US (United States) Code. Title 10. Subtitle A. Part II: Personnel. Chapter 87: Defense Acquisition Workforce

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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10 USC CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

.

-HEAD-

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

-MISC1-

Subchapter Sec.

I. General Authorities and Responsibilities 1701

II. Defense Acquisition Positions 1721

III. Acquisition Corps 1731

IV. Education and Training 1741

V. General Management Provisions 1761

AMENDMENTS

1991 - Pub. L. 102-25, title VII, Sec. 704(b)(1), Apr. 6, 1991,

105 Stat. 119, made technical amendment to directory language of

Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990,

104 Stat. 1638, which enacted this chapter.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1552 of this title; title

41 section 433.

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10 USC SUBCHAPTER I - GENERAL AUTHORITIES AND

RESPONSIBILITIES 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES

.

-HEAD-

SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES

-MISC1-

Sec.

1701. Management policies.

1702. Under Secretary of Defense for Acquisition, Technology, and

Logistics: authorities and responsibilities.

1703. Director of Acquisition Education, Training, and Career

Development.

1704. Service acquisition executives: authorities and

responsibilities.

1705. Directors of Acquisition Career Management in the military

departments.

1706. Acquisition career program boards.

1707. Personnel in the Office of the Secretary of Defense and in

the Defense Agencies.

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title X, Sec. 1048(b)(3)(B),

Dec. 28, 2001, 115 Stat. 1225, substituted ''Under Secretary of

Defense for Acquisition, Technology, and Logistics: authorities and

responsibilities'' for ''Under Secretary of Defense for Acquisition

and Technology: authorities and responsibilities'' in item 1702.

1993 - Pub. L. 103-160, div. A, title IX, Sec. 904(d)(2), Nov.

30, 1993, 107 Stat. 1728, inserted ''and Technology'' after

''Acquisition'' in item 1702.

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10 USC Sec. 1701 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES

-HEAD-

Sec. 1701. Management policies

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1638.)

-MISC1-

EFFECTIVE DATE

Section 1211 of title XII of Pub. L. 101-510 provided that:

''Except as otherwise provided in this title (see Short Title note

below), this title and the amendments made by this title, including

chapter 87 of title 10, United States Code (as added by section

1202), shall take effect on the date of the enactment of this Act

(Nov. 5, 1990).''

SHORT TITLE

Section 1201 of title XII of Pub. L. 101-510 provided that:

''This title (enacting this chapter, sections 5379 and 5380 of

Title 5, Government Organization and Employees, and section 317 of

Title 37, Pay and Allowances of the Uniformed Services, amending

sections 101 and 2435 of this title and sections 4107, 4301, 5102,

5532, 5724, 5742, 5924, 5942, 8344, and 8468 of Title 5, repealing

sections 1621 to 1624 of this title, enacting provisions set out as

notes under this section and sections 1621 to 1623, 1705, 1721,

1722, 1724, 1733, 1734, 1746, 1761, 1762, and 2435 of this title,

sections 3326, 5380, and 5532 of Title 5, and section 317 of Title

37, and repealing provisions set out as a note under section 2304

of this title) may be cited as the 'Defense Acquisition Workforce

Improvement Act'.''

REGULATIONS

Section 1210(a) of title XII of Pub. L. 101-510 provided that:

''Unless otherwise provided in this title (see Short Title note

above) and in subsection (b) (set out below), the Secretary of

Defense shall promulgate regulations to implement this title and

the amendments made by this title not later than one year after the

date of the enactment of this Act (Nov. 5, 1990).''

DEMONSTRATION PROJECT RELATING TO CERTAIN PERSONNEL MANAGEMENT

POLICIES AND PROCEDURES

Pub. L. 104-106, div. D, title XLIII, Sec. 4308, Feb. 10, 1996,

110 Stat. 669, as amended by Pub. L. 105-85, div. A, title VIII,

Sec. 845, Nov. 18, 1997, 111 Stat. 1845; Pub. L. 107-314, div. A,

title VIII, Sec. 813(b), Dec. 2, 2002, 116 Stat. 2609, provided

that:

''(a) Commencement. - The Secretary of Defense is encouraged to

take such steps as may be necessary to provide for the commencement

of a demonstration project, the purpose of which would be to

determine the feasibility or desirability of one or more proposals

for improving the personnel management policies or procedures that

apply with respect to the acquisition workforce of the Department

of Defense and supporting personnel assigned to work directly with

the acquisition workforce.

