10 U.S.C. § 138

5 U.S.C. 172(b)5 U.S.C. 171c–25 U.S.C. 171c(c)In subsection (b)(1), (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. (less 1st sentence) is omitted as covered by (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.

Editorial Notes

Codification

Pub. L. 113–291, § 901(h)(1)(C)Pub. L. 106–65, div. A, title IX, § 911(b)(1)Oct. 5, 1999113 Stat. 718 Pub. L. 111–84, div. A, title IX, § 906(b)(1)Oct. 28, 2009123 Stat. 2426 Pub. L. 111–383, div. A, title IX, § 901(b)(5)Jan. 7, 2011124 Stat. 4319 The text of section 138a(b) and (c) of this title, which was transferred to subsec. (b)(7) of this section and amended by –(E), was based on , , , § 133b; renumbered § 138a and amended , (c)(2)(D), , , 2427; , , .

section 138b of this titlePub. L. 113–291, § 901(h)(2)Pub. L. 87–651, title II, § 202Sept. 7, 196276 Stat. 518 Pub. L. 92–596, § 4(2)Oct. 27, 197286 Stat. 1318 Pub. L. 95–140, § 2(a)Oct. 21, 197791 Stat. 1172 Pub. L. 99–348, title V, § 501(b)(1)July 1, 1986100 Stat. 707 Pub. L. 99–433, title I, § 105Oct. 1, 1986100 Stat. 997 Pub. L. 99–500, § 101(c) [title X, § 903(b)(1)]Oct. 18, 1986100 Stat. 1783–82 Pub. L. 99–591, § 101(c) [title X, § 903(b)(1)]Oct. 30, 1986100 Stat. 3341–82 Pub. L. 99–661, div. A, title IXNov. 14, 1986100 Stat. 3911 Pub. L. 100–26, § 3(5)Apr. 21, 1987101 Stat. 273 Pub. L. 103–160, div. A, title IXNov. 30, 1993107 Stat. 1726 Pub. L. 104–106, div. A, title IX, § 903(c)(3)Feb. 10, 1996110 Stat. 402 Pub. L. 104–201, div. A, title IX, § 901Sept. 23, 1996110 Stat. 2617 Pub. L. 106–65, div. A, title IX, § 911(d)(1)Oct. 5, 1999113 Stat. 719 Pub. L. 107–314, div. A, title IX, § 901(a)(1)Dec. 2, 2002116 Stat. 2619 Pub. L. 111–23, title I, § 104(a)(1)May 22, 2009123 Stat. 1717 Pub. L. 111–383, div. A, title IX, § 901(b)(6)Jan. 7, 2011124 Stat. 4319 Pub. L. 112–239, div. A, title IX, § 904(e)(1)Jan. 2, 2013126 Stat. 1867 The text of , which was transferred to subsec. (b)(8) of this section and amended by , was based on , , , § 135; amended , , ; , , ; , (2), (e)(1), , , 708; , , ; , , , 1783–132, and , , , 3341–132; , formerly title IV, § 903(b)(1), , , renumbered title IX, , , ; renumbered § 137 and amended , §§ 901(a)(1), 904(d)(1), , , 1728; , , ; , , ; , , ; renumbered § 139a, , , ; , , ; renumbered § 138b and amended , (k)(1)(B), , , 4325; , , .

section 138d of this titlePub. L. 113–291, § 901(h)(3)Pub. L. 100–180, div. A, title XII, § 1245(a)(1)Dec. 4, 1987101 Stat. 1165 Pub. L. 103–160, div. A, title IX, § 901(a)(1)Nov. 30, 1993107 Stat. 1726 Pub. L. 104–106, div. A, title IXFeb. 10, 1996110 Stat. 402 Pub. L. 104–201, div. A, title IX, § 901Sept. 23, 1996110 Stat. 2617 Pub. L. 110–417Oct. 14, 2008122 Stat. 4568 Pub. L. 111–383, div. A, title IX, § 901(b)(8)Jan. 7, 2011124 Stat. 4320 The text of , which was transferred to subsec. (b)(10) of this section and amended by , was based on , , , § 141; renumbered § 142, , , ; amended , §§ 903(c)(4), 904(a)(1), , , 403; , , ; , [div. A], title IX, § 905, , ; renumbered § 138d and amended , (k)(1)(D), , , 4325.

