§1734 — Title 10 Armed Forces | U.S. Code

Summary

Require people in key defense acquisition jobs to stay long enough to keep programs stable. Each military department must assign anyone in a critical acquisition position for at least three years and cannot move them sooner except in certain cases. People must sign a paper agreeing to stay for those three years. For program managers and deputy program managers on major defense projects, the rule ties their time to big program milestones so they must stay at least until the major milestone that comes closest to when they would have served four years. Replacements should arrive before the person leaves when possible. The Secretary of Defense will make rules that define those major milestones and make them part of program baselines and reports. Waivers are allowed only for rare, approved reasons and must be written with an explanation. The Department must encourage rotations after five years (or after a milestone, if that is later) and review assignments at five years. It must use centralized lists so job choices are not based on where people live. A test exchange program must move at least 5 percent of the critical acquisition workforce across services or agencies each year for at least three years. Service acquisition executives make the actual assignments. Major milestone — a clearly definable, measurable event that marks the end of a major phase in a major defense acquisition program.

Title 10, §1734

Armed Forces — Source: USLM XML via OLRC

(a)(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)(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, 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.

(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)(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 4214(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 4351 of this title.

(d)(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)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.

(e)(1)The Secretary of Defense shall establish a policy encouraging the rotation of members of the acquisition workforce 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 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.

(f)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)The Secretary of Defense shall establish, for purposes of broadening the experience of members of the acquisition workforce, a test program in which members of the acquisition workforce 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 workforce in critical acquisition positions shall serve in such exchange assignments each year. The test program shall operate for not less than a period of three years.

(h)The Secretary of each military department, acting through the service acquisition executive for that department, is responsible for making assignments of civilian and military personnel of that military department who are members of the acquisition workforce to critical acquisition positions.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (c)(2). Pub. L. 117–81, § 1702(a)(3), substituted “section 4214(a)” for “section 2435(a)”. Pub. L. 116–283, § 1849(f), formerly § 1849(m), as renumbered and amended by Pub. L. 117–81, § 1701(o)(5)(B), (6)(D), substituted “section 4351” for “section 2432”. 2019—Subsec. (e)(1). Pub. L. 116–92, § 861(j)(10)(A), substituted “of the acquisition workforce” for “of the Acquisition Corps”. Subsec. (g). Pub. L. 116–92, § 861(j)(10)(B), substituted “experience of members of the acquisition workforce” for “experience of members of the Acquisition Corps”, “in which members of the acquisition workforce” for “in which members of the Corps”, and “of the acquisition workforce in critical acquisition positions” for “of the Acquisition Corps”. Subsec. (h). Pub. L. 116–92, § 861(j)(10)(A), substituted “of the acquisition workforce” for “of the Acquisition Corps”. 2003—Subsec. (d)(2). Pub. L. 108–136, § 831(b)(4)(A)(ii), redesignated par. (3) as (2) and struck out at end “The document shall be submitted to the Director of Acquisition Education, Training, and Career Development.” Pub. L. 108–136, § 831(b)(4)(A)(i), struck out par. (2) which read as follows: “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.” Subsec. (d)(3). Pub. L. 108–136, § 831(b)(4)(A)(ii), redesignated par. (3) as (2). Subsec. (e)(1). Pub. L. 108–136, § 833(2), substituted “the Acquisition Corps” for “an Acquisition Corps” Subsec. (e)(2). Pub. L. 108–136, § 831(b)(4)(B), struck out “, by the acquisition career program board of the department concerned,” after “case-by-case basis”. Subsec. (g). Pub. L. 108–136, § 833(3)(A), substituted “the Acquisition Corps, a test program in which members of the Corps” for “each Acquisition Corps, a test program in which members of a Corps”. Pub. L. 108–136, § 832(b)(3), substituted “The Secretary” for “(1) The Secretary” and struck out par. (2) which read as follows: “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.” Subsec. (h). Pub. L. 108–136, § 833(3)(B), substituted “making assignments of civilian and military personnel of that military department who are members of the Acquisition Corps” for “making assignments of civilian and military members of the Acquisition Corps of that military department”. 2001—Subsec. (b)(1)(B). Pub. L. 107–107, § 1048(e)(5)(A), struck out “on and after

October 1, 1991,” before “to the maximum extent practicable”. Subsec. (e)(2). Pub. L. 107–107, § 1048(e)(5)(B), struck out at end “Reviews under this subsection shall be carried out after

October 1, 1995, but may be carried out before that date.” 1996—Subsec. (a)(1). Pub. L. 104–201, § 1074(a)(9)(D)(i), struck out “, on and after

October 1, 1993,” after “provide that”. Subsec. (b)(1)(A). Pub. L. 104–201, § 1074(a)(9)(D)(ii), struck out “, on and after

October 1, 1991,” after “requirement that”. 1992—Subsec. (a)(1). Pub. L. 102–484, § 812(b)(1)(A), inserted before first comma “and paragraph (3)”. Subsec. (a)(3). Pub. L. 102–484, § 812(b)(1)(B), added par. (3). Subsec. (b)(1)(A). Pub. L. 102–484, § 812(b)(2)(A), inserted “(except as provided in paragraph (3))” after “deputy program manager”. Subsec. (b)(3). Pub. L. 102–484, § 812(b)(2)(B), added par. (3). Subsec. (e)(2). Pub. L. 102–484, § 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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by section 1701(o)(5)(B), (6)(D) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. Job Referral System Deadline Pub. L. 101–510, div. A, title XII, § 1209(e), Nov. 5, 1990, 104 Stat. 1666, 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).”

§1734 Career development