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S. 2296IntroducedSenateHouse · nowPresidentLawIn the House
Sec. 801 · S. 2296

Transition of program executive officer role to portfolio acquisition executive

Division A — Department of Defense authorizations › Title VIII — Acquisition policy, acquisition management, and related matters › Subtitle A — Acquisition policy and management

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No wording changed between Committee version and Passed the Senate.

How the text changed

Committee version · Sec. 801

(a) Definition Section 1737(a) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following: (4) The term portfolio acquisition executive refers to the member of the acquisition workforce responsible for the overall management of requirements, programming, and acquisition of defense acquisition capabilities. These capabilities are assigned by the service acquisition executive or component acquisition executive. The portfolio acquisition executive has direct control over all necessary officials and functional support, including the ability to provide input into performance evaluations, to the maximum extent practicable. This authority provides them with all necessary authority to develop, procure, and sustain military capabilities. For purposes of managing requirements, the portfolio acquisition executive is subject to the authority, direction, and control of the chief of the military service, while remaining under the overall authority, direction, and control of the service acquisition executive or component acquisition executive. The Secretary of Defense shall ensure a minimum of non-statutory guidance and approvals issued by officials external to the portfolio acquisition executives.. (b) Critical acquisition positions Section 1731(a)(1)(B)(i) of title 10, United States Code, is amended by striking Program executive officer and inserting Portfolio acquisition executive. (c) Position qualifications Section 1735(c) of title 10, United States Code, is amended— (1) in the subsection heading, by striking Program executive officers and inserting Portfolio acquisition executive; and (2) by striking program executive officer and inserting portfolio acquisition executive. (d) Government performance of certain acquisition functions Section 1706(a) of title 10, United States Code, is amended— (1) in paragraph (1), by striking Program executive officer and inserting Portfolio acquisition executive; and (2) in paragraph (2), by striking Deputy program executive officer and inserting Deputy portfolio acquisition executive. (e) Duties related to cadre of intellectual property experts Section 1707(c) of title 10, United States Code, is amended by striking program executive officer and inserting portfolio acquisition executive. (f) Portfolio acquisition executive office Section 1509 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 167b) is amended— (1) by striking program executive office each place that it appears and inserting portfolio acquisition executive office; and (2) in subsection (c), by striking program executive office in the subsection heading and inserting portfolio acquisition executive office. (g) Technology release and foreign disclosure reform initiative Section 918(a)(2)(D)(ii) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 301 note) is amended by striking program executive officer and inserting portfolio acquisition executive. (h) Software development and software acquisition training and management programs Section 862 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1741 note) is amended— (1) in subsection (a)(2)(A), by striking program executive officers and inserting portfolio acquisition executives; and (2) in subsection (c)(1)— (A) in the paragraph heading, by striking program executive officer and inserting portfolio acquisition executive; and (B) by striking program executive officer and inserting portfolio acquisition executive. (i) Authority to establish different minimum requirements Section 1764(b)(2) of title 10, United States Code, is amended by striking Program executive officer and inserting Portfolio acquisition executive. (j) Prizes for advanced technology achievements Section 4025(g)(2)(C) of title 10, United States Code, is amended by striking program executive officer both places it appears and inserting portfolio acquisition executive. (k) Rating chains for system program managers Section 323 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1696) is amended by striking program executive officer and inserting portfolio acquisition executive. (l) Space system acquisition and the adaptive acquisition framework Section 807 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 9081 note) is amended— (1) in subsection (b)(1)— (A) in the paragraph heading, by striking Program executive officer and inserting Portfolio acquisition executive; and (B) by striking program executive officer and inserting portfolio acquisition executive; and (2) in subsection (e)(6)— (A) in the paragraph heading, by striking Program executive officer and inserting Portfolio acquisition executive; and (B) by striking program executive officer and inserting portfolio acquisition executive.

•S 2296 RSSEC. 801
Passed the Senate · Sec. 801

(a) Definition Section 1737(a) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following: (4) The term portfolio acquisition executive refers to the member of the acquisition workforce responsible for the overall management of requirements, programming, and acquisition of defense acquisition capabilities. These capabilities are assigned by the service acquisition executive or component acquisition executive. The portfolio acquisition executive has direct control over all necessary officials and functional support, including the ability to provide input into performance evaluations, to the maximum extent practicable. This authority provides them with all necessary authority to develop, procure, and sustain military capabilities. For purposes of managing requirements, the portfolio acquisition executive is subject to the authority, direction, and control of the chief of the military service, while remaining under the overall authority, direction, and control of the service acquisition executive or component acquisition executive. The Secretary of Defense shall ensure a minimum of non-statutory guidance and approvals issued by officials external to the portfolio acquisition executives.. (b) Critical acquisition positions Section 1731(a)(1)(B)(i) of title 10, United States Code, is amended by striking Program executive officer and inserting Portfolio acquisition executive. (c) Position qualifications Section 1735(c) of title 10, United States Code, is amended— (1) in the subsection heading, by striking Program executive officers and inserting Portfolio acquisition executive; and (2) by striking program executive officer and inserting portfolio acquisition executive. (d) Government performance of certain acquisition functions Section 1706(a) of title 10, United States Code, is amended— (1) in paragraph (1), by striking Program executive officer and inserting Portfolio acquisition executive; and (2) in paragraph (2), by striking Deputy program executive officer and inserting Deputy portfolio acquisition executive. (e) Duties related to cadre of intellectual property experts Section 1707(c) of title 10, United States Code, is amended by striking program executive officer and inserting portfolio acquisition executive. (f) Portfolio acquisition executive office Section 1509 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 167b) is amended— (1) by striking program executive office each place that it appears and inserting portfolio acquisition executive office; and (2) in subsection (c), by striking program executive office in the subsection heading and inserting portfolio acquisition executive office. (g) Technology release and foreign disclosure reform initiative Section 918(a)(2)(D)(ii) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 301 note) is amended by striking program executive officer and inserting portfolio acquisition executive. (h) Software development and software acquisition training and management programs Section 862 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1741 note) is amended— (1) in subsection (a)(2)(A), by striking program executive officers and inserting portfolio acquisition executives; and (2) in subsection (c)(1)— (A) in the paragraph heading, by striking program executive officer and inserting portfolio acquisition executive; and (B) by striking program executive officer and inserting portfolio acquisition executive. (i) Authority to establish different minimum requirements Section 1764(b)(2) of title 10, United States Code, is amended by striking Program executive officer and inserting Portfolio acquisition executive. (j) Prizes for advanced technology achievements Section 4025(g)(2)(C) of title 10, United States Code, is amended by striking program executive officer both places it appears and inserting portfolio acquisition executive. (k) Rating chains for system program managers Section 323 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1696) is amended by striking program executive officer and inserting portfolio acquisition executive. (l) Space system acquisition and the adaptive acquisition framework Section 807 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 9081 note) is amended— (1) in subsection (b)(1)— (A) in the paragraph heading, by striking Program executive officer and inserting Portfolio acquisition executive; and (B) by striking program executive officer and inserting portfolio acquisition executive; and (2) in subsection (e)(6)— (A) in the paragraph heading, by striking Program executive officer and inserting Portfolio acquisition executive; and (B) by striking program executive officer and inserting portfolio acquisition executive.

•S 2296 ESSEC. 801

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