§ 1701. Management policies

• (a) 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) 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.

§ 1701a. Management for acquisition workforce excellence

• (a) The purpose of this chapter is to require the Department of Defense to develop and manage a highly skilled professional acquisition workforce—
  • (1) in which excellence and contribution to mission is rewarded;
  • (2) which has the technical expertise and business skills to ensure the Department receives the best value for the expenditure of public resources;
  • (3) which serves as a model for performance management of employees of the Department; and
  • (4) which is managed in a manner that complements and reinforces the management of the defense acquisition system pursuant to chapter 149 of this title.
• (b) In order to achieve the purpose set forth in subsection (a), the Secretary of Defense shall—
  • (1) use the full authorities provided in subsections (a) through (d) of section 9902 of title 5 , including flexibilities related to performance management and hiring and to training of managers;
  • (2) require managers to develop performance plans for individual members of the acquisition workforce in order to give members an understanding of how their performance contributes to their organization’s mission and the success of the defense acquisition system (as defined in section 2545 of this title );
  • (3) to the extent appropriate, use the lessons learned from the acquisition demonstration project carried out under section 1762 of this title related to contribution-based compensation and appraisal, and how those lessons may be applied within the General Schedule system;
  • (4) develop and implement a career path, as described in section 1722(a) of this title , for each career field designated by the Secretary under section 1721(a) of this title as an acquisition workforce career field;
  • (5) direct continuing education and training;
  • (6) authorize a member of the acquisition workforce to participate in professional associations, consistent with the performance plan of such a member in order to provide the member with the opportunity to gain leadership and management skills. 1 1 So in original. The period probably should be a semicolon.
  • (7) develop appropriate procedures for warnings and consequences during performance evaluations for members of the acquisition workforce who consistently fail to meet performance standards;
  • (8) take full advantage of the Defense Civilian Leadership Program established under section 1112 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2496 ; 10 U.S.C. 1580 note prec.);
  • (9) use the authorities for highly qualified experts under section 9903 of title 5 , to hire experts who are skilled acquisition professionals to—
    • (A) serve in leadership positions within the acquisition workforce to strengthen management and oversight;
    • (B) provide mentors to advise individuals within the acquisition workforce on their career paths and opportunities to advance and excel within the acquisition workforce; and
    • (C) assist with the design of education and training courses and the training of individuals in the acquisition workforce; and
  • (10) use the authorities for expedited security clearance processing pursuant to section 1564 of this title .
• (c)
  • (1) The Secretary of Defense shall implement a certification program to provide for a professional certification requirement for all members of the acquisition workforce. Except as provided in paragraph (2), the certification requirement for any acquisition workforce career field shall be based on standards developed by a third-party accredited program based on nationally or internationally recognized standards.
  • (2) If the Secretary determines that, for a particular acquisition workforce career field, a third-party accredited program based on nationally or internationally recognized standards does not exist, the Secretary shall establish the certification requirement for that career field that conforms with the practices of national or international accrediting organizations. The Secretary shall determine the best approach for meeting the certification requirement for any such career field, including by implementing such certification requirement through entities outside the Department of Defense, and may design and implement such certification requirement without regard to section 1746 of this title .
• (d) Any action taken by the Secretary under this section, or to implement this section, shall be subject to the requirements of chapter 71 of title 5.
• (e) Any rules or regulations prescribed pursuant to this section shall be deemed an agency rule or regulation under section 7117(a)(2) of title 5 , and shall not be deemed a Government-wide rule or regulation under section 7117(a)(1) of such title.

§ 1702. Under Secretary of Defense for Acquisition and Sustainment: authorities and responsibilities

Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment 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 .

§ 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.

