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-cycle of the program; ‘‘(4) developing a business case for the program; and ‘‘(5) ensuring that appropriate information is avail- able to the milestone decision authority to make a decision on Milestone B approval (or Key Decision Point B approval in the case of a space program), in- cluding information necessary to make the certifi- cation required by section 2366a of title 10, United States Code [now 10 U.S.C. 4251]. ‘‘(d) QUALIFICATIONS, RESOURCES, AND TENURE.—The Secretary of Defense shall ensure that each program manager for the program definition period of a major defense acquisition program— ‘‘(1) has the appropriate management, engineering, technical, and financial expertise needed to meet the responsibilities assigned pursuant to subsection (c); ‘‘(2) is provided the resources and support (includ- ing systems engineering expertise, cost-estimating expertise, and software development expertise) need- ed to meet such responsibilities; and ‘‘(3) is assigned to the program manager position for such program until such time as such program re- ceives Milestone B approval (or Key Decision Point B approval in the case of a space program), unless re- moved for cause or due to exceptional circumstances. ‘‘(e) WAIVER AUTHORITY.—The service acquisition ex- ecutive, in the case of a major defense acquisition pro- gram of a military department, or the Under Secretary of Defense for Acquisition and Sustainment, in the case of a Defense-wide or Defense Agency major defense ac- quisition program, may waive the requirement in para- graph (3) of subsection (d) upon a determination that the program definition period will take so long that it would not be appropriate for a single individual to serve as program manager for the entire period covered by such paragraph.’’ TENURE AND ACCOUNTABILITY OF PROGRAM MANAGERS FOR PROGRAM EXECUTION PERIODS Pub. L. 114–92, div. A, title VIII, § 827, Nov. 25, 2015, 129 Stat. 909, as amended by Pub. L. 114–328, div. A, title VIII, § 862(b), Dec. 23, 2016, 130 Stat. 2302; Pub. L. 116–92, div. A, title IX, § 902(65), 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 execution period of major defense acquisition programs. ‘‘(b) PROGRAM EXECUTION PERIOD.—For purposes of this section, the term ‘program execution period’, with respect to a major defense acquisition program, means the period beginning with Milestone B approval (or Key Decision Point B approval in the case of a space pro- gram) and ending with declaration of initial oper- ational capability. ‘‘(c) RESPONSIBILITIES.—The revised guidance re- quired by subsection (a) shall— ‘‘(1) require the program manager for the program execution period of a major defense acquisition pro- gram to enter into a performance agreement with the manager’s immediate supervisor for such program within six months of assignment, that— ‘‘(A) establishes expected parameters for the cost, schedule, and performance of the program con- sistent with the business case for the program; ‘‘(B) provides the commitment of the supervisor to provide the level of funding and resources re- quired to meet such parameters; and ‘‘(C) provides the assurance of the program man- ager that such parameters are achievable and that the program manager will be accountable for meet- ing such parameters; and ‘‘(2) provide the program manager with the author- ity to— ‘‘(A) consult on the addition of new program re- quirements that would be inconsistent with the pa- rameters established in the performance agreement entered into pursuant to paragraph (1); ‘‘(B) recommend trade-offs between cost, sched- ule, and performance, provided that such trade-offs are consistent with the parameters established in the performance agreement entered into pursuant to paragraph (1); and ‘‘(C) develop such interim goals and milestones as may be required to achieve the parameters estab- lished in the performance agreement entered into pursuant to paragraph (1). ‘‘(d) QUALIFICATIONS, RESOURCES, AND TENURE.—The Secretary shall ensure that each program manager for the program execution period of a defense acquisition program— ‘‘(1) has the appropriate management, engineering, technical, and financial expertise needed to meet the responsibilities assigned pursuant to subsection (c); ‘‘(2) is provided the resources and support (includ- ing systems engineering expertise, cost estimating expertise, and software development expertise) need- ed to meet such responsibilities; and ‘‘(3) is assigned to the program manager position for such program during the program execution pe- riod, unless removed for cause or due to exceptional circumstances. ‘‘(e) WAIVER AUTHORITY.