Historical and Revision Notes | ||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
136(a) 136(b)
136(c)
136(d)
136(e) | 5:171c(c) (1st sentence). 5:171c(c) (1st 18 words of 2d sentence). 5:171c–2 (less 1st sentence). 5:171n(a) (as applicable to 5:172). 5:172. 5:171a(c)(7) (3rd sentence). 5:171a(c)(7) (less 1st 3 sentences). 5:171c(c) (less 1st sentence and less 1st 18 words of 2d sentence). | July 26, 1947, ch. 343, § 202(c)(7) (less 1st 2 sentences); added Aug. 6, 1958, Pub. L. 85–599, § 3(a) (8th par., less 1st 2 sentences), 72 Stat. 516. July 26, 1947, ch. 343, § 203(c); added Aug. 10, 1949, ch. 412, § 6(a), (2d par.), 63 Stat. 581; redesignated Aug. 6, 1958, Pub. L. 85–599, §§ 9(a) (1st par., as applicable to § 203(c)), 10(a), 72 Stat. 520, 521. |
|
| July 26, 1947, ch. 343, § 302 (less 1st sentence); restated Aug. 10, 1949, ch. 412, § 10(b) (less 1st sentence) restated Aug. 10, 1956, ch. 1041, § 21 (less 1st sentence), 70A Stat. 629. |
|
| July 26, 1947, ch. 343, § 308(a) (as applicable to § 401), 61 Stat. 509. |
|
| July 26, 1947, ch. 343, § 401; added Aug. 10, 1949, ch. 412, § 11 (1st 2 pars.), 63 Stat. 585. |
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.
The text of section 138a(b) and (c) of this title, which was transferred to subsec. (b)(7) of this section and amended by Pub. L. 113–291, § 901(h)(1)(C)–(E), was based on Pub. L. 106–65, div. A, title IX, § 911(b)(1),
The text of section 138b of this title, which was transferred to subsec. (b)(8) of this section and amended by Pub. L. 113–291, § 901(h)(2), was based on Pub. L. 87–651, title II, § 202,
The text of section 138d of this title, which was transferred to subsec. (b)(10) of this section and amended by Pub. L. 113–291, § 901(h)(3), was based on Pub. L. 100–180, div. A, title XII, § 1245(a)(1),
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
A prior section 138 was renumbered section 139 of this title.
Another prior section 138 was renumbered by Pub. L. 99–433 as follows:
Section 138(a) was renumbered section 114(a) of this title.
Section 138(b) was renumbered successively as section 114(b) and section 115(a) of this title.
Section 138(c) was renumbered successively as section 114(c) and section 115(b) of this title.
Section 138(d) was renumbered successively as section 114(d) and section 115(c) of this title.
Section 138(e) was renumbered successively as section 114(e) and section 116(a) of this title.
Section 138(f)(1) was renumbered successively as section 114(f)(1) and section 114(b) of this title.
Section 138(f)(2) was renumbered successively as section 114(f)(2) and section 116(b) of this title.
Section 138(g) was renumbered successively as section 114(g) and section 114(c) of this title.
Section 138(h) was renumbered successively as section 114(h) and section 113(i) of this title.
Section 138(i) was renumbered successively as section 114(i) and section 114(d) of this title.
2023—Subsec. (d). Pub. L. 118–31 struck out “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”.
2022—Subsec. (a)(1). Pub. L. 117–263, § 901(b)(1), substituted “19” for “15”.
Subsec. (b)(2)(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.
Subsec. (b)(2)(A)(ii)(III). 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.”
Subsec. (b)(3). 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”.
Subsec. (b)(4)(C). Pub. L. 117–263, § 901(d)(3), struck out subpar. (C) which read as follows: “perform such additional duties as the Secretary may prescribe.”
Subsec. (b)(6). 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—
“(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.”
Subsec. (b)(8). Pub. L. 117–263, § 901(a), added par. (8).
Subsec. (e). Pub. L. 117–263, § 901(c)(1), added subsec. (e).
2021—Subsec. (a)(1). Pub. L. 116–283, § 904(a), substituted “15” for “14”.
