US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 10USC133]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
              CHAPTER 4--OFFICE OF THE SECRETARY OF DEFENSE
 
Sec. 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 in the private sector.
    (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 16(3) of the Office of Federal 
    Procurement Policy Act (41 U.S.C. 414(3));
        (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.

(Added Pub. L. 99-348, title V, Sec. 501(a), July 1, 1986, 100 Stat. 
707, Sec. 134a; renumbered Sec. 133 and amended Pub. L. 99-433, title I, 
Secs. 101(a)(7), 110(c)(1), (d)(8), Oct. 1, 1986, 100 Stat. 995, 1002, 
1003; Pub. L. 99-500, Sec. 101(c) [title X, Sec. 901], Oct. 18, 1986, 
100 Stat. 1783-82, 1783-130, and Pub. L. 99-591, Sec. 101(c) [title X, 
Sec. 901], Oct. 30, 1986, 100 Stat. 3341-82, 3341-130; Pub. L. 99-661, 
div. A, title IX, formerly title IV, Sec. 901, Nov. 14, 1986, 100 Stat. 
3910, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 
Stat. 273; Pub. L. 100-456, div. A, title VIII, Sec. 809(d), Sept. 29, 
1988, 102 Stat. 2013; Pub. L. 103-160, div. A, title IX, Sec. 904(b), 
Nov. 30, 1993, 107 Stat. 1728; Pub. L. 106-65, div. A, title IX, 
Sec. 911(a)(2), (d)(2), Oct. 5, 1999, 113 Stat. 717, 719; Pub. L. 107-
107, div. A, title VIII, Sec. 801(a), Dec. 28, 2001, 115 Stat. 1174.)

                       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

    2001--Subsec. (b)(2). Pub. L. 107-107 inserted ``of goods and 
services'' after ``procurement''.
    1999--Pub. L. 106-65, Sec. 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, Sec. 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, Sec. 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, Sec. 911(a)(2)(B)(i), struck out 
``logistics,'' after ``research and development,''.
    Subsec. (b)(3) to (5). Pub. L. 106-65, Sec. 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, Sec. 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, Sec. 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, Sec. 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.


   Improvement in Defense Research and Procurement Liaison With Israel

    Section 1006 of Pub. L. 100-456, as amended by Pub. L. 103-160, div. 
A, title IX, Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106-65, 
div. A, title IX, Sec. 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.''


                           Order of Succession

    For order of succession in event of death, disability, or 
resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 
18483, set out as a note under section 3345 of Title 5, Government 
Organization and Employees.