United States Code

USC most recently checked for updates: Oct 01, 2023

§ 135.
Under Secretary of Defense (Comptroller)
(a)
(1)
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. 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.
(2)
The Under Secretary of Defense (Comptroller) shall be appointed from among persons who have significant budget, financial management, or audit experience in complex organizations.
(b)
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 the duties assigned to the Under Secretary in section 2222 of this title and 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
(5)
in establishing uniform terminologies, classifications, and procedures concerning matters covered by paragraphs (1) through (4).
(d)
In addition to any duties under subsection (c), the Under Secretary of Defense (Comptroller) shall, subject to the authority, direction, and control of the Secretary of Defense, do the following:
(1)
Provide guidance and instruction on annual performance plans and evaluations to the following:
(A)
The Assistant Secretaries of the military departments for financial management.
(B)
(2)
Give directions to the military departments, Defense Agencies, and other organizations and elements of the Department of Defense regarding their financial statements and the audit and audit readiness of such financial statements.
(e)
The Under Secretary of Defense (Comptroller) takes precedence in the Department of Defense after the Under Secretary of Defense for Policy.
(f)
The Under Secretary of Defense (Comptroller) shall ensure that each of the congressional defense committees is informed, in a timely manner, regarding all matters relating to the budgetary, fiscal, and analytic activities of the Department of Defense that are under the supervision of the Under Secretary of Defense (Comptroller).
(Added Pub. L. 99–433, title I, § 107, Oct. 1, 1986, 100 Stat. 998, § 137; renumbered § 135 and amended Pub. L. 103–160, div. A, title IX, §§ 901(a)(2), 902(a)(1), (b), Nov. 30, 1993, 107 Stat. 1726, 1727; Pub. L. 103–337, div. A, title IX, § 903(a)(1), (2), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 104–106, div. A, title XV, § 1502(a)(6), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1043(b)(1), Nov. 24, 2003, 117 Stat. 1610; Pub. L. 111–383, div. A, title IX, § 901(m)(3), Jan. 7, 2011, 124 Stat. 4326; Pub. L. 115–91, div. A, title IX, §§ 904(1), 905(a), 912(b), Dec. 12, 2017, 131 Stat. 1512, 1520; Pub. L. 117–81, div. A, title IX, § 901(f)(1), Dec. 27, 2021, 135 Stat. 1868.)
cite as: 10 USC 135