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§ 133. Under Secretary of Defense for Acquisition, Technology, and Logistics

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Release point 115-64 · current through 09/29/2017

§ 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, except that the Under Secretary shall exercise advisory authority, subject to the authority, direction, and control of the Secretary of Defense, over service acquisition programs for which the service acquisition executive is the milestone decision authority.

(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; Pub. L. 113–291, div. A, title IX, § 901(j)(2)(A),
Dec. 19, 2014
, 128 Stat. 3467; Pub. L. 114–92, div. A, title VIII, § 825(b),
Nov. 25, 2015
, 129 Stat. 908.)
Notes

Repeal of Section

For repeal of section by section 901(a)(1) of Pub. L. 114–328, see Effective Date of Repeal note below.

Amendment of Subsection (e)(1)

Pub. L. 113–291, div. A, title IX, § 901(j)(2),
Dec. 19, 2014
, 128 Stat. 3467, provided that, effective
Feb. 1, 2017
, subsection (e)(1) of this section is amended by striking “and the Deputy Secretary of Defense” and inserting “, the Deputy Secretary of Defense, and the Under Secretary of Defense for Business Management and Information”. Amendment was not executed to reflect the probable intent of Congress. See 2014 Amendment note below.

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

Prior Provisions

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

Amendments

2015—Subsec. (b)(5). Pub. L. 114–92 inserted before period at end “, except that the Under Secretary shall exercise advisory authority, subject to the authority, direction, and control of the Secretary of Defense, over service acquisition programs for which the service acquisition executive is the milestone decision authority”.
2014—Subsec. (e)(1). Pub. L. 113–291, which directed substitution of “, the Deputy Secretary of Defense, and the Under Secretary of Defense for Business Management and Information” for “and the Deputy Secretary of Defense”, effective
Feb. 1, 2017
, was not executed to reflect the probable intent of Congress. Section 901(a)(1) of Pub. L. 113–291, which amended section 132a of this title, effective
Feb. 1, 2017
, to establish the Under Secretary of Defense for Business Management and Information, was repealed by Pub. L. 114–328, effective
Dec. 23, 2016
.
2011—Subsec. (c)(1). Pub. L. 111–350 substituted “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. 110–181 struck out “in the private sector” after “extensive management background”.
2006—Subsec. (c)(1). Pub. L. 109–364 substituted “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. 107–107 inserted “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. 103–160 substituted “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. 100–456 inserted 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. 99–661 generally 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. 99–433 renumbered 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.

Effective Date of Repeal

Pub. L. 114–328, div. A, title IX, § 901(a)(1),
Dec. 23, 2016
, 130 Stat. 2339, provided that the repeal of this section is effective
Feb. 1, 2018
.

Effective Date of 2015 Amendment

Pub. L. 114–92, div. A, title VIII, § 825(c)(3),
Nov. 25, 2015
, 129 Stat. 908, provided that:
“The amendments made by subsections (a) and (b) [amending this section and section 2430 of this title] shall take effect on
October 1, 2016
.”

Effective Date of 2014 Amendment

Pub. L. 113–291, div. A, title IX, § 901(j)(2),
Dec. 19, 2014
, 128 Stat. 3467, provided that the amendment made by section 901(j)(2)(A) is effective on the effective date specified in section 901(a)(1) of Pub. L. 113–291, which was
Feb. 1, 2017
, prior to repeal by Pub. L. 114–328, div. A, title IX, § 901(d),
Dec. 23, 2016
, 130 Stat. 2342.

Reports to Congress on Failure To Comply With Recommendations

Pub. L. 112–239, div. A, title IX, § 904(h),
Jan. 2, 2013
, 126 Stat. 1868, provided that:
“(1)

Report required.—

Not later than 60 days after the end of each fiscal year, from fiscal year 2013 through fiscal year 2018, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on each case in which a major defense acquisition program, in the preceding fiscal year—

“(A)

proceeded to implement a test and evaluation master plan notwithstanding a decision of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation to disapprove the developmental test and evaluation plan within that plan in accordance with former section 139b(a)(5)(B) of title 10, United States Code; or

“(B)

proceeded to initial operational testing and evaluation notwithstanding a determination by the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation on the basis of an assessment of operational test readiness that the program is not ready for operational testing.

“(2)

Matters covered.—

“(A)

For each program covered by paragraph (1)(A), the report shall include the following:

“(i)

A description of the specific aspects of the developmental test and evaluation plan that the Deputy Assistant Secretary determined to be inadequate.

“(ii)

An explanation of the reasons why the program disregarded the Deputy Assistant Secretary’s recommendations with regard to those aspects of the developmental test and evaluation plan.

“(iii)

The steps taken to address those aspects of the developmental test and evaluation plan and address the concerns of the Deputy Assistant Secretary.

“(B)

For each program covered by paragraph (1)(B), the report shall include the following:

“(i)

An explanation of the reasons why the program proceeded to initial operational testing and evaluation notwithstanding the findings of the assessment of operational test readiness.

“(ii)

A description of the aspects of the approved testing and evaluation master plan that had to be set aside to enable the program to proceed to initial operational testing and evaluation.

“(iii)

A description of how the program addressed the specific areas of concern raised in the assessment of operational test readiness.

“(iv)

A statement of whether initial operational testing and evaluation identified any significant shortcomings in the program.

“(3)

Additional congressional notification.—

Not later than 30 days after any decision to conduct developmental testing on a major defense acquisition program without an approved test and evaluation master plan in place, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall provide to the congressional defense committees a written explanation of the basis for the decision and a timeline for getting an approved plan in place.”

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

Pub. L. 100–456, div. A, title X, § 1006,
Sept. 29, 1988
, 102 Stat. 2040, 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.”

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