§ 138. Assistant Secretaries of Defense
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(1)There are 20 Assistant Secretaries of Defense.
(2)The Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
(1)The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.
(A)One of the Assistant Secretaries is the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. The principal duty of the Assistant Secretary shall be the overall supervision (including oversight of policy and resources) of special operations activities (as defined in section 167(k) of this title) and low intensity conflict activities of the Department of Defense. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters and (after the Secretary and Deputy Secretary) is the principal special operations and low intensity conflict official within the senior management of the Department of Defense. A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall do the following:
(i)Exercise authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces through the administrative chain of command specified in section 167(f) of this title.
(ii)Assist the Secretary and the Under Secretary of Defense for Policy in the development and supervision of policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense for the following:
(I)Irregular warfare, combating terrorism, and the special operations activities specified by section 167(k) of this title.
(II)Integrating the functional activities of the headquarters of the Department to most efficiently and effectively provide for required special operations forces and capabilities.
(B)In the discharge of the responsibilities specified in subparagraph (A)(i), the Assistant Secretary is immediately subordinate to the Secretary of Defense. Unless otherwise directed by the President, no officer below the Secretary may intervene to exercise authority, direction, or control over the Assistant Secretary in the discharge of such responsibilities.
(3)One of the Assistant Secretaries is the Assistant Secretary of Defense for Legislative Affairs. The principal duty of the Assistant Secretary shall be the overall supervision of legislative affairs of the Department of Defense.
(4)One of the Assistant Secretaries is the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on nuclear deterrence policies, operations, and associated programs within the senior management of the Department of Defense. The principal duty of the Assistant Secretary shall be the overall supervision of nuclear deterrence policy, resources, and activities of the Department of Defense.
(A)Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall—
(i)advise and assist the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy in the development and supervision of policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense on all matters relating to the sustainment, operation, and modernization of United States nuclear forces as defined in section 499c(d) of this title;
(ii)communicate views on issues within the responsibility of the Assistant Secretary directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense;
(iii)serve as the Staff Director of the Nuclear Weapons Council established by section 179 of this title;
(iv)serve as the principal Department of Defense civilian responsible for oversight of portfolio management for nuclear forces established by section 499c of this title;
(v)serve as the principal interface with the Department of Energy on issues relating to nuclear fuels;
(vi)in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, advise the Secretary of Defense on nuclear energy matters; and
(vii)advise and assist the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy on all matters relating to the defense against chemical, biological, and other weapons of mass destruction.
(B)Unless otherwise directed by the President or statute, no officer other than the Secretary of Defense, Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy may intervene to exercise authority, direction, or control over the Assistant Secretary in the discharge of responsibilities specified in subparagraph (A).
(5)One of the Assistant Secretaries is the Assistant Secretary of Defense for Space Policy. The principal duty of the Assistant Secretary shall be the overall supervision of policy of the Department of Defense for space warfighting.
(6)One of the Assistant Secretaries is the Assistant Secretary of Defense for Industrial Base Policy. The Assistant Secretary shall advise the Under Secretary of Defense for Acquisition and Sustainment on industrial base policies.
(7)One of the Assistant Secretaries is the Assistant Secretary of Defense for International Armaments Cooperation, who shall report directly to the Under Secretary of Defense for Acquisition and Sustainment. The principal duty of the Assistant Secretary shall be to carry out section 133b(b)(10) of this title.
(8)One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy, Installations, and Environment. The principal duty of the Assistant Secretary shall be the overall supervision of matters relating to energy, installations, and the environment for the Department of Defense.
(9)One of the Assistant Secretaries is the Assistant Secretary of Defense for Cyber Policy. The principal duty of the Assistant Secretary shall be the overall supervision of policy of the Department of Defense for cyber. The Assistant Secretary is the Principal Cyber Advisor described in section 392a(a) of this title.
(c)Except as otherwise specifically provided by law, an Assistant Secretary may not issue an order to a military department unless—
(1)the Secretary of Defense has specifically delegated that authority to the Assistant Secretary in writing; and
(2)the order is issued through the Secretary of the military department concerned.
(d)The Assistant Secretaries 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, the officials serving in positions specified in section 131(b)(4) of this title, and the Deputy Under Secretaries of Defense. The Assistant Secretaries take precedence among themselves in the order prescribed by the Secretary of Defense.
(e)The number of Deputy Assistant Secretaries of Defense may not exceed 62.
