§1722b. Special requirements for civilian employees in the acquisition field

(a) Requirement for Policy and Guidance Regarding Civilian Personnel in Acquisition.-The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish policies and issue guidance to ensure the proper development, assignment, and employment of civilian members of the acquisition workforce to achieve the objectives specified in subsection (b).

(b) Objectives.-Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following:

(1) A career path in the acquisition field that attracts the highest quality civilian personnel, from either within or outside the Federal Government.

(2) A deliberate workforce development strategy that increases attainment of key experiences that contribute to a highly qualified acquisition workforce.

(3) Sufficient opportunities for promotion and advancement in the acquisition field.

(4) A sufficient number of qualified, trained members eligible for and active in the acquisition field to ensure adequate capacity, capability, and effective succession for acquisition functions, including contingency contracting, of the Department of Defense.

(5) A deliberate workforce development strategy that ensures diversity in promotion, advancement, and experiential opportunities commensurate with the general workforce outlined in this section.

(c) Key Work Experiences.-In carrying out subsection (b)(2), the Secretary shall ensure that key work experiences, in the form of multidisciplinary experiences, are developed for each acquisition workforce career field.

(Added Pub. L. 111–383, div. A, title VIII, §873(a)(1), Jan. 7, 2011, 124 Stat. 4302 ; amended Pub. L. 112–239, div. A, title X, §1076(d)(1), Jan. 2, 2013, 126 Stat. 1951 ; Pub. L. 115–91, div. A, title X, §1051(a)(8), Dec. 12, 2017, 131 Stat. 1560 ; Pub. L. 116–92, div. A, title VIII, §861(g)(1), title IX, §902(17), Dec. 20, 2019, 133 Stat. 1518 , 1545.)

Editorial Notes

Amendments

2019-Subsec. (a). Pub. L. 116–92, §902(17), substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".

Subsec. (c). Pub. L. 116–92, §861(g)(1), added subsec. (c).

2017-Subsec. (c). Pub. L. 115–91 struck out subsec. (c) which related to inclusion of information in annual report to Congress required under former section 115b(d) of this title.

2013-Subsec. (c)(3). Pub. L. 112–239, §1076(d)(1)(A), substituted "subsections (b)(1)(A) and (b)(1)(B)" for "subsections (b)(2)(A) and (b)(2)(B)".

Subsec. (c)(4). Pub. L. 112–239, §1076(d)(1)(B), substituted "or 1734(d)" for "1734(d), or 1736(c)".

Statutory Notes and Related Subsidiaries

Restructuring of Performance Evaluation Metrics for the Acquisition Workforce

Pub. L. 119–60, div. A, title VIII, §826, Dec. 18, 2025, 139 Stat. 958 , provided that:

"(a) Establishment of Acquisition Workforce Key Performance Objectives.-Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall implement mandatory key performance objectives (in this section referred to as 'KPOs') for evaluating the performance of civilian members of the acquisition workforce.

"(b) KPO Requirements.-The KPOs implemented under subsection (a) shall-

"(1) include strategic outcome objectives and workforce behavioral objectives for the workforce; and

"(2) be developed in a manner that enables an assessment of the degree of alignment between-

"(A) the objectives of the defense acquisition system established by section 3102 of title 10, United States Code; and

"(B) the prudent and appropriate use by a member of the acquisition workforce of innovative, risk-tolerant practices in achieving those objectives.

"(c) Strategic Outcome Objectives.-The strategic outcome objectives for the acquisition workforce required by subsection (b)(1) shall align with the objectives of the defense acquisition system established pursuant to section 3102 of title 10, United States Code, and shall address strategic acquisition mission areas including-

"(1) the expeditious delivery of capabilities to enhance the operational readiness of the Armed Forces and enable the missions of the Department of Defense;

"(2) enabling and supporting the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threat;

"(3) ensuring supply-chain and industrial-base resilience and surge capabilities to support the contingency and operational plans of the Department of Defense;

"(4) cultivation of a leadership and organizational culture in the defense acquisition system that encourages responsible risk-taking, collaboration, and learning through failure; and

"(5) workforce currency and continuous education, including digital and artificial intelligence literacy and technical proficiency necessary for an individual's job function.

"(d) Workforce Behavioral Objectives.-The workforce behavioral objectives required by subsection (b)(1) shall be designed to develop the critical skills and behaviors of members of the acquisition workforce, including-

"(1) the adoption of innovative acquisition authorities and approaches;

"(2) a preference for commercial products and services and supporting market research of commercial or emerging technologies;

"(3) engagement with end users to incorporate feedback into acquisition decisions and program adjustments;

"(4) the ability to use iterative development cycles and inform program tradeoffs, including discontinuing or terminating the development of capabilities-

"(A) that no longer align with approved capability requirements or priorities; or

"(B) are experiencing significant cost growth, performance or technical deficiencies, or delays in schedule;

"(5) a pursuit of professional development to broaden expertise and assume expanded responsibilities in cross-functional initiatives; and

"(6) the ability to overcome obstacles to prioritize end-user outcomes in acquisition execution.

