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

Federal law — U.S. Code and appendices · legal_authorities

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

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Source file: Laws/federal/codes/united-states-code/title-10/section-1732-portfolio-acquisition-executive--6ddcd4bf44.md
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Source location: Title 10, Chapter 87, § 1732; chapter-087-defense-acquisition-workforce.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1737&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3102&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3101&num=0&edition=prelim)) when evaluating, modifying, or implementing requirements determinations, performance objectives, procurement quantity objectives, and materiel readiness objectives established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section181&num=0&edition=prelim)) 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 181 — Joint Requirements Oversight Council

**(a) In General.—** There is a Joint Requirements Oversight Council in the Department of Defense. **(b) Mission.—** In addition to other matters assigned to it by the President or Secretary of Defense, the Joint Requirements Oversight Council shall assist the Chairman of the Joint Chiefs of Staff in— (1) evaluating global trends, emerging threats, and adversary capabilities to inform understanding of joint operational problems and to shape joint force design; (2) coordinating with commanders of combatant commands to compile, refine, and prioritize joint operational problems; (3) continuously reviewing and assessing joint military capabilities of elements of the Department of Defense listed in [section 111(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section111/b&num=0&edition=prelim) in a manner that meets applicable requirements in the national defense strategy under [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim); (4) identifying and prioritizing gaps and opportunities in joint military capabilities, including making recommendations for changes to address such capability and capacity gaps; (5) identifying advances in technology, innovative commercial solutions, and concepts of operation that could improve the military advantage of the joint force; (6) recommending joint capability requirements that— (A) describe the joint operational problem to provide necessary context for the joint capability requirement; (B) proposes nonprescriptive solutions to joint operational problems; and (C) ensures system interoperability, where appropriate, between and among joint military capabilities; (7) designing the joint force in a manner t

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 181

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3101 — Definitions

In this chapter: (1) The term “best value” means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule. (2) The term “capability requirement” means a capability that is critical or essential to address an operational problem. (3) The term “cost-effective” means, with respect to an acquisition, delivering superior end-user results at equal or lower cost compared to alternatives. (4) The term “operational problem” means— (A) a challenge of a military department in achieving an assigned military objective based on current doctrine, emerging threats, or future concepts; and (B) may include limitations in capabilities, capacity, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, or among military capabilities. (5) The term “service chief” means— (A) the Chief of Staff of the Army, with respect to matters concerning the Army; (B) the Chief of Naval Operations, with respect to matters concerning the Navy; (C) the Commandant of the Marine Corps, with respect to matters concerning the Marine Corps; (D) the Chief of Staff of the Air Force, with respect to matters concerning the Air Force; and (E) the Chief of Space Operations, with respect to matters concerning the Space Force.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3102 — Objectives of the defense acquisition system

**(a) In General.—** The Secretary of Defense shall ensure that the defense acquisition system expeditiously provides the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to sustain the military advantage of the United States in the most cost-effective manner practicable. **(b) Guidance.—** The Secretary of Defense shall issue guidance to carry out subsection (a) and shall ensure that the defense acquisition system prioritizes the needs of end users and is validated by direct engagement, experimentation, and iteration. Such guidance shall require the following: (1) All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense. (2) A leadership culture and organizational structure that empowers individuals in the management of the defense acquisition system and encourages appropriate delegation authority, collaboration, and mission-focused risk-taking. (3) Sufficient numbers of members of the acquisition workforce to support the defense acquisition system, and that such members are properly trained and assigned. (4) Resource decisions for the defense acquisition system to prioritize best value and seek to balance life-cycle costs, schedule, performance, and quantity through continuous trade-off analysis informed by prototyping and direct feedback from end users. (5) Adoption and integration in the defense acquisition system of advanced approaches in digital engineering, model-based engineering, and simulation environments to enable rapid, iterative designs and technology insertion to maximize mission outcomes. (6) Active pursuit of innovative solutions to enhance

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3102

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Federal law — U.S. Code and appendices · legal_authorities

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041/b/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041/b/1&num=0&edition=prelim) for such purpose for a major system. (4) The term “portfolio acquisition executive” means an individual described in [section 1732(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1732/a&num=0&edition=prelim). (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 depa

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1737

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1724 — Contracting positions: qualification requirements

**(a) Contracting Officers.—** The Secretary of Defense shall require that, in order to qualify to serve in an acquisition position as a contracting officer with authority to award or administer contracts for amounts above the simplified acquisition threshold referred to in [section 3205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim), an employee of the Department of Defense or member of the armed forces (other than the Coast Guard) must, except as provided in subsections (c) and (d)— (1) have completed all contracting courses required for a contracting officer (A) in the case of an employee, serving in the position within the grade of the General Schedule in which the employee is serving, and (B) in the case of a member of the armed forces, in the member’s grade; (2) have at least two years of experience in a contracting position; (3) have received a baccalaureate degree from an accredited educational institution authorized to grant baccalaureate degrees; and (4) meet such additional requirements, based on the dollar value and complexity of the contracts awarded or administered in the position, as may be established by the Secretary of Defense for the position. **(b) GS–1102 Series Positions and Similar Military Positions.—** (1) The Secretary of Defense shall require that in order to qualify to serve in a position in the Department of Defense that is in the GS–1102 occupational series an employee or potential employee of the Department of Defense meet the requirement set forth in paragraph (3) of subsection (a). The Secretary may not require that in order to serve in such a position an employee or potential employee meet any of the requirements of paragraphs (1) and (2) of that subsection. (

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1724

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Federal law — U.S. Code and appendices · legal_authorities

