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10 U.S.C. § 132 — Deputy Secretary of Defense

submitted 64 years ago by Pub. L. 87-651 to r/title-10-ARMED-FORCES · 351 words · no verdicts yet

in plain englishAI-generated · not legal advice

There is a Deputy Secretary of Defense, appointed by the President and confirmed by the Senate. The Deputy performs duties the Secretary assigns and ranks right after the Secretary. If the Secretary can't serve, the Deputy takes over the Secretary's powers and duties.

(a) Appointment. There is a Deputy Secretary of Defense. The President appoints this person from civilian life, with the Senate's advice and consent. The Deputy Secretary must be chosen from among people who are most highly qualified for the job because of their background and experience, including management experience. A person can't be appointed Deputy Secretary of Defense within seven years after leaving active duty as a commissioned officer of a regular armed-forces component. (b) Duties and acting authority. (1) The Deputy Secretary performs whatever duties and exercises whatever powers the Secretary of Defense assigns. (2)(A) The Deputy Secretary acts for the Secretary, and exercises the Secretary's powers, whenever the Secretary dies, resigns, or otherwise can't perform the job's functions and duties. (B) If the Secretary becomes unable to serve this way, the Deputy Secretary — or whoever else is legally handling those functions and duties — must notify certain congressional leaders and committees of the transfer of power. That notice must go out no later than 24 hours before a planned transfer, or 24 hours after an unplanned one. The notice goes to: (i) the Senate Armed Services Committee, the Senate Appropriations Committee, and the Senate's majority and minority leaders; and (ii) the House Armed Services Committee, the House Appropriations Committee, the Speaker of the House, and the House minority leader. (c) Precedence. In the Department of Defense, the Deputy Secretary ranks immediately after the Secretary. (d) Guam duties, until September 30, 2020. Until September 30, 2020, the Deputy Secretary of Defense had to lead the Guam Oversight Council. The Deputy Secretary was also the Department's main representative for coordinating interagency work on Guam matters, including two specific executive orders: (1) Executive Order No. 13299 of May 12, 2003, about the Interagency Group on Insular Affairs; and (2) Executive Order No. 12788 of January 15, 1992, as amended, about the Defense Economic Adjustment Program.
the actual law source: uscode.house.gov ↗public domain
(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. The Deputy Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management experience. A person may not be appointed as Deputy Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.

(b)
(1)

The Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.

(2)
(A)

The Deputy Secretary shall act for, and exercise the powers of, the Secretary when the Secretary dies, resigns, or is otherwise unable to perform the functions and duties of the office.

(B)

If the Secretary is unable to perform the functions and duties of the office as described in subparagraph (A), the Deputy Secretary, or any other individual performing such functions and duties in accordance with applicable law, shall, not later than 24 hours before any planned transfer of such functions and duties or 24 hours after any unplanned transfer of such functions and duties, notify the following of the transfer:

(i)

The Committee on Armed Services, the Committee on Appropriations, and the majority and minority leaders of the Senate.

(ii)

The Committee on Armed Services, the Committee on Appropriations, the Speaker, and the minority leader of the House of Representatives.

(c)

The Deputy Secretary takes precedence in the Department of Defense immediately after the Secretary.

(d)

Until September 30, 2020, the Deputy Secretary of Defense shall lead the Guam Oversight Council and shall be the Department of Defense’s principal representative for coordinating the interagency efforts in matters relating to Guam, including the following executive orders:

(1)

Executive Order No. 13299 of May 12, 2003 (68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451; relating to the Interagency Group on Insular Affairs).

(2)

Executive Order No. 12788 of January 15, 1992, as amended (57 Fed. Reg. 2213; relating to the Defense Economic Adjustment Program).

Source credit: (Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 518, § 134; amended Pub. L. 92–596, § 4(1), Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95–140, § 1(a), Oct. 21, 1977, 91 Stat. 1172; renumbered § 132 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(d)(7), Oct. 1, 1986, 100 Stat. 995, 1003; Pub. L. 110–181, div. A, title IX, §§ 903(b), 904(a)(1), Jan. 28, 2008, 122 Stat. 273; Pub. L. 111–84, div. B, title XXVIII, § 2831(a), Oct. 28, 2009, 123 Stat. 2669; Pub. L. 111–383, div. A, title IX, § 901(c)(2), (m)(2), title X, § 1075(b)(4), div. B, title XXVIII, § 2821, Jan. 7, 2011, 124 Stat. 4321, 4326, 4369, 4465; Pub. L. 112–81, div. A, title IX, § 902, Dec. 31, 2011, 125 Stat. 1532; Pub. L. 113–291, div. A, title IX, § 901(k)(2), Dec. 19, 2014, 128 Stat. 3468; Pub. L. 114–328, div. A, title IX, § 901(c)(4), Dec. 23, 2016, 130 Stat. 2341; Pub. L. 115–91, div. A, title IX, § 910(b), Dec. 12, 2017, 131 Stat. 1517; Pub. L. 116–92, div. A, title XVII, § 1731(a)(8), Dec. 20, 2019, 133 Stat. 1812; Pub. L. 118–159, div. A, title IX, § 901, Dec. 23, 2024, 138 Stat. 2024.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-651 · 76 Stat. 518
  • 1972Amended · Pub. L. 92-596 · 86 Stat. 1318
  • 1977Amended · Pub. L. 95-140 · 91 Stat. 1172
  • 1986Amended · Pub. L. 99-433 · 100 Stat. 995, 1003
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 273
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2669
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4321, 4326, 4369, 4465
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1532
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3468
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2341
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1517
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1812
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 2024

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-651 on 1962-09-07.

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