TITLE 10 - US CODE - CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

TITLE 10 - US CODE - SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES

10 USC 1701 - Management policies

(a) Policies and Procedures.— 
The Secretary of Defense shall establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense.
(b) Uniform Implementation.— 
The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established in accordance with this chapter are uniform in their implementation throughout the Department of Defense.

10 USC 1702 - Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities

Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall carry out all powers, functions, and duties of the Secretary of Defense with respect to the acquisition workforce in the Department of Defense. The Under Secretary shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented throughout the Department of Defense. The Under Secretary shall prescribe policies and requirements for the educational programs of the defense acquisition university structure established under section 1746 of this title.

10 USC 1703 - Repealed. Pub. L. 108136, div. A, title VIII, 831(a), Nov. 24, 2003, 117 Stat. 1549]

Section, added Pub. L. 101–510, div. A, title XII, 1202(a), Nov. 5, 1990, 104 Stat. 1639; amended Pub. L. 103–160, div. A, title IX, 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225, related to Director of Acquisition Education, Training, and Career Development.

10 USC 1704 - Service acquisition executives: authorities and responsibilities

Subject to the authority, direction, and control of the Secretary of the military department concerned, the service acquisition executive for each military department shall carry out all powers, functions, and duties of the Secretary concerned with respect to the acquisition workforce within the military department concerned and shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented in that department.

10 USC 1705 - Department of Defense Acquisition Workforce Development Fund

(a) Establishment.— 
The Secretary of Defense shall establish a fund to be known as the Department of Defense Acquisition Workforce Fund (in this section referred to as the Fund) to provide funds, in addition to other funds that may be available, for the recruitment, training, and retention of acquisition personnel of the Department of Defense.
(b) Purpose.— 
The purpose of the Fund is to ensure that the Department of Defense acquisition workforce has the capacity, in both personnel and skills, needed to properly perform its mission, provide appropriate oversight of contractor performance, and ensure that the Department receives the best value for the expenditure of public resources.
(c) Management.— 
The Fund shall be managed by a senior official of the Department of Defense designated by the Under Secretary of Defense for Acquisition, Technology, and Logistics for that purpose, from among persons with an extensive background in management relating to acquisition and personnel.
(d) Elements.— 

(1) In general.— 
The Fund shall consist of amounts as follows:
(A) Amounts credited to the Fund under paragraph (2).
(B) Any other amounts appropriated to, credited to, or deposited into the Fund by law.
(2) Credits to the fund.— 

(A) There shall be credited to the Fund an amount equal to the applicable percentage for a fiscal year of all amounts expended by the Department of Defense in such fiscal year for contract services, other than services relating to research and development and services relating to military construction.
(B) Not later than 30 days after the end of the third fiscal year quarter of fiscal year 2008, and 30 days after the end of each fiscal year quarter thereafter, the head of each military department and Defense Agency shall remit to the Secretary of Defense an amount equal to the applicable percentage for such fiscal year of the amount expended by such military department or Defense Agency, as the case may be, during such fiscal year quarter for services covered by subparagraph (A). Any amount so remitted shall be credited to the Fund under subparagraph (A).
(C) For purposes of this paragraph, the applicable percentage for a fiscal year is a percentage as follows:
(i) For fiscal year 2008, 0.5 percent.
(ii) For fiscal year 2009, 1 percent.
(iii) For fiscal year 2010, 1.5 percent.
(iv) For any fiscal year after fiscal year 2010, 2 percent.
(D) The Secretary of Defense may reduce a percentage established in subparagraph (C) for any fiscal year, if he determines that the application of such percentage would result in the crediting of an amount greater than is reasonably needed for the purpose of the Fund. In no event may the Secretary reduce a percentage for any fiscal year below a percentage that results in the deposit in a fiscal year of an amount equal to the following:
(i) For fiscal year 2008, $300,000,000.
(ii) For fiscal year 2009, $400,000,000.
(iii) For fiscal year 2010, $500,000,000.
(iv) For any fiscal year after fiscal year 2010, $600,000,000.
(e) Availability of Funds.— 