(Added Pub. L. 87–651, title II, § 202, Sept. 7, 1962, 76 Stat. 518, § 136; amended Pub. L. 90–168, § 2(1), (2), Dec. 1, 1967, 81 Stat. 521; Pub. L. 91–121, title IV, § 404(a), Nov. 19, 1969, 83 Stat. 207; Pub. L. 92–215, § 1, Dec. 22, 1971, 85 Stat. 777; Pub. L. 92–596, § 4(2), Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95–140, § 3(a), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 96–107, title VIII, § 820(a), Nov. 9, 1979, 93 Stat. 819; Pub. L. 98–94, title XII, § 1212(a), Sept. 24, 1983, 97 Stat. 686;
Pub. L. 99–433, title I, §§ 106, 110(d)(9), Oct. 1, 1986, 100 Stat. 997, 1003; Pub. L. 99–500, § 101(c) [title IX, § 9115(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–122, and Pub. L. 99–591, § 101(c) [title IX, § 9115(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–122; Pub. L. 99–661, div. A, title XIII, § 1311(a), Nov. 14, 1986, 100 Stat. 3983; Pub. L. 100–180, div. A, title XII, § 1211(a)(1), Dec. 4, 1987, 101 Stat. 1154; Pub. L. 100–453, title VII, § 702, Sept. 29, 1988, 102 Stat. 1912;
Pub. L. 100–456, div. A, title VII, § 701, Sept. 29, 1988, 102 Stat. 1992; renumbered § 138 and amended Pub. L. 103–160, div. A, title IX, §§ 901(a)(1), (c), 903(c)(1), 905, Nov. 30, 1993, 107 Stat. 1726, 1727, 1729; Pub. L. 103–337, div. A, title IX, §§ 901(a), 903(b)(2), Oct. 5, 1994, 108 Stat. 2822, 2823; Pub. L. 104–106, div. A, title IX, §§ 902(a), 903(b), (e)(2), Feb. 10, 1996, 110 Stat. 401, 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617;
Pub. L. 105–261, div. A, title IX, §§ 901(a), 902, Oct. 17, 1998, 112 Stat. 2091; Pub. L. 106–398, § 1 [[div. A], title IX, § 901], Oct. 30, 2000, 114 Stat. 1654, 1654A–223; Pub. L. 107–107, div. A, title IX, § 901(c)(1), Dec. 28, 2001, 115 Stat. 1194; Pub. L. 107–314, div. A, title IX, § 902(a), (c), (d), Dec. 2, 2002, 116 Stat. 2620, 2621; Pub. L. 109–364, div. A, title IX, § 901(a), Oct. 17, 2006, 120 Stat. 2350; Pub. L. 111–84, div. A, title IX, § 906(b)(2), Oct. 28, 2009, 123 Stat. 2426;
Pub. L. 111–383, div. A, title IX, § 901(b)(4), Jan. 7, 2011, 124 Stat. 4319; Pub. L. 112–81, div. A, title III, § 314(a), Dec. 31, 2011, 125 Stat. 1357; Pub. L. 112–166, § 2(c)(1)(A), Aug. 10, 2012, 126 Stat. 1283; Pub. L. 112–239, div. A, title X, § 1076(f)(3), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 113–291, div. A, title IX, §§ 901(f), (h)(1)–(3), (j)(2)(D), 902(a)(2), Dec. 19, 2014, 128 Stat. 3464, 3466, 3467, 3469; Pub. L. 114–92, div. A, title VIII, § 829, title X, § 1078(a), Nov. 25, 2015, 129 Stat. 911, 998;
Pub. L. 114–328, div. A, title IX, §§ 901(e)(1), 922(a), Dec. 23, 2016, 130 Stat. 2342, 2354; Pub. L. 115–91, div. A, title IX, §§ 906(d)(2), 907, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1513, 1514, 1597; Pub. L. 115–232, div. A, title X, § 1081(f)(1)(D), Aug. 13, 2018, 132 Stat. 1987; Pub. L. 116–92, div. A, title IX, § 955(a), Dec. 20, 2019, 133 Stat. 1565; Pub. L. 116–283, div. A, title IX, §§ 902(a), 903, 904, Jan. 1, 2021, 134 Stat. 3795, 3797, 3798; Pub. L. 117–81, div. A, title IX, § 901(b), title X, § 1081(a)(4), Dec. 27, 2021, 135 Stat. 1868, 1919;
Pub. L. 117–263, div. A, title IX, § 901(a), (b)(1), (c)(1), (d), Dec. 23, 2022, 136 Stat. 2747, 2748; Pub. L. 118–31, div. A, title IX, § 901(a)(4), Dec. 22, 2023, 137 Stat. 354; Pub. L. 118–159, div. A, title IX, § 904, title XVI, § 1621(a), Dec. 23, 2024, 138 Stat. 2028, 2170; Pub. L. 119–60, div. A, title IX, § 903(a), (b)(1), Dec. 18, 2025, 139 Stat. 1008, 1009.)