§ 1705. Department of Defense Acquisition Workforce Development Account

• (a) The Secretary of Defense shall establish a fund 1 1 So in original. Probably should be “an account”. to be known as the “Department of Defense Acquisition Workforce Development Account” (in this section referred to as the “Account”) 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) The purpose of the Account 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) The Account shall be managed by a senior official of the Department of Defense designated by the Under Secretary of Defense for Acquisition and Sustainment for that purpose, from among persons with an extensive background in management relating to acquisition and personnel.
• (d) The Account shall consist of amounts appropriated to the Account by law.
• (e)
  • (1)
    • (A) Subject to the provisions of this subsection, amounts in the Account 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 Account, including for the provision of training and retention incentives to the acquisition workforce of the Department and to develop acquisition tools and methodologies, and undertake research and development activities, leading to acquisition policies and practices that will improve the efficiency and effectiveness of defense acquisition efforts. In the case of temporary members of the acquisition workforce designated pursuant to subsection (g)(2), such funds shall be available only for the limited purpose of providing training in the performance of acquisition-related functions and duties.
    • (B) Amounts in the Account also may be used to pay salaries of personnel at the Office of the Secretary of Defense, military departments, and Defense Agencies to manage the Account.
    • (C) Amounts in the Account may be used to pay the expenses of the public-private talent exchange program established under section 1599g of this title .
  • (2) Amounts in the Account may not be obligated for any purpose other than purposes described in paragraph (1) or otherwise in accordance with this subsection.
  • (3) The Under Secretary of Defense for Acquisition and Sustainment, acting through the senior official designated to manage the Account, shall issue guidance for the administration of the Account. Such guidance shall include provisions—
    • (A) identifying areas of need in the acquisition workforce for which amounts in the Account 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 Account to be submitted;
    • (C) describing the evaluation criteria to be used for approving or prioritizing applications for amounts in the Account in any fiscal year;
    • (D) describing measurable objectives of performance for determining whether amounts in the Account are being used in compliance with this section; and
    • (E) describing the amount from the Account that may be used to pay salaries of personnel at the Office of the Secretary of Defense, military departments, and Defense Agencies to manage the Account and the circumstances under which such amounts may be used for such purpose.
  • (4) Amounts in the Account shall not be available for payments to contractors or contractor employees, other than for the purposes of—
    • (A) providing advanced training to Department of Defense employees;
    • (B) developing acquisition tools and methodologies and performing research on acquisition policies and best practices that will improve the efficiency and effectiveness of defense acquisition efforts; and
    • (C) supporting human capital and talent management of the acquisition workforce, including benchmarking studies, assessments, and requirements planning.
  • (5) Amounts in the Account may not be used to pay the base salary of any person who was an employee of the Department serving in a position in the acquisition workforce as of January 28, 2008 , and who has continued in the employment of the Department since such time without a break in such employment of more than a year.
  • (6) Amounts appropriated to the Account pursuant to subsection (d) shall remain available for expenditure for the fiscal year in which appropriated and the succeeding fiscal year.
• (f) For purposes of sections 3304, 5333, and 5753 of title 5, the Secretary of Defense may—
  • (1) designate any category of positions in the acquisition workforce as positions for which there exists a shortage of candidates or there is a critical hiring need; and
  • (2) utilize the authorities in such sections to recruit and appoint qualified persons directly to positions so designated.
• (g) In this section, the term “acquisition workforce” means the following:
  • (1) Personnel in positions designated under section 1721 of this title as acquisition positions for purposes of this chapter.
  • (2) Other military personnel or civilian employees of the Department of Defense who—
    • (A)
      • (i) contribute significantly to the acquisition process by virtue of their assigned duties; or
      • (ii) contribute significantly to the acquisition or development of systems relating to cybersecurity; and
    • (B) are designated as temporary members of the acquisition workforce by the Under Secretary of Defense for Acquisition and Sustainment, or by the senior acquisition executive of a military department, for the limited purpose of receiving training for the performance of acquisition-related functions and duties.

