10 U.S.C. 138: Assistant Secretaries of Defense

2024

• Pub. L. 118–159, §1621(a), 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 issue… (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (b)
• Pub. L. 118–159, §904, substituted "62" for "60". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (e)

2023

• Pub. L. 118–31 struck out "the Chief Management Officer of the Department of Defense," after "the Deputy Secretary of Defense,". (National Defense Authorization Act for Fiscal Year 2024) Law text · (d)

2022

• Pub. L. 117–263, §901(b)(1), substituted "19" for "15". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (a)
• Pub. L. 117–263, §901(d)(1)(A), substituted "The principal duty of the Assistant Secretary shall be" for "He shall have as his principal duty" in introductory provisions. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (b)
• Pub. L. 117–263, §901(d)(1)(B), struck out subcl. (III) which read as follows: "Such other matters as may be specified by the Secretary and the Under Secretary." (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (b)
• Pub. L. 117–263, §901(d)(2), substituted "The principal duty of the Assistant Secretary shall be" for "He shall have as his principal duty". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (b)
• Pub. L. 117–263, §901(d)(3), struck out subpar. (C) which read as follows: "perform such additional duties as the Secretary may prescribe." (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (b)
• Pub. L. 117–263, §901(d)(4), substituted "shall advise the Under Secretary of Defense for Acquisition and Sustainment on industrial base policies." for "shall— (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (b)
• Pub. L. 117–263, §901(a), added par. (8). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (b)
• Pub. L. 117–263, §901(c)(1), added subsec. (e). (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (e)

2021

• Pub. L. 116–283, §904(a), substituted "15" for "14". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (a)
• Pub. L. 116–283, §903(a), substituted "14" for "13". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (a)
• Pub. L. 116–283, §902(a)(1)(A)–(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), … (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)
• Pub. L. 117–81, §901(b), 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. (National Defense Authorization Act for Fiscal Year 2022) Law text · (b)
• Pub. L. 116–283, §902(a)(2), substituted "section 167(k)" for "section 167(j)" in introductory provisions. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)
• Pub. L. 117–81, §1081(a)(4), struck out semicolon before period at end. (National Defense Authorization Act for Fiscal Year 2022) Law text · (b)
• Pub. L. 116–283, §902(a)(1)(D), inserted before period at end "through the administrative chain of command specified in section 167(f) of this title;". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)
• Pub. L. 116–283, §903(b), added par. (6). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)
• Pub. L. 116–283, §904(b), added par. (7). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)

2019

• Pub. L. 116–92 added par. (5). (National Defense Authorization Act for Fiscal Year 2020) Law text · (b)

2018

• Pub. L. 115–232 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,". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (d)

2017

• Pub. L. 115–91, §907(a), substituted "13" for "14". (National Defense Authorization Act for Fiscal Year 2018) Law text · (a)
• Pub. L. 115–91, §907(b), redesignated pars. (4) to (6) as (2) to (4), respectively, and struck out former pars. (2) and (3) which read as follows: (National Defense Authorization Act for Fiscal Year 2018) Law text · (b)
• Pub. L. 115–91, §1081(b)(1)(A), repealed Pub. L. 113–291, §901(j)(2)(D). See 2014 Amendment note below. (National Defense Authorization Act for Fiscal Year 2018) Law text · (d)
• Pub. L. 115–91, §906(d)(2), struck out "Principal" before "Deputy Under Secretaries of Defense". (National Defense Authorization Act for Fiscal Year 2018) Law text · (d)

2016

• Pub. L. 114–328, §922(a), inserted at end "Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall do the following: (National Defense Authorization Act for Fiscal Year 2017) Law text · (b)
• Pub. L. 114–328, §901(e)(1), 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 Defens… (National Defense Authorization Act for Fiscal Year 2017) Law text · (b)

