
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(e)(5)]
[CITE: 10USC1734]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                CHAPTER 87--DEFENSE ACQUISITION WORKFORCE
 
                    SUBCHAPTER III--ACQUISITION CORPS
 
Sec. 1734. Career development

    (a) Three-Year Assignment Period.--(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) Assignment Period for Program Managers.--(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, on and after October 1, 1991, 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.

Except as provided in subsection (d), the Secretary 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 
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) Major Milestone Regulations.--(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) Waiver of Assignment Period.--(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) The authority to grant such waivers may be delegated by the 
service acquisition executive of a military department only to the 
Director of Acquisition Career Management for the military department.
    (3) 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. The 
document shall be submitted to the Director of Acquisition Education, 
Training, and Career Development.
    (e) Rotation Policy.--(1) The Secretary of Defense shall establish a 
policy encouraging the rotation of members of an Acquisition Corps 
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, by the acquisition 
career program board of the department concerned, 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. Reviews under this 
subsection shall be carried out after October 1, 1995, but may be 
carried out before that date.
    (f) Centralized Job Referral System.--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) Exchange Program.--(1) The Secretary of Defense shall establish, 
for purposes of broadening the experience of members of each Acquisition 
Corps, a test program in which members of a Corps 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 Corps 
shall serve in such exchange assignments each year. The test program 
shall operate for not less than a period of three years.
    (2) The Secretary of Defense shall submit the portion of the test 
program applicable to civilian employees to the Director of the Office 
of Personnel 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 approved by the Director.
    (h) Responsibility for Assignments.--The Secretary of each military 
department, acting through the service acquisition executive for that 
department, is responsible for making assignments of civilian and 
military members of the Acquisition Corps of that military department to 
critical acquisition positions.

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 
104 Stat. 1646; amended Pub. L. 102-484, div. A, title VIII, 
Sec. 812(a), (b), Oct. 23, 1992, 106 Stat. 2450; Pub. L. 104-201, div. 
A, title X, Sec. 1074(a)(9)(D), Sept. 23, 1996, 110 Stat. 2659.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-201, Sec. 1074(a)(9)(D)(i), struck 
out ``, on and after October 1, 1993,'' after ``provide that''.
    Subsec. (b)(1)(A). Pub. L. 104-201, Sec. 1074(a)(9)(D)(ii), struck 
out ``, on and after October 1, 1991,'' after ``requirement that''.
    1992--Subsec. (a)(1). Pub. L. 102-484, Sec. 812(b)(1)(A), inserted 
before first comma ``and paragraph (3)''.
    Subsec. (a)(3). Pub. L. 102-484, Sec. 812(b)(1)(B), added par. (3).
    Subsec. (b)(1)(A). Pub. L. 102-484, Sec. 812(b)(2)(A), inserted 
``(except as provided in paragraph (3))'' after ``deputy program 
manager''.
    Subsec. (b)(3). Pub. L. 102-484, Sec. 812(b)(2)(B), added par. (3).
    Subsec. (e)(2). Pub. L. 102-484, Sec. 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.''


                      Job Referral System Deadline

    Section 1209(e) of Pub. L. 101-510 provided that: ``Not later than 
October 1, 1991, the Secretary of Defense shall prescribe regulations 
required under section 1734(f) of title 10, United States Code (as added 
by section 1202).''

                  Section Referred to in Other Sections

    This section is referred to in sections 1735, 1762 of this title; 
title 37 section 317.
