10 U.S.C. § 1722a — Special requirements for military per-

Page 1560 TITLE 10—ARMED FORCES § 1722a for career progression of civilians and members of the armed forces to the most senior acquisi- tion positions. The Secretary shall make avail- able 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 con- sideration 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 compel- ling 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) OPPORTUNITIES FOR CIVILIANS TO QUAL- IFY.—The Secretary of Defense shall ensure that civilian personnel are provided the opportunity to acquire the education, training, and experi- ence 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 se- lection of the best qualified individual for a po- sition, consistent with other applicable law. [(e) Repealed. Pub. L. 107–107, div. A, title X, § 1048(e)(3), Dec. 28, 2001, 115 Stat. 1227.] (f) ASSIGNMENTS POLICY.—(1) The Secretary of Defense shall establish a policy on assigning military personnel to acquisition positions that provides for a balance between (A) the need for personnel to serve in career broadening posi- tions, 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 es- tablishment of responsibility and accountability for actions taken in the position. (2) In implementing the policy established under paragraph (1), the Secretaries of the mili- tary 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 depart- ment, shall provide an opportunity for review and inclusion of any comments on any appraisal of the performance of a person serving in an ac- quisition position by a person serving in an ac- quisition position in the same acquisition career field. (h) BALANCED WORKFORCE POLICY.—In the de- velopment of defense acquisition workforce poli- cies under this chapter with respect to any civil- ian employees or applicants for employment, the Secretary of Defense or the Secretary of a military department (as applicable) shall, con- sistent 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 Govern- ment service. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1641; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, § 1048(b)(2), (e)(3), Dec. 28, 2001, 115 Stat. 1225, 1227; Pub. L. 116–92, div. A, title VIII, § 861(e)(2), title IX, § 902(15), Dec. 20, 2019, 133 Stat. 1517, 1544.) Editorial Notes AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92, § 902(15)(A), sub- stituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Acquisition’’. Pub. L. 116–92, § 861(e)(2), substituted ‘‘an appropriate career path’’ for ‘‘appropriate career paths’’ and ‘‘is identified for each acquisition workforce career field’’ for ‘‘are identified’’. Subsec. (b)(2)(B). Pub. L. 116–92, § 902(15)(B), sub- stituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Secretary of Defense for Acqui- sition, Technology, and Logistics’’. 2001—Subsecs. (a), (b)(2)(B). Pub. L. 107–107, § 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, § 1048(e)(3), struck out heading and text of subsec. (e). Text read as follows: ‘‘The Secretary of Defense shall ensure that the acqui- sition 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 ci- vilians (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 sub- stituted ‘‘Under Secretary of Defense for Acquisition and Technology’’ for ‘‘Under Secretary of Defense for Acquisition’’. Statutory Notes and Related Subsidiaries MILITARY POSITIONS AND ASSIGNMENTS POLICY DEADLINES Pub. L. 101–510, div. A, title XII, § 1209(c), (d), Nov. 5, 1990, 104 Stat. 1666, 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 estab- lish, 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).’’ § 1722a. Special requirements for military per- sonnel in the acquisition field (a) REQUIREMENT FOR POLICY AND GUIDANCE REGARDING MILITARY PERSONNEL IN ACQUISI- Page 1561 TITLE 10—ARMED FORCES § 1722a TION.—The Secretary of Defense shall require the Secretary of each military department (with respect to such military department), in col- laboration with the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations (with respect to the Army, Navy, Air Force, Marine Corps, and Space Force, 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 De- fense Field Activities) to establish policies and issue guidance to ensure the proper develop- ment, assignment, and employment of members of the armed forces in the acquisition field to achieve the objectives of this section as speci- fied in subsection (b). (b) OBJECTIVES.