(1) In general.— 
Subject to the provisions of this subsection, amounts in the Fund shall be available to the Secretary of Defense for expenditure, or for transfer to a military department or Defense Agency, for the recruitment, training, and retention of acquisition personnel of the Department of Defense for the purpose of the Fund, including for the provision of training and retention incentives to the acquisition workforce of the Department.
(2) Prohibition.— 
Amounts in the Fund may not be obligated for any purpose other than purposes described in paragraph (1) or otherwise in accordance with this subsection.
(3) Guidance.— 
The Under Secretary of Defense for Acquisition, Technology, and Logistics, acting through the senior official designated to manage the Fund, shall issue guidance for the administration of the Fund. Such guidance shall include provisions
(A) identifying areas of need in the acquisition workforce for which amounts in the Fund may be used, including
(i) changes to the types of skills needed in the acquisition workforce;
(ii) incentives to retain in the acquisition workforce qualified, experienced acquisition workforce personnel; and
(iii) incentives for attracting new, high-quality personnel to the acquisition workforce;
(B) describing the manner and timing for applications for amounts in the Fund to be submitted;
(C) describing the evaluation criteria to be used for approving or prioritizing applications for amounts in the Fund in any fiscal year; and
(D) describing measurable objectives of performance for determining whether amounts in the Fund are being used in compliance with this section.
(4) Limitation on payments to or for contractors.— 
Amounts in the Fund shall not be available for payments to contractors or contractor employees, other than for the purpose of providing advanced training to Department of Defense employees.
(5) Prohibition on payment of base salary of current employees.— 
Amounts in the Fund may not be used to pay the base salary of any person who was an employee of the Department as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008.
(6) Duration of availability.— 
Amounts credited to the Fund under subsection (d)(2) shall remain available for expenditure in the fiscal year for which credited and the two succeeding fiscal years.
(f) Annual Report.— 
Not later than 60 days after the end of each fiscal year beginning with fiscal year 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the operation of the Fund during such fiscal year. Each report shall include, for the fiscal year covered by such report, the following:
(1) A statement of the amounts remitted to the Secretary for crediting to the Fund for such fiscal year by each military department and Defense Agency, and a statement of the amounts credited to the Fund for such fiscal year.
(2) A description of the expenditures made from the Fund (including expenditures following a transfer of amounts in the Fund to a military department or Defense Agency) in such fiscal year, including the purpose of such expenditures.
(3) A description and assessment of improvements in the Department of Defense acquisition workforce resulting from such expenditures.
(4) Recommendations for additional authorities to fulfill the purpose of the Fund.
(5) A statement of the balance remaining in the Fund at the end of such fiscal year.
(g) Acquisition Workforce Defined.— 
In this section, the term acquisition workforce means personnel in positions designated under section 1721 of this title as acquisition positions for purposes of this chapter.
(h) Expedited Hiring Authority.— 

(1) For purposes of sections 3304, 5333, and 5753 of title 5, United States Code, the Secretary of Defense may
(A) designate any category of acquisition positions within the Department of Defense as shortage category positions; and
(B) utilize the authorities in such sections to recruit and appoint highly qualified persons directly to positions so designated.
(2) The Secretary may not appoint a person to a position of employment under this subsection after September 30, 2012.

1706, 1707. Repealed. Pub. L. 108136, div. A, title VIII, 831(a), Nov. 24, 2003, 117 Stat. 1549]

Section 1706, added Pub. L. 101–510, div. A, title XII, 1202(a), Nov. 5, 1990, 104 Stat. 1639, related to acquisition career program boards. Section 1707, added Pub. L. 101–510, div. A, title XII, 1202(a), Nov. 5, 1990, 104 Stat. 1639; amended Pub. L. 103–160, div. A, title IX, 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225, related to personnel in the Office of the Secretary of Defense and in the Defense Agencies.

TITLE 10 - US CODE - SUBCHAPTER II - DEFENSE ACQUISITION POSITIONS

10 USC 1721 - Designation of acquisition positions

(a) Designation.— 
The Secretary of Defense shall designate in regulations those positions in the Department of Defense that are acquisition positions for purposes of this chapter.
(b) Required Positions.— 
In designating the positions under subsection (a), the Secretary shall include, at a minimum, all acquisition-related positions in the following areas:
(1) Program management.
(2) Systems planning, research, development, engineering, and testing.
(3) Procurement, including contracting.
(4) Industrial property management.
(5) Logistics.
(6) Quality control and assurance.
(7) Manufacturing and production.
(8) Business, cost estimating, financial management, and auditing.
(9) Education, training, and career development.
(10) Construction.
(11) Joint development and production with other government agencies and foreign countries.
(c) Management Headquarters Activities.— 
The Secretary also shall designate as acquisition positions under subsection (a) those acquisition-related positions which are in management headquarters activities and in management headquarters support activities. For purposes of this subsection, the terms management headquarters activities and management headquarters support activities have the meanings given those terms in Department of Defense Directive 5100.73, entitled Department of Defense Management Headquarters and Headquarters Support Activities, dated November 12, 1996.