''(b) Terms and Conditions. -

''(1) In general. - Except as otherwise provided in this

subsection, any demonstration project described in subsection (a)

shall be subject to section 4703 of title 5, United States Code,

and all other provisions of such title that apply with respect to

any demonstration project under such section.

''(2) Exceptions. - Subject to paragraph (3), in applying

section 4703 of title 5, United States Code, with respect to a

demonstration project described in subsection (a) -

''(A) '180 days' in subsection (b)(4) of such section shall

be deemed to read '120 days';

''(B) '90 days' in subsection (b)(6) of such section shall be

deemed to read '30 days'; and

''(C) subsection (d)(1) of such section shall be disregarded.

''(3) Condition. - Paragraph (2) shall not apply with respect

to a demonstration project unless it -

''(A) involves only the acquisition workforce of the

Department of Defense (or any part thereof) or involves a team

of personnel more than half of which consists of members of the

acquisition workforce and the remainder of which consists of

supporting personnel assigned to work directly with the

acquisition workforce; and

''(B) commences before October 1, 2007.

''(c) Definition. - For purposes of this section, the term

'acquisition workforce' refers to the persons serving in

acquisition positions within the Department of Defense, as

designated pursuant to section 1721(a) of title 10, United States

Code.

''(d) Limitation on Number of Participants. - The total number of

persons who may participate in the demonstration project under this

section may not exceed 95,000.

''(e) Termination of Authority. - The authority to conduct a

demonstration program under this section shall terminate on

September 30, 2012.''

EVALUATION BY COMPTROLLER GENERAL

Section 1208 of title XII of Pub. L. 101-510, as amended by Pub.

L. 102-25, title VII, Sec. 704(b)(2), Apr. 6, 1991, 105 Stat. 119;

Pub. L. 102-484, div. A, title VIII, Sec. 812(g), Oct. 23, 1992,

106 Stat. 2452; Pub. L. 104-106, div. A, title XV, Sec.

1502(c)(4)(A), Feb. 10, 1996, 110 Stat. 507, provided for

evaluation by Comptroller General of actions taken by Secretary of

Defense to carry out requirements of Defense Acquisition Workforce

Improvement Act and submission of annual reports to Congress, prior

to repeal by Pub. L. 104-66, title I, Sec. 1031(b)(1), Dec. 21,

1995, 109 Stat. 714.

DEADLINES FOR QUALIFICATION REQUIREMENTS

Section 1210(b) of Pub. L. 101-510 provided that: ''Not later

than October 1, 1992, the Secretary of Defense shall prescribe

regulations to implement sections 1723, 1724, and 1732 of title 10,

United States Code (as added by section 1202).''

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10 USC Sec. 1702 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES

-HEAD-

Sec. 1702. Under Secretary of Defense for Acquisition, Technology,

and Logistics: authorities and responsibilities

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1638; amended Pub. L. 103-160, div. A, title IX,

Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105-261,

div. A, title VIII, Sec. 815, Oct. 17, 1998, 112 Stat. 2088; Pub.

L. 107-107, div. A, title X, Sec. 1048(b)(2), (3)(A), Dec. 28,

2001, 115 Stat. 1225.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107 substituted ''Under Secretary of Defense

for Acquisition, Technology, and Logistics'' for ''Under Secretary

of Defense for Acquisition and Technology'' in section catchline

and in text.

1998 - Pub. L. 105-261 inserted at end ''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.''

1993 - Pub. L. 103-160 substituted ''Under Secretary of Defense

for Acquisition and Technology'' for ''Under Secretary of Defense

for Acquisition'' in section catchline and in text.

QUICK-REACTION SPECIAL PROJECTS ACQUISITION TEAM

Pub. L. 107-314, div. A, title VIII, Sec. 807, Dec. 2, 2002, 116

Stat. 2608, provided that:

''(a) Establishment. - The Under Secretary of Defense for

Acquisition, Technology, and Logistics shall establish a team of

highly qualified acquisition professionals who shall be available

to advise the Under Secretary on actions that can be taken to

expedite the acquisition of urgently needed systems.

''(b) Duties. - The issues on which the team may provide advice

shall include the following:

''(1) Industrial base issues, including the limited

availability of suppliers.

''(2) Technology development and technology transition issues.

''(3) Issues of acquisition policy, including the length of the

acquisition cycle.

''(4) Issues of testing policy and ensuring that weapon systems

perform properly in combat situations.

''(5) Issues of procurement policy, including the impact of

socio-economic requirements.

