10 U.S.C. § 133b — Under Secretary of Defense for Acquisi-

Page 188 TITLE 10—ARMED FORCES § 133b nation of the basis for the decision and a timeline for getting an approved plan in place.’’ OVERSIGHT BY OFFICE OF UNDER SECRETARY OF DE- FENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS OF EXERCISE OF ACQUISITION AUTHORITY BY COMBAT- ANT 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; Pub. L. 115–232, div. A, title VIII, § 812(a)(1)(C), Aug. 13, 2018, 132 Stat. 1846, provided that: ‘‘(a) DESIGNATION OF OFFICIAL FOR OVERSIGHT.—The Secretary of Defense shall designate a senior acquisi- tion 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 or 167 of title 10, United States Code, to exercise acquisition authority; and ‘‘(2) any head of a Defense Agency who is des- ignated by the Secretary of Defense to exercise acqui- sition authority. ‘‘(b) GUIDANCE.— ‘‘(1) IN GENERAL.—The senior acquisition official designated under subsection (a) shall develop guid- ance 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 ac- quisition 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 acqui- sition 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 sub- section (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, which provided for the designation of a primary liaison between the procurement and research and develop- ment activities of the armed forces of the United States and Israel, was repealed by Pub. L. 115–232, div. A, title VIII, § 811(e), Aug. 13, 2018, 132 Stat. 1845. § 133b. Under Secretary of Defense for Acquisi- tion and Sustainment (a) UNDER SECRETARY OF DEFENSE.—There is an Under Secretary of Defense for Acquisition and Sustainment, appointed from civilian life by the President, by and with the advice and con- sent of the Senate. The Under Secretary shall be appointed from among persons who have an ex- tensive system development, engineering, pro- duction, or management background and experi- ence with managing complex programs. A per- son may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular compo- nent of an armed force. (b) DUTIES AND POWERS.—Subject to the au- thority, direction, and control of the Secretary of Defense, the Under Secretary shall perform such duties and exercise such powers as the Sec- retary may prescribe, including— (1) serving as the chief acquisition and sustainment officer of the Department of De- fense with the mission of delivering and sus- taining timely, cost-effective capabilities for the armed forces (and the Department); (2) establishing policies on, and supervising, all elements of the Department relating to ac- quisition (including system design, develop- ment, appropriate prototyping activities, and production, and procurement of goods and services) and sustainment (including logistics, maintenance, and materiel readiness); (3) establishing policies for access to, and maintenance of, the defense industrial base and materials critical to national security, and policies on contract administration; (4) establishing policies for, and providing oversight, guidance, and coordination with re- spect to, the nuclear command, control, and communications system; (5) serving as— (A) the principal advisor to the Secretary on acquisition and sustainment in the De- partment; (B) the senior procurement executive for the Department for the purposes of section 1702(c) of title 41; (C) the Defense Acquisition Executive for purposes of regulations and procedures of the Department providing for a Defense Ac- quisition Executive; (D) chairman of the Nuclear Weapons Council established by section 179 of this title; and (E) co-chairman of the Council on Over- sight of the National Leadership Command, Control, and Communications System estab- lished by section 171a of this title; (6) overseeing— (A) the sustainment and modernization of United States nuclear forces, including the nuclear command, control, and communica- tions system; and (B) military department and Defense Agency programs to develop defenses against chemical and biological weapons and capabilities to counter weapons of mass de- struction; (7) the authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Under Secretary has responsibility, except that the Under Sec- retary shall exercise advisory authority over service acquisition programs for which the service acquisition executive is the milestone decision authority; (8) to the extent directed by the Secretary, exercising overall supervision of all personnel (civilian and military) in the Office of the Sec- retary of Defense with regard to matters for which the Under Secretary has responsibility, unless otherwise provided by law; (9) advising the Secretary on all aspects of acquisition and sustainment relating to— Page 189 TITLE 10—ARMED FORCES § 133b (A) defense acquisition programs; (B) core logistics capabilities (as described under section 2464 of this title); and (C) the national technology and industrial base (as defined in section 4801 of this title); and (10) advising the Secretary on, establishing policies on, and supervising, the activities of the Department relating to international co- operation and agreements regarding industrial base collaboration and coordination, including cooperative development and co-production, reciprocal production, exportability consider- ations, supply chain integration, security of supply chain agreements, and acquisition and cross-service agreements. (c) PRECEDENCE IN DEPARTMENT OF DEFENSE.