10 U.S.C. § 1701 — Management policies

Page 1545 TITLE 10—ARMED FORCES § 1701 1 New section 1707 enacted by Pub. L. 116–283 without cor- responding amendment of subchapter analysis. Editorial Notes PRIOR PROVISIONS 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 re- peal 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. AMENDMENTS 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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].’’ CHAPTER 87—DEFENSE ACQUISITION WORKFORCE Subchapter Sec. I. General Authorities and Responsibil- ities .................................................... 1701 II. Acquisition Positions And Acquisition Workforce Career Fields .................... 1721 III. Critical Acquisition Positions ............... 1731 IV. Education and Training ......................... 1741 V. General Management Provisions ........... 1761 Editorial Notes AMENDMENTS 2019—Pub. L. 116–92, div. A, title VIII, § 861(f)(3)(B), (j)(7)(B), Dec. 20, 2019, 133 Stat. 1518, 1519, substituted ‘‘Acquisition Positions And Acquisition Workforce Ca- reer Fields’’ for ‘‘Defense Acquisition Positions’’ in item for subchapter II and ‘‘Critical Acquisition Posi- tions’’ for ‘‘Acquisition Corps’’ in item for subchapter III. 1991—Pub. L. 102–25, title VII, § 704(b)(1), Apr. 6, 1991, 105 Stat. 119, made technical amendment to directory language of Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1638, which enacted this chapter. SUBCHAPTER I—GENERAL AUTHORITIES AND RESPONSIBILITIES Sec. 1701. Management policies. 1701a. Management for acquisition workforce excel- lence. 1701b. Enhanced pay authority for certain acquisi- tion and technology positions. 1702. Under Secretary of Defense for Acquisition and Sustainment: authorities and respon- sibilities. [1703. Repealed.] 1704. Service acquisition executives: authorities and responsibilities. 1705. Department of Defense Acquisition Workforce Development Account. Sec. 1706. Government performance of certain acquisi- tion functions. [1707. Repealed.] 1 Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title X, § 1081(a)(30), title XI, § 1114(b), Jan. 1, 2021, 134 Stat. 3872, 3895, added items 1701b and 1702 and struck out former item 1702 ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities’’. 2019—Pub. L. 116–92, div. A, title X, § 1010(a)(2)(B), Dec. 20, 2019, 133 Stat. 1576, substituted ‘‘Department of Defense Acquisition Workforce Development Account’’ for ‘‘Department of Defense Acquisition Workforce De- velopment Fund’’ in item 1705. 2013—Pub. L. 112–239, div. A, title VIII, § 824(a)(2), Jan. 2, 2013, 126 Stat. 1833, added item 1706. 2011—Pub. L. 111–383, div. A, title VIII, § 871(b), Jan. 7, 2011, 124 Stat. 4300, added item 1701a. 2008—Pub. L. 110–181, div. A, title VIII, § 852(a)(2), Jan. 28, 2008, 122 Stat. 250, added item 1705. 2003—Pub. L. 108–136, div. A, title VIII, § 836(1), Nov. 24, 2003, 117 Stat. 1551, struck out items 1703 ‘‘Director of Acquisition Education, Training, and Career Devel- opment’’, 1705 ‘‘Directors of Acquisition Career Man- agement in the military departments’’, 1706 ‘‘Acquisi- tion career program boards’’, and 1707 ‘‘Personnel in the Office of the Secretary of Defense and in the De- fense Agencies’’. 2001—Pub. L. 107–107, div. A, title X, § 1048(b)(3)(B), Dec. 28, 2001, 115 Stat. 1225, substituted ‘‘Under Sec- retary of Defense for Acquisition, Technology, and Lo- gistics: authorities and responsibilities’’ for ‘‘Under Secretary of Defense for Acquisition and Technology: authorities and responsibilities’’ in item 1702. 1993—Pub. L. 103–160, div. A, title IX, § 904(d)(2), Nov. 30, 1993, 107 Stat. 1728, inserted ‘‘and Technology’’ after ‘‘Acquisition’’ in item 1702. § 1701. Management policies (a) POLICIES AND PROCEDURES.—The Secretary of Defense shall establish policies and proce- dures for the effective management (including accession, education, training, and career devel- opment) of persons serving in acquisition posi- tions in the Department of Defense. (b) UNIFORM IMPLEMENTATION.—The Secretary shall ensure that, to the maximum extent prac- ticable, acquisition workforce policies and pro- cedures 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.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–510, div. A, title XII, § 1211, Nov. 5, 1990, 104 Stat. 1667, provided that: ‘‘Except as otherwise provided in this title [see Short Title note below], this title and the amendments made by this title, including chapter 87 of title 10, United States Code (as added by section 1202), shall take effect on the date of the enactment of this Act [Nov. 5, 1990].’’ SHORT TITLE Pub. L. 101–510, div. A, title XII, § 1201, Nov. 5, 1990, 104 Stat. 1638, provided that: ‘‘This title [enacting this chapter, sections 5379 and 5380 of Title 5, Government Page 1546 TITLE 10—ARMED FORCES § 1701 Organization and Employees, and section 317 of Title 37, Pay and Allowances of the Uniformed Services, amending sections 101 and 2435 of this title and sections 4107, 4301, 5102, 5532, 5724, 5742, 5924, 5942, 8344, and 8468 of Title 5, repealing sections 1621 to 1624 of this title, enacting provisions set out as notes under this section and sections 1621 to 1623, 1705, 1721, 1722, 1724, 1733, 1734, 1746, 1761, 1762, and 2435 of this title, sections 3326, 5380, and 5532 of Title 5, and section 317 of Title 37, and re- pealing provisions set out as a note under section 2304 of this title] may be cited as the ‘Defense Acquisition Workforce Improvement Act’.’’ REGULATIONS Pub. L. 101–510, div. A, title XII, § 1210(a), Nov. 5, 1990, 104 Stat. 1667, provided that: ‘‘Unless otherwise pro- vided in this title [see Short Title note above] and in subsection (b) [set out below], the Secretary of Defense shall promulgate regulations to implement this title and the amendments made by this title not later than one year after the date of the enactment of this Act [Nov. 5, 1990].’’ PRINCIPAL TECHNOLOGY TRANSITION ADVISOR Pub. L. 118–31, div. A, title VIII, § 806, Dec. 22, 2023, 137 Stat. 317, as amended by Pub. L. 118–159, div. A, title VIII, § 838, Dec. 23, 2024, 138 Stat. 1988, provided that: ‘‘(a) DESIGNATION.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], each service acquisition executive of a military department shall designate a Principal Technology Transition Ad- visor who shall advise each Secretary of a military de- partment on the transition of technologies, including technologies from science and technology programs of the Department, private commercial entities, research institutions, and universities, to fulfill identified and potential warfighter requirements for the military de- partment. ‘‘(b) ADVISOR STATUS.—The Principal Technology Transition Advisor of a military department des- ignated under subsection (a) shall be a member of the Senior Executive Service or a general officer and di- rectly report to the service acquisition executive of such military department. ‘‘(c) RESPONSIBILITIES.—The Principal Technology Transition Advisor of a military department des- ignated under subsection (a) shall do the following: ‘‘(1) Identify technologies being researched, devel- oped, tested, or evaluated by science and technology programs of the Department, including Defense re- search facilities (as defined in section 4125(b) of title 10, United States Code), that the military department may use to meet identified and potential warfighter requirements, including technologies for which the Department owns and maintains the intellectual property rights. ‘‘(2) Consult with Department of Defense innova- tion programs to identify technologies from private commercial entities, research institutions, univer- sities, and other entities that the military depart- ment may use to meet identified and potential warfighter requirements. ‘‘(3) Make recommendations to the service acquisi- tion executive of the military department regarding the acquisition of technologies identified under para- graphs (1) and (2) for acquisition decisions at the service acquisition executive level. ‘‘(4) Inform program managers (as defined in sec- tion 1737 of title 10, United States Code) and other relevant acquisition officials of the military depart- ment of relevant technologies identified under para- graphs (1) and (2). ‘‘(5) Develop policies and processes for promoting to small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) and nontradi- tional defense contractors (as defined in section 3014 of title 10, United States Code) opportunities to li- cense intellectual property developed by the Depart- ment, including opportunities and methods for small business concerns and nontraditional defense con- tractors to engage with the Department regarding such licensing. ‘‘(6) Develop and maintain metrics tracking the outcomes of projects and other activities of the mili- tary department for which the military department expended amounts designated as budget activity 3 (Advanced Technology Development), budget activity 4 (Advanced Component Development and Proto- types), and budget activity 5 (System Development and Demonstration), as those budget activity classi- fications are set forth in volume 2B, chapter 5 of the Department of Defense Financial Management Regu- lation (DOD 7000.14-R). ‘‘(d) DARPA DETAILEES AUTHORIZED.— ‘‘(1) AUTHORITY.—The Director of the Defense Ad- vanced Research Projects Agency, upon a request from the Principal Technology Transition Advisor of a military department, may detail personnel of the Agency to such military department for a period not to exceed one year to provide technology transition support for technology of the Agency that is to be ac- quired by such military department. ‘‘(2) EXTENSION.