Pub. L. 99–591Pub. L. 99–500 is a corrected version of .

Prior Provisions

section 139 of this titleA prior section 138 was renumbered .

Pub. L. 99–433Another prior section 138 was renumbered by as follows:

section 114(a) of this titleSection 138(a) was renumbered .

section 115(a) of this titleSection 138(b) was renumbered successively as section 114(b) and .

section 115(b) of this titleSection 138(c) was renumbered successively as section 114(c) and .

section 115(c) of this titleSection 138(d) was renumbered successively as section 114(d) and .

section 116(a) of this titleSection 138(e) was renumbered successively as section 114(e) and .

section 114(b) of this titleSection 138(f)(1) was renumbered successively as section 114(f)(1) and .

section 116(b) of this titleSection 138(f)(2) was renumbered successively as section 114(f)(2) and .

section 114(c) of this titleSection 138(g) was renumbered successively as section 114(g) and .

section 113(i) of this titleSection 138(h) was renumbered successively as section 114(h) and .

section 114(d) of this titleSection 138(i) was renumbered successively as section 114(i) and .

Amendments

Pub. L. 119–60, § 903(b)(1)2025—Subsec. (a)(1). , substituted “20” for “19”.

Pub. L. 119–60, § 903(a)Subsec. (b)(7) to (9). , added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively.

Pub. L. 118–159, § 1621(a)2024—Subsec. (b)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “One of the Assistant Secretaries is the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. The Assistant Secretary may 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. The Assistant Secretary shall—

“(A) advise the Secretary of Defense on nuclear energy, nuclear weapons, and chemical and biological defense; and

section 179 of this title“(B) serve as the Staff Director of the Nuclear Weapons Council established by .”

Pub. L. 118–159, § 904Subsec. (e). , substituted “62” for “60”.

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. 117–263, § 901(b)(1)2022—Subsec. (a)(1). , substituted “19” for “15”.

Pub. L. 117–263, § 901(d)(1)(A)Subsec. (b)(2)(A). , substituted “The principal duty of the Assistant Secretary shall be” for “He shall have as his principal duty” in introductory provisions.

Pub. L. 117–263, § 901(d)(1)(B)Subsec. (b)(2)(A)(ii)(III). , struck out subcl. (III) which read as follows: “Such other matters as may be specified by the Secretary and the Under Secretary.”

Pub. L. 117–263, § 901(d)(2)Subsec. (b)(3). , substituted “The principal duty of the Assistant Secretary shall be” for “He shall have as his principal duty”.

Pub. L. 117–263, § 901(d)(3)Subsec. (b)(4)(C). , struck out subpar. (C) which read as follows: “perform such additional duties as the Secretary may prescribe.”

Pub. L. 117–263, § 901(d)(4)Subsec. (b)(6). , substituted “shall advise the Under Secretary of Defense for Acquisition and Sustainment on industrial base policies.” for “shall—

“(A) advise the Under Secretary of Defense for Acquisition and Sustainment on industrial base policies; and

“(B) perform other duties as directed by the Under Secretary.”

Pub. L. 117–263, § 901(a)Subsec. (b)(8). , added par. (8).

Pub. L. 117–263, § 901(c)(1)Subsec. (e). , added subsec. (e).

Pub. L. 116–283, § 904(a)2021—Subsec. (a)(1). , substituted “15” for “14”.

Pub. L. 116–283, § 903(a), substituted “14” for “13”.

Pub. L. 116–283, § 902(a)(1)(A)Subsec. (b)(2). –(C), (E), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and cls. (i) to (iii) of former subpar. (B) as subcls. (I) to (III), respectively, of subpar. (A)(ii), and added subpar. (B).

Pub. L. 117–81, § 901(b)Subsec. (b)(2)(A). , inserted “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.” before “Subject to the authority,” in introductory provisions.

Pub. L. 116–283, § 902(a)(2), substituted “section 167(k)” for “section 167(j)” in introductory provisions.

Pub. L. 117–81, § 1081(a)(4)Subsec. (b)(2)(A)(i). , struck out semicolon before period at end.

Pub. L. 116–283, § 902(a)(1)(D)section 167(f) of this title, inserted before period at end “through the administrative chain of command specified in ;”.

