10 USC § 133 - Under Secretary of Defense for Acquisition, Technology, and Logistics

(a) There is an Under Secretary of Defense for Acquisition, Technology, and Logistics, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive management background.

(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall perform such duties and exercise such powers relating to acquisition as the Secretary of Defense may prescribe, including—

(1) supervising Department of Defense acquisition;

(2) establishing policies for acquisition (including procurement of goods and services, research and development, developmental testing, and contract administration) for all elements of the Department of Defense;

(3) establishing policies for logistics, maintenance, and sustainment support for all elements of the Department of Defense;

(4) establishing policies of the Department of Defense for maintenance of the defense industrial base of the United States; and

(5) the authority to direct the Secretaries of the military departments and the heads of all other elements of the Department of Defense with regard to matters for which the Under Secretary has responsibility.

(c) The Under Secretary—

(1) is the senior procurement executive for the Department of Defense for the purposes of section 1702 (c) of title 41;

(2) is the Defense Acquisition Executive for purposes of regulations and procedures of the Department providing for a Defense Acquisition Executive; and

(3) to the extent directed by the Secretary, exercises overall supervision of all personnel (civilian and military) in the Office of the Secretary of Defense with regard to matters for which the Under Secretary has responsibility, unless otherwise provided by law.

(d)

(1) The Under Secretary shall prescribe policies to ensure that audit and oversight of contractor activities are coordinated and carried out in a manner to prevent duplication by different elements of the Department. Such policies shall provide for coordination of the annual plans developed by each such element for the conduct of audit and oversight functions within each contracting activity.

(2) In carrying out this subsection, the Under Secretary shall consult with the Inspector General of the Department of Defense.

(3) Nothing in this subsection shall affect the authority of the Inspector General of the Department of Defense to establish audit policy for the Department of Defense under the Inspector General Act of 1978 and otherwise to carry out the functions of the Inspector General under that Act.

(e)

(1) With regard to all matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense.

(2) With regard to all matters other than matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, and the Secretaries of the military departments.

Source

(Added Pub. L. 99–348, title V, § 501(a),July 1, 1986, 100 Stat. 707, § 134a; renumbered § 133 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(c)(1), (d)(8),Oct. 1, 1986, 100 Stat. 995, 1002, 1003; Pub. L. 99–500, § 101(c) [title X, § 901], Oct. 18, 1986, 100 Stat. 1783–82, 1783–130, and Pub. L. 99–591, § 101(c) [title X, § 901], Oct. 30, 1986, 100 Stat. 3341–82, 3341–130; Pub. L. 99–661, div. A, title IX, formerly title IV, § 901,Nov. 14, 1986, 100 Stat. 3910, renumbered title IX, Pub. L. 100–26, § 3(5),Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–456, div. A, title VIII, § 809(d),Sept. 29, 1988, 102 Stat. 2013; Pub. L. 103–160, div. A, title IX, § 904(b),Nov. 30, 1993, 107 Stat. 1728; Pub. L. 106–65, div. A, title IX, § 911(a)(2), (d)(2),Oct. 5, 1999, 113 Stat. 717, 719; Pub. L. 107–107, div. A, title VIII, § 801(a),Dec. 28, 2001, 115 Stat. 1174; Pub. L. 109–364, div. A, title X, § 1071(a)(2),Oct. 17, 2006, 120 Stat. 2398; Pub. L. 110–181, div. A, title IX, § 907,Jan. 28, 2008, 122 Stat. 277; Pub. L. 111–350, § 5(b)(1),Jan. 4, 2011, 124 Stat. 3842.)

References in Text

The Inspector General Act of 1978, referred to in subsec. (d)(3), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Codification

Pub. L. 99–591is a corrected version of Pub. L. 99–500.

Prior Provisions

A prior section 133 was renumbered section 113 of this title.

Amendments

2011—Subsec. (c)(1). Pub. L. 111–350substituted “section 1702 (c) of title 41” for “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))”.

2008—Subsec. (a). Pub. L. 110–181struck out “in the private sector” after “extensive management background”.

2006—Subsec. (c)(1). Pub. L. 109–364substituted “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” for “section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))”.

2001—Subsec. (b)(2). Pub. L. 107–107inserted “of goods and services” after “procurement”.

1999—Pub. L. 106–65, § 911(d)(2), substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology” in section catchline.

Subsec. (a). Pub. L. 106–65, § 911(a)(2)(A), substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

Subsec. (b). Pub. L. 106–65, § 911(a)(2)(A), substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology” in introductory provisions.

