1702. 1703. 1704. 1705. 1706. Management policies. Under Secretary of Defense for Acquisition and Technology: authorities Director of Acquisition Education, Training, and Career Development. Directors of Acquisition Career Management in the military departments. 1707. Personnel in the Office of the Secretary of Defense and in the Defense Agencies. § 1701. Management policies (a) POLICIES AND PROCEDURES.-The Secretary of Defense shall establish policies and procedures for the effective management (in 1Section 1208 of the Defense Acquisition Workforce Improvement Act (title XII of P.L. 101510), as amended, provides: SEC. 1208. EVALUATION BY COMPTROLLER GENERAL (a) EVALUATION.-The Comptroller General shall conduct an independent evaluation of the actions taken by the Secretary of Defense to carry out the requirements of this title and the amendments made by this title [title XII of P.L. 101-510). Not later than February 1, 1993, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the evaluation required by this subsection. Such report shall include (1) an analysis of the effectiveness of the actions taken by the Secretary to carry out the requirements of this title and the amendments made by this title; and (2) such legislative and administrative recommendations as the Comptroller General considers appropriate to meet the objectives of this title and the amendments made by this title. (b) ANNUAL REPORTS. (1) For each of the years 1991 through 1998, the Comptroller General shall review the waiver documents submitted to the Director of Acquisition Education, Training, and Career Development under sections 1724(d), 1732(d), and 1734(d) of title 10, United States Code (as added by section 1202). In conducting the review, the Comptroller General shall determine whether waivers were granted in compliance with chapter 87 of such title (as added by section 1202). (2) The Comptroller General shall submit to Congress a report on the results of each review conducted pursuant to paragraph (1). The report shall include a general discussion of the use of the waiver authority provided under chapter 87 of title 10, United States Code (as added by section 1202), and an identification of any instances in which a waiver was not properly granted under such chapter. (3) Each report required by paragraph (2) shall be submitted to the Committees on Armed Services of the Senate and the House of Representatives not later than February 1 of the year following a year for which a review is conducted pursuant to paragraph (1). Section 1209(1) of that Act (104 Stat. 1677) provides: (i) CREDIT FOR EXPERIENCE IN CERTAIN POSITIONS.-For purposes of meeting any requirement under chapter 87 of title 10, United States Code (as added by section 1202), for a period of experience (such as requirements for experience in acquisition positions or in critical acquisition positions) and for purposes of coverage under the exceptions established by section 1724(c)(1) and section 1732(c)(1) of such title, any period of time spent serving in a position later cluding accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense. (b) UNIFORM IMPLEMENTATION.-The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established in accordance with this chapter are uniform in their implementation throughout the Department of Defense. (Added P.L. 101–510, § 1202(a), Nov. 5, 1990, 104 Stat. 1638.) § 1702. Under Secretary of Defense for Acquisition and Technology: authorities and responsibilities Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Technology shall carry out all powers, functions, and duties of the Secretary of Defense with respect to the acquisition workforce in the Department of Defense. The Under Secretary shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented throughout the Department of Defense. (Added P.L. 101–510, § 1202(a), Nov. 5, 1990, 104 Stat. 1638–1639, and amended P.L. 103–160, § 904(d), Nov. 30, 1993, 107 Stat. 1728.) § 1703. Director of Acquisition Education, Training, and Career Development The Under Secretary of Defense for Acquisition and Technology shall appoint a Director of Acquisition Education, Training, and Career Development within the office of the Under Secretary to assist the Under Secretary in the performance of his duties under this chapter. (Added P.L. 101-510, § 1202(a), Nov. 5, 1990, 104 Stat. 1639, and amended P.L. 103-160, § 904(d), Nov. 30, 1993, 107 Stat. 1728.) § 1704. Service acquisition executives: authorities and responsibilities Subject to the authority, direction, and control of the Secretary of the military department concerned, the service acquisition executive for each military department shall carry out all powers, functions, and duties of the Secretary concerned with respect to the acquisition workforce within the military department concerned and shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented in that department. (Added P.L. 101–510, § 1202(a), Nov. 5, 1990, 104 Stat. 1639.) § 1705. Directors of Acquisition Career Management in the military departments There shall be a Director of Acquisition Career Management for each military department within the office of the service acquisition executive to assist the executive in the performance of his duties under this chapter. The Secretary of the Navy, acting designated as an acquisition position or a critical acquisition position under such chapter may be counted as experience in such a position for such purposes. through the service acquisition executive, may appoint separate directors for the Navy and the Marine Corps. (Added P.L. 101–510, § 1202(a), Nov. 5, 1990, 104 Stat. 1639.) § 1706. Acquisition career program boards (a) ESTABLISHMENT.