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sible to submit the report required by paragraph (1) within 180 days after the date of receipt of the allegation being investigated, the Inspector General shall provide to the Secretary of Defense (or to the Secretary of Homeland Security in the case of a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy) and to the member making the allegation a notice

(A) of that determination (including the reasons why the report may not be submitted within that time); and

(B) of the time when the report will be submitted. (4) The report on the results of the investigation shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint.

(f) CORRECTION OF RECORDS WHEN PROHIBITED ACTION TAKEN.—(1) A board for the correction of military records acting under section 1552 of this title, in resolving an application for the correction of records made by a member or former member of the armed forces who has alleged a personnel action prohibited by subsection (b), on the request of the member or former member or otherwise, may review the matter.

(2) In resolving an application described in paragraph (1), a correction board

(A) shall review the report of the Inspector General submitted under subsection (e)(1);

(B) may request the Inspector General to gather further evidence; and

(C) may receive oral argument, examine and cross-examine witnesses, take depositions, and, if appropriate, conduct an evidentiary hearing.

(3) If the board elects to hold an administrative hearing, the member or former member who filed the application described in paragaph (1)

(A) may be provided with representation by a judge advocate if

(i) the Inspector General, in the report under subsection (e)(1), finds that there is probable cause to believe that a personnel action prohibited by subsection (b) has been taken (or threatened) against the member with respect to a communication described in subsection (c)(2);

(ii) the Judge Advocate General concerned determines that the case is unusually complex or otherwise requires judge advocate assistance to ensure proper presentation of the legal issues in the case; and

(iii) the member is not represented by outside counsel chosen by the member; and

(B) may examine witnesses through deposition, serve interrogatories, and request the production of evidence, including evidence contained in the investigatory record of the Inspector General but not included in the report submitted under subsection (e)(1).

(4) The Secretary concerned shall issue a final decision with respect to an application described in paragraph (1) within 180 days

after the application is filed. If the Secretary fails to issue such a final decision within that time, the member or former member shall be deemed to have exhausted the member's or former member's administrative remedies under section 1552 of this title.

(5) The Secretary concerned shall order such action, consistent with the limitations contained in sections 1552 and 1553 of this title, as is necessary to correct the record of a personnel action prohibited by subsection (b).

(6) If the Board determines that a personnel action prohibited by subsection (b) has occurred, the Board may recommend to the Secretary concerned that the Secretary take appropriate disciplinary action against the individual who committed such personnel action.

(g) REVIEW BY SECRETARY OF DEFENSE.-Upon the completion of all administrative review under subsection (f), the member or former member of the armed forces (except for a member or former member of the Coast Guard when the Coast Guard is not operating as a service in the Navy) who made the allegation referred to in subsection (c)(1), if not satisfied with the disposition of the matter, may submit the matter to the Secretary of Defense. The Secretary shall make a decision to reverse or uphold the decision of the Secretary of the military department concerned in the matter within 90 days after receipt of such a submittal.

(h) REGULATIONS.—The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations to carry out this section. (i) DEFINITIONS.- In this section:

(1) The term "Member of Congress" includes any Delegate or Resident Commissioner to Congress.

(2) The term “Inspector General” means any of the following:

(A) The Inspector General of the Department of Defense.

(B) The Inspector General of the Department of Homeland Security, in the case of a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy.

(C) Any officer of the armed forces or employee of the Department of Defense who is assigned or detailed to serve as an Inspector General at any level in the Department of Defense.

(3) The term "unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin. (Aug. 10, 1956, ch. 1041, 70A Stat. 80; Oct 19, 1984, P.L. 98–525, § 1405(19), 98 Stat. 2622; revised in its entirety P.L. 100–456, $ 846(a), Sept. 29, 1988, 102 Stat. 2027; P.L. 101–225, $ 202, Dec. 12, 1989, 103 Stat. 1910; P.L. 103-337, $ 531(a)-g), Oct. 5, 1994, 108 Stat. 2756-2758; P.L. 105–261, $933, Oct. 17, 1998, 112 Stat. 2107; P.L. 106–398, $ 1[903), Oct. 30, 2000, 114 Stat. 1654, 1654A-224; P.L. 107–296, $ 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

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CHAPTER 87—DEFENSE ACQUISITION WORKFORCE 1

Subchapter

I. General Authorities and Responsibilities
II. Defense Acquisition Positions
III. Acquisition Corps
IV. Education and Training
V. General Management Provisions

Sec. 1701 1721 1731 1741 1761

SUBCHAPTER I-GENERAL AUTHORITIES AND

RESPONSIBILITIES

Sec. 1701. Management policies. 1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: au

thorities and responsibilities. 1703. Director of Acquisition Education, Training, and Career Development. 1704. Service acquisition executives: authorities and responsibilities. 1705. Directors of Acquisition Career Management in the military departments. 1706. Acquisition career program boards. 1707. Personnel in the Office of the Secretary of Defense and in the Defense

Agencies. $ 1701. Management policies 2

(a) POLICIES AND PROCEDURES.—The Secretary of Defense shall establish policies and procedures for the effective management (including 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, Tech

nology, and Logistics: authorities and responsibil

ities Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics 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. The Under Secretary shall prescribe policies and requirements for the educational programs of the defense acquisition university structure established under section 1746 of this title. (Added P.L. 101-510, $1202(a), Nov. 5, 1990, 104 Stat. 1638–1639; amended P.L. 103-160, $ 904(d), Nov. 30, 1993, 107 Stat. 1728; P.L. 105–261, $ 815, Oct. 17, 1998, 112 Stat. 2088; P.L. 107-107, § 1048(b)(2), (3)(A), Dec. 28, 2001, 115 Stat. 1225.) $ 1703. Director of Acquisition Education, Training, and Ca

1 Section 1209(i) of the Defense Acquisition Workforce Improvement Act (title XII of P.L. 101510) 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 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.

2 For a provision relating to a demonstration project for improving the personnel management policies and procedures that apply with respect to the acquisition workforce of the Department of Defense, see section 4308 of the Clinger-Cohen Act of 1996, set forth beginning on page 913.

reer Development The Under Secretary of Defense for Acquisition, Technology, and Logistics 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; amended P.L. 103–160, $ 904(d), Nov. 30, 1993, 107 Stat. 1728; P.L. 107–107, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.) $ 1704. Service acquisition executives: authorities and re

sponsibilities 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 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, Technology, and Logistics, 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; amended P.L. 103–160, $ 904(d), Nov. 30, 1993, 107 Stat. 1728; P.L. 107–107, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225.)

SUBCHAPTER II—DEFENSE ACQUISITION POSITIONS

Sec.
1721. Designation of acquisition positions.
1722. Career development.
1723. General education, training, and experience requirements.
1724. Contracting positions: qualification requirements.
1725. Office of Personnel Management approval.
§ 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.

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