2015

• Pub. L. 114–92, §1078(a), 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 … (National Defense Authorization Act for Fiscal Year 2016) Law text · (b)
• Pub. L. 114–92, §829(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 "suc… (National Defense Authorization Act for Fiscal Year 2016) Law text · (b)
• Pub. L. 114–92, §829(b), inserted "for which a Milestone B approval occurred during the preceding fiscal year" after "Department of Defense". (National Defense Authorization Act for Fiscal Year 2016) Law text · (b)

2014

• Pub. L. 113–291, §902(a)(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 affair… (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §901(h)(1)(D), (E), transferred section 138a(c) of this title 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, no… (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §901(h)(1)(C), transferred section 138a(b) of this title to subsec. (b)(7) of this section and inserted it after first sentence. (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §901(h)(1)(A), (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 t… (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §901(h)(2)(C)–(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 Secr… (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• 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." (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §901(h)(2)(A), inserted text of section 138b(a) of this title 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 ha… (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §901(f), 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),… (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §901(h)(3)(B), inserted text of section 138d(a) of this title 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), respec… (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §901(h)(3)(A), 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 Prog… (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §901(j)(2)(D), which directed striking out "the Deputy Chief Management Officer of the Department of Defense,", was repealed by Pub. L. 115–91, §1081(b)(1)(A). (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (d)

2013

• Pub. L. 112–239 transferred subsec. (c)(3), relating to responsibilities of the Assistant Secretary of Defense for Operational Energy Plans and Programs regarding alternative fuel, to section 138c(c)(3) of this title. (National Defense Authorization Act for Fiscal Year 2013) Law text · (c)

2012

• Pub. L. 112–166 substituted "14" for "16". (Presidential Appointment Efficiency and Streamlining Act of 2011) Law text · (a)
• Pub. L. 112–81 added par. (3). (National Defense Authorization Act for Fiscal Year 2012) Law text · (c)

2011

• Pub. L. 111–383, §901(b)(4)(A)(i), substituted "16" for "12". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (a)
• Pub. L. 111–383, §901(b)(4)(A)(ii), 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 … (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (a)
• Pub. L. 111–383, §901(b)(4)(B)(i), substituted "Secretaries is" for "Secretaries shall be". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (b)
• Pub. L. 111–383, §901(b)(4)(B)(ii), struck out "appointed pursuant to section 138a of this title" before period at end of first sentence. (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (b)
• Pub. L. 111–383, §901(b)(4)(B)(iii), added pars. (8) to (10). (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (b)
• Pub. L. 111–383, §901(b)(4)(C), substituted "the Deputy Chief Management Officer of the Department of Defense, the officials serving in positions specified in section 131(b)(4) of this title, and the Principal Deputy Under Secretaries of Defense" for "and the Director of Defense Resear… (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (d)

2009

• Pub. L. 111–84, §906(b)(2)(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." (National Defense Authorization Act for Fiscal Year 2010) Law text · (a)
• Pub. L. 111–84, §906(b)(2)(B), added pars. (6) and (7). (National Defense Authorization Act for Fiscal Year 2010) Law text · (b), (7)

2006

• Pub. L. 109–364 substituted "ten" for "nine". (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (a)

2002

• Pub. L. 107–314, §902(d), which directed the repeal of Pub. L. 107–107, §901(c), was executed by substituting "nine" for "eight" to reflect the probable intent of Congress. See 2001 Amendment note below. (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (a)
• Pub. L. 107–314, §902(a), added par. (3). (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (b)
• Pub. L. 107–314, §902(c), struck out par. (6) which read as follows: (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (b)

2001

• Pub. L. 107–107, which substituted "eight Assistant Secretaries of Defense" for "nine Assistant Secretaries of Defense", was repealed by Pub. L. 107–314, §902(d). See 2002 Amendment note above. (National Defense Authorization Act for Fiscal Year 2002) Law text · (a)

2000

• Pub. L. 106–398 added par. (6). (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (b)

1998

• Pub. L. 105–261, §901(a), substituted "nine" for "ten". (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (a)
• Pub. L. 105–261, §902, struck out par. (3) which read as follows: (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (b)

