10 U.S.C. § 130i — Protection of certain facilities and assets

Page 171 TITLE 10—ARMED FORCES § 130i designated foreign nationals, their facilities, and their property under any of the bases in domestic or international law in the circumstances enumerated in paragraph (1), and the conditions under which any such Rules of Engagement would be modified. ‘‘(6) A description of the process through which pol- icy guidance pertaining to the authorization for, and the provision by members of the United States Armed Forces of, collective self-defense to designated for- eign nationals, their facilities, and their property is to be disseminated to the level of tactical execution. ‘‘(7) Such other matters as the Secretary considers appropriate. ‘‘(c) REPORT ON POLICY.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Ap- propriations of the Senate and the House of Rep- resentatives] a report setting forth the policy re- quired by subsection (a). ‘‘(2) DOD GENERAL COUNSEL STATEMENT.—The Sec- retary shall include in the report under paragraph (1) a statement by the General Counsel of the Depart- ment of Defense as to whether the policy prescribed pursuant to subsection (a) is consistent with domes- tic and international law. ‘‘(3) FORM.—The report required by paragraph (1) may be submitted in classified form. ‘‘(d) BRIEFING ON POLICY.—Not later than 30 days after the date of the submittal of the report required by subsection (c), the Secretary shall provide the congres- sional defense committees a classified briefing on the policy prescribed pursuant to subsection (a). The brief- ing shall make use of vignettes designated to illustrate real world application of the policy in each [of] the cir- cumstances enumerated in subsection (b)(1).’’ DEADLINE FOR SUBMITTAL OF PROCEDURES Pub. L. 113–66, div. A, title X, § 1041(c), Dec. 26, 2013, 127 Stat. 857, provided that: ‘‘The Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the pro- cedures required under section 130f(b) of title 10, United States Code, as added by subsection (a), by not later than 60 days after the date of the enactment of this Act [Dec. 26, 2013].’’ [§ 130g. Renumbered § 394] [§ 130h. Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199] Section, added Pub. L. 114–92, div. A, title XVI, § 1671(a)(1), Nov. 25, 2015, 129 Stat. 1129; amended Pub. L. 114–328, div. A, title X, § 1081(a)(1), title XVI, § 1682(a)(1), (b), Dec. 23, 2016, 130 Stat. 2417, 2623, 2624; Pub. L. 115–232, div. A, title XVI, § 1678, Aug. 13, 2018, 132 Stat. 2161; Pub. L. 116–283, div. A, title XVI, § 1642, Jan. 1, 2021, 134 Stat. 4062; Pub. L. 117–263, div. A, title XVI, § 1653, Dec. 23, 2022, 136 Stat. 2949, prohibited the De- partment of Defense from using appropriated funds to provide the Russian Federation with ‘‘hit-to-kill’’ tech- nology and telemetry data for missile defense intercep- tors or target vehicles and other sensitive missile de- fense information. See section 5551 of this title. § 130i. Protection of certain facilities and assets from unmanned aircraft (a) AUTHORITY.—Notwithstanding section 46502 of title 49, or any provision of title 18, the Sec- retary of Defense may take, and may authorize members of the armed forces and officers and ci- vilian employees of the Department of Defense with assigned duties that include safety, secu- rity, or protection of personnel, facilities, or as- sets, to take, such actions described in sub- section (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Defense, in consultation with the Secretary of Transpor- tation) that an unmanned aircraft system or un- manned aircraft poses to the safety or security of a covered facility or asset. (b) ACTIONS DESCRIBED.—(1) The actions de- scribed in this paragraph are the following: (A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned air- craft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned air- craft. (B) Warn the operator of the unmanned air- craft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electro- magnetic means. (C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by inter- cepting, interfering, or causing interference with wire, oral, electronic, or radio commu- nications used to control the unmanned air- craft system or unmanned aircraft. (D) Seize or exercise control of the un- manned aircraft system or unmanned aircraft. (E) Seize or otherwise confiscate the un- manned aircraft system or unmanned aircraft. (F) Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. (2) The Secretary of Defense shall develop the actions described in paragraph (1) in coordina- tion with the Secretary of Transportation. (c) FORFEITURE.—Any unmanned aircraft sys- tem or unmanned aircraft described in sub- section (a) that is seized by the Secretary of De- fense is subject to forfeiture to the United States. (d) REGULATIONS AND GUIDANCE.