
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 901(c)(1)]
[CITE: 10USC138]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
              CHAPTER 4--OFFICE OF THE SECRETARY OF DEFENSE
 
Sec. 138. Assistant Secretaries of Defense

    (a) There are nine Assistant Secretaries of Defense, 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) One of the Assistant Secretaries shall be 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.
    [(3) Repealed. Pub. L. 105-261, div. A, title IX, Sec. 902, Oct. 17, 
1998, 112 Stat. 2091.]
    (4) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Special Operations and Low Intensity Conflict. 
He shall have as his principal duty the overall supervision (including 
oversight of policy and resources) of special operations activities (as 
defined in section 167(j) of this title) and low intensity conflict 
activities of the Department of Defense. The Assistant Secretary is the 
principal civilian adviser to the Secretary of Defense on special 
operations and low intensity conflict matters and (after the Secretary 
and Deputy Secretary) is the principal special operations and low 
intensity conflict official within the senior management of the 
Department of Defense.
    (5) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Legislative Affairs. He shall have as his 
principal duty the overall supervision of legislative affairs of the 
Department of Defense.
    (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).
    (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, and the Director of Defense Research and Engineering. The 
Assistant Secretaries take precedence among themselves in the order 
prescribed by the Secretary of Defense.

(Added Pub. L. 87-651, title II, Sec. 202, Sept. 7, 1962, 76 Stat. 518, 
Sec. 136; amended Pub. L. 90-168, Sec. 2(1), (2), Dec. 1, 1967, 81 Stat. 
521; Pub. L. 91-121, title IV, Sec. 404(a), Nov. 19, 1969, 83 Stat. 207; 
Pub. L. 92-215, Sec. 1, Dec. 22, 1971, 85 Stat. 777; Pub. L. 92-596, 
Sec. 4(2), Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95-140, Sec. 3(a), Oct. 
21, 1977, 91 Stat. 1173; Pub. L. 96-107, title VIII, Sec. 820(a), Nov. 
9, 1979, 93 Stat. 819; Pub. L. 98-94, title XII, Sec. 1212(a), Sept. 24, 
1983, 97 Stat. 686; Pub. L. 99-433, title I, Secs. 106, 110(d)(9), Oct. 
1, 1986, 100 Stat. 997, 1003; Pub. L. 99-500, Sec. 101(c) [title IX, 
Sec. 9115(a)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-122, and Pub. L. 
99-591, Sec. 101(c) [title IX, Sec. 9115(a)], Oct. 30, 1986, 100 Stat. 
3341-82, 3341-122; Pub. L. 99-661, div. A, title XIII, Sec. 1311(a), 
Nov. 14, 1986, 100 Stat. 3983; Pub. L. 100-180, div. A, title XII, 
Sec. 1211(a)(1), Dec. 4, 1987, 101 Stat. 1154; Pub. L. 100-453, title 
VII, Sec. 702, Sept. 29, 1988, 102 Stat. 1912; Pub. L. 100-456, div. A, 
title VII, Sec. 701, Sept. 29, 1988, 102 Stat. 1992; renumbered Sec. 138 
and amended Pub. L. 103-160, div. A, title IX, Secs. 901(a)(1), (c), 
903(c)(1), 905, Nov. 30, 1993, 107 Stat. 1726, 1727, 1729; Pub. L. 103-
337, div. A, title IX, Secs. 901(a), 903(b)(2), Oct. 5, 1994, 108 Stat. 
2822, 2823; Pub. L. 104-106, div. A, title IX, Secs. 902(a), 903(b), 
(e)(2), Feb. 10, 1996, 110 Stat. 401, 402; Pub. L. 104-201, div. A, 
title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 105-261, 
div. A, title IX, Secs. 901(a), 902, Oct. 17, 1998, 112 Stat. 2091; Pub. 
L. 106-398, Sec. 1 [[div. A], title IX, Sec. 901], Oct. 30, 2000, 114 
Stat. 1654, 1654A-223.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
136(a)................................  5:171c(c) (1st sentence).            Ju
ly 26, 1947, ch. 343, Sec.
136(b)................................  5:171c(c) (1st 18 words of 2d         2
02(c)(7) (less 1st 2 sentences);
                                         sentence).                           a
dded Aug. 6, 1958, Pub. L. 85-
                                        5:171c-2 (less 1st sentence).         5
99, Sec.  3(a) (8th par., less
                                        5:171n(a) (as applicable to 5:172).   1
st 2 sentences), 72 Stat. 516.
                                        5:172.                               Ju
ly 26, 1947, ch. 343, Sec.
                                        5:171a(c)(7) (3rd sentence).          2
03(c); added Aug. 10, 1949, ch.
                                        5:171a(c)(7) (less 1st 3              4
12, Sec.  6(a), (2d par.), 63
136(c)................................   sentences).                          S
tat. 581; redesignated Aug. 6,
                                        5:171c(c) (less 1st sentence and      1
958, Pub. L. 85-599, Secs.  9(a)
136(d)................................   less 1st 18 words of 2d sentence).   (
1st par., as applicable to Sec.
                                                                              2
03(c)), 10(a), 72 Stat. 520, 521.
136(e)................................
                                        ...................................  Ju
ly 26, 1947, ch. 343, Sec.  302
                                                                              (
less 1st sentence); restated Aug.
                                                                              1
0, 1949, ch. 412, Sec.  10(b)
                                                                              (
less 1st sentence) restated Aug.
                                                                              1
0, 1956, ch. 1041, Sec.  21 (less
                                                                              1
st sentence), 70A Stat. 629.
                                        ...................................  Ju
ly 26, 1947, ch. 343, Sec.
                                                                              3
08(a) (as applicable to Sec.
                                                                              4
01), 61 Stat. 509.
                                        ...................................  Ju
ly 26, 1947, ch. 343, Sec.  401;
                                                                              a
dded Aug. 10, 1949, ch. 412, Sec.
                                                                               
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.