—The Under Secretary of Defense for Research and Engineering may extend a detail under paragraph (1) for a period of not more than 6 additional months. ‘‘(e) CONGRESSIONAL REPORT.—Not later than one year after the designation of the Principal Technology Tran- sition Advisor of a military department under sub- section (a), and annually thereafter, the Principal Technology Transition Advisor of such military depart- ment shall submit to Congress a report on the fol- lowing for the one-year period preceding the submis- sion of the report: ‘‘(1) The activities of the Principal Technology Transition Advisor. ‘‘(2) The outcomes of projects and other activities described in subsection (c)(6), including the metrics described in such subsection. ‘‘(f) DEFINITIONS.—In this section— ‘‘(1) the term ‘Department’ means the Department of Defense; ‘‘(2) the term ‘Department of Defense innovation programs’ means the Defense Innovation Unit of the Department of Defense, AFWERX of the Air Force, and other programs sponsored by the Department of Defense, or any component thereof, with a focus on accelerating the adoption of emerging technologies for mission-relevant applications or innovation; and ‘‘(3) the terms ‘military department’ and ‘service acquisition executive’ have the meanings given such terms in section 101(a) of title 10, United States Code.’’ ACQUISITION WORKFORCE INCENTIVES RELATING TO TRAINING ON, AND AGREEMENTS WITH, CERTAIN START-UP BUSINESSES Pub. L. 117–263, div. A, title VIII, § 834, Dec. 23, 2022, 136 Stat. 2713, provided that: ‘‘(a) TRAINING.— ‘‘(1) CURRICULA.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Director of the Acquisition Innovation Research Cen- ter shall make recommendations on one or more cur- ricula for members of the acquisition workforce on fi- nancing and operations of start-up businesses, which may include the development of new curricula, the modification of existing curricula, or the adoption of curricula from another agency, academia, or the pri- vate sector. ‘‘(2) ELEMENTS.—Courses under curricula rec- ommended under paragraph (1) shall be offered with varying course lengths and level of study. ‘‘(3) INCENTIVES.—The Secretary of Defense shall de- velop a program to offer incentives to a member of the acquisition workforce that completes a cur- riculum developed, modified, or adopted under para- graph (1). ‘‘(4) ADDITIONAL TRAINING MATERIALS.—In recom- mending curricula under paragraph (1), the Director Page 1547 TITLE 10—ARMED FORCES § 1701 of the Acquisition Innovation Research Center shall consider and incorporate appropriate training mate- rials from university, college, trade-school, or pri- vate-sector curricula in business, law, or public pol- icy. ‘‘(b) EXCHANGES.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall es- tablish a pilot program under which the Secretary shall, in accordance with section 1599g of title 10, United States Code, arrange for the temporary as- signment of— ‘‘(A) one or more members of the acquisition workforce to a start-up business; or ‘‘(B) an employee of a start-up business to an of- fice of the Department of Defense. ‘‘(2) PRIORITY.—The Secretary shall prioritize for participation in the pilot program described under paragraph (1)(A) members of the acquisition work- force who have completed a curriculum required under paragraph (1) [probably means par. (1) of sub- sec. (a)]. ‘‘(3) TERMINATION.—The Secretary may not carry out the pilot program authorized by this subsection after the date that is three years after the date of the enactment of this Act. ‘‘(c) CONFERENCES.—The Secretary of Defense shall identify existing conferences sponsored by the Depart- ment of Defense that might be expanded to include op- portunities for sharing knowledge and best practices on software acquisition issues. Such opportunities shall maximize participation between members of the acqui- sition workforce, employees of start-up businesses, and investors in start-up businesses. ‘‘(d) PILOT PROGRAM.— ‘‘(1) ESTABLISHMENT.—Not later than 18 months after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall establish a pilot program to test the feasibility of innovative ap- proaches to negotiating and establishing intellectual property and data rights in agreements with start-up businesses for the procurement of software and soft- ware-embedded systems. ‘‘(2) AUTHORITY.—To the maximum extent prac- ticable, the Secretary shall— ‘‘(A) ensure that a member of the acquisition workforce who has completed a curriculum re- quired under subsection (a) is able to exercise au- thority to apply an approach described in para- graph (1); and ‘‘(B) provide incentives to such member to exer- cise such authority. ‘‘(3) ELEMENTS.