
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC132]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
              CHAPTER 4--OFFICE OF THE SECRETARY OF DEFENSE
 
Sec. 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. 
A person may not be appointed as Deputy Secretary of Defense within ten 
years after relief from active duty as a commissioned officer of a 
regular component of an armed force.
    (b) The Deputy Secretary shall perform such duties and exercise such 
powers as the Secretary of Defense may prescribe. The Deputy Secretary 
shall act for, and exercise the powers of, the Secretary when the 
Secretary is disabled or there is no Secretary of Defense.
    (c) The Deputy Secretary takes precedence in the Department of 
Defense immediately after the Secretary.

(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 518, 
Sec. 134; amended Pub. L. 92-596, Sec. 4(1), Oct. 27, 1972, 86 Stat. 
1318; Pub. L. 95-140, Sec. 1(a), Oct. 21, 1977, 91 Stat. 1172; 
renumbered Sec. 132 and amended Pub. L. 99-433, title I, 
Secs. 101(a)(7), 110(d)(7), Oct. 1, 1986, 100 Stat. 995, 1003.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
134(a)................................  5:171c(a) (1st sentence).            Ju
ly 26, 1947, ch. 343, Sec.
134(b)................................  5:171c(a) (less 1st sentence and      2
03(a); added Aug. 10, 1949, ch.
                                         last 15 words of 2d sentence).       4
12, Sec.  6(a) (1st par.), 63
                                                                              S
tat. 581.
134(c)................................  5:171c(a) (last 15 words of 2d
                                         sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the last sentence is substituted for 5 U.S.C. 
171c(a) (proviso).


                            Prior Provisions

    A prior section 132 was renumbered section 112 of this title.


                               Amendments

    1986--Pub. L. 99-433 renumbered section 134 of this title as this 
section and struck out ``: appointment; powers and duties; precedence'' 
at end of section catchline.
    1977--Pub. L. 95-140, Sec. 1(a)(4), substituted ``Deputy Secretary'' 
for ``Deputy Secretaries'' in section catchline.
    Subsec. (a). Pub. L. 95-140, Sec. 1(a)(1), substituted ``There is a 
Deputy Secretary'' for ``There are two Deputy Secretaries'' and struck 
out ``a'' before ``Deputy Secretary''.
    Subsec. (b). Pub. L. 95-140, Sec. 1(a)(2), substituted ``Deputy 
Secretary'' for ``Deputy Secretaries'' and ``Deputy Secretary'' for 
``Deputy Secretaries, in the order of precedence, designated by the 
President''.
    Subsec. (c). Pub. L. 95-140, Sec. 1(a)(3), substituted ``The Deputy 
Secretary takes'' for ``The Deputy Secretaries take''.
    1972--Pub. L. 92-596 substituted ``Deputy Secretaries'' for ``Deputy 
Secretary'' in section catchline.
    Subsec. (a). Pub. L. 92-596 substituted ``There are two Deputy 
Secretaries of Defense'' for ``There is a Deputy Secretary of Defense''.
    Subsec. (b). Pub. L. 92-596 provided for the exercise of powers and 
duties consequent to the creation of a second Deputy Secretary.
    Subsec. (c). Pub. L. 92-596 substituted ``The Deputy Secretaries 
take'' for ``The Deputy Secretary takes''.


                           Order of Succession

    For order of succession in event of death, disability, or 
resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 
18483, set out as a note under section 3345 of Title 5, Government 
Organization and Employees.
