10 U.S.C. § 1734 — Career development

Page 1570 TITLE 10—ARMED FORCES [§ 1733 102–484, div. A, title VIII, § 812(e)(1), Oct. 23, 1992, 106 Stat. 2451; Pub. L. 103–89, § 3(b)(3)(B), Sept. 30, 1993, 107 Stat. 982; Pub. L. 105–261, div. A, title VIII, § 811, Oct. 17, 1998, 112 Stat. 2086; Pub. L. 107–107, div. A, title VIII, § 824(b), title X, § 1048(e)(4), Dec. 28, 2001, 115 Stat. 1185, 1227; Pub. L. 108–136, div. A, title VIII, §§ 831(b)(2), (3), 832(b)(2), 833(2), Nov. 24, 2003, 117 Stat. 1549, 1550; Pub. L. 108–375, div. A, title VIII, § 812(a)(1), title X, § 1084(d)(14), (h)(2), Oct. 28, 2004, 118 Stat. 2013, 2062, 2064; Pub. L. 109–163, div. A, title X, § 1056(c)(3), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 116–92, div. A, title VIII, § 861(b)(2), (j)(4), Dec. 20, 2019, 133 Stat. 1516, 1519, related to selection cri- teria and procedures for membership in the Acquisition Corps. [§ 1733. Renumbered § 1731] § 1734. Career development (a) THREE-YEAR ASSIGNMENT PERIOD.—(1) Ex- cept as provided under subsection (b) and para- graph (3), the Secretary of each military depart- ment, acting through the service acquisition ex- ecutive for that department, shall provide that any person who is assigned to a critical acquisi- tion position shall be assigned to the position for not fewer than three years. Except as pro- vided in subsection (d), the Secretary concerned may not reassign a person from such an assign- ment 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 em- ployee) in that position for at least three years. The service obligation contained in such a writ- ten 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 acquisi- tion position upon completion of the individ- ual’s assignment as a deputy program manager. (b) ASSIGNMENT PERIOD FOR PROGRAM MAN- AGERS.—(1) The Secretary of Defense shall pre- scribe in regulations— (A) a requirement that a program manager and a deputy program manager (except as pro- vided in paragraph (3)) of a major defense ac- quisition program be assigned to the position at least until completion of the major mile- stone 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 ex- tent practicable, a program manager who is the replacement for a reassigned program manager arrive at the assignment location be- fore the reassigned program manager leaves. Except as provided in subsection (d), the Sec- retary concerned may not reassign a program manager or deputy program manager from such an assignment until after such major milestone has occurred. (2) A person may not be assigned to a critical acquisition position as a program manager or deputy program manager of a major defense ac- quisition 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 em- ployee) in that position at least until comple- tion 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 crit- ical acquisition position upon completion of the individual’s assignment as a deputy program manager. (c) MAJOR MILESTONE REGULATIONS.—(1) The Secretary of Defense shall issue regulations de- fining what constitutes major milestones for purposes of this section. The service acquisition executive of each military department shall es- tablish major milestones at the beginning of a major defense acquisition program consistent with such regulations and shall use such mile- stones to determine the assignment period for program managers and deputy program man- agers 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 4214(a) of this title. The Secretary shall require that the major milestones as defined in the reg- ulations be included in the Selected Acquisition Report required for such program under section 4351 of this title. (d) WAIVER OF ASSIGNMENT PERIOD.—(1) With respect to a person assigned to a critical acqui- sition 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 De- fense. (2) With respect to each waiver granted under this subsection, the service acquisition execu- tive (or his delegate) shall set forth in a written document the rationale for the decision to grant the waiver. (e) ROTATION POLICY.—(1) The Secretary of De- fense shall establish a policy encouraging the rotation of members of the acquisition work- force 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 op- portunities for career broadening assignments and an infusion of new ideas into critical acqui- sition 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 Page 1571 TITLE 10—ARMED FORCES § 1734 purpose of determining whether the Government and such person would be better served by a re- assignment to a different position. Such a re- view shall be carried out with respect to each such person not later than five years after that person is assigned to a critical position. (f) CENTRALIZED JOB REFERRAL SYSTEM.