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10 U.S.C. § 1610 (ARMED FORCES)
§ 1610. Reductions and other adjustments in force
(a) In General.—
The Secretary of Defense shall prescribe regulations for the separation of employees in defense intelligence positions, including members of the Defense Intelligence Senior Executive Service and employees in Intelligence Senior Level positions, during a reduction in force or other adjustment in force. The regulations shall apply to such a reduction in force or other adjustment in force notwithstanding sections 3501(b) and 3502 of title 5.
(b) Matters To Be Given Effect.—
The regulations shall give effect to the following:
(1) Tenure of employment.
(2) Military preference, subject to sections 3501(a)(3) and 3502(b) of title 5.
(3) The veteran’s preference under section 3502(b) of title 5.
(4) Performance.
(5) Length of service computed in accordance with the second sentence of section 3502(a) of title 5.
(c) Regulations Relating to Defense Intelligence SES.—
The regulations relating to removal from the Defense Intelligence Senior Executive Service in a reduction in force or other adjustment in force shall be consistent with section 3595(a) of title 5.
(d) Right of Appeal.—
(1) The regulations shall provide a right of appeal regarding a personnel action under the regulations. The appeal shall be determined within the Department of Defense. An appeal determined at the highest level provided in the regulations shall be final and not subject to review outside the Department of Defense. A personnel action covered by the regulations is not subject to any other provision of law that provides appellate rights or procedures.
(2) Notwithstanding paragraph (1), a preference eligible referred to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a personnel action taken against the preference eligible under the regulation determined by the Merit Systems Protection Board instead of having the appeal determined within the Department of Defense. Section 7701 of title 5 shall apply to any such appeal to the Merit Systems Protection Board.
(e) Consultation With OPM.—
Regulations under this section shall be prescribed in consultation with the Director of the Office of Personnel Management.
(Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2749.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of this title.
10 U.S.C. § 1612 (ARMED FORCES)
§ 1612. Merit system principles and civil service protections: applicability
(a) Applicability of Merit System Principles.—
Section 2301 of title 5 shall apply to the exercise of authority under this subchapter (other than sections 1605 and 1611).
(b) Civil Service Protections.—
(1) If, in the case of a position established under authority other than section 1601(a)(1) of this title that is reestablished as an excepted service position under that section, the provisions of law referred to in paragraph (2) applied to the person serving in that position immediately before the position is so reestablished and such provisions of law would not otherwise apply to the person while serving in the position as so reestablished, then such provisions of law shall, subject to paragraph (3), continue to apply to the person with respect to service in that position for as long as the person continues to serve in the position without a break in service.
(2) The provisions of law referred to in paragraph (1) are the following provisions of title 5:
(A) Section 2302, relating to prohibited personnel practices.
(B) Chapter 75, relating to adverse actions.
(3)
(A) Notwithstanding any provision of chapter 75 of title 5, an appeal of an adverse action by an individual employee covered by paragraph (1) shall be determined within the Department of Defense if the employee so elects.
(B) The Secretary of Defense shall prescribe the procedures for initiating and determining appeals of adverse actions pursuant to elections made under subparagraph (A).
(Added Pub. L. 104–201, div. A, title XVI, § 1632(d), Sept. 23, 1996, 110 Stat. 2750.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of this title.
10 U.S.C. § 1613 (ARMED FORCES)
§ 1613. Miscellaneous provisions
(a) Collective Bargaining Agreements.—
Nothing in sections 1601 through 1603 and 1606 through 1610 may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an agency or office that is a successor to an agency or office covered by the agreement before the succession.
(b) Notice to Congress of Regulations.—
The Secretary of Defense shall notify Congress of any regulations prescribed to carry out this subchapter (other than sections 1605 and 1611). Such notice shall be provided by submitting a copy of the regulations to the congressional oversight committees not less than 60 days before such regulations take effect.