—Policies established and guid- ance issued pursuant to subsection (a) shall en- sure, at a minimum, the following: (1) A single-track career path in the acquisi- tion field that attracts the highest quality of- ficers and enlisted personnel. (2) A dual-track career path that attracts the highest quality officers and enlisted per- sonnel and allows them to gain experience in and receive credit for a primary career in com- bat 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 sen- ior noncommissioned officer positions, includ- ing acquisition billets reserved for general of- ficers 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 func- tions of the Department of Defense and the ap- propriate use of military personnel in contin- gency contracting. (c) RESERVATION OF ACQUISITION BILLETS FOR GENERAL OFFICERS AND FLAG OFFICERS.—(1) The Secretary of Defense shall— (A) establish for each military department a sufficient number of billets coded or classified for acquisition personnel that are reserved for general officers and flag officers that are need- ed 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 re- serve at least that minimum number of billets and fill the billets with qualified and trained general officers and flag officers who have sig- nificant acquisition experience. (2) The Secretary of Defense shall ensure— (A) a sufficient number of billets for acquisi- tion personnel who are general officers or flag officers exist within the Office of the Sec- retary of Defense, the unified combatant com- mands, the Defense Agencies, and the Defense Field Activities to ensure the optimum man- agement of the acquisition functions of the Department of Defense; and (B) that the policies established and guid- ance issued pursuant to subsection (a) by the Secretary reserve within the Office of the Sec- retary of Defense, the unified combatant com- mands, the Defense Agencies, and the Defense Field Activities at least that minimum num- ber 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 pri- marily focused on contracting and are reserved for general officers and flag officers who have significant contracting experience. (d) RELATIONSHIP TO LIMITATION ON PREF- ERENCE FOR MILITARY PERSONNEL.—Any designa- tion or reservation of a position for a member of the armed forces as a result of a policy estab- lished or guidance issued pursuant to this sec- tion shall be deemed to meet the requirements for an exception under paragraph (2) of section 1722(b) of this title from the limitation in para- graph (1) of such section. (e) REPORT.—Not later than January 1 of each year, the Secretary of each military department shall submit to the Under Secretary of Defense for Acquisition and Sustainment a report de- scribing how the Secretary fulfilled the objec- tives 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. (Added Pub. L. 110–417, [div. A], title VIII, § 834(a)(1), Oct. 14, 2008, 122 Stat. 4535; amended Pub. L. 114–92, div. A, title VIII, § 842, Nov. 25, 2015, 129 Stat. 914; Pub. L. 116–92, div. A, title IX, § 902(16), Dec. 20, 2019, 133 Stat. 1544; Pub. L. 116–283, div. A, title IX, § 924(b)(27), Jan. 1, 2021, 134 Stat. 3825; Pub. L. 117–81, div. A, title X, § 1081(a)(23), Dec. 27, 2021, 135 Stat. 1920.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 117–81 substituted single comma for double commas after ‘‘the Chief of Staff of the Air Force’’. Pub. L. 116–283, § 924(b)(27)(B), which directed substi- tution of ‘‘the Under Secretary of Defense for Acquisi- tion and Sustainment’’ for ‘‘the Under Secretary of De- fense for Acquisition, Technology, and Logistics’’, could not be executed because of the intervening amendment by Pub. L. 116–92. See 2019 Amendment note below. Pub. L. 116–283, § 924(b)(27)(A), substituted ‘‘, the Commandant of the Marine Corps, and the Chief of Space Operations (with respect to the Army, Navy, Air Force, Marine Corps, and Space Force, respectively)’’ for ‘‘and the Commandant of the Marine Corps (with re- spect to the Army, Navy, Air Force, and Marine Corps, respectively)’’. 2019—Subsecs. (a), (e). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Ac- quisition, Technology, and Logistics’’. 2015—Subsec. (a). Pub. L. 114–92, § 842(a), inserted ‘‘, in collaboration with the Chief of Staff of the Army, the Page 1562 TITLE 10—ARMED FORCES § 1722b 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),’’ after ‘‘military department)’’. Subsec. (b)(1). Pub. L. 114–92, § 842(b)(2), inserted ‘‘sin- gle-track’’ before ‘‘career path’’. Subsec. (b)(2) to (4). Pub. L. 114–92, § 842(b)(1), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. § 1722b. Special requirements for civilian em- ployees in the acquisition field (a) REQUIREMENT FOR POLICY AND GUIDANCE REGARDING CIVILIAN PERSONNEL IN ACQUISI- TION.—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 develop- ment, assignment, and employment of civilian members of the acquisition workforce to achieve the objectives specified in subsection (b). (b) OBJECTIVES.