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10 U.S.C. § 1705 — Department of Defense Acquisition Workforce Development Account
Federal law — U.S. Code and appendices · legal_authorities
**(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 a
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Source location: Title 10, Chapter 87, § 1705; chapter-087-defense-acquisition-workforce.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1599g&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1721&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assignment Authority.—** Under regulations prescribed by the Secretary of Defense, the Secretary may, with the agreement of a private-sector organization and the consent of the employee, arrange for the temporary assignment of an employee to such private-sector organization, or from such private-sector organization to a Department of Defense organization under this section.
**(b) Agreements.—**
(1) The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private-sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement—
(A) shall require that the employee of the Department of Defense, upon completion of the assignment, will serve in the Department of Defense, or elsewhere in the civil service if approved by the Secretary, for a period equal to twice the length of the assignment;
(B) shall provide that if the employee of the Department of Defense or of the private-sector organization (as the case may be) fails to carry out the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary of Defense; and
(C) shall contain language ensuring that such employee of the Department does not improperly use information that such employee knows relates to a Department acquisition or procurement for the benefit or advantage of the private-sector organization.
(2) An amount for which an employee is liable under paragraph (1) shall be treated as a debt due the United States.
(3) The Secretary may waive, in whole or in part, collection of a debt described in paragraph (2) based on a determination that the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1599g
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Federal law — U.S. Code and appendices · legal_authorities
**(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. The Secretary shall also designate in regulations those career fields in the Department of Defense that are acquisition workforce career fields 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.
(2) Systems planning, research, development, engineering, and testing.
(3) Procurement, including contracting.
(4) Industrial property management.
(5) Logistics.
(6) Quality control and assurance.
(7) Manufacturing and production.
(8) Business, cost estimating, financial management, and auditing.
(9) Education, training, and career development.
(10) Construction.
(11) Security cooperation.
(12) Intellectual property.
(13) Other positions, as necessary.
**(c) Management Headquarters Activities.—** The Secretary also shall designate as acquisition positions under subsection (a) those acquisition-related positions which are in management headquarters activities and in management headquarters support activities. For purposes of this subsection, the terms “management headquarters activities” and “management headquarters support activities” have the meanings given those terms in Department of Defense Directive 5100.73, entitled “Department of Defense Management Headquarters and Headquarters Support Activities”, dated November 12, 1996.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1721
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1722b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition University Structure.—** The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and maintain a defense acquisition university structure to provide for—
(1) the professional educational development and training of the acquisition workforce; and
(2) research and analysis of defense acquisition policy issues from an academic perspective.
**(b) Civilian Faculty Members.—**
(1) The Secretary of Defense may employ as many civilians as professors, instructors, and lecturers in the defense acquisition university structure as the Secretary considers necessary.
(2) The Secretary of Defense shall ensure the defense acquisition university structure includes relevant expert lecturers from extramural institutions (as defined in [section 1746a(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1746a/g&num=0&edition=prelim)), industry, or federally funded research and development centers to advance acquisition workforce competence regarding commercial business interests, acquisition process-related innovations, and other relevant leading practices of the private sector.
(3) The compensation of persons employed under this subsection shall be as prescribed by the Secretary.
(4) In this subsection, the term “defense acquisition university” includes the Defense Systems Management College.
**(c) Curriculum Development.—** The President of the Defense Acquisition University shall work with the relevant professional schools and degree-granting institutions of the Department of Defense and military departments, and with extramural institutions (as defined in [section 1746a(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1746
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to—
(1) facilitate the engagement of relevant experts, including with the acquisition research activities established under [section 4142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4142&num=0&edition=prelim), with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense;
(2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce;
(3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking;
(4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce;
(5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and
(6) support and enhance the capabilities of the faculty of th
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1746a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In establishing the program, the Secretary of Defense shall determine the following:
(1) A methodology to identify and target critical skills gaps in Department of Defense occupations relating to acquisition, science, engineering, or other civilian occupations determined by the Secretary of Defense.
(2) A mechanism to track and report the success of the program in eliminating any critical skills gaps identified under paragraph (1).
(3) Criteria for an accredited civilian educational institution to participate in the program.
(4) The eligibility of a student to become a member of the program.
(5) Criteria required for a member of the program to receive financial assistance from the Department of Defense.
(6) The term of service as an employee of the Department of Defense required for a member of the program to receive such financial assistance.
