1. U.S. Code
  2. title 10
  3. subtitle A
  4. part II
  5. chapter 87
  6. subchapter I
  7. § 1706

Collapse to view only § 1706. Government performance of certain acquisition functions

§ 1701. Management policies
(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 Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1638.)

CITE AS: 10 USC 1701

§ 1701a. Management for acquisition workforce excellence
(a)Purpose.—The purpose of this chapter is to require the Department of Defense to develop and manage a highly skilled professional acquisition workforce—
(1) in which excellence and contribution to mission is rewarded;
(2) which has the technical expertise and business skills to ensure the Department receives the best value for the expenditure of public resources;
(3) which serves as a model for performance management of employees of the Department; and
(4) which is managed in a manner that complements and reinforces the management of the defense acquisition system pursuant to chapter 205 of this title.
(b)Performance Management.—In order to achieve the purpose set forth in subsection (a), the Secretary of Defense shall—
(1) use the full authorities provided in subsections (a) through (d) of section 9902 of title 5, including flexibilities related to performance management and hiring and to training of managers;
(2) require managers to develop performance plans for individual members of the acquisition workforce in order to give members an understanding of how their performance contributes to their organization’s mission and the success of the defense acquisition system (as defined in section 3001 of this title);
(3) to the extent appropriate, use the lessons learned from the acquisition demonstration project carried out under section 1762 of this title related to contribution-based compensation and appraisal, and how those lessons may be applied within the General Schedule system;
(4) develop and implement a career path, as described in section 1722(a) of this title, for each career field designated by the Secretary under section 1721(a) of this title as an acquisition workforce career field;
(5) direct continuing education and training;
(6) authorize a member of the acquisition workforce to participate in professional associations, consistent with the performance plan of such a member in order to provide the member with the opportunity to gain leadership and management skills;
(7) develop appropriate procedures for warnings and consequences during performance evaluations for members of the acquisition workforce who consistently fail to meet performance standards;
(8) take full advantage of the Defense Civilian Leadership Program established under section 1112 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2496; 10 U.S.C. 1580 note prec.);
(9) use the authorities for highly qualified experts under section 9903 of title 5, to hire experts who are skilled acquisition professionals to—
(A) serve in leadership positions within the acquisition workforce to strengthen management and oversight;
(B) provide mentors to advise individuals within the acquisition workforce on their career paths and opportunities to advance and excel within the acquisition workforce; and
(C) assist with the design of education and training courses and the training of individuals in the acquisition workforce;
(10) use the authorities for expedited security clearance processing pursuant to section 1564 of this title; and
(11) ensure the participation in the public-private talent exchange program established under section 1599g of this title of up to 250 members of the acquisition workforce in each fiscal year.
(c)Professional Certification.—
(1) The Secretary of Defense shall implement a certification program to provide for a professional certification requirement for all members of the acquisition workforce. Except as provided in paragraph (2), the certification requirement for any acquisition workforce career field shall be based on standards developed by a third-party accredited program based on nationally or internationally recognized standards.
(2) If the Secretary determines that, for a particular acquisition workforce career field, a third-party accredited program based on nationally or internationally recognized standards does not exist, the Secretary shall establish the certification requirement for that career field that conforms with the practices of national or international accrediting organizations. The Secretary shall determine the best approach for meeting the certification requirement for any such career field, including by implementing such certification requirement through entities outside the Department of Defense, and may design and implement such certification requirement without regard to section 1746 of this title.
(d)Negotiations.—Any action taken by the Secretary under this section, or to implement this section, shall be subject to the requirements of chapter 71 of title 5.
(e)Regulations.—Any rules or regulations prescribed pursuant to this section shall be deemed an agency rule or regulation under section 7117(a)(2) of title 5, and shall not be deemed a Government-wide rule or regulation under section 7117(a)(1) of such title.
(Added Pub. L. 111–383, div. A, title VIII, § 871(a), Jan. 7, 2011, 124 Stat. 4299; amended Pub. L. 116–92, div. A, title VIII, § 861(a)(1)–(3), (e)(1), Dec. 20, 2019, 133 Stat. 1515, 1517; Pub. L. 116–283, div. A, title X, § 1081(a)(31), title XVIII, §§ 1808(d)(2), 1883(b)(2), Jan. 1, 2021, 134 Stat. 3872, 4160, 4294; Pub. L. 117–263, div. A, title VIII, § 831(a), Dec. 23, 2022, 136 Stat. 2711.)