''(6) Issues relating to compliance with environmental

requirements.''

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10 USC Sec. 1703 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES

-HEAD-

Sec. 1703. Director of Acquisition Education, Training, and Career

Development

-STATUTE-

The Under Secretary of Defense for Acquisition, Technology, and

Logistics shall appoint a Director of Acquisition Education,

Training, and Career Development within the office of the Under

Secretary to assist the Under Secretary in the performance of his

duties under this chapter.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1639; amended Pub. L. 103-160, div. A, title IX,

Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107-107,

div. A, title X, Sec. 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107 substituted ''Under Secretary of Defense

for Acquisition, Technology, and Logistics'' for ''Under Secretary

of Defense for Acquisition and Technology''.

1993 - Pub. L. 103-160 substituted ''Under Secretary of Defense

for Acquisition and Technology'' for ''Under Secretary of Defense

for Acquisition''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1707 of this title.

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10 USC Sec. 1704 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES

-HEAD-

Sec. 1704. Service acquisition executives: authorities and

responsibilities

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1639.)

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10 USC Sec. 1705 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES

-HEAD-

Sec. 1705. Directors of Acquisition Career Management in the

military departments

-STATUTE-

There shall be a Director of Acquisition Career Management for

each military department within the office of the service

acquisition executive to assist the executive in the performance of

his duties under this chapter. The Secretary of the Navy, acting

through the service acquisition executive, may appoint separate

directors for the Navy and the Marine Corps.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1639.)

-MISC1-

LEVEL OF DIRECTOR OF ACQUISITION CAREER MANAGEMENT BEFORE NOVEMBER

6, 1993

Section 1209(a) of Pub. L. 101-510, as amended by Pub. L. 102-25,

title VII, Sec. 704(b)(3)(A), Apr. 6, 1991, 105 Stat. 119, provided

that: ''Before November 6, 1993, the position of Director of

Acquisition Career Management (as established by section 1705 of

title 10, United States Code, as added by section 1202) may be held

only by -

''(1) a civilian employee in a position in the Civil Service

the rate of pay for which is equal to or greater than the rate of

basic pay payable for positions in level V of the Executive

Schedule under section 5316 of title 5, United States Code; or

''(2) a commissioned officer serving in the grade of major

general or rear admiral or a higher grade.''

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10 USC Sec. 1706 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES

-HEAD-

Sec. 1706. Acquisition career program boards

-STATUTE-

(a) Establishment. - The Secretary of each military department,

acting through the service acquisition executive, shall establish

an acquisition career program board to advise the service

acquisition executive in managing the accession, training,

education, and career development of military and civilian

personnel in the acquisition workforce and in selecting individuals

for an Acquisition Corps under section 1731 of this title.

(b) Composition of Board. - Each acquisition career program board

shall include the Director of Acquisition Career Management (or his

representative), the Assistant Secretary with responsibility for

manpower (or his representative), and the military and civilian

senior officials with responsibility for personnel development in

the various acquisition career fields. The service acquisition

executive (or his representative) shall be the head of the board.

(c) Subordinate Boards. - The Secretary of a military department

may establish a subordinate board structure in the department to

which functions of the acquisition career program board may be

delegated.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1639.)

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10 USC Sec. 1707 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES

-HEAD-

Sec. 1707. Personnel in the Office of the Secretary of Defense and

in the Defense Agencies

-STATUTE-

(a) Policies. - The Secretary of Defense, acting through the

Under Secretary of Defense for Acquisition, Technology, and

Logistics, shall establish and implement, in such manner as the

Secretary considers appropriate, policies and procedures for the

effective management, including accession, education, training, and

career development, of persons serving in acquisition positions in

the Office of the Secretary of Defense and the Defense Agencies.

Such policies and procedures shall include (1) the establishment of

one or more Acquisition Corps with respect to such persons, and (2)

the establishment of an acquisition career program board (and any

appropriate subordinate board structure) with respect to such

persons. The Secretary shall ensure that, to the maximum extent

practicable, such policies and procedures are as uniform as

practicable with the policies established under this chapter for

the military departments.

(b) Management. - The Director of Acquisition Education,

Training, and Career Development appointed under section 1703 of

this title shall serve as the Director of Acquisition Career

Management for the Office of the Secretary of Defense and for the

Defense Agencies.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1639; amended Pub. L. 103-160, div. A, title IX,

Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107-107,

div. A, title X, Sec. 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 substituted ''Under Secretary

of Defense for Acquisition, Technology, and Logistics'' for ''Under

Secretary of Defense for Acquisition and Technology''.