(Added Pub. L. 104–201, div. A, title XVI, § 1632(d), Sept. 23, 1996, 110 Stat. 2750; amended Pub. L. 105–85, div. A, title X, § 1073(a)(32), Nov. 18, 1997, 111 Stat. 1902.)
heading: Editorial Notes
heading: Amendments
text: 1997—Subsec. (a). Pub. L. 105–85 substituted “1603” for “1604”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of this title.
10 U.S.C. § 1614 (ARMED FORCES)
§ 1614. Definitions
In this subchapter:
(1) The term “defense intelligence position” means a civilian position as an intelligence officer or intelligence employee of the Department of Defense.
(2) The term “intelligence component of the Department of Defense” means any of the following:
(A) The National Security Agency.
(B) The Defense Intelligence Agency.
(C) The National Geospatial-Intelligence Agency.
(D) Any other component of the Department of Defense that performs intelligence functions and is designated by the Secretary of Defense as an intelligence component of the Department of Defense.
(E) Any successor to a component specified in, or designated pursuant to, this paragraph.
(3) The term “congressional oversight committees” means—
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(4) The term “excepted service” has the meaning given such term in section 2103 of title 5.
(5) The term “preference eligible” has the meaning given such term in section 2108(3) of title 5.
(6) The term “Senior Executive Service position” has the meaning given such term in section 3132(a)(2) of title 5.
(7) The term “collective bargaining agreement” has the meaning given such term in section 7103(8) of title 5.
(Added Pub. L. 104–201, div. A, title XVI, § 1632(d), Sept. 23, 1996, 110 Stat. 2750; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [[div. A], title XI, § 1141(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–319; Pub. L. 108–136, div. A, title IX, § 921(d)(7), Nov. 24, 2003, 117 Stat. 1569.)
heading: Editorial Notes
heading: Amendments
text: 2003—Par. (2)(C). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.
2000—Par. (1). Pub. L. 106–398 substituted “of the Department of Defense” for “of an intelligence component of the Department of Defense or of a military department”.
1999—Par. (3)(B). Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 1593 of this title.
10 U.S.C. § 1622 (ARMED FORCES)
§ 1622. Uniform allowance: civilian employees
(a) The Secretary of Defense may pay an allowance under this section to any civilian employee of the Defense Intelligence Agency who—
(1) is assigned to a Defense Attaché Office outside the United States; and
(2) is required by regulation to wear a prescribed uniform in performance of official duties.
(b) Notwithstanding section 5901(a) of title 5, the amount of any such allowance shall be the greater of the following:
(1) The amount provided for employees of the Department of State assigned to positions outside the United States and required by regulation to wear a prescribed uniform in performance of official duties.
(2) The maximum allowance provided under section 1593(b) of this title.
(c) An allowance paid under this section shall be treated in the same manner as is provided in subsection (c) of section 5901 of title 5 for an allowance paid under that section.
(Added Pub. L. 100–178, title VI, § 601(a), Dec. 2, 1987, 101 Stat. 1015, § 1606; amended Pub. L. 101–189, div. A, title III, § 336(b), Nov. 29, 1989, 103 Stat. 1419; renumbered § 1622, Pub. L. 104–201, div. A, title XVI, § 1632(a)(2), Sept. 23, 1996, 110 Stat. 2745.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1622, added Pub. L. 99–145, title IX, § 924(a)(1), Nov. 8, 1985, 99 Stat. 698; amended Pub. L. 99–500, § 101(c) [title X, § 933], Oct. 18, 1986, 100 Stat. 1783–82, 1783–161; Pub. L. 99–591, § 101(c) [title X, § 933], Oct. 30, 1986, 100 Stat. 3341–82, 3341–161; Pub. L. 99–661, div. A, title IX, formerly title IV, § 933, Nov. 14, 1986, 100 Stat. 3940, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 101–189, div. A, title VIII, § 853(c)(2), Nov. 29, 1989, 103 Stat. 1518, related to education, training, and experience requirements for persons assigned as program managers of major defense acquisition programs, prior to repeal by Pub. L. 101–510, div. A, title XII, § 1207(c)(1), Nov. 5, 1990, 104 Stat. 1665, effective Oct. 1, 1991.
heading: Amendments
text: 1996—Pub. L. 104–201 renumbered section 1606 of this title as this section.