10 USC 1722 - Career development

(a) Career Paths.— 
The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall ensure that appropriate career paths for civilian and military personnel who wish to pursue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for career progression of civilians and members of the armed forces to the most senior acquisition positions. The Secretary shall make available published information on such career paths.
(b) Limitation on Preference for Military Personnel.— 

(1) The Secretary of Defense shall ensure that no requirement or preference for a member of the armed forces is used in the consideration of persons for acquisition positions, except as provided in the policy established under paragraph (2).
(2) 
(A) The Secretary shall establish a policy permitting a particular acquisition position to be specified as available only to members of the armed forces if a determination is made, under criteria specified in the policy, that a member of the armed forces is required for that position by law, is essential for performance of the duties of the position, or is necessary for another compelling reason.
(B) Not later than December 15 of each year, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the Secretary a report that lists each acquisition position that is restricted to members of the armed forces under such policy and the recommendation of the Under Secretary as to whether such position should remain so restricted.
(c) Opportunities for Civilians To Qualify.— 
The Secretary of Defense shall ensure that civilian personnel are provided the opportunity to acquire the education, training, and experience necessary to qualify for senior acquisition positions.
(d) Best Qualified.— 
The Secretary of Defense shall ensure that the policies established under this chapter are designed to provide for the selection of the best qualified individual for a position, consistent with other applicable law.
[(e) Repealed. Pub. L. 107–107, div. A, title X, 1048(e)(3), Dec. 28, 2001, 115 Stat. 1227.]
(f) Assignments Policy.— 

(1)  The Secretary of Defense shall establish a policy on assigning military personnel to acquisition positions that provides for a balance between
(A)  the need for personnel to serve in career broadening positions, and
(B)  the need for requiring service in each such position for sufficient time to provide the stability necessary to effectively carry out the duties of the position and to allow for the establishment of responsibility and accountability for actions taken in the position.
(2) In implementing the policy established under paragraph (1), the Secretaries of the military departments shall provide, as appropriate, for longer lengths of assignments to acquisition positions than assignments to other positions.
(g) Performance Appraisals.— 
The Secretary of each military department, acting through the service acquisition executive for that department, shall provide an opportunity for review and inclusion of any comments on any appraisal of the performance of a person serving in an acquisition position by a person serving in an acquisition position in the same acquisition career field.
(h) Balanced Workforce Policy.— 
In the development of defense acquisition workforce policies under this chapter with respect to any civilian employees or applicants for employment, the Secretary of Defense or the Secretary of a military department (as applicable) shall, consistent with the merit system principles set out in paragraphs (1) and (2) of section 2301 (b) of title 5, take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service.

10 USC 1722a - Special requirements for military personnel in the acquisition field

(a) Requirement for Policy and Guidance Regarding Military Personnel in Acquisition.— 
The Secretary of Defense shall require the Secretary of each military department (with respect to such military department) and the Under Secretary of Defense for Acquisition, Technology, and Logistics (with respect to the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities) to establish policies and issue guidance to ensure the proper development, assignment, and employment of members of the armed forces in the acquisition field to achieve the objectives of this section as specified in subsection (b).
(b) Objectives.— 
Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following:
(1) A career path in the acquisition field that attracts the highest quality officers and enlisted personnel.
(2) A number of command positions and senior noncommissioned officer positions, including acquisition billets reserved for general officers and flag officers under subsection (c), sufficient to ensure that members of the armed forces have opportunities for promotion and advancement in the acquisition field.
(3) A number of qualified, trained members of the armed forces eligible for and active in the acquisition field sufficient to ensure the optimum management of the acquisition functions of the Department of Defense and the appropriate use of military personnel in contingency contracting.
(c) Reservation of Acquisition Billets for General Officers and Flag Officers.— 

