10 U.S.C. § 1704 — Service acquisition executives: authorities

Page 1553 TITLE 10—ARMED FORCES § 1705 ‘‘(3) Issues of acquisition policy, including the length of the acquisition cycle. ‘‘(4) Issues of testing policy and ensuring that weap- on systems perform properly in combat situations. ‘‘(5) Issues of procurement policy, including the im- pact of socio-economic requirements. ‘‘(6) Issues relating to compliance with environ- mental requirements.’’ [§ 1703. Repealed. Pub. L. 108–136, div. A, title VIII, § 831(a), Nov. 24, 2003, 117 Stat. 1549] Section, added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1639; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225, related to Director of Acqui- sition Education, Training, and Career Development. § 1704. Service acquisition executives: authorities and responsibilities Subject to the authority, direction, and con- trol of the Secretary of the military department concerned, the service acquisition executive for each military department shall carry out all powers, functions, and duties of the Secretary concerned with respect to the acquisition work- force within the military department concerned and shall ensure that the policies of the Sec- retary of Defense established in accordance with this chapter are implemented in that depart- ment. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1639.) § 1705. Department of Defense Acquisition Work- force Development Account (a) ESTABLISHMENT.—The Secretary of Defense shall establish an account to be known as the ‘‘Department of Defense Acquisition Workforce Development Account’’ (in this section referred to as the ‘‘Account’’) to provide funds, in addi- 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-