"(e) Integration With Personnel Systems and Promotion Boards.-The KPOs implemented under subsection (a) shall be integrated into-

"(1) annual performance appraisals for members of the acquisition workforce;

"(2) promotion, bonus, and assignment considerations for acquisition workforce positions; and

"(3) requirements for certification, training, and continuing education under chapter 87 of title 10, United States Code.

"(f) Accelerating Workforce Development and Experience.-Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and the President of the Defense Acquisition University, shall identify and initiate the use of experiential learning platforms, including training simulators or gaming approaches, to accelerate the development of the acquisition workforce on the full range of acquisition situations and the relevant authorities allowed by law.

"(g) Acquisition Workforce Defined.-In this section, the term 'acquisition workforce' has the meaning given such term in section 101 of title 10, United States Code."

Plan for Implementation of Key Work Experiences

Pub. L. 116–92, div. A, title VIII, §861(g)(2), Dec. 20, 2019, 133 Stat. 1518 , provided that: "Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan identifying the specific actions the Secretary has taken, and is planning to take, to develop and establish key work experiences for each acquisition workforce career field as required by subsection (c) of section 1722b of title 10, United States Code (as added by paragraph (1)). The plan shall specify the percentage of the acquisition workforce, or funds available for administration of the acquisition workforce on an annual basis, that the Secretary will dedicate towards developing and establishing such key work experiences."

Enhancements to the Civilian Program Management Workforce

Pub. L. 115–91, div. A, title VIII, §841(a), Dec. 12, 2017, 131 Stat. 1477 , provided that:

"(a) Establishment of Program Manager Development Program.-

"(1) In general.-The Secretary of Defense, in consultation with the Secretaries of the military departments, shall implement a program manager development program to provide for the professional development of high-potential, experienced civilian personnel. Personnel shall be competitively selected for the program based on their potential to become a program manager of a major defense acquisition program, as defined in section 2430 of title 10, United States Code [now 10 U.S.C. 4201]. The program shall be administered and overseen by the Secretary of each military department, acting through the service acquisition executive for the department concerned.

"(2) Plan required.-Not later than one year after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a comprehensive plan to implement the program established under paragraph (1). In developing the plan, the Secretary of Defense shall seek the input of relevant external parties, including professional associations, other government entities, and industry. The plan shall include the following elements:

"(A) An assessment of the minimum level of subject matter experience, education, years of experience, certifications, and other qualifications required to be selected into the program, set forth separately for current Department of Defense employees and for personnel hired into the program from outside the Department of Defense.

"(B) A description of hiring flexibilities to be used to recruit qualified personnel from outside the Department of Defense.

"(C) A description of the extent to which mobility agreements will be required to be signed by personnel selected for the program during their participation in the program and after their completion of the program. The use of mobility agreements shall be applied to help maximize the flexibility of the Department of Defense in assigning personnel, while not inhibiting the participation of the most capable candidates.

"(D) A description of the tenure obligation required of personnel selected for the program.

"(E) A plan for training during the course of the program, including training in leadership, program management, engineering, finance and budgeting, market research, business acumen, contracting, supplier management, requirement setting and tradeoffs, intellectual property matters, and software.

"(F) A description of career paths to be followed by personnel in the program in order to ensure that personnel in the program gain expertise in the program management functional career field competencies identified by the Department in existing guidance and the topics listed in subparagraph (E), including-

"(i) a determination of the types of advanced educational degrees that enhance program management skills and the mechanisms available to the Department of Defense to facilitate the attainment of those degrees by personnel in the program;

"(ii) a determination of required assignments to positions within acquisition programs, including position type and acquisition category of the program office;

"(iii) a determination of required or encouraged rotations to career broadening positions outside of acquisition programs; and

"(iv) a determination of how the program will ensure the opportunity for a required rotation to industry of at least six months to develop an understanding of industry motivation and business acumen, such as by developing an industry exchange program for civilian program managers, similar to the Corporate Fellows Program of the Secretary of Defense.

"(G) A general description of the number of personnel anticipated to be selected into the program, how frequently selections will occur, how long personnel selected into the program will participate in the program, and how personnel will be placed into an assignment at the completion of the program.

"(H) A description of benefits that will be offered under the program using existing human capital flexibilities to retain qualified employees, such as student loan repayments, bonuses, or pay banding.

"(I) An assessment of personnel flexibilities needed to allow the military departments and the Defense Agencies to reassign or remove program managers that do not perform effectively.

"(J) A description of how the program will be administered and overseen by the Secretaries of each military department, acting through the service acquisition executive for the department concerned.

"(K) A description of how the program will be integrated with existing program manager development efforts at each military department.

"(3) Use of defense acquisition workforce development fund.-Amounts in the Department of Defense Acquisition Workforce Development Fund (established under section 1705 of title 10, United States Code) may be used to pay the base salary of personnel in the program established under paragraph (1) during the period of time such personnel are temporarily assigned to a developmental rotation or training program anticipated to last at least six months.

"(4) Implementation.-The program established under paragraph (1) shall be implemented not later than September 30, 2019."