
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(e)(7)(A)]
[CITE: 10USC1762]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                CHAPTER 87--DEFENSE ACQUISITION WORKFORCE
 
               SUBCHAPTER V--GENERAL MANAGEMENT PROVISIONS
 
Sec. 1762. Report to Secretary of Defense

    (a) Report of Under Secretary of Defense for Acquisition, 
Technology, and Logistics.--Each year the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall transmit to the Secretary 
of Defense a report on the status of the defense acquisition workforce. 
Each annual report shall include, for each military department and 
Defense Agency and the Office of the Secretary of Defense, information 
on each category of information referred to in subsection (c).
    (b) Inclusion of Information in Annual Report.--The Secretary of 
Defense shall include in the annual report of the Secretary to Congress 
under section 113(c) of this title the information in the report 
transmitted to the Secretary under subsection (a).
    (c) Information.--The following information shall be included in the 
report transmitted to the Secretary under subsection (a) for the period 
covered by the report (which shall be shown for the Department of 
Defense as a whole and, with respect to paragraphs (1) through (12), 
separately for the Army, Navy, Air Force, Marine Corps, Defense 
Agencies, and Office of the Secretary of Defense):
        (1) The number of acquisition positions specified under the 
    policy established under section 1722(b)(2) of this title as being 
    available, as of December 1 of the period covered by the report, 
    only to members of the armed forces, set forth separately under each 
    criterion established in the policy, together with a discussion of 
    the types of positions that are so specified.
        (2) The total number of persons serving in the Acquisition Corps 
    as of December 1 of the period covered by the report, set forth 
    separately for members of the armed forces and civilian employees, 
    by grade level and by functional specialty.
        (3) The total number of critical acquisition positions held as 
    of December 1 of the period covered by the report, set forth 
    separately for members of the armed forces and civilian employees, 
    by grade level and by other appropriate categories (including by 
    program manager, deputy program manager, and division head 
    positions). For each such category, the report shall specify the 
    number of civilians holding such positions compared to the total 
    number of positions filled.
        (4)(A) The promotion rate for officers in an acquisition corps 
    considered for promotion from within the promotion zone, compared 
    with the promotion rate for other officers considered for promotion 
    from within the promotion zone in the same pay grade, shown for all 
    officers of the same armed force and for all line (or the 
    equivalent) officers of the same armed force.
        (B) The promotion rate for officers in an acquisition corps 
    considered for promotion from below the promotion zone, compared in 
    the same manner as specified in subparagraph (A).
        (C) If the promotion rates fail to meet the objective of section 
    1731(b) of this title, the Secretary of Defense shall notify 
    Congress of such failures and of what actions the Secretary has 
    taken or plans to take in reaction to such failures.
        (5) The number of employees who met the requirement of section 
    1724(a)(3) or section 1724(b) of this title by passing an exam as 
    described in section 1724(a)(3)(C),\1\ set forth separately for 
    contracting officers and persons in the GS-1102 occupational series.
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    \1\ See References in Text note below.
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        (6) The number of employees to whom the requirements of 
    subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this title 
    did not apply because of the exceptions provided in paragraphs (1) 
    and (2) of section 1732(c) of this title, set forth separately by 
    type of exception.
        (7) The number of employees certified by an acquisition career 
    program board under section 1732(b)(2)(A)(ii) of this title.
        (8) The number of program managers and deputy program managers 
    who were reassigned after completion of a major milestone occurring 
    closest in time to the date on which the person has served in the 
    position for four years (as required under section 1734(b) of this 
    title), and the proportion of those reassignments to the total 
    number of reassignments of program managers and deputy program 
    managers, set forth separately for program managers and deputy 
    program managers. The Secretary also shall include the average 
    length of assignment served by program managers and deputy program 
    managers so reassigned.
        (9) The number of persons, excluding those reported under 
    paragraph (8), in critical acquisition positions who were reassigned 
    after a period of three years or longer (as required under section 
    1734(a) of this title), and the proportion of those reassignments to 
    the total number of reassignments of persons, excluding those 
    reported under paragraph (8), in critical acquisition positions.
        (10) The number of times a waiver authority was exercised under 
    section 1724(d), 1732(d), 1734(d), or 1736(c) of this title or any 
    other provision of this chapter (or other provision of law) which 
    permits the waiver of any requirement relating to the acquisition 
    workforce, and in the case of each such authority, the reasons for 
    exercising the authority. The Secretary may present the information 
    provided under this paragraph by category or grouping of types of 
    waivers and reasons.
        (11) The number of persons reviewed for reassignment pursuant to 
    section 1734(e)(2) of this title and the number of persons 
    reassigned as a result of such reviews, together with a discussion 
    of the criteria used to determine reassignments.
        (12) The number of persons participating in each of the programs 
    described in sections 1742 through 1745 of this title, as of 
    December 1 of the period covered by the report.
        (13) The number of persons paid a bonus under section 317 of 
    title 37 and the number of years of service agreed to, for each such 
    bonus, by category.
        (14) Such other information and comparative data as the 
    Secretary of Defense considers appropriate to demonstrate the 
    performance of the Department of Defense and the performance of each 
    military department in carrying out this chapter.

    (d) Effective Date.--The requirements of this section shall apply to 
the years 1991 through 1998.

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 
104 Stat. 1654; 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.)

                       References in Text

    Section 1724(a)(3) of this title, referred to in subsec. (c)(5), was 
amended by Pub. L. 106-398, Sec. 1 [[div. A], title VIII, 
Sec. 808(b)(1)(B)], Oct. 30, 2000, 114 Stat. 1654, 1654A-208, and, as so 
amended, no longer contains a subpar. (C).


                               Amendments

    1999--Subsec. (a). Pub. L. 106-65 substituted ``Under Secretary of 
Defense for Acquisition, Technology, and Logistics'' for ``Under 
Secretary of Defense for Acquisition and Technology'' in heading and 
text.
    1993--Subsec. (a). Pub. L. 103-160 substituted ``Under Secretary of 
Defense for Acquisition and Technology'' for ``Under Secretary of 
Defense for Acquisition'' in heading and text.


               Transition Provision for Report Requirement

    Section 1209(j) of Pub. L. 101-510 provided that: ``Each of the 
first three annual reports under section 1762(a) of title 10, United 
States Code (as added by section 1202), shall include as much 
information as is available with respect to requirements imposed under, 
or prescribed pursuant to, chapter 87 of title 10, United States Code 
(as added by such section), that have not taken effect as of the date of 
the report.''

                  Section Referred to in Other Sections

    This section is referred to in section 1761 of this title.
