10 U.S.C. § 1701 (ARMED FORCES)
§ 1701. Management policies
(a) Policies and Procedures.—
The Secretary of Defense shall establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense.
(b) Uniform Implementation.—
The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures 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.)
heading: Effective Date
text: 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].”
heading: Short Title
text: 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 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 repealing provisions set out as a note under section 2304 of this title] may be cited as the ‘Defense Acquisition Workforce Improvement Act’.”
heading: Regulations
text: Pub. L. 101–510, div. A, title XII, § 1210(a), Nov. 5, 1990, 104 Stat. 1667, provided that: “Unless otherwise provided 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].”
heading: Exchange Program for Acquisition Workforce Employees
text: 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 assignment of civilian personnel in the Department of Defense acquisition workforce.
“(b) Purposes.—
The purposes of the exchange program established pursuant to subsection (a) are—
“(1) to familiarize personnel from the acquisition workforce with the equities, priorities, processes, culture, and workforce of the acquisition-related defense agencies;
“(2) to enable participants in the exchange program to return the expertise gained through their exchanges to their original organizations; and
“(3) to improve communication between and integration of the organizations that support the policy, implementation, and oversight of defense acquisition through lasting relationships.
“(c) Participants.—
“(1) Number of participants.—
The Under Secretary shall select not less than 10 and no more than 20 participants per year for participation in the exchange program established under subsection (a).
“(2) Criteria for selection.—
The Under Secretary shall select participants for the exchange program established under subsection (a) from among mid-career 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 acquisition 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 negotiated 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 congressional 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 established under subsection (a).
“(2) Implementation.—
Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall implement the guidance developed under paragraph (1).”
heading: Pilot Program on Temporary Exchange of Financial Management and Acquisition Personnel
text: Pub. L. 114–92, div. A, title XI, § 1110, Nov. 25, 2015, 129 Stat. 1030, 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 nontraditional defense contractors and of covered employees of such contractors to the Department.
“(b) Covered Employees; Nontraditional Defense Contractors.—
“(1) Covered employees.—
An employee of the Department of Defense or a nontraditional Defense contractor is a covered employee for purposes of this section 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 defense contractor’ has the meaning given that term in section 2302(9) of title 10, United States Code.
“(c) Agreements.—
“(1) In general.—
The Secretary of Defense shall provide for a written agreement among the Department of Defense, the nontraditional defense contractor concerned, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section.
“(2) Elements.—
An agreement under this subsection—
“(A) shall require, in the case of an employee of the Department, that upon completion of the assignment, the employee will serve in the civil service 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 Department 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 employee’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 separation was for good and sufficient reason, as determined 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 collection 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 defense 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 Contractors.—
An employee of the Department of Defense who is assigned to a nontraditional defense contractor under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written 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 Employees.—
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 Department 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 Federal Tort Claims Act), and any other Federal tort liability statute;
“(E) the Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.);
“(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-related injuries; and
“(3) may not have access, while the employee is assigned to a Department organization, to any trade secrets 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 direct 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 assignments 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 acquisition.
“(j) Numerical Limitations.—
“(1) Department employees.—
The number of employees of the Department of Defense who may be assigned to nontraditional defense contractors under this section at any given time may not exceed the following:
“(A) Five employees in the field of financial management.
“(B) Five employees in the acquisition field.
“(2) Nontraditional defense contractor employees.—
The total number of nontraditional defense contractor employees who may be assigned to the Department 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.”
heading: Pilot Program on Enhanced Pay Authority for Certain Acquisition and Technology Positions in the Department of Defense
text: Pub. L. 114–92, div. A, title XI, § 1111, Nov. 25, 2015, 129 Stat. 1032, provided that:
“(a) Pilot Program Authorized.—
The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the pay authority 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 attracting and retaining high-quality acquisition and technology experts in positions responsible for managing and developing complex, high-cost, technological acquisition efforts of the Department of Defense.
“(b) Approval Required.—
The pilot program may be carried out only with approval as follows:
“(1) Approval of the Under Secretary of Defense for Acquisition, Technology, and Logistics, in the case of positions in the Office of the Secretary of Defense.
