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10 U.S.C. § 1701a — Management for acquisition workforce excellence
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9902&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim));
(3) to the extent appropriate, use the lessons learned from the acquisition demonstration project carried out under [section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1762&num=0&edition=prelim) related to contribution-based compensation and appraisal, and how those lessons may be ap
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Stable record: federal_law:legal_authorities:record_usc_e5750b11f0d710cd2c92365c
Source file: Laws/federal/codes/united-states-code/title-10/section-1701a-management-for-acquisition-workforce-excellence--1fae46008d.md
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Source location: Title 10, Chapter 87, § 1701a; chapter-087-defense-acquisition-workforce.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9902&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim));
(3) to the extent appropriate, use the lessons learned from the acquisition demonstration project carried out under [section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1762&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1722/a&num=0&edition=prelim), for each career field designated by the Secretary under [section 1721(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1721/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1580&num=0&edition=prelim) note prec.);
(9) use the authorities for highly qualified experts under [section 9903 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9903&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1564&num=0&edition=prelim); and
(11) ensure the participation in 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1746&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7117/a/2&num=0&edition=prelim), and shall not be deemed a Government-wide rule or regulation under section 7117(a)(1) of such title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The President of the Defense Acquisition University shall establish two programs to provide awards to recognize members of the acquisition workforce as follows:
(1) An award of not more than $5,000 to such members who use an iterative writing process to document a first-hand account of using independent judgment to overcome an obstacle the member faced while working within the defense acquisition system (as defined in [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim)).
(2) An award of not more than $5,000 to such members who make the best use of the flexibilities and authorities granted by the Federal Acquisition Regulation and Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System).
**(b) Number of Awards.—**
(1) **In general.—** — The President of the Defense Acquisition University may make not more than five awards under subsection (a)(1) and one award under subsection (a)(2) each year.
(2) **Limitation.—** — A member of the acquisition workforce may receive one award each year.
**(c) Requirements for Writing Award.—**
(1) **Submission required.—** — A member of the acquisition workforce desiring an award under subsection (a)(1) shall submit to the President of the Defense Acquisition University the first-hand account described in such subsection. Such first-hand account shall demonstrate—
(A) an original and engaging idea documenting the use of independent judgment to overcome an obstacle the recipient faced while working within the defense acquisition system; and
(B) the use of an iterative writing process, including evidence of—
(i) critical thinking;
(ii) incorporation of feedback from diverse perspective
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1743
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section was also transferred or copied in large part to [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim) by Pub. L. 116–283, § 1806(a)(2)–(4).
#### Prior Provisions
A prior section 2545 was renumbered [section 2555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2555&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2545
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Commencement.—** The Secretary of Defense is authorized to carry out a demonstration project, the purpose of which is to determine the feasibility or desirability of one or more proposals for improving the personnel management policies or procedures that apply with respect to the acquisition workforce of the Department of Defense and supporting personnel assigned to work directly with the acquisition workforce.
**(b) Terms and Conditions.—**
(1) Except as otherwise provided in this subsection, any demonstration project described in subsection (a) shall be subject to [section 4703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) and all other provisions of such title that apply with respect to any demonstration project under such section.
(2) Subject to paragraph (3), in applying [section 4703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) with respect to a demonstration project described in subsection (a)—
(A) “180 days” in subsection (b)(4) of such section shall be deemed to read “120 days”;
(B) “90 days” in subsection (b)(6) of such section shall be deemed to read “30 days”; and
(C) subsection (d)(1) of such section shall be disregarded.
(3) Paragraph (2) shall not apply with respect to a demonstration project unless—
(A) for each organization or team participating in the demonstration project—
(i) at least one-third of the workforce participating in the demonstration project consists of members of the acquisition workforce; and
(ii) at least two-thirds of the workforce participating in the demonstration project consists of members of the acquisition workforce and supporting personnel assigned to work direc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1762
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria for Designation.—** The Secretary of Defense or the Secretary of the military department concerned may designate as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of whose position meet all of the following criteria:
(1) It is the duty of the employee to provide immediate and continuing support for combat operations or to support maintenance and repair of combat essential systems of the armed forces.