—An approach described in para- graph (1) shall include the following: ‘‘(A) Flexible and tailored requirements relating to the acquisition and licensing of intellectual property and data rights in the software and soft- ware-embedded systems to be acquired under the agreement. ‘‘(B) An identification and definition of the tech- nical interoperability standards required for such software and software-embedded systems. ‘‘(C) Flexible mechanisms for access and delivery of code for such software, including documentation of the costs and benefits of each such mechanism. ‘‘(4) TERMINATION.—The Secretary may not carry out the pilot program authorized by this subsection after the date that is 5 years after the date of the en- actment of this Act. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘Acquisition Innovation Research Center’ means the acquisition research organization within a civilian college or university that is de- scribed under section 4142(a) of title 10, United States Code. ‘‘(2) The term ‘acquisition workforce’ has the mean- ing given in section 101 of title 10, United States Code. ‘‘(3) The term ‘start-up business’ means a small business that has been in existence for 5 years or less.’’ CONTINUATION OF PAY Pub. L. 116–283, div. A, title XI, § 1114(c)(2), Jan. 1, 2021, 134 Stat. 3895, provided that: ‘‘The repeal in para- graph (1) [repealing section 1111 of Pub. L. 114–92, for- merly set out as a note below] shall not be interpreted to prohibit the payment of basic pay at rates fixed under such section 1111 before the date of the enact- ment of this Act [Jan. 1, 2021] for positions having terms that continue after that date.’’ EXCHANGE PROGRAM FOR ACQUISITION WORKFORCE EMPLOYEES Pub. L. 115–232, div. A, title VIII, § 884, Aug. 13, 2018, 132 Stat. 1915, provided that: ‘‘(a) PROGRAM AUTHORIZED.—The Secretary of Defense shall establish an exchange program under which the Under Secretary of Defense for Acquisition and Sustainment shall arrange for the temporary assign- ment of civilian personnel in the Department of De- fense acquisition workforce. ‘‘(b) PURPOSES.—The purposes of the exchange pro- gram established pursuant to subsection (a) are— ‘‘(1) to familiarize personnel from the acquisition workforce with the equities, priorities, processes, cul- ture, and workforce of the acquisition-related defense agencies; ‘‘(2) to enable participants in the exchange program to return the expertise gained through their ex- changes to their original organizations; and ‘‘(3) to improve communication between and inte- gration of the organizations that support the policy, implementation, and oversight of defense acquisition through lasting relationships. ‘‘(c) PARTICIPANTS.— ‘‘(1) NUMBER OF PARTICIPANTS.—The Under Sec- retary shall select not less than 10 and no more than 20 participants per year for participation in the ex- change program established under subsection (a). ‘‘(2) CRITERIA FOR SELECTION.—The Under Secretary shall select participants for the exchange program es- tablished under subsection (a) from among mid-ca- reer employees and based on— ‘‘(A) the qualifications and desire to participate in the program of the employee; and ‘‘(B) the technical needs and capacities of the ac- quisition workforce, as applicable. ‘‘(d) TERMS.—Exchanges pursuant to the exchange program established under subsection (a) shall be for terms of one to two years, as determined and nego- tiated by the Under Secretary. The terms may begin and end on a rolling basis. ‘‘(e) GUIDANCE AND IMPLEMENTATION.— ‘‘(1) GUIDANCE.—Not later than 90 days after the date of the enactment of this Act [Aug. 13, 2018], the Under Secretary shall develop and submit to the con- gressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] interim guidance on the form and contours of the exchange program es- tablished under subsection (a). ‘‘(2) IMPLEMENTATION.—Not later than 180 days after the date of the enactment of this Act, the Under Sec- retary shall implement the guidance developed under paragraph (1).’’ PILOT PROGRAM ON TEMPORARY EXCHANGE OF FINANCIAL MANAGEMENT AND ACQUISITION PERSONNEL Pub. L. 114–92, div. A, title XI, § 1110, Nov. 25, 2015, 129 Stat. 1030, as amended by Pub. L. 116–283, div. A, title XVIII, § 1806(e)(3)(A), Jan. 1, 2021, 134 Stat. 4156; Pub. L. 117–286, § 4(c)(19), Dec. 27, 2022, 136 Stat. 4356, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of the temporary assignment of covered employees of the Department of Defense to nontradi- tional defense contractors and of covered employees of such contractors to the Department. ‘‘(b) COVERED EMPLOYEES; NONTRADITIONAL DEFENSE CONTRACTORS.— Page 1548 TITLE 10—ARMED FORCES § 1701 ‘‘(1) COVERED EMPLOYEES.