§ 133b. Under Secretary of Defense for Acquisition and Sustainment

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title IX § 901(b) · 130 Stat. 2000

   Enacted · 10 U.S.C. § 133b

   Added Pub. L. 114–328, div. A, title IX, § 901(b), Dec. 23, 2016, 130 Stat. 2340

   Source evidence

   Code source credit
   Added Pub. L. 114–328, div. A, title IX, § 901(b), Dec. 23, 2016, 130 Stat. 2340

   Enacted provision · exact public law section
   (b) Under Secretary of Defense for Acquisition and Sustainment.— Effective on February 1, 2018, chapter 4 of title 10, United States Code, is further amended by inserting after section 133a, as added by subsection (a), the following new section: “§ 133b. Under Secretary of Defense for Acquisition 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 consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive system development, engineering, production, or management background and experience with managing complex 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 authority, direction, and control of the Secretary of Defense, the Under Secretary shall perform such duties and exercise such powers as the Secretary may prescribe, including— “(1) serving as the chief acquisition and sustainment officer of the Department of Defense with the mission of delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department); “(2) establishing policies on, and supervising, all elements of the Department relating to acquisition (including system design, development, 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) serving as— “(A) the principal advisor to the Secretary on acquisition and sustainment in the Department; “(B) the senior procurement executive for the Department for the purposes of section 1702(c) of title 41; and “(C) the Defense Acquisition Executive for purposes of regulations and procedures of the Department providing for a Defense Acquisition Executive; “(5) overseeing the modernization of nuclear forces and the development of capabilities to counter weapons of mass destruction, and serving as the chairman of the Nuclear Weapons Council and the co-chairman of the Council on Oversight of the National Leadership Command, Control, and Communications System; “(6) 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 Secretary shall exercise supervisory authority over service acquisition programs for which the service acquisition executive is the milestone decision authority; and “(7) to the extent directed by the Secretary, exercising 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. “(c) Precedence in Department of Defense.— “(1) Precedence in matters of responsibility.— 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, the Deputy Secretary of Defense, and the Under Secretary of Defense for Research and Engineering. “(2) Precedence in other matters.— With regard 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.” .

2. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 902 · 131 Stat. 1283

   Substituted · 10 U.S.C. § 133b(b)(6)

   Pub. L. 115–91, § 902, substituted “advisory authority” for “supervisory authority”

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 115–91, § 902, substituted “advisory authority” for “supervisory authority”.

   Enacted provision · exact public law section
   SEC. 902. CLARIFICATION OF AUTHORITY OF UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND SUSTAINMENT WITH RESPECT TO SERVICE ACQUISITION PROGRAMS FOR WHICH THE SERVICE ACQUISITION EXECUTIVE IS THE MILESTONE DECISION AUTHORITY.   Effective on February 1, 2018, and immediately after the coming into effect of the amendment made by section 901(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2340), subsection (b)(6) of section 133b of title 10, United States Code, as added by such section 901(b), is amended by striking “supervisory authority” and inserting “advisory authority”.

3. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 910(c)(3)(A) · 131 Stat. 1283

   Inserted · 10 U.S.C. § 133b(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,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by inserting “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”; and

4. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 910(c)(3)(B) · 131 Stat. 1283

   Inserted · 10 U.S.C. § 133b(c)(2)

   Pub. L. 115–91, § 910(c)(3)(B), inserted “the Chief Management Officer,” after “the Deputy Secretary,”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 115–91, § 910(c)(3)(B), inserted “the Chief Management Officer,” after “the Deputy Secretary,”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by inserting “the Chief Management Officer,” after “the Deputy Secretary,”.

5. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 902(92) · 133 Stat. 1198

   Inserted · 10 U.S.C. § 133b(b)(2)

   Pub. L. 116–92, § 902(92), inserted “appropriate prototyping activities,” after “development,”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 116–92, § 902(92), inserted “appropriate prototyping activities,” after “development,”.

   Enacted provision · exact public law section
   (92) Section 133b(b)(2) of title 10, United States Code, is amended by inserting “appropriate prototyping activities,” after “development,”.

6. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 1662(a) · 133 Stat. 1198

   1. Added · 10 U.S.C. § 133b(b)(4)(8)

      Pub. L. 116–92, § 1662(a), added par. (4)

   2. Redesignated · 10 U.S.C. § 133b(b)(4)(8)

      Pub. L. 116–92, § 1662(a), redesignated former pars. (4) to (7) as (5) to (8), respectively, and in par. (6) inserted “, including the nuclear command, control, and communications system,” after “modernization of nuclear forces”

   Source evidence

   Code amendment note
   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 system,” after “modernization of nuclear forces”.