(1) The Secretary of Defense shall
(A) establish for each military department a sufficient number of billets coded or classified for acquisition personnel that are reserved for general officers and flag officers that are needed for the purpose of ensuring the optimum management of the acquisition functions of the Department of Defense; and
(B) ensure that the policies established and guidance issued pursuant to subsection (a) by the Secretary of each military department reserve at least that minimum number of billets and fill the billets with qualified and trained general officers and flag officers who have significant acquisition experience.
(2) The Secretary of Defense shall ensure
(A) a sufficient number of billets for acquisition personnel who are general officers or flag officers exist within the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities to ensure the optimum management of the acquisition functions of the Department of Defense; and
(B) that the policies established and guidance issued pursuant to subsection (a) by the Secretary reserve within the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities at least that minimum number of billets and fill the billets with qualified and trained general officers and flag officers who have significant acquisition experience.
(3) The Secretary of Defense shall ensure that a portion of the billets referred to in paragraphs (1) and (2) involve command of organizations primarily focused on contracting and are reserved for general officers and flag officers who have significant contracting experience.
(d) Relationship to Limitation on Preference for Military Personnel.— 
Any designation or reservation of a position for a member of the armed forces as a result of a policy established or guidance issued pursuant to this section shall be deemed to meet the requirements for an exception under paragraph (2) of section 1722 (b) of this title from the limitation in paragraph (1) of such section.
(e) Report.— 
Not later than January 1 of each year, the Secretary of each military department shall submit to the Under Secretary of Defense for Acquisition, Technology, and Logistics a report describing how the Secretary fulfilled the objectives of this section in the preceding calendar year. The report shall include information on the reservation of acquisition billets for general officers and flag officers within the department concerned.

10 USC 1723 - General education, training, and experience requirements

(a) Qualification Requirements.— 
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 for positions other than critical acquisition positions designated pursuant to section 1733 of this title, the Secretary may state the requirements by categories of positions.
(b) Limitation on Credit for Training or Education.— 
Not more than one year of a period of time spent pursuing a program of academic training or education in acquisition may be counted toward fulfilling any requirement established under this chapter for a certain period of experience.

10 USC 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 2304 (g) of this title, 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 members grade;
(2) have at least two years of experience in a contracting position;
(3) 
(A) have received a baccalaureate degree from an accredited educational institution authorized to grant baccalaureate degrees, and
(B)  have completed at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education in any of the following disciplines: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management; 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 GS1102 occupational series an employee or potential employee of the Department of Defense meet the requirements 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.
(2) The Secretary of Defense shall require that in order for a member of the armed forces to be selected for an occupational specialty within the armed forces that (as determined by the Secretary) is similar to the GS1102 occupational series a member of the armed forces meet the requirements set forth in paragraph (3) of subsection (a). The Secretary may not require that in order to be selected for such an occupational specialty a member meet any of the requirements of paragraphs (1) and (2) of that subsection.
(c) Exceptions.— 
The qualification requirements imposed by the Secretary of Defense pursuant to subsections (a) and (b) shall not apply to an employee of the Department of Defense or member of the armed forces who
(1) served as a contracting officer with authority to award or administer contracts in excess of the simplified acquisition threshold on or before September 30, 2000;
(2) served, on or before September 30, 2000, in a position either as an employee in the GS1102 series or as a member of the armed forces in a similar occupational specialty;
(3) is in the contingency contracting force; or
(4) is described in subsection (e)(1)(B).
(d) Waiver.— 
The Secretary of Defense may waive any or all of the requirements of subsections (a) and (b) with respect to an employee of the Department of Defense or member of the armed forces if the Secretary determines that the individual possesses significant potential for advancement to levels of greater responsibility and authority, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document the rationale for the decision of the Secretary to waive such requirements.
(e) Developmental Opportunities.— 

(1) The Secretary of Defense may
(A) establish or continue one or more programs for the purpose of recruiting, selecting, appointing, educating, qualifying, and developing the careers of individuals to meet the requirements in subparagraphs (A) and (B) of subsection (a)(3);
(B) appoint individuals to developmental positions in those programs; and
(C) separate from the civil service after a three-year probationary period any individual appointed under this subsection who fails to meet the requirements described in subsection (a)(3).
(2) To qualify for any developmental program described in paragraph (1)(B), an individual shall have
(A) been awarded a baccalaureate degree, with a grade point average of at least 3.0 (or the equivalent), from an accredited institution of higher education authorized to grant baccalaureate degrees; or
(B) completed at least 24 semester credit hours or the equivalent of study from an accredited institution of higher education in any of the disciplines of accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management.
(f) Contingency Contracting Force.— 
The Secretary shall establish qualification requirements for the contingency contracting force consisting of members of the armed forces whose mission is to deploy in support of contingency operations and other operations of the Department of Defense, including
(1) completion of at least 24 semester credit hours or the equivalent of study from an accredited institution of higher education or similar educational institution in any of the disciplines of accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management; or
(2) passing an examination that demonstrates skills, knowledge, or abilities comparable to that of an individual who has completed at least 24 semester credit hours or the equivalent of study in any of the disciplines described in paragraph (1).

