
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(b)(2)]
[CITE: 10USC1737]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                CHAPTER 87--DEFENSE ACQUISITION WORKFORCE
 
                    SUBCHAPTER III--ACQUISITION CORPS
 
Sec. 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 an Acquisition Corps 
    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 2430 
    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 2302(5)(A) 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 2302(5)(A) of this title 
    for such purpose for a major system.
        (4) The term ``program executive officer'' has the meaning given 
    such term in regulations prescribed by the Secretary of Defense.
        (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 Corps 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.--(1) 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, Technology, and Logistics) 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.
    (2) 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.

    (d) OPM Approval.--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.

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 
104 Stat. 1650; amended Pub. L. 102-190, div. A, title X, 
Sec. 1061(a)(8), (c), Dec. 5, 1991, 105 Stat. 1472, 1475; Pub. L. 103-
160, div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; 
Pub. L. 106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 
Stat. 717.)


                               Amendments

    1999--Subsec. (c)(1), (2)(B). Pub. L. 106-65 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, Sec. 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, Sec. 1061(a)(8), struck out 
comma after ``Director of Acquisition''.

                  Section Referred to in Other Sections

    This section is referred to in section 1733 of this title.
