USC Subchapter III

in effect

10 U.S.C. § 1731 Critical acquisition positions

(a) Designation of Critical Acquisition Positions.—(1) The Secretary of Defense shall designate the acquisition positions in the Department of Defense that are critical acquisition positions. Such positions shall include the following:(A) Any acquisition position which—(i) in the case of employees, is required to be filled by an employee in a senior position in the National Security Personnel System, as determined in accordance with guidelines prescribed by the Secretary, or in the Senior Executive Service; or (ii) in the case of members of the armed forces, is required to be filled by a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving in the grade of lieutenant colonel, or, in the case of the Navy, commander, or a higher grade. (B) Other selected acquisition positions not covered by subparagraph (A), including the following:(i) Portfolio acquisition executive. (ii) Program manager of a major defense acquisition program (as defined in section 4201 of this title) or of a significant nonmajor defense acquisition program (as defined in section 1737(a)(3) of this title). (iii) Deputy program manager of a major defense acquisition program. (iv) Product support manager. (C) Any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties. (2) The Secretary shall periodically publish a list of the positions designated under this subsection. (b) Promotion Rate for Officers in the Acquisition Workforce.—The Secretary of Defense shall ensure that the qualifications of commissioned officers in the acquisition workforce are such that those officers are expected, as a group, to be promoted at a rate not less than the rate for all line (or the equivalent) officers of the same armed force (both in the zone and below the zone) in the same grade. (c) Mobility Statements.—(1) The Secretary of Defense is authorized to require civilians in critical acquisition positions to sign mobility statements. (2) The Secretary of Defense shall identify which categories of civilians in critical acquisition positions, as a condition of employment, shall be required to sign mobility statements. The Secretary shall make available published information on such identification of categories.

10 U.S.C. § 1732 Portfolio acquisition executive

(a) In General.—A portfolio acquisition executive is the senior acquisition official designated by the component acquisition executive or the service acquisition executive of the military department concerned, as applicable, to lead a portfolio of capabilities, with authority for plans, budgets, and execution of programs assigned to the portfolio, including life-cycle management. (b) Reporting Relationships.—To ensure streamlined accountability for management, the following relationships shall apply:(1) Each program manager (as defined in section 1737 of this title) for a defense acquisition program shall report directly to the portfolio acquisition executive for such program unless otherwise directed by the component acquisition executive or service acquisition executive of the military department concerned (as applicable). (2) Each portfolio acquisition executive shall report directly to the component acquisition executive or the service acquisition executive of the military department concerned (as applicable). (3) The component acquisition executive or service acquisition executive of the military department concerned (as applicable) shall oversee the designation of, performance of, and resource allocation for all portfolio acquisition executives. (c) Responsibilities.—For the defense acquisition programs assigned to a portfolio acquisition executive, such portfolio acquisition executive shall—(1) ensure that activities carried out under such programs are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established pursuant to section 3102 of this title; (2) subject to the authority, direction, and control of the component acquisition executive or service acquisition executive of the military department concerned (as applicable)—(A) carry out all powers, functions, and duties of the component acquisition executive or service acquisition executive concerned (as applicable) with respect to members of the acquisition workforce assigned to the portfolio acquisition executive; and (B) ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented in such portfolio; (3) coordinate with the relevant service chief (as defined in section 3101 of this title) when evaluating, modifying, or implementing requirements determinations, performance objectives, procurement quantity objectives, and materiel readiness objectives established under section 118(c) of this title; (4) liaise and collaborate directly with operational users of such defense acquisition programs to receive regular feedback to ensure the effectiveness and suitability of capabilities; (5) provide timely information to the relevant service chief, the Joint Staff, the Director of Cost Assessment and Program Evaluation, and other officials identified by the Secretary of Defense on cost, schedule, and performance trade-offs of defense acquisition programs assigned to the portfolio acquisition executive; (6) employ iterative development cycles with the authority to modify, discontinue, or terminate the development of capabilities—(A) that no longer align with a joint capability requirement (as defined in section 181 of this title) or other capability requirement established by the Secretary or relevant service chief; or (B) that are experiencing significant cost growth, technical or performance deficiencies, or delays in schedule; (7) collaborate with mission engineering functions of the Department of Defense to conduct cross-service technical and operational activities to coordinate integration of emerging technologies, prototypes, and operational concepts, as appropriate; and (8) ensure effective market research and, to the maximum extent practical, prioritize—(A) the use of transactions for prototype projects under section 4022; and (B) the procurement of commercial products and commercial services under chapter 247 of this title. (d) Personnel and Resources.—(1) The Secretary concerned with respect to a portfolio acquisition executive shall ensure that each such portfolio acquisition executive is assigned dedicated personnel and other resources required to successfully perform the assigned duties and responsibilities of such portfolio acquisition executive. (2) Personnel shall be under the authority and control of such portfolio acquisition executive subject to the component acquisition executive or service acquisition executive of the department concerned. Personnel and resources shall not be provided through matrixed, collateral duty, or dual-reporting arrangements, except as specifically authorized by the Secretary concerned in writing. (3) Personnel and resources required include—(A) contracting and contract management; (B) estimating costs; (C) financial management and business; (D) life-cycle management and product support; (E) program management; (F) engineering and technical management; (G) developmental testing and evaluation; and (H) other personnel as determined by the Secretary concerned, as appropriate.