1993 - Subsec. (a). Pub. L. 103-160 substituted ''Under Secretary

of Defense for Acquisition and Technology'' for ''Under Secretary

of Defense for Acquisition''.

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10 USC SUBCHAPTER II - DEFENSE ACQUISITION POSITIONS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER II - DEFENSE ACQUISITION POSITIONS

.

-HEAD-

SUBCHAPTER II - DEFENSE ACQUISITION POSITIONS

-MISC1-

Sec.

1721. Designation of acquisition positions.

1722. Career development.

1723. General education, training, and experience requirements.

1724. Contracting positions: qualification requirements.

1725. Office of Personnel Management approval.

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10 USC Sec. 1721 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER II - DEFENSE ACQUISITION POSITIONS

-HEAD-

Sec. 1721. Designation of acquisition positions

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1640; amended Pub. L. 102-25, title VII, Sec.

701(j)(1), Apr. 6, 1991, 105 Stat. 116; Pub. L. 105-85, div. A,

title IX, Sec. 912(f), Nov. 18, 1997, 111 Stat. 1862.)

-MISC1-

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-85 substituted ''November 12,

1996'' for ''November 25, 1988''.

1991 - Subsec. (c). Pub. L. 102-25 substituted ''Activities',

dated'' for ''Activities,' dated'' in last sentence.

TWENTY PERCENT REDUCTION IN DEFENSE ACQUISITION WORKFORCE

Section 905 of Pub. L. 101-510, required Secretary of Defense to

reduce number of employees in Department of Defense acquisition

workforce on last day of each of fiscal years 1991 through 1995

below number of employees in such workforce on last day of

preceding fiscal year by not less than number equal to 4 percent of

number of employees in such workforce on Sept. 30, 1990, and which

defined ''Department of Defense acquisition workforce'', prior to

repeal by Pub. L. 102-190, div. A, title IX, Sec. 904, Dec. 5,

1991, 105 Stat. 1451.

DEADLINE FOR DESIGNATION OF ACQUISITION POSITIONS

Pub. L. 101-510, div. A, title XII, Sec. 1209(b), Nov. 5, 1990,

104 Stat. 1666, as amended by Pub. L. 102-25, title VII, Sec.

704(b)(3)(B), Apr. 6, 1991, 105 Stat. 119; Pub. L. 103-160, div.

A, title IX, Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729, provided

that the designation of acquisition positions required by this

section was to be made by the Secretary of Defense, acting through

the Under Secretary of Defense for Acquisition and Technology, not

later than Oct. 1, 1991.

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10 USC Sec. 1722 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER II - DEFENSE ACQUISITION POSITIONS

-HEAD-

Sec. 1722. Career development

-STATUTE-

(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, Sec.

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.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1641; amended Pub. L. 103-160, div. A, title IX,

Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107-107,

div. A, title X, Sec. 1048(b)(2), (e)(3), Dec. 28, 2001, 115 Stat.

1225, 1227.)

-MISC1-

AMENDMENTS

2001 - Subsecs. (a), (b)(2)(B). Pub. L. 107-107, Sec. 1048(b)(2),

substituted ''Under Secretary of Defense for Acquisition,

Technology, and Logistics'' for ''Under Secretary of Defense for

Acquisition and Technology''.

Subsec. (e). Pub. L. 107-107, Sec. 1048(e)(3), struck out heading

and text of subsec. (e). Text read as follows: ''The Secretary of

Defense shall ensure that the acquisition workforce is managed such

that, for each fiscal year from October 1, 1991, through September

30, 1996, there is a substantial increase in the proportion of

civilians (as compared to armed forces personnel) serving in

critical acquisition positions in general, in program manager

positions, and in division head positions over the proportion of

civilians (as compared to armed forces personnel) in such positions

on October 1, 1990.''

1993 - Subsecs. (a), (b)(2)(B). Pub. L. 103-160 substituted

''Under Secretary of Defense for Acquisition and Technology'' for

''Under Secretary of Defense for Acquisition''.

MILITARY POSITIONS AND ASSIGNMENTS POLICY DEADLINES

Section 1209(c), (d) of Pub. L. 101-510 provided that:

''(c) Military Positions Policy Deadlines. - (1) The policy

required by paragraph (2) of section 1722(b) of title 10, United

States Code (as added by section 1202), shall be established by the

Secretary of Defense not later than October 1, 1991.

