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10 U.S.C. § 1731 — Critical acquisition positions
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-10/section-1731-critical-acquisition-positions--734cfc23df.md
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Source location: Title 10, Chapter 87, § 1731; chapter-087-defense-acquisition-workforce.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and—
(1) that is designated by the Secretary of Defense as a major defense acquisition program; or
(2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require—
(A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or
(B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars).
**(b) Exceptions.—** In this part, the term “major defense acquisition program” does not include the following:
(1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3602&num=0&edition=prelim).
(2) An acquisition program for a defense business system (as defined in [section 2222(i)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222/i/1&num=0&edition=prelim)) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; [10 U.S.C. 2223a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2223a&num=0&edition=prelim) note).11 See References in
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4201
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On request from or with the concurrence of a State or local government, and with the consent of the employee concerned, the head of a Federal agency may arrange for the assignment of—
(1) an employee of his agency, other than a noncareer appointee, limited term appointee, or limited emergency appointee (as such terms are defined in [section 3132(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim)) in the Senior Executive Service and an employee in a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character, to a State or local government; and
(2) an employee of a State or local government to his agency;
for work of mutual concern to his agency and the State or local government that he determines will be beneficial to both. The period of an assignment under this subchapter may not exceed two years. However, the head of a Federal agency may extend the period of assignment for not more than two additional years. In the case of assignments made to Indian tribes or tribal organizations as defined in section 3371(2)(C) of this subchapter, the head of an executive agency may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the executive agency and the Indian tribe or tribal organization. If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different pe
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3372
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3102&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1733
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2366a was renumbered [section 4252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4252&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2366a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Commencement.—** The Secretary of Defense is authorized to carry out a demonstration project, the purpose of which is to determine the feasibility or desirability of one or more proposals for improving the personnel management policies or procedures that apply with respect to the acquisition workforce of the Department of Defense and supporting personnel assigned to work directly with the acquisition workforce.
**(b) Terms and Conditions.—**
(1) Except as otherwise provided in this subsection, any demonstration project described in subsection (a) shall be subject to [section 4703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) and all other provisions of such title that apply with respect to any demonstration project under such section.
(2) Subject to paragraph (3), in applying [section 4703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) with respect to a demonstration project described in subsection (a)—
(A) “180 days” in subsection (b)(4) of such section shall be deemed to read “120 days”;
(B) “90 days” in subsection (b)(6) of such section shall be deemed to read “30 days”; and
(C) subsection (d)(1) of such section shall be disregarded.
(3) Paragraph (2) shall not apply with respect to a demonstration project unless—
(A) for each organization or team participating in the demonstration project—
(i) at least one-third of the workforce participating in the demonstration project consists of members of the acquisition workforce; and
(ii) at least two-thirds of the workforce participating in the demonstration project consists of members of the acquisition workforce and supporting personnel assigned to work direc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1762
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibilities.—** Before granting Milestone A approval for a major defense acquisition program or a major subprogram, the milestone decision authority for the program or subprogram shall ensure that—
(1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the risk reduction phase;
(2) the cost, schedule, technical feasibility, and performance trade-offs that have been made with regard to the program do not overly constrain future trade space; and
(3) there are sound plans for progression of the program or subprogram to the development phase.
**(b) Factors to Be Considered for Milestone a Approval.—** A major defense acquisition program or subprogram may not receive Milestone A approval or otherwise be initiated prior to Milestone B approval until the milestone decision authority confirms that the following factors were considered in the decision to grant Milestone A approval:
(1) The program or subprogram fulfills an approved requirements document.
(2) The program or subprogram has conducted appropriate market research.
(3) With respect to any identified areas of risk, there is a plan to reduce the risk.
(4) Planning for sustainment has been addressed.
(5) An analysis of alternatives has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted.
(6) A life cycle cost estimate for the program or subprogram has been submitted by the component and that the level of resources required to complete the technology maturation and risk reduction phase of the program is sufficient for successful program execution.
(7) The program or subpro
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4251
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Federal law — U.S. Code and appendices · legal_authorities
**(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/vi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1732
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Qualification Requirements.—**
(1) The Secretary of Defense shall establish education, training, and experience requirements for each acquisition position, based on the level of complexity of duties carried out in the position. In establishing such requirements, the Secretary shall ensure the availability and sufficiency of training in all areas of acquisition, including additional training courses with an emphasis on services contracting, market research strategies (including assessments of local contracting capabilities), long-term sustainment strategies, information technology, and rapid acquisition.
(2) In establishing such requirements for positions other than critical acquisition positions designated pursuant to [section 1731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1731&num=0&edition=prelim), the Secretary may state the requirements by categories of positions.
(3) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish requirements for continuing education and periodic renewal of an individual’s certification.
**(b) Career Path Requirements.—** For each career path, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish requirements for the completion of course work and related on-the-job training and demonstration of qualifications in duties and tasks of the career path. The Secretary of Defense, acting through the Under Secretary, shall also—
(1) direct individuals in the acquisition workforce to maintain the currency of their acquisition knowledge and generally enhance their knowledge of related acquisition management disciplines through academic programs and other self-d
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1723
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Office and Director.—**
(1) There is an Office of Corrosion Policy and Oversight within the Office of the Under Secretary of Defense for Acquisition and Sustainment.
(2) The Office shall be headed by a Director of Corrosion Policy and Oversight, who shall be assigned to such position by the Under Secretary from among civilian employees of the Department of Defense with the qualifications described in paragraph (3). The Director is responsible in the Department of Defense to the Secretary of Defense (after the Under Secretary of Defense for Acquisition and Sustainment) for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense.
(3) In order to qualify to be assigned to the position of Director, an individual shall—
(A) have management expertise in, and professional experience with, corrosion project and policy implementation, including an understanding of the effects of corrosion policies on infrastructure; research, development, test, and evaluation; and maintenance; and
(B) have an understanding of Department of Defense budget formulation and execution, policy formulation, and planning and program requirements.
(4) The Secretary of Defense shall designate the position of Director as a critical acquisition position under [section 1731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1731&num=0&edition=prelim).
**(b) Duties.—**
(1) The Director of Corrosion Policy and Oversight (in this section referred to as the “Director”) shall oversee and coordinate efforts throughout the Department of Defense to prevent and mitigate corrosion of the military equipment and infrastructure of the Department. The duties under this paragraph shall include the duties s
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2228
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