—The Secretary of Defense shall prescribe regulations providing for the use of centralized lists to en- sure that persons are selected for critical posi- tions without regard to geographic location of applicants for such positions. (g) EXCHANGE PROGRAM.—The Secretary of De- fense 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 per- cent of the members of the acquisition work- force 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) RESPONSIBILITY FOR ASSIGNMENTS.—The Secretary of each military department, acting through the service acquisition executive for that department, is responsible for making as- signments of civilian and military personnel of that military department who are members of the acquisition workforce to critical acquisition positions. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1646; amended Pub. L. 102–484, div. A, title VIII, § 812(a), (b), Oct. 23, 1992, 106 Stat. 2450; Pub. L. 104–201, div. A, title X, § 1074(a)(9)(D), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 107–107, div. A, title X, § 1048(e)(5), Dec. 28, 2001, 115 Stat. 1227; Pub. L. 108–136, div. A, title VIII, §§ 831(b)(4), 832(b)(3), 833(2), (3), Nov. 24, 2003, 117 Stat. 1549, 1550; Pub. L. 116–92, div. A, title VIII, § 861(j)(10), Dec. 20, 2019, 133 Stat. 1520; Pub. L. 116–283, div. A, title XVIII, § 1849(f), for- merly § 1849(m), Jan. 1, 2021, 134 Stat. 4264, re- numbered § 1849(f) and amended Pub. L. 117–81, div. A, title XVII, § 1701(o)(5)(B), (6)(D), Dec. 27, 2021, 135 Stat. 2147; Pub. L. 117–81, div. A, title XVII, § 1702(a)(3), Dec. 27, 2021, 135 Stat. 2155.) Editorial Notes AMENDMENTS 2021—Subsec. (c)(2). Pub. L. 117–81, § 1702(a)(3), sub- stituted ‘‘section 4214(a)’’ for ‘‘section 2435(a)’’. Pub. L. 116–283, § 1849(f), formerly § 1849(m), as renum- bered and amended by Pub. L. 117–81, § 1701(o)(5)(B), (6)(D), substituted ‘‘section 4351’’ for ‘‘section 2432’’. 2019—Subsec. (e)(1). Pub. L. 116–92, § 861(j)(10)(A), sub- stituted ‘‘of the acquisition workforce’’ for ‘‘of the Ac- quisition Corps’’. Subsec. (g). Pub. L. 116–92, § 861(j)(10)(B), substituted ‘‘experience of members of the acquisition workforce’’ for ‘‘experience of members of the Acquisition Corps’’, ‘‘in which members of the acquisition workforce’’ for ‘‘in which members of the Corps’’, and ‘‘of the acquisi- tion workforce in critical acquisition positions’’ for ‘‘of the Acquisition Corps’’. Subsec. (h). Pub. L. 116–92, § 861(j)(10)(A), substituted ‘‘of the acquisition workforce’’ for ‘‘of the Acquisition Corps’’. 2003—Subsec. (d)(2). Pub. L. 108–136, § 831(b)(4)(A)(ii), redesignated par. (3) as (2) and struck out at end ‘‘The document shall be submitted to the Director of Acqui- sition Education, Training, and Career Development.’’ Pub. L. 108–136, § 831(b)(4)(A)(i), struck out par. (2) which read as follows: ‘‘The authority to grant such waivers may be delegated by the service acquisition ex- ecutive of a military department only to the Director of Acquisition Career Management for the military de- partment.’’ Subsec. (d)(3). Pub. L. 108–136, § 831(b)(4)(A)(ii), redes- ignated par. (3) as (2). Subsec. (e)(1). Pub. L. 108–136, § 833(2), substituted ‘‘the Acquisition Corps’’ for ‘‘an Acquisition Corps’’ Subsec. (e)(2). Pub. L. 108–136, § 831(b)(4)(B), struck out ‘‘, by the acquisition career program board of the de- partment concerned,’’ after ‘‘case-by-case basis’’. Subsec. (g). Pub. L. 108–136, § 833(3)(A), substituted ‘‘the Acquisition Corps, a test program in which mem- bers of the Corps’’ for ‘‘each Acquisition Corps, a test program in which members of a Corps’’. Pub. L. 108–136, § 832(b)(3), substituted ‘‘The Sec- retary’’ for ‘‘(1) The Secretary’’ and struck out par. (2) which read as follows: ‘‘The Secretary of Defense shall submit the portion of the test program applicable to ci- vilian employees to the Director of the Office of Per- sonnel Management for approval. If the Director does not disapprove that portion of the test program within 30 days after the date on which the Director receives it, that portion of the test program is deemed to be ap- proved by the Director.’’ Subsec. (h). Pub. L. 108–136, § 833(3)(B), substituted ‘‘making assignments of civilian and military per- sonnel of that military department who are members of the Acquisition Corps’’ for ‘‘making assignments of ci- vilian and military members of the Acquisition Corps of that military department’’. 2001—Subsec. (b)(1)(B). Pub. L. 107–107, § 1048(e)(5)(A), struck out ‘‘on and after October 1, 1991,’’ before ‘‘to the maximum extent practicable’’. Subsec. (e)(2). Pub. L. 107–107, § 1048(e)(5)(B), struck out at end ‘‘Reviews under this subsection shall be car- ried out after October 1, 1995, but may be carried out before that date.’’ 1996—Subsec. (a)(1). Pub. L. 104–201, § 1074(a)(9)(D)(i), struck out ‘‘, on and after October 1, 1993,’’ after ‘‘pro- vide that’’. Subsec. (b)(1)(A). Pub. L. 104–201, § 1074(a)(9)(D)(ii), struck out ‘‘, on and after October 1, 1991,’’ after ‘‘re- quirement that’’. 