— (1) PRECEDENCE IN MATTERS OF RESPONSI- BILITY.—With regard to all matters for which the Under Secretary has responsibility by the direction of the Secretary of Defense or by law, the Under Secretary takes precedence in the Department of Defense after the Sec- retary, the Deputy Secretary of Defense, and the Under Secretary of Defense for Research and Engineering. (2) PRECEDENCE IN OTHER MATTERS.—With re- gard to all matters other than the matters for which the Under Secretary has responsibility by the direction of the Secretary or by law, the Under Secretary takes precedence in the Department of Defense after the Secretary, the Deputy Secretary, the Under Secretary of Defense for Research and Engineering, and the Secretaries of the military departments. (Added Pub. L. 114–328, div. A, title IX, § 901(b), Dec. 23, 2016, 130 Stat. 2340; amended Pub. L. 115–91, div. A, title IX, §§ 902, 910(c)(3), Dec. 12, 2017, 131 Stat. 1511, 1518; Pub. L. 116–92, div. A, title IX, § 902(92), title XVI, § 1662(a), Dec. 20, 2019, 133 Stat. 1554, 1772; Pub. L. 116–283, div. A, title VIII, § 811(a)(2), title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 3749, 4294; Pub. L. 118–31, div. A, title IX, § 901(a)(2), Dec. 22, 2023, 137 Stat. 354; Pub. L. 118–159, div. A, title IX, § 903(a)(1), title XVI, § 1621(b), Dec. 23, 2024, 138 Stat. 2026, 2171.) Editorial Notes PRIOR PROVISIONS A prior section 133b was renumbered section 138a of this title and was subsequently repealed. Another prior section 133b was renumbered section 118 of this title and was subsequently repealed. AMENDMENTS 2024—Subsec. (b)(5)(D), (E). Pub. L. 118–159, § 1621(b)(1), added subpars. (D) and (E). Subsec. (b)(6). Pub. L. 118–159, § 1621(b)(2), amended par. (6) generally. Prior to amendment, par. (6) read as follows: ‘‘overseeing the modernization of nuclear forces, including the nuclear command, control, and communications system, and the development of capa- bilities to counter weapons of mass destruction, and serving as the chairman of the Nuclear Weapons Coun- cil and the co-chairman of the Council on Oversight of the National Leadership Command, Control, and Com- munications System;’’. Subsec. (b)(10). Pub. L. 118–159, § 903(a)(1), added par. (10). 2023—Subsec. (c)(1). Pub. L. 118–31, § 901(a)(2)(A), struck out ‘‘the Chief Management Officer of the De- partment of Defense,’’ after ‘‘the Deputy Secretary of Defense,’’. Subsec. (c)(2). Pub. L. 118–31, § 901(a)(2)(B), struck out ‘‘the Chief Management Officer,’’ after ‘‘the Deputy Secretary,’’. 2021—Subsec. (b)(9). Pub. L. 116–283, § 811(a)(2), added par. (9). Subsec. (b)(9)(C). Pub. L. 116–283, § 1883(b)(2), sub- stituted ‘‘section 4801’’ for ‘‘section 2500’’. 2019—Subsec. (b)(2). Pub. L. 116–92, § 902(92), inserted ‘‘appropriate prototyping activities,’’ after ‘‘develop- ment,’’. Subsec. (b)(4) to (8). Pub. L. 116–92, § 1662(a), added par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and in par. (6) inserted ‘‘, including the nuclear command, control, and communications sys- tem,’’ after ‘‘modernization of nuclear forces’’. 2017—Subsec. (b)(6). Pub. L. 115–91, § 902, substituted ‘‘advisory authority’’ for ‘‘supervisory authority’’. Subsec. (c)(1). Pub. L. 115–91, § 910(c)(3)(A), inserted ‘‘the Chief Management Officer of the Department of Defense,’’ after ‘‘the Deputy Secretary of Defense,’’. Subsec. (c)(2). Pub. L. 115–91, § 910(c)(3)(B), inserted ‘‘the Chief Management Officer,’’ after ‘‘the Deputy Secretary,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1883(b)(2) of Pub. L. 116–283 ef- fective Jan. 1, 2022, with additional provisions for de- layed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title IX, § 902, Dec. 12, 2017, 131 Stat. 1511, provided that the amendment made by sec- tion 902 is effective Feb. 1, 2018, and immediately after the coming into effect of the amendment made by sec- tion 901(b) of Pub. L. 114–328 (enacting this section). Pub. L. 115–91, div. A, title IX, § 910(c), Dec. 12, 2017, 131 Stat. 1518, provided that the amendment made by section 910(c)(3) is effective on Feb. 1, 2018, and imme- diately after the coming into effect of the amendments made by section 901 of Pub. L. 114–328 (see Tables for classification). EFFECTIVE DATE Pub. L. 114–328, div. A, title IX, § 901(b), Dec. 23, 2016, 130 Stat. 2339, provided that this section is effective on Feb. 1, 2018. GUIDANCE REQUIRED Pub. L. 118–159, div. A, title IX, § 903(a)(2), Dec. 23, 2024, 138 Stat. 2026, provided that: ‘‘Not later than July 1, 2025, the Secretary of Defense shall update relevant policies and guidance related to the duties of the Under Secretary of Defense for Acquisition and Sustainment prescribed in section 133b(b)(10) of title 10, United States Code, as added by paragraph (1).’’ DEPARTMENT OF DEFENSE SUPPORT FOR REQUIREMENTS OF WHITE HOUSE MILITARY OFFICE Pub. L. 117–263, div. A, title XVI, § 1672(b), (c), Dec. 23, 2022, 136 Stat. 2959, provided that: ‘‘(b) PORTFOLIO MANAGER.—The Secretary of Defense, acting through the Under Secretary of Defense for Ac- quisition and Sustainment, shall designate a senior of- ficial to coordinate and advocate for the portfolio of national level programs of the Department of Defense that are either or both— ‘‘(1) in direct support of requirements from the White House Military Office; or ‘‘(2) operationally relevant to the mission areas of the White House Military Office. ‘‘(c) ACCESSIBILITY OF INFORMATION.