
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC134]

 
                         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. 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 
10 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.
    (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, Sec. 105(1), Oct. 1, 1986, 100 Stat. 
997; amended Pub. L. 99-500, Sec. 101(c) [title X, Sec. 903(a)], Oct. 
18, 1986, 100 Stat. 1783-82, 1783-132, and Pub. L. 99-591, Sec. 101(c) 
[title X, Sec. 903(a)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-132; Pub. 
L. 99-661, div. A, title IX, formerly title IV, Sec. 903(a), Nov. 14, 
1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100-26, Sec. 3(5), 
Apr. 21, 1987, 101 Stat. 273; Pub. L. 103-160, div. A, title IX, 
Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105-261, div. A, 
title XV, Sec. 1521(a), Oct. 17, 1998, 112 Stat. 2178; Pub. L. 106-65, 
div. A, title IX, Sec. 911(d)(1), Oct. 5, 1999, 113 Stat. 719.)

                          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

    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,''.


                           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.


             Implementation of Amendments by Pub. L. 105-261

    Pub. L. 105-261, div. A, title XV, Sec. 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 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 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.''
