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

There are 20 Assistant Secretaries of Defense. The Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. 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 . Irregular warfare, combating terrorism, and the special operations activities specified by section 167(k) of this title . Integrating the functional activities of the headquarters of the Department to most efficiently and effectively provide for required special operations forces and capabilities. 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. 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. 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 ; 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; serve as the Staff Director of the Nuclear Weapons Council established by section 179 of this title ; serve as the principal Department of Defense civilian responsible for oversight of portfolio management for nuclear forces established by section 499c of this title ; serve as the principal interface with the Department of Energy on issues relating to nuclear fuels; in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, advise the Secretary of Defense on nuclear energy matters; and 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. 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). 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. 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. 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 . 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. 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 . the Secretary of Defense has specifically delegated that authority to the Assistant Secretary in writing; and the order is issued through the Secretary of the military department concerned. 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 , and the Deputy Under Secretaries of Defense. The Assistant Secretaries take precedence among themselves in the order prescribed by the Secretary of Defense. The number of Deputy Assistant Secretaries of Defense may not exceed 62. dedicated nuclear weapons platforms and delivery systems; and nuclear command, control, and communications (hereinafter ‘NC3’) systems; capable of employing both conventional and nuclear weapons; and hosting NC3 systems; and capable of employing both conventional and nuclear weapons; and hosting NC3 systems.” special operations budgeting and programming, legislative affairs, operations, personnel, and public affairs activities; and protocols for participation in decision-making fora of the Department involving special operations forces; develop a long-term staffing plan for the Secretariat for Special Operations established under section 139b(a) of title 10 , United States Code, that incorporates strategic workforce planning principles, including an articulation of the mission of the Secretariat, an identification of critical skill gaps, and a strategy to hire personnel to address such gaps; produce written departmental guidance to clarify the respective administrative roles of the Under Secretary of Defense for Policy and the Assistant Secretary, including guidance to ensure adequate support for the Secretariat from Washington Headquarters Services, the Office of the Director of Administration and Management, Joint Service Provider, and other administrative offices of the Department; establish a process for development, coordination, and issuance by the Assistant Secretary of special operations instructions and other Department-wide policies, instructions, directive-type memorandums, or other documents consistent with the responsibilities assigned to the Assistant Secretary; establish a process for the Assistant Secretary and the Commander of the United States Special Operations Command to monitor the promotions of members of special operations forces and coordinate with the military departments regarding the assignment, retention, training, professional military education, and special and incentive pays of members of special operations forces consistent with the responsibilities assigned to the Assistant Secretary and the Commander; and establish a Center for Special Operations Analysis to lead special operations-related analysis for the Department and ensure senior civilian and military leaders have adequate analytical support for decision making related to the organization, training, equipping, and employment of special operations forces. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan, including appropriate milestones and timelines for completion, for achieving the requirements under subsection (a).” 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 one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (ii) of that section.” Not later than 180 days after the date of the enactment of this Act [ Jan. 1, 2021 ], the Secretary of Defense shall publish a Department of Defense directive establishing policy and procedures related to the exercise of authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict as specified by section 138(b)(2)(A)(i) of title 10 , United States Code, as amended by subsection (a)(1). A specification of responsibilities for coordination on matters affecting the organization, training, and equipping of special operations forces. An identification and specification of updates to applicable documents and instructions of the Department of Defense. Mechanisms to ensure the inclusion of the Assistant Secretary in all Departmental governance forums affecting the organization, training, and equipping of special operations forces. Such other matters as the Secretary considers appropriate. The directive required by paragraph (1) shall apply throughout the Department of Defense to all components of the Department of Defense. 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).” the Assistant Secretary of Defense for Networks and Information Integration; and the Assistant Secretary of Defense for Public Affairs. 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 [ Aug. 10, 2012 ] may continue to serve in such position without regard to the limitation imposed by the amendment in subparagraph (A). 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.” the duties and responsibilities of the Assistant Secretary; the relationships between the Assistant Secretary and other Department of Defense officials; any delegation of authority from the Secretary of Defense to the Assistant Secretary; and such other matters as the Secretary considers appropriate. a copy of the directive; and exercises overall supervision of special operations activities and low intensity conflict activities of the Department of Defense; is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters; and 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. 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. 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 ]. 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.”