27 June 1999
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 27, 1998]
[Document not affected by Public Laws enacted between
January 27, 1998 and November 30, 1998]
[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 and Technology
(a) There is an Under Secretary of Defense for Acquisition and
Technology, 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 and
Technology 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, research and development, logistics, developmental
testing, and contract administration) for all elements of the
Department of Defense;
(3) establishing policies of the Department of Defense for
maintenance of the defense industrial base of the United States; and
(4) 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 and Technology 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.)
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
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
Section 904(a), (f) of Pub. L. 103-160 provided that:
``(a) Redesignations.--The office of Under Secretary of Defense for
Acquisition in the Department of Defense is hereby 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 is hereby redesignated as Deputy Under Secretary of Defense for
Acquisition and Technology.
``(f) References in Other Laws.--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 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 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, provided that:
``The Secretary of Defense, in consultation with the Under Secretary of
Defense for Acquisition and Technology, 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 3347 of Title 5, Government
Organization and Employees.
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