Sec. 901. Under Secretary of Defense for Research and Engineering and related acquisition position in the Office of the Secretary of Defense
2,511 words·~11 min read·
/bill/114/s/2943/pcs/section-901A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 4 of title 10, United States Code, is amended by striking section 133 and inserting the following new section 133: 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 appointed from among persons who have an extensive management background and experience with managing complex or advanced technological programs. A person may not be appointed as Under Secretary of Defense for Research and Engineering within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
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 by— serving as the chief technology officer and the chief acquisition officer of the Department of Defense with the primary mission of defense technology innovation; overseeing, and serving as principal advisor to the Secretary on, all defense research, development, prototyping, and experimentation activities and programs, and unifying the efforts of defense laboratories and the rapid capabilities offices of the military departments; establishing policies, and serving as principal advisor to the Secretary, for all elements of the Department of Defense relating to acquisition and the oversight of, access to, and maintenance of the defense industrial base; overseeing the modernization of nuclear forces and the development of capabilities to counter weapons of mass destruction, and serving as the chair of the Nuclear Weapons Council; serving as the Defense Acquisition Executive for purposes of regulations and procedures of the Department of Defense providing for a Defense Acquisition Executive; and exercising advisory authority over national security acquisition programs of the armed forces for which the Service Acquisition Executive is the Milestone Decision Authority.
The following officials shall report directly to the Under Secretary: The Assistant Secretary of Defense for Acquisition Policy and Oversight. The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense. The Director of the Defense Advanced Research Projects Agency. The Director of the Missile Defense Agency. The Director of the Strategic Capabilities Office (or any successor organization). The Director of the Defense Threat Reduction Agency. The Director of the Defense Acquisition University.
The head of any office or agency of the Department of Defense with the primary mission of defense technology innovation that is specified by the Secretary of Defense for purposes of this subsection. 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. 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, and the Secretaries of the military departments. .
Effective as of the date of the enactment of this Act, subparagraph
(A)of section 901(j)(2) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3462) is repealed, and the amendment otherwise to be made by such subparagraph shall not be made or go into effect. Chapter 4 of title 10, United States Code, is further amended— by striking sections 139b and 139c; and by redesignating sections 139 and 139a as sections 139a and 139b, respectively. Chapter 4 of title 10, United States Code, is further amended— in section 138(b)— by striking paragraphs (6), (7), (8), and (9); by inserting after paragraph
(5)the following new paragraph (6): One of the Assistant Secretaries shall be the Assistant Secretary of Defense for Acquisition Policy and Oversight, as provided for in section 139 of this title. ; and by redesignating paragraph
(10)as paragraph (7); and by inserting after section 138, as so amended, the following new section 139: There is an Assistant Secretary of Defense for Acquisition Policy and Oversight, appointed as provided in section 138(a)(2) of this title. The Assistant Secretary shall be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with an extensive management background and experience in acquisition, industrial incentives, and contracting. The Assistant Secretary shall report to the Under Secretary of Defense for Research and Engineering. Subject to the authority, direction, and control of the Secretary of Defense and the Under Secretary of Defense for Research and Engineering, the Assistant Secretary shall perform such duties and exercise such powers relating to defense acquisition as the Secretary and the Under Secretary may prescribe, including— overseeing, and advising the Secretary and the Under Secretary on, matters relating to the acquisition of Department of Defense national security capabilities; establishing acquisition policy for the Department of Defense, including development, production, procurement, testing, logistics, maintenance, contracting support, and other life-cycle considerations for all acquisition activities of the Department; establishing policies of the Department of Defense for overseeing, accessing, and maintaining the defense industrial base of the United States and its allies, including industrial restructuring, technology release and protection, and intellectual property matters; exercising advisory authority on behalf of the Under Secretary over national security acquisition programs of the armed forces for which the Service Acquisition Executive is the Milestone Decision Authority; serving as the senior procurement executive for the Department of Defense for the purposes of section 1702(c) of title 41; and exercising overall supervision of all military and civilian personnel in the Office of the Secretary of Defense, unless otherwise provided by law, with regard to matters for which the Assistant Secretary has responsibility. There is a Deputy Assistant Secretary of Defense for Logistics and Sustainment. The Deputy Assistant Secretary shall be appointed by the Secretary of Defense from among individuals who have extensive experience in military logistics, maintenance, and sustainment support. The Deputy Assistant Secretary shall assist the Assistant Secretary by overseeing logistics, maintenance, and sustainment support for elements of the Department, including the following: Management and sustainment of weapon systems. Readiness and sustainment support for the combatant commands. Sustainment and readiness of the organic industrial base. Development, management, integration, and innovation of and within the life cycle management and supply chain of weapon systems. Subject to the authority, direction, and control of the Assistant Secretary, in carrying out such duties, the Deputy Assistant Secretary shall work closely with the following: The Under Secretary of Defense for Management and Support and the Director of the Defense Logistics Agency Acquisition personnel of the armed forces, the Department of Defense, and the military departments. . Section 132a of title 10, United States Code, is amended by striking Under Secretary of Defense for Business Management and Information each place it appears and inserting Under Secretary of Defense for Management and Support . Such section is further is amended— in subsection (c), by adding at the end the following new paragraphs: Overseeing, supervising, and directing the activities of Defense Agencies responsible for the execution of policies and practices relating to the purchase of consumable goods, spare parts, services, and utilities, the execution of audits, contract administration, real property and installation support, procurement on behalf of other nations, and logistics, maintenance, and sustainment support for elements of the Department of Defense. Subject to subsection (e), ensuring that audit and oversight of contractor activities are coordinated and executed in a manner to prevent duplication by different elements of the Department of Defense, and providing for coordination of the annual plans developed by each such element for the conduct of audit and oversight functions within each contracting activity. ; and by striking subsection