''(2) The first report required by section 1722(b)(2)(B) of title

10, United States Code (as added by section 1202), shall be

submitted to the Secretary of Defense not later than September 30,

1993.

''(d) Assignments Policy Deadline. - Not later than October 1,

1991, the Secretary of Defense shall establish, and require

commencement of implementation of, an assignments policy pursuant

to section 1722(f) of title 10, United States Code (as added by

section 1202).''

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10 USC Sec. 1723 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER II - DEFENSE ACQUISITION POSITIONS

-HEAD-

Sec. 1723. General education, training, and experience requirements

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1642; amended Pub. L. 104-201, div. A, title X,

Sec. 1074(a)(9)(A), Sept. 23, 1996, 110 Stat. 2659.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-201 struck out ''Unless otherwise

provided in this chapter, such requirements shall take effect not

later than October 1, 1993.'' after first sentence.

GUIDANCE AND STANDARDS FOR DEFENSE ACQUISITION WORKFORCE TRAINING

REQUIREMENTS

Pub. L. 105-85, div. A, title VIII, Sec. 853, Nov. 18, 1997, 111

Stat. 1851, provided that: ''The Secretary of Defense shall develop

appropriate guidance and standards to ensure that the Department of

Defense will continue, where appropriate and cost-effective, to

enter into contracts for the training requirements of sections

1723, 1724, and 1735 of title 10, United States Code, while

maintaining appropriate control over the content and quality of

such training.''

FULFILLMENT STANDARDS FOR MANDATORY TRAINING

Pub. L. 102-484, div. A, title VIII, Sec. 812(c), Oct. 23, 1992,

106 Stat. 2451, as amended by Pub. L. 105-85, div. A, title X,

Sec. 1073(d)(2)(A), Nov. 18, 1997, 111 Stat. 1905, provided that

the Secretary of Defense, acting through the Under Secretary of

Defense for Acquisition and Technology, was to develop, not later

than 90 days after Oct. 23, 1992, fulfillment standards, and

implement a program, for purposes of the training requirements of

sections 1723, 1724, and 1735 of this title, and that the standards

were to take effect as of Nov. 5, 1990, and cease to be in effect

on Oct. 1, 1997.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1725, 1735 of this title.

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10 USC Sec. 1724 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER II - DEFENSE ACQUISITION POSITIONS

-HEAD-

Sec. 1724. Contracting positions: qualification requirements

-STATUTE-

(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 member's 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

GS-1102 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 GS-1102 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 GS-1102 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 acquisition career program board concerned 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 board certifies 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 board shall set forth in a

written document the rationale for its decision to waive such

requirements. Such document shall be submitted to and retained by

the Director of Acquisition Education, Training, and Career

Development.

(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).

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,

1990, 104 Stat. 1642; amended Pub. L. 103-35, title I, Sec. 101,

May 31, 1993, 107 Stat. 97; Pub. L. 104-201, div. A, title X, Sec.

1074(a)(9)(B), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 106-398,

Sec. 1 ((div. A), title VIII, Sec. 808(a)-(d)), Oct. 30, 2000, 114

Stat. 1654, 1654A-208; Pub. L. 107-107, div. A, title VIII, Sec.

824(a), Dec. 28, 2001, 115 Stat. 1183.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (a)(1)(A), is set

out under section 5332 of Title 5, Government Organization and

Employees.

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AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107, Sec. 824(a)(1)(A), reenacted

heading without change and substituted introductory provisions for

provisions which read ''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, a person must - ''.

Subsec. (a)(1). Pub. L. 107-107, Sec. 824(a)(1)(B), struck out

''mandatory'' before ''contracting courses'' and substituted cls.

(A) and (B) for ''at the grade level, or in the position within the

grade of the General Schedule (in the case of an employee), that

the person is serving in;''.

Subsec. (a)(3). Pub. L. 107-107, Sec. 824(a)(1)(C), which

directed the amendment of par. (3)(A) by inserting a comma after

''business'', was executed by inserting comma after ''business'' in

par. (3)(B) to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 107-107, Sec. 824(a)(2), added subsec. (b)

and struck out former subsec. (b) which read as follows:

''(b) GS-1102 Series Positions and Similar Military Positions. -

The Secretary of Defense shall require that a person meet the

requirements set forth in paragraph (3) of subsection (a), but not

the other requirements set forth in that subsection, in order to

qualify to serve in a position in the Department of Defense in -

''(1) the GS-1102 occupational series; or

''(2) a similar occupational specialty if the position is to be

filled by a member of the armed forces.''