(2) It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed forces, from the zone in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.
(3) It is impracticable to convert the employee’s position to a position authorized to be filled by a member of the armed forces because of a necessity for that duty to be performed without interruption.
**(b) Eligibility of Employees of Nonappropriated Fund Instrumentalities.—** A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a).
**(c) Definitions.—** In this section:
(1) The term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.
(2) The term “nonappropriated fund instrumentality employee” has the meaning given that term in [section 1587(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1587/a/1&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1580
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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) In General.—** The Secretary may carry out a program using the authority provided in subsection (b) in order to attract highly qualified experts in needed occupations, as determined by the Secretary.
**(b) Authority.—** Under the program, the Secretary may—
(1) appoint personnel from outside the civil service and uniformed services (as such terms are defined in section 2101) to positions in the Department of Defense without regard to any provision of this title governing the appointment of employees to positions in the Department of Defense;
(2) prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376, as increased by locality-based comparability payments under section 5304, notwithstanding any provision of this title governing the rates of pay or classification of employees in the executive branch; and
(3) pay any employee appointed under paragraph (1) payments in addition to basic pay within the limits applicable to the employee under subsection (d).
**(c) Limitation on Term of Appointment.—**
(1) Except as provided in paragraph (2), the service of an employee under an appointment made pursuant to this section may not exceed 5 years.
(2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by up to 1 additional year if the Secretary determines that such action is necessary to promote the Department of Defense’s national security missions.
**(d) Limitations on Additional Payments.—**
(1) The total amount of the additional payments paid to an employee under this section for any 12-month period may not exceed the lesser of the followi
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9903
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Expedited Process.—** The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for—
(1) Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; and
(2) any individual who—
(A) submits an application for a position as an employee of the Department of Defense for which—
(i) the individual is qualified; and
(ii) a security clearance is required; and
(B) is—
(i) a member of the armed forces who was retired or separated, or is expected to be retired or separated, for physical disability pursuant to chapter 61 of this title;
(ii) the spouse of a member of the armed forces who retires or is separated, after January 7, 2011, for a physical disability as a result of a wound, injuries or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned); or
(iii) the spouse of a member of the armed forces who dies, after January 7, 2011, as a result of a wound, injury, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned).
**(b) Required Features.—** The process developed under subsection (a) shall provide for the following:
(1) Quantification of the requirements for background investigations necessary for grants of security clearances for Department of Defense personnel and Department of Defense contractor personnel.
(2) Categorization of personnel on the basis of the degree of sensitivity of their duties and the extent to which those duties are critical to the national security.
(3) Prioritization of the processing of background investigations on the basis of the catego
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1564
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Performance Management and Workforce Incentives.—**
(1) The Secretary, in coordination with the Director, shall promulgate regulations providing for the following:
(A) A fair, credible, and transparent performance appraisal system for employees.
(B) A fair, credible, and transparent system for linking employee bonuses and other performance-based actions to performance appraisals of employees.
(C) A process for ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the appraisal period and setting timetables for review.
(D) Development of attractive career paths.
(E) Development of “performance assistance plans” that are designed to give employees formal training, on-the-job training, counseling, mentoring, and other assistance.
(2) In developing the regulations required by this subsection, the Secretary, in coordination with the Director, may waive the requirements of chapter 43 (other than sections 4302 and 4303(e)) and the regulations implementing such chapter, to the extent necessary to achieve the objectives of this subsection.
(3)
(A) The Secretary may establish a fund, to be known as the “Department of Defense Civilian Workforce Incentive Fund” (in this paragraph referred to as the “Fund”).
(B) The Fund shall consist of the following:
(i) Amounts appropriated to the Fund.
(ii) Amounts available for compensation of employees that are transferred to the Fund.
(C) Amounts in the Fund shall be available for the following:
(i) Incentive payments for employees based on team or individual performance (which payments shall be in addition to basic pay).
(ii) Incentive payments to attract or retain employees with particular or superior qualifications or abilities.
(D) T
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9902
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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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