10 U.S.C. § 1705 — Department of Defense Acquisition Work-

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 Repealed.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- tion to other funds that may be available, for the recruitment, training, and retention of ac- quisition personnel of the Department of De- fense. (b) PURPOSE.—The purpose of the Account is to ensure that the Department of Defense acquisi- tion workforce has the capacity, in both per- sonnel and skills, needed to properly perform its mission, provide appropriate oversight of con- tractor performance, and ensure that the De- partment receives the best value for the expend- iture of public resources. (c) MANAGEMENT.—The Account shall be man- aged 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 ex- tensive 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 provi- sions of this subsection, amounts in the Ac- count 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 ac- quisition personnel of the Department of De- fense for the purpose of the Account, including for the provision of training and retention in- centives to the acquisition workforce of the Department and to develop acquisition tools and methodologies, and undertake research and development activities, leading to acquisi- tion policies and practices that will improve the efficiency and effectiveness of defense ac- quisition efforts. In the case of temporary members of the acquisition workforce des- ignated pursuant to subsection (g)(2), such funds shall be available only for the limited purpose of providing training in the perform- ance of acquisition-related functions and du- ties. (B) Amounts in the Account also may be used to pay salaries of personnel at the Office of the Secretary of Defense, military depart- ments, and Defense Agencies to manage the Account. (C) Amounts in the Account may be used to pay the expenses of the public-private talent exchange program established under section 1599g of this title. (2) PROHIBITION.—Amounts in the Account may not be obligated for any purpose other than purposes described in paragraph (1) or otherwise in accordance with this subsection. (3) GUIDANCE.—The Under Secretary of De- fense for Acquisition and Sustainment, acting through the senior official designated to man- age the Account, shall issue guidance for the administration of the Account. Such guidance shall include provisions— (A) identifying areas of need in the acqui- sition 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 acquisi- tion workforce qualified, experienced ac- quisition workforce personnel; and (iii) incentives for attracting new, high- quality personnel to the acquisition work- force; (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 applica- tions for amounts in the Account in any fis- cal 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 Ac- count 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 cir- cumstances under which such amounts may be used for such purpose. (4) LIMITATION ON PAYMENTS TO OR FOR CON- TRACTORS.—Amounts in the Account shall not be available for payments to contractors or contractor employees, other than for the pur- poses of— (A) providing advanced training to Depart- ment of Defense employees; (B) developing acquisition tools and meth- odologies and performing research on acqui- Page 1554 TITLE 10—ARMED FORCES § 1705 sition 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, assess- ments, and requirements planning. (5) PROHIBITION ON PAYMENT OF BASE SALARY OF CURRENT EMPLOYEES.—Amounts in the Ac- count may not be used to pay the base salary of any person who was an employee of the De- partment serving in a position in the acquisi- tion workforce as of January 28, 2008, and who has continued in the employment of the De- partment since such time without a break in such employment of more than a year. (6) DURATION OF AVAILABILITY.—Amounts ap- propriated to the Account pursuant to sub- section (d) shall remain available for expendi- ture for the fiscal year in which appropriated and the succeeding fiscal year. (f) EXPEDITED HIRING AUTHORITY.