1992—Subsec. (a)(1). Pub. L. 102–484, § 812(b)(1)(A), in- serted before first comma ‘‘and paragraph (3)’’. Subsec. (a)(3). Pub. L. 102–484, § 812(b)(1)(B), added par. (3). Subsec. (b)(1)(A). Pub. L. 102–484, § 812(b)(2)(A), in- serted ‘‘(except as provided in paragraph (3))’’ after ‘‘deputy program manager’’. Subsec. (b)(3). Pub. L. 102–484, § 812(b)(2)(B), added par. (3). Subsec. (e)(2). Pub. L. 102–484, § 812(a), inserted at end ‘‘Reviews under this subsection shall be carried out after October 1, 1995, but may be carried out before that date.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1701(o)(5)(B), (6)(D) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. JOB REFERRAL SYSTEM DEADLINE Pub. L. 101–510, div. A, title XII, § 1209(e), Nov. 5, 1990, 104 Stat. 1666, provided that: ‘‘Not later than October 1, Page 1572 TITLE 10—ARMED FORCES § 1735 1991, the Secretary of Defense shall prescribe regula- tions required under section 1734(f) of title 10, United States Code (as added by section 1202).’’ § 1735. Education, training, and experience re- quirements for critical acquisition positions (a) QUALIFICATION REQUIREMENTS.—In estab- lishing 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 re- quirements set forth in subsections (b) through (e). (b) PROGRAM MANAGERS AND DEPUTY PROGRAM MANAGERS.—Before being assigned to a position as a program manager or deputy program man- ager of a major defense acquisition program or a significant nonmajor defense acquisition pro- gram, a person— (1) must have completed the program man- agement course at the Defense Systems Man- agement College or a management program at an accredited educational institution deter- mined 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 organiza- tion; (B) a program manager of a significant nonmajor defense acquisition program, must have at least six years of experience in ac- quisition; (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 orga- nization; and (D) a deputy program manager of a signifi- cant nonmajor defense acquisition program, must have at least four years of experience in acquisition. (c) PROGRAM EXECUTIVE OFFICERS.—Before being assigned to a position as a program execu- tive officer, a person— (1) must have completed the program man- agement course at the Defense Systems Man- agement 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 crit- ical acquisition position; and (3) must have held a position as a program manager or a deputy program manager. (d) GENERAL AND FLAG OFFICERS AND CIVILIANS IN EQUIVALENT POSITIONS.—Before a general or flag officer, or a civilian serving in a position equivalent in grade to the grade of such an offi- cer, may be assigned to a critical acquisition po- sition, the person must have at least 10 years ex- perience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position. (e) SENIOR CONTRACTING OFFICIALS.—Before a person may be assigned to a critical acquisition position as a senior contracting official, the per- son must have at least four years experience in contracting. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1648; amended Pub. L. 102–484, div. A, title VIII, § 812(d), Oct. 23, 1992, 106 Stat. 2451; Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 116–92, div. A, title IX, § 902(20), Dec. 20, 2019, 133 Stat. 1545.) Editorial Notes AMENDMENTS 2019—Subsec. (c)(1). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’. 2001—Subsec. (c)(1). Pub. L. 107–107 substituted ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’ for ‘‘Under Secretary of Defense for Acquisition and Technology’’. 1993—Subsec. (c)(1). Pub. L. 103–160 substituted ‘‘Under Secretary of Defense for Acquisition and Tech- nology’’ for ‘‘Under Secretary of Defense for Acquisi- tion’’. 1992—Subsec. (b)(3). Pub. L. 102–484 struck out ‘‘or deputy program manager’’ after ‘‘program manager’’ in subpars. (A) and (B), struck out ‘‘and’’ at end of subpar. (A), substituted semicolon for period at end of subpar. (B), and added subpars. (C) and (D). Statutory Notes and Related Subsidiaries 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. [§ 1736. Repealed. Pub. L. 107–107, div. A, title X, § 1048(e)(6)(A), Dec. 28, 2001, 115 Stat. 1227] Section, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1649, related to applica- bility of the qualification requirements. § 1737. Definitions and general provisions (a) DEFINITIONS.—In this subchapter: (1) The term ‘‘program manager’’ means, with respect to a defense acquisition program, the member of the acquisition workforce re- sponsible for managing the program, regard- less 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 4201 of this title) and that is esti- mated by the Secretary of Defense to require an eventual total expenditure for research, de- velopment, test, and evaluation of more than