10 U.S.C. § 136

Under Secretary of Defense for Personnel and Readiness

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(a) There is an Under Secretary of Defense for Personnel and Readiness, 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 seven years after relief from active duty as a commissioned officer of a regular component of an armed force.(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness shall perform such duties and exercise such powers as the Secretary of Defense may prescribe in the areas of military readiness, total force management, military and civilian personnel requirements, military and civilian personnel training, military and civilian family matters, exchange, commissary, and nonappropriated fund activities, personnel requirements for weapons support, National Guard and reserve components, and health affairs.(c) The Under Secretary of Defense for Personnel and Readiness takes precedence in the Department of Defense after the Under Secretary of Defense (Comptroller).(d) The Under Secretary of Defense for Personnel and Readiness is responsible, subject to the authority, direction, and control of the Secretary of Defense, for the monitoring of the operations tempo and personnel tempo of the armed forces. The Under Secretary shall establish, to the extent practicable, uniform standards within the Department of Defense for terminology and policies relating to deployment of units and personnel away from their assigned duty stations (including the length of time units or personnel may be away for such a deployment) and shall establish uniform reporting systems for tracking deployments.(Added Pub. L. 103–160, div. A, title IX, § 903(a), Nov. 30, 1993, 107 Stat. 1727; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(2), Feb. 10, 1996, 110 Stat. 510; Pub. L. 106–65, div. A, title IX, § 923(a), title X, § 1066(a)(1), Oct. 5, 1999, 113 Stat. 724, 770; Pub. L. 115–91, div. A, title IX, § 904(2), Dec. 12, 2017, 131 Stat. 1512; Pub. L. 117–81, div. A, title IX, § 901(f)(2), Dec. 27, 2021, 135 Stat. 1868.)Editorial NotesPrior Provisions

A prior section 136 was renumbered section 138 of this title.

Amendments

2021—Subsec. (a). Pub. L. 117–81 substituted “an armed force” for “the armed forces”.

2017—Subsec. (a). Pub. L. 115–91 inserted at end “A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of the armed forces.”

1999—Subsec. (a). Pub. L. 106–65, § 1066(a)(1), inserted “advice and” after “by and with the”.

Subsec. (d). Pub. L. 106–65, § 923(a), added subsec. (d).

1996—Subsec. (c). Pub. L. 104–106 substituted “Under Secretary of Defense (Comptroller)” for “Comptroller”.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1987–2022 · leading case: Nat. Resources Def. Council, Inc. v. Marsh, 836 F.2d 87 (2d Cir. 1987).

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Nat. Resources Def. Council, Inc. v. Marsh, 836 F.2d 87 (2d Cir. 1987). “506 , 518 (codified as amended at 10 U.S.C. § 136 ). One of the present appointees bears the title of Assistant Secretary of Defense (Manpower, Installations, and Logistics).”

Hunter Doster v. Frank Kendall (6th Cir. 2022). “Immunization Program (July 23, 2019) (authorized by 10 U.S.C. § 136 (b)). While the Supreme Court has told us not to interpret ambiguous laws to permit judicial review of military decisions, we must engage in that review where, as here, Congress “specifically has provided” for…”

Auth. of Military Exchanges to Lease Gen. Purpose Off. Space (OLC 1997). “NEXCOM is a nonappropriated fund instrumentality established under the authority of 10 U.S.C. §136 (1994),4 10 U.S.C. § 3013 (b)(9) (1994) (Secretary of the Navy’s responsibility to provide for the morale and welfare of Navy per sonnel), and DoD Directive 1015.”

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