§ 1706. Government performance of certain acquisition functions

• (a) It shall be the goal of the Department of Defense and each of the military departments to ensure that, for each major defense acquisition program and each major automated information system program, each of the following positions is performed by a properly qualified member of the armed forces or full-time employee of the Department of Defense:
  • (1) Program executive officer.
  • (2) Deputy program executive officer.
  • (3) Program manager.
  • (4) Deputy program manager.
  • (5) Senior contracting official.
  • (6) Chief developmental tester.
  • (7) Program lead product support manager.
  • (8) Program lead systems engineer.
  • (9) Program lead cost estimator.
  • (10) Program lead contracting officer.
  • (11) Program lead business financial manager.
  • (12) Program lead production, quality, and manufacturing.
  • (13) Program lead information technology.
• (b) The Secretary of Defense shall develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve the objective established in subsection (a).
• (c) In this section:
  • (1) The term “major defense acquisition program” has the meaning given such term in section 2430(a) of this title .
  • (2) The term “major automated information system program” has the meaning given such term in section 2445a(a) 1 1 See References in Text note below. of this title.

§ 1721. Designation of acquisition positions and acquisition workforce career fields

• (a) The Secretary of Defense shall designate in regulations those positions in the Department of Defense that are acquisition positions for purposes of this chapter. The Secretary shall also designate in regulations those career fields in the Department of Defense that are acquisition workforce career fields for purposes of this chapter.
• (b) 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) Security cooperation.
  • (12) Intellectual property.
  • (13) Other positions, as necessary.
• (c) 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 .

§ 1722. Career development

• (a) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall ensure that an appropriate career path for civilian and military personnel who wish to pursue careers in acquisition is identified for each acquisition workforce career field 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)
  • (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 and Sustainment 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) 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) 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)
  • (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) 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) 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.

§ 1722a. Special requirements for military personnel in the acquisition field

• (a) The Secretary of Defense shall require the Secretary of each military department (with respect to such military department), in collaboration with the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps (with respect to the Army, Navy, Air Force, and Marine Corps, respectively), and the Under Secretary of Defense for Acquisition and Sustainment (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) Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following:
  • (1) A single-track career path in the acquisition field that attracts the highest quality officers and enlisted personnel.
  • (2) A dual-track career path that attracts the highest quality officers and enlisted personnel and allows them to gain experience in and receive credit for a primary career in combat arms and a functional secondary career in the acquisition field in order to more closely align the military operational, requirements, and acquisition workforces of each armed force.
  • (3) 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.
  • (4) 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)
  • (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) 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) Not later than January 1 of each year, the Secretary of each military department shall submit to the Under Secretary of Defense for Acquisition and Sustainment 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.

§ 1722b. Special requirements for civilian employees in the acquisition field

• (a) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish policies and issue guidance to ensure the proper development, assignment, and employment of civilian members of the acquisition workforce to achieve the objectives specified in subsection (b).
• (b) 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 civilian personnel, from either within or outside the Federal Government.
  • (2) A deliberate workforce development strategy that increases attainment of key experiences that contribute to a highly qualified acquisition workforce.
  • (3) Sufficient opportunities for promotion and advancement in the acquisition field.
  • (4) A sufficient number of qualified, trained members eligible for and active in the acquisition field to ensure adequate capacity, capability, and effective succession for acquisition functions, including contingency contracting, of the Department of Defense.
  • (5) A deliberate workforce development strategy that ensures diversity in promotion, advancement, and experiential opportunities commensurate with the general workforce outlined in this section.
• (c) In carrying out subsection (b)(2), the Secretary shall ensure that key work experiences, in the form of multidisciplinary experiences, are developed for each acquisition workforce career field.

§ 1723. General education, training, and experience requirements

• (a)
  • (1) 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, the Secretary shall ensure the availability and sufficiency of training in all areas of acquisition, including additional training courses with an emphasis on services contracting, market research strategies (including assessments of local contracting capabilities), long-term sustainment strategies, information technology, and rapid acquisition.
  • (2) In establishing such requirements for positions other than critical acquisition positions designated pursuant to section 1731 of this title , the Secretary may state the requirements by categories of positions.
  • (3) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish requirements for continuing education and periodic renewal of an individual’s certification.
• (b) For each career path, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish requirements for the completion of course work and related on-the-job training and demonstration of qualifications in duties and tasks of the career path. The Secretary of Defense, acting through the Under Secretary, shall also—
  • (1) direct individuals in the acquisition workforce to maintain the currency of their acquisition knowledge and generally enhance their knowledge of related acquisition management disciplines through academic programs and other self-developmental activities; and
  • (2) develop key work experiences, including the creation of a program sponsored by the Department of Defense that facilitates the periodic interaction between individuals in the acquisition workforce and the end user in such end user’s environment to enhance the knowledge base of such workforce, for individuals in the acquisition workforce so that the individuals may gain in-depth knowledge and experience in the acquisition process and become seasoned, well-qualified members of the acquisition workforce.
• (c) 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.

