10-U.S.C.-138D
§138D – Assistant Secretary of Defense For Nuclear, Chemical, and Biological Defense Programs
Pathway
Title 10 > Subtitle A > Part I > Chapter 4 > Section 138d
Details
- Reference: Section 138d
- Legend: §138D – Assistant Secretary of Defense For Nuclear, Chemical, and Biological Defense Programs
- USCode Year: 2013
Provision Content
(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
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 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.
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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-130D in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-130D, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-138 in the Legal Encyclopedia: Military Organization
In this entry about 10-U.S.C.-138, find legal reference material, bibliographies and premiere content related to military organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States military organization-specific issues, written by authorities in the field.
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