10 U.S.C. § 1706 — Government performance of certain ac-

Page 1556 TITLE 10—ARMED FORCES § 1706 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. A, title X, § 1010(e), Dec. 20, 2019, 133 Stat. 1576, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section] shall take effect on Octo- ber 1, 2019, and shall apply with respect to fiscal years that begin on or after that date. ‘‘(2) DURATION OF AVAILABILITY OF PREVIOUSLY DEPOS- ITED FUNDS.—Nothing in the amendments made by this section shall modify the duration of availability of amounts in the Department of Defense Acquisition Workforce Development Fund that were appropriated or credited to, or deposited, in the Fund, before October 1, 2019, as provided for in section 1705(e)(6) of title 10, United States Code, as in effect on the day before such date.’’ EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–81, div. A, title VIII, § 804(b), Dec. 31, 2011, 125 Stat. 1486, provided that: ‘‘Paragraph (6) of such sec- tion [10 U.S.C. 1705(e)(6)], as amended by subsection (a), shall not apply to funds directly appropriated to the Fund before the date of the enactment of this Act [Dec. 31, 2011].’’ EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. A, title VIII, § 832(h), Oct. 28, 2009, 123 Stat. 2416, provided that: ‘‘(1) FUNDING AMENDMENTS.—The amendments made by subsections (a) through (c) [amending this section] shall take effect as of October 1, 2009. ‘‘(2) TECHNICAL AMENDMENTS.—The amendments made by subsections (f) and (g) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 28, 2009].’’ EFFECTIVE DATE Pub. L. 110–181, div. A, title VIII, § 852(b), Jan. 28, 2008, 122 Stat. 250, provided that: ‘‘Section 1705 of title 10, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Jan. 28, 2008].’’ GUIDANCE Pub. L. 115–91, div. A, title VIII, § 843(a)(2), Dec. 12, 2017, 131 Stat. 1480, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall issue, and sub- mit to the congressional defense committees [Commit- tees on Armed Services and Appropriations of the Sen- ate and the House of Representatives], the policy guid- ance required by subparagraph (E) of section 1705(e)(3) of title 10, United States Code, as added by paragraph (1).’’ PLAN REQUIRED FOR TEMPORARY MEMBERS OF DEFENSE ACQUISITION WORKFORCE Pub. L. 112–239, div. A, title VIII, § 803(c), Jan. 2, 2013, 126 Stat. 1825, as amended by Pub. L. 116–92, div. A, title IX, § 902(14), Dec. 20, 2019, 133 Stat. 1544, provided that: ‘‘Not later than 180 days after the date of the enact- ment of this Act [Jan. 2, 2013], the Under Secretary of Defense for Acquisition and Sustainment shall develop a plan for the implementation of the authority pro- vided by the amendments made by subsection (a) [amending this section] with regard to temporary members of the defense acquisition workforce. The plan shall include policy, criteria, and processes for desig- nating temporary members and appropriate safeguards to prevent the abuse of such authority.’’ § 1706. Government performance of certain ac- quisition functions (a) GOAL.—It shall be the goal of the Depart- ment of Defense and each of the military depart- ments to ensure that, for each major defense ac- quisition program (as defined in section 4201 of this title), each acquisition program that is esti- mated by the Secretary of Defense to require an eventual total expenditure greater than the amount described in section 4201(a)(2) of this title, and any other acquisition program identi- fied by the Secretary, each of the following posi- tions is performed by a properly qualified mem- ber of the armed forces or full-time employee of the Department of Defense: (1) Program executive officer. (2) Deputy program executive officer. (3) Program manager. (4) Deputy program manager. (5) Senior contracting official. (6) Chief developmental tester. (7) Program lead product support manager. (8) Program lead systems engineer. (9) Program lead cost estimator. (10) Program lead contracting officer. (11) Program lead business financial man- ager. (12) Program lead production, quality, and manufacturing. (13) Program lead information technology. (14) Program lead software. (b) PLAN OF ACTION.—The Secretary of Defense shall develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian per- sonnel to achieve the objective established in subsection (a). (Added Pub. L. 112–239, div. A, title VIII, § 824(a)(1), Jan. 2, 2013, 126 Stat. 1832; amended Pub. L. 116–283, div. A, title VIII, § 812, title XVIII, § 1846(i)(3), Jan. 1, 2021, 134 Stat. 3749, 4252; Pub. L. 116–283, div. A, title XVIII, § 1846(j), as added Pub. L. 117–81, div. A, title XVII, § 1701(b)(15)(C), Dec. 27, 2021, 135 Stat. 2134; Pub. L. 117–81, div. A, title XVII, § 1701(b)(15)(B), Dec. 27, 2021, 135 Stat. 2134.) Editorial Notes PRIOR PROVISIONS A prior section 1706, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1639, which re- lated to acquisition career program boards, was re- pealed by Pub. L. 108–136, div. A, title VIII, § 831(a), Nov. 24, 2003, 117 Stat. 1549. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1846(j), as added by Pub. L. 117–81, § 1701(b)(15)(C), substituted ‘‘section 4201(a)(2)’’ for ‘‘section 2430(a)(1)(B)’’ in introductory provisions. Pub. L. 116–283, § 1846(i)(3), as amended by Pub. L. 117–81, § 1701(b)(15)(B), substituted ‘‘section 4201’’ for ‘‘section 2430’’ in introductory provisions. Pub. L. 116–283, § 812(1)(A), substituted ‘‘(as defined in section 2430 of this title), each acquisition program that is estimated by the Secretary of Defense to re- quire an eventual total expenditure greater than the amount described in section 2430(a)(1)(B) of this title, and any other acquisition program identified by the Secretary’’ for ‘‘and each major automated information system program’’ in introductory provisions. Subsec. (a)(14). Pub. L. 116–283, § 812(1)(B), added par. (14). Subsec. (c). Pub. L. 116–283, § 812(2), struck out subsec. (c) which defined ‘‘major defense acquisition program’’ and ‘‘major automated information system program’’. Page 1557 TITLE 10—ARMED FORCES § 1707 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1846(i)(3) of Pub. L. 116–283 ef- fective Jan. 1, 2022, with additional provisions for de- layed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. SIMILAR PROVISIONS Provisions similar to this section were contained in section 820 of Pub. L. 109–364, which was set out as a note under section 1701 of this title prior to repeal by Pub. L. 112–239, div. A, title VIII, § 824(b), Jan. 2, 2013, 126 Stat. 1833. § 1707. Cadre of intellectual property experts (a) CADRE.—The Secretary of Defense, acting through the Under Secretary of Defense for Ac- quisition and Sustainment, shall establish a cadre of personnel who are experts in intellec- tual property matters. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to acquiring or licens- ing intellectual property by providing expert ad- vice, assistance, and resources to the acquisition workforce on intellectual property matters, in- cluding acquiring or licensing intellectual prop- erty. (b) LEADERSHIP STRUCTURE.—The Under Sec- retary— (1) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and (2) shall determine the appropriate official to whom members of the cadre shall report. (c) DUTIES.—The cadre of experts shall be as- signed to a program office or an acquisition command within a military department to ad- vise, assist, and provide resources to a program manager or program executive officer on intel- lectual property matters at various stages of the life cycle of a system. In performing such duties, the experts shall— (1) interpret and provide counsel on laws, regulations, and policies relating to intellec- tual property; (2) advise and assist in the development of an acquisition strategy, product support strat- egy, and intellectual property strategy for a system; (3) conduct or assist with financial analysis and valuation of intellectual property; (4) assist in the drafting of a solicitation, contract, or other transaction; (5) interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicita- tions and awards; and (6) conduct or assist with mediation if tech- nical data delivered pursuant to a contract is incomplete or does not comply with the terms of agreements. (d) ADMINISTRATION.— (1) In order to achieve the purpose set forth in subsection (a), the Under Secretary shall ensure the cadre has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under subsection (b), including in relevant areas of law, contracting, acquisition, logistics, engineering, financial analysis, and valuation. The Under Secretary, in coordina- tion with the Defense Acquisition University and in consultation with academia and indus- try, shall develop a career path, including de- velopment opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing authorities to staff the cadre, including those in paragraphs (2), (3), (4), and (6). (2) Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, mili- tary departments, Defense Agencies, and com- batant commands may be assigned to serve as members of the cadre, upon request of the Di- rector. (3) The Under Secretary may use the au- thorities for highly qualified experts under section 9903 of title 5, to hire experts as mem- bers of the cadre who are skilled professionals in intellectual property and related matters. (4) The Under Secretary may enter into a contract with a private-sector entity for spe- cialized expertise to support the cadre. Such entity may be considered a covered Govern- ment support contractor, as defined in section 3775(a) of this title. (5) In establishing the cadre, the Under Sec- retary shall give preference to civilian em- ployees of the Department of Defense, rather than members of the armed forces, to main- tain continuity in the cadre. (6) The Under Secretary is authorized to use amounts in the Defense Acquisition Workforce Development Fund for the purpose of recruit- ment, training, and retention of the cadre, in- cluding paying salaries of newly hired mem- bers of the cadre for up to three years. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1877, Jan. 1, 2021, 134 Stat. 4291.) Editorial Notes PRIOR PROVISIONS A prior section 1707, 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 personnel in the Office of the Secretary of Defense and in the Defense Agencies, prior to repeal by Pub. L. 108–136, div. A, title VIII, § 831(a), Nov. 24, 2003, 117 Stat. 1549. CODIFICATION The text of subsec. (b) of section 2322 of title, which was transferred to this section and amended by Pub. L. 116–283, § 1877(b)–(e), was based on Pub. L. 115–91, div. A, title VIII, § 802(a)(1), Dec. 12, 2017, 131 Stat. 1450. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1877(b)(1), redesig- nated subsec. (b)(1) of section 2322 of this title as sub- sec. (a) of this section and inserted heading. Subsec. (b). Pub. L. 116–283, § 1877(b)(3), (c), redesig- nated subsec. (b)(2) of section 2322 of this title as sub- sec. (b) of this section, inserted heading, inserted dash after ‘‘Secretary’’, and reorganized remainder of text into designated pars. (1) and (2). Subsec. (c). Pub. L. 116–283, § 1877(b)(3), (d), redesig- nated subsec. (b)(3) of section 2322 of this title as sub-