1989—Subsec. (b)(2). Pub. L. 101–189 substituted “The maximum allowance provided under section 1593(b) of this title” for “$360 per year”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1989 Amendment
text: Amendment by Pub. L. 101–189 effective Jan. 1, 1990, see section 336(c) of Pub. L. 101–189, set out as an Effective Date note under section 1593 of this title.
10 U.S.C. § 1623 (ARMED FORCES)
§ 1623. Financial assistance to certain employees in acquisition of critical skills
(a) The Secretary of Defense shall establish an undergraduate training program with respect to civilian employees of the Defense Intelligence Agency that is similar in purpose, conditions, content, and administration to the program which the Secretary of Defense is authorized to establish under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 3614) for civilian employees of the National Security Agency.
(b) Any payments made by the Secretary to carry out the program required to be established by subsection (a) may be made in any fiscal year only to the extent that appropriated funds are available for that purpose.
(Added Pub. L. 101–193, title V, § 507(a)(1), Nov. 30, 1989, 103 Stat. 1709, § 1608; renumbered § 1623, Pub. L. 104–201, div. A, title XVI, § 1632(a)(2), Sept. 23, 1996, 110 Stat. 2745; amended Pub. L. 113–291, div. A, title X, § 1071(c)(9), Dec. 19, 2014, 128 Stat. 3509.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1623, added Pub. L. 99–145, title IX, § 924(a)(1), Nov. 8, 1985, 99 Stat. 698; amended Pub. L. 99–661, div. A, title XIII, § 1343(a)(10), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–26, § 7(j)(4), Apr. 21, 1987, 101 Stat. 283; Pub. L. 101–189, div. A, title VIII, § 853(c)(3), Nov. 29, 1989, 103 Stat. 1519, related to education, training, and experience requirements for general and flag officers assigned to a procurement command, prior to repeal by Pub. L. 101–510, div. A, title XII, § 1207(c)(3), Nov. 5, 1990, 104 Stat. 1665, effective Oct. 1, 1992.
A prior section 1624, added Pub. L. 99–145, title IX, § 924(a)(1), Nov. 8, 1985, 99 Stat. 698, required a training program for quality assurance personnel, prior to repeal by Pub. L. 101–510, div. A, title XII, § 1207(c)(4), Nov. 5, 1990, 104 Stat. 1665; Pub. L. 102–190, div. A, title X, § 1061(a)(26)(C)(i), Dec. 5, 1991, 105 Stat. 1474, effective Oct. 1, 1993.
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–291 substituted “(50 U.S.C. 3614)” for “(50 U.S.C. 402 note)”.
1996—Pub. L. 104–201 renumbered section 1608 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 101–193, title V, § 507(b), Nov. 30, 1989, 103 Stat. 1710, provided that: “Section 1608 [now 1623] of title 10, United States Code, as added by subsection (a), shall take effect on the date of enactment of this Act [Nov. 30, 1989].”
10 U.S.C. § 1745 (ARMED FORCES)
§ 1745. Additional education and training programs available to acquisition personnel
(a) Tuition Reimbursement and Training.—
(1) The Secretary of Defense shall provide for tuition reimbursement and training (including a full-time course of study leading to a degree) for acquisition personnel in the Department of Defense.
(2) For civilian personnel, the reimbursement and training shall be provided under section 4107(b) of title 5 for the purposes described in that section. For purposes of such section 4107(b), there is deemed to be, until September 30, 2010, a shortage of qualified personnel to serve in acquisition positions in the Department of Defense.
(3) In the case of members of the armed forces, the limitation in section 2007(a) of this title shall not apply to tuition reimbursement and training provided for under this subsection.
(b) Repayment of Student Loans.—
The Secretary of Defense may repay all or part of a student loan under section 5379 of title 5 for an employee of the Department of Defense appointed to an acquisition position.
(Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1653; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(15), Feb. 10, 1996, 110 Stat. 511; Pub. L. 106–65, div. A, title IX, § 925(a), Oct. 5, 1999, 113 Stat. 726; Pub. L. 106–398, § 1 [[div. A], title XI, § 1123], Oct. 30, 2000, 114 Stat. 1654, 1654A–317.)
heading: Editorial Notes
heading: Amendments
text: 2000—Subsec. (a)(2). Pub. L. 106–398 substituted “September 30, 2010” for “September 30, 2001”.
1999—Subsec. (a). Pub. L. 106–65 amended heading and text of subsec. (a) generally. Text read as follows: “The Secretary of Defense shall provide for tuition reimbursement and training (including a full-time course of study leading to a degree) under section 4107(b) of title 5 for acquisition personnel in the Department of Defense for the purposes described in that section. For purposes of such section 4107(b), there is deemed to be, until September 30, 2001, a shortage of qualified personnel to serve in acquisition positions in the Department of Defense.”
1996—Subsec. (a). Pub. L. 104–106 substituted “section 4107(b)” for “section 4107(d)” in two places.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1999 Amendment
text: Pub. L. 106–65, div. A, title IX, § 925(b), Oct. 5, 1999, 113 Stat. 726, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to charges for tuition or expenses incurred after the date of the enactment of this Act [Oct. 5, 1999].”
10 U.S.C. § 1747 (ARMED FORCES)
§ 1747. Acquisition fellowship program
(a) Establishment.—
The Secretary of Defense shall establish and carry out an acquisition fellowship program in accordance with this section in order to enhance the ability of the Department of Defense to recruit employees who are highly qualified in fields of acquisition.
(b) Number of Fellowships.—
The Secretary of Defense may designate up to 25 prospective employees of the Department of Defense as acquisition fellows.
(c) Eligibility.—
In order to be eligible for designation as an acquisition fellow, an employee—
(1) must complete at least 2 years of Federal Government service as an employee in an acquisition position in the Department of Defense; and
(2) must be serving in an acquisition position in the Department of Defense that involves the performance of duties likely to result in significant restrictions under law on the employment activities of that employee after leaving Government service.
(d) Two-Year Period of Research and Teaching.—
Under the fellowship program, the Secretary of Defense shall pay designated acquisition fellows to engage in research or teaching for a 2-year period in a field related to Federal Government acquisition policy. Such research or teaching may be conducted in the defense acquisition university structure of the Department of Defense, any other institution of professional education of the Federal Government, or a nonprofit institution of higher education. Each fellow shall be paid at a rate equal to the rate of pay payable for the level of the position in which the fellow served in the Department of Defense before undertaking such research or teaching.
(Added Pub. L. 102–484, div. A, title VIII, § 841(a), Oct. 23, 1992, 106 Stat. 2468, § 2410h; renumbered § 1747, Pub. L. 107–314, div. A, title X, § 1062(a)(10)(A), Dec. 2, 2002, 116 Stat. 2650.)
heading: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–314 renumbered section 2410h of this title as this section.
10 U.S.C. § 1748 (ARMED FORCES)
§ 1748. Fulfillment standards for acquisition workforce training
The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop fulfillment standards, and implement and maintain a program, for purposes of the training requirements of sections 1723, 1724, and 1735 of this title. Such fulfillment standards shall consist of criteria for determining whether an individual has demonstrated competence in the areas that would be taught in the training courses required under those sections. If an individual meets the appropriate fulfillment standard, the applicable training requirement is fulfilled.
(Added Pub. L. 111–383, div. A, title VIII, § 874(b)(1), Jan. 7, 2011, 124 Stat. 4304; amended Pub. L. 116–92, div. A, title IX, § 902(24), Dec. 20, 2019, 133 Stat. 1545.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 105–85, div. A, title VIII, § 853, Nov. 18, 1997, 111 Stat. 1851, which was set out as a note under section 1723 of this title, prior to repeal by Pub. L. 111–383, § 874(b)(4).
heading: Amendments
text: 2019—Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
heading: Statutory Notes and Related Subsidiaries
heading: Deadline for Fulfillment Standards
text: Pub. L. 111–383, div. A, title VIII, § 874(b)(3), Jan. 7, 2011, 124 Stat. 4305, provided that: “The fulfillment standards required under section 1748 of title 10, United States Code, as added by paragraph (1), shall be developed not later than 270 days after the date of the enactment of this Act [Jan. 7, 2011].”
