
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: 10USC137]

 
                         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. 137. Director of Defense Research and Engineering

    (a) There is a Director of Defense Research and Engineering, 
appointed from civilian life by the President, by and with the advice 
and consent of the Senate.
    (b) Except as otherwise prescribed by the Secretary of Defense, the 
Director of Defense Research and Engineering shall perform such duties 
relating to research and engineering as the Under Secretary of Defense 
for Acquisition, Technology, and Logistics may prescribe.

(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 518, 
Sec. 135; amended Pub. L. 92-596, Sec. 4(2), Oct. 27, 1972, 86 Stat. 
1318; Pub. L. 95-140, Sec. 2(a), Oct. 21, 1977, 91 Stat. 1172; Pub. L. 
99-348, title V, Sec. 501(b)(1), (2), (e)(1), July 1, 1986, 100 Stat. 
707, 708; Pub. L. 99-433, title I, Sec. 105, Oct. 1, 1986, 100 Stat. 
997; Pub. L. 99-500, Sec. 101(c) [title X, Sec. 903(b)(1)], Oct. 18, 
1986, 100 Stat. 1783-82, 1783-132, and Pub. L. 99-591, Sec. 101(c) 
[title X, Sec. 903(b)(1)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-132; 
Pub. L. 99-661, div. A, title IX, formerly title IV, Sec. 903(b)(1), 
Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100-26, 
Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; renumbered Sec. 137 and amended 
Pub. L. 103-160, div. A, title IX, Secs. 901(a)(1), 904(d)(1), Nov. 30, 
1993, 107 Stat. 1726, 1728; Pub. L. 104-106, div. A, title IX, 
Sec. 903(c)(3), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104-201, div. A, 
title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 106-65, div. 
A, title IX, Sec. 911(d)(1), Oct. 5, 1999, 113 Stat. 719.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
135(a)................................  5:171c(b)(1) (1st 30 words of 1st    Ju
ly 26, 1947, ch. 343, Sec.
                                         sentence).                           2
03(b)(1) (less last sentence);
135(b)................................  5:171c(b)(1) (2d sentence).           a
dded Aug. 6, 1958, Pub. L. 85-
135(c)................................  5:171c(b)(1) (1st sentence, less      5
99, Sec.  9(a) (2d par., less
                                         1st 30 words).                       l
ast sentence), 72 Stat. 520.
-------------------------------------------------------------------------------
---------------------------------

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


                            Prior Provisions

    A prior section 137 was renumbered section 135 of this title.
    Another prior section 137 was renumbered section 140 of this title.