In subsection (b)(1), 5 U.S.C. 172(b) (last 13 words of 1st sentence) is omitted as surplusage, since they are only a general description of the powers of the Secretary of Defense under this title. 5 U.S.C. 171c–2 (less 1st sentence) is omitted as covered by 5 U.S.C. 171c(c) (1st 18 words of 2d sentence).
In subsection (d), the following substitutions are made: “In carrying out subsection
(c)and sections 3010, 3012(b) (last two sentences), 5011 (first two sentences), 5031(a) (last two sentences), 8010, and 8012(b) last two sentences of this title,” for “In implementation of this paragraph”; and “members of the armed forces under the jurisdiction of his department” for “the military personnel in such department”. The words “in a continuous effort” are omitted as surplusage.
Connections87 cite this · traces to 33
Cited by 87 sections · top 60
public-private-law
- Public Law 115-232John S. McCain National Defense Authorization Act for Fiscal Year 2019
- Public Law 116-283William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
- Public Law 117-263James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Public Law 113-291Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
- Public Law 115-91National Defense Authorization Act for Fiscal Year 2018
- Public Law 118-31National Defense Authorization Act for Fiscal Year 2024
- Public Law 118-159Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
U.S. Code
- § 113Secretary of Defense
- § 5315Positions at level IV
- § 136Under Secretary of Defense for Personnel and Readiness
- § 502Required drills and field exercises
- § 138Assistant Secretaries of Defense
- § 139Director of Operational Test and Evaluation
- § 114Annual authorization of appropriations
- § 4901Department of Defense small business strategy
- § 520bApplicants for enlistment: authority to use funds for the issue of authorized articles
- § 12103Reserve components: terms
- § 139bSecretariat for Special Operations; Special Operations Policy and Oversight Council
- § 175Reserve Forces Policy Board
- § 201Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance
- § 7038Office of Army Reserve: appointment of Chief
- § 10305Air Force Reserve Forces Policy Committee
- § 116Annual operations and maintenance report
- § 956Deserters, prisoners, members absent without leave: expenses and rewards
- § 10302Army Reserve Forces Policy Committee
- § 9038Office of Air Force Reserve: appointment of Chief
- § 10201Assistant Secretary of Defense for Manpower and Reserve Affairs
statutes-at-large
- Public Law 93–364To authorize the Secretary of the Interior to sell certain rights in the State of Florida
- Public Law 99–188
- Public Law 94–106To authorize appropriations during the fiscal year 1973, and the period beginning July 1, 1976, and ending September 30, 1976, for procurement of aircraft, missiles, numb vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test and evaluation for the Armed Forc
- Public Law 97–86To authorize appropriations for fiscal year 1982 for the Armed Forces for procurement, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such fiscal year for the Armed Forces and for civilian employees of the Department of Defens
- Public Law 96–342To authorize appropriations for fiscal year 1981 for procurement of aircraft, missiles, naval vessels, track combat vehicles, torpedoes, and other weapons and for research, development, test, and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty com
- Public Law 97–295To amend titles 10, 14, 37, and 38, United States Code, to codify recent law and to improve the Code
- Public Law 99–661To authorize appropriations for fiscal year 1987 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to improve the defense acquisition pro
- Public Law 111–383To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 98–525To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1985, to revise and improve defense procurement, compensation, and management programs, to establish new defense educational assist
- Public Law 112–239To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 117–263To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 107–314To authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 112–166To reduce the number of executive positions subject to Senate confirmation
- Public Law 98–212Making appropriations for the Department of Defense for the fiscal year ending September 30, 1984, and for other purposes
- Public Law 97–252To authorize appropriations for fiscal year 1983 for the Armed Forces for procurement, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such fiscal year for the Armed Forces and for civilian employees of the Department of Defens