—(1) The Sec- retary of Defense and the Secretary of Transpor- tation may prescribe regulations and shall issue guidance in the respective areas of each Sec- retary to carry out this section. (2)(A) The Secretary of Defense and the Sec- retary of Transportation shall coordinate in the development of guidance under paragraph (1). (B) The Secretary of Defense shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Adminis- tration before issuing any guidance or otherwise implementing this section if such guidance or implementation might affect aviation safety, ci- vilian aviation and aerospace operations, air- craft airworthiness, or the use of airspace. (e) PRIVACY PROTECTION.—The regulations pre- scribed or guidance issued under subsection (d) shall ensure that— (1) the interception or acquisition of, or ac- cess to, communications to or from an un- manned aircraft system under this section is conducted in a manner consistent with the fourth amendment to the Constitution and ap- plicable provisions of Federal law; (2) communications to or from an unmanned aircraft system are intercepted, acquired, or Page 172 TITLE 10—ARMED FORCES § 130i accessed only to the extent necessary to sup- port a function of the Department of Defense; (3) records of such communications are not maintained for more than 180 days unless the Secretary of Defense determines that mainte- nance of such records— (A) is necessary to support one or more functions of the Department of Defense; or (B) is required for a longer period to sup- port a civilian law enforcement agency or by any other applicable law or regulation; and (4) such communications are not disclosed outside the Department of Defense unless the disclosure— (A) would fulfill a function of the Depart- ment of Defense; (B) would support a civilian law enforce- ment agency or the enforcement activities of a regulatory agency of the Federal Gov- ernment in connection with a criminal or civil investigation of, or any regulatory ac- tion with regard to, an action described in subsection (b)(1); or (C) is otherwise required by law or regula- tion. (f) BUDGET.—The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for each fiscal year after fiscal year 2018, a consolidated funding display that identifies the funding source for the actions de- scribed in subsection (b)(1) within the Depart- ment of Defense. The funding display shall be in unclassified form, but may contain a classified annex. (g) SEMIANNUAL BRIEFINGS.—(1) On a semi- annual basis during the five-year period begin- ning March 1, 2018, the Secretary of Defense and the Secretary of Transportation, shall jointly provide a briefing to the appropriate congres- sional committees on the activities carried out pursuant to this section. Such briefings shall in- clude— (A) policies, programs, and procedures to mitigate or eliminate impacts of such activi- ties to the National Airspace System; (B) a description of instances where actions described in subsection (b)(1) have been taken; (C) how the Secretaries have informed the public as to the possible use of authorities under this section; and (D) how the Secretaries have engaged with Federal, State, and local law enforcement agencies to implement and use such authori- ties. (2) Each briefing under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified briefing. (h) RULE OF CONSTRUCTION.—Nothing in this section may be construed to— (1) vest in the Secretary of Defense any au- thority of the Secretary of Transportation or the Administrator of the Federal Aviation Ad- ministration under title 49; and (2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Defense under this title. (i) PARTIAL TERMINATION.—(1) Except as pro- vided by paragraph (2), the authority to carry out this section with respect to the covered fa- cilities or assets specified in clauses (iv) through (viii) of subsection (j)(3)(C) shall terminate on December 31, 2026. (2) The President may extend by 180 days the termination date specified in paragraph (1) if be- fore November 15, 2026, the President certifies to Congress that such extension is in the national security interests of the United States. (j) DEFINITIONS.