§ 1724. Contracting positions: qualification requirements

• (a) 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) have received a baccalaureate degree from an accredited educational institution authorized to grant baccalaureate degrees; 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)
  • (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 requirement 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 requirement 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) 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) 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)
  • (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 requirement 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 requirement described in subsection (a)(3).
  • (2) To qualify for any developmental program described in paragraph (1)(B), an individual shall have 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.
• (f) 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.

§ 1725. Senior Military Acquisition Advisors

• (a)
  • (1) The Secretary of Defense may establish in the acquisition workforce a position to be known as “Senior Military Acquisition Advisor”.
  • (2) A Senior Military Acquisition Advisor shall be appointed by the President, by and with the advice and consent of the Senate.
  • (3) An officer who is appointed as a Senior Military Acquisition Advisor—
    • (A) shall serve as an advisor to, and provide senior level acquisition expertise to, the service acquisition executive of that officer’s military department in accordance with this section; and
    • (B) shall be assigned as an adjunct professor at the Defense Acquisition University.
• (b) An officer who is appointed as a Senior Military Acquisition Advisor may continue on active duty while serving in such position without regard to any mandatory retirement date that would otherwise be applicable to that officer by reason of years of service or age. An officer who is continued on active duty pursuant to this section is not eligible for consideration for selection for promotion.
• (c) Upon retirement, an officer who is a Senior Military Acquisition Advisor may, in the discretion of the President, be retired in the grade of brigadier general or rear admiral (lower half) if—
  • (1) the officer has served as a Senior Military Acquisition Advisor for a period of not less than three years; and
  • (2) the officer’s service as a Senior Military Acquisition Advisor has been distinguished.
• (d)
  • (1) Selection of an officer for recommendation for appointment as a Senior Military Acquisition Advisor shall be made competitively, and shall be based upon demonstrated experience and expertise in acquisition.
  • (2) Officers shall be selected for recommendation for appointment as Senior Military Acquisition Advisors from among officers in the acquisition workforce serving in critical acquisition positions who are serving in the grade of colonel or, in the case of the Navy, captain, and who have at least 12 years of acquisition experience. An officer selected for recommendation for appointment as a Senior Military Acquisition Advisor shall have at least 30 years of active commissioned service at the time of appointment.
  • (3) The appointment of an officer as a Senior Military Acquisition Advisor shall be for a term of not longer than five years.
• (e)
  • (1) There may not be more than 15 Senior Military Acquisition Advisors at any time, of whom—
    • (A) not more than five may be officers of the Army;
    • (B) not more than five may be officers of the Navy and Marine Corps; and
    • (C) not more than five may be officers of the Air Force.
  • (2) Subject to paragraph (1), the number of Senior Military Acquisition Advisors for each military department shall be as required and identified by the service acquisition executive of such military department and approved by the Under Secretary of Defense for Acquisition and Sustainment.
• (f) An officer who is a Senior Military Acquisition Advisor shall have as the officer’s primary duty providing strategic, technical, and programmatic advice to the service acquisition executive of the officer’s military department on matters pertaining to the Defense Acquisition System, including matters pertaining to procurement, research and development, advanced technology, test and evaluation, production, program management, systems engineering, and lifecycle logistics.

§ 1731. Critical acquisition positions

• (a)
  • (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.
• (b) The Secretary of Defense shall ensure that the qualifications of commissioned officers in the acquisition workforce 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.
• (c)
  • (1) The Secretary of Defense is authorized to require civilians in critical acquisition positions to sign mobility statements.
  • (2) The Secretary of Defense shall identify which categories of civilians in critical acquisition positions, as a condition of employment, shall be required to sign mobility statements. The Secretary shall make available published information on such identification of categories.