Subsec. (b)(2). Pub. L. 106–65, § 911(a)(2)(B)(i), struck out “logistics,” after “research and development,”.

Subsec. (b)(3) to (5). Pub. L. 106–65, § 911(a)(2)(B)(ii), (iii), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

Subsec. (e)(1). Pub. L. 106–65, § 911(a)(2)(A), substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

1993—Pub. L. 103–160substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition” in section catchline and in subsecs. (a), (b), and (e)(1).

1988—Subsec. (d)(1). Pub. L. 100–456inserted provision that policies provide for coordination of annual plans developed by each such element for the conduct of audit and oversight functions within each contracting activity.

1986—Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661generally amended section identically. Prior to amendment, section read as follows:

“(a) There is an Under Secretary of Defense for Acquisition, appointed from civilian life by the President, by and with the advice and consent of the Senate.

“(b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe, except as otherwise provided by law.”

Pub. L. 99–433renumbered section 134a of this title as this section, struck out “: appointment” at end of section catchline, and inserted “of Defense” after “Under Secretary” in subsec. (a).

Change of Name

Pub. L. 106–65, div. A, title IX, § 911(a)(1),Oct. 5, 1999, 113 Stat. 717, provided that: “The position of Under Secretary of Defense for Acquisition and Technology in the Department of Defense is hereby redesignated as the Under Secretary of Defense for Acquisition, Technology, and Logistics. Any reference in any law, regulation, document, or other record of the United States to the Under Secretary of Defense for Acquisition and Technology shall be treated as referring to the Under Secretary of Defense for Acquisition, Technology, and Logistics.”

Pub. L. 103–160, div. A, title IX, § 904(a), (f),Nov. 30, 1993, 107 Stat. 1728, 1729, provided that the office of Under Secretary of Defense for Acquisition in the Department of Defense was redesignated as Under Secretary of Defense for Acquisition and Technology, the office of Deputy Under Secretary of Defense for Acquisition in the Department of Defense was redesignated as Deputy Under Secretary of Defense for Acquisition and Technology, and any reference to the Under Secretary of Defense for Acquisition or the Deputy Under Secretary of Defense for Acquisition in any provision of law other than this title, or in any rule, regulation, or other paper of the United States was to be treated as referring to the Under Secretary of Defense for Acquisition and Technology or the Deputy Under Secretary of Defense for Acquisition and Technology, respectively.

Oversight by Office of Under Secretary of Defense for Acquisition, Technology, and Logistics of Exercise of Acquisition Authority by Combatant Commanders and Heads of Defense Agencies

Pub. L. 109–364, div. A, title IX, § 905,Oct. 17, 2006, 120 Stat. 2353, as amended by Pub. L. 110–181, div. A, title IX, § 905,Jan. 28, 2008, 122 Stat. 275, provided that:

“(a) Designation of Official for Oversight.—The Secretary of Defense shall designate a senior acquisition official within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics to oversee the exercise of acquisition authority by—

“(1) any commander of a combatant command who is authorized by section 166b, 167, or 167a of title 10, United States Code, to exercise acquisition authority; and

“(2) any head of a Defense Agency who is designated by the Secretary of Defense to exercise acquisition authority.

“(b) Guidance.—

“(1) In general.—The senior acquisition official designated under subsection (a) shall develop guidance to ensure that the use of acquisition authority by commanders of combatant commands and the heads of Defense Agencies—

“(A) is in compliance with department-wide acquisition policy; and

“(B) is coordinated with acquisition programs of the military departments.

“(2) Urgent requirements.—Guidance developed under paragraph (1) shall take into account the need to fulfill the urgent requirements of the commanders of combatant commands and the heads of Defense Agencies and to ensure that those requirements are addressed expeditiously.

“(c) Consultation.—The senior acquisition official designated under subsection (a) shall on a regular basis consult on matters related to requirements and acquisition with the commanders of combatant commands and the heads of Defense Agencies referred to in that subsection.

“(d) Deadline for Designation.—The Secretary of Defense shall make the designation required by subsection (a) not later than 180 days after the date of the enactment of this Act [Oct. 17, 2006].”

Improvement in Defense Research and Procurement Liaison With Israel

Section 1006 ofPub. L. 100–456, as amended by Pub. L. 103–160, div. A, title IX, § 904(f),Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106–65, div. A, title IX, § 911(a)(1),Oct. 5, 1999, 113 Stat. 717, provided that: “The Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall designate for duty in Israel an individual or individuals to serve as the primary liaison between the procurement and research and development activities of the United States Armed Forces and those of the State of Israel.”