Pub. L. 116–283, § 903(b)Subsec. (b)(6). , added par. (6).

Pub. L. 116–283, § 904(b)Subsec. (b)(7). , added par. (7).

Pub. L. 116–922019—Subsec. (b)(5). added par. (5).

Pub. L. 115–2322018—Subsec. (d). inserted “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,” and struck out “the Deputy Chief Management Officer of the Department of Defense,” after “the Under Secretaries of Defense,”.

Pub. L. 115–91, § 907(a)2017—Subsec. (a)(1). , substituted “13” for “14”.

Pub. L. 115–91, § 907(b)Subsec. (b)(2) to (6). , redesignated pars. (4) to (6) as (2) to (4), respectively, and struck out former pars. (2) and (3) which read as follows:

“(2) One of the Assistant Secretaries is the Assistant Secretary of Defense for Manpower and Reserve Affairs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Manpower and Reserve Affairs shall have as the principal duty of such Assistant Secretary the overall supervision of manpower and reserve affairs of the Department of Defense.

“(3) One of the Assistant Secretaries is the Assistant Secretary of Defense for Homeland Defense. He shall have as his principal duty the overall supervision of the homeland defense activities of the Department of Defense.”

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

Pub. L. 115–91, § 906(d)(2), struck out “Principal” before “Deputy Under Secretaries of Defense”.

Pub. L. 114–328, § 922(a)2016—Subsec. (b)(4). , inserted at end “Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall do the following:

“(A) Exercise authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces.

“(B) 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:

section 167(k) of this title“(i) Irregular warfare, combating terrorism, and the special operations activities specified by .

“(ii) Integrating the functional activities of the headquarters of the Department to most efficiently and effectively provide for required special operations forces and capabilities.

“(iii) Such other matters as may be specified by the Secretary and the Under Secretary.”

Pub. L. 114–328, § 901(e)(1)Subsec. (b)(6) to (10). , redesignated par. (10) as (6) and struck out former pars. (6) to (9), which related to positions of Assistant Secretary of Defense for Acquisition, Assistant Secretary of Defense for Logistics and Materiel Readiness, Assistant Secretary of Defense for Research and Engineering, and Assistant Secretary of Defense for Energy, Installations, and Environment.

Pub. L. 114–92, § 1078(a)2015—Subsec. (b)(8). , substituted “shall periodically review and assess the technological maturity” for “shall—”, the designation for subpar. (A), and “review and assess the technological maturity”; substituted period at end for “; and”; and struck out subpar. (B) which read as follows: “submit to the Secretary of Defense and to the congressional defense committees by March 1 of each year a report on the technological maturity and integration risk of critical technologies of the major defense acquisition programs of the Department of Defense for which a Milestone B approval occurred during the preceding fiscal year.”

Pub. L. 114–92, § 829(a)Subsec. (b)(8)(A). , struck out “periodically” before “review and assess”, inserted “before the Milestone B approval for that program” after “Department of Defense”, and substituted “each major defense acquisition program” for “the major defense acquisition programs” and “such review and assessment” for “such reviews and assessments”.

Pub. L. 114–92, § 829(b)Subsec. (b)(8)(B). , inserted “for which a Milestone B approval occurred during the preceding fiscal year” after “Department of Defense”.

Pub. L. 113–291, § 902(a)(2)2014—Subsec. (b)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “One of the Assistant Secretaries is the Assistant Secretary of Defense for Reserve Affairs. He shall have as his principal duty the overall supervision of reserve component affairs of the Department of Defense.”

Pub. L. 113–291, § 901(h)(1)(D)section 138a(c) of this titleSubsec. (b)(7). , (E), transferred to subsec. (b)(7) of this section, inserted it at end, and redesignated pars. (1) to (3) as subpars. (A) to (C), respectively. The redesignation was executed to reflect the probable intent of Congress, notwithstanding directory language referring to the text transferred by subparagraph (C) of section 901(h)(1) instead of subparagraph (D).

Pub. L. 113–291, § 901(h)(1)(C)section 138a(b) of this title, transferred to subsec. (b)(7) of this section and inserted it after first sentence.

