US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 137a

Deputy Under Secretaries of Defense

(a)
(1)
There are six Deputy Under Secretaries of Defense.
(2)
The Deputy Under Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
(3)
The officials authorized under this section shall be the only Deputy Under Secretaries of Defense.
(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 dies, resigns, or is otherwise unable to perform the functions and duties of the office.
(c)
(1)
One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Research and Engineering.
(2)
One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Acquisition and Sustainment.
(3)
One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Policy.
(4)
One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Personnel and Readiness.
(5)
One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense (Comptroller).
(6)
One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Intelligence and Security, who shall be appointed from among persons who have extensive expertise in intelligence matters.
(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, and the Under Secretaries of Defense. The Deputy Under Secretaries shall take precedence among themselves in the order prescribed by the Secretary of Defense.

Pub. L. 111–84, div. A, title IX, § 906(a)(1)123 Stat. 2425Pub. L. 111–383, div. A, title IX, § 901(b)(3)124 Stat. 4318Pub. L. 113–291, div. A, title IX, § 901(i)(1)128 Stat. 3467Pub. L. 115–91, div. A, title IX, § 906(a)131 Stat. 1513Pub. L. 115–232, div. A, title X, § 1081(f)(1)(C)132 Stat. 1986Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(B)133 Stat. 1733Pub. L. 118–31, div. A, title IX, § 901(a)(3)137 Stat. 354(Added , , ; amended , (k)(1)(A), , , 4325; , (j)(2)(C), (k)(3), , , 3468; –(c), (f)(1), title X, § 1081(b)(1)(A), , , 1514, 1597; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 118–312023—Subsec. (d). struck out “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”.

Pub. L. 116–922019—Subsec. (c)(6). substituted “Deputy Under Secretary of Defense for Intelligence and Security” for “Deputy Under Secretary of Defense for Intelligence”.

Pub. L. 115–2322018—Subsec. (d). substituted “the Chief Management Officer of the Department of Defense, the Secretaries of the military departments, and the Under Secretaries of Defense” for “the Secretaries of the military departments, the Under Secretaries of Defense, and the Deputy Chief Management Officer of the Department of Defense”.

Pub. L. 115–91, § 906(f)(1)2017—, amended section catchline generally, substituting “Deputy Under Secretaries of Defense” for “Principal Deputy Under Secretaries of Defense”.

Pub. L. 115–91, § 906(b)Subsec. (a)(1). , substituted “six” for “five”.

Pub. L. 115–91, § 906(a), struck out “Principal” before “Deputy Under”.

Pub. L. 115–91, § 906(a)Subsec. (a)(2). , struck out “Principal” before “Deputy Under”.

Pub. L. 115–91, § 906(a)Subsec. (b). , struck out “Principal” before “Deputy Under”.

Pub. L. 115–91, § 906(c)Subsec. (c). , added pars. (1) and (2), redesignated former pars. (2) to (5) as (3) to (6), respectively, and struck out former par. (1) which read as follows: “One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.”

Pub. L. 115–91, § 906(a), struck out “Principal” before “Deputy Under” wherever appearing.

Pub. L. 115–91, § 1081(b)(1)(A)Pub. L. 113–291, § 901(j)(2)(C)Subsec. (d). , repealed . See 2014 Amendment note below.

Pub. L. 115–91, § 906(a), struck out “Principal” before “Deputy Under” in two places.

Pub. L. 113–291, § 901(i)(1)2014—Subsec. (a)(3). , added par. (3).

Pub. L. 113–291, § 901(k)(3)Subsec. (b). , substituted “dies, resigns, or is otherwise unable to perform the functions and duties of the office” for “is absent or disabled”.

Pub. L. 113–291, § 901(j)(2)(C)Pub. L. 115–91, § 1081(b)(1)(A)Subsec. (d). , which directed substitution of “and the Under Secretaries of Defense.” for “the military departments, the Under Secretaries of Defense, and the Deputy Chief Management Officer of the Department of Defense.”, was repealed by .

Pub. L. 111–383, § 901(k)(1)(A)2011—, substituted “Principal Deputy Under Secretaries of Defense” for “Deputy Under Secretaries of Defense” in section catchline.

Pub. L. 111–383, § 901(b)(3)(A)Subsec. (a)(1). , substituted “Principal Deputy Under” for “Deputy Under”.

Pub. L. 111–383, § 901(b)(3)(B)Subsec. (a)(2). , struck out subpar. (A) and subpar. (B) designation and substituted “The Principal Deputy Under Secretaries of Defense” for “The Deputy Under Secretaries of Defense referred to in paragraphs (4) and (5) of subsection (c)”. Prior to amendment, subpar. (A) read as follows: “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.”

