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10 U.S.C. § 132 — Deputy Secretary of Defense

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 132 — Deputy Secretary of Defense

**(a)** There is a Deputy Secretary of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management experience. A person may not be appointed as Deputy Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. **(b)** (1) The Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. (2) (A) The Deputy Secretary shall act for, and exercise the powers of, the Secretary when the Secretary dies, resigns, or is otherwise unable to perform the functions and duties of the office. (B) If the Secretary is unable to perform the functions and duties of the office as described in subparagraph (A), the Deputy Secretary, or any other individual performing such functions and duties in accordance with applicable law, shall, not later than 24 hours before any planned transfer of such functions and duties or 24 hours after any unplanned transfer of such functions and duties, notify the following of the transfer: (i) The Committee on Armed Services, the Committee on Appropriations, and the majority and minority leaders of the Senate. (ii) The Committee on Armed Services, the Committee on Appropriations, the Speaker, and the minority leader of the House of Representatives. **(c)** The Deputy Secretary takes precedence in the Department of Defense immediately after the Secretary. **(d)** Until September 30, 2020, the Deputy Secretary of Defense shall lead the Guam Oversight Council and shall be the Department of De

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Source location: Title 10, Chapter 4, § 132; chapter-004-office-of-the-secretary-of-defense.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2391 — Military base reuse studies and community planning assistance

**(a) Reuse Studies.—** Whenever the Secretary of Defense or the Secretary of the military department concerned publicly announces that a military installation is a candidate for closure or that a final decision has been made to close a military installation and the Secretary of Defense determines, because of the location, facilities, or other particular characteristics of the installation, that the installation may be suitable for some specific Federal, State, or local use potentially beneficial to the Nation, the Secretary of Defense may conduct such studies, including the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), in connection with such installation and such potential use as may be necessary to provide information sufficient to make sound conclusions and recommendations regarding the possible use of the installation. **(b) Adjustment and Diversification Assistance.—** (1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense in order to assist State and local governments in planning community adjustments and economic diversification required (A) by the proposed or actual establishment, realignment, or closure of a military installation, (B) by the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, (C) by a publicly announced planned major reduction in Department of Defense spending that would directly and adversely affect a community, (D) by the en

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall be responsible and have overall direction and supervision for— (A) the development, implementation, and integration across the Department of Defense of the National Defense Strategy (as described by [section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113&num=0&edition=prelim)) and strategic policy guidance for the activities of the Department of Defense across all geographic regions and military functions and domains; (B) the integration of the activities of the Department into the National Security Strategy of the United States; (C) the development of policy guidance for the preparation of campaign and contingency plans by the combatant commands, and for the review of such plans; (D) the preparation of policy guidance for the development of the global force posture; (E) the development of the Defense Planning Guidance that guides the formulation of program and budget requests by the military departments and other elements of the Department; and (F) the development of strategic policy guidance for the Department of Defense to enable the achievement of Presidential objectives outlined within the nuclear weapons employment guidance of the United States, a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3345 — Acting officer

**(a)** If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office— (1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346; (2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or (3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if— (A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and (B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule. **(b)** (1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if— (A) during the 365-day period preceding the date of the

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 112 — Department of Defense: seal

The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 191 — Secretary of Defense: authority to provide for common performance of supply or service activities

**(a) Authority.—** Whenever the Secretary of Defense determines such action would be more effective, economical, or efficient, the Secretary may provide for the performance of a supply or service activity that is common to more than one military department by a single agency of the Department of Defense. **(b) Designation of Common Supply or Service Agency.—** Any agency of the Department of Defense established under subsection (a) (or under the second sentence of [section 125(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section125/d&num=0&edition=prelim) (as in effect before October 1, 1986)) for the performance of a supply or service activity referred to in such subsection shall be designated as a Defense Agency or a Department of Defense Field Activity.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 131 — Office of the Secretary of Defense

**(a)** There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carrying out the Secretary’s duties and responsibilities and to carry out such other duties as may be prescribed by law. **(b)** The Office of the Secretary of Defense is composed of the following: (1) The Deputy Secretary of Defense. (2) Repealed. Pub. L. 116–283, div. A, title IX, § 901(a)(2)(A), Jan. 1, 2021, 134 Stat. 3794.] (3) The Under Secretaries of Defense, as follows: (A) The Under Secretary of Defense for Research and Engineering. (B) The Under Secretary of Defense for Acquisition and Sustainment. (C) The Under Secretary of Defense for Policy. (D) The Under Secretary of Defense (Comptroller). (E) The Under Secretary of Defense for Personnel and Readiness. (F) The Under Secretary of Defense for Intelligence and Security. (4) Other officers who are appointed by the President, by and with the advice and consent of the Senate, and who report directly to the Secretary and Deputy Secretary without intervening authority, as follows: (A) The Director of Cost Assessment and Program Evaluation. (B) The Director of Operational Test and Evaluation. (C) The General Counsel of the Department of Defense. (D) The Inspector General of the Department of Defense. (5) The Chief Information Officer of the Department of Defense, who reports directly to the Secretary and Deputy Secretary without intervening authority. (6) The Deputy Under Secretaries of Defense. (7) The Assistant Secretaries of Defense. (8) Other officials provided for by law, as follows: (A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under [section 139a(c) of this t