CITE AS: 10 USC 1701a

§ 1701b. Enhanced pay authority for certain acquisition and technology positions
(a)In General.—The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the Office of the Secretary of Defense and the military departments in attracting and retaining high-quality acquisition and technology experts in positions responsible for managing and developing complex, high-cost, technological acquisition efforts of the Department of Defense.
(b)Approval Required.—The program may be carried out only with approval as follows:
(1) Approval of the Under Secretary of Defense for Acquisition and Sustainment, in the case of positions in the Office of the Secretary of Defense.
(2) Approval of the service acquisition executive of the military department concerned, in the case of positions in a military department.
(c)Positions.—The positions described in this subsection are positions that—
(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and
(2) are critical to the successful accomplishment of an important acquisition or technology development mission.
(d)Rate of Basic Pay.—The pay authority specified in this subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Under Secretary of Defense for Acquisition and Sustainment or the service acquisition executive concerned, as applicable.
(2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of Defense.
(e)Limitations.—
(1)In general.—The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c).
(2)Number of positions.—The authority in subsection (a) may not be used at any one time with respect to—
(A) more than five positions, in total, in Department of Defense Field Activities and Defense Agencies;
(B) more than five positions in the Office of the Secretary of Defense; and
(C) more than five positions in each military department.
(3)Term of positions.—The authority in subsection (a) may be used only for positions having terms less than five years.
(Added Pub. L. 116–283, div. A, title XI, § 1114(a), Jan. 1, 2021, 134 Stat. 3894; amended Pub. L. 117–263, div. A, title VIII, § 831(b), Dec. 23, 2022, 136 Stat. 2711.)

CITE AS: 10 USC 1701b

§ 1702. Under Secretary of Defense for Acquisition and Sustainment: authorities and responsibilities

Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment 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 Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1638; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105–261, div. A, title VIII, § 815, Oct. 17, 1998, 112 Stat. 2088; Pub. L. 107–107, div. A, title X, § 1048(b)(2), (3)(A), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 116–92, div. A, title IX, § 902(11), Dec. 20, 2019, 133 Stat. 1544.)

CITE AS: 10 USC 1702

[§ 1703. Repealed. Pub. L. 108–136, div. A, title VIII, § 831(a), Nov. 24, 2003, 117 Stat. 1549]

CITE AS: 10 USC 1703

§ 1704. Service acquisition executives: authorities and responsibilities

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 Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1639.)

