10 U.S.C. § 133a — Under Secretary of Defense for Research

Page 186 TITLE 10—ARMED FORCES [§ 133 quirements and notice to Congress on transfer to the Chief Management Officer of the Department of De- fense of oversight of shared business services, was re- pealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794. [§ 133. Repealed. Pub. L. 114–328, div. A, title IX, § 901(a)(1), Dec. 23, 2016, 130 Stat. 2339] Section, 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, re- numbered 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; Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597, related to Under Secretary of Defense for Acquisition, Tech- nology, and Logistics. A prior section 133 was renumbered section 113 of this title. Statutory Notes and Related Subsidiaries 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 Sec- retary of Defense for Acquisition and Technology in the Department of Defense was redesignated as the Under Secretary of Defense for Acquisition, Technology, and Logistics, and any reference in any law, regulation, document, or other record of the United States to the Under Secretary of Defense for Acquisition and Tech- nology was to be treated as referring to the Under Sec- retary of Defense for Acquisition, Technology, and Lo- gistics. 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 De- partment of Defense was redesignated as Under Sec- retary of Defense for Acquisition and Technology, the office of Deputy Under Secretary of Defense for Acqui- sition in the Department of Defense was redesignated as Deputy Under Secretary of Defense for Acquisition and Technology, and any reference to the Under Sec- retary 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 Acquisi- tion 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 sec- tion is effective Feb. 1, 2018. § 133a. Under Secretary of Defense for Research and Engineering (a) UNDER SECRETARY OF DEFENSE.—There is an Under Secretary of Defense for Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be ap- pointed from among persons who have an exten- sive technology, science, or engineering back- ground and experience with managing complex or advanced technological programs. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component 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 technology officer of the Department of Defense with the mission of advancing technology and innovation for the armed forces (and the Department); (2) establishing policies on, and supervising, all defense research and engineering, tech- nology development, technology transition, appropriate prototyping activities, experimen- tation, and developmental testing activities and programs and unifying defense research and engineering efforts across the Depart- ment; and (3) serving as the principal advisor to the Secretary on all research, engineering, and technology development activities and pro- grams in the Department. (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 Secretary and the Deputy Secretary of Defense. (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, and the Secretaries of the military departments. (Added Pub. L. 114–328, div. A, title IX, § 901(a)(1), Dec. 23, 2016, 130 Stat. 2339; amended Pub. L. 115–91, div. A, title IX, § 910(c)(2), Dec. 12, 2017, 131 Stat. 1518; Pub. L. 116–92, div. A, title IX, § 902(2), Dec. 20, 2019, 133 Stat. 1542; Pub. L. 118–31, div. A, title IX, § 901(a)(1), Dec. 22, 2023, 137 Stat. 354.) Editorial Notes PRIOR PROVISIONS A prior section 133a, added Pub. L. 99–500, § 101(c) [title X, § 902(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–131, and Pub. L. 99–591, § 101(c) [title X, § 902(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–131; Pub. L. 99–661, div. A, title IX, formerly title IV, § 902(a)(1), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 103–160, div. A, title IX, § 904(c), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103–337, div. A, title X, § 1070(a)(2), Oct. 5, 1994, 108 Stat. 2855; Pub. L. 104–106, div. A, title IX, § 903(c)(1), Feb. 10, 1996, 110 Stat. 401; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 106–65, div. A, title IX, § 911(c), Oct. 5, 1999, 113 Stat. 718; Pub. L. 107–107, div. A, title X, § 1048(b)(1), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 111–84, div. A, title IX, Page 187 TITLE 10—ARMED FORCES § 133a § 906(c)(1)(A), (2)(A), Oct. 28, 2009, 123 Stat. 2427, estab- lished the position of Principal Deputy Under Sec- retary of Defense for Acquisition, Technology, and Lo- gistics, prior to repeal by Pub. L. 111–383, div. A, title IX, § 901(b)(1), (p), Jan. 7, 2011, 124 Stat. 4317, 4327, effec- tive Jan. 1, 2011. Another prior section 133a was renumbered section 117 of this title. AMENDMENTS 2023—Subsec. (c)(1). Pub. L. 118–31, § 901(a)(1)(A), sub- stituted ‘‘and the Deputy Secretary of Defense’’ for ‘‘, the Deputy Secretary of Defense, and the Chief Man- agement Officer of the Department of Defense’’. Subsec. (c)(2). Pub. L. 118–31, § 901(a)(1)(B), struck out ‘‘the Chief Management Officer,’’ after ‘‘the Deputy Secretary,’’. 