Title 10 — Armed Forces
Part II · Chapter 87 — Defense Acquisition Workforce
§ 1722a. Special requirements for military personnel in the acquisition field
Statutory text
Requirement for Policy and Guidance Regarding Military Personnel in Acquisition.—
The Secretary of Defense shall require the Secretary of each military department (with respect to such military department), in collaboration with the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations (with respect to the Army, Navy, Air Force, Marine Corps, and Space Force, respectively), and the Under Secretary of Defense for Acquisition and Sustainment (with respect to the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities) to establish policies and issue guidance to ensure the proper development, assignment, and employment of members of the armed forces in the acquisition field to achieve the objectives of this section as specified in subsection (b).
Objectives.—
Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following:
A single-track career path in the acquisition field that attracts the highest quality officers and enlisted personnel.
A dual-track career path that attracts the highest quality officers and enlisted personnel and allows them to gain experience in and receive credit for a primary career in combat arms and a functional secondary career in the acquisition field in order to more closely align the military operational, requirements, and acquisition workforces of each armed force.
A number of command positions and senior noncommissioned officer positions, including acquisition billets reserved for general officers and flag officers under subsection (c), sufficient to ensure that members of the armed forces have opportunities for promotion and advancement in the acquisition field.
A number of qualified, trained members of the armed forces eligible for and active in the acquisition field sufficient to ensure the optimum management of the acquisition functions of the Department of Defense and the appropriate use of military personnel in contingency contracting.
Reservation of Acquisition Billets for General Officers and Flag Officers.—
The Secretary of Defense shall—
establish for each military department a sufficient number of billets coded or classified for acquisition personnel that are reserved for general officers and flag officers that are needed for the purpose of ensuring the optimum management of the acquisition functions of the Department of Defense; and
ensure that the policies established and guidance issued pursuant to subsection (a) by the Secretary of each military department reserve at least that minimum number of billets and fill the billets with qualified and trained general officers and flag officers who have significant acquisition experience.
The Secretary of Defense shall ensure—
a sufficient number of billets for acquisition personnel who are general officers or flag officers exist within the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities to ensure the optimum management of the acquisition functions of the Department of Defense; and
that the policies established and guidance issued pursuant to subsection (a) by the Secretary reserve within the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities at least that minimum number of billets and fill the billets with qualified and trained general officers and flag officers who have significant acquisition experience.
The Secretary of Defense shall ensure that a portion of the billets referred to in paragraphs (1) and (2) involve command of organizations primarily focused on contracting and are reserved for general officers and flag officers who have significant contracting experience.
Relationship to Limitation on Preference for Military Personnel.—
Any designation or reservation of a position for a member of the armed forces as a result of a policy established or guidance issued pursuant to this section shall be deemed to meet the requirements for an exception under paragraph (2) of section 1722(b) of this title from the limitation in paragraph (1) of such section.
Report.—
Not later than January 1 of each year, the Secretary of each military department shall submit to the Under Secretary of Defense for Acquisition and Sustainment a report describing how the Secretary fulfilled the objectives of this section in the preceding calendar year. The report shall include information on the reservation of acquisition billets for general officers and flag officers within the department concerned.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 · 122 Stat. 4356
Enacted · 10 U.S.C. § 1722a
Added Pub. L. 110–417, [div. A], title VIII, § 834(a)(1), Oct. 14, 2008, 122 Stat. 4535
Source evidence
Code source credit
Added Pub. L. 110–417, [div. A], title VIII, § 834(a)(1), Oct. 14, 2008, 122 Stat. 4535National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 § 842(a) · 129 Stat. 726
Inserted · 10 U.S.C. § 1722a(a)
Pub. L. 114–92, § 842(a), inserted “, in collaboration with the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps (with respect to the Army, Navy, Air Force, and Marine Corps, respectively),” after “military department)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–92, § 842(a), inserted “, in collaboration with the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps (with respect to the Army, Navy, Air Force, and Marine Corps, respectively),” after “military department)”.Enacted provision · exact public law section
(a) Requirement for Chief of Staff Involvement.— Section 1722a(a) of title 10, United States Code, is amended by inserting after “military department)” the following: “, in collaboration with the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps (with respect to the Army, Navy, Air Force, and Marine Corps, respectively),”.National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 § 842(b)(2) · 129 Stat. 726
Inserted · 10 U.S.C. § 1722a(b)(1)
