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.