“(2) Approval of the Service Acquisition Executive 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 accomplishment of an important acquisition or technology development mission.
“(d) Rate of Basic Pay.—
The pay authority specified in this subsection is authority as follows:
“(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, Technology, and Logistics or the Service Acquisition Executive 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 described in subsection (c).
“(2) Number of positions.—
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.
“(3) Term of positions.—
The authority in subsection (a) may be used only for positions having terms less than five years.
“(f) Termination.—
“(1) In general.—
The authority to fix rates of basic pay for a position under this section shall terminate on October 1, 2020.
“(2) Continuation of pay.—
Nothing in paragraph (1) shall be construed to prohibit the payment after October 1, 2020, of basic pay at rates fixed under this section before that date for positions whose terms continue after that date.”
heading: Pilot Program on Direct Hire Authority for Veteran Technical Experts Into the Defense Acquisition Workforce
text: 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 department through the service acquisition executive of such military department.
“(b) Positions.—
The positions described in this subsection 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 military department, be exercised with respect to a number of candidates greater than the number equal to 1 percent 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 candidates to positions under the pilot program shall expire 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 termination 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.”
heading: Direct Hire Authority for Technical Experts Into the Defense Acquisition Workforce
text: Pub. L. 114–92, div. A, title XI, § 1113, Nov. 25, 2015, 129 Stat. 1033, provided that:
“(a) Authority.—
Each Secretary of a military department 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 subsection 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 military department, be exercised with respect to a number of candidates greater than the number equal to 5 percent of the total number of scientific and engineering positions within 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) Nature of Appointment.—
Any appointment under this section shall be treated as an appointment on a full-time equivalent basis, unless such appointment 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 appointments under this section shall not be available after December 31, 2020.”
heading: Coordination of Human Systems Integration Activities Related to Acquisition Programs
text: 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, provided that: “The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall coordinate and manage human systems integration activities throughout the acquisition programs of the Department of Defense.”
heading: Requirements for Senior Department of Defense Officials Seeking Employment With Defense Contractors
text: 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, provided that:
“(a) Requirement to Seek and Obtain Written Opinion.—
“(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 Department 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-employment restrictions to activities that the official or former official may undertake on behalf of a contractor.
“(2) Submission of request.—
A request for a written opinion under paragraph (1) shall be submitted in writing to an ethics official of the Department of Defense having responsibility for the organization in which the official or former official serves or served and shall set forth all information relevant to the request, including information relating to government positions held and major duties in those positions, actions 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 regarding the applicability or inapplicability of post-employment restrictions to activities that the official or former official may undertake on behalf of a contractor.
“(4) Contractor requirement.—
A Department of Defense contractor may not knowingly provide compensation 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 applicability of post-employment restrictions to the activities 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 Defense 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.—
“(1) Database.—
Each request for a written opinion made pursuant to this section, and each written opinion provided pursuant to such a request, 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.
“(2) Inspector general review.—
The Inspector General of the Department of Defense shall conduct periodic reviews to ensure that written opinions are being provided and retained in accordance with the requirements of this section. The first such review shall be conducted no later than two years after the date of the enactment of this Act [Jan. 28, 2008].
“(c) Covered Department of Defense Officials.—
An official or former official of the Department of Defense 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 subchapter 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 compensated 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, administrative contracting officer, source selection authority, 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.
“(d) Definition.—
In this section, the term ‘post-employment 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.”
heading: Government Performance of Critical Acquisition Functions
text: 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.
heading: Demonstration Project Relating to Certain Personnel Management Policies and Procedures
text: 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 improving the personnel management policies or procedures 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.
heading: Evaluation by Comptroller General
text: 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 General of actions taken by Secretary of Defense to carry out requirements of Defense Acquisition Workforce Improvement 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.
heading: Deadlines for Qualification Requirements
text: 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 regulations to implement sections 1723, 1724, and 1732 of title 10, United States Code (as added by section 1202).”