Pub. L. 113–291, § 901(h)(1)(A)section 138a of this title, (B), in first sentence, inserted “, who shall be appointed from among persons with an extensive background in the sustainment of major weapons systems and combat support equipment” after “Readiness” and struck out second sentence which read as follows: “In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Logistics and Materiel Readiness shall have the duties specified in .”

Pub. L. 113–291, § 901(h)(2)(C)Subsec. (b)(8). –(E), transferred section 138b(b)(1) and (2) of this title to subsec. (b)(8) of this section, inserted it at end, and realigned margins; redesignated pars. (1) and (2) as subpars. (A) and (B), respectively; in subpar. (A), struck out “The Assistant Secretary of Defense for Research and Engineering, in consultation with the Director of Developmental Test and Evaluation, shall” before “periodically review” and substituted “; and” for period at end; and, in subpar. (B), struck out “The Assistant Secretary, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, shall” before “submit”.

Pub. L. 113–291, § 901(h)(2)(B), inserted “The Assistant Secretary, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, shall—” after “Logistics may prescribe.”

Pub. L. 113–291, § 901(h)(2)(A)section 138b(a) of this titlesection 138b of this title, inserted text of after first sentence of subsec. (b)(8) of this section and struck out at end: “In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Research and Engineering shall have the duties specified in .”

Pub. L. 113–291, § 901(f)section 138c of this titleSubsec. (b)(9). , amended par. (9) generally. Prior to amendment, par. (9) read as follows: “One of the Assistant Secretaries is the Assistant Secretary of Defense for Operational Energy Plans and Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Operational Energy Plans and Programs shall have the duties specified in .”

Pub. L. 113–291, § 901(h)(3)(B)section 138d(a) of this titleSubsec. (b)(10). , inserted text of at end of subsec. (b)(10) of this section, struck out “of Defense for Nuclear, Chemical, and Biological Defense Programs” before “shall—”, and redesignated pars. (1) to (3) as subpars. (A) to (C), respectively.

Pub. L. 113–291, § 901(h)(3)(A)section 138d of this title, inserted text of section 138d(b) after first sentence of subsec. (b)(10) of this section and struck out at end: “In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall have the duties specified in .”

Pub. L. 113–291, § 901(j)(2)(D)Pub. L. 115–91, § 1081(b)(1)(A)Subsec. (d). , which directed striking out “the Deputy Chief Management Officer of the Department of Defense,”, was repealed by .

Pub. L. 112–239section 138c(c)(3) of this title2013—Subsec. (c)(3). transferred subsec. (c)(3), relating to responsibilities of the Assistant Secretary of Defense for Operational Energy Plans and Programs regarding alternative fuel, to .

Pub. L. 112–1662012—Subsec. (a)(1). substituted “14” for “16”.

Pub. L. 112–81Subsec. (c)(3). added par. (3).

Pub. L. 111–383, § 901(b)(4)(A)(i)2011—Subsec. (a)(1). , substituted “16” for “12”.

Pub. L. 111–383, § 901(b)(4)(A)(ii)Subsec. (a)(2). , struck out subpar. (A) and subpar. (B) designation and substituted “The” for “The other”. Prior to amendment, subpar. (A) read as follows: “The Assistant Secretary of Defense referred to in subsection (b)(7) shall be appointed as provided in that subsection.”

Pub. L. 111–383, § 901(b)(4)(B)(i)Subsec. (b)(2) to (6). , substituted “Secretaries is” for “Secretaries shall be”.

Pub. L. 111–383, § 901(b)(4)(B)(ii)section 138a of this titleSubsec. (b)(7). , struck out “appointed pursuant to ” before period at end of first sentence.

Pub. L. 111–383, § 901(b)(4)(B)(iii)Subsec. (b)(8) to (10). , added pars. (8) to (10).

Pub. L. 111–383, § 901(b)(4)(C)section 131(b)(4) of this titleSubsec. (d). , substituted “the Deputy Chief Management Officer of the Department of Defense, the officials serving in positions specified in , and the Principal Deputy Under Secretaries of Defense” for “and the Director of Defense Research and Engineering”.

Pub. L. 111–84, § 906(b)(2)(A)2009—Subsec. (a). , added subsec. (a) and struck out former subsec. (a), which read as follows: “There are ten Assistant Secretaries of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.”

Pub. L. 111–84, § 906(b)(2)(B)Subsec. (b)(6), (7). , added pars. (6) and (7).