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 132a — Performance Improvement Officer

**(a) Establishment.—** (1) There is a Performance Improvement Officer of the Department of Defense, to be appointed by the Secretary of Defense from among the ranks of qualified individuals from the senior career civil service. (2) The Performance Improvement Officer shall be appointed from among persons described in paragraph (1) who have an extensive management or business background and experience with managing large or complex organizations, organizational change management, or business transformation activities. **(b) Deputy.—** The Performance Improvement Officer shall be supported by a Deputy who shall be appointed by the Secretary of Defense from among the ranks of qualified individuals from the senior career civil service. The Deputy shall be the first assistant to the Performance Improvement Officer and shall assist that Officer in the performance of the duties of that position and shall act for, and exercise the powers of, the Officer when that Officer dies, resigns, or is otherwise unable to perform the functions and duties of the office. **(c) Duties and Responsibilities.—** Subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Performance Improvement Officer shall perform such duties, exercise such powers, and have such responsibilities as the Secretary or the Deputy Secretary may prescribe, including the following: (1) Responsibility for updating and implementing the Strategic Management Plan of the Department of Defense required by section 904(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 2201). (2) Responsibility for chairing the Defense Performance Improvement Council (or any successor organization). (3) Responsibility f

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1451 — Rights of Indians not impaired; boundaries

Nothing in title 23 of the Revised Statutes shall be construed to impair the rights of person or property pertaining to the Indians in any Territory, so long as such rights remain unextinguished by treaty between the United States and such Indians, or to include any Territory which, by treaty with any Indian tribe, is not, without the consent of such tribe, embraced within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of any Territory now or hereafter organized until such tribe signifies its assent to the President to be embraced within a particular Territory. As used herein, the term “Territory” does not include the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1737 — Definitions and general provisions

**(a) Definitions.—** In this subchapter: (1) The term “program manager” means, with respect to a defense acquisition program, the member of the acquisition workforce responsible for managing the program, regardless of the title given the member. (2) The term “deputy program manager” means the person who has authority to act on behalf of the program manager in the absence of the program manager. (3) The term “significant nonmajor defense acquisition program” means a Department of Defense acquisition program that is not a major defense acquisition program (as defined in [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim)) and that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than the dollar threshold set forth in [section 3041(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041/b/1&num=0&edition=prelim) for such purposes for a major system or an eventual total expenditure for procurement of more than the dollar threshold set forth in [section 3041(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041/b/1&num=0&edition=prelim) for such purpose for a major system. (4) The term “portfolio acquisition executive” means an individual described in [section 1732(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1732/a&num=0&edition=prelim). (5) The term “senior contracting official” means a director of contracting, or a principal deputy to a director of contracting, serving in the office of the Secretary of a military department, the headquarters of a military depa

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 132 — Deputy Secretary of Defense

Page 181 TITLE 10—ARMED FORCES § 132 position of Assistant Secretary of Defense for Oper- ational Energy Plans and Programs. ‘‘(C) In the case of the individual serving as Assist- ant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, the posi- tion of Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.’’ DEFENSE ACQUISITION WORKFORCE Pub. L. 105–85, div. A, title IX, § 912(a)–(e), Nov. 18, 1997, 111 Stat. 1860, 1861, required Secretary of Defense to accomplish reductions in defense acquisition per- sonnel positions, to report on specific acquisition posi- tions previously eliminated, to submit an implementa- tion plan to streamline and improve acquisition organi- zations, to review acquisition organizations and func- tions, and to require certain duties of Task Force on Defense Reform. REDUCTION OF PERSONNEL ASSIGNED TO OFFICE OF THE SECRETARY OF DEFENSE Pub. L. 104–201, div. A, title IX, § 903, Sept. 23, 1996, 110 Stat. 2617, which provided for phased reduction of num- ber of personnel assigned to or employed in functions in Office of the Secretary of Defense, was repealed and re- stated in section 143 of this title by Pub. L. 105–85, div. A, title IX, § 911(d)(1), (3), Nov. 18, 1997, 111 Stat. 1859, 1860. ORGANIZATION OF OFFICE OF THE SECRETARY OF DEFENSE Pub. L. 104–106, div. A, title IX, § 901, Feb. 10, 1996, 110 Stat. 399, as amended by Pub. L. 104–201, div. A, title IX, § 903(g), Sept. 23, 1996, 110 Stat. 2618, directed the Secretary of Defense to conduct a review of the organi- zations and functions of the Office of the Secretary of Defense and the personnel needed to carry out those functions, and to submit to the congressional defense committees a report containing fin

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