2019—Subsec. (b)(2). Pub. L. 116–92 substituted ‘‘appro- priate prototyping activities,’’ for ‘‘prototyping,’’ and struck out ‘‘, including the allocation of resources for defense research and engineering,’’ after ‘‘testing ac- tivities and programs’’. 2017—Subsec. (c)(1). Pub. L. 115–91, § 910(c)(2)(A), sub- stituted ‘‘, the Deputy Secretary of Defense, and the Chief Management Officer of the Department of De- fense’’ for ‘‘and the Deputy Secretary of Defense’’. Subsec. (c)(2). Pub. L. 115–91, § 910(c)(2)(B), inserted ‘‘the Chief Management Officer,’’ after ‘‘the Deputy Secretary,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT 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)(2) 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(a)(1), Dec. 23, 2016, 130 Stat. 2339, provided that this section is effec- tive on Feb. 1, 2018. SEMIANNUAL UPDATES ON MEETINGS HELD BY THE MISSILE DEFENSE EXECUTIVE BOARD Pub. L. 117–81, div. A, title XVI, § 1671(a)–(c), Dec. 27, 2021, 135 Stat. 2112, provided that: ‘‘(a) SEMIANNUAL UPDATES.—Not later than March 1 and September 1 of each year, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, acting in their capacities as co-chairs of the Missile De- fense Executive Board pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2162), shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a semi- annual update including, with respect to the six-month period preceding the update— ‘‘(1) the dates on which the Board met; and ‘‘(2) except as provided by subsection (b), a sum- mary of any decisions made by the Board at each meeting of the Board and the rationale for and op- tions that informed such decisions. ‘‘(b) EXCEPTION FOR CERTAIN BUDGETARY MATTERS.— The co-chairs shall not be required to include in a semi- annual update under subsection (a) the matters de- scribed in paragraph (2) of such subsection with respect to decisions of the Board relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31, United States Code, as of the date of the semiannual update. ‘‘(c) FORM OF UPDATE.—The co-chairs may provide a semiannual update under subsection (a) either in the form of a briefing or a written report.’’ SERVICE OF INCUMBENT USD FOR ATL IN POSITION Pub. L. 114–328, div. A, title IX, § 901(a)(2), Dec. 23, 2016, 130 Stat. 2339, which provided that the Under Sec- retary of Defense for Acquisition, Technology, and Lo- gistics serving as of Feb. 1, 2018, could continue as Under Secretary of Defense for Research and Engineer- ing, without further appointment under this section, was repealed by Pub. L. 115–91, div. A, title IX, § 901, Dec. 12, 2017, 131 Stat. 1511. 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 De- fense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on each case in which a major defense acquisition pro- gram, 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 accord- ance 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 Develop- mental Test and Evaluation on the basis of an assess- ment 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 de- velopmental test and evaluation plan that the Dep- uty Assistant Secretary determined to be inad- equate. ‘‘(ii) An explanation of the reasons why the pro- gram 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 ad- dress the concerns of the Deputy Assistant Sec- retary. ‘‘(B) For each program covered by paragraph (1)(B), the report shall include the following: ‘‘(i) An explanation of the reasons why the pro- gram proceeded to initial operational testing and evaluation notwithstanding the findings of the as- sessment 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 assess- ment 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 devel- opmental testing on a major defense acquisition pro- gram without an approved test and evaluation master plan in place, the Under Secretary of Defense for Acqui- sition, Technology, and Logistics shall provide to the congressional defense committees a written expla- 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—