1996

• Pub. L. 104–106, §902(a), substituted "ten" for "eleven". (National Defense Authorization Act for Fiscal Year 1996) Law text · (a)
• Pub. L. 104–106, §903(a), (b), which directed the general amendment of subsec. (b), eff. Jan. 31, 1997, designating par. (1) as entire subsec. and striking out pars. (2) to (5), was repealed by Pub. L. 104–201. (National Defense Authorization Act for Fiscal Year 1996) Law text · (b)
• Pub. L. 104–106, §903(a), (e)(2), which directed amendment of subsec. (d), eff. Jan. 31, 1997, 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. 104–201. (National Defense Authorization Act for Fiscal Year 1996) Law text · (d)

1994

• Pub. L. 103–337, §901(a), substituted "eleven" for "ten". · (a)
• Pub. L. 103–337, §903(b)(2), struck out "and Comptroller" after "Under Secretaries of Defense". · (d)

1993

• Pub. L. 103–160, §901(a)(1), renumbered section 136 of this title as this section.
• Pub. L. 103–160, §903(c)(1), substituted "ten" for "eleven". · (a)
• Pub. L. 103–160, §905, added par. (5). · (b)
• Pub. L. 103–160, §901(c), inserted "and Comptroller" after "Under Secretaries of Defense". · (d)

1988

• Pub. L. 100–453 and Pub. L. 100–456 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 princi… · (b)

1987

• Pub. L. 100–180 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 confli… · (b)

1986

• Pub. L. 99–433, §110(d)(9), struck out ": appointment; powers and duties; precedence" at end of section catchline.
• Pub. L. 99–433, §106(a)(1), (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 a… · (b), (3)
• Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, amended subsec. (b) identically, adding par. (4). · (b)
• Pub. L. 99–433, §106(a)(2), redesignated par. (4) as (2). · (b)
• Pub. L. 99–433, §106(a)(2), redesignated par. (5) as (3). · (b)
• Pub. L. 99–433, §106(a)(3), struck out par. (6) relating to Comptroller of Department of Defense. See section 135 of this title. · (b)
• Pub. L. 99–433, §106(c)(1)(A), substituted "the Assistant Secretary" for "him". · (c)
• Pub. L. 99–433, §106(c)(1)(B), struck out ", or his designee" after "concerned". · (c)
• Pub. L. 99–433, §106(b), (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 … · (d), (e)

1983

• Pub. L. 98–94, §1212(a)(1), substituted "eleven" for "seven". · (a)
• Pub. L. 98–94, §1212(a)(2)(A), designated existing first sentence as par. (1). · (b)
• Pub. L. 98–94, §1212(a)(2)(B), designated existing second and third sentences as par. (2). · (b)
• Pub. L. 98–94, §1212(a)(2)(C), (D), designated existing fourth and fifth sentences as par. (3) and substituted "Logistics" for "Reserve Affairs" and "logistics" for "reserve component". · (b)
• Pub. L. 98–94, §1212(a)(2)(E), added pars. (4) and (5). · (b), (5)
• Pub. L. 98–94, §1212(a)(2)(F), 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 … · (b)
• Pub. L. 98–94, §1212(a)(3), 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. · (f)

1979

• Pub. L. 96–107 substituted "seven" for "nine". · (a)

1977

• Pub. L. 95–140 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". · (e)

1972

• Pub. L. 92–596 substituted "Deputy Secretaries" for "Deputy Secretary". · (e)

1971

• Pub. L. 92–215 substituted "nine" for "eight". · (a)

1969

• Pub. L. 91–121, §404(a)(1), substituted "eight" for "seven". · (a)
• Pub. L. 91–121, §404(a)(2), 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. · (b)

1967

• Pub. L. 90–168, §2(1), 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. · (b)
• Pub. L. 90–168, §2(2), added subsec. (f). · (f)