10 U.S.C. § 134 — Under Secretary of Defense for Policy

Page 190 TITLE 10—ARMED FORCES § 134 sess the efficacy of the national level programs covered by subsection (b) shall be provided to the senior official designated under such subsection by the following offi- cials: ‘‘(1) The Secretary of each military department. ‘‘(2) The Under Secretary of Defense for Policy. ‘‘(3) The Under Secretary of Defense for Research and Engineering. ‘‘(4) The Chairman of the Joint Chiefs of Staff. ‘‘(5) The Director of Cost Assessment and Program Evaluation.’’ § 134. Under Secretary of Defense for Policy (a) There is an Under Secretary of Defense for Policy, appointed from civilian life by the Presi- dent, 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 reg- ular 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) and strategic pol- icy guidance for the activities of the Depart- ment of Defense across all geographic regions and military functions and domains; (B) the integration of the activities of the Department into the National Security Strat- egy 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 pro- gram and budget requests by the military de- partments and other elements of the Depart- ment; and (F) the development of strategic policy guid- ance for the Department of Defense to enable the achievement of Presidential objectives outlined within the nuclear weapons employ- ment guidance of the United States, as de- scribed in section 491 of this title. (3) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall have responsibility for super- vising and directing activities of the Depart- ment 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 over- all 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. (5) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall coordinate with the Chairman of the Joint Chiefs of Staff and the Director of Cost Assessment and Program Evaluation to— (A) develop planning scenarios that describe the present and future strategic and oper- ational environments by which to assess joint force capabilities and readiness; and (B) develop specific objectives that the joint force should be ready to achieve, and conduct assessments of the capability (in terms of both capacity and readiness) of the joint force to achieve such objectives. (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 and Sustainment, the Under Secretary of Defense for Research and Engineering, 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; Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597; Pub. L. 115–232, div. A, title IX, § 902, Aug. 13, 2018, 132 Stat. 1921; Pub. L. 116–92, div. A, title IX, § 902(3), Dec. 20, 2019, 133 Stat. 1542; Pub. L. 118–159, div. A, title XVI, § 1621(c), Dec. 23, 2024, 138 Stat. 2171.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. PRIOR PROVISIONS 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. AMENDMENTS 2024—Subsec. (b)(2)(F). Pub. L. 118–159 added subpar. (F). 2019—Subsec. (c). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engi- neering,’’ for ‘‘Under Secretary of Defense for Acquisi- tion, Technology, and Logistics,’’. 2018—Subsec. (b)(2). Pub. L. 115–232, § 902(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The Under Secretary shall assist the Sec- retary of Defense— ‘‘(A) in preparing written policy guidance for the preparation and review of contingency plans; and ‘‘(B) in reviewing such plans.’’ Subsec. (b)(5). Pub. L. 115–232, § 902(b), added par. (5). 2017—Pub. L. 115–91, § 1081(b)(1)(A), repealed Pub. L. 113–291, § 901(j)(2)(B). See 2014 Amendment note below. 2014—Subsec. (c). Pub. L. 113–291, § 901(j)(2)(B), which directed insertion of ‘‘the Under Secretary of Defense for Business Management and Information,’’ after ‘‘the Page 191 TITLE 10—ARMED FORCES § 134 Deputy Secretary of Defense,’’, was repealed by Pub. L. 115–91, § 1081(b)(1)(A). 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 Acquisi- tion 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,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title IX, § 1081(b)(1), Dec. 12, 2017, 131 Stat. 1597, provided that the amendment made by section 1081(b)(1)(A) is effective as of Dec. 23, 2016. EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–291, div. A, title IX, § 901(j)(2), Dec. 19, 2014, 128 Stat. 3467, which provided that the amendment made by section 901(j)(2)(B) is effective on the effective date specified in former section 901(a)(1) of Pub. L. 113–291, which was Feb. 1, 2017, was repealed by Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597. IMPLEMENTATION OF AMENDMENTS BY PUB. L. 105–261 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 imple- ment the amendment made by subsection (a) [amend- ing 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 re- port 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 sec- tion]. The report shall include the following: ‘‘(1) A description of any organizational changes that are to be made within the Department of De- fense 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 sub- sections.’’ RESPONSIBILITY FOR POLICY ON CIVILIAN CASUALTY MATTERS Pub. L. 115–232, div. A, title IX, § 936, Aug. 13, 2018, 132 Stat. 1939, as amended by Pub. L. 116–92, div. A, title XII, § 1282, Dec. 20, 2019, 133 Stat. 1706, provided that: ‘‘(a) DESIGNATION OF SENIOR CIVILIAN OFFICIAL.—Not later than 90 days after the date of the enactment of this Act [Aug. 13, 2018], the Under Secretary of Defense for Policy shall designate a senior civilian official of the Department of Defense within the Office of the Sec- retary of Defense at or above the level of Assistant Sec- retary of Defense to develop, coordinate, and oversee compliance with the policy of the Department relating to civilian casualties resulting from United States military operations. ‘‘(b) RESPONSIBILITIES.—The senior civilian official designated under subsection (a) shall ensure that the policy referred to in that subsection provides for— ‘‘(1) uniform processes and standards across the combatant commands for accurately recording ki- netic strikes by the United States military; ‘‘(2) the development and dissemination of best practices for reducing the likelihood of civilian cas- ualties from United States military operations; ‘‘(3) the development of publicly available means appropriate to the specific regional circumstances, including an Internet-based mechanism, for the sub- mittal to the United States Government of allega- tions of civilian casualties resulting from United States military operations; ‘‘(4) uniform processes and standards across the combatant commands for reviewing and investigating allegations of civilian casualties resulting from United States military operations, including the con- sideration of relevant information from all available sources; ‘‘(5) uniform processes and standards across the combatant commands for— ‘‘(A) acknowledging the responsibility of the United States military for civilian casualties re- sulting from United States military operations, in- cluding for acknowledging the status of any indi- viduals killed or injured who were believed to be enemy combatants, but subsequently determined to be non-combatants; and ‘‘(B) offering ex gratia payments or other assist- ance to civilians who have been injured, or to the families of civilians killed, as a result of United States military operations, as determined to be reasonable and culturally appropriate by the des- ignated senior civilian official; ‘‘(6) regular engagement with relevant intergovern- mental and nongovernmental organizations; ‘‘(7) public affairs guidance with respect to matters relating to civilian casualties alleged or confirmed to have resulted from United States military oper- ations; ‘‘(8) cultivating, developing, retaining, and dissemi- nating— ‘‘(A) lessons learned for integrating civilian pro- tection into operational planning and identifying the proximate cause or causes of civilian casual- ties; and ‘‘(B) practices developed to prevent, mitigate, or respond to such casualties; [and] ‘‘(9) such other matters with respect to civilian cas- ualties resulting from United States military oper- ations as the designated senior civilian official con- siders appropriate. ‘‘(c) COORDINATION.—The senior civilian official des- ignated under subsection (a) shall develop and imple- ment steps to increase coordination with the relevant Chiefs of Mission and other appropriate positions in the Department of State with respect to the policies re- quired pursuant to subsection (a) and other matters or assistance related to civilian harm, resulting from military operations. ‘‘(d) REPORT.—Not later than 180 days after the date of the enactment of this Act [Aug. 18, 2018], the senior civilian official designated under subsection (a) shall submit to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that describes— ‘‘(1) the policy developed by the senior civilian offi- cial under that subsection; and ‘‘(2) the efforts of the Department to implement such policy. ‘‘(e) BRIEFING.—Not later than 180 days after the date of the enactment of this subsection [Dec. 20, 2019], the senior civilian official designated under subsection (a) shall provide to the congressional defense committees a briefing on— Page 192 TITLE 10—ARMED FORCES [§ 134a ‘‘(1) the updates made to the policy developed by the senior civilian official pursuant to this section; and ‘‘(2) the efforts of the Department to implement such updates.’’ [§ 134a. Repealed. Pub. L. 111–383, div. A, title IX, § 901(b)(1), Jan. 7, 2011, 124 Stat. 4317] Section, added Pub. L. 102–190, div. A, title IX, § 901(a)(1), Dec. 5, 1991, 105 Stat. 1450; amended Pub. L. 104–106, div. A, title IX, § 903(c)(2), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 111–84, div. A, title IX, § 906(c)(1)(B), (2)(B), Oct. 28, 2009, 123 Stat. 2427, estab- lished the position of Principal Deputy Under Sec- retary of Defense for Policy. Editorial Notes PRIOR PROVISIONS A prior section 134a was renumbered section 133 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as an Effective Date of 2011 Amend- ment note under section 131 of this title. [§ 134b. Repealed. Pub. L. 111–84, div. A, title IX, § 905(a)(1), Oct. 28, 2009, 123 Stat. 2425] Section, added Pub. L. 105–261, div. A, title XV, § 1521(b)(1), Oct. 17, 1998, 112 Stat. 2178, related to the Deputy Under Secretary of Defense for Technology Se- curity Policy. § 135. Under Secretary of Defense (Comptroller) (a)(1) There is an Under Secretary of Defense (Comptroller), appointed from civilian life by the President, by and with the advice and con- sent of the Senate. A person may not be ap- pointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. (2) The Under Secretary of Defense (Comp- troller) shall be appointed from among persons who have significant budget, financial manage- ment, or audit experience in complex organiza- tions. (b) The Under Secretary of Defense (Comp- troller) is the agency Chief Financial Officer of the Department of Defense for the purposes of chapter 9 of title 31. The Under Secretary of De- fense (Comptroller) shall perform the duties as- signed to the Under Secretary in section 2222 of this title and such additional duties and exercise such powers as the Secretary of Defense may prescribe. (c) The Under Secretary of Defense (Comp- troller) shall advise and assist the Secretary of Defense— (1) in performing such budgetary and fiscal functions and duties, and in exercising such budgetary and fiscal powers, as are needed to carry out the powers of the Secretary; (2) in supervising and directing the prepara- tion of budget estimates of the Department of Defense; (3) in establishing and supervising the execu- tion of principles, policies, and procedures to be followed in connection with organizational and administrative matters relating to— (A) the preparation and execution of budg- ets; (B) fiscal, cost, operating, and capital property accounting; and (C) progress and statistical reporting; (4) in establishing and supervising the execu- tion of policies and procedures relating to the expenditure and collection of funds adminis- tered by the Department of Defense; and (5) in establishing uniform terminologies, classifications, and procedures concerning matters covered by paragraphs (1) through (4). (d) In addition to any duties under subsection (c), the Under Secretary of Defense (Comp- troller) shall, subject to the authority, direc- tion, and control of the Secretary of Defense, do the following: (1) Provide guidance and instruction on an- nual performance plans and evaluations to the following: (A) The Assistant Secretaries of the mili- tary departments for financial management. (B) Any other official of an agency, organi- zation, or element of the Department of De- fense with responsibility for financial man- agement. (2) Give directions to the military depart- ments, Defense Agencies, and other organiza- tions and elements of the Department of De- fense regarding their financial statements and the audit and audit readiness of such financial statements. (e) The Under Secretary of Defense (Comp- troller) takes precedence in the Department of Defense after the Under Secretary of Defense for Policy. (f) The Under Secretary of Defense (Comp- troller) shall ensure that each of the congres- sional defense committees is informed, in a timely manner, regarding all matters relating to the budgetary, fiscal, and analytic activities of the Department of Defense that are under the supervision of the Under Secretary of Defense (Comptroller). (Added Pub. L. 99–433, title I, § 107, Oct. 1, 1986, 100 Stat. 998, § 137; renumbered § 135 and amended Pub. L. 103–160, div. A, title IX, §§ 901(a)(2), 902(a)(1), (b), Nov. 30, 1993, 107 Stat. 1726, 1727; Pub. L. 103–337, div. A, title IX, § 903(a)(1), (2), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 104–106, div. A, title XV, § 1502(a)(6), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1043(b)(1), Nov. 24, 2003, 117 Stat. 1610; Pub. L. 111–383, div. A, title IX, § 901(m)(3), Jan. 7, 2011, 124 Stat. 4326; Pub. L. 115–91, div. A, title IX, §§ 904(1), 905(a), 912(b), Dec. 12, 2017, 131 Stat. 1512, 1520; Pub. L. 117–81, div. A, title IX, § 901(f)(1), Dec. 27, 2021, 135 Stat. 1868.) Editorial Notes PRIOR PROVISIONS A prior section 135 was renumbered section 138b of this title. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 117–81 substituted ‘‘an armed force’’ for ‘‘the armed forces’’.