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10 U.S.C. § 138 — Assistant Secretaries of Defense
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(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.
**(b)**
(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.
(2)
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section167/k&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid
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Source location: Title 10, Chapter 4, § 138; chapter-004-office-of-the-secretary-of-defense.md
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**(a)**
(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.
**(b)**
(1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.
(2)
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section167/k&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section167/f&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section167/k&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section499c/d&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section179&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section499c&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section133b/b/10&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section392a/a&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section131/b/4&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; Membership.—** There is a Nuclear Weapons Council (hereinafter in this section referred to as the “Council”) operated as a joint activity of the Department of Defense and the Department of Energy. The Council shall be the primary mechanism for integrating, streamlining, and ensuring unity of purpose and direction for nuclear deterrence related activities within the Department of Defense and the Department of Energy. The membership of the Council is comprised of the following officers of those departments:
(1) The Under Secretary of Defense for Acquisition and Sustainment.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Under Secretary for Nuclear Security of the Department of Energy.
(4) The Under Secretary of Defense for Research and Engineering.
(5) The Under Secretary of Defense for Policy.
(6) The Commander of the United States Strategic Command.
**(b) Chairman; Meetings.—**
(1) Except as provided in paragraph (2), the Chairman of the Council shall be the member designated under subsection (a)(1).
(2) A meeting of the Council shall be chaired by the Under Secretary for Nuclear Security of the Department of Energy whenever the matter under consideration is within the primary responsibility or concern of the Department of Energy, as determined by majority vote of the Council.
(3) The Council shall meet not less often than once every three months. To the extent possible, not later than seven days before a meeting, the Chairman shall disseminate to each member of the Council the agenda and documents for such meeting.
**(c) Staff and Administrative Services; Staff Director.—**
(1) The Secretary of Defense and the Secretary of Energy shall enter into an agreement with the Council to furnish necessary staff and administrative se
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 179
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 110–417, [div. A], title IX, § 902(a), Oct. 14, 2008, 122 Stat. 4564, § 139b; renumbered § 138c and amended Pub. L. 111–383, div. A, title IX, § 901(b)(7), (k)(1)(C), Jan. 7, 2011, 124 Stat. 4320, 4325; Pub. L. 112–81, div. A, title III, § 311, Dec. 31, 2011, 125 Stat. 1351; Pub. L. 112–239, div. A, title X, § 1076(f)(3), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 113–66, div. A, title III, § 311, Dec. 26, 2013, 127 Stat. 728; Pub. L. 113–291, div. A, title IX, § 901(g)(1)(B), (D), Dec. 19, 2014, 128 Stat. 3464, 3465, related to Assistant Secretary of Defense for Operational Energy Plans and Programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 138c
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carrying out the Secretary’s duties and responsibilities and to carry out such other duties as may be prescribed by law.
**(b)** The Office of the Secretary of Defense is composed of the following:
(1) The Deputy Secretary of Defense.
(2) Repealed. Pub. L. 116–283, div. A, title IX, § 901(a)(2)(A), Jan. 1, 2021, 134 Stat. 3794.]
(3) The Under Secretaries of Defense, as follows:
(A) The Under Secretary of Defense for Research and Engineering.
(B) The Under Secretary of Defense for Acquisition and Sustainment.
(C) The Under Secretary of Defense for Policy.
(D) The Under Secretary of Defense (Comptroller).
(E) The Under Secretary of Defense for Personnel and Readiness.
(F) The Under Secretary of Defense for Intelligence and Security.
(4) Other officers who are appointed by the President, by and with the advice and consent of the Senate, and who report directly to the Secretary and Deputy Secretary without intervening authority, as follows:
(A) The Director of Cost Assessment and Program Evaluation.
(B) The Director of Operational Test and Evaluation.
(C) The General Counsel of the Department of Defense.
(D) The Inspector General of the Department of Defense.
(5) The Chief Information Officer of the Department of Defense, who reports directly to the Secretary and Deputy Secretary without intervening authority.
(6) The Deputy Under Secretaries of Defense.