CITE AS: 10 USC 1704

§ 1705. Department of Defense Acquisition Workforce Development Account
(a)Establishment.—The Secretary of Defense shall establish an account to be known as the “Department of Defense Acquisition Workforce Development Account” (in this section referred to as the “Account”) to provide funds, in addition to other funds that may be available, for the recruitment, training, and retention of acquisition personnel of the Department of Defense.
(b)Purpose.—The purpose of the Account is to ensure that the Department of Defense acquisition workforce has the capacity, in both personnel and skills, needed to properly perform its mission, provide appropriate oversight of contractor performance, and ensure that the Department receives the best value for the expenditure of public resources.
(c)Management.—The Account shall be managed by a senior official of the Department of Defense designated by the Under Secretary of Defense for Acquisition and Sustainment for that purpose, from among persons with an extensive background in management relating to acquisition and personnel.
(d)Elements.—The Account shall consist of amounts appropriated to the Account by law.
(e)Availability of Funds.—
(1)In general.—
(A) Subject to the provisions of this subsection, amounts in the Account shall be available to the Secretary of Defense for expenditure, or for transfer to a military department or Defense Agency, for the recruitment, training, and retention of acquisition personnel of the Department of Defense for the purpose of the Account, including for the provision of training and retention incentives to the acquisition workforce of the Department and to develop acquisition tools and methodologies, and undertake research and development activities, leading to acquisition policies and practices that will improve the efficiency and effectiveness of defense acquisition efforts. In the case of temporary members of the acquisition workforce designated pursuant to subsection (g)(2), such funds shall be available only for the limited purpose of providing training in the performance of acquisition-related functions and duties.
(B) Amounts in the Account also may be used to pay salaries of personnel at the Office of the Secretary of Defense, military departments, and Defense Agencies to manage the Account.
(C) Amounts in the Account may be used to pay the expenses of the public-private talent exchange program established under section 1599g of this title.
(2)Prohibition.—Amounts in the Account may not be obligated for any purpose other than purposes described in paragraph (1) or otherwise in accordance with this subsection.
(3)Guidance.—The Under Secretary of Defense for Acquisition and Sustainment, acting through the senior official designated to manage the Account, shall issue guidance for the administration of the Account. Such guidance shall include provisions—
(A) identifying areas of need in the acquisition workforce for which amounts in the Account may be used, including—
(i) changes to the types of skills needed in the acquisition workforce;
(ii) incentives to retain in the acquisition workforce qualified, experienced acquisition workforce personnel; and
(iii) incentives for attracting new, high-quality personnel to the acquisition workforce;
(B) describing the manner and timing for applications for amounts in the Account to be submitted;
(C) describing the evaluation criteria to be used for approving or prioritizing applications for amounts in the Account in any fiscal year;
(D) describing measurable objectives of performance for determining whether amounts in the Account are being used in compliance with this section; and
(E) describing the amount from the Account that may be used to pay salaries of personnel at the Office of the Secretary of Defense, military departments, and Defense Agencies to manage the Account and the circumstances under which such amounts may be used for such purpose.
(4)Limitation on payments to or for contractors.—Amounts in the Account shall not be available for payments to contractors or contractor employees, other than for the purposes of—
(A) providing advanced training to Department of Defense employees;
(B) developing acquisition tools and methodologies and performing research on acquisition policies and best practices that will improve the efficiency and effectiveness of defense acquisition efforts; and
(C) supporting human capital and talent management of the acquisition workforce, including benchmarking studies, assessments, and requirements planning.
(5)Prohibition on payment of base salary of current employees.—Amounts in the Account may not be used to pay the base salary of any person who was an employee of the Department serving in a position in the acquisition workforce as of January 28, 2008, and who has continued in the employment of the Department since such time without a break in such employment of more than a year.
(6)Duration of availability.—Amounts appropriated to the Account pursuant to subsection (d) shall remain available for expenditure for the fiscal year in which appropriated and the succeeding fiscal year.
(f)Expedited Hiring Authority.—For purposes of sections 3304, 5333, and 5753 of title 5, the Secretary of Defense may—
(1) designate any category of positions in the acquisition workforce as positions for which there exists a shortage of candidates or there is a critical hiring need; and
(2) utilize the authorities in such sections to recruit and appoint qualified persons directly to positions so designated.
(g)Acquisition Workforce Defined.—In this section, the term “acquisition workforce” means the following:
(1) Personnel in positions designated under section 1721 of this title as acquisition positions for purposes of this chapter.
(2) Other military personnel or civilian employees of the Department of Defense who—
(A)
(i) contribute significantly to the acquisition process by virtue of their assigned duties; or
(ii) contribute significantly to the acquisition or development of systems relating to cybersecurity; and
(B) are designated as temporary members of the acquisition workforce by the Under Secretary of Defense for Acquisition and Sustainment, or by the senior acquisition executive of a military department, for the limited purpose of receiving training for the performance of acquisition-related functions and duties.
(Added Pub. L. 110–181, div. A, title VIII, § 852(a)(1), Jan. 28, 2008, 122 Stat. 248; amended Pub. L. 110–417, [div. A], title VIII, § 833, Oct. 14, 2008, 122 Stat. 4535; Pub. L. 111–84, div. A, title VIII, §§ 831, 832(a)–(g), Oct. 28, 2009, 123 Stat. 2414, 2415; Pub. L. 112–81, div. A, title VIII, § 804(a), Dec. 31, 2011, 125 Stat. 1486; Pub. L. 112–239, div. A, title VIII, § 803(a), (b), Jan. 2, 2013, 126 Stat. 1825; Pub. L. 114–92, div. A, title VIII, § 841(a), Nov. 25, 2015, 129 Stat. 913; Pub. L. 114–328, div. A, title VIII, § 863(a), (b), title X, § 1081(a)(5), Dec. 23, 2016, 130 Stat. 2302, 2303, 2417; Pub. L. 115–91, div. A, title VIII, §§ 842, 843(a)(1), title X, § 1051(a)(7), title XVI, § 1636, Dec. 12, 2017, 131 Stat. 1479, 1480, 1560, 1741; Pub. L. 116–92, div. A, title VIII, § 863(b), title IX, § 902(13), title X, § 1010(a)(1), (2)(A), (b)–(d), Dec. 20, 2019, 133 Stat. 1522, 1544, 1576; Pub. L. 117–81, div. A, title X, § 1081(a)(22), Dec. 27, 2021, 135 Stat. 1920.)