                               Amendments

    1999--Subsec. (b). Pub. L. 106-65 substituted ``Under Secretary of 
Defense for Acquisition, Technology, and Logistics'' for ``Under 
Secretary of Defense for Acquisition and Technology''.
    1996--Pub. L. 104-106, Sec. 903(a), (c)(3), which directed repeal of 
this section eff. Jan. 31, 1997, was repealed by Pub. L. 104-201.
    1993--Pub. L. 103-160, Sec. 901(a)(1), renumbered section 135 of 
this title as this section.
    Subsec. (b). Pub. L. 103-160, Sec. 904(d)(1), substituted ``Under 
Secretary of Defense for Acquisition and Technology'' for ``Under 
Secretary of Defense for Acquisition''.
    1986--Pub. L. 99-433, Sec. 105(1), amended section catchline 
generally, substituting ``Director of Defense Research and Engineering'' 
for ``Under Secretary of Defense for Policy; Director of Defense 
Research and Engineering: appointments; powers and duties; precedence''.
    Pub. L. 99-348, Sec. 501(e)(1), substituted ``Under Secretary of 
Defense for Policy; Director of Defense Research and Engineering: 
appointments'' for ``Under Secretaries of Defense: appointment'' in 
section catchline.
    Subsec. (a). Pub. L. 99-433, Sec. 105(1), substituted a new subsec. 
(a) for former provisions establishing the positions of Under Secretary 
of Defense for Policy and Director of Defense for Research and 
Engineering to be appointed from civilian life by the President with the 
advice and consent of the Senate and prohibiting the appointment as 
Under Secretary of Defense for Policy of a person within ten years after 
relief from active duty as a commissioned officer of a regular component 
of an armed force. See section 134 of this title.
    Pub. L. 99-348, Sec. 501(b)(1), substituted ``is an Under Secretary 
of Defense for Policy and a Director of Defense Research and 
Engineering'' for ``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 Engineering'' and 
``They shall'' for ``The Under Secretaries of Defense shall''.
    Subsec. (b). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 
amended section identically adding subsec. (b) and striking out former 
subsec. (b) which read as follows: ``The Director of Defense Research 
and Engineering shall perform such duties relating to research and 
engineering as the Secretary of Defense may prescribe, including--
        ``(1) being the principal adviser to the Secretary on scientific 
    and technical matters;
        ``(2) supervising all research and engineering activities in the 
    Department of Defense; and
        ``(3) directing, controlling, assigning, and reassigning 
    research and engineering activities that the Secretary considers 
    need centralized management.''
    Pub. L. 99-433, Sec. 105(2), struck out provisions that the Under 
Secretary of Defense for Policy would perform duties and exercise powers 
as the Secretary of Defense might prescribe.
    Pub. L. 99-348, Sec. 501(b)(2), substituted ``Director of Defense 
Research and Engineering'' for ``Under Secretary of Defense for Research 
and Engineering''.
    Subsec. (c). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 
amended section identically striking out subsec. (c) which read as 
follows: ``The Director of Defense Research and Engineering takes 
precedence in the Department of Defense immediately after the Under 
Secretary of Defense for Policy.''
    Pub. L. 99-433, Sec. 105(2), struck out provisions that the Under 
Secretary of Defense for Policy would take precedence in the Department 
of Defense after Secretary of Defense, the Deputy Secretary of Defense, 
and the Secretaries of the military departments.
    Pub. L. 99-348, Sec. 501(b)(2), substituted ``Director of Defense 
Research and Engineering'' for ``Under Secretary of Defense for Research 
and Engineering''.
    1977--Pub. L. 95-140, Sec. 2(a)(4), substituted ``Under Secretaries 
of Defense'' for ``Director of Defense Research and Engineering'' in 
section catchline.
    Subsec. (a). Pub. L. 95-140, Sec. 2(a)(1), substituted provisions 
relating to the appointment of the Under Secretary of Defense for Policy 
and the Under Secretary of Defense for Research and Engineering for 
provisions relating to the appointment of the Director of Defense 
Research and Engineering and inserted provisions relating to the 
prohibition of the appointment of a person as Under Secretary of Defense 
for policy within ten years after relief from active duty as a 
commissioned officer of an armed force.
    Subsec. (b). Pub. L. 95-140, Sec. 2(a)(2), substituted ``The Under 
Secretary of Defense for Policy shall perform such duties and exercise 
such powers as the Secretary of Defense may prescribe. The Under 
Secretary of Defense for Research and Engineering shall perform'' for 
``The Director performs''.
    Subsec. (c). Pub. L. 95-140, Sec. 2(a)(3), substituted ``Under 
Secretary of Defense for Policy'' for ``Director'' and ``Deputy 
Secretary'' for ``Deputy Secretaries'' and inserted provision that 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.
    1972--Subsec. (c). Pub. L. 92-596 substituted ``Deputy Secretaries'' 
for ``Deputy Secretary''.


                           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.


Redesignation of Position of Under Secretary of Defense for Research and 
           Engineering; Effect on Individual Holding Position

    Section 501(b)(3) of Pub. L. 99-348 provided that: ``The 
redesignation by paragraph (1) [amending this section] of the position 
of Under Secretary of Defense for Research and Engineering as Director 
of Defense Research and Engineering does not affect the appointment to 
such position of the individual holding such position on the date of the 
enactment of this Act [July 1, 1986].''


     Emergency Fund for Research, Development, Test, and Evaluation

    Pub. L. 89-37, title III, Sec. 305, June 11, 1965, 79 Stat. 128, 
which provided that no funds were to be appropriated after June 30, 
1966, to or for the use of any armed force of the United States for use 
as an emergency fund for research, development, test, and evaluation, or 
procurement or production related thereto unless the appropriation of 
such funds has been authorized by legislation enacted after that date, 
was repealed and restated as subsec. (i) of section 138 [now 
Sec. 114(d)] of this title by Pub. L. 97-295, Secs. 1(4), 6(b), Oct. 12, 
1982, 96 Stat. 1289, 1314.