Pub. L. 114–92, § 842(b)(2), inserted “single-track” before “career path”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 114–92, § 842(b)(2), inserted “single-track” before “career path”.Enacted provision · exact public law section
(2) in paragraph (1), by inserting “single-track” before “career path”; andNational Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 § 842(b)(1) · 129 Stat. 726
Added · 10 U.S.C. § 1722a(b)(2)(4)
Pub. L. 114–92, § 842(b)(1), (3), added par. (2)
Redesignated · 10 U.S.C. § 1722a(b)(2)(4)
Pub. L. 114–92, § 842(b)(1), (3), redesignated former pars. (2) and (3) as (3) and (4), respectively
Source evidence
Code amendment note
Subsec. (b)(2) to (4). Pub. L. 114–92, § 842(b)(1), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.Enacted provision · exact public law section
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 div. A title IX § 902(16) · 133 Stat. 1198
Substituted · 10 U.S.C. § 1722a(a); 10 U.S.C. § 1722a(e)
Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”
Source evidence
Code amendment note
Subsecs. (a), (e). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.Enacted provision · exact public law section
(16) Section 1722a of title 10, United States Code, is amended— (A) in subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) in subsection (e), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 924(b)(27)(B) · 134 Stat. 3388
Substituted · 10 U.S.C. § 1722a(a)
Pub. L. 116–283, § 924(b)(27)(B), which directed substitution of “the Under Secretary of Defense for Acquisition and Sustainment” for “the Under Secretary of Defense for Acquisition, Technology, and Logistics”, could not be executed because of the intervening amendment by Pub. L. 116–92. See 2019 Amendment note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 924(b)(27)(B), which directed substitution of “the Under Secretary of Defense for Acquisition and Sustainment” for “the Under Secretary of Defense for Acquisition, Technology, and Logistics”, could not be executed because of the intervening amendment by Pub. L. 116–92. See 2019 Amendment note below.Enacted provision · exact public law section
(B) Clarifying amendment.— Such section 1722a(a) is further amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 924(b)(27)(A) · 134 Stat. 3388
Substituted · 10 U.S.C. § 1722a(a)
Pub. L. 116–283, § 924(b)(27)(A), substituted “, the Commandant of the Marine Corps, and the Chief of Space Operations (with respect to the Army, Navy, Air Force, Marine Corps, and Space Force, respectively)” for “and the Commandant of the Marine Corps (with respect to the Army, Navy, Air Force, and Marine Corps, respectively)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 924(b)(27)(A), substituted “, the Commandant of the Marine Corps, and the Chief of Space Operations (with respect to the Army, Navy, Air Force, Marine Corps, and Space Force, respectively)” for “and the Commandant of the Marine Corps (with respect to the Army, Navy, Air Force, and Marine Corps, respectively)”.Enacted provision · exact public law section
(A) In general.— Section 1722a(a) of such title is amended by striking “and the Commandant of the Marine Corps (with respect to the Army, Navy, Air Force, and Marine Corps, respectively)” and inserting “, the Commandant of the Marine Corps, and the Chief of Space Operations (with respect to the Army, Navy, Air Force, Marine Corps, and Space Force, respectively)”.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 div. A title X § 1081(a)(23) · 135 Stat. 1541
Substituted · 10 U.S.C. § 1722a(a)
Pub. L. 117–81 substituted single comma for double commas after “the Chief of Staff of the Air Force”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–81 substituted single comma for double commas after “the Chief of Staff of the Air Force”.Enacted provision · exact public law section
(23) Section 1722a(a) is amended by striking “,,” and inserting “,”.
8 of 9 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments2015–2021 · 3 rounds
2021
Subsec. (a). Pub. L. 117–81 substituted single comma for double commas after “the Chief of Staff of the Air Force”.
Pub. L. 116–283, § 924(b)(27)(B), which directed substitution of “the Under Secretary of Defense for Acquisition and Sustainment” for “the Under Secretary of Defense for Acquisition, Technology, and Logistics”, could not be executed because of the intervening amendment by Pub. L. 116–92. See 2019 Amendment note below.
Pub. L. 116–283, § 924(b)(27)(A), substituted “, the Commandant of the Marine Corps, and the Chief of Space Operations (with respect to the Army, Navy, Air Force, Marine Corps, and Space Force, respectively)” for “and the Commandant of the Marine Corps (with respect to the Army, Navy, Air Force, and Marine Corps, respectively)”.
2019
Subsecs. (a), (e). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
2015
Subsec. (a). Pub. L. 114–92, § 842(a), inserted “, in collaboration with the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps (with respect to the Army, Navy, Air Force, and Marine Corps, respectively),” after “military department)”.
Subsec. (b)(1). Pub. L. 114–92, § 842(b)(2), inserted “single-track” before “career path”.
Subsec. (b)(2) to (4). Pub. L. 114–92, § 842(b)(1), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Credits
2008–2021 · 5 acts
- 2008Added Pub. L. 110–417, [div. A], title VIII, § 834(a)(1), , 122 Stat. 4535
- 2015amended Pub. L. 114–92, div. A, title VIII, § 842, , 129 Stat. 914
- 2019Pub. L. 116–92, div. A, title IX, § 902(16), , 133 Stat. 1544
- 2021Pub. L. 116–283, div. A, title IX, § 924(b)(27), , 134 Stat. 3825
- 2021Pub. L. 117–81, div. A, title X, § 1081(a)(23), , 135 Stat. 1920.
Show as published
(Added Pub. L. 110–417, [div. A], title VIII, § 834(a)(1), , 122 Stat. 4535; amended Pub. L. 114–92, div. A, title VIII, § 842, , 129 Stat. 914; Pub. L. 116–92, div. A, title IX, § 902(16), , 133 Stat. 1544; Pub. L. 116–283, div. A, title IX, § 924(b)(27), , 134 Stat. 3825; Pub. L. 117–81, div. A, title X, § 1081(a)(23), , 135 Stat. 1920.)