Subsecs. (c) to (f). Pub. L. 107-107, Sec. 824(a)(3), added

subsecs. (c) to (f) and struck out former subsecs. (c) and (d)

which related to exception to requirements of subsecs. (a) and (b)

and waiver of such requirements, respectively.

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title

VIII, Sec. 808(d)), struck out ''(except as provided in subsections

(c) and (d))'' after ''a person must'' in introductory provisions.

Subsec. (a)(3). Pub. L. 106-398, Sec. 1 ((div. A), title VIII,

Sec. 808(b)(1)), inserted ''and'' before ''(B) have completed'' and

struck out '', or (C) have passed 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 in any of the

disciplines listed in subparagraph (B)'' after ''organization and

management''.

Subsec. (b). Pub. L. 106-398, Sec. 1 ((div. A), title VIII, Sec.

808(b)(2)), amended heading and text of subsec. (b) generally.

Prior to amendment, text read as follows: ''The Secretary of

Defense shall require that a person may not be employed by the

Department of Defense in the GS-1102 occupational series unless the

person (except as provided in subsections (c) and (d)) meets the

requirements set forth in subsection (a)(3).''

Subsec. (c). Pub. L. 106-398, Sec. 1 ((div. A), title VIII, Sec.

808(c)), amended heading and text of subsec. (c) generally. Prior

to amendment, text read as follows:

''(1) The requirements set forth in subsections (a)(3) and (b)

shall not apply to any employee who, on October 1, 1991, has at

least 10 years of experience in acquisition positions, in

comparable positions in other government agencies or the private

sector, or in similar positions in which an individual obtains

experience directly relevant to the field of contracting.

''(2) The requirements of subsections (a) and (b) shall not apply

to any employee for purposes of qualifying to serve in the position

in which the employee is serving on October 1, 1993, or any other

position in the same or lower grade and involving the same or lower

level of responsibilities as the position in which the employee is

serving on such date.''

Subsec. (d). Pub. L. 106-398, Sec. 1 ((div. A), title VIII, Sec.

808(a)), in first sentence, substituted ''employee or member of''

for ''employee of'' and ''employee or member possesses'' for

''employee possesses''.

1996 - Subsec. (a). Pub. L. 104-201, in introductory provisions,

struck out '', beginning on October 1, 1993,'' after ''require

that'' and substituted ''simplified acquisition threshold'' for

''small purchase threshold''.

Subsec. (b). Pub. L. 104-201, Sec. 1074(a)(9)(B)(ii), struck out

'', beginning on October 1, 1993,'' after ''require that''.

1993 - Subsec. (c)(2). Pub. L. 103-35 inserted ''or lower''

before ''grade'' and before ''level''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title VIII, Sec. 808(e)), Oct.

30, 2000, 114 Stat. 1654, 1654A-208, provided that: ''This section

(amending this section), and the amendments made by this section,

shall take effect on October 1, 2000, and shall apply to

appointments and assignments to contracting positions made on or

after that date.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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FULFILLMENT STANDARDS FOR MANDATORY TRAINING

For provisions relating to development of fulfillment standards

for purposes of the training requirements of this section, see

section 812(c) of Pub. L. 102-484, set out as a note under section

1723 of this title.

CREDIT FOR EXPERIENCE IN CERTAIN POSITIONS

Section 1209(i) of Pub. L. 101-510, as amended by Pub. L. 102-25,

title VII, Sec. 704(b)(3)(D), Apr. 6, 1991, 105 Stat. 119, provided

that: ''For purposes of meeting any requirement under chapter 87 of

title 10, United States Code (as added by section 1202), for a

period of experience (such as requirements for experience in

acquisition positions or in critical acquisition positions) and for

purposes of coverage under the exceptions established by section

1724(c)(1) and section 1732(c)(1) of such title, any period of time

spent serving in a position later designated as an acquisition

position or a critical acquisition position under such chapter may

be counted as experience in such a position for such purposes.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1725 of this title.

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10 USC Sec. 1725 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE

SUBCHAPTER II - DEFENSE ACQUISITION POSITIONS

-HEAD-

Sec. 1725. Office of Personnel Management approval

-STATUTE-

(a) Qualification Requirements. - The Secretary of Defense shall

submit any requirement with respect to civilian employees that is

established under section 1723 or under section 1724(a)(4) of this

title 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.

(b