(7) The term "inactive-duty training" means (A) duty prescribed for Reserves by the Secretary concerned under section 206 of title 37 or any other provision of law; and (B) special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned. Such term includes those duties when performed by Reserves (1) “shall" is used in an imperative sense; (2) "may" is used in a permissive sense; (3) "no person may **** means that no person is required, authorized, or permitted to do the act prescribed; (4) "includes" means "includes but is not limited to"; and (5) "spouse" means husband or wife, as the case may be. (f) REFERENCE TO TITLE 1 DEFINITIONS.-For other definitions applicable to this title, see sections 1 through 5 of title 1. (Amended in its entirety P.L. 102-484, § 1051(a), Oct. 23, 1992, 106 Stat. 2494; amended P.L. 103-337, 88514, 1621, 1671(c)(1), 108 Stat. 2753, 2960, 3014.) CHAPTER 4-OFFICE OF THE SECRETARY OF DEFENSE Sec. 131. 132. 133. 133a. 134. 134a. 135. 136. 137. 138. 139. 140. 141. 142. Office of the Secretary of Defense. Deputy Secretary of Defense. Under Secretary of Defense for Acquisition and Technology. Deputy Under Secretary of Defense for Acquisition and Technology. Deputy Under Secretary of Defense for Policy. Under Secretary of Defense (Comptroller). Under Secretary of Defense for Personnel and Readiness. Assistant Secretaries of Defense. Director of Operational Test and Evaluation. General Counsel. Inspector General. Assistant to the Secretary of Defense for Atomic Energy. § 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 his 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) The Under Secretary of Defense for Acquisition and Technology. (3) The Under Secretary of Defense for Policy. (4) The Under Secretary of Defense (Comptroller). (5) The Under Secretary of Defense for Personnel and Readiness. (6) The Director of Defense Research and Engineering. (8) The Director of Operational Test and Evaluation. (9) The General Counsel of the Department of Defense. (10) The Inspector General of the Department of Defense. (11) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office. (c) Officers of the armed forces may be assigned or detailed to permanent duty in the Office of the Secretary of Defense. However, the Secretary may not establish a military staff in the Office of the Secretary of Defense. (d) The Secretary of each military department, and the civilian employees and members of the armed forces under the jurisdiction of the Secretary, shall cooperate fully with personnel of the Office of the Secretary of Defense to achieve efficient administration of the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense. (Added P.L. 99-433, 104, Oct. 1, 1986, 100 Stat. 996 [former § 131 transferred to §111), and amended P.L. 103-160, § 906(a), Nov. 30, 1993, 107 Stat. 1729; P.L. 103-337, §903(b)(1), Oct. 5, 1994, 108 Stat. 2823.) §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 as 134 by P.L. 87-651, 202, Sept. 7, 1962, 76 Stat. 518, and amended P.L. 92–596, 84(1), Oct. 27, 1972, 86 Stat. 1318; P.L. 95-140, 1(a), Oct. 21, 1977, 91 Stat. 1172; redesignated 132 and amended P.L. 99-433, §§ 101(a)(7), 110(d)(7), Oct. 1, 1986, 100 Stat. 995, 1003 (former $132 transferred to § 112].) § 133. Under Secretary of Defense for Acquisition and Technology (a) There is an Under Secretary of Defense for Acquisition and Technology, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive management background in the private sector. (b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Technology shall perform such duties and exercise such powers relating to acquisition as the Secretary of Defense may prescribe, including (1) supervising Department of Defense acquisition; (2) establishing policies for acquisition (including procurement, research and development, logistics, developmental testing, and contract administration) for all elements of the Department of Defense; (3) establishing policies of the Department of Defense for maintenance of the defense industrial base of the United States; and (4) the authority to direct the Secretaries of the military departments and the heads of all other elements of the Department of Defense with regard to matters for which the Under Secretary has responsibility. (c) The Under Secretary (1) is the senior procurement executive for the Department of Defense for the purposes of section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)); (2) is the Defense Acquisition Executive for purposes of regulations and procedures of the Department providing for a Defense Acquisition Executive; and (3) to the extent directed by the Secretary, exercises overall supervision of all personnel (civilian and military) in the Office of the Secretary of Defense with regard to matters for which the Under Secretary has responsibility, unless otherwise provided by law. (d)(1) The Under Secretary shall prescribe policies to ensure that