—In this section: (1) The term ‘‘appropriate congressional committees’’ means— (A) the congressional defense committees; (B) the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Commerce, Science, and Transportation of the Senate; and (C) the Permanent Select Committee on Intelligence, the Committee on the Judici- ary, and the Committee on Transportation and Infrastructure of the House of Rep- resentatives. (2) The term ‘‘budget’’, with respect to a fis- cal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31. (3) The term ‘‘covered facility or asset’’ means any facility or asset that— (A) is identified by the Secretary of De- fense, in consultation with the Secretary of Transportation with respect to potentially impacted airspace, through a risk-based as- sessment for purposes of this section; (B) is located in the United States (includ- ing the territories and possessions of the United States); and (C) directly relates to the missions of the Department of Defense pertaining to— (i) nuclear deterrence, including with re- spect to nuclear command and control, in- tegrated tactical warning and attack as- sessment, and continuity of government; (ii) missile defense; (iii) national security space; (iv) assistance in protecting the Presi- dent or the Vice President (or other officer immediately next in order of succession to the office of the President) pursuant to the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note); (v) air defense of the United States, in- cluding air sovereignty, ground-based air defense, and the National Capital Region integrated air defense system; (vi) combat support agencies (as defined in paragraphs (1) through (4) of section 193(f) of this title); (vii) special operations activities speci- fied in paragraphs (1) through (9) of section 167(k) of this title; (viii) production, storage, transpor- tation, or decommissioning of high-yield explosive munitions, by the Department; or (ix) a Major Range and Test Facility Base (as defined in section 4173 of this title). (4) The term ‘‘defense budget materials’’, with respect to a fiscal year, means the mate- rials submitted to Congress by the Secretary Page 173 TITLE 10—ARMED FORCES § 130i of Defense in support of the budget for that fiscal year. (5) The terms ‘‘electronic communication’’, ‘‘intercept’’, ‘‘oral communication’’, and ‘‘wire communication’’ have the meanings given those terms in section 2510 of title 18. (6) The terms ‘‘unmanned aircraft’’ and ‘‘un- manned aircraft system’’ have the meanings given those terms in section 44801 of title 49. (Added Pub. L. 114–328, div. A, title XVI, § 1697(a), Dec. 23, 2016, 130 Stat. 2639; amended Pub. L. 115–91, div. A, title XVI, § 1692, Dec. 12, 2017, 131 Stat. 1788; Pub. L. 116–92, div. A, title XVI, § 1694, title XVII, § 1731(a)(6), Dec. 20, 2019, 133 Stat. 1791, 1812; Pub. L. 116–283, div. A, title X, § 1081(a)(8), title XVIII, § 1845(c)(4), Jan. 1, 2021, 134 Stat. 3871, 4247; Pub. L. 118–31, div. A, title XVI, § 1681, Dec. 22, 2023, 137 Stat. 611; Pub. L. 118–159, div. A, title XVII, § 1701(a)(2), div. B, title XXVIII, § 2871(c)(1), Dec. 23, 2024, 138 Stat. 2203, 2281.) Editorial Notes REFERENCES IN TEXT The Presidential Protection Assistance Act of 1976, referred to in subsec. (j)(3)(C)(iv), is Pub. L. 94–524, Oct. 17, 1976, 90 Stat. 2475, which enacted and amended provi- sions set out as notes under section 3056 of Title 18, Crimes and Criminal Procedure. For complete classi- fication of this Act to the Code, see Tables. AMENDMENTS 2024—Subsec. (j)(3)(C)(ix). Pub. L. 118–159, § 2871(c)(1), which directed substitution of ‘‘section 4173’’ for ‘‘sec- tions 4173(i)’’, was executed by making the substitution for ‘‘section 4173(i)’’, to reflect the probable intent of Congress and the intervening amendment by Pub. L. 118–159, § 1701(a)(2). See below and see section 1701(h) of Pub. L. 118–159, set out as a Coordination of Certain Sections of an Act With Other Provisions of That Act under section 101 of this title. Pub. L. 118–159, § 1701(a)(2), substituted ‘‘section’’ for ‘‘sections’’. 2023—Subsec. (i). Pub. L. 118–31 substituted ‘‘2026’’ for ‘‘2023’’ in pars. (1) and (2). 2021—Subsec. (i)(1). Pub. L. 116–283, § 1081(a)(8)(A), sub- stituted ‘‘of subsection (j)(3)(C) shall’’ for ‘‘of sub- section (j)(3)(C) shall’’, resulting in no change in text. See 2019 Amendment notes and Coordination of Amend- ments by Pub. L. 116–92 note below. Subsec. (j)(3)(C)(ix). Pub. L. 116–283, § 1845(c)(4), sub- stituted ‘‘sections 4173(i)’’ for ‘‘section 196(i)’’. Subsec. (j)(6). Pub. L. 116–283, § 1081(a)(8)(B), inserted a period at end. 2019—Subsec. (i). Pub. L. 116–92, § 1694(a), substituted ‘‘2023’’ for ‘‘2020’’ in two places. Subsec. (i)(1). Pub. L. 116–92, § 1731(a)(6)(A), inserted ‘‘(C)’’ after ‘‘subsection (j)(3)’’. Pub. L. 116–92, § 1694(b)(1), which directed substitution of ‘‘of subsection (j)(3)(C)’’ for ‘‘of subsection (j)(3)’’, re- sulted in no change in text because of prior execution of amendment by Pub. L. 116–92, § 1731(a)(6)(A). See Amendment note above and Coordination of Amend- ments by Pub. L. 116–92 note below. Subsec. (j)(6). Pub. L. 116–92, § 1731(a)(6)(B), sub- stituted ‘‘44802’’ for ‘‘40101’’. Pub. L. 116–92, § 1694(b)(2), substituted ‘‘in section 44801 of title 49’’ for ‘‘in section 331 of the FAA Mod- ernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 44802 note).’’ 