10 U.S.C. § 137 — Under Secretary of Defense for Intelligence

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 Repealed.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. Page 195 TITLE 10—ARMED FORCES § 137a ‘‘(b) REDESIGNATION OF RELATED DEPUTY UNDER SEC- RETARY.— ‘‘(1) IN GENERAL.—The Deputy Under Secretary of Defense for Intelligence is hereby redesignated as the Deputy Under Secretary of Defense for Intelligence and Security. ‘‘(2) SERVICE OF INCUMBENT IN POSITION.—The indi- vidual serving as Deputy Under Secretary of Defense for Intelligence as of the date of the enactment of this Act may serve as Deputy Under Secretary of De- fense for Intelligence and Security commencing as of that date without further appointment under section 137a of title 10, United States Code (as amended by subsection (c)(1)(B) [probably should be (e)(1)(B)]). ‘‘(3) REFERENCE.—Any reference in any law, regula- tion, map, document, paper, or other record of the United States to the Deputy Under Secretary of De- fense for Intelligence shall be deemed to be a ref- erence to the Deputy Under Secretary of Defense for Intelligence and Security. ‘‘(c) RULE OF CONSTRUCTION REGARDING EFFECTS OF REDESIGNATION.—Nothing in this section shall be con- strued to modify or expand the authorities, resources, responsibilities, roles, or missions of the Under Sec- retary of Defense for Intelligence and Security, as re- designated by this section.’’ PLAN FOR INCORPORATION OF ENTERPRISE QUERY AND CORRELATION CAPABILITY INTO THE DEFENSE INTEL- LIGENCE INFORMATION ENTERPRISE Pub. L. 112–81, div. A, title IX, § 925, Dec. 31, 2011, 125 Stat. 1540, provided that: ‘‘(a) PLAN REQUIRED.— ‘‘(1) IN GENERAL.—The Under Secretary of Defense for Intelligence shall develop a plan for the incorpo- ration of an enterprise query and correlation capa- bility into the Defense Intelligence Information En- terprise (DI2E). ‘‘(2) ELEMENTS.—The plan required by paragraph (1) shall— ‘‘(A) include an assessment of all the current and planned advanced query and correlation systems which operate on large centralized databases that are deployed or to be deployed in elements of the Defense Intelligence Information Enterprise; and ‘‘(B) determine where duplication can be elimi- nated, how use of these systems can be expanded, whether these systems can be operated collabo- ratively, and whether they can and should be inte- grated with the enterprise-wide query and correla- tion capability required pursuant to paragraph (1). ‘‘(b) PILOT PROGRAM.— ‘‘(1) IN GENERAL.—The Under Secretary shall con- duct a pilot program to demonstrate an enterprisewide query and correlation capability through the Defense Intelligence Information Enter- prise program. ‘‘(2) PURPOSE.—The purpose of the pilot program shall be to demonstrate the capability of an enterprisewide query and correlation system to achieve the following: ‘‘(A) To conduct complex, simultaneous queries by a large number of users and analysts across nu- merous, large distributed data stores with response times measured in seconds. ‘‘(B) To be scaled up to operate effectively on all the data holdings of the Defense Intelligence Infor- mation Enterprise. ‘‘(C) To operate across multiple levels of security with data guards. ‘‘(D) To operate effectively on both unstructured data and structured data. ‘‘(E) To extract entities, resolve them, and (as ap- propriate) mask them to protect sources and meth- ods, privacy, or both. ‘‘(F) To control access to data by means of on-line electronic user credentials, profiles, and authen- tication. ‘‘(3) TERMINATION.—The pilot program conducted under this subsection shall terminate on September 30, 2014. ‘‘(c) REPORT.—Not later than November 1, 2012, the Under Secretary shall submit to the appropriate com- mittees of Congress a report on the actions undertaken by the Under Secretary to carry out this section. The report shall set forth the plan developed under sub- section (a) and a description and assessment of the pilot program conducted under subsection (b). ‘‘(d) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this section, the term ‘appropriate commit- tees of Congress’ means— ‘‘(1) the Committee on Armed Services, the Com- mittee on Appropriations, and the Select Committee on Intelligence of the Senate; and ‘‘(2) the Committee on Armed Services, the Com- mittee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Represent- atives.’’ RELATIONSHIP TO AUTHORITIES UNDER NATIONAL SECURITY ACT OF 1947 Pub. L. 107–314, div. A, title IX, § 901(d), Dec. 2, 2002, 116 Stat. 2620, as amended by Pub. L. 113–291, div. A, title X, § 1071(d)(2), Dec. 19, 2014, 128 Stat. 3509, provided that: ‘‘Nothing in section 137 of title 10, United States Code, as added by subsection (a), shall supersede or modify the authorities of the Secretary of Defense and the Director of Central Intelligence as established by the National Security Act of 1947 (50 U.S.C. 3001 et seq.).’’ [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.] § 137a. Deputy Under Secretaries of Defense (a)(1) There are six Deputy Under Secretaries of Defense. (2) The Deputy Under Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. (3) The officials authorized under this section shall be the only Deputy Under Secretaries of Defense. (b) Each Deputy Under Secretary of Defense shall be the first assistant to an Under Sec- retary of Defense and shall assist such Under Secretary in the performance of the duties of the position of such Under Secretary and shall act for, and exercise the powers of, such Under Secretary when such Under Secretary dies, re- signs, or is otherwise unable to perform the functions and duties of the office. (c)(1) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Re- search and Engineering. (2) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Acquisi- tion and Sustainment. (3) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Policy. (4) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense for Per- sonnel and Readiness. (5) One of the Deputy Under Secretaries is the Deputy Under Secretary of Defense (Comp- troller).