Pub. L. 111–383, § 901(b)(3)(A)Subsec. (b). , substituted “Principal Deputy Under” for “Deputy Under”.

Pub. L. 111–383, § 901(b)(3)(C)(i)section 133a of this titleSubsec. (c)(1). , (ii), substituted “One of the Principal Deputy” for “One of the Deputy” and struck out “appointed pursuant to ” after “Logistics”.

Pub. L. 111–383, § 901(b)(3)(C)(i)section 134a of this titleSubsec. (c)(2). , (ii), substituted “One of the Principal Deputy” for “One of the Deputy” and struck out “appointed pursuant to ” after “Policy”.

Pub. L. 111–383, § 901(b)(3)(C)(i)section 136a of this titleSubsec. (c)(3). , (ii), substituted “One of the Principal Deputy” for “One of the Deputy” and struck out “appointed pursuant to ” after “Readiness”.

Pub. L. 111–383, § 901(b)(3)(C)(i)Subsec. (c)(4). , (iii), substituted “One of the Principal Deputy Under Secretaries is” for “One of the Deputy Under Secretaries shall be”.

Pub. L. 111–383, § 901(b)(3)(C)(i)Subsec. (c)(5). , (iii), (iv), substituted “One of the Principal Deputy Under Secretaries is” for “One of the Deputy Under Secretaries shall be” and inserted before period at end “, who shall be appointed from among persons who have extensive expertise in intelligence matters”.

Pub. L. 111–383, § 901(b)(3)(A)Subsec. (d). , (D), substituted “Principal Deputy Under” for “Deputy Under” and inserted at end “The Principal Deputy Under Secretaries shall take precedence among themselves in the order prescribed by the Secretary of Defense.”

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title IX, § 906(c)131 Stat. 1513, , , provided that the amendment made by section 906(c) is effective on .

Pub. L. 115–91, div. A, title X, § 1081(b)131 Stat. 1597, , , provided that the amendment made by section 1081(b)(1)(A) is effective as of .

Effective Date of 2014 Amendment

Pub. L. 113–291, div. A, title IX, § 901(i)(1)128 Stat. 3467, , , provided that the amendment made by section 901(i)(1) is effective .

Pub. L. 113–291, div. A, title IX, § 901(j)(2)128 Stat. 3467section 901(a)(1) of Pub. L. 113–291Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A)131 Stat. 1597, , , which provided that the amendment made by section 901(j)(2)(C) is effective on the effective date specified in former , which was , was repealed by , , .

Effective Date of 2011 Amendment

Pub. L. 111–383section 901(p) of Pub. L. 111–383section 131 of this titleAmendment by effective , see , set out as a note under .

Savings Provisions

Pub. L. 111–84, div. A, title IX, § 906(e)123 Stat. 2428

“(1)

In general .—

Notwithstanding the amendments made by this section [enacting this section and amending sections 133a, 134a, 136a, 138, and former 138a of this title and sections 5314 and 5315 of Title 5, Government Organization and Employees], 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.”
, , , provided that:

Temporary Authority for Additional DUSDS

Pub. L. 111–383, div. A, title IX, § 901(i)(2)124 Stat. 4323

section 137a of title 10“During the period beginning on the date of the enactment of this Act [] and ending on , the Secretary of Defense may, in the Secretary’s discretion, appoint not more than five Deputy Under Secretaries of Defense in addition to the five Principal Deputy Under Secretaries of Defense authorized by , United States Code (as amended by subsection (b)(3)).”
, , , provided that:

Delayed Limitation on Number of Deputy Under Secretaries of Defense

Pub. L. 111–84, div. A, title IX, § 906(a)(2)123 Stat. 2426Pub. L. 111–383, div. A, title IX, § 901(i)(1)124 Stat. 4323section 137a of title 10Pub. L. 113–291, div. A, title IX, § 901(i)(2)128 Stat. 3467, , , as amended by , , , which provided that, effective , the five Deputy Under Secretaries of Defense authorized by would be the only Deputy Under Secretaries of Defense, was repealed by , , .

Pub. L. 113–291, div. A, title IX, § 901(i)(2)128 Stat. 3467section 906(a)(2) of Pub. L. 111–84section 901(i)(1) of Pub. L. 113–291[, , , provided that section 901(i)(2), which repealed , formerly set out above, is effective on the effective date specified in , which is .]