—An employee of the De- partment of Defense or a nontraditional Defense con- tractor is a covered employee for purposes of this sec- tion if the employee— ‘‘(A) works in the field of financial management or in the acquisition field; ‘‘(B) is considered by the Secretary of Defense to be an exceptional employee; and ‘‘(C) is compensated at not less than the GS–11 level (or the equivalent). ‘‘(2) NONTRADITIONAL DEFENSE CONTRACTORS.—For purposes of this section, the term ‘nontraditional de- fense contractor’ has the meaning given that term in section 3014 of title 10, United States Code. ‘‘(c) AGREEMENTS.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall provide for a written agreement among the Depart- ment of Defense, the nontraditional defense con- tractor concerned, and the employee concerned re- garding the terms and conditions of the employee’s assignment under this section. ‘‘(2) ELEMENTS.—An agreement under this sub- section— ‘‘(A) shall require, in the case of an employee of the Department, that upon completion of the as- signment, the employee will serve in the civil serv- ice for a period at least equal to three times the length of the assignment, unless the employee is sooner involuntarily separated from the service of the employee’s agency; and ‘‘(B) shall provide that if the employee of the De- partment or of the contractor (as the case may be) fails to carry out the agreement, or if the employee is voluntarily separated from the service of the em- ployee’s agency before the end of the period stated in the agreement, the employee shall be liable to the United States for payment of all expenses of the assignment unless that failure or voluntary separa- tion was for good and sufficient reason, as deter- mined by the Secretary. ‘‘(3) DEBT TO THE UNITED STATES.—An amount for which an employee is liable under paragraph (2)(B) shall be treated as a debt due the United States. The Secretary may waive, in whole or in part, collection of such a debt based on a determination that the col- lection would be against equity and good conscience and not in the best interests of the United States. ‘‘(d) TERMINATION.—An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the nontraditional de- fense contractor concerned. ‘‘(e) DURATION.—An assignment under this section shall be for a period of not less than three months and not more than one year. ‘‘(f) STATUS OF FEDERAL EMPLOYEES ASSIGNED TO CON- TRACTORS.—An employee of the Department of Defense who is assigned to a nontraditional defense contractor under this section shall be considered, during the pe- riod of assignment, to be on detail to a regular work as- signment in the Department for all purposes. The writ- ten agreement established under subsection (c) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee. ‘‘(g) TERMS AND CONDITIONS FOR PRIVATE SECTOR EM- PLOYEES.—An employee of a nontraditional defense contractor who is assigned to a Department of Defense organization under this section— ‘‘(1) shall continue to receive pay and benefits from the contractor from which such employee is assigned; ‘‘(2) shall be deemed to be an employee of the De- partment of Defense for the purposes of— ‘‘(A) chapter 73 of title 5, United States Code; ‘‘(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code, and any other conflict of interest statute; ‘‘(C) sections 1343, 1344, and 1349(b) of title 31, United States Code; ‘‘(D) chapter 171 and section 1346(b) of title 28, United States Code (popularly known as the Fed- eral Tort Claims Act), and any other Federal tort liability statute; ‘‘(E) chapter 131 of title 5, United States Code; ‘‘(F) chapter 21 of title 41, United States Code; and ‘‘(G) subchapter I of chapter 81 of title 5, United States Code, relating to compensation for work-re- lated injuries; and ‘‘(3) may not have access, while the employee is as- signed to a Department organization, to any trade se- crets or to any other nonpublic information which is of commercial value to the contractor from which such employee is assigned. ‘‘(h) PROHIBITION AGAINST CHARGING CERTAIN COSTS TO FEDERAL GOVERNMENT.—A nontraditional defense contractor may not charge the Department of Defense or any other agency of the Federal Government, as di- rect or indirect costs under a Federal contract, the costs of pay or benefits paid by the contractor to an employee assigned to a Department organization under this section for the period of the assignment. ‘‘(i) CONSIDERATION.—In providing for assignments of employees under this section, the Secretary of Defense shall take into consideration the question of how as- signments might best be used to help meet the needs of the Department of Defense with respect to the training of employees in financial management or in acquisi- tion. ‘‘(j) NUMERICAL LIMITATIONS.— ‘‘(1) DEPARTMENT EMPLOYEES.