An Act to amend title 10, United States Code, to abolish one of the two positions of Deputy Secretary of Defense and establish the position of Under Secretary of Defense for Policy and to change the title of the Director of Defense Research and Engineering to the Under Secretary of Defense for Research and Engineering.
PL 95-140 (S.1372), enacted 10/21/1977

91 STAT. 1172 
PUBLIC LAW 95-140—OCT. 21, 1977 
Public Law 95-140 
95th Congress 
(jf-
Oct. 21, 1977 
[S. 1372] 
Defense 
Department. 
Deputy and 
Under 
Secretaries of 
Defense. 
Position changes. 
Under Secretary 
for Policy and 
Under Secretary 
for Research and 
Engineering. 
An Act 
Tu ameud title 10, United States Code, to abolish one of the two positions 
of Deputy Secretary of Defense and establish the position of Under Sec-
retary of Defense for Policy and to change the title of the Director of 
Defense Research and Engineering to the Under Secretary of Defense 
for Research and Engineering. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) section 134 
of title 10, United States Code, is amended— 
(1) in subsection (a), by strikino; ont "There are two Deputy 
Secretaries" in the first sentence and inserting in lieu thereof 
"There is a Deputy Secretary", and by striking out "a" in the 
second sentence immediately before "Deputy Secretary"; 
(2) in subsection (b), by striking out "Deputy Secretaries" in 
the first sentence and inserting in lieu thereof "Deputy Secretary" 
and by striking out "Deputy Secretaries, in the order of prece-
dence, designated by the President" in the second sentence and 
inserting in lieu thereof "Deputy Secretary"; 
(3) in subsection (c), by striking out "The Deputy Secretaries 
take" and inserting in lieu thereof "The Deputy Secretary takes"; 
and 
(4) in the section heading, by striking out "Deputy Secre-
taries" and inserting in lieu thereof "Deputy Secretary", 
(b) The item relating to section 134 in the analysis of chapter 4 
of title 10, United States Code, is amended by striking out "Deputy 
Secretaries" and inserting in lieu thereof "Deputy Secretary". 
SEC. 2. (a)(1) Subsection (a) of section 135 of title 10, United 
States Code, is amended to read as follows: 
"(a) There are two Under Secretaries of Defense, one of whom 
shall be the Under Secretary of Defense for Policy and one of whom 
shall be the Under Secretary of Defense for Research and Engineer-
ing. The Under Secretaries of Defense shall be appointed from civilian 
life by the President, by and with the advice and consent of the Senate. 
A person may not be appointed Under Secretary of Defense for Policy 
within ten years after relief from active duty as a commissioned officer 
of a regular component of an armed force.". 
(2) Subsection (b) of such section is amended by striking out "The 
Director performs" and inserting in lieu thereof "The Under Secre-
tary of Defense for Policy shall perform such duties and exercise such 
powers as the Secretary of Defense may prescribe. The Under Secre-
tary of Defense for Research and Engineering shall perform". 
(3) Subsection (c) of such section is amended by striking out 
"Director" and inserting in lieu thereof "Under Secretary of Defense 
for Policy", by striking out "Deputy Secretaries" and inserting in lieu 
thereof "Deputy Secretary", and by adding at the end thereof the 
following new sentence: "The Under Secretary of Defense for 
Research and Engineering takes precedence in the Department of 
Defense immediately after the Under Secretary of Defense for 
Policy.". 
PUBLIC LAW 95-140—OCT. 21, 1977 
91 STAT. 1173 
(4) The section heading for such section is amended by striking out 
"Director of Defense Research and Engineering" and inserting in 
lieu thereof "Under Secretaries of Defense". 
(b) The item relating to section 135 in the analysis of chapter 4 
of title 10, United States Code, is amended by striking out "Director 
of Defense Research and Engineering" and inserting in lieu thereof "Under 
Secretaries of Defense". 
SEC. 3. (a) Section 136(e) of title 10, United States Code, is amended 
to read as follows: 
"(e) The Assistant Secretaries take precedence in the Department 
of Defense after the Secretary of Defense, the Deputy Secretary of 
Defense, the Secretaries of the military departments, and the Under 
Secretaries of Defense.". 
(b) (1) Clause (2) of section 171(a) of title 10, United States Code, 
is amended by striking out "a" and inserting in lieu thereof "the". 
(2) Clause (6) of such section is amended to read as follows: 
"(6) the Under Secretaries of Defense;". 
(c) Section 303(c) of the Internal Security Act of 1950 (50 U.S.C. 
833(c)) is amended by striking out "Deputy Secretaries" and insert-
ing in lieu thereof "Deputy Secretary". 
(d) (1) Section 5313(1) of title 5, United States Code, is amended 
to read as follows: 
"(1) Deputy Secretary of Defense.". 
(2) Section 5314(32) of such title is amended to read as follows: 
"(32) Under Secretaries of Defense (2).". 
Approved October 21, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-519 (Comm. on Armed Services). 
SENATE REPORT No. 95-234 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
June 9, considered and passed Senate. 
Sept. 19, considered and passed House, amended. 
Oct. 6, Senate concurred in House amendments.