   Enacted provision · exact public law section
   (a) Duties and Powers of Under Secretary of Defense for Acquisition and Sustainment.— Section 133b(b) of title 10, United States Code, is amended— (1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; (2) by inserting after paragraph (3) the following new paragraph (4): “(4) establishing policies for, and providing oversight, guidance, and coordination with respect to, the nuclear command, control, and communications system;” ; and (3) in paragraph (6), as redesignated by paragraph (1), by inserting after “overseeing the modernization of nuclear forces” the following: “, including the nuclear command, control, and communications system,”.

7. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 811(a)(2) · 134 Stat. 3388

   Added · 10 U.S.C. § 133b(b)(9)

   Pub. L. 116–283, § 811(a)(2), added par. (9)

   Source evidence

   Code amendment note
   Subsec. (b)(9). Pub. L. 116–283, § 811(a)(2), added par. (9).

   Enacted provision · exact public law section
   (2) Duties of the under secretary of defense for acquisition and sustainment.— Section 133b(b) of title 10, United States Code, is amended— (A) in paragraph (7), by striking “and” at the end; (B) in paragraph (8), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new paragraph: “(9) advising the Secretary on all aspects of acquisition and sustainment relating to— “(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 2500 of this title).” .

   Effective date note
   Amendment by section 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed 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.

8. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 133b(b)(9)(C)

   Pub. L. 116–283, § 1883(b)(2), substituted “section 4801” for “section 2500”

   Source evidence

   Code amendment note
   Subsec. (b)(9)(C). Pub. L. 116–283, § 1883(b)(2), substituted “section 4801” for “section 2500”.

   Enacted provision · exact public law section
   * * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.

   Effective date note
   Amendment by section 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed 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.

9. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 901(a)(2)(A) · 137 Stat. 136

   Struck · 10 U.S.C. § 133b(c)(1)

   Pub. L. 118–31, § 901(a)(2)(A), struck out “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 118–31, § 901(a)(2)(A), struck out “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “the Chief Management Officer of the Department of Defense,”; and

10. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 901(a)(2)(B) · 137 Stat. 136

    Struck · 10 U.S.C. § 133b(c)(2)

    Pub. L. 118–31, § 901(a)(2)(B), struck out “the Chief Management Officer,” after “the Deputy Secretary,”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 118–31, § 901(a)(2)(B), struck out “the Chief Management Officer,” after “the Deputy Secretary,”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “the Chief Management Officer,”;

11. 2024

    Pub. L. 118–159 § 1621(b)(1) · 138 Stat. 2026

    Added · 10 U.S.C. § 133b(b)(5)(D); 10 U.S.C. § 133b(b)(5)(E)

    Pub. L. 118–159, § 1621(b)(1), added subpars. (D) and (E)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(5)(D), (E). Pub. L. 118–159, § 1621(b)(1), added subpars. (D) and (E).

12. 2024

    Pub. L. 118–159 § 1621(b)(2) · 138 Stat. 2026

    Amended · 10 U.S.C. § 133b(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 capabilities to counter weapons of mass destruction, and serving as the chairman of the Nuclear Weapons Council and the co-chairman of the Council on Oversight of the National Leadership Command, Control, and Communications System;”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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 capabilities to counter weapons of mass destruction, and serving as the chairman of the Nuclear Weapons Council and the co-chairman of the Council on Oversight of the National Leadership Command, Control, and Communications System;”.

13. 2024

    Pub. L. 118–159 § 903(a)(1) · 138 Stat. 2026

    Added · 10 U.S.C. § 133b(b)(10)

    Pub. L. 118–159, § 903(a)(1), added par. (10)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(10). Pub. L. 118–159, § 903(a)(1), added par. (10).

14. 2025

    Pub. L. 119–60 § 1801(a)(2)(A)(i) · 139 Stat. 1221

    Substituted · 10 U.S.C. § 133b(b)(1)

    Pub. L. 119–60, § 1801(a)(2)(A)(i), substituted “delivers end-user capabilities with speed and innovation to counter threats and cost-effectively sustain the military advantage of the United States” for “delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department)”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 119–60, § 1801(a)(2)(A)(i), substituted “delivers end-user capabilities with speed and innovation to counter threats and cost-effectively sustain the military advantage of the United States” for “delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department)”.

15. 2025

    Pub. L. 119–60 § 1801(a)(2)(A)(ii) · 139 Stat. 1221

    Substituted · 10 U.S.C. § 133b(b)(9)(A)

    Pub. L. 119–60, § 1801(a)(2)(A)(ii), substituted “the defense acquisition system, in accordance with the objectives established pursuant to section 3102 of this title” for “defense acquisition programs”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(9)(A). Pub. L. 119–60, § 1801(a)(2)(A)(ii), substituted “the defense acquisition system, in accordance with the objectives established pursuant to section 3102 of this title” for “defense acquisition programs”.

11 of 16 references resolved to an enrolled provision · 5 unresolved