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

submitted 36 years ago by Pub. L. 101-510 to r/title-10-ARMED-FORCES · 426 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines several acquisition-workforce positions and programs. It limits who may perform the duties of a critical acquisition position and permits case-by-case waivers in specified circumstances.

(a) Definitions.—In this subchapter: (1) “Program manager” means the acquisition-workforce member responsible for managing a defense acquisition program, whatever the member’s title. (2) “Deputy program manager” means the person authorized to act for the program manager when the program manager is absent. (3) “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 the Secretary of Defense estimates will eventually require either research, development, test, and evaluation spending above the dollar threshold in section 3041(b)(1) of this title for a major system, or procurement spending above that threshold for a major system. (4) “Portfolio acquisition executive” means an individual described in section 1732(a) of this title. (5) “Senior contracting official” means a contracting director, or a principal deputy to one, serving in the office of a military department’s Secretary, a military department headquarters, the head of a Defense Agency, a subordinate command headquarters, or a major-systems or logistics contracting activity in the Department of Defense. (b) Limitation.—A civilian or military acquisition-workforce member who does not meet this subchapter’s education, training, and experience requirements for a critical acquisition position may not perform that position’s duties or use its authorities, except for no more than six months, unless a waiver is granted under subsection (c). (c) Waiver.—The Secretary of each military department, acting through that department’s service acquisition executive, may waive these requirements, on a case-by-case basis, with respect to assigning an individual to a particular critical acquisition position. The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, may do the same for Defense Agencies and other Department of Defense components. A waiver may be granted only when unusual circumstances justify it or when the Secretary concerned, or an official receiving delegated waiver authority, decides that the individual’s qualifications make the education, training, and experience requirements unnecessary.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1650; amended Pub. L. 102–190, div. A, title X, § 1061(a)(8), (c), Dec. 5, 1991, 105 Stat. 1472, 1475; Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 108–136, div. A, title VIII, §§ 831(b)(5), 832(b)(4), 833(2), Nov. 24, 2003, 117 Stat. 1549, 1550; Pub. L. 116–92, div. A, title VIII, § 861(j)(11), title IX, § 902(21), Dec. 20, 2019, 133 Stat. 1520, 1545; Pub. L. 116–283, div. A, title XVIII, §§ 1806(e)(4), 1846(i)(4), Jan. 1, 2021, 134 Stat. 4156, 4252; Pub. L. 119–60, div. A, title XVIII, § 1802(b)(2), Dec. 18, 2025, 139 Stat. 1227.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-510 · 104 Stat. 1650
  • 1991Amended · Pub. L. 102-190 · 105 Stat. 1472, 1475
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1728
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1225
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1549, 1550
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1520, 1545
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4156, 4252
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1227

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-510 on 1990-11-05.

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