10 U.S.C. § 136a — Untitled legal text

Page 194 TITLE 10—ARMED FORCES [§ 136a sioned officer of a regular component of the armed forces.’’ 1999—Subsec. (a). Pub. L. 106–65, § 1066(a)(1), inserted ‘‘advice and’’ after ‘‘by and with the’’. Subsec. (d). Pub. L. 106–65, § 923(a), added subsec. (d). 1996—Subsec. (c). Pub. L. 104–106 substituted ‘‘Under Secretary of Defense (Comptroller)’’ for ‘‘Comptroller’’. [§ 136a. Repealed. Pub. L. 111–383, div. A, title IX, § 901(b)(1), Jan. 7, 2011, 124 Stat. 4317] Section, added Pub. L. 107–107, div. A, title IX, § 901(a)(1), Dec. 28, 2001, 115 Stat. 1193; amended Pub. L. 111–84, div. A, title IX, § 906(c)(1)(C), (2)(C), Oct. 28, 2009, 123 Stat. 2427, established the position of Principal Dep- uty Under Secretary of Defense for Personnel and Readiness. Editorial Notes PRIOR PROVISIONS A prior section 136a was renumbered section 139 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as an Effective Date of 2011 Amend- ment note under section 131 of this title. § 137. Under Secretary of Defense for Intelligence and Security (a) There is an Under Secretary of Defense for Intelligence and Security, appointed from civil- ian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commis- sioned officer of a regular component of an armed force. (b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence and Secu- rity shall— (1) have responsibility for the overall direc- tion and supervision for policy, program plan- ning and execution, and use of resources, for the activities of the Department of Defense that are part of the Military Intelligence Pro- gram; (2) execute the functions for the National In- telligence Program of the Department of De- fense under section 105 of the National Secu- rity Act of 1947 (50 U.S.C. 3038), as delegated by the Secretary of Defense; (3) have responsibility for the overall direc- tion and supervision for policy, program plan- ning and execution, and use of resources, for personnel security, physical security, indus- trial security, and the protection of classified information and controlled unclassified infor- mation, related activities of the Department of Defense; and (4) perform such duties and exercise such powers as the Secretary of Defense may pre- scribe in the area of intelligence. (c) The protection of privacy and civil liberties in accordance with Federal law and the regula- tions and directives of the Department of De- fense shall be a top priority for the Under Sec- retary of Defense for Intelligence and Security. (d) The Under Secretary of Defense for Intel- ligence and Security takes precedence in the De- partment of Defense after the Under Secretary of Defense for Personnel and Readiness. (Added Pub. L. 107–314, div. A, title IX, § 901(a)(2), Dec. 2, 2002, 116 Stat. 2619; amended Pub. L. 115–91, div. A, title IX, § 904(3), Dec. 12, 2017, 131 Stat. 1512; Pub. L. 115–232, div. A, title XVI, § 1621, Aug. 13, 2018, 132 Stat. 2117; Pub. L. 116–92, div. A, title XVI, § 1621(d), (e)(1)(A)(ii), (C), Dec. 20, 2019, 133 Stat. 1732, 1733; Pub. L. 117–81, div. A, title IX, § 901(f)(3), Dec. 27, 2021, 135 Stat. 1868.) Editorial Notes PRIOR PROVISIONS A prior section 137 was renumbered section 138b of this title. Another prior section 137 was renumbered section 135 of this title. Another prior section 137 was renumbered section 140 of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–81 substituted ‘‘an armed force’’ for ‘‘the armed forces’’. 2019—Pub. L. 116–92, § 1621(e)(1)(C), substituted ‘‘Under Secretary of Defense for Intelligence and Security’’ for ‘‘Under Secretary of Defense for Intelligence’’ in sec- tion catchline. Subsecs. (a), (b). Pub. L. 116–92, § 1621(e)(1)(A)(ii), sub- stituted ‘‘Under Secretary of Defense for Intelligence and Security’’ for ‘‘Under Secretary of Defense for In- telligence’’. Subsec. (c). Pub. L. 116–92, § 1621(d)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 116–92, § 1621(e)(1)(A)(ii), sub- stituted ‘‘Under Secretary of Defense for Intelligence and Security’’ for ‘‘Under Secretary of Defense for In- telligence’’. Pub. L. 116–92, § 1621(d)(1), redesignated subsec. (c) as (d). 2018—Subsec. (b). Pub. L. 115–232 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of De- fense for Intelligence shall perform such duties and ex- ercise such powers as the Secretary of Defense may pre- scribe in the area of intelligence.’’ 2017—Subsec. (a). Pub. L. 115–91 inserted at end ‘‘A person may not be appointed as Under Secretary within seven years after relief from active duty as a commis- sioned officer of a regular component of the armed forces.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 116–92, div. A, title XVI, § 1621(a)–(c), Dec. 20, 2019, 133 Stat. 1732, provided that: ‘‘(a) REDESIGNATION OF UNDER SECRETARY.— ‘‘(1) IN GENERAL.—The Under Secretary of Defense for Intelligence is hereby redesignated as the Under Secretary of Defense for Intelligence and Security. ‘‘(2) SERVICE OF INCUMBENT IN POSITION.—The indi- vidual serving as Under Secretary of Defense for In- telligence as of the date of the enactment of this Act [Dec. 20, 2019] may serve as Under Secretary of De- fense for Intelligence and Security commencing as of that date without further appointment under section 137 of title 10, United States Code (as amended by subsection (c)(1)(A)(ii) [probably should be (e)(1)(A)(ii)]). ‘‘(3) REFERENCE.—Any reference in any law, regula- tion, map, document, paper, or other record of the United States to the Under Secretary of Defense for Intelligence shall be deemed to be a reference to the Under Secretary of Defense for Intelligence and Secu- rity.