—The number of em- ployees of the Department of Defense who may be as- signed to nontraditional defense contractors under this section at any given time may not exceed the following: ‘‘(A) Five employees in the field of financial man- agement. ‘‘(B) Five employees in the acquisition field. ‘‘(2) NONTRADITIONAL DEFENSE CONTRACTOR EMPLOY- EES.—The total number of nontraditional defense contractor employees who may be assigned to the De- partment under this section at any given time may not exceed 10 such employees. ‘‘(k) TERMINATION OF AUTHORITY FOR ASSIGNMENTS.— No assignment of an employee may commence under this section after September 30, 2019.’’ PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CERTAIN ACQUISITION AND TECHNOLOGY POSITIONS IN THE DEPARTMENT OF DEFENSE Pub. L. 114–92, div. A, title XI, § 1111, Nov. 25, 2015, 129 Stat. 1032, as amended by Pub. L. 116–92, div. A, title IX, § 902(9), Dec. 20, 2019, 133 Stat. 1543, which authorized a pilot program on enhanced pay authority for certain acquisition and technology positions in the Depart- ment of Defense, was repealed by Pub. L. 116–283, div. A, title XI, § 1114(c)(1), Jan. 1, 2021, 134 Stat. 3895. See Con- tinuation of Pay note above and section 1701b of this title. PILOT PROGRAM ON DIRECT HIRE AUTHORITY FOR VET- ERAN TECHNICAL EXPERTS INTO THE DEFENSE ACQUI- SITION WORKFORCE Pub. L. 114–92, div. A, title XI, § 1112, Nov. 25, 2015, 129 Stat. 1033, provided that: ‘‘(a) PILOT PROGRAM.—The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of appointing qualified veteran candidates to positions described in subsection (b) in the defense acquisition workforce of the military departments without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. The Secretary shall carry out the pilot program in each military de- partment through the service acquisition executive of such military department. ‘‘(b) POSITIONS.—The positions described in this sub- section are scientific, technical, engineering, and mathematics positions, including technicians, within the defense acquisition workforce. ‘‘(c) LIMITATION.—Authority under subsection (a) may not, in any calendar year and with respect to any mili- tary department, be exercised with respect to a number Page 1549 TITLE 10—ARMED FORCES § 1701 of candidates greater than the number equal to 1 per- cent of the total number of positions in the acquisition workforce of that military department that are filled as of the close of the fiscal year last ending before the start of such calendar year. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘employee’ has the meaning given that term in section 2105 of title 5, United States Code. ‘‘(2) The term ‘veteran’ has the meaning given that term in section 101 of title 38, United States Code. ‘‘(e) TERMINATION.— ‘‘(1) IN GENERAL.—The authority to appoint can- didates to positions under the pilot program shall ex- pire on the date that is five years after the date of the enactment of this Act [Nov. 25, 2015]. ‘‘(2) EFFECT ON EXISTING APPOINTMENTS.—The termi- nation by paragraph (1) of the authority in subsection (a) shall not affect any appointment made under that authority before the termination date specified in paragraph (1) in accordance with the terms of such appointment.’’ DIRECT HIRE AUTHORITY FOR TECHNICAL EXPERTS INTO THE DEFENSE ACQUISITION WORKFORCE Pub. L. 114–92, div. A, title XI, § 1113, Nov. 25, 2015, 129 Stat. 1033, provided that: ‘‘(a) AUTHORITY.—Each Secretary of a military de- partment may appoint qualified candidates possessing a scientific or engineering degree to positions described in subsection (b) for that military department without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. ‘‘(b) APPLICABILITY.—Positions described in this sub- section are scientific and engineering positions within the defense acquisition workforce. ‘‘(c) LIMITATION.—Authority under this section may not, in any calendar year and with respect to any mili- tary department, be exercised with respect to a number of candidates greater than the number equal to 5 per- cent of the total number of scientific and engineering positions within the acquisition workforce of that mili- tary department that are filled as of the close of the fiscal year last ending before the start of such calendar year. ‘‘(d) NATURE OF APPOINTMENT.—Any appointment under this section shall be treated as an appointment on a full-time equivalent basis, unless such appoint- ment is made on a term or temporary basis. ‘‘(e) EMPLOYEE DEFINED.—In this section, the term ‘employee’ has the meaning given that term in section 2105 of title 5, United States Code. ‘‘(f) TERMINATION.—The authority to make appoint- ments under this section shall not be available after December 31, 2020.’’ COORDINATION OF HUMAN SYSTEMS INTEGRATION ACTIVITIES RELATED TO ACQUISITION PROGRAMS Pub. L. 110–181, div. A, title II, § 231, Jan. 28, 2008, 122 Stat. 45, as amended by Pub. L. 115–232, div. A, title VIII, § 811(f), Aug. 13, 2018, 132 Stat. 1845; Pub. L. 116–92, div. A, title IX, § 902(10), Dec. 20, 2019, 133 Stat. 1543, pro- vided that: ‘‘The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall coordinate and manage human sys- tems integration activities throughout the acquisition programs of the Department of Defense.’’ REQUIREMENTS FOR SENIOR DEPARTMENT OF DEFENSE OFFICIALS SEEKING EMPLOYMENT WITH DEFENSE CON- TRACTORS Pub. L. 110–181, div. A, title VIII, § 847, Jan. 28, 2008, 122 Stat. 243, as amended by Pub. L. 113–291, div. A, title VIII, § 855, title X, § 1071(b)(2)(C), Dec. 19, 2014, 128 Stat. 3460, 3506; Pub. L. 117–263, div. A, title VIII, § 821, Dec. 23, 2022, 136 Stat. 2709, provided that: ‘‘(a) REQUIREMENT TO SEEK AND OBTAIN WRITTEN OPIN- ION.— ‘‘(1) REQUEST.—An official or former official of the Department of Defense described in subsection (c) who, within two years after leaving service in the De- partment of Defense, expects to receive compensation from a Department of Defense contractor, shall, prior to accepting such compensation, request a written opinion regarding the applicability of post-employ- ment restrictions to activities that the official or former official may undertake on behalf of a con- tractor. ‘‘(2) SUBMISSION OF REQUEST.—A request for a writ- ten opinion under paragraph (1) shall be submitted in writing to an ethics official of the Department of De- fense having responsibility for the organization in which the official or former official serves or served and shall set forth all information relevant to the re- quest, including information relating to government positions held and major duties in those positions, ac- tions taken concerning future employment, positions sought, and future job descriptions, if applicable. ‘‘(3) WRITTEN OPINION.—Not later than 30 days after receiving a request by an official or former official of the Department of Defense described in subsection (c), the appropriate ethics counselor shall provide such official or former official a written opinion re- garding the applicability or inapplicability of post- employment restrictions to activities that the offi- cial or former official may undertake on behalf of a contractor. ‘‘(4) CONTRACTOR REQUIREMENT.—A Department of Defense contractor may not knowingly provide com- pensation to a former Department of Defense official described in subsection (c) within two years after such former official leaves service in the Department of Defense, without first determining that the former official has sought and received (or has not received after 30 days of seeking) a written opinion from the appropriate ethics counselor regarding the applica- bility of post-employment restrictions to the activi- ties that the former official is expected to undertake on behalf of the contractor. ‘‘(5) ADMINISTRATIVE ACTIONS.—In the event that an official or former official of the Department of De- fense described in subsection (c), or a Department of Defense contractor, knowingly fails to comply with the requirements of this subsection, the Secretary of Defense may take any of the administrative actions set forth in section 2105 of title 41, United States Code[,] that the Secretary of Defense determines to be appropriate. ‘‘(b) RECORDKEEPING REQUIREMENT.—Each request for a written opinion made pursuant to this section, and each written opinion provided pursuant to such a re- quest, shall be retained by the Department of Defense in a central database or repository maintained by the General Counsel of the Department for not less than five years beginning on the date on which the written opinion was provided. ‘‘(c) COVERED DEPARTMENT OF DEFENSE OFFICIALS.— An official or former official of the Department of De- fense is covered by the requirements of this section if such official or former official— ‘‘(1) participated personally and substantially in an acquisition as defined in section 131 of title 41, United States Code[,] with a value in excess of $10,000,000 and serves or served— ‘‘(A) in an Executive Schedule position under sub- chapter II of chapter 53 of title 5, United States Code; ‘‘(B) in a position in the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code; or ‘‘(C) in a general or flag officer position com- pensated at a rate of pay for grade O–7 or above under section 201 of title 37, United States Code; or ‘‘(2) serves or served as a program manager, deputy program manager, procuring contracting officer, ad- ministrative contracting officer, source selection au- thority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10,000,000. Page 1550 TITLE 10—ARMED FORCES § 1701a ‘‘(d) DEFINITION.