Pub. L. 109–3642006—Subsec. (a). substituted “ten” for “nine”.

Pub. L. 107–314, § 902(d)Pub. L. 107–107, § 901(c)2002—Subsec. (a). , which directed the repeal of , was executed by substituting “nine” for “eight” to reflect the probable intent of Congress. See 2001 Amendment note below.

Pub. L. 107–314, § 902(a)Subsec. (b)(3). , added par. (3).

Pub. L. 107–314, § 902(c)Subsec. (b)(6). , struck out par. (6) which read as follows:

“(6)(A) One of the Assistant Secretaries, as designated by the Secretary of Defense from among those Assistant Secretaries with responsibilities that include responsibilities related to combating terrorism, shall have, among that Assistant Secretary’s duties, the duty to provide overall direction and supervision for policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense for combating terrorism, including antiterrorism activities, counterterrorism activities, terrorism consequences management activities, and terrorism-related intelligence support activities.

“(B) The Assistant Secretary designated under subparagraph (A) shall be the principal civilian adviser to the Secretary of Defense on combating terrorism and (after the Secretary and Deputy Secretary) shall be the principal official within the senior management of the Department of Defense responsible for combating terrorism.

“(C) If the Secretary of Defense designates under subparagraph (A) an Assistant Secretary other than the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, then the responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict related to combating terrorism shall be exercised subject to subparagraph (B).”

Pub. L. 107–107Pub. L. 107–314, § 902(d)2001—Subsec. (a). , which substituted “eight Assistant Secretaries of Defense” for “nine Assistant Secretaries of Defense”, was repealed by . See 2002 Amendment note above.

Pub. L. 106–3982000—Subsec. (b)(6). added par. (6).

Pub. L. 105–261, § 901(a)1998—Subsec. (a). , substituted “nine” for “ten”.

Pub. L. 105–261, § 902Subsec. (b)(3). , struck out par. (3) which read as follows:

“(3)(A) One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence. He shall have as his principal duty the overall supervision of command, control, communications, and intelligence affairs of the Department of Defense.

“(B) Notwithstanding subparagraph (A), one of the Assistant Secretaries established by the Secretary of Defense may be an Assistant Secretary of Defense for Intelligence, who shall have as his principal duty the overall supervision of intelligence affairs of the Department of Defense.

“(C) If the Secretary of Defense establishes an Assistant Secretary of Defense for Intelligence, the Assistant Secretary provided for under subparagraph (A) shall be the Assistant Secretary of Defense for Command, Control, and Communications and shall have as his principal duty the overall supervision of command, control, and communications affairs of the Department of Defense.”

Pub. L. 104–106, § 902(a)1996—Subsec. (a). , substituted “ten” for “eleven”.

Pub. L. 104–106, § 903(a)Jan. 31, 1997Pub. L. 104–201Subsec. (b). , (b), which directed the general amendment of subsec. (b), eff. , designating par. (1) as entire subsec. and striking out pars. (2) to (5), was repealed by .

Pub. L. 104–106, § 903(a)Jan. 31, 1997Pub. L. 104–201Subsec. (d). , (e)(2), which directed amendment of subsec. (d), eff. , by substituting “and the Under Secretaries of Defense” for “the Under Secretaries of Defense, and the Director of Defense Research and Engineering”, was repealed by .

Pub. L. 103–337, § 901(a)1994—Subsec. (a). , substituted “eleven” for “ten”.

Pub. L. 103–337, § 903(b)(2)Subsec. (d). , struck out “and Comptroller” after “Under Secretaries of Defense”.

Pub. L. 103–160, § 901(a)(1)section 136 of this title1993—, renumbered as this section.

Pub. L. 103–160, § 903(c)(1)Subsec. (a). , substituted “ten” for “eleven”.

Pub. L. 103–160, § 905Subsec. (b)(5). , added par. (5).

Pub. L. 103–160, § 901(c)Subsec. (d). , inserted “and Comptroller” after “Under Secretaries of Defense”.

Pub. L. 100–453Pub. L. 100–4561988—Subsec. (b)(3). and generally amended par. (3) identically. Prior to amendment, par. (3) read as follows: “One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence. He shall have as his principal duty the overall supervision of command, control, communications, and intelligence affairs of the Department of Defense.”