§ 1734. Career development

• (a)
  • (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 individual’s assignment as a deputy program manager.
• (b)
  • (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.
  • (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 individual’s assignment as a deputy program manager.
• (c)
  • (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)
  • (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)
  • (1) The Secretary of Defense shall establish a policy encouraging the rotation of members of the acquisition workforce 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) 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) The Secretary of Defense shall establish, for purposes of broadening the experience of members of the acquisition workforce, a test program in which members of the acquisition workforce 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 workforce in critical acquisition positions shall serve in such exchange assignments each year. The test program shall operate for not less than a period of three years.
• (h) 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 workforce to critical acquisition positions.

§ 1735. Education, training, and experience requirements for critical acquisition positions

• (a) 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) 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) 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 and Sustainment;
  • (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) 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) 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.

§ 1737. Definitions and general provisions

• (a) In this subchapter:
  • (1) The term “program manager” means, with respect to a defense acquisition program, the member of the acquisition workforce 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) Any civilian or military member of the acquisition workforce 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) 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 and Sustainment) for Defense Agencies and other components of the Department of Defense may waive, on a case-by-case basis, the requirements established under this subchapter with respect to the assignment of an individual to a particular critical acquisition position. Such a waiver may be granted only if unusual circumstances justify the waiver or if the Secretary concerned (or official to whom the waiver authority is delegated) determines that the individual’s qualifications obviate the need for meeting the education, training, and experience requirements established under this subchapter.

§ 1741. Policies and programs: establishment and implementation

• (a) 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) The Under Secretary of Defense for Acquisition and Sustainment 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 President’s budget submitted to Congress under section 1105 of title 31 .
• (c) 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.

§ 1742. Internship, cooperative education, and scholarship programs

• (a) 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 acquisition positions in the Department of Defense.
  • (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) 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.

§ 1745. Additional education and training programs available to acquisition personnel

• (a)
  • (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) 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.

§ 1746. Defense Acquisition University

• (a) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, 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)
  • (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 professors, instructors, and lecturers employed under paragraph (1) shall include individuals from civilian colleges or universities that are not owned or operated by the Federal Government, commercial learning and development organizations, industry, or federally funded research and development centers.
  • (3) The Secretary of Defense shall ensure that—
    • (A) not later than September 1, 2021 , not less than five full-time visiting professors employed under paragraph (1) are from civilian colleges or universities described under paragraph (2); ; 1 1 So in original. and
    • (B) not later than September 1, 2022 , not less than ten full-time visiting professors employed under paragraph (1) are from such civilian colleges or universities.
  • (4) The compensation of persons employed under this subsection shall be as prescribed by the Secretary.
  • (5) In this subsection, the term “defense acquisition university” includes the Defense Systems Management College.
• (c) The President of the Defense Acquisition University shall work with the relevant professional schools and degree-granting institutions of the Department of Defense and military departments, and with commercial training providers, to ensure that best practices are used in curriculum development to support acquisition workforce positions.
• (d)
  • (1) In engaging in research and development projects pursuant to subsection (a) of section 2358 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary may enter into such contract or cooperative agreement or award such grant through the Defense Acquisition University.
  • (2) The Defense Acquisition University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ).

§ 1747. Acquisition fellowship program

• (a) 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) The Secretary of Defense may designate up to 25 prospective employees of the Department of Defense as acquisition fellows.
• (c) 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) 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.

§ 1748. Fulfillment standards for acquisition workforce training

The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop fulfillment standards, and implement and maintain a program, for purposes of the training requirements of sections 1723, 1724, and 1735 of this title. Such fulfillment standards shall consist of criteria for determining whether an individual has demonstrated competence in the areas that would be taught in the training courses required under those sections. If an individual meets the appropriate fulfillment standard, the applicable training requirement is fulfilled.

§ 1761. Management information system

• (a) 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) 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.