Pub. L. 116–283, § 903(a), substituted “14” for “13”.
Subsec. (b)(2). 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), and added subpar. (B).
Subsec. (b)(2)(A). 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.
Pub. L. 116–283, § 902(a)(2), substituted “section 167(k)” for “section 167(j)” in introductory provisions.
Subsec. (b)(2)(A)(i). Pub. L. 117–81, § 1081(a)(4), struck out semicolon before period at end.
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;”.
Subsec. (b)(6). Pub. L. 116–283, § 903(b), added par. (6).
Subsec. (b)(7). Pub. L. 116–283, § 904(b), added par. (7).
2019—Subsec. (b)(5). Pub. L. 116–92 added par. (5).
2018—Subsec. (d). 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,”.
2017—Subsec. (a)(1). Pub. L. 115–91, § 907(a), substituted “13” for “14”.
Subsec. (b)(2) to (6). 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:
“(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.”
Subsec. (d). Pub. L. 115–91, § 1081(b)(1)(A), repealed Pub. L. 113–291, § 901(j)(2)(D). See 2014 Amendment note below.
Pub. L. 115–91, § 906(d)(2), struck out “Principal” before “Deputy Under Secretaries of Defense”.
2016—Subsec. (b)(4). 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:
“(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:
“(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.
“(iii) Such other matters as may be specified by the Secretary and the Under Secretary.”
Subsec. (b)(6) to (10). 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 Defense for Research and Engineering, and Assistant Secretary of Defense for Energy, Installations, and Environment.
2015—Subsec. (b)(8). 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 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.”
Subsec. (b)(8)(A). 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 “such review and assessment” for “such reviews and assessments”.
Subsec. (b)(8)(B). Pub. L. 114–92, § 829(b), inserted “for which a Milestone B approval occurred during the preceding fiscal year” after “Department of Defense”.
2014—Subsec. (b)(2). 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 affairs of the Department of Defense.”
Subsec. (b)(7). 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, 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), transferred section 138a(b) of this title to subsec. (b)(7) of this section and inserted it after first sentence.
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 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 section 138a of this title.”
Subsec. (b)(8). 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 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), 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 have the duties specified in section 138b of this title.”
Subsec. (b)(9). 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), the Assistant Secretary of Defense for Operational Energy Plans and Programs shall have the duties specified in section 138c of this title.”
Subsec. (b)(10). 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), respectively.
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 Programs shall have the duties specified in section 138d of this title.”
Subsec. (d). 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).
2013—Subsec. (c)(3). 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.
2012—Subsec. (a)(1). Pub. L. 112–166 substituted “14” for “16”.
Subsec. (c)(3). Pub. L. 112–81 added par. (3).
2011—Subsec. (a)(1). Pub. L. 111–383, § 901(b)(4)(A)(i), substituted “16” for “12”.
Subsec. (a)(2). 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 subsection.”
Subsec. (b)(2) to (6). Pub. L. 111–383, § 901(b)(4)(B)(i), substituted “Secretaries is” for “Secretaries shall be”.
Subsec. (b)(7). 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.
Subsec. (b)(8) to (10). Pub. L. 111–383, § 901(b)(4)(B)(iii), added pars. (8) to (10).
Subsec. (d). 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 Research and Engineering”.
2009—Subsec. (a). 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.”
Subsec. (b)(6), (7). Pub. L. 111–84, § 906(b)(2)(B), added pars. (6) and (7).
2006—Subsec. (a). Pub. L. 109–364 substituted “ten” for “nine”.
2002—Subsec. (a). 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.
Subsec. (b)(3). Pub. L. 107–314, § 902(a), added par. (3).
Subsec. (b)(6). Pub. L. 107–314, § 902(c), 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).”
2001—Subsec. (a). 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.
2000—Subsec. (b)(6). Pub. L. 106–398 added par. (6).
1998—Subsec. (a). Pub. L. 105–261, § 901(a), substituted “nine” for “ten”.
Subsec. (b)(3). Pub. L. 105–261, § 902, 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.”
1996—Subsec. (a). Pub. L. 104–106, § 902(a), substituted “ten” for “eleven”.