                          Codification

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


                            Prior Provisions

    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.


                               Amendments

    2000--Subsec. (b)(6). Pub. L. 106-398 added par. (6).
    1998--Subsec. (a). Pub. L. 105-261, Sec. 901(a), substituted 
``nine'' for ``ten''.
    Subsec. (b)(3). Pub. L. 105-261, Sec. 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, Sec. 902(a), substituted ``ten'' 
for ``eleven''.
    Subsec. (b). Pub. L. 104-106, Sec. 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.
    Subsec. (d). Pub. L. 104-106, Sec. 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.
    1994--Subsec. (a). Pub. L. 103-337, Sec. 901(a), substituted 
``eleven'' for ``ten''.
    Subsec. (d). Pub. L. 103-337, Sec. 903(b)(2), struck out ``and 
Comptroller'' after ``Under Secretaries of Defense''.
    1993--Pub. L. 103-160, Sec. 901(a)(1), renumbered section 136 of 
this title as this section.
    Subsec. (a). Pub. L. 103-160, Sec. 903(c)(1), substituted ``ten'' 
for ``eleven''.
    Subsec. (b)(5). Pub. L. 103-160, Sec. 905, added par. (5).
    Subsec. (d). Pub. L. 103-160, Sec. 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, Sec. 110(d)(9), struck out ``: appointment; 
powers and duties; precedence'' at end of section catchline.
    Subsec. (b)(2), (3). Pub. L. 99-433, Sec. 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, Sec. 106(a)(2), redesignated par. (4) as (2).
    Subsec. (b)(5). Pub. L. 99-433, Sec. 106(a)(2), redesignated par. 
(5) as (3).
    Subsec. (b)(6). Pub. L. 99-433, Sec. 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, Sec. 106(c)(1)(A), substituted ``the 
Assistant Secretary'' for ``him''.
    Subsec. (c)(2). Pub. L. 99-433, Sec. 106(c)(1)(B), struck out ``, or 
his designee'' after ``concerned''.
    Subsecs. (d), (e). Pub. L. 99-433, Sec. 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, Sec. 1212(a)(1), substituted 
``eleven'' for ``seven''.
    Subsec. (b)(1). Pub. L. 98-94, Sec. 1212(a)(2)(A), designated 
existing first sentence as par. (1).
    Subsec. (b)(2). Pub. L. 98-94, Sec. 1212(a)(2)(B), designated 
existing second and third sentences as par. (2).
    Subsec. (b)(3). Pub. L. 98-94, Sec. 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, Sec. 1212(a)(2)(E), added pars. 
(4) and (5).
    Subsec. (b)(6). Pub. L. 98-94, Sec. 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, Sec. 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, Sec. 404(a)(1), substituted 
``eight'' for ``seven''.
    Subsec. (b). Pub. L. 91-121, Sec. 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, Sec. 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, Sec. 2(2), added subsec. (f).


                    Effective Date of 1983 Amendment

    Section 1212(e) of Pub. L. 98-94 provided that: ``The amendments 
made by this section [amending this section, sections 175, 3013, and 
5034 of this title, and section 5315 of Title 5, Government Organization 
and Employees] shall take effect on October 1, 1983.''


                    Effective Date of 1967 Amendment

    Section 7 of Pub. L. 90-168 provided that: ``The provisions of this 
Act [see Short Title of 1967 Amendment note below] shall become 
effective on the first day of the first calendar month following the 
date of enactment [Dec. 1, 1967].''


                      Short Title of 1967 Amendment

    Section 1 of Pub. L. 90-168 provided: ``That this Act [amending this 
section, sections 175, 262, 264, 268, 269, 270, 511 [now 12103], 3014, 
5034, 8014, and 8850 of this title, section 502 of Title 32, National 
Guard, and section 404 of Title 37, Pay and Allowances of the Uniformed 
Services, enacting sections 3021 [now 10302], 3038, 8021 [now 10305], 
and 8038 of this title, enacting provisions set out as notes under this 
section and section 8212 of this title, and amending provisions set out 
as a note under section 113 of this title] may be cited as the `Reserve 
Forces Bill of Rights and Vitalization Act'.''


                           Order of Succession

    For order of succession in event of death, disability, or 
resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 
18483, set out as a note under section 3345 of Title 5, Government 
Organization and Employees.


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

    Section 1211(a)(2)-(5) of Pub. L. 100-180 provided that:
    ``(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 [Dec. 4, 1987]. The directive shall 
set forth--
        ``(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 [Dec. 4, 1987].
    ``(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.''


    Temporary Increase in Number of Assistant Secretaries of Defense

    Section 1311 of Pub. L. 100-180 provided that until Jan. 20, 1989, 
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).

                  Section Referred to in Other Sections

    This section is referred to in section 10201 of this title.
