10 U.S.C. § 1702 — Under Secretary of Defense for Acquisi-

Page 1552 TITLE 10—ARMED FORCES § 1702 ity specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the Office of the Secretary of Defense and the military departments in at- tracting and retaining high-quality acquisition and technology experts in positions responsible for managing and developing complex, high-cost, technological acquisition efforts of the Depart- ment of Defense. (b) APPROVAL REQUIRED.—The program may be carried out only with approval as follows: (1) Approval of the Under Secretary of De- fense for Acquisition and Sustainment, in the case of positions in the Office of the Secretary of Defense. (2) Approval of the service acquisition execu- tive of the military department concerned, in the case of positions in a military department. (c) POSITIONS.—The positions described in this subsection are positions that— (1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and (2) are critical to the successful accomplish- ment of an important acquisition or tech- nology development mission. (d) RATE OF BASIC PAY.—The pay authority specified in this subsection is authority as fol- lows: (1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Under Secretary of Defense for Acquisition and Sustainment or the service acquisition ex- ecutive concerned, as applicable. (2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of Defense. (e) LIMITATIONS.— (1) IN GENERAL.—The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions de- scribed in subsection (c). (2) NUMBER OF POSITIONS.—The authority in subsection (a) may not be used at any one time with respect to— (A) more than five positions, in total, in Department of Defense Field Activities and Defense Agencies; (B) more than five positions in the Office of the Secretary of Defense; and (C) more than five positions in each mili- tary department. (3) TERM OF POSITIONS.—The authority in subsection (a) may be used only for positions having terms less than five years. (Added Pub. L. 116–283, div. A, title XI, § 1114(a), Jan. 1, 2021, 134 Stat. 3894; amended Pub. L. 117–263, div. A, title VIII, § 831(b), Dec. 23, 2022, 136 Stat. 2711.) Editorial Notes REFERENCES IN TEXT Level I of the Executive Schedule, referred to in sub- sec. (d), is set out in section 5312 of Title 5, Government Organization and Employees. AMENDMENTS 2022—Subsec. (e)(2). Pub. L. 117–263 amended par. (2) generally. Prior to amendment, text read as follows: ‘‘The authority in subsection (a) may not be used with respect to more than five positions in the Office of the Secretary of Defense and more than five positions in each military department at any one time.’’ § 1702. Under Secretary of Defense for Acquisi- tion and Sustainment: authorities and re- sponsibilities Subject to the authority, direction, and con- trol of the Secretary of Defense, the Under Sec- retary of Defense for Acquisition and Sustainment shall carry out all powers, func- tions, and duties of the Secretary of Defense with respect to the acquisition workforce in the Department of Defense. The Under Secretary shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented throughout the De- partment of Defense. The Under Secretary shall prescribe policies and requirements for the edu- cational programs of the defense acquisition university structure established under section 1746 of this title. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1638; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 105–261, div. A, title VIII, § 815, Oct. 17, 1998, 112 Stat. 2088; Pub. L. 107–107, div. A, title X, § 1048(b)(2), (3)(A), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 116–92, div. A, title IX, § 902(11), Dec. 20, 2019, 133 Stat. 1544.) Editorial Notes AMENDMENTS 2019—Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ in section catchline and in text. 2001—Pub. L. 107–107 substituted ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ for ‘‘Under Secretary of Defense for Acquisition and Tech- nology’’ in section catchline and in text. 1998—Pub. L. 105–261 inserted at end ‘‘The Under Sec- retary shall prescribe policies and requirements for the educational programs of the defense acquisition univer- sity structure established under section 1746 of this title.’’ 1993—Pub. L. 103–160 substituted ‘‘Under Secretary of Defense for Acquisition and Technology’’ for ‘‘Under Secretary of Defense for Acquisition’’ in section catch- line and in text. Statutory Notes and Related Subsidiaries QUICK-REACTION SPECIAL PROJECTS ACQUISITION TEAM Pub. L. 107–314, div. A, title VIII, § 807, Dec. 2, 2002, 116 Stat. 2608, as amended by Pub. L. 116–92, div. A, title IX, § 902(12), Dec. 20, 2019, 133 Stat. 1544, provided that: ‘‘(a) ESTABLISHMENT.—The Under Secretary of De- fense for Acquisition and Sustainment shall establish a team of highly qualified acquisition professionals who shall be available to advise the Under Secretary on ac- tions that can be taken to expedite the acquisition of urgently needed systems. ‘‘(b) DUTIES.—The issues on which the team may pro- vide advice shall include the following: ‘‘(1) Industrial base issues, including the limited availability of suppliers. ‘‘(2) Technology development and technology tran- sition issues. 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-