Subsec. (b). Pub. L. 104–106, § 903(a), (b), which directed the general amendment of subsec. (b), eff.
Subsec. (d). Pub. L. 104–106, § 903(a), (e)(2), which directed amendment of subsec. (d), eff.
1994—Subsec. (a). Pub. L. 103–337, § 901(a), substituted “eleven” for “ten”.
Subsec. (d). Pub. L. 103–337, § 903(b)(2), struck out “and Comptroller” after “Under Secretaries of Defense”.
1993—Pub. L. 103–160, § 901(a)(1), renumbered section 136 of this title as this section.
Subsec. (a). Pub. L. 103–160, § 903(c)(1), substituted “ten” for “eleven”.
Subsec. (b)(5). Pub. L. 103–160, § 905, added par. (5).
Subsec. (d). Pub. L. 103–160, § 901(c), inserted “and Comptroller” after “Under Secretaries of Defense”.
1988—Subsec. (b)(3). 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 principal duty the overall supervision of command, control, communications, and intelligence affairs of the Department of Defense.”
1987—Subsec. (b)(4). 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 conflict official within the senior management of the Department of Defense.”
1986—Pub. L. 99–433, § 110(d)(9), struck out “: appointment; powers and duties; precedence” at end of section catchline.
Subsec. (b)(2), (3). 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 and Logistics.
Subsec. (b)(4). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, amended subsec. (b) identically, adding par. (4).
Pub. L. 99–433, § 106(a)(2), redesignated par. (4) as (2).
Subsec. (b)(5). Pub. L. 99–433, § 106(a)(2), redesignated par. (5) as (3).
Subsec. (b)(6). Pub. L. 99–433, § 106(a)(3), struck out par. (6) relating to Comptroller of Department of Defense. See section 135 of this title.
Subsec. (c)(1). Pub. L. 99–433, § 106(c)(1)(A), substituted “the Assistant Secretary” for “him”.
Subsec. (c)(2). Pub. L. 99–433, § 106(c)(1)(B), struck out “, or his designee” after “concerned”.
Subsecs. (d), (e). 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 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.
1983—Subsec. (a). Pub. L. 98–94, § 1212(a)(1), substituted “eleven” for “seven”.
Subsec. (b)(1). Pub. L. 98–94, § 1212(a)(2)(A), designated existing first sentence as par. (1).
Subsec. (b)(2). Pub. L. 98–94, § 1212(a)(2)(B), designated existing second and third sentences as par. (2).
Subsec. (b)(3). 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”.
Subsec. (b)(4), (5). Pub. L. 98–94, § 1212(a)(2)(E), added pars. (4) and (5).
Subsec. (b)(6). 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 (D) as cls. (1) to (4), respectively, and in subpar. (E) substituted “clauses (A) through (D)” for “clauses (1)–(4)”.
Subsec. (f). 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.
1979—Subsec. (a). Pub. L. 96–107 substituted “seven” for “nine”.
1977—Subsec. (e). 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”.
1972—Subsec. (e). Pub. L. 92–596 substituted “Deputy Secretaries” for “Deputy Secretary”.
1971—Subsec. (a). Pub. L. 92–215 substituted “nine” for “eight”.
1969—Subsec. (a). Pub. L. 91–121, § 404(a)(1), substituted “eight” for “seven”.
Subsec. (b). 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.
1967—Subsec. (b). 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.
Subsec. (f). Pub. L. 90–168, § 2(2), added subsec. (f).
Amendment by section 901(b) of Pub. L. 117–81 applicable with respect to appointments made on or after
Pub. L. 115–91, div. A, title X, § 1081(b),
Pub. L. 113–291, div. A, title IX, § 901(j)(2),
Amendment by Pub. L. 112–166 effective 60 days after
Amendment by Pub. L. 111–383 effective
Pub. L. 98–94, title XII, § 1212(e),
Pub. L. 90–168, § 7,
Pub. L. 90–168, § 1,
Pub. L. 118–31, div. A, title IX, § 905, “(1) one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (i) of section 138(b)(2)(A) of title 10, United States Code; and“(2) one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (ii) of that section.”