10 USC 1725 - Repealed. Pub. L. 108136, div. A, title VIII, 832(a), Nov. 24, 2003, 117 Stat. 1550; amended Pub. L. 108375, div. A, title X, 1084(f)(1), Oct. 28, 2004, 118 Stat. 2064]

Section, added Pub. L. 101–510, div. A, title XII, 1202(a), Nov. 5, 1990, 104 Stat. 1643, related to Office of Personnel Management approval.

TITLE 10 - US CODE - SUBCHAPTER III - ACQUISITION CORPS

10 USC 1731 - Acquisition Corps: in general

(a) Acquisition Corps.— 
The Secretary of Defense shall ensure that an Acquisition Corps is established for the Department of Defense.
(b) Promotion Rate for Officers in Acquisition Corps.— 
The Secretary of Defense shall ensure that the qualifications of commissioned officers selected for the Acquisition Corps 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.

10 USC 1732 - Selection criteria and procedures

(a) Selection Criteria and Procedures.— 
Selection for membership in the Acquisition Corps shall be made in accordance with criteria and procedures established by the Secretary of Defense.
(b) Eligibility Criteria.— 
Except as provided in subsections (c) and (d), only persons who meet all of the following requirements may be considered for service in the Corps:
(1) The person must meet the educational requirements prescribed by the Secretary of Defense. Such requirements, at a minimum, shall include both of the following:
(A) A requirement that the person
(i) has received a baccalaureate degree at an accredited educational institution authorized to grant baccalaureate degrees, or
(ii) possess significant potential for advancement to levels of greater responsibility and authority, based on demonstrated analytical and decisionmaking capabilities, job performance, and qualifying experience.
(B) A requirement that the person has completed
(i) at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education from among the following disciplines: accounting, business finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management; or
(ii) at least 24 semester credit hours (or the equivalent) from an accredited institution of higher education in the persons career field and 12 semester credit hours (or the equivalent) from such an institution from among the disciplines listed in clause (i) or equivalent training as prescribed by the Secretary to ensure proficiency in the disciplines listed in clause (i).
(2) The person must meet experience requirements prescribed by the Secretary of Defense. Such requirements shall, at a minimum, include a requirement for at least four years of experience in an acquisition position in the Department of Defense or in a comparable position in industry or government.
(3) The person must meet such other requirements as the Secretary of Defense or the Secretary of the military department concerned prescribes by regulation.
(c) Exceptions.— 

(1) The requirements of subsections (b)(1)(A) and (b)(1)(B) shall not apply to any employee who, on October 1, 1991, has at least 10 years of experience in acquisition positions or in comparable positions in other government agencies or the private sector.
(2) The requirements of subsections (b)(1)(A) and (b)(1)(B) shall not apply to any employee who is serving in an acquisition position on October 1, 1991, and who does not have 10 years of experience as described in paragraph (1) if the employee passes an examination considered by the Secretary of Defense to demonstrate skills, knowledge, or abilities comparable to that of an individual who has completed at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education from among the following disciplines: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management.
(d) Waiver.— 

(1) Except as provided in paragraph (2), the Secretary of Defense may waive any or all of the requirements of subsection (b) with respect to an employee if the Secretary determines that the employee possesses significant potential for advancement to levels of greater responsibility and authority, based on demonstrated analytical and decisionmaking capabilities, job performance, and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document the rationale for the decision of the Secretary to waive such requirements.
(2) The Secretary may not waive the requirements of subsection (b)(1)(A)(ii).
(e) Mobility Statements.— 

(1) The Secretary of Defense is authorized to require civilians in the Acquisition Corps to sign mobility statements.
(2) The Secretary of Defense shall identify which categories of civilians in the Acquisition Corps, as a condition of serving in the Corps, shall be required to sign mobility statements. The Secretary shall make available published information on such identification of categories.

10 USC 1733 - Critical acquisition positions

(a) Requirement for Corps Member.— 
A critical acquisition position may be filled only by a member of the Acquisition Corps.
(b) 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, or Marine Corps 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) Program executive officer.
(ii) Program manager of a major defense acquisition program (as defined in section 2430 of this title) or of a significant nonmajor defense acquisition program (as defined in section 1737 (a)(3) of this title).
(iii) Deputy program manager of a major defense acquisition program.
(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.