(7) Criteria required for a member of the program to be released from a term of service.
(8) The method by which a successful graduate of the program may gain immediate employment in the Department of Defense, in accordance with subsection (b).
(9) Resources required for implementation of the program.
**(b) Hiring Authority.—**
(1) **Members.—** — The head of an element of the Department of Defense that partners with an institution participating in the program may, without regard to the provisions of subchapter I of chapter 33 of title 5, appoint a member of the program to a position in such element for a term of one year.
(2) **Graduates.—**
(A) *In general.—* — The head of an element described in paragraph (1) may—
(i) renew the appointment 1 a successful graduate of the program serving a one-year term under such paragraph until such graduate is appointed to a permanent position in such e
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2200h
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The terms “appropriate congressional committees” and “appropriate committees of Congress” mean—
(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(2) The term “defense article” has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403&num=0&edition=prelim)).
(3) The term “defense service” has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403&num=0&edition=prelim)).
(4) The term “developing country” has the meaning prescribed by the Secretary of Defense for purposes of this chapter in accordance with section 1241(n) of the National Defense Authorization Act for Fiscal Year 2017.
(5) The term “incremental expenses”, with respect to a foreign country—
(A) means the reasonable and proper costs of rations, fuel, training ammunition, transportation, and other goods and services consumed by the country as a direct result of the country’s participation in activities authorized by this chapter; and
(B) does not include—
(i) any form of lethal assistance (excluding training ammunition); or
(ii) pay, allowances, and other normal costs of the personnel of the country.
(6) The term “national security forces”, in the case of a foreign country, means the following:
(A) National military and national-level security forces of the foreign country that have the functional
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations.—** The Secretary of Defense shall prescribe regulations governing the payment by the Department of Defense of expenses incurred by contractors for bid and proposal costs. Such regulations shall provide that expenses incurred for bid and proposal costs shall be reported independently from other allowable indirect costs.
**(b) Costs Allowable as Indirect Expenses.—** The regulations prescribed under subsection (a) shall provide that bid and proposal costs shall be allowable as indirect expenses on covered contracts, as defined in [section 3741 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3741&num=0&edition=prelim), to the extent that those costs are allocable, reasonable, and not otherwise unallowable by law or under the Federal Acquisition Regulation.
**(c) Goal for Reimbursable Bid and Proposal Costs.—** The Secretary shall establish a goal each fiscal year limiting the amount of reimbursable bid and proposal costs paid by the Department of Defense to an amount equal to not more than one percent of the total aggregate industry sales to the Department of Defense. To achieve such goal, the Secretary may not limit the payment of allowable bid and proposal costs for the covered year.
**(d) Panel.—**
(1) If the Department of Defense exceeds the goal established under subsection (c) for a fiscal year, within 180 days after exceeding the goal, the Secretary shall establish an advisory panel. The panel shall be supported by the Defense Acquisition University and the National Defense University, including administrative support.
(2) The panel shall be composed of nine individuals who are recognized experts in acquisition and procurement policy appointed by the Secretary. In making such appointments, the Secret
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3763
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Federal law — U.S. Code and appendices · legal_authorities
Page 1553
TITLE 10—ARMED FORCES
§ 1705
‘‘(3) Issues of acquisition policy, including the
length of the acquisition cycle.
‘‘(4) Issues of testing policy and ensuring that weap-
on systems perform properly in combat situations.
‘‘(5) Issues of procurement policy, including the im-
pact of socio-economic requirements.
‘‘(6) Issues relating to compliance with environ-
mental requirements.’’
[§ 1703. Repealed. Pub. L. 108–136, div. A, title
VIII, § 831(a), Nov. 24, 2003, 117 Stat. 1549]
Section, added Pub. L. 101–510, div. A, title XII,
§ 1202(a), Nov. 5, 1990, 104 Stat. 1639; 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, related to Director of Acqui-
sition Education, Training, and Career Development.
§ 1704. Service acquisition executives: authorities
and responsibilities
Subject to the authority, direction, and con-
trol 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 work-
force within the military department concerned
and shall ensure that the policies of the Sec-
retary of Defense established in accordance with
this chapter are implemented in that depart-
ment.
(Added Pub. L. 101–510, div. A, title XII, § 1202(a),
Nov. 5, 1990, 104 Stat. 1639.)
§ 1705. Department of Defense Acquisition Work-
force 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 addi-
t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1705
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.