—For pur- poses of sections 3304, 5333, and 5753 of title 5, the Secretary of Defense may— (1) designate any category of positions in the acquisition workforce as positions for which there exists a shortage of candidates or there is a critical hiring need; and (2) utilize the authorities in such sections to recruit and appoint qualified persons directly to positions so designated. (g) ACQUISITION WORKFORCE DEFINED.—In this section, the term ‘‘acquisition workforce’’ means the following: (1) Personnel in positions designated under section 1721 of this title as acquisition posi- tions for purposes of this chapter. (2) Other military personnel or civilian em- ployees of the Department of Defense who— (A)(i) contribute significantly to the ac- quisition process by virtue of their assigned duties; or (ii) contribute significantly to the acquisi- tion or development of systems relating to cybersecurity; and (B) are designated as temporary members of the acquisition workforce by the Under Secretary of Defense for Acquisition and Sustainment, or by the senior acquisition executive of a military department, for the limited purpose of receiving training for the performance of acquisition-related functions and duties. (Added Pub. L. 110–181, div. A, title VIII, § 852(a)(1), Jan. 28, 2008, 122 Stat. 248; amended Pub. L. 110–417, [div. A], title VIII, § 833, Oct. 14, 2008, 122 Stat. 4535; Pub. L. 111–84, div. A, title VIII, §§ 831, 832(a)–(g), Oct. 28, 2009, 123 Stat. 2414, 2415; Pub. L. 112–81, div. A, title VIII, § 804(a), Dec. 31, 2011, 125 Stat. 1486; Pub. L. 112–239, div. A, title VIII, § 803(a), (b), Jan. 2, 2013, 126 Stat. 1825; Pub. L. 114–92, div. A, title VIII, § 841(a), Nov. 25, 2015, 129 Stat. 913; Pub. L. 114–328, div. A, title VIII, § 863(a), (b), title X, § 1081(a)(5), Dec. 23, 2016, 130 Stat. 2302, 2303, 2417; Pub. L. 115–91, div. A, title VIII, §§ 842, 843(a)(1), title X, § 1051(a)(7), title XVI, § 1636, Dec. 12, 2017, 131 Stat. 1479, 1480, 1560, 1741; Pub. L. 116–92, div. A, title VIII, § 863(b), title IX, § 902(13), title X, § 1010(a)(1), (2)(A), (b)–(d), Dec. 20, 2019, 133 Stat. 1522, 1544, 1576; Pub. L. 117–81, div. A, title X, § 1081(a)(22), Dec. 27, 2021, 135 Stat. 1920.) Editorial Notes PRIOR PROVISIONS A prior section 1705, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1639, related to Directors of Acquisition Career Management in the military departments, prior to repeal by Pub. L. 108–136, div. A, title VIII, § 831(a), Nov. 24, 2003, 117 Stat. 1549. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–81 substituted ‘‘an ac- count’’ for ‘‘a fund’’. 2019—Pub. L. 116–92, § 1010(a)(2)(A), substituted ‘‘De- partment of Defense Acquisition Workforce Develop- ment Account’’ for ‘‘Department of Defense Acquisition Workforce Development Fund’’ in section catchline. Pub. L. 116–92, § 1010(a)(1)(B), substituted ‘‘Account’’ for ‘‘Fund’’ wherever appearing except in subsec. (e)(6) prior to its subsequent amendment. Pub. L. 116–92, § 1010(b), substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’ wherever appearing. Pub. L. 116–92, § 902(13)(A)–(C), which directed amend- ment of subsecs. (c), (e)(3), and (g)(2)(B), respectively, by substituting ‘‘Under Secretary of Defense for Acqui- sition and Sustainment’’ for ‘‘Under Secretary of De- fense for Acquisition, Technology, and Logistics’’, ef- fective Dec. 20, 2019, could not be executed because of the identical amendment made by Pub. L. 116–92, § 1010(b), effective Oct. 1, 2019. See Amendment note above and Effective Date of 2019 Amendment note below. Subsec. (a). Pub. L. 116–92, § 1010(a)(1)(A), substituted ‘‘the ‘Department of Defense Acquisition Workforce Development Account’ (in this section referred to as the ‘Account’)’’ for ‘‘the ‘Department of Defense Acqui- sition Workforce Development Fund’ (in this section referred to as the ‘Fund’)’’. Subsec. (d). Pub. L. 116–92, § 1010(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) listed elements comprising the Fund. Subsec. (e)(1)(C). Pub. L. 116–92, § 863(b), added subpar. (C). Subsec. (e)(6). Pub. L. 116–92, § 1010(d), substituted ‘‘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.’’ for ‘‘credited to the Fund in accordance with subsection (d)(2), transferred to the Fund pursuant to subsection (d)(3), appropriated to the Fund, or depos- ited to the Fund shall remain available for obligation in the fiscal year for which credited, transferred, appro- priated, or deposited and the two succeeding fiscal years.’’ 