2017—Pub. L. 115–91 amended section generally. Prior to amendment, section related to protection of certain facilities and assets from unmanned aircraft and con- sisted of provisions relating to authority of Secretary of Defense, authorized actions, forfeiture, regulations, and definitions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1845(c)(4) of Pub. L. 116–283 ef- fective Jan. 1, 2022, with additional provisions for de- layed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. COUNTER UNMANNED AERIAL SYSTEM THREAT LIBRARY Pub. L. 118–159, div. A, title III, § 353, Dec. 23, 2024, 138 Stat. 1858, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of the Army, through the Joint Counter- Small Unmanned Aircraft Systems Office, shall estab- lish and maintain a threat library, or expand and main- tain an existing threat library, to coordinate efforts across the Department of Defense to counter unmanned aircraft systems. ‘‘(b) INFORMATION TO BE INCLUDED.—The threat li- brary required under subsection (a) shall include— ‘‘(1) classified and unclassified information relating to known or suspected threats from unmanned air- craft systems; ‘‘(2) proposed solutions for countering such known threats; and ‘‘(3) a comprehensive listing of global incursions from unmanned aircraft systems at installations of the Department of Defense. ‘‘(c) DISSEMINATION.—The Secretary of the Army, through the Joint Counter-Small Unmanned Aircraft Systems Office, shall establish a framework to share the information contained in the threat library re- quired under subsection (a) with the military depart- ments, the combatant commands, other Federal agen- cies, and relevant industries, as determined by the Sec- retary of the Army, in order to maintain technological superiority in aerial defense.’’ COUNTER UNMANNED AERIAL SYSTEMS TASK FORCE Pub. L. 118–159, div. A, title IX, § 925, Dec. 23, 2024, 138 Stat. 2041, provided that: ‘‘(a) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall establish, or designate from existing organizations and personnel of the Department of Defense, a counter unmanned aerial systems task force, to be known as the ‘C-UAS Task Force’. ‘‘(b) REVIEW OF MEMORANDA AND DIRECTIVES.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, acting through the C-UAS Task Force, shall re- view and, if necessary, consolidate and update all De- partment of Defense memoranda and directives re- lated to the countering of unmanned aircraft systems in United States airspace to provide clarity to and an expedited decision-making process for commanders with respect to effectively countering unmanned air- craft systems or unmanned aircraft incursions at military installations in the United States. ‘‘(2) INCLUDED MEMORANDA AND DIRECTIVES.—The memoranda and directives required to be reviewed and, if necessary, consolidated and updated under paragraph (1) include the following: ‘‘(A) The Counter-Small Unmanned Aircraft Sys- tems Strategy of the Department of Defense, dated January 7, 2021. ‘‘(B) The Deputy Secretary of Defense Memo- randum entitled ‘Risk-based Assessment in Support of Counter-Unmanned Aircraft Activities to Pro- tect DOD Facilities and Assets’ and dated May 7, 2020. ‘‘(C) Deputy Secretary of Defense Policy Memo- randum 16–003, entitled ‘Interim Guidance for Coun- tering Unmanned Aircraft’ and dated August 18, 2016. ‘‘(D) Deputy Secretary of Defense Policy Memo- randum 17–00X, entitled ‘Supplemental Guidance Page 174 TITLE 10—ARMED FORCES [§§ 130j, 130k 1 So in original. Probably should be capitalized as ‘‘Perform- ance Improvement Officer’’. for Countering Unmanned Aircraft’ and dated July 5, 2017. ‘‘(E) Chairman of the Joint Chiefs of Staff Notice 3124, entitled ‘Interim Guidance for Countering Un- manned Aircraft’ and dated February 8, 2017. ‘‘(F) Other related general administrative notices of the Joint Staff. ‘‘(G) Any other associated memoranda or direc- tives of the Department of Defense relating to un- manned aircraft systems, as the Secretary of De- fense and the Chairman of the Joint Chiefs of Staff determine necessary. ‘‘(c) ISSUANCE OF UPDATED GUIDANCE.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall issue new memoranda, directives, and guidance related to authorities to counter unmanned aircraft systems. ‘‘(2) DISSEMINATION TO INSTALLATION COMMANDERS.— The Secretary of Defense shall ensure that memo- randa, directives, and guidance issued under para- graph (1), and any subsequent memoranda, directives and guidance, are included in pre-briefings for any of- ficers that assume command of a military installa- tion in the United States on or after July 1, 2025. ‘‘(3) STANDARD OPERATING PROCEDURES FOR MILITARY INSTALLATIONS.— ‘‘(A) IN GENERAL.—Not later than 60 days after the issuance of the memoranda, directives, and guid- ance required by paragraph (1), each commander of a military installation shall issue operating proce- dures specific to their military installation for countering unmanned aircraft systems at the in- stallation. ‘‘(B) EXTENSION DURING CHANGES IN COMMAND.