10 U.S.C. § 1733 Product support manager

(a) In General.—A product support manager is the individual responsible for managing product support required to field and maintain the readiness and operational capability of a covered system throughout the life cycle of the covered system. (b) Designation.—The Secretary of Defense shall designate a product support manager for each covered system who shall be coequal with the program manager for such covered system and report directly to the portfolio acquisition executive responsible for such covered system. (c) Objectives.—The product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to section 3102 of this title and shall identify, develop, implement, incentivize, and measure quantifiable best value outcome-based product support that optimizes life-cycle cost, readiness, and operational capability of a covered system. (d) Specific Responsibilities.—A product support manager shall be responsible for the following with respect to a covered system:(1) Developing and executing the product support strategy required under section 4324 of this title. (2) Providing product support and subject matter expertise to the relevant program manager and portfolio acquisition executive. (3) 11 So in original. There are two pars. (3). Collaborating with chief engineers and systems engineers—(A) in developing the life-cycle sustainment plan and product support strategy required under section 4324 of this title; and (B) to analyze the operating and support costs to ensure cost-effective operation, management, and availability of the covered system. (3) 1 Adopting predictive analytics and simulation and modeling tools to improve materiel availability and reliability, increase operational availability rates, and reduce operation and sustainment costs. (4) Conducting product support business case analyses to provide a structured, iterative methodology to compare and assess the full impact of product support alternatives and provide data-informed recommendations that balance requirements with affordability. Such analyses shall—(A) enable the development of the product support strategy as early as possible, but not later than Milestone B approval has been granted for the covered system; and (B) inform proposed updates or changes in the product support strategy as needed. (5) Reviewing and recommending resource allocations across product support integrators and product support providers to meet performance requirements of the product support strategy. (6) Coordinating product support arrangements between product support integrators and product support providers across materiel commands, depots, sustainment working capital funds, and commercial entities to execute the product support strategy and maintain updated parts cataloging and provisioning. (7) Seeking to resolve issues relating to diminishing manufacturing supply, material shortages, critical 22 So in original. Probably should be preceded by “and”. readiness items of supply. (8) Managing the end-to-end coordination process related to qualification, certification, and testing of alternative sources of supply for critical readiness items of supply. (9) Ensuring the evaluation and selection of product support integrators and product support providers that are best suited to execute the product support strategy. (e) Definitions.—In this section:(1) The term “best value” has the meaning given in section 3101 of this title. (2) The terms “covered system”, “critical readiness items of supply”, “product support”, “product support arrangement”, “product support integrator”, and “product support provider” have the meanings given, respectively, in section 4324 of this title.