10 USC 1734 - Career development

(a) Three-Year Assignment Period.— 

(1) Except as provided under subsection (b) and paragraph (3), the Secretary of each military department, acting through the service acquisition executive for that department, shall provide that any person who is assigned to a critical acquisition position shall be assigned to the position for not fewer than three years. Except as provided in subsection (d), the Secretary concerned may not reassign a person from such an assignment 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 employee) in that position for at least three years. The service obligation contained in such a written 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 acquisition position upon completion of the individuals assignment as a deputy program manager.
(b) Assignment Period for Program Managers.— 

(1) The Secretary of Defense shall prescribe in regulations
(A) a requirement that a program manager and a deputy program manager (except as provided in paragraph (3)) of a major defense acquisition program be assigned to the position at least until completion of the major milestone 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 extent practicable, a program manager who is the replacement for a reassigned program manager arrive at the assignment location before the reassigned program manager leaves.

Except as provided in subsection (d), the Secretary 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 acquisition 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 employee) in that position at least until completion 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 critical acquisition position upon completion of the individuals assignment as a deputy program manager.
(c) Major Milestone Regulations.— 

(1) The Secretary of Defense shall issue regulations defining what constitutes major milestones for purposes of this section. The service acquisition executive of each military department shall establish major milestones at the beginning of a major defense acquisition program consistent with such regulations and shall use such milestones to determine the assignment period for program managers and deputy program managers 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 2435 (a) of this title. The Secretary shall require that the major milestones as defined in the regulations be included in the Selected Acquisition Report required for such program under section 2432 of this title.
(d) Waiver of Assignment Period.— 

(1) With respect to a person assigned to a critical acquisition 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 Defense.
(2) With respect to each waiver granted under this subsection, the service acquisition executive (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 Defense shall establish a policy encouraging the rotation of members of the Acquisition Corps 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 opportunities for career broadening assignments and an infusion of new ideas into critical acquisition 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 purpose of determining whether the Government and such person would be better served by a reassignment to a different position. Such a review shall be carried out with respect to each such person not later than five years after that person is assigned to a critical position.
(f) Centralized Job Referral System.— 
The Secretary of Defense shall prescribe regulations providing for the use of centralized lists to ensure that persons are selected for critical positions without regard to geographic location of applicants for such positions.
(g) Exchange Program.— 
The Secretary of Defense shall establish, for purposes of broadening the experience of members of the Acquisition Corps, a test program in which members of the Corps serving in a military department or Defense Agency are assigned or detailed to an acquisition position in another department or agency. Under the test program, the Secretary of Defense shall ensure that, to the maximum extent practicable, at least 5 percent of the members of the Acquisition Corps shall serve in such exchange assignments each year. The test program shall operate for not less than a period of three years.
(h) Responsibility for Assignments.— 
The Secretary of each military department, acting through the service acquisition executive for that department, is responsible for making assignments of civilian and military personnel of that military department who are members of the Acquisition Corps to critical acquisition positions.

10 USC 1735 - Education, training, and experience requirements for critical acquisition positions

(a) Qualification Requirements.— 
In establishing the education, training, and experience requirements under section 1723 of this title for critical acquisition positions, the Secretary of Defense shall, at a minimum, include the requirements set forth in subsections (b) through (e).
(b) Program Managers and Deputy Program Managers.— 
Before being assigned to a position as a program manager or deputy program manager of a major defense acquisition program or a significant nonmajor defense acquisition program, a person
(1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution determined to be comparable by the Secretary of Defense;
(2) must have executed a written agreement as required in section 1734 (b)(2); and
(3) in the case of
(A) a program manager of a major defense acquisition program, must have at least eight years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization;
(B) a program manager of a significant nonmajor defense acquisition program, must have at least six years of experience in acquisition;
(C) a deputy program manager of a major defense acquisition program, must have at least six years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization; and
(D) a deputy program manager of a significant nonmajor defense acquisition program, must have at least four years of experience in acquisition.
(c) Program Executive Officers.— 
Before being assigned to a position as a program executive officer, a person
(1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution in the private sector determined to be comparable by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics;
(2) must have at least 10 years experience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position; and
(3) must have held a position as a program manager or a deputy program manager.
(d) General and Flag Officers and Civilians in Equivalent Positions.— 
Before a general or flag officer, or a civilian serving in a position equivalent in grade to the grade of such an officer, may be assigned to a critical acquisition position, the person must have at least 10 years experience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position.
(e) Senior Contracting Officials.— 
Before a person may be assigned to a critical acquisition position as a senior contracting official, the person must have at least four years experience in contracting.