2017—Subsec. (d)(2)(D). Pub. L. 115–91, § 842, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘The Secretary of Defense may reduce the amount specified in subparagraph (C) for a fiscal year if the Secretary determines that the amount is greater than is reasonably needed for purposes of the Fund for such fiscal year. The Secretary may not re- duce the amount for a fiscal year to an amount that is less than $400,000,000.’’ Subsec. (e)(1). Pub. L. 115–91, § 843(a)(1)(A), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (e)(1)(A). Pub. L. 115–91, § 1051(a)(7)(A), sub- stituted ‘‘subsection (g)(2)’’ for ‘‘subsection (h)(2)’’. Subsec. (e)(3)(E). Pub. L. 115–91, § 843(a)(1)(B), added subpar. (E). Subsec. (f). Pub. L. 115–91, § 1051(a)(7)(B), (C), redesig- nated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as fol- lows: ‘‘Not later than February 1 each year, the Sec- Page 1555 TITLE 10—ARMED FORCES § 1705 retary of Defense shall submit to the congressional de- fense committees a report on the operation of the Fund during the preceding fiscal year.’’ Subsec. (g). Pub. L. 115–91, § 1051(a)(7)(C), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). Subsec. (g)(2)(A). Pub. L. 115–91, § 1636, which directed amendment of subsec. (h)(2)(A) by inserting ‘‘(i)’’ after ‘‘(A)’’, substituting ‘‘; or’’ for ‘‘; and’’, and adding cl. (ii), was executed by making the amendment in subsec. (g)(2)(A) to reflect the probable intent of Congress and the redesignation of subsec. (h) as (g), see below. Subsec. (h). Pub. L. 115–91, § 1051(a)(7)(C), redesignated subsec. (h) as (g). 2016—Subsec. (d)(2)(C). Pub. L. 114–328, § 863(b)(1), sub- stituted ‘‘in such’’ for ‘‘in each’’. Subsec. (e)(1). Pub. L. 114–328, § 863(a)(1)(A), inserted ‘‘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 ac- quisition efforts’’ after ‘‘workforce of the Department’’. Subsec. (e)(4). Pub. L. 114–328, § 863(a)(1)(B), sub- stituted ‘‘other than for the purposes of—’’ for ‘‘other than for the purpose of providing advanced training to Department of Defense employees.’’ and added subpars. (A) to (C). Subsec. (f). Pub. L. 114–328, § 863(a)(2), (b)(2), sub- stituted ‘‘Not later than February 1 each year’’ for ‘‘Not later than 120 days after the end of each fiscal year’’ and ‘‘the preceding fiscal year’’ for ‘‘such fiscal year’’ and struck out at end ‘‘Each report shall include, for the fiscal year covered by such report, the fol- lowing: ‘‘(1) A statement of the amounts remitted to the Secretary for crediting to the Fund for such fiscal year by each military department and Defense Agen- cy, and a statement of the amounts credited to the Fund for such fiscal year. ‘‘(2) A description of the expenditures made from the Fund (including expenditures following a transfer of amounts in the Fund to a military department or Defense Agency) in such fiscal year, including the purpose of such expenditures. ‘‘(3) A description and assessment of improvements in the Department of Defense acquisition workforce resulting from such expenditures. ‘‘(4) Recommendations for additional authorities to fulfill the purpose of the Fund. ‘‘(5) A statement of the balance remaining in the Fund at the end of such fiscal year.’’ Subsec. (g)(1). Pub. L. 114–328, § 863(b)(3)(B), struck out ‘‘, as defined in subsection (h),’’ after ‘‘acquisition workforce’’. Pub. L. 114–328, §§ 863(b)(3)(A), 1081(a)(5), amended par. (1) identically, substituting ‘‘of positions’’ for ‘‘of of po- sitions’’. 2015—Subsec. (d)(2)(C). Pub. L. 114–92, § 841(a)(1)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) defined the applicable percentage for fiscal years 2013 to 2018. Subsec. (d)(2)(D). Pub. L. 114–92, § 841(a)(1)(B), sub- stituted ‘‘the amount specified in subparagraph (C)’’ for ‘‘an amount specified in subparagraph (C)’’ and ‘‘an amount that is less than $400,000,000.’’ for ‘‘an amount that is less than 80 percent of the amount otherwise specified in subparagraph (C) for such fiscal year.’’ Subsec. (d)(3). Pub. L. 114–92, § 841(a)(1)(C), substituted ‘‘36-month period’’ for ‘‘24-month period’’. Subsec. (f). Pub. L. 114–92, § 841(a)(2), substituted ‘‘120 days’’ for ‘‘60 days’’ in introductory provisions. Subsec. (g). Pub. L. 114–92, § 841(a)(3), struck out par. (1) designation before ‘‘For purposes of’’; redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, and realigned margins; substituted ‘‘of positions in the acquisition workforce, as defined in subsection (h),’’ for ‘‘acquisition workforce positions’’ in par. (1); and struck out former par. (2) which read as follows: ‘‘The Secretary may not appoint a person to a position of employment under this subsection after September 30, 2017.’’ 2013—Subsec. (d)(2)(C). Pub. L. 112–239, § 803(a)(1), added cls. (i) to (vi) and struck out former cls. (i) to (vi) which established applicable amounts for fiscal years 2010 to 2015. Subsec. (e)(1). Pub. L. 112–239, § 803(a)(2)(A), inserted at end ‘‘In the case of temporary members of the acqui- sition workforce designated pursuant to subsection (h)(2), such funds shall be available only for the limited purpose of providing training in the performance of ac- quisition-related functions and duties.’’ Subsec. (e)(5). Pub. L. 112–239, § 803(a)(2)(B), inserted before period at end ‘‘, and who has continued in the employment of the Department since such time with- out a break in such employment of more than a year’’. Subsec. (g). Pub. L. 112–239, § 803(a)(3), (4), struck out subsec. (g) which defined ‘‘acquisition workforce’’ and redesignated subsec. (h) as (g). Subsec. (g)(2). Pub. L. 112–239, § 803(b), substituted ‘‘September 30, 2017’’ for ‘‘September 30, 2015’’. Subsec. (h). Pub. L. 112–239, § 803(a)(5), added subsec. (h). Former subsec. (h) redesignated (g). 2011—Subsec. (e)(6). Pub. L. 112–81 amended par. (6) generally. Prior to amendment, text read as follows: ‘‘Amounts credited to the Fund under subsection (d)(2) shall remain available for expenditure in the fiscal year for which credited and the two succeeding fiscal years.’’ 2009—Subsec. (a). Pub. L. 111–84, § 832(g)(1), inserted ‘‘Development’’ after ‘‘Workforce’’. Subsec. (d)(1)(B), (C). Pub. L. 111–84, § 832(a)(1), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (d)(2)(A). Pub. L. 111–84, § 832(b), substituted ‘‘from amounts available for contract services for oper- ation and maintenance.’’ for ‘‘, other than services re- lating to research and development and services relat- ing to military construction.’’ Subsec. (d)(2)(B). Pub. L. 111–84, § 832(d)(1), (2)(A), sub- stituted ‘‘Subject to paragraph (4), not later than’’ for ‘‘Not later than’’ and ‘‘the first quarter of each fiscal year’’ for ‘‘the third fiscal year quarter of fiscal year 2008, and 30 days after the end of each fiscal year quar- ter thereafter’’ and struck out ‘‘quarter’’ before ‘‘for services’’. Pub. L. 111–84, § 832(c), inserted ‘‘, from amounts available to such military department or Defense Agen- cy, as the case may be, for contract services for oper- ation and maintenance,’’ after ‘‘remit to the Secretary of Defense’’. Subsec. (d)(2)(C), (D). Pub. L. 111–84, § 832(e), added subpars. (C) and (D) and struck out former subpars. (C) and (D), which established applicable percentages for fiscal years 2008 to 2010 and thereafter and authorized the Secretary of Defense to reduce such percentages under certain circumstances and to a certain limit. Subsec. (d)(3). Pub. L. 111–84, § 832(a)(2), added par. (3). Subsec. (d)(4). Pub. L. 111–84, § 832(d)(2)(B), added par. (4). Subsec. (e)(5). Pub. L. 111–84, § 832(f), substituted ‘‘serving in a position in the acquisition workforce as of January 28, 2008’’ for ‘‘as of the date of the enact- ment of the National Defense Authorization Act for Fiscal Year 2008’’. Subsec. (f). Pub. L. 111–84, § 832(g)(2), struck out ‘‘be- ginning with fiscal year 2008’’ after ‘‘each fiscal year’’ in introductory provisions. Subsec. (h)(1). Pub. L. 111–84, § 831(c), struck out ‘‘United States Code,’’ after ‘‘title 5,’’ in introductory provisions. Subsec. (h)(1)(A). Pub. L. 111–84, § 831(a)(1), sub- stituted ‘‘acquisition workforce positions as positions for which there exists a shortage of candidates or there is a critical hiring need’’ for ‘‘acquisition positions within the Department of Defense as shortage category positions’’. Subsec. (h)(1)(B). Pub. L. 111–84, § 831(a)(2), struck out ‘‘highly’’ after ‘‘appoint’’. Subsec. (h)(2). Pub. L. 111–84, § 831(b), substituted ‘‘September 30, 2015’’ for ‘‘September 30, 2012’’. 2008—Subsec. (h). Pub. L. 110–417 added subsec. (h). 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’’.