—Policies established and guid- ance issued pursuant to subsection (a) shall en- sure, at a minimum, the following: (1) A career path in the acquisition field that attracts the highest quality civilian per- sonnel, from either within or outside the Fed- eral Government. (2) A deliberate workforce development strategy that increases attainment of key ex- periences 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 acquisi- tion field to ensure adequate capacity, capa- bility, 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) KEY WORK EXPERIENCES.—In carrying out subsection (b)(2), the Secretary shall ensure that key work experiences, in the form of multidisci- plinary experiences, are developed for each ac- quisition workforce career field. (Added Pub. L. 111–383, div. A, title VIII, § 873(a)(1), Jan. 7, 2011, 124 Stat. 4302; amended Pub. L. 112–239, div. A, title X, § 1076(d)(1), Jan. 2, 2013, 126 Stat. 1951; Pub. L. 115–91, div. A, title X, § 1051(a)(8), Dec. 12, 2017, 131 Stat. 1560; Pub. L. 116–92, div. A, title VIII, § 861(g)(1), title IX, § 902(17), Dec. 20, 2019, 133 Stat. 1518, 1545.) Editorial Notes AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92, § 902(17), substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Ac- quisition, Technology, and Logistics’’. Subsec. (c). Pub. L. 116–92, § 861(g)(1), added subsec. (c). 2017—Subsec. (c). Pub. L. 115–91 struck out subsec. (c) which related to inclusion of information in annual re- port to Congress required under former section 115b(d) of this title. 2013—Subsec. (c)(3). Pub. L. 112–239, § 1076(d)(1)(A), substituted ‘‘subsections (b)(1)(A) and (b)(1)(B)’’ for ‘‘subsections (b)(2)(A) and (b)(2)(B)’’. Subsec. (c)(4). Pub. L. 112–239, § 1076(d)(1)(B), sub- stituted ‘‘or 1734(d)’’ for ‘‘1734(d), or 1736(c)’’. Statutory Notes and Related Subsidiaries PLAN FOR IMPLEMENTATION OF KEY WORK EXPERIENCES Pub. L. 116–92, div. A, title VIII, § 861(g)(2), Dec. 20, 2019, 133 Stat. 1518, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan identifying the specific actions the Secretary has taken, and is plan- ning to take, to develop and establish key work experi- ences for each acquisition workforce career field as re- quired by subsection (c) of section 1722b of title 10, United States Code (as added by paragraph (1)). The plan shall specify the percentage of the acquisition workforce, or funds available for administration of the acquisition workforce on an annual basis, that the Sec- retary will dedicate towards developing and estab- lishing such key work experiences.’’ ENHANCEMENTS TO THE CIVILIAN PROGRAM MANAGEMENT WORKFORCE Pub. L. 115–91, div. A, title VIII, § 841(a), Dec. 12, 2017, 131 Stat. 1477, provided that: ‘‘(a) ESTABLISHMENT OF PROGRAM MANAGER DEVELOP- MENT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary of Defense, in con- sultation with the Secretaries of the military depart- ments, shall implement a program manager develop- ment program to provide for the professional develop- ment of high-potential, experienced civilian per- sonnel. Personnel shall be competitively selected for the program based on their potential to become a program manager of a major defense acquisition pro- gram, as defined in section 2430 of title 10, United States Code [now 10 U.S.C. 4201]. The program shall be administered and overseen by the Secretary of each military department, acting through the service acquisition executive for the department concerned. ‘‘(2) PLAN REQUIRED.—Not later than one year after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall provide to the Com- mittees on Armed Services of the Senate and the House of Representatives a comprehensive plan to implement the program established under paragraph (1). In developing the plan, the Secretary of Defense shall seek the input of relevant external parties, in- cluding professional associations, other government entities, and industry. The plan shall include the fol- lowing elements: ‘‘(A) An assessment of the minimum level of sub- ject matter experience, education, years of experi- ence, certifications, and other qualifications re- quired to be selected into the program, set forth separately for current Department of Defense em- ployees and for personnel hired into the program from outside the Department of Defense. ‘‘(B) A description of hiring flexibilities to be used to recruit qualified personnel from outside the Department of Defense. ‘‘(C) A description of the extent to which mobility agreements will be required to be signed by per- sonnel selected for the program during their par- ticipation in the program and after their comple- tion of the program. The use of mobility agree- ments shall be applied to help maximize the flexi- bility of the Department of Defense in assigning personnel, while not inhibiting the participation of the most capable candidates. ‘‘(D) A description of the tenure obligation re- quired of personnel selected for the program. ‘‘(E) A plan for training during the course of the program, including training in leadership, program management, engineering, finance and budgeting, market research, business acumen, contracting,