
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(b)(2)]
[Document affected by Public Law 107-107 Section 1048(e)(3)]
[CITE: 10USC1722]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                CHAPTER 87--DEFENSE ACQUISITION WORKFORCE
 
              SUBCHAPTER II--DEFENSE ACQUISITION POSITIONS
 
Sec. 1722. Career development

    (a) Career Paths.--The Secretary of Defense, acting through the 
Under Secretary of Defense for Acquisition, Technology, and Logistics, 
shall ensure that appropriate career paths for civilian and military 
personnel who wish to pursue careers in acquisition are identified in 
terms of the education, training, experience, and assignments necessary 
for career progression of civilians and members of the armed forces to 
the most senior acquisition positions. The Secretary shall make 
available published information on such career paths.
    (b) Limitation on Preference for Military Personnel.--(1) The 
Secretary of Defense shall ensure that no requirement or preference for 
a member of the armed forces is used in the consideration of persons for 
acquisition positions, except as provided in the policy established 
under paragraph (2).
    (2)(A) The Secretary shall establish a policy permitting a 
particular acquisition position to be specified as available only to 
members of the armed forces if a determination is made, under criteria 
specified in the policy, that a member of the armed forces is required 
for that position by law, is essential for performance of the duties of 
the position, or is necessary for another compelling reason.
    (B) Not later than December 15 of each year, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall submit to the 
Secretary a report that lists each acquisition position that is 
restricted to members of the armed forces under such policy and the 
recommendation of the Under Secretary as to whether such position should 
remain so restricted.
    (c) Opportunities for Civilians To Qualify.--The Secretary of 
Defense shall ensure that civilian personnel are provided the 
opportunity to acquire the education, training, and experience necessary 
to qualify for senior acquisition positions.
    (d) Best Qualified.--The Secretary of Defense shall ensure that the 
policies established under this chapter are designed to provide for the 
selection of the best qualified individual for a position, consistent 
with other applicable law.
    (e) Management of Workforce.--The Secretary of Defense shall ensure 
that the acquisition workforce is managed such that, for each fiscal 
year from October 1, 1991, through September 30, 1996, there is a 
substantial increase in the proportion of civilians (as compared to 
armed forces personnel) serving in critical acquisition positions in 
general, in program manager positions, and in division head positions 
over the proportion of civilians (as compared to armed forces personnel) 
in such positions on October 1, 1990.
    (f) Assignments Policy.--(1) The Secretary of Defense shall 
establish a policy on assigning military personnel to acquisition 
positions that provides for a balance between (A) the need for personnel 
to serve in career broadening positions, and (B) the need for requiring 
service in each such position for sufficient time to provide the 
stability necessary to effectively carry out the duties of the position 
and to allow for the establishment of responsibility and accountability 
for actions taken in the position.
    (2) In implementing the policy established under paragraph (1), the 
Secretaries of the military departments shall provide, as appropriate, 
for longer lengths of assignments to acquisition positions than 
assignments to other positions.
    (g) Performance Appraisals.--The Secretary of each military 
department, acting through the service acquisition executive for that 
department, shall provide an opportunity for review and inclusion of any 
comments on any appraisal of the performance of a person serving in an 
acquisition position by a person serving in an acquisition position in 
the same acquisition career field.
    (h) Balanced Workforce Policy.--In the development of defense 
acquisition workforce policies under this chapter with respect to any 
civilian employees or applicants for employment, the Secretary of 
Defense or the Secretary of a military department (as applicable) shall, 
consistent with the merit system principles set out in paragraphs (1) 
and (2) of section 2301(b) of title 5, take into consideration the need 
to maintain a balanced workforce in which women and members of racial 
and ethnic minority groups are appropriately represented in Government 
service.

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 
104 Stat. 1641; amended Pub. L. 103-160, div. A, title IX, 
Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 106-65, div. A, 
title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717.)


                               Amendments

    1999--Subsecs. (a), (b)(2)(B). Pub. L. 106-65 substituted ``Under 
Secretary of Defense for Acquisition, Technology, and Logistics'' for 
``Under Secretary of Defense for Acquisition and Technology''.
    1993--Subsecs. (a), (b)(2)(B). Pub. L. 103-160 substituted ``Under 
Secretary of Defense for Acquisition and Technology'' for ``Under 
Secretary of Defense for Acquisition''.


           Military Positions and Assignments Policy Deadlines

    Section 1209(c), (d) of Pub. L. 101-510 provided that:
    ``(c) Military Positions Policy Deadlines.--(1) The policy required 
by paragraph (2) of section 1722(b) of title 10, United States Code (as 
added by section 1202), shall be established by the Secretary of Defense 
not later than October 1, 1991.
    ``(2) The first report required by section 1722(b)(2)(B) of title 
10, United States Code (as added by section 1202), shall be submitted to 
the Secretary of Defense not later than September 30, 1993.
    ``(d) Assignments Policy Deadline.--Not later than October 1, 1991, 
the Secretary of Defense shall establish, and require commencement of 
implementation of, an assignments policy pursuant to section 1722(f) of 
title 10, United States Code (as added by section 1202).''

                  Section Referred to in Other Sections

    This section is referred to in section 1762 of this title.
