10 U.S.C. § 134 (ARMED FORCES)
§ 134. Under Secretary of Defense for Policy
(a) There is an Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
(b)
(1) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.
(2) The Under Secretary shall assist the Secretary of Defense—
(A) in preparing written policy guidance for the preparation and review of contingency plans; and
(B) in reviewing such plans.
(3) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall have responsibility for supervising and directing activities of the Department of Defense relating to export controls.
(4) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Policy shall have overall direction and supervision for policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense for combating terrorism.
(c) The Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Secretaries of the military departments.
(Added Pub. L. 99–433, title I, § 105(1), Oct. 1, 1986, 100 Stat. 997; amended Pub. L. 99–500, § 101(c) [title X, § 903(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–132, and Pub. L. 99–591, § 101(c) [title X, § 903(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–132; Pub. L. 99–661, div. A, title IX, formerly title IV, § 903(a), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105–261, div. A, title XV, § 1521(a), Oct. 17, 1998, 112 Stat. 2178; Pub. L. 106–65, div. A, title IX, § 911(d)(1), Oct. 5, 1999, 113 Stat. 719; Pub. L. 107–314, div. A, title IX, § 902(b), Dec. 2, 2002, 116 Stat. 2620; Pub. L. 110–181, div. A, title IX, § 903(c), Jan. 28, 2008, 122 Stat. 273; Pub. L. 113–291, div. A, title IX, § 901(j)(2)(B), Dec. 19, 2014, 128 Stat. 3467.)
heading: Amendment of Subsection (c)
text: Pub. L. 113–291, div. A, title IX, § 901(j)(2), Dec. 19, 2014, 128 Stat. 3467, provided that, effective Feb. 1, 2017, subsection (c) of this section is amended by inserting “the Under Secretary of Defense for Business Management and Information,” after “the Deputy Secretary of Defense,”. Amendment was not executed to reflect the probable intent of Congress. See 2014 Amendment note below.
heading: Codification
text: Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
heading: Prior Provisions
text: Provisions of this section were contained in section 135 of this title prior to amendment by Pub. L. 99–433.
A prior section 134 was renumbered section 132 of this title.
heading: Amendments
text: 2014—Subsec. (c). Pub. L. 113–291, which directed insertion of “the Under Secretary of Defense for Business Management and Information,” after “the Deputy Secretary of Defense,”, effective Feb. 1, 2017, was not executed to reflect the probable intent of Congress. Section 901(a)(1) of Pub. L. 113–291, which amended section 132a of this title, effective Feb. 1, 2017, to establish the Under Secretary of Defense for Business Management and Information, was repealed by Pub. L. 114–328, effective Dec. 23, 2016.
2008—Subsec. (a). Pub. L. 110–181 substituted “seven” for “10”.
2002—Subsec. (b)(4). Pub. L. 107–314 added par. (4).
1999—Subsec. (c). Pub. L. 106–65 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.
1998—Subsec. (b)(3). Pub. L. 105–261 added par. (3).
1993—Subsec. (c). Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.
1986—Subsec. (c). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended subsec. (c) identically, inserting “the Under Secretary of Defense for Acquisition,”.
heading: Effective Date of 2014 Amendment
text: Pub. L. 113–291, div. A, title IX, § 901(j)(2), Dec. 19, 2014, 128 Stat. 3467, provided that the amendment made by section 901(j)(2)(B) is effective on the effective date specified in section 901(a)(1) of Pub. L. 113–291, which was Feb. 1, 2017, prior to repeal by Pub. L. 114–328, div. A, title IX, § 901(d), Dec. 23, 2016, 130 Stat. 2342.
heading: Implementation of Amendments by Pub. L. 105–261
text: Pub. L. 105–261, div. A, title XV, § 1521(c), (d), Oct. 17, 1998, 112 Stat. 2179, provided that:
“(c) Time for Implementation.—
The Secretary of Defense shall complete the actions necessary to implement the amendment made by subsection (a) [amending this section] and to establish the office of Deputy Under Secretary of Defense for Technology Security Policy in accordance with [former] section 134b of title 10, United States Code, as added by subsection (b), not later than 60 days after the date of the enactment of this Act [Oct. 17, 1998].
“(d) Report.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives [now Committee on Armed Services of the House of Representatives] a report on the plans of the Secretary for implementing the amendments made by subsections (a) and (b) [enacting former section 134b of this title and amending this section]. The report shall include the following:
“(1) A description of any organizational changes that are to be made within the Department of Defense to implement those amendments.
“(2) A description of the role of the Chairman of the Joint Chiefs of Staff in the export control activities of the Department of Defense after those subsections are implemented, together with a discussion of how that role compares to the Chairman’s role in those activities before the implementation of those subsections.”