(d)and insert the following new subsections: The following officials shall report directly to the Under Secretary: The Director of the Defense Logistics Agency. The Director of the Defense Contract Management Agency. The Director of the Defense Contract Audit Agency. The Administrator of the Defense Technical Information Center. The Director of the Office of Economic Adjustment. The Director of the Defense Commissary Agency. The Director of the Defense Finance and Accounting Service. The Director of Washington Headquarters Services. The Director of the Pentagon Force Protection Agency. The head of any agency of the Department of Defense with a business management mission that is specified by the Secretary of Defense for purposes of this subsection. In carrying out subsection (c)(8), the Under Secretary shall consult with the Inspector General of the Department of Defense. Nothing in this section 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 (5 U.S.C. App.) and otherwise to carry out the functions of the Inspector General under that Act. . The following provisions of law are each amended by striking Under Secretary of Defense for Business Management and Information and inserting Under Secretary of Defense for Management and Support ; Section 134(c) of title 10, United States Code. Section 2222 of title 10, United States Code. Section 5313 of title 5, United States Code Section 901(n)(1) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015. The heading of section 132a of title 10, United States Code, is amended to read as follows: . The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 132a and inserting the following new item: 132a. Under Secretary of Defense for Management and Support. . The amendments made by this subsection shall take effect on February 1, 2017, immediately after the coming into effect of the amendments made by subsection (a)(1), and related provisions, of section 901 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015, to which the amendments made by this subsection relate. Subparagraph
(A)of section 131(b)(2) of title 10, United States Code, is amended to read as follows: The Under Secretary of Defense for Research and Engineering. . Paragraph
(2)of section 901(a) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 is amended to read as follows: Effective on the effective date specified in paragraph (1), section 131(b)(2) of such title is amended— by redesignating subparagraphs
(B)through
(E)as subparagraphs
(C)through (F), respectively; and by inserting after subparagraph
(A)by the following new subparagraph (B): The Under Secretary of Defense for Management and Support.’ . The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended— by striking the item relating to section 133 and inserting the following new item: 133. Under Secretary of Defense for Research and Engineering. ; and by striking the items relating to sections 139, 139a, 139b, and 139c and inserting the following new items: 139. Assistant Secretary of Defense for Acquisition Policy and Oversight. 139a. Director of Operational Test and Evaluation. 139b. Director of Cost Assessment and Program Evaluation. . Section 5313 of title 5, United States Code, is amended by striking the item relating to the Under Secretary of Defense for Acquisition, Technology, and Logistics and inserting the following new item: Under Secretary of Defense for Research and Engineering. . Except as otherwise provided in this section, the Secretary of Defense shall commence implementation of this section and the amendments made by this section on the date of the enactment of this Act. Any individual nominated by the President who takes office in 2017 to a position under section 133 or 139 of title 10, United States Code (as amended by this section), shall meet the qualifications and other requirements of such position as specified in such section. Not later than March 1, 2017, the Secretary of Defense shall submit to the congressional defense committees the following: A plan for the full implementation of this section and the amendments made by this section. A report that describes the concerns, if any, that the Secretary has with the requirements of this section and the amendments made by this section, and recommendations for such legislative action to address such concerns as the Secretary considers appropriate. The Secretary shall complete the implementation of this section and the amendments made by this section not later than January 20, 2018. The incumbent in each position under a provision of law repealed or superseded by a provision of this section as of the day before the date of the enactment of this Act may, at the election of the Secretary of Defense, remain in such position after the date of the enactment of this Act in accordance with the terms of the provision so repealed or superseded as in effect on the day before the date of the enactment of this Act. The rate of pay payable under title 5, United States Code, to an incumbent covered by paragraph
(1)for service in the applicable position after the date of the enactment of this Act shall be the rate of pay payable for such position under chapter 53 of title 5, United States Code, as of the day before the date of the enactment of this Act. Any reference to the Under Secretary of Defense for Acquisition, Technology, and Logistics in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Under Secretary of Defense for Research and Engineering. Any reference to the Assistant Secretary of Defense for Acquisition in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to a position designated by the Assistant Secretary of Defense for Acquisition Policy and Oversight. Any reference to the Assistant Secretary of Defense for Logistics and Materiel Readiness in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the position designated by the Secretary for purposes of this paragraph. Any reference to the Assistant Secretary of Defense for Research and Engineering in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Under Secretary of Defense for Research and Engineering. Any reference to the Assistant Secretary of Defense for Energy, Installations, and the Environment in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the position designated by the Secretary for purposes of this paragraph. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting for comprehensive recommendations for such conforming and other amendments to law as the Secretary considers appropriate in light of this section and the amendments made by this section.
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
- 128 Stat. 3462
Citation graph
cites case law
Sec. 901
Under Secretary of Defense for Research and Engineering and related acquisition position in the Office of the Secretary of Defense
Stat.128 Stat. 3462
Cites 2Cited by 0 across 0 sources