—The pro- grammatic and budgetary information required to as- Page 190 TITLE 10—ARMED FORCES § 134 sess the efficacy of the national level programs covered by subsection (b) shall be provided to the senior official designated under such subsection by the following offi- cials: ‘‘(1) The Secretary of each military department. ‘‘(2) The Under Secretary of Defense for Policy. ‘‘(3) The Under Secretary of Defense for Research and Engineering. ‘‘(4) The Chairman of the Joint Chiefs of Staff. ‘‘(5) The Director of Cost Assessment and Program Evaluation.’’ § 134. Under Secretary of Defense for Policy (a) There is an Under Secretary of Defense for Policy, appointed from civilian life by the Presi- dent, 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 commissioned officer of a reg- ular component of an armed force. (b)(1) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. (2) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall be responsible and have overall direction and supervision for— (A) the development, implementation, and integration across the Department of Defense of the National Defense Strategy (as described by section 113 of this title) and strategic pol- icy guidance for the activities of the Depart- ment of Defense across all geographic regions and military functions and domains; (B) the integration of the activities of the Department into the National Security Strat- egy of the United States; (C) the development of policy guidance for the preparation of campaign and contingency plans by the combatant commands, and for the review of such plans; (D) the preparation of policy guidance for the development of the global force posture; (E) the development of the Defense Planning Guidance that guides the formulation of pro- gram and budget requests by the military de- partments and other elements of the Depart- ment; and (F) the development of strategic policy guid- ance for the Department of Defense to enable the achievement of Presidential objectives outlined within the nuclear weapons employ- ment guidance of the United States, as de- scribed in section 491 of this title. (3) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall have responsibility for super- vising and directing activities of the Depart- ment of Defense relating to export controls. (4) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Policy shall have over- all direction and supervision for policy, program planning and execution, and allocation and use of resources for the activities of the Department of Defense for combating terrorism. (5) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall coordinate with the Chairman of the Joint Chiefs of Staff and the Director of Cost Assessment and Program Evaluation to— (A) develop planning scenarios that describe the present and future strategic and oper- ational environments by which to assess joint force capabilities and readiness; and (B) develop specific objectives that the joint force should be ready to achieve, and conduct assessments of the capability (in terms of both capacity and readiness) of the joint force to achieve such objectives. (c) The Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Secretaries of the military departments. (Added Pub. L. 99–433, title I, § 105(1), Oct. 1, 1986, 100 Stat. 997; amended Pub. L. 99–500, § 101(c) [title X, § 903(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–132, and Pub. L. 99–591, § 101(c) [title X, § 903(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–132; Pub. L. 99–661, div. A, title IX, formerly title IV, § 903(a), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105–261, div. A, title XV, § 1521(a), Oct. 17, 1998, 112 Stat. 2178; Pub. L. 106–65, div. A, title IX, § 911(d)(1), Oct. 5, 1999, 113 Stat. 719; Pub. L. 107–314, div. A, title IX, § 902(b), Dec. 2, 2002, 116 Stat. 2620; Pub. L. 110–181, div. A, title IX, § 903(c), Jan. 28, 2008, 122 Stat. 273; Pub. L. 113–291, div. A, title IX, § 901(j)(2)(B), Dec. 19, 2014, 128 Stat. 3467; Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597; Pub. L. 115–232, div. A, title IX, § 902, Aug. 13, 2018, 132 Stat. 1921; Pub. L. 116–92, div. A, title IX, § 902(3), Dec. 20, 2019, 133 Stat. 1542; Pub. L. 118–159, div. A, title XVI, § 1621(c), Dec. 23, 2024, 138 Stat. 2171.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. PRIOR PROVISIONS Provisions of this section were contained in section 135 of this title prior to amendment by Pub. L. 99–433. A prior section 134 was renumbered section 132 of this title. AMENDMENTS 2024—Subsec. (b)(2)(F). Pub. L. 118–159 added subpar. (F). 2019—Subsec. (c). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engi- neering,’’ for ‘‘Under Secretary of Defense for Acquisi- tion, Technology, and Logistics,’’. 2018—Subsec. (b)(2). Pub. L. 115–232, § 902(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The Under Secretary shall assist the Sec- retary of Defense— ‘‘(A) in preparing written policy guidance for the preparation and review of contingency plans; and ‘‘(B) in reviewing such plans.’’ Subsec. (b)(5). Pub. L. 115–232, § 902(b), added par. (5). 2017—Pub. L. 115–91, § 1081(b)(1)(A), repealed Pub. L. 113–291, § 901(j)(2)(B). See 2014 Amendment note below. 2014—Subsec. (c). Pub. L. 113–291, § 901(j)(2)(B), which directed insertion of ‘‘the Under Secretary of Defense for Business Management and Information,’’ after ‘‘the