- Public Law 115–232To authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 118–31To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 115–91To authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 96–513To amend title 10, United States Code, to revise and standardize the provisions of law relating to appointment, promotion, separation, and mandatory retirement of regular commissioned officers of the Army
- Public Law 116–283To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 96–107To authorize appropriations for fiscal year 1980 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons and for research, development, test, and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty c
register
statute-compilations
- Sec. 2PRESIDENTIAL APPOINTMENTS NOT SUBJECT TO SENATE APPROVAL
- Sec. 1076TECHNICAL AND CLERICAL AMENDMENTS
- Sec. 907ASSIGNMENT OF RESPONSIBILITY FOR THE ARCTIC REGION WITHIN THE OFFICE OF THE SECRETARY OF DEFENSE
- Sec. 917DEADLINE FOR COMPLETION OF FULL IMPLEMENTATION OF REQUIREMENTS IN CONNECTION WITH ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR MANAGEMENT OF SPECIAL OPERATIONS FORCES AND SPECIAL OPERATIONS
- Sec. 901INCREASE IN AUTHORIZED NUMBER OF ASSISTANT AND DEPUTY ASSISTANT SECRETARIES OF DEFENSE
- Sec. 905PRINCIPAL DEPUTY ASSISTANT SECRETARIES TO SUPPORT ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT
- Sec. 902ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT AND RELATED MATTERS
- Sec. 902ASSISTANT SECRETARY OF DEFENSE FOR MANPOWER AND RESERVE AFFAIRS
Traces to 33 documents
U.S. Code
- Unified combatant command for special operations forces§ 167
- Portfolio management framework for nuclear forces§ 499c
- Nuclear Weapons Council§ 179
- Under Secretary of Defense for Acquisition and Sustainment§ 133b
- Principal Cyber Advisors§ 392a
- Office of the Secretary of Defense§ 131
- Repealed. Pub. L. 113–291, div. A, title IX, § 901(h)(4), Dec. 19, 2014, 128 Stat. 3467]§ 138d
- Director of Operational Test and Evaluation§ 139
- Annual authorization of appropriations§ 114
- Personnel strengths: requirement for annual authorization§ 115
- Annual operations and maintenance report§ 116
- Secretary of Defense§ 113
- Repealed. Pub. L. 113–291, div. A, title IX, § 901(g)(2), Dec. 19, 2014, 128 Stat. 3466]§ 138c
- Under Secretary of Defense for Personnel and Readiness§ 136
- Under Secretary of Defense (Comptroller)§ 135
- Other officers§ 113
- Positions at level IV§ 5315
- Required drills and field exercises§ 502
- Renumbered § 474]§ 404
- Additional regulations for Marine Corps§ 8212
- Assistant Secretaries of Defense§ 138
- Secretariat for Special Operations; Special Operations Policy and Oversight Council§ 139b
public-private-law
- Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015Public Law 113-291
- National Defense Authorization Act for Fiscal Year 2016Public Law 114-92
- National Defense Authorization Act for Fiscal Year 2017Public Law 114-328
- National Defense Authorization Act for Fiscal Year 2018Public Law 115-91
- John S. McCain National Defense Authorization Act for Fiscal Year 2019Public Law 115-232
- National Defense Authorization Act for Fiscal Year 2020Public Law 116-92
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021Public Law 116-283
- National Defense Authorization Act for Fiscal Year 2022Public Law 117-81
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023Public Law 117-263
- National Defense Authorization Act for Fiscal Year 2024Public Law 118-31
- Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025Public Law 118-159
195 references not yet in our index
- Pub. L. 87–651, title II, § 202
- 76 Stat. 518
- Pub. L. 90–168, § 2(1)
- 81 Stat. 521
- Pub. L. 91–121, title IV, § 404(a)
- 83 Stat. 207
- Pub. L. 92–215, § 1
- 85 Stat. 777
- Pub. L. 92–596, § 4(2)
- 86 Stat. 1318
- Pub. L. 95–140, § 3(a)
- 91 Stat. 1173
- Pub. L. 96–107, title VIII, § 820(a)
- 93 Stat. 819
- Pub. L. 98–94, title XII, § 1212(a)
- 97 Stat. 686
- Pub. L. 99–433, title I
- 100 Stat. 997
- Pub. L. 99–500, § 101(c) [title IX, § 9115(a)]
- 100 Stat. 1783–82
- Pub. L. 99–591, § 101(c) [title IX, § 9115(a)]
- 100 Stat. 3341–82
- Pub. L. 99–661, div. A, title XIII, § 1311(a)
- 100 Stat. 3983
- Pub. L. 100–180, div. A, title XII, § 1211(a)(1)
- 101 Stat. 1154
- Pub. L. 100–453, title VII, § 702
- 102 Stat. 1912
- Pub. L. 100–456, div. A, title VII, § 701
- 102 Stat. 1992
- Pub. L. 103–160, div. A, title IX
- 107 Stat. 1726
- Pub. L. 103–337, div. A, title IX
- 108 Stat. 2822
- Pub. L. 104–106, div. A, title IX
- 110 Stat. 401
- Pub. L. 104–201, div. A, title IX, § 901
- 110 Stat. 2617
- Pub. L. 105–261, div. A, title IX
- 112 Stat. 2091
+ 155 more
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§ 138
Assistant Secretaries of Defense
Stat.×35
U.S.C.×27
Pub. L.×8
Stat. Comp.×8
Bills×6
Fed. Reg.×3
Pub. L.Pub. L. 87–651, title II, § 202
Stat.76 Stat. 518
Pub. L.Pub. L. 90–168, § 2(1)
Cites 228 · showing 12Cited by 87 across 6 sources