-The Secretary of each military department, acting through the service acquisition executive, shall establish an acquisition career program board to advise the service acquisition executive in managing the accession, training, education, and career development of military and civilian personnel in the acquisition workforce and in selecting individuals for an Acquisition Corps under section 1731 of this title. (b) COMPOSITION OF BOARD.-Each acquisition career program board shall include the Director of Acquisition Career Management (or his representative), the Assistant Secretary with responsibility for manpower (or his representative), and the military and civilian senior officials with responsibility for personnel development in the various acquisition career fields. The service acquisition executive (or his representative) shall be the head of the board. (c) SUBORDINATE BOARDS.-The Secretary of a military department may establish a subordinate board structure in the department to which functions of the acquisition career program board may be delegated. (Added P.L. 101–510, § 1202(a), Nov. 5, 1990, 104 Stat. 1639.) § 1707. Personnel in the Office of the Secretary of Defense and in the Defense Agencies (a) POLICIES.-The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Technology, shall establish and implement, in such manner as the Secretary considers appropriate, policies and procedures for the effective management, including accession, education, training, and career development, of persons serving in acquisition positions in the Office of the Secretary of Defense and the Defense Agencies. Such policies and procedures shall include (1) the establishment of one or more Acquisition Corps with respect to such persons, and (2) the establishment of an acquisition career program board (and any appropriate subordinate board structure) with respect to such persons. The Secretary shall ensure that, to the maximum extent practicable, such policies and procedures are as uniform as practicable with the policies established under this chapter for the military departments. (b) MANAGEMENT.-The Director of Acquisition Education, Training, and Career Development appointed under section 1703 of this title shall serve as the Director of Acquisition Career Management for the Office of the Secretary of Defense and for the Defense Agencies. (Added P.L. 101-510, § 1202(a), Nov. 5, 1990, 104 Stat. 1639, and amended P.L. 103–160, § 904(d), Nov. 30, 1993, 107 Stat. 1728.) Sec. SUBCHAPTER II-DEFENSE ACQUISITION POSITIONS Designation of acquisition positions. 1721. 1722. Career development. 1723. 1724. 1725. General education, training, and experience requirements. § 1721. Designation of acquisition positions (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. (b) REQUIRED POSITIONS.-In designating the positions under subsection (a), the Secretary shall include, at a minimum, all acquisition-related positions in the following areas: (1) Program management. (2) Systems planning, research, development, 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 management, and auditing. (9) Education, training, and career development. (10) Construction. (11) Joint development and production with other government agencies and foreign countries. (c) MANAGEMENT HEADQUARTERS ACTIVITIES.-The Secretary also shall designate as acquisition positions under subsection (a) those acquisition-related positions which are in management headquarters activities and in management headquarters support activities. For purposes of this subsection, the terms "management headquarters activities" and "management headquarters support activities" have the meanings given those terms in Department of Defense Directive 5100.73, entitled "Department of Defense Management Headquarters and Headquarters Support Activities", dated November 25, 1988. (Added P.L. 101-510, §1202(a), Nov. 5, 1990, 104 Stat. 1640, and amended P.L. 102-25, § 701(X1), April 6, 1991, 105 Stat. 116.) § 1722. Career development (a) CAREER PATHS.-The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Technology, 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 consider ation 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 rea son. (B) Not later than December 15 of each year, the Under Secretary of Defense for Acquisition and Technology 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 |