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim)) or of a significant nonmajor defense acquisition program (as defined in [section 1737(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1737/a/3&num=0&edition=prelim)). (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 Se

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1731

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 199 — Joint Interagency Task Force 401

**(a) Establishment.—** There is established in the Department of Defense a joint activity to be known as the “Joint Interagency Task Force 401” (referred to in this section as the “Task Force”). **(b) Director.—** (1) There is a Director of the Task Force (referred to in this section as the “Director”) who shall be appointed by the Secretary of Defense from among personnel of the Department of Defense who are— (A) general or flag officers of the covered armed forces; or (B) members of the Senior Executive Service. (2) The Director shall report directly to the Deputy Secretary of Defense and shall serve as the principal advisor to the Deputy Secretary and the Chairman of the Joint Chiefs of Staff on counter-small unmanned aircraft system matters. **(c) Organization.—** The Task Force shall— (1) be designated as a jointly manned activity with full joint manning support from the covered armed forces as determined by the Director; and (2) shall consist of such other subordinate organizational elements as the Director determines appropriate, subject to the authority, direction, and control of the Secretary of Defense with support from designated organizational elements within the Office of the Secretary of Defense as determined by the Director in coordination with the Secretary. **(d) Responsibilities.—** The responsibilities of the Task Force shall include the following: (1) Lead, advocate, coordinate, and focus all Department of Defense actions in support of efforts of the combatant commands and the covered armed forces to defeat small unmanned aircraft systems (referred to in this section as “sUAS”) as weapons of strategic influence. (2) Integrate all counter-sUAS solutions throughout the Department of Defense, seeking interagency participation and assista

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 199

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3453 — Preference for commercial products and commercial services

**(a) Preference.—** The head of an agency shall ensure that, to the maximum extent practicable— (1) requirements of the agency with respect to a procurement of supplies or services are stated in terms of— (A) functions to be performed; (B) performance required; or (C) essential physical characteristics; (2) such requirements are defined so that commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products, may be procured to fulfill such requirements; and (3) offerors of commercial services, commercial products, and nondevelopmental items other than commercial products are provided an opportunity to compete in any procurement to fill such requirements. **(b) Implementation.—** The head of an agency shall ensure that acquisition officials in such agency and prime contractors and subcontractors (at any tier) performing contracts with such agency (including those performing consulting, research, and advisory services to acquisition officials of such agency) to the maximum extent practicable— (1) acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the agency; (2) require such prime contractors and subcontractors to incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the agency; (3) modify requirements in appropriate cases to ensure that the requirements can be met by commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products;

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3453

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8669b — Senior Technical Authority for each naval vessel class

**(a) Senior Technical Authority.—** (1) **Designation for each vessel class required.—** — The Secretary of the Navy shall designate, in writing, a Senior Technical Authority for each class of naval vessels as follows: (A) In the case of a class of vessels which has received Milestone A approval, an approval to enter into technology maturation and risk reduction, or an approval to enter into a subsequent Department of Defense or Department of the Navy acquisition phase as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, not later than 30 days after such date of enactment. (B) In the case of any class of vessels which has not received any approval described in subparagraph (A) as of such date of enactment, at or before the first of such approvals. (2) **Individuals eligible for designation.—** — Each individual designated as a Senior Technical Authority under paragraph (1) shall be an employee of the Navy in the Senior Executive Service in an organization of the Navy that— (A) possesses the technical expertise required to carry out the responsibilities specified in subsection (b); and (B) reports directly to the portfolio acquisition executive, established under [section 1732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1732&num=0&edition=prelim). (3) **Term.—** — Each Senior Technical Authority shall be designated for a fixed term, not shorter than the time anticipated to establish demonstrated successful performance of the class of vessels concerned in accordance with its approved capabilities document, as determined by the Secretary at the time of designation. (4) **Voluntary departure.—** — If an individual designated as a Senior Technical Authority voluntarily

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8669b

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1732 — Untitled legal text

Page 1569 TITLE 10—ARMED FORCES [§ 1732 Corps for the Department of Defense referred to in [former] section 1731(a) of title 10, United States Code, is terminated.’’ TENURE AND ACCOUNTABILITY OF PROGRAM MANAGERS FOR PROGRAM DEFINITION PERIODS Pub. L. 114–92, div. A, title VIII, § 826, Nov. 25, 2015, 129 Stat. 908, as amended by Pub. L. 114–328, div. A, title VIII, § 862(a), Dec. 23, 2016, 130 Stat. 2302; Pub. L. 116–92, div. A, title IX, § 902(64), Dec. 20, 2019, 133 Stat. 1550, pro- vided that: ‘‘(a) REVISED GUIDANCE REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], the Secretary of Defense shall revise Depart- ment of Defense guidance for major defense acquisition programs to address the tenure and accountability of program managers for the program definition period of major defense acquisition programs. ‘‘(b) PROGRAM DEFINITION PERIOD.—For the purposes of this section, the term ‘program definition period’, with respect to a major defense acquisition program, means the period beginning with initiation of the pro- gram and ending with Milestone B approval (or Key De- cision Point B approval in the case of a space program). ‘‘(c) RESPONSIBILITIES.—The revised guidance re- quired by subsection (a) shall provide that the program manager for the program definition period of a major defense acquisition program is responsible for— ‘‘(1) bringing technologies to maturity and identi- fying the manufacturing processes that will be need- ed to carry out the program; ‘‘(2) ensuring continuing focus during program de- velopment on meeting stated mission requirements and other requirements of the Department of De- fense; ‘‘(3) recommending trade-offs between program cost, schedule, and performance for the life-cyc

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1732

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