10 U.S.C. § 136 — Under Secretary of Defense for Personnel

Page 193 TITLE 10—ARMED FORCES § 136 2017—Subsec. (a). Pub. L. 115–91, § 905(a)(1), designated existing provisions as par. (1) and added par. (2). Pub. L. 115–91, § 904(1), inserted at end ‘‘A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of the armed forces.’’ Subsec. (b). Pub. L. 115–91, § 912(b), inserted ‘‘the du- ties assigned to the Under Secretary in section 2222 of this title and’’ after ‘‘shall perform’’. Subsecs. (d) to (f). Pub. L. 115–91, § 905(a)(2), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 2011—Subsec. (c)(5). Pub. L. 111–383 substituted ‘‘para- graphs’’ for ‘‘clauses’’. 2003—Subsec. (e). Pub. L. 108–136 struck out ‘‘(1)’’ be- fore ‘‘The Under Secretary’’, substituted ‘‘each of the congressional defense committees’’ for ‘‘each congres- sional committee specified in paragraph (2)’’, and struck out par. (2) which read as follows: ‘‘The commit- tees referred to in paragraph (1) are— ‘‘(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and ‘‘(B) the Committee on Armed Services and the Committee on Appropriations of the House of Rep- resentatives.’’ 1999—Subsec. (e)(2)(B). Pub. L. 106–65 substituted ‘‘Committee on Armed Services’’ for ‘‘Committee on National Security’’. 1996—Subsec. (e). Pub. L. 104–106 designated existing provisions as par. (1), substituted ‘‘each congressional committee specified in paragraph (2) is’’ for ‘‘the Com- mittees on Armed Services and the Committees on Ap- propriations of the Senate and House of Representa- tives are each’’, and added par. (2). 1994—Pub. L. 103–337, § 903(a)(2), substituted ‘‘Under Secretary of Defense (Comptroller)’’ for ‘‘Comptroller’’ as section catchline. Subsec. (a). Pub. L. 103–337, § 903(a)(1)(A), substituted ‘‘an Under Secretary of Defense (Comptroller)’’ for ‘‘a Comptroller of the Department of Defense’’. Subsecs. (b) to (e). Pub. L. 103–337, § 903(a)(1)(B), sub- stituted ‘‘Under Secretary of Defense (Comptroller)’’ for ‘‘Comptroller’’ wherever appearing. 1993—Pub. L. 103–160, § 901(a)(2), renumbered section 137 of this title as this section. Subsec. (b). Pub. L. 103–160, § 902(a)(1), inserted ‘‘The Comptroller is the agency Chief Financial Officer of the Department of Defense for the purposes of chapter 9 of title 31.’’ after ‘‘(b)’’ and ‘‘additional’’ after ‘‘shall per- form such’’. Subsec. (d). Pub. L. 103–160, § 901(a)(2), added subsec. (d). Subsec. (e). Pub. L. 103–160, § 902(b), added subsec. (e). Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 103–337, div. A, title IX, § 903(d), Oct. 5, 1994, 108 Stat. 2823, provided that: ‘‘Any reference to the Comptroller of the Department of Defense in any provi- sion of law other than title 10, United States Code, or in any rule, regulation, or other paper of the United States shall be treated as referring to the Under Sec- retary of Defense (Comptroller).’’ EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title IX, § 905(c), Dec. 12, 2017, 131 Stat. 1513, provided that: ‘‘The appointment quali- fications imposed by the amendments made by sub- section (a)(1) [amending this section] and the appoint- ment qualifications imposed by subsection (b) [set out as a note below] shall apply with respect to appoint- ments as Under Secretary of Defense (Comptroller) and Deputy Chief Financial Officer of the Department of Defense that are made on or after the date of the enact- ment of this Act [Dec. 12, 2017].’’ 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. QUALIFICATION FOR APPOINTMENT AS DEPUTY CHIEF FINANCIAL OFFICER Pub. L. 115–91, div. A, title IX, § 905(b), Dec. 12, 2017, 131 Stat. 1513, provided that: ‘‘The Deputy Chief Finan- cial Officer of the Department of Defense shall be ap- pointed from among persons who have significant budg- et, financial management, or audit experience in com- plex organizations.’’ § 136. Under Secretary of Defense for Personnel and Readiness (a) There is an Under Secretary of Defense for Personnel and Readiness, 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 Personnel and Readi- ness shall perform such duties and exercise such powers as the Secretary of Defense may pre- scribe in the areas of military readiness, total force management, military and civilian per- sonnel requirements, military and civilian per- sonnel training, military and civilian family matters, exchange, commissary, and non- appropriated fund activities, personnel require- ments for weapons support, National Guard and reserve components, and health affairs. (c) The Under Secretary of Defense for Per- sonnel and Readiness takes precedence in the Department of Defense after the Under Sec- retary of Defense (Comptroller). (d) The Under Secretary of Defense for Per- sonnel and Readiness is responsible, subject to the authority, direction, and control of the Sec- retary of Defense, for the monitoring of the op- erations tempo and personnel tempo of the armed forces. The Under Secretary shall estab- lish, to the extent practicable, uniform stand- ards within the Department of Defense for ter- minology and policies relating to deployment of units and personnel away from their assigned duty stations (including the length of time units or personnel may be away for such a deploy- ment) and shall establish uniform reporting sys- tems for tracking deployments. (Added Pub. L. 103–160, div. A, title IX, § 903(a), Nov. 30, 1993, 107 Stat. 1727; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(2), Feb. 10, 1996, 110 Stat. 510; Pub. L. 106–65, div. A, title IX, § 923(a), title X, § 1066(a)(1), Oct. 5, 1999, 113 Stat. 724, 770; Pub. L. 115–91, div. A, title IX, § 904(2), Dec. 12, 2017, 131 Stat. 1512; Pub. L. 117–81, div. A, title IX, § 901(f)(2), Dec. 27, 2021, 135 Stat. 1868.) Editorial Notes PRIOR PROVISIONS A prior section 136 was renumbered section 138 of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–81 substituted ‘‘an armed force’’ for ‘‘the armed forces’’. 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- 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.