10 USC 1736 - Repealed. Pub. L. 107107, div. A, title X, 1048(e)(6)(A), Dec. 28, 2001, 115 Stat. 1227]

Section, added Pub. L. 101–510, div. A, title XII, 1202(a), Nov. 5, 1990, 104 Stat. 1649, related to applicability of the qualification requirements.

10 USC 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 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.— 
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 individuals qualifications obviate the need for meeting the education, training, and experience requirements established under this subchapter.

TITLE 10 - US CODE - SUBCHAPTER IV - EDUCATION AND TRAINING

10 USC 1741 - Policies and programs: establishment and implementation

(a) Policies and Procedures.— 
The Secretary of Defense shall establish policies and procedures for the establishment and implementation of the education and training programs authorized by this subchapter.
(b) Funding Levels.— 
The Under Secretary of Defense for Acquisition, Technology, and Logistics each year shall recommend to the Secretary of Defense the funding levels to be requested in the defense budget to implement the education and training programs under this subchapter. The Secretary of Defense shall set forth separately the funding levels requested for such programs in the Department of Defense budget justification documents submitted in support of the Presidents budget submitted to Congress under section 1105 of title 31.
(c) Programs.— 
The Secretary of each military department, acting through the service acquisition executive for that department, shall establish and implement the education and training programs authorized by this subchapter. In carrying out such requirement, the Secretary concerned shall ensure that such programs are established and implemented throughout the military department concerned and, to the maximum extent practicable, uniformly with the programs of the other military departments.

10 USC 1742 - Internship, cooperative education, and scholarship programs

(a) Programs.— 
The Secretary of Defense shall conduct the following education and training programs:
(1) An intern program for purposes of providing highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into the Acquisition Corps.
(2) A cooperative education credit program under which the Secretary arranges, through cooperative arrangements entered into with one or more accredited institutions of higher education, for such institutions to grant undergraduate credit for work performed by students who are employed by the Department of Defense in acquisition positions.
(3) A scholarship program for the purpose of qualifying personnel for acquisition positions in the Department of Defense.
(b) Scholarship Program Requirements.— 
Each recipient of a scholarship under a program conducted under subsection (a)(3) shall be required to sign a written agreement that sets forth the terms and conditions of the scholarship. The agreement shall be in a form prescribed by the Secretary and shall include terms and conditions, including terms and conditions addressing reimbursement in the event that a recipient fails to fulfill the requirements of the agreement, that are comparable to those set forth as a condition for providing advanced education assistance under section 2005. The obligation to reimburse the United States under an agreement under this subsection is, for all purposes, a debt owing the United States.

1743, 1744. Repealed. Pub. L. 108136, div. A, title VIII, 834(b), Nov. 24, 2003, 117 Stat. 1551]

Section 1743, added Pub. L. 101–510, div. A, title XII, 1202(a), Nov. 5, 1990, 104 Stat. 1651, related to cooperative education program. Section 1744, added Pub. L. 101–510, div. A, title XII, 1202(a), Nov. 5, 1990, 104 Stat. 1652; amended Pub. L. 102–484, div. A, title VIII, 812(f), Oct. 23, 1992, 106 Stat. 2451; Pub. L. 108–136, div. A, title VIII, 832(c), Nov. 24, 2003, 117 Stat. 1550, related to scholarship program.

10 USC 1745 - Additional education and training programs available to acquisition personnel

(a) Tuition Reimbursement and Training.— 

(1) The Secretary of Defense shall provide for tuition reimbursement and training (including a full-time course of study leading to a degree) for acquisition personnel in the Department of Defense.
(2) For civilian personnel, the reimbursement and training shall be provided under section 4107 (b) of title 5 for the purposes described in that section. For purposes of such section 4107 (b), there is deemed to be, until September 30, 2010, a shortage of qualified personnel to serve in acquisition positions in the Department of Defense.
(3) In the case of members of the armed forces, the limitation in section 2007 (a) of this title shall not apply to tuition reimbursement and training provided for under this subsection.
(b) Repayment of Student Loans.— 
The Secretary of Defense may repay all or part of a student loan under section 5379 of title 5 for an employee of the Department of Defense appointed to an acquisition position.