10 U.S.C. § 1734 Career development

(a) Three-Year Assignment Period.—(1) Except as provided under subsection (b) and paragraph (3), the Secretary of each military department, acting through the service acquisition executive for that department, shall provide that any person who is assigned to a critical acquisition position shall be assigned to the position for not fewer than three years. Except as provided in subsection (d), the Secretary concerned may not reassign a person from such an assignment before the end of the three-year period. (2) A person may not be assigned to a critical acquisition position unless the person executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position for at least three years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (b). (3) The assignment period requirement of the first sentence of paragraph (1) is waived for any individual serving as a deputy program manager if the individual is assigned to a critical acquisition position upon completion of the individual’s assignment as a deputy program manager. (b) Assignment Period for Program Managers.—(1) The Secretary of Defense shall prescribe in regulations—(A) a requirement that a program manager and a deputy program manager (except as provided in paragraph (3)) of a major defense acquisition program be assigned to the position at least until completion of the major milestone that occurs closest in time to the date on which the person has served in the position for four years; and (B) a requirement that, to the maximum extent practicable, a program manager who is the replacement for a reassigned program manager arrive at the assignment location before the reassigned program manager leaves. Except as provided in subsection (d), the Secretary concerned may not reassign a program manager or deputy program manager from such an assignment until after such major milestone has occurred. (2) A person may not be assigned to a critical acquisition position as a program manager or deputy program manager of a major defense acquisition program unless the person executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position at least until completion of the first major milestone that occurs closest in time to the date on which the person has served in the position for four years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (d). (3) The assignment period requirement under subparagraph (A) of paragraph (1) is waived for any individual serving as a deputy program manager if the individual is assigned to a critical acquisition position upon completion of the individual’s assignment as a deputy program manager. (c) Major Milestone Regulations.—(1) The Secretary of Defense shall issue regulations defining what constitutes major milestones for purposes of this section. The service acquisition executive of each military department shall establish major milestones at the beginning of a major defense acquisition program consistent with such regulations and shall use such milestones to determine the assignment period for program managers and deputy program managers under subsection (b). (2) The regulations shall require that major milestones be clearly definable and measurable events that mark the completion of a significant phase in a major defense acquisition program and that such milestones be the same as the milestones contained in the baseline description established for the program pursuant to section 4214(a) of this title. The Secretary shall require that the major milestones as defined in the regulations be included in the Selected Acquisition Report required for such program under section 4351 of this title. (d) Waiver of Assignment Period.—(1) With respect to a person assigned to a critical acquisition position, the Secretary concerned may waive the prohibition on reassignment of that person (in subsection (a)(1) or (b)(1)) and the service obligation in an agreement executed by that person (under subsection (a)(2) or (b)(2)), but only in exceptional circumstances in which a waiver is necessary for reasons permitted in regulations prescribed by the Secretary of Defense. (2) With respect to each waiver granted under this subsection, the service acquisition executive (or his delegate) shall set forth in a written document the rationale for the decision to grant the waiver. (e) Rotation Policy.—(1) The Secretary of Defense shall establish a policy encouraging the rotation of members of the acquisition workforce serving in critical acquisition positions to new assignments after completion of five years of service in such positions, or, in the case of a program manager, after completion of a major program milestone, whichever is longer. Such rotation policy shall be designed to ensure opportunities for career broadening assignments and an infusion of new ideas into critical acquisition positions. (2) The Secretary of Defense shall establish a procedure under which the assignment of each person assigned to a critical acquisition position shall be reviewed on a case-by-case basis for the purpose of determining whether the Government and such person would be better served by a reassignment to a different position. Such a review shall be carried out with respect to each such person not later than five years after that person is assigned to a critical position. (f) Centralized Job Referral System.—The Secretary of Defense shall prescribe regulations providing for the use of centralized lists to ensure that persons are selected for critical positions without regard to geographic location of applicants for such positions. (g) Exchange Program.—The Secretary of Defense shall establish, for purposes of broadening the experience of members of the acquisition workforce, a test program in which members of the acquisition workforce serving in a military department or Defense Agency are assigned or detailed to an acquisition position in another department or agency. Under the test program, the Secretary of Defense shall ensure that, to the maximum extent practicable, at least 5 percent of the members of the acquisition workforce in critical acquisition positions shall serve in such exchange assignments each year. The test program shall operate for not less than a period of three years. (h) Responsibility for Assignments.—The Secretary of each military department, acting through the service acquisition executive for that department, is responsible for making assignments of civilian and military personnel of that military department who are members of the acquisition workforce to critical acquisition positions.