—If there is a change of command of a military instal- lation during the 60-day period described in sub- paragraph (A), the incoming commander of the in- stallation shall issue operating procedures specific to their military installation required by that sub- paragraph not later than 60 days after receiving the pre-briefing described in paragraph (2). ‘‘(d) REPORT ON EXISTING TRAINING EFFORTS.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the counter- unmanned aircraft systems training efforts of the De- partment of Defense in effect as of the date of the en- actment of this Act. The report shall include— ‘‘(1) a description of any training that is commonly provided to members of the Armed Forces on coun- tering threats posed by unmanned aircraft systems; and ‘‘(2) a summary of the training curriculum that is provided for installation commanders and deployed forces to counter unmanned aircraft systems.’’ ASSESSMENT AND STRATEGY FOR FIELDING CAPABILI- TIES TO COUNTER THREATS POSED BY UNMANNED AERIAL SYSTEM SWARMS Pub. L. 117–263, div. A, title I, § 162, Dec. 23, 2022, 136 Stat. 2462, provided that: ‘‘(a) ASSESSMENT, ANALYSIS, AND REVIEW.—The Sec- retary of Defense shall conduct— ‘‘(1) an assessment of the threats posed by un- manned aerial system swarms and unmanned aerial systems with swarm capabilities to installations and deployed Armed Forces; ‘‘(2) an analysis of the use or potential use of un- manned aerial system swarms by adversaries, includ- ing the People’s Republic of China, the Russian Fed- eration, the Islamic Republic of Iran, the Democratic People’s Republic of North Korea, and non-state ac- tors; ‘‘(3) an analysis of the national security implica- tions of swarming technologies such as autonomous intelligence and machine learning; ‘‘(4) a review of the capabilities used by the Depart- ment of Defense to counter threats posed by un- manned aerial systems and an assessment of the ef- fectiveness of such capabilities at countering the threat of unmanned aerial system swarms; and ‘‘(5) an overview of the efforts of the Department of Defense to develop and field test technologies that offer scalable, modular, and rapidly deployable capa- bilities with the ability to counter unmanned aerial system swarms. ‘‘(b) STRATEGY DEVELOPMENT AND IMPLEMENTATION REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall develop and implement a strategy to field capabili- ties to counter threats posed by unmanned aerial sys- tem swarms. ‘‘(2) ELEMENTS.—The strategy required by para- graph (1) shall include the following: ‘‘(A) The development of a comprehensive defini- tion of ‘unmanned aerial system swarm’. ‘‘(B) A plan to establish and incorporate require- ments for the development, testing, and fielding of technologies and capabilities to counter unmanned aerial system swarms. ‘‘(C) A plan to acquire and field adequate capa- bilities to counter unmanned aerial system swarms in defense of the Armed Forces, infrastructure, and other assets of the United States across land, air, and maritime domains. ‘‘(D) An estimate of the resources needed by each Armed Force to implement the strategy. ‘‘(E) An analysis, determination, and prioritization of legislative action required to en- sure the Department of Defense has the ability to counter the threats posed by unmanned aerial sys- tem swarms. ‘‘(F) Such other matters as the Secretary deter- mines to be relevant to the strategy. ‘‘(3) INCORPORATION INTO EXISTING STRATEGY.—The Secretary of Defense may incorporate the strategy required by paragraph (1) into a comprehensive strat- egy of the Department of Defense to counter the threat of unmanned aerial systems. ‘‘(c) INFORMATION TO CONGRESS.—Not later than 270 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on— ‘‘(1) the findings of the Secretary under subsection (a); and ‘‘(2) the strategy developed and implemented by the Secretary under subsection (b).’’ COORDINATION OF AMENDMENTS BY PUB. L. 116–92 Amendments to this section by section 1731 of Pub. L. 116–92 to be treated as having been enacted imme- diately before amendments by other provisions of Pub. L. 116–92, see section 1731(f) of Pub. L. 116–92, set out as a Coordination of Certain Sections of an Act With Other Provisions of That Act note under section 101 of this title. [§§ 130j, 130k. Renumbered §§ 395, 396] CHAPTER 4—OFFICE OF THE SECRETARY OF DEFENSE Sec. 131. Office of the Secretary of Defense. 132. Deputy Secretary of Defense. 132a. Performance improvement officer.1 [133. Repealed.] 133a. Under Secretary of Defense for Research and Engineering. 133b. Under Secretary of Defense for Acquisition and Sustainment. 134. Under Secretary of Defense for Policy.