—In this section, the term ‘post-em- ployment restrictions’ includes— ‘‘(1) chapter 21 of title 41, United States Code; ‘‘(2) section 207 of title 18, United States Code; and ‘‘(3) any other statute or regulation restricting the employment or activities of individuals who leave government service in the Department of Defense.’’ GOVERNMENT PERFORMANCE OF CRITICAL ACQUISITION FUNCTIONS Pub. L. 109–364, div. A, title VIII, § 820, Oct. 17, 2006, 120 Stat. 2330, as amended by Pub. L. 111–84, div. A, title VIII, § 805(c), Oct. 28, 2009, 123 Stat. 2403; Pub. L. 112–81, div. A, title VIII, § 835(a), Dec. 31, 2011, 125 Stat. 1507, which related to government performance of critical acquisition functions, was repealed by Pub. L. 112–239, div. A, title VIII, § 824(b), Jan. 2, 2013, 126 Stat. 1833. DEMONSTRATION PROJECT RELATING TO CERTAIN PERSONNEL MANAGEMENT POLICIES AND PROCEDURES Pub. L. 104–106, div. D, title XLIII, § 4308, Feb. 10, 1996, 110 Stat. 669, as amended by Pub. L. 105–85, div. A, title VIII, § 845, Nov. 18, 1997, 111 Stat. 1845; Pub. L. 107–314, div. A, title VIII, § 813(b), Dec. 2, 2002, 116 Stat. 2609; Pub. L. 108–136, div. A, title XI, § 1112, Nov. 24, 2003, 117 Stat. 1634, which encouraged the Secretary of Defense to commence a demonstration project relating to im- proving the personnel management policies or proce- dures that apply to the acquisition workforce of the Department of Defense and supporting personnel, was repealed and restated as section 1762 of this title by Pub. L. 111–383, div. A, title VIII, § 872(a)(1), (b), Jan. 7, 2011, 124 Stat. 4300, 4302. EVALUATION BY COMPTROLLER GENERAL Pub. L. 101–510, div. A, title XII, § 1208, Nov. 5, 1990, 104 Stat. 1665, as amended by Pub. L. 102–25, title VII, § 704(b)(2), Apr. 6, 1991, 105 Stat. 119; Pub. L. 102–484, div. A, title VIII, § 812(g), Oct. 23, 1992, 106 Stat. 2452; Pub. L. 104–106, div. A, title XV, § 1502(c)(4)(A), Feb. 10, 1996, 110 Stat. 507, provided for evaluation by Comptroller Gen- eral of actions taken by Secretary of Defense to carry out requirements of Defense Acquisition Workforce Im- provement Act and submission of annual reports to Congress, prior to repeal by Pub. L. 104–66, title I, § 1031(b)(1), Dec. 21, 1995, 109 Stat. 714. DEADLINES FOR QUALIFICATION REQUIREMENTS Pub. L. 101–510, div. A, title XII, § 1210(b), Nov. 5, 1990, 104 Stat. 1667, provided that: ‘‘Not later than October 1, 1992, the Secretary of Defense shall prescribe regula- tions to implement sections 1723, 1724, and 1732 of title 10, United States Code (as added by section 1202).’’ § 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 acqui- sition workforce— (1) in which excellence and contribution to mission is rewarded; (2) which has the technical expertise and business skills to ensure the Department re- ceives 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 com- plements 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 sub- sections (a) through (d) of section 9902 of title 5, including flexibilities related to perform- ance management and hiring and to training of managers; (2) require managers to develop performance plans for individual members of the acquisi- tion workforce in order to give members an understanding of how their performance con- tributes 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 compensa- tion and appraisal, and how those lessons may be applied within the General Schedule sys- tem; (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 acquisi- tion workforce career field; (5) direct continuing education and training; (6) authorize a member of the acquisition workforce to participate in professional asso- ciations, consistent with the performance plan of such a member in order to provide the mem- ber with the opportunity to gain leadership and management skills; (7) develop appropriate procedures for warn- ings and consequences during performance evaluations for members of the acquisition workforce who consistently fail to meet per- formance standards; (8) take full advantage of the Defense Civil- ian Leadership Program established under sec- tion 1112 of the National Defense Authoriza- tion 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 ex- perts who are skilled acquisition professionals to— (A) serve in leadership positions within the acquisition workforce to strengthen man- agement 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 individ- uals in the acquisition workforce; (10) use the authorities for expedited secu- rity 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 Sec- retary of Defense shall implement a certifi- cation program to provide for a professional cer- tification requirement for all members of the acquisition workforce. Except as provided in paragraph (2), the certification requirement for