§ 138d. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs

(a) The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall—

(1) advise the Secretary of Defense on nuclear energy, nuclear weapons, and chemical and biological defense;

(2) serve as the Staff Director of the Nuclear Weapons Council established by section 179 of this title; and

(3) perform such additional duties as the Secretary may prescribe.

(b) The Assistant Secretary may 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.

(Added Pub. L. 100–180, div. A, title XII, § 1245(a)(1), Dec. 4, 1987, 101 Stat. 1165, § 141; renumbered § 142, Pub. L. 103–160, div. A, title IX, § 901(a)(1), Nov. 30, 1993, 107 Stat. 1726; amended Pub. L. 104–106, div. A, title IX, §§ 903(c)(4), 904(a)(1), Feb. 10, 1996, 110 Stat. 402, 403; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 110–417, [div. A], title IX, § 905, Oct. 14, 2008, 122 Stat. 4568; renumbered § 138d and amended Pub. L. 111–383, div. A, title IX, § 901(b)(8), (k)(1)(D), Jan. 7, 2011, 124 Stat. 4320, 4325.)

Amendments

Amendments

2011—Pub. L. 111–383, § 901(k)(1)(D), substituted “Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs” for “Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs” in section catchline.

Pub. L. 111–383, § 901(b)(8), renumbered section 142 of this title as this section.

Subsec. (a). Pub. L. 111–383, § 901(b)(8)(A), (B), redesignated subsec. (b) as (a), substituted “The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs” for “The Assistant to the Secretary” in introductory provisions, and struck out former subsec. (a) which read as follows: “There is an Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, appointed by the President, by and with the advice and consent of the Senate.”

Subsec. (b). Pub. L. 111–383, § 901(b)(8)(C), added subsec. (b). Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 111–383, § 901(b)(8)(C), struck out subsec. (c), which read as follows: “The Assistant to the Secretary shall be considered an Assistant Secretary of Defense for purposes of section 138(d) of this title.”

2008—Subsec. (c). Pub. L. 110–417 added subsec. (c).

1996—Pub. L. 104–106, § 904(a)(1)(A), substituted “Nuclear and Chemical and Biological Defense Programs” for “Atomic Energy” in section catchline.

Pub. L. 104–106, § 903(a), (c)(4), which directed repeal of this section eff. Jan. 31, 1997, was repealed by Pub. L. 104–201.

Subsec. (a). Pub. L. 104–106, § 904(a)(1)(B), substituted “Nuclear and Chemical and Biological Defense Programs” for “Atomic Energy”.

Subsec. (b). Pub. L. 104–106, § 904(a)(1)(C), added subsec. (b) and struck out former subsec. (b) which read as follows: “The Assistant to the Secretary shall advise the Secretary of Defense and the Nuclear Weapons Council on nuclear energy and nuclear weapons matters.”

1993—Pub. L. 103–160 renumbered section 141 of this title as this section.

Effective Date Of Amendment

Effective Date of 2011 Amendment

Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.

Miscellaneous

Exception to Senate Confirmation Requirement

Pub. L. 100–180, div. A, title XII, § 1245(b), Dec. 4, 1987, 101 Stat. 1165, provided that the person serving as Chairman of the Military Liaison Committee, Department of Defense, on Oct. 16, 1986, could be appointed as the Assistant to the Secretary of Defense for Atomic Energy without the advice and consent of the Senate.