—The service acquisition ex- ecutive, in the case of a major defense acquisition pro- gram of a military department, or the Under Secretary of Defense for Acquisition and Sustainment, in the case of a Defense-wide or Defense Agency major defense ac- quisition program, may waive the requirement in para- graph (3) of subsection (d) upon a determination that the program execution period will take so long that it would not be appropriate for a single individual to serve as program manager for the entire program exe- cution period.’’ [§ 1732. Repealed. Pub. L. 116–92, div. A, title VIII, § 861(j)(5), Dec. 20, 2019, 133 Stat. 1519] Section, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1644; amended Pub. L. Page 1570 TITLE 10—ARMED FORCES [§ 1733 102–484, div. A, title VIII, § 812(e)(1), Oct. 23, 1992, 106 Stat. 2451; Pub. L. 103–89, § 3(b)(3)(B), Sept. 30, 1993, 107 Stat. 982; Pub. L. 105–261, div. A, title VIII, § 811, Oct. 17, 1998, 112 Stat. 2086; Pub. L. 107–107, div. A, title VIII, § 824(b), title X, § 1048(e)(4), Dec. 28, 2001, 115 Stat. 1185, 1227; Pub. L. 108–136, div. A, title VIII, §§ 831(b)(2), (3), 832(b)(2), 833(2), Nov. 24, 2003, 117 Stat. 1549, 1550; Pub. L. 108–375, div. A, title VIII, § 812(a)(1), title X, § 1084(d)(14), (h)(2), Oct. 28, 2004, 118 Stat. 2013, 2062, 2064; Pub. L. 109–163, div. A, title X, § 1056(c)(3), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 116–92, div. A, title VIII, § 861(b)(2), (j)(4), Dec. 20, 2019, 133 Stat. 1516, 1519, related to selection cri- teria and procedures for membership in the Acquisition Corps. [§ 1733. Renumbered § 1731] § 1734. Career development (a) THREE-YEAR ASSIGNMENT PERIOD.—(1) Ex- cept as provided under subsection (b) and para- graph (3), the Secretary of each military depart- ment, acting through the service acquisition ex- ecutive for that department, shall provide that any person who is assigned to a critical acquisi- tion position shall be assigned to the position for not fewer than three years. Except as pro- vided in subsection (d), the Secretary concerned may not reassign a person from such an assign- ment 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 em- ployee) in that position for at least three years. The service obligation contained in such a writ- ten 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 acquisi- tion position upon completion of the individ- ual’s assignment as a deputy program manager. (b) ASSIGNMENT PERIOD FOR PROGRAM MAN- AGERS.—(1) The Secretary of Defense shall pre- scribe in regulations— (A) a requirement that a program manager and a deputy program manager (except as pro- vided in paragraph (3)) of a major defense ac- quisition program be assigned to the position at least until completion of the major mile- stone 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 ex- tent practicable, a program manager who is the replacement for a reassigned program manager arrive at the assignment location be- fore the reassigned program manager leaves. Except as provided in subsection (d), the Sec- retary 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 ac- quisition 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 em- ployee) in that position at least until comple- tion 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 crit- ical 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 de- fining what constitutes major milestones for purposes of this section. The service acquisition executive of each military department shall es- tablish major milestones at the beginning of a major defense acquisition program consistent with such regulations and shall use such mile- stones to determine the assignment period for program managers and deputy program man- agers 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 reg- ulations 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 acqui- sition 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 De- fense. (2) With respect to each waiver granted under this subsection, the service acquisition execu- tive (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 De- fense shall establish a policy encouraging the rotation of members of the acquisition work- force 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 op- portunities for career broadening assignments and an infusion of new ideas into critical acqui- sition 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