Pub. L. 100–1801987—Subsec. (b)(4). inserted at end “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.”

Pub. L. 99–433, § 110(d)(9)1986—, struck out “: appointment; powers and duties; precedence” at end of section catchline.

Pub. L. 99–433, § 106(a)(1)Subsec. (b)(2), (3). , (2), redesignated pars. (4) and (5) as pars. (2) and (3), respectively, and struck out former par. (2) relating to the Assistant Secretary of Defense for Health Affairs and former par. (3) relating to the Assistant Secretary of Defense for Manpower and Logistics.

Pub. L. 99–500Pub. L. 99–591Pub. L. 99–661Subsec. (b)(4). , , and , amended subsec. (b) identically, adding par. (4).

Pub. L. 99–433, § 106(a)(2), redesignated par. (4) as (2).

Pub. L. 99–433, § 106(a)(2)Subsec. (b)(5). , redesignated par. (5) as (3).

Pub. L. 99–433, § 106(a)(3)section 135 of this titleSubsec. (b)(6). , struck out par. (6) relating to Comptroller of Department of Defense. See .

Pub. L. 99–433, § 106(c)(1)(A)Subsec. (c)(1). , substituted “the Assistant Secretary” for “him”.

Pub. L. 99–433, § 106(c)(1)(B)Subsec. (c)(2). , struck out “, or his designee” after “concerned”.

Pub. L. 99–433, § 106(b)Subsecs. (d), (e). , (c)(2), (3), redesignated subsec. (e) as (d), substituted “the Under Secretaries of Defense, and the Director of Defense Research and Engineering” for “and the Under Secretaries of Defense”, inserted sentence directing that the Assistant Secretaries take precedence among themselves in the order prescribed by the Secretary of Defense, and struck out former subsec. (d) which directed the Secretary of each military department, his civilian assistants, and members of the armed forces under the jurisdiction of his department to cooperate fully with personnel of the Office of the Secretary of Defense to achieve efficient administration of the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense.

Pub. L. 98–94, § 1212(a)(1)1983—Subsec. (a). , substituted “eleven” for “seven”.

Pub. L. 98–94, § 1212(a)(2)(A)Subsec. (b)(1). , designated existing first sentence as par. (1).

Pub. L. 98–94, § 1212(a)(2)(B)Subsec. (b)(2). , designated existing second and third sentences as par. (2).

Pub. L. 98–94, § 1212(a)(2)(C)Subsec. (b)(3). , (D), designated existing fourth and fifth sentences as par. (3) and substituted “Logistics” for “Reserve Affairs” and “logistics” for “reserve component”.

Pub. L. 98–94, § 1212(a)(2)(E)Subsec. (b)(4), (5). , added pars. (4) and (5).

Pub. L. 98–94, § 1212(a)(2)(F)Subsec. (b)(6). , designated existing sixth sentence as par. (6), substituted “One of the Assistant Secretaries” for “In addition, one of the Assistant Secretaries”, redesignated pars. (1) to (5) as subpars. (A) to (E), respectively, redesignated former subpars. (A) to (D) as cls. (1) to (4), respectively, and in subpar. (E) substituted “clauses (A) through (D)” for “clauses (1)–(4)”.

Pub. L. 98–94, § 1212(a)(3)Subsec. (f). , struck out subsec. (f) which provided for appointment of a Deputy Assistant Secretary of Defense for Reserve Affairs within the Office of the Assistant Secretary of Defense for Manpower and Reserve Affairs. See subsec. (b)(4) of this section.

Pub. L. 96–1071979—Subsec. (a). substituted “seven” for “nine”.

Pub. L. 95–1401977—Subsec. (e). inserted “of Defense” after “Secretary” and substituted “Secretary of Defense” for “Secretaries of Defense” and “, and the Under Secretaries of Defense” for “, and the Director of Defense Research and Engineering”.

Pub. L. 92–5961972—Subsec. (e). substituted “Deputy Secretaries” for “Deputy Secretary”.

Pub. L. 92–2151971—Subsec. (a). substituted “nine” for “eight”.

Pub. L. 91–121, § 404(a)(1)1969—Subsec. (a). , substituted “eight” for “seven”.