10 USC 1746 - Defense acquisition university structure

(a) Defense Acquisition University Structure.— 
The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish and maintain a defense acquisition university structure to provide for
(1) the professional educational development and training of the acquisition workforce; and
(2) research and analysis of defense acquisition policy issues from an academic perspective.
(b) Civilian Faculty Members.— 

(1) The Secretary of Defense may employ as many civilians as professors, instructors, and lecturers in the defense acquisition university structure as the Secretary considers necessary.
(2) The compensation of persons employed under this subsection shall be as prescribed by the Secretary.
(3) In this subsection, the term defense acquisition university includes the Defense Systems Management College.

10 USC 1747 - Acquisition fellowship program

(a) Establishment.— 
The Secretary of Defense shall establish and carry out an acquisition fellowship program in accordance with this section in order to enhance the ability of the Department of Defense to recruit employees who are highly qualified in fields of acquisition.
(b) Number of Fellowships.— 
The Secretary of Defense may designate up to 25 prospective employees of the Department of Defense as acquisition fellows.
(c) Eligibility.— 
In order to be eligible for designation as an acquisition fellow, an employee
(1) must complete at least 2 years of Federal Government service as an employee in an acquisition position in the Department of Defense; and
(2) must be serving in an acquisition position in the Department of Defense that involves the performance of duties likely to result in significant restrictions under law on the employment activities of that employee after leaving Government service.
(d) Two-Year Period of Research and Teaching.— 
Under the fellowship program, the Secretary of Defense shall pay designated acquisition fellows to engage in research or teaching for a 2-year period in a field related to Federal Government acquisition policy. Such research or teaching may be conducted in the defense acquisition university structure of the Department of Defense, any other institution of professional education of the Federal Government, or a nonprofit institution of higher education. Each fellow shall be paid at a rate equal to the rate of pay payable for the level of the position in which the fellow served in the Department of Defense before undertaking such research or teaching.

TITLE 10 - US CODE - SUBCHAPTER V - GENERAL MANAGEMENT PROVISIONS

10 USC 1761 - Management information system

(a) In General.— 
The Secretary of Defense shall prescribe regulations to ensure that the military departments and Defense Agencies establish a management information system capable of providing standardized information to the Secretary on persons serving in acquisition positions.
(b) Minimum Information.— 
The management information system shall, at a minimum, provide for the following:
(1) The collection and retention of information concerning the qualifications, assignments, and tenure of persons in the acquisition workforce.
(2) Any exceptions and waivers granted with respect to the application of qualification, assignment, and tenure policies, procedures, and practices to such persons.
(3) Relative promotion rates for military personnel in the acquisition workforce.

10 USC 1762 - Repealed. Pub. L. 107107, div. A, title X, 1048(e)(7)(A), Dec. 28, 2001, 115 Stat. 1227]

Section, added Pub. L. 101–510, div. A, title XII, 1202(a), Nov. 5, 1990, 104 Stat. 1654; amended Pub. L. 103–160, div. A, title IX, 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 106–65, div. A, title IX, 911(a)(1), Oct. 5, 1999, 113 Stat. 717, related to report by the Under Secretary of Defense for Acquisition, Technology, and Logistics to the Secretary of Defense on the status of the defense acquisition workforce.

10 USC 1763 - Repealed. Pub. L. 108136, div. A, title VIII, 835(1), Nov. 24, 2003, 117 Stat. 1551]

Section, added Pub. L. 101–510, div. A, title XII, 1202(a), Nov. 5, 1990, 104 Stat. 1656; amended Pub. L. 103–160, div. A, title IX, 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105–85, div. A, title X, 1073(a)(33), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 107–107, div. A, title X, 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225, related to reassignment of authority by Secretary of Defense.

10 USC 1764 - Authority to establish different minimum requirements

(a) Authority.— 

(1) The Secretary of Defense may prescribe a different minimum number of years of experience, different minimum education qualifications, and different tenure of service qualifications to be required for eligibility for appointment or advancement to an acquisition position referred to in subsection (b) than is required for such position under or pursuant to any provision of this chapter.
(2) Any requirement prescribed under paragraph (1) for a position referred to in any paragraph of subsection (b) shall be applied uniformly to all positions referred to in such paragraph.
(b) Applicability.— 
This section applies to the following acquisition positions in the Department of Defense:
(1) Contracting officer, except a position referred to in paragraph (6).
(2) Program executive officer.
(3) Senior contracting official.
(4) Program manager.
(5) Deputy program manager.
(6) A position in the contract contingency force of an armed force that is filled by a member of that armed force.
(c) Definition.— 
In this section, the term contract contingency force, with respect to an armed force, has the meaning given such term in regulations prescribed by the Secretary concerned.