audit and oversight of contractor activities are coordinated and carried out in a manner to prevent duplication by different elements of the Department. Such policies shall provide for coordination of the annual plans developed by each such element for the conduct of audit and oversight functions within each contracting activity. (2) In carrying out this subsection, the Under Secretary shall consult with the Inspector General of the Department of Defense. (3) Nothing in this subsection shall affect the authority of the Inspector General of the Department of Defense to establish audit policy for the Department of Defense under the Inspector General Act of 1978 and otherwise to carry out the functions of the Inspector General under that Act. (e)(1) With regard to all matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Technology takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense. (2) With regard to all matters other than matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, and the Secretaries of the military departments. (Added as §134a by P.L. 99-348, §501, July 1, 1986, 100 Stat. 707; redesignated § 133, and amended P.L. 99-433, §§ 101(a)7), 110 (cX1), (dX8), 100 Stat. 995, 1002, 1003 (former § 133 transferred to § 113]; revised in entirety by identical amendments P.L. 99-500, 99-591, 99-661, § 101(c) [§ 901], § 101(c) [§ 9011, § 901, Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-130, 3341130, 3910; amended P.L. 100-456, §809(d), Sept. 29, 1988, 102 Stat. 2013; P.L. 103-160, § 904(b), Nov. 30, 1993, 107 Stat. 1728.) § 133a. Deputy Under Secretary of Defense for Acquisition and Technology (a) There is a Deputy Under Secretary of Defense for Acquisition and Technology, appointed from civilian life by the President, by and with the advice and consent of the Senate. (b) The Deputy Under Secretary of Defense for Acquisition and Technology shall assist the Under Secretary of Defense for Acquisition and Technology in the performance of his duties. The Deputy Under Secretary shall act for, and exercise the powers of, the Under Secretary when the Under Secretary is absent or disabled. (Added by identical amendments P.L. 99-500, 99-591, 99-661, §101(c) [§ 902(a)], $101(c) [§ 902(a)], § 902(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-131, 3341-131, 3910 [former 8133a transferred to § 1171, and amended P.L. 103-160, § 904(c), Nov. 30, 1993, 107 Stat. 1728; P.L. 103-337, § 1070(a)(2), Oct. 5, 1994, 108 Stat. 2855.) § 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. (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 Technology, and the Secretaries of the military departments. (Formerly part of § 135, which was as designated in part as § 134 and amended identically by P.L. 99-433, § 105(1), Oct. 1, 1986, 100 Stat. 997; amended P.L. 99-500, 99-591, 99-661, § 101(c) [§ 903(a)], § 101(c) [§ 903(a)], § 903(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-132, 3341132, 3911 [former § 134 transferred to § 132); P.L. 103-160, § 904(dX1), Nov. 30, 1993, 107 Stat. 1728.) § 134a. Deputy Under Secretary of Defense for Policy (a) There is a Deputy Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice and consent of the Senate. (b) The Deputy Under Secretary of Defense for Policy shall assist the Under Secretary of Defense for Policy in the performance of his duties. The Deputy Under Secretary of Defense for Policy shall act for, and exercise the powers of, the Under Secretary when the Under Secretary is absent or disabled. (Added P.L. 102–190, § 901(a), Dec. 5, 1991, 105 Stat. 1450.) § 135. Under Secretary of Defense (Comptroller) (a) There is an Under Secretary of Defense (Comptroller), appointed from civilian life by the President, by and with the advice and consent of the Senate. (b) 1 The Under Secretary of Defense (Comptroller) is the agency Chief Financial Officer of the Department of Defense for the purposes of chapter 9 of title 31. The Under Secretary of Defense (Comptroller) shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe. (c) The Under Secretary of Defense (Comptroller) 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 preparation of budget estimates of the Department of Defense; (3) in establishing and supervising the execution of principles, policies, and procedures to be followed in connection with organizational and administrative matters relating to (A) the preparation and execution of budgets; (B) fiscal, cost, operating, and capital property accounting; and (C) progress and statistical reporting; (4) in establishing and supervising the execution of policies and procedures relating to the expenditure and collection of funds administered by the Department of Defense; and 1 On Jan. 8, 1991, the President designated the Comptroller of the Department of Defense to be the Chief Financial Officer of the Department of Defense, pursuant to the provisions of the Chief Financial Officers Act of 1990 (P.L. 101-576). |