10 U.S.C. § 1721 — Designation of acquisition positions and

Page 1559 TITLE 10—ARMED FORCES § 1722 Editorial Notes AMENDMENTS 2019—Pub. L. 116–92, div. A, title VIII, § 861(f)(2)(B), (3)(A), Dec. 20, 2019, 133 Stat. 1518, substituted ‘‘ACQUI- SITION POSITIONS AND ACQUISITION WORKFORCE CAREER FIELDS’’ for ‘‘DEFENSE ACQUISITION PO- SITIONS’’ in heading for subchapter II and ‘‘Designa- tion of acquisition positions and acquisition workforce career fields’’ for ‘‘Designation of acquisition posi- tions’’ in item 1721. 2016—Pub. L. 114–328, div. A, title VIII, § 866(a)(2), Dec. 23, 2016, 130 Stat. 2306, added item 1725. 2011—Pub. L. 111–383, div. A, title VIII, § 873(a)(2), Jan. 7, 2011, 124 Stat. 4303, added item 1722b. 2009—Pub. L. 111–84, div. A, title X, § 1073(c)(6), Oct. 28, 2009, 123 Stat. 2474, amended Pub. L. 110–417, § 834(a)(2). See 2008 Amendment note below. 2008—Pub. L. 110–417, [div. A], title VIII, § 834(a)(2), Oct. 14, 2008, 122 Stat. 4537, as amended by Pub. L. 111–84, div. A, title X, § 1073(c)(6), Oct. 28, 2009, 123 Stat. 2474, added item 1722a. 2003—Pub. L. 108–136, div. A, title VIII, § 836(2), Nov. 24, 2003, 117 Stat. 1551, struck out item 1725 ‘‘Office of Personnel Management approval’’. § 1721. Designation of acquisition positions and acquisition workforce career fields (a) DESIGNATION.—The Secretary of Defense shall designate in regulations those positions in the Department of Defense that are acquisition positions for purposes of this chapter. The Sec- retary shall also designate in regulations those career fields in the Department of Defense that are acquisition workforce career fields for pur- poses of this chapter. (b) REQUIRED POSITIONS.—In designating the positions under subsection (a), the Secretary shall include, at a minimum, all acquisition-re- lated positions in the following areas: (1) Program management. (2) Systems planning, research, develop- ment, 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 man- agement, and auditing. (9) Education, training, and career develop- ment. (10) Construction. (11) Security cooperation. (12) Intellectual property. (13) Other positions, as necessary. (c) MANAGEMENT HEADQUARTERS ACTIVITIES.— The Secretary also shall designate as acquisi- tion positions under subsection (a) those acqui- sition-related positions which are in manage- ment headquarters activities and in manage- ment headquarters support activities. For pur- poses of this subsection, the terms ‘‘manage- ment headquarters activities’’ and ‘‘manage- ment headquarters support activities’’ have the meanings given those terms in Department of Defense Directive 5100.73, entitled ‘‘Department of Defense Management Headquarters and Head- quarters Support Activities’’, dated November 12, 1996. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1640; amended Pub. L. 102–25, title VII, § 701(j)(1), Apr. 6, 1991, 105 Stat. 116; Pub. L. 105–85, div. A, title IX, § 912(f), Nov. 18, 1997, 111 Stat. 1862; Pub. L. 115–91, div. A, title VIII, § 802(b), Dec. 12, 2017, 131 Stat. 1451; Pub. L. 116–92, div. A, title VIII, § 861(d), (f)(1), (2)(A), Dec. 20, 2019, 133 Stat. 1517.) Editorial Notes AMENDMENTS 2019—Pub. L. 116–92, § 861(f)(2)(A), substituted ‘‘Des- ignation of acquisition positions and acquisition work- force career fields’’ for ‘‘Designation of acquisition po- sitions’’ in section catchline. Subsec. (a). Pub. L. 116–92, § 861(f)(1), inserted at end ‘‘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.’’ Subsec. (b)(11). Pub. L. 116–92, § 861(d)(1), amended par. (11) generally. Prior to amendment, par. (11) read as follows: ‘‘Joint development and production with other government agencies and foreign countries.’’ Subsec. (b)(13). Pub. L. 116–92, § 861(d)(2), added par. (13). 2017—Subsec. (b)(12). Pub. L. 115–91 added par. (12). 1997—Subsec. (c). Pub. L. 105–85 substituted ‘‘Novem- ber 12, 1996’’ for ‘‘November 25, 1988’’. 1991—Subsec. (c). Pub. L. 102–25 substituted ‘‘Activi- ties’, dated’’ for ‘‘Activities,’ dated’’ in last sentence. Statutory Notes and Related Subsidiaries DEADLINE FOR DESIGNATION OF CAREER FIELDS Pub. L. 116–92, div. A, title VIII, § 861(f)(4), Dec. 20, 2019, 133 Stat. 1518, provided that: ‘‘Not later than the end of the six-month period beginning on the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall carry out the requirements of the sec- ond sentence of section 1721(a) of title 10, United States Code (as added by paragraph (1)).’’ TWENTY PERCENT REDUCTION IN DEFENSE ACQUISITION WORKFORCE Pub. L. 101–510, div. A, title IX, § 905, Nov. 5, 1990, 104 Stat. 1621, required Secretary of Defense to reduce number of employees in Department of Defense acquisi- tion workforce on last day of each of fiscal years 1991 through 1995 below number of employees in such work- force on last day of preceding fiscal year by not less than number equal to 4 percent of number of employees in such workforce on Sept. 30, 1990, and which defined ‘‘Department of Defense acquisition workforce’’, prior to repeal by Pub. L. 102–190, div. A, title IX, § 904, Dec. 5, 1991, 105 Stat. 1451. DEADLINE FOR DESIGNATION OF ACQUISITION POSITIONS Pub. L. 101–510, div. A, title XII, § 1209(b), Nov. 5, 1990, 104 Stat. 1666, as amended by Pub. L. 102–25, title VII, § 704(b)(3)(B), Apr. 6, 1991, 105 Stat. 119; Pub. L. 103–160, div. A, title IX, § 904(f), Nov. 30, 1993, 107 Stat. 1729, pro- vided that the designation of acquisition positions re- quired by this section was to be made by the Secretary of Defense, acting through the Under Secretary of De- fense for Acquisition and Technology, not later than Oct. 1, 1991. § 1722. Career development (a) CAREER PATHS.—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