CITE AS: 10 USC 1705

§ 1706. Government performance of certain acquisition functions
(a)Goal.—It shall be the goal of the Department of Defense and each of the military departments to ensure that, for each major defense acquisition program (as defined in section 4201 of this title), each acquisition program that is estimated by the Secretary of Defense to require an eventual total expenditure greater than the amount described in section 4201(a)(2) of this title, and any other acquisition program identified by the Secretary, each of the following positions is performed by a properly qualified member of the armed forces or full-time employee of the Department of Defense:
(1) Program executive officer.
(2) Deputy program executive officer.
(3) Program manager.
(4) Deputy program manager.
(5) Senior contracting official.
(6) Chief developmental tester.
(7) Program lead product support manager.
(8) Program lead systems engineer.
(9) Program lead cost estimator.
(10) Program lead contracting officer.
(11) Program lead business financial manager.
(12) Program lead production, quality, and manufacturing.
(13) Program lead information technology.
(14) Program lead software.
(b)Plan of Action.—The Secretary of Defense shall develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve the objective established in subsection (a).
(Added Pub. L. 112–239, div. A, title VIII, § 824(a)(1), Jan. 2, 2013, 126 Stat. 1832; amended Pub. L. 116–283, div. A, title VIII, § 812, title XVIII, § 1846(i)(3), Jan. 1, 2021, 134 Stat. 3749, 4252; Pub. L. 116–283, div. A, title XVIII, § 1846(j), as added Pub. L. 117–81, div. A, title XVII, § 1701(b)(15)(C), Dec. 27, 2021, 135 Stat. 2134; Pub. L. 117–81, div. A, title XVII, § 1701(b)(15)(B), Dec. 27, 2021, 135 Stat. 2134.)

CITE AS: 10 USC 1706

§ 1707. Cadre of intellectual property experts
(a)Cadre.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in intellectual property matters. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to acquiring or licensing intellectual property by providing expert advice, assistance, and resources to the acquisition workforce on intellectual property matters, including acquiring or licensing intellectual property.
(b)Leadership Structure.—The Under Secretary—
(1) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and
(2) shall determine the appropriate official to whom members of the cadre shall report.
(c)Duties.—The cadre of experts shall be assigned to a program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or program executive officer on intellectual property matters at various stages of the life cycle of a system. In performing such duties, the experts shall—
(1) interpret and provide counsel on laws, regulations, and policies relating to intellectual property;
(2) advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a system;
(3) conduct or assist with financial analysis and valuation of intellectual property;
(4) assist in the drafting of a solicitation, contract, or other transaction;
(5) interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards; and
(6) conduct or assist with mediation if technical data delivered pursuant to a contract is incomplete or does not comply with the terms of agreements.
(d)Administration.—
(1) In order to achieve the purpose set forth in subsection (a), the Under Secretary shall ensure the cadre has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under subsection (b), including in relevant areas of law, contracting, acquisition, logistics, engineering, financial analysis, and valuation. The Under Secretary, in coordination with the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing authorities to staff the cadre, including those in paragraphs (2), (3), (4), and (6).
(2) Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre, upon request of the Director.
(3) The Under Secretary may use the authorities for highly qualified experts under section 9903 of title 5, to hire experts as members of the cadre who are skilled professionals in intellectual property and related matters.
(4) The Under Secretary may enter into a contract with a private-sector entity for specialized expertise to support the cadre. Such entity may be considered a covered Government support contractor, as defined in section 3775(a) of this title.
(5) In establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense, rather than members of the armed forces, to maintain continuity in the cadre.
(6) The Under Secretary is authorized to use amounts in the Defense Acquisition Workforce Development Fund for the purpose of recruitment, training, and retention of the cadre, including paying salaries of newly hired members of the cadre for up to three years.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1877, Jan. 1, 2021, 134 Stat. 4291.)

CITE AS: 10 USC 1707