10 U.S.C. § 1761 (ARMED FORCES)
§ 1761. Management information system
(a) In General.—
The Secretary of Defense shall prescribe regulations to ensure that the military departments and Defense Agencies establish a management information system capable of providing standardized information to the Secretary on persons serving in acquisition positions.
(b) Minimum Information.—
The management information system shall, at a minimum, provide for the following:
(1) The collection and retention of information concerning the qualifications, assignments, and tenure of persons in the acquisition workforce.
(2) Any exceptions and waivers granted with respect to the application of qualification, assignment, and tenure policies, procedures, and practices to such persons.
(3) Relative promotion rates for military personnel in the acquisition workforce.
(Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1653; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 108–375, div. A, title X, § 1084(d)(15), Oct. 28, 2004, 118 Stat. 2062.)
heading: Editorial Notes
heading: Amendments
text: 2004—Subsec. (b). Pub. L. 108–375 substituted “provide for the following:” for “provide for—” in introductory provisions, capitalized first letter of first word in pars. (1) to (3), substituted period for semicolon at end in pars. (1) and (2), substituted period for “; and” at end in par. (3), and struck out par. (4) which read as follows: “collection of the information necessary for the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Secretary of Defense to comply with the requirements of section 1762 for the years in which that section is in effect.”
2001—Subsec. (b)(4). Pub. L. 107–107 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.
1993—Subsec. (b)(4). Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.
heading: Statutory Notes and Related Subsidiaries
heading: Establishment of Management Information System
text: Pub. L. 101–510, div. A, title XII, § 1209(k), Nov. 5, 1990, 104 Stat. 1667, required the Secretary of Defense to prescribe in regulations the requirements under this section for the uniform management information system by Oct. 1, 1991, and ensure that the requirements were implemented by Oct. 1, 1992.
10 U.S.C. § 1764 (ARMED FORCES)
§ 1764. Authority to establish different minimum requirements
(a) Authority.—
(1) The Secretary of Defense may prescribe a different minimum number of years of experience, different minimum education qualifications, and different tenure of service qualifications to be required for eligibility for appointment or advancement to an acquisition position referred to in subsection (b) than is required for such position under or pursuant to any provision of this chapter.
(2) Any requirement prescribed under paragraph (1) for a position referred to in any paragraph of subsection (b) shall be applied uniformly to all positions referred to in such paragraph.
(b) Applicability.—
This section applies to the following acquisition positions in the Department of Defense:
(1) Contracting officer, except a position referred to in paragraph (6).
(2) Program executive officer.
(3) Senior contracting official.
(4) Program manager.
(5) Deputy program manager.
(6) A position in the contract contingency force of an armed force that is filled by a member of that armed force.
(c) Definition.—
In this section, the term “contract contingency force”, with respect to an armed force, has the meaning given such term in regulations prescribed by the Secretary concerned.
(Added Pub. L. 108–136, div. A, title VIII, § 835(2), Nov. 24, 2003, 117 Stat. 1551; amended Pub. L. 108–375, div. A, title VIII, § 812(c), Oct. 28, 2004, 118 Stat. 2013.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1764, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1656, related to authority to establish different minimum experience requirements, prior to repeal by Pub. L. 107–107, div. A, title X, § 1048(e)(7)(A), Dec. 28, 2001, 115 Stat. 1227.
heading: Amendments
text: 2004—Subsec. (b)(1). Pub. L. 108–375, § 812(c)(2), substituted “in paragraph (6)” for “in paragraph (5)”.
Subsec. (b)(5), (6). Pub. L. 108–375, § 812(c)(1), added par. (5) and redesignated former par. (5) as (6).