§1737 — Title 10 Armed Forces | U.S. Code

Summary

Names key job titles and sets rules about who may fill important acquisition roles and when a waiver is allowed. Program manager — the acquisition workforce member who runs a defense acquisition program, whatever their job title. Deputy program manager — the person who can act for the program manager when they are absent. Significant nonmajor defense acquisition program — a DoD program that is not a major program and is expected to need more than the dollar thresholds in section 3041(b)(1) for research, development, test, and evaluation or for procurement. Portfolio acquisition executive — the person described in section 1732(a). Senior contracting official — a contracting director or principal deputy in key DoD offices or major contracting units. Any civilian or military acquisition worker who does not meet the education, training, and experience requirements for a critical acquisition job may not perform that job or use its authorities, except for up to six months unless a waiver is granted. The Secretary of each military department (through the service acquisition executive) or the Secretary of Defense (through the Under Secretary of Defense for Acquisition and Sustainment) may waive the requirements case by case. A waiver can be granted only for unusual circumstances or if the person’s qualifications make the formal requirements unnecessary.

Title 10, §1737

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a)(4). Pub. L. 119–60 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The term ‘program executive officer’ has the meaning given such term in

Regulations

prescribed by the Secretary of Defense.” 2021—Subsec. (a)(3). Pub. L. 116–283 substituted “section 4201” for “section 2430” and substituted “section 3041(b)(1)” for “section 2302(5)(A)” in two places. 2019—Subsec. (a)(1). Pub. L. 116–92, § 861(j)(11)(A), substituted “of the acquisition workforce” for “of the Acquisition Corps”. Subsec. (b). Pub. L. 116–92, § 861(j)(11)(B), substituted “of the acquisition workforce” for “of the Corps”. Subsec. (c). Pub. L. 116–92, § 902(21), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”. 2003—Subsec. (a)(1). Pub. L. 108–136, § 833(2), substituted “the Acquisition Corps” for “an Acquisition Corps”. Subsec. (c). Pub. L. 108–136, § 831(b)(5), substituted “The Secretary” for “(1) The Secretary” and struck out par. (2) which read as follows: “The authority to grant such waivers may be delegated— “(A) in the case of the service acquisition executives of the military departments, only to the Director of Acquisition Career Management for the military department concerned; and “(B) in the case of the Under Secretary of Defense for Acquisition, Technology, and Logistics, only to the Director of Acquisition Education, Training, and Career Development.” Subsec. (d). Pub. L. 108–136, § 832(b)(4), struck out heading and text of subsec. (d). Text read as follows: “The Secretary of Defense shall submit any requirement with respect to civilian employees established under this subchapter to the Director of the Office of Personnel Management for approval. If the Director does not disapprove the requirement within 30 days after the date on which the Director receives the requirement, the requirement is deemed to be approved by the Director.” 2001—Subsec. (c)(1), (2)(B). Pub. L. 107–107 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”. 1993—Subsec. (c)(1), (2)(B). Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”. 1991—Subsec. (a)(3). Pub. L. 102–190, § 1061(c), substituted “the dollar threshold set forth in section 2302(5)(A) of this title for such purposes for a major system” for “$50,000,000 (based on fiscal year 1980 constant dollars)” and “the dollar threshold set forth in section 2302(5)(A) of this title for such purpose for a major system” for “$250,000,000 (based on fiscal year 1980 constant dollars)”. Subsec. (c)(2)(B). Pub. L. 102–190, § 1061(a)(8), struck out comma after “Director of Acquisition”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by 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.

§1737 Definitions and General Provisions