(7) The Assistant Secretaries of Defense.
(8) Other officials provided for by law, as follows:
(A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under [section 139a(c) of this t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 131
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Federal law — U.S. Code and appendices · legal_authorities
Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5315
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is an Under Secretary of Defense for Personnel and Readiness, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
**(b)** Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness shall perform such duties and exercise such powers as the Secretary of Defense may prescribe in the areas of military readiness, total force management, military and civilian personnel requirements, military and civilian personnel training, military and civilian family matters, exchange, commissary, and nonappropriated fund activities, personnel requirements for weapons support, National Guard and reserve components, and health affairs.
**(c)** The Under Secretary of Defense for Personnel and Readiness takes precedence in the Department of Defense after the Under Secretary of Defense (Comptroller).
**(d)** The Under Secretary of Defense for Personnel and Readiness is responsible, subject to the authority, direction, and control of the Secretary of Defense, for the monitoring of the operations tempo and personnel tempo of the armed forces. The Under Secretary shall establish, to the extent practicable, uniform standards within the Department of Defense for terminology and policies relating to deployment of units and personnel away from their assigned duty stations (including the length of time units or personnel may be away for such a deployment) and shall establish uniform reporting systems for tracking deployments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 136
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretariat for Special Operations.—**
(1) **In general.—** — In order to fulfill the responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict specified in [section 138(b)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section138/b/2/A/i&num=0&edition=prelim), there shall be within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict an office to be known as the “Secretariat for Special Operations”.
(2) **Purpose.—** — The purpose of the Secretariat is to assist the Assistant Secretary in exercising authority, direction, and control with respect to the special operations-peculiar administration and support of the special operations command, including the readiness and organization of special operations forces, resources and equipment, and civilian personnel as specified in such section.
(3) **Director.—** — The Director of the Secretariat for Special Operations shall be appointed by the Secretary of Defense from among individuals qualified to serve as the Director. An individual serving as Director shall, while so serving, be a member of the Senior Executive Service.
(4) **Administrative chain of command.—** — For purposes of the support of the Secretariat for the Assistant Secretary in the fulfillment of the responsibilities referred to in paragraph (1), the administrative chain of command is as specified in [section 167(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section167/f&num=0&edition=prelim). Unless otherwise directed by the President, no officer below the Secretary of Defense (other than the Assistant Secretary) may intervene to exercise authority, direction, or control o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 139b
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of this chapter, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this chapter to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall—
(1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and
(2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year.
However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required membership in the National Guard.
**(b)** An assembly for drill and instruction may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those organizations. However, to have a series of formations credited as an assembly for drill and instruction, all parts of the unit must be included in the series within 90 consecutive days.
**(c)** The total attendance at the series of formations constituting an assembly shall be counted as the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations that he attends during the series constituting the assembly for the required period.
**(d)** No organization may receive credit for an assembly for drill or indoor target practice unless—
(1) the number of members present equals or exceeds the minimum number prescribed by the President;
(2) the period of mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 502
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under [section 161 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section161&num=0&edition=prelim) a unified combatant command for special operations forces (hereinafter in this section referred to as the “special operations command”). The principal function of the command is to prepare special operations forces to carry out assigned missions.
**(b) Assignment of Forces.—** Unless otherwise directed by the Secretary of Defense, all active and reserve special operations forces of the armed forces stationed in the United States shall be assigned to the special operations command.
**(c) Grade of Commander.—** The commander of the special operations command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating his permanent grade. The commander of such command shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position.
**(d) Command of Activity or Mission.—**
(1) Unless otherwise directed by the President or the Secretary of Defense, a special operations activity or mission shall be conducted under the command of the commander of the unified combatant command in whose geographic area the activity or mission is to be conducted.
(2) The commander of the special operations command shall exercise command of a selected special operations mission if directed to do so by the President or the Secretary of Defense.
**(e) Authority of Combatant Commander.—**
(1) In addition to the authority prescribed in [section 164(c) of this tit
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 167
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