Pub. L. 91–121, § 404(a)(2)Subsec. (b). , provided for an Assistant Secretary of Defense for Health Affairs having as his principal duty the overall supervision of health affairs of Department of Defense.

Pub. L. 90–168, § 2(1)1967—Subsec. (b). , inserted provisions for an Assistant Secretary of Defense for Manpower and Reserve Affairs with principal duty of overall supervision of manpower and reserve component affairs of Department of Defense.

Pub. L. 90–168, § 2(2)Subsec. (f). , added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

section 901(b) of Pub. L. 117–81Dec. 27, 2021section 901(g) of Pub. L. 117–81section 113 of this titleAmendment by applicable with respect to appointments made on or after , see , set out as a note under .

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title X, § 1081(b)Dec. 12, 2017131 Stat. 1597 Dec. 23, 2016, , , 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(j)(2)Dec. 19, 2014128 Stat. 3467 section 901(a)(1) of Pub. L. 113–291Feb. 1, 2017Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A)Dec. 12, 2017131 Stat. 1597 , , , which provided that the amendment made by section 901(j)(2)(D) is effective on the effective date specified in former , which was , was repealed by , , .

Effective Date of 2012 Amendment

Pub. L. 112–166Aug. 10, 2012section 6(a) of Pub. L. 112–166section 113 of Title 6Amendment by effective 60 days after , and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see , set out as a note under , Domestic Security.

Effective Date of 2011 Amendment

Pub. L. 111–383Jan. 1, 2011section 901(p) of Pub. L. 111–383section 131 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1983 Amendment

Pub. L. 98–94, title XII, § 1212(e)Sept. 24, 198397 Stat. 687

Effective Date of 1967 Amendment

Pub. L. 90–168, § 7Dec. 1, 196781 Stat. 526

Short Title of 1967 Amendment

Pub. L. 90–168, § 1Dec. 1, 196781 Stat. 521

Organizational Realignment With Respect to Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Policy and Programs; Limitation on Availability of Certain Funds

Pub. L. 119–60, div. A, title XVI, § 1635(a)Dec. 18, 2025139 Stat. 1187

Matters Relating to Assistant Secretary of Defense for Special Operations and Low Intensity Conflict

Pub. L. 118–159, div. A, title IX, § 907Dec. 23, 2024138 Stat. 2031

Principal Deputy Assistant Secretaries To Support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict

Pub. L. 118–31, div. A, title IX, § 905Dec. 22, 2023137 Stat. 364

DoD Directive on Responsibilities of ASD SOLIC

Pub. L. 116–283, div. A, title IX, § 902(c)Jan. 1, 2021134 Stat. 3797

Assignment of Responsibility for the Arctic Region Within the Office of the Secretary of Defense

Pub. L. 116–283, div. A, title IX, § 907Jan. 1, 2021134 Stat. 3799

Deadline 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

Pub. L. 115–232, div. A, title IX, § 917Aug. 13, 2018132 Stat. 1925

Limitation on Maximum Number of Deputy Assistant Secretaries of Defense

Pub. L. 115–91, div. A, title IX, § 908Dec. 12, 2017131 Stat. 1514 Dec. 12, 2017Pub. L. 117–263, div. A, title IX, § 901(c)(2)Dec. 23, 2022136 Stat. 2747 , , , which limited the maximum number of Deputy Assistant Secretaries of Defense to 48 after , was repealed by , , . See subsec. (e) of this section.

Redesignation of Assistant Secretary of Defense for Manpower and Reserve Affairs

Pub. L. 113–291, div. A, title IX, § 902(a)(1)Dec. 19, 2014128 Stat. 3469

Decrease in Number of Assistant Secretaries of Defense

Pub. L. 112–166, § 2(c)(1)(B)Aug. 10, 2012126 Stat. 1283

Charter of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict

Pub. L. 100–180, div. A, title XII, § 1211(a)(2)Dec. 4, 1987101 Stat. 1154

Temporary Increase in Number of Assistant Secretaries of Defense

Pub. L. 100–180, div. A, title XIII, § 1311Dec. 4, 1987101 Stat. 1174 Jan. 20, 1989, , , provided that until , the number of Assistant Secretaries of Defense authorized under subsec. (a) of this section and the number of positions at level IV of the Executive Schedule are each increased by one (to a total of 12).