Pub. L. 116–283, div. A, title IX, § 902(c), “(1) Not later than 180 days after the date of the enactment of this Act [“(2) The directive required by paragraph (1) shall include the following:“(A) A specification of responsibilities for coordination on matters affecting the organization, training, and equipping of special operations forces.“(B) An identification and specification of updates to applicable documents and instructions of the Department of Defense.“(C) Mechanisms to ensure the inclusion of the Assistant Secretary in all Departmental governance forums affecting the organization, training, and equipping of special operations forces.“(D) Such other matters as the Secretary considers appropriate.“(3) The directive required by paragraph (1) shall apply throughout the Department of Defense to all components of the Department of Defense.“(4) Of the amounts authorized to be appropriated by this Act [see Tables for classification] for fiscal year 2021 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary publishes the directive required by paragraph (1).”
Pub. L. 116–283, div. A, title IX, § 907,
Pub. L. 115–232, div. A, title IX, § 917,
Pub. L. 115–91, div. A, title IX, § 908,
Pub. L. 113–291, div. A, title IX, § 902(a)(1),
Pub. L. 112–166, § 2(c)(1)(B)–(D), “(B) The Assistant Secretary of Defense positions eliminated in accordance with the reduction in numbers required by the amendment made by subparagraph (A) [amending this section] shall be—“(i) the Assistant Secretary of Defense for Networks and Information Integration; and“(ii) the Assistant Secretary of Defense for Public Affairs.“(C) Notwithstanding the requirements of this paragraph, any individual serving in a position described under subparagraph (B) on the date of the enactment of this Act [“(D) Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall report to the congressional defense committees on his plan for successor positions, not subject to Senate confirmation, for the positions eliminated in accordance with the requirements of this paragraph.”
Pub. L. 100–180, div. A, title XII, § 1211(a)(2)–(5), “(2) The Secretary of Defense shall publish a directive setting forth the charter of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict not later than 30 days after the date of the enactment of this Act [“(A) the duties and responsibilities of the Assistant Secretary;“(B) the relationships between the Assistant Secretary and other Department of Defense officials;“(C) any delegation of authority from the Secretary of Defense to the Assistant Secretary; and“(D) such other matters as the Secretary considers appropriate.“(3) On the date that such directive is published, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—“(A) a copy of the directive; and“(B) a report explaining how the charter of the Assistant Secretary fulfills the provisions of section 136(b)(4) [now 138(b)(4)] of title 10, United States Code (as amended by paragraph (1)), that provide that the Assistant Secretary—“(i) exercises overall supervision of special operations activities and low intensity conflict activities of the Department of Defense;“(ii) is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters; and“(iii) is the principal special operations and low intensity conflict official (after the Secretary and Deputy Secretary) within the senior management of the Department of Defense.“(4)(A) Until the office of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict is filled for the first time by a person appointed from civilian life by the President, by and with the advice and consent of the Senate, the Secretary of the Army shall carry out the duties and responsibilities of that office.“(B) Throughout the period of time during which the Secretary of the Army is carrying out the duties and responsibilities of that office, he shall submit to the Committees on Armed Services of the Senate and House of Representatives a monthly report on the administrative actions that he has taken and the policy guidance that he has issued to carry out such duties and responsibilities. Each such report shall also describe the actions that he intends to take and the guidance that he intends to issue to fulfill the provisions of section 136(b)(4) [now 138(b)(4)] of title 10, United States Code (as amended by paragraph (1)), along with a timetable for completion of such actions and issuance of such guidance. The first such report shall be submitted not later than 30 days after the date of the enactment of this Act [“(5) Until the first individual appointed to the position of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict by the President, by and with the advice and consent of the Senate, leaves that office, that Assistant Secretary (and the Secretary of the Army when carrying out the duties and responsibilities of the Assistant Secretary) shall, with respect to the duties and responsibilities of that office, report directly, without intervening review or approval, to the Secretary of Defense personally or, as designated by the Secretary, to the Deputy Secretary of Defense personally.”
Pub. L. 100–180, div. A, title XIII, § 1311,