Pub. L. 111-84, div. A, tit. IX, subtit. A, sec. 906
DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT SECRETARIES OF DEFENSE.
SEC. 906. DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT SECRETARIES OF DEFENSE.(a) Deputy Under Secretaries of Defense.—(1) In general.—Chapter 4 of title 10, United States Code, is amended by adding after section 137 the following new section:“§ 137a. Deputy Under Secretaries of Defense“(a)(1) There are five Deputy Under Secretaries of Defense.“(2)(A) The Deputy Under Secretaries of Defense referred to in paragraphs (1) through (3) of subsection (c) shall be appointed as provided in the applicable paragraph.“(B) The Deputy Under Secretaries of Defense referred to in paragraphs (4) and (5) of subsection (c) shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.“(b) Each Deputy Under Secretary of Defense shall be the first assistant to an Under Secretary of Defense and shall assist such Under Secretary in the performance of the duties of the position of such Under Secretary and shall act for, and exercise the powers of, such Under Secretary when such Under Secretary is absent or disabled.“(c)(1) One of the Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics appointed pursuant to section 133a of this title.“(2) One of the Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Policy appointed pursuant to section 134a of this title.123 STAT. 2426“(3) One of the Deputy Under Secretaries is the Principal Deputy Under Secretary of Defense for Personnel and Readiness appointed pursuant to section 136a of this title.“(4) One of the Deputy Under Secretaries shall be the Principal Deputy Under Secretary of Defense (Comptroller).“(5) One of the Deputy Under Secretaries shall be the Principal Deputy Under Secretary of Defense for Intelligence.“(d) The Deputy Under Secretaries of Defense take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, the Under Secretaries of Defense, and the Deputy Chief Management Officer of the Department of Defense.” .(2) Delayed limitation on number of deputy under secretaries of defense.—Effective as of January 1, 2011, the five Deputy Under Secretaries of Defense authorized by section 137a of title 10, United States Code (as added by paragraph (1)), shall be the only Deputy Under Secretaries of Defense.(3) Report on revised organizational structure for osd.—Not later than March 15, 2010, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a plan for the realignment of the organizational structure of the Office of the Secretary of Defense to comply with the requirement in paragraph (2).(b) Assistant Secretaries of Defense.—(1) Redesignation of deputy under secretary for logistics and materiel readiness as assistant secretary.—Chapter 4 of such title is further amended—(A) by transferring section 133b to appear after section 138 and redesignating such section, as so transferred, as section 138a; and(B) in such section, as so transferred and redesignated, by striking “Deputy Under Secretary” each place it appears and inserting “Assistant Secretary”.(2) Additional assistant secretaries.—Section 138 of such title is amended—(A) by striking subsection (a) and inserting the following new subsection (a):“(a)(1) There are 12 Assistant Secretaries of Defense.“(2)(A) The Assistant Secretary of Defense referred to in subsection (b)(7) shall be appointed as provided in that subsection.“(B) The other Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.”; and(B) in subsection (b), by adding the following new paragraphs:“(6) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Acquisition. The Assistant Secretary of Defense for Acquisition is the principal adviser to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to acquisition.“(7) One of the Assistant Secretaries is the Assistant Secretary of Defense for Logistics and Materiel Readiness appointed pursuant to section 138a of this title. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense 123 STAT. 2427 for Logistics and Materiel Readiness shall have the duties specified in section 138a of this title.”.(c) Conforming and Clerical Amendments.—(1) Conforming amendments.—(A) Section 133a of such title is amended—(i) by striking “Deputy Under Secretary of Defense for Acquisition and Technology” each place it appears and inserting “Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics”; and(ii) by striking “duties relating to acquisition and technology” and inserting “duties”.(B) Section 134a of such title is amended by striking “Deputy Under Secretary” each place it appears and inserting “Principal Deputy Under Secretary”.(C) Section 136a of such title is amended by striking “Deputy Under Secretary” each place it appears and inserting “Principal Deputy Under Secretary”.(2) Section heading amendments.—(A) The heading of section 133a of such title is amended to read as follows:“§ 133a. Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics” .(B) The heading of section 134a of such title is amended to read as follows:“§ 134a. Principal Deputy Under Secretary of Defense for Policy” .(C) The heading of section 136a of such title is amended to read as follows:“§ 136a. Principal Deputy Under Secretary of Defense for Personnel and Readiness” .(D) The heading of section 138a of such title, as transferred and redesignated by subsection (b)(1) of this section, is amended to read as follows:“§ 138a. Assistant Secretary of Defense for Logistics and Materiel Readiness” .(3) Clerical amendments.—The table of sections at the beginning of chapter 4 of such title is amended—(A) by striking the item relating to section 133a and inserting the following new item: “133a. Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.”; (B) by striking the item relating to section 134a and inserting the following new item: “134a. Principal Deputy Under Secretary of Defense for Policy.”; (C) by striking the item relating to section 136a and inserting the following new item: “136a. Principal Deputy Under Secretary of Defense for Personnel and Readiness.”; 123 STAT. 2428(D) by inserting after the item relating to section 137 the following new item: “137a. Deputy Under Secretaries of Defense.”; and (E) by inserting after the item relating to section 138 the following new item: “138a. Assistant Secretary of Defense for Logistics and Materiel Readiness.”. (d) Executive Schedule Matters.—(1) Level iii.—Section 5314 of title 5, United States Code, is amended by striking the item relating to the Deputy Under Secretary of Defense for Acquisition and Technology and inserting the following new item: “Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.”.(2) Level iv.—Section 5315 of such title is amended—(A) by striking the item relating to the Assistant Secretaries of Defense and inserting the following new item: “Assistant Secretaries of Defense (12).”; and(B) by striking the items relating to the Deputy Under Secretary of Defense for Policy, the Deputy Under Secretary of Defense for Personnel and Readiness, and the Deputy Under Secretary of Defense for Logistics and Materiel Readiness and inserting the following new items: “Principal Deputy Under Secretary of Defense for Policy. “Principal Deputy Under Secretary of Defense for Personnel and Readiness. “Principal Deputy Under Secretary of Defense (Comptroller). “Principal Deputy Under Secretary of Defense for Intelligence.”.(e) Inapplicability of Appointment Requirements to Certain Individuals Serving on Date of Enactment.—(1) In general.—Notwithstanding the amendments made by this section, the individual serving in a position specified in paragraph (2) on the day before the date of the enactment of this Act may continue to serve in such position without the requirement for appointment by the President, by and with the advice and consent of the Senate, for a period of up to four years after the date of the enactment of this Act.(2) Covered positions.—The positions specified in this paragraph are the following:(A) The Principal Deputy Under Secretary of Defense (Comptroller).(B) The Principal Deputy Under Secretary of Defense for Intelligence.