§ 1762. Demonstration project relating to certain acquisition personnel management policies and procedures

• (a) The Secretary of Defense is authorized to carry out a demonstration project, the purpose of which is 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)
  • (1) Except as otherwise provided in this subsection, any demonstration project described in subsection (a) shall be subject to section 4703 of title 5 and all other provisions of such title that apply with respect to any demonstration project under such section.
  • (2) Subject to paragraph (3), in applying section 4703 of title 5 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) Paragraph (2) shall not apply with respect to a demonstration project unless—
    • (A) for each organization or team participating in the demonstration project—
      • (i) at least one-third of the workforce participating in the demonstration project consists of members of the acquisition workforce; and
      • (ii) at least two-thirds of the workforce participating in the demonstration project consists of members of the acquisition workforce and supporting personnel assigned to work directly with the acquisition workforce; and
    • (B) the demonstration project commences before October 1, 2007 .
  • (4) The Secretary of Defense shall exercise the authorities granted to the Office of Personnel Management under section 4703 of title 5 for purposes of the demonstration project authorized under this section.
• (c) The total number of persons who may participate at any one time in the demonstration project under this section may not exceed 130,000.
• (d) The applicability of paragraph (2) of subsection (b) to an organization or team shall not terminate by reason that the organization or team, after having satisfied the conditions in paragraph (3) of such subsection when it began to participate in a demonstration project under this section, ceases to meet one or both of the conditions set forth in subparagraph (A) of such paragraph (3) as a result of a reorganization, restructuring, realignment, consolidation, or other organizational change.
• (e)
  • (1) The Secretary of Defense shall designate an independent organization to conduct two assessments of the acquisition workforce demonstration project described in subsection (a).
  • (2) Each such assessment shall include the following:
    • (A) A description of the workforce included in the project.
    • (B) An explanation of the flexibilities used in the project to appoint individuals to the acquisition workforce and whether those appointments are based on competitive procedures and recognize veteran’s preferences.
    • (C) An explanation of the flexibilities used in the project to develop a performance appraisal system that recognizes excellence in performance and offers opportunities for improvement.
    • (D) The steps taken to ensure that such system is fair and transparent for all employees in the project.
    • (E) How the project allows the organization to better meet mission needs.
    • (F) An analysis of how the flexibilities in subparagraphs (B) and (C) are used, and what barriers have been encountered that inhibit their use.
    • (G) Whether there is a process for—
      • (i) ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the performance appraisal period; and
      • (ii) setting timetables for performance appraisals.
    • (H) The project’s impact on career progression.
    • (I) The project’s appropriateness or inappropriateness in light of the complexities of the workforce affected.
    • (J) The project’s sufficiency in terms of providing protections for diversity in promotion and retention of personnel.
    • (K) The adequacy of the training, policy guidelines, and other preparations afforded in connection with using the project.
    • (L) Whether there is a process for ensuring employee involvement in the development and improvement of the project.
  • (3) The first assessment under this subsection shall be completed not later than September 30, 2012 . The second and final assessment shall be completed not later than September 30, 2016 . The Secretary shall submit to the covered congressional committees a copy of each assessment within 30 days after receipt by the Secretary of the assessment.
• (f) In this section, the term “covered congressional committees” means—
  • (1) the Committees on Armed Services of the Senate and the House of Representatives;
  • (2) the Committee on Homeland Security and Governmental Affairs of the Senate; and
  • (3) the Committee on Oversight and Government Reform of the House of Representatives.
• (g) The authority to conduct a demonstration project under this section shall terminate on December 31, 2023 .
• (h) Within 6 months after the authority to conduct a demonstration project under this section is terminated as provided in subsection (g), employees in the project shall convert to the civilian personnel system created pursuant to section 9902 of title 5 .

§ 1764. Authority to establish different minimum requirements

• (a)
  • (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) 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) 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.

§ 1765. Competency development

For each acquisition workforce career field, the Secretary of Defense shall—

• (1) establish, for the civilian personnel in that career field, defined proficiency standards and technical and nontechnical competencies which shall be used in personnel qualification assessments; and
• (2) assign resources to accomplish such technical and nontechnical competencies.