10 U.S.C. § 1735 Education, training, and experience requirements for critical acquisition positions

(a) Qualification Requirements.—In establishing the education, training, and experience requirements under section 1723 of this title for critical acquisition positions, the Secretary of Defense shall, at a minimum, include the requirements set forth in subsections (b) through (e). (b) Program Managers and Deputy Program Managers.—Before being assigned to a position as a program manager or deputy program manager of a major defense acquisition program or a significant nonmajor defense acquisition program, a person—(1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution determined to be comparable by the Secretary of Defense; (2) must have executed a written agreement as required in section 1734(b)(2); and (3) in the case of—(A) a program manager of a major defense acquisition program, must have at least eight years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization; (B) a program manager of a significant nonmajor defense acquisition program, must have at least six years of experience in acquisition; (C) a deputy program manager of a major defense acquisition program, must have at least six years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization; and (D) a deputy program manager of a significant nonmajor defense acquisition program, must have at least four years of experience in acquisition. (c) Product Support Manager.—Before being assigned to a position as product support manager, a person—(1) shall have completed all life-cycle logistics certification and training requirements prescribed by the Secretary of Defense; (2) shall have executed a written agreement as required in section 1734(b)(2) of this title; and (3) in the case of—(A) a product support manager of a major defense acquisition program, shall have at least eight years of experience in life-cycle logistics, at least two years of which were performed in a systems program office or similar organization; (B) a product support manager of a significant nonmajor defense acquisition program, shall have at least six years of experience in life-cycle logistics; and (C) a product support manager for a covered system (as defined in section 4324 of this title), shall be designated as a key leadership position. (d) Portfolio Acquisition Executives.1—Before being assigned to a position as a portfolio acquisition executive, a person—(1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution in the private sector determined to be comparable by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment; (2) must have at least 10 years experience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position; and (3) must have held a position as a program manager or a deputy program manager. (e) General and Flag Officers and Civilians in Equivalent Positions.—Before a general or flag officer, or a civilian serving in a position equivalent in grade to the grade of such an officer, may be assigned to a critical acquisition position, the person must have at least 10 years experience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position. (f) Senior Contracting Officials.—Before a person may be assigned to a critical acquisition position as a senior contracting official, the person must have at least four years experience in contracting.

10 U.S.C. § 1737 Definitions and general provisions

(a) Definitions.—In this subchapter:(1) The term “program manager” means, with respect to a defense acquisition program, the member of the acquisition workforce responsible for managing the program, regardless of the title given the member. (2) The term “deputy program manager” means the person who has authority to act on behalf of the program manager in the absence of the program manager. (3) The term “significant nonmajor defense acquisition program” means a Department of Defense acquisition program that is not a major defense acquisition program (as defined in section 4201 of this title) and that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than the dollar threshold set forth in section 3041(b)(1) of this title for such purposes for a major system or an eventual total expenditure for procurement of more than the dollar threshold set forth in section 3041(b)(1) of this title for such purpose for a major system. (4) The term “portfolio acquisition executive” means an individual described in section 1732(a) of this title. (5) The term “senior contracting official” means a director of contracting, or a principal deputy to a director of contracting, serving in the office of the Secretary of a military department, the headquarters of a military department, the head of a Defense Agency, a subordinate command headquarters, or in a major systems or logistics contracting activity in the Department of Defense. (b) Limitation.—Any civilian or military member of the acquisition workforce who does not meet the education, training, and experience requirements for a critical acquisition position established under this subchapter may not carry out the duties or exercise the authorities of that position, except for a period not to exceed six months, unless a waiver of the requirements is granted under subsection (c). (c) Waiver.—The Secretary of each military department (acting through the service acquisition executive for that department) or the Secretary of Defense (acting through the Under Secretary of Defense for Acquisition and Sustainment) for Defense Agencies and other components of the Department of Defense may waive, on a case-by-case basis, the requirements established under this subchapter with respect to the assignment of an individual to a particular critical acquisition position. Such a waiver may be granted only if unusual circumstances justify the waiver or if the Secretary concerned (or official to whom the waiver authority is delegated) determines that the individual’s qualifications obviate the need for meeting the education, training, and experience requirements established under this subchapter.