§ 1701. Management policies

§ 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.)

Statutory Notes and Related Subsidiaries

Effective Date

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].”

Short Title

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’.”

Regulations

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].”

Principal Technology Transition Advisor

Pub. L. 118–31, div. A, title VIII, § 806, Dec. 22, 2023, 137 Stat. 317, as amended by Pub. L. 118–159, div. A, title VIII, § 838, Dec. 23, 2024, 138 Stat. 1988, provided that: “(a) Designation.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], each service acquisition executive of a military department shall designate a Principal Technology Transition Advisor who shall advise each Secretary of a military department on the transition of technologies, including technologies from science and technology programs of the Department, private commercial entities, research institutions, and universities, to fulfill identified and potential warfighter requirements for the military department. “(b) Advisor Status.—The Principal Technology Transition Advisor of a military department designated under subsection (a) shall be a member of the Senior Executive Service or a general officer and directly report to the service acquisition executive of such military department. “(c) Responsibilities.—The Principal Technology Transition Advisor of a military department designated under subsection (a) shall do the following:“(1) Identify technologies being researched, developed, tested, or evaluated by science and technology programs of the Department, including Defense research facilities (as defined in section 4125(b) of title 10, United States Code), that the military department may use to meet identified and potential warfighter requirements, including technologies for which the Department owns and maintains the intellectual property rights. “(2) Consult with Department of Defense innovation programs to identify technologies from private commercial entities, research institutions, universities, and other entities that the military department may use to meet identified and potential warfighter requirements. “(3) Make recommendations to the service acquisition executive of the military department regarding the acquisition of technologies identified under paragraphs (1) and (2) for acquisition decisions at the service acquisition executive level. “(4) Inform program managers (as defined in section 1737 of title 10, United States Code) and other relevant acquisition officials of the military department of relevant technologies identified under paragraphs (1) and (2). “(5) Develop policies and processes for promoting to small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code) opportunities to license intellectual property developed by the Department, including opportunities and methods for small business concerns and nontraditional defense contractors to engage with the Department regarding such licensing. “(6) Develop and maintain metrics tracking the outcomes of projects and other activities of the military department for which the military department expended amounts designated as budget activity 3 (Advanced Technology Development), budget activity 4 (Advanced Component Development and Prototypes), and budget activity 5 (System Development and Demonstration), as those budget activity classifications are set forth in volume 2B, chapter 5 of the Department of Defense Financial Management Regulation (DOD 7000.14-R). “(d) DARPA Detailees Authorized.—“(1) Authority.—The Director of the Defense Advanced Research Projects Agency, upon a request from the Principal Technology Transition Advisor of a military department, may detail personnel of the Agency to such military department for a period not to exceed one year to provide technology transition support for technology of the Agency that is to be acquired by such military department. “(2) Extension.—The Under Secretary of Defense for Research and Engineering may extend a detail under paragraph (1) for a period of not more than 6 additional months. “(e) Congressional Report.—Not later than one year after the designation of the Principal Technology Transition Advisor of a military department under subsection (a), and annually thereafter, the Principal Technology Transition Advisor of such military department shall submit to Congress a report on the following for the one-year period preceding the submission of the report:“(1) The activities of the Principal Technology Transition Advisor. “(2) The outcomes of projects and other activities described in subsection (c)(6), including the metrics described in such subsection. “(f) Definitions.—In this section—“(1) the term ‘Department’ means the Department of Defense; “(2) the term ‘Department of Defense innovation programs’ means the Defense Innovation Unit of the Department of Defense, AFWERX of the Air Force, and other programs sponsored by the Department of Defense, or any component thereof, with a focus on accelerating the adoption of emerging technologies for mission-relevant applications or innovation; and “(3) the terms ‘military department’ and ‘service acquisition executive’ have the meanings given such terms in section 101(a) of title 10, United States Code.”

Acquisition Workforce Incentives Relating to Training on, and Agreements With, Certain Start-Up Businesses

Pub. L. 117–263, div. A, title VIII, § 834, Dec. 23, 2022, 136 Stat. 2713, provided that: “(a) Training.—“(1) Curricula.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Director of the Acquisition Innovation Research Center shall make recommendations on one or more curricula for members of the acquisition workforce on financing and operations of start-up businesses, which may include the development of new curricula, the modification of existing curricula, or the adoption of curricula from another agency, academia, or the private sector. “(2) Elements.—Courses under curricula recommended under paragraph (1) shall be offered with varying course lengths and level of study. “(3) Incentives.—The Secretary of Defense shall develop a program to offer incentives to a member of the acquisition workforce that completes a curriculum developed, modified, or adopted under paragraph (1). “(4) Additional training materials.—In recommending curricula under paragraph (1), the Director of the Acquisition Innovation Research Center shall consider and incorporate appropriate training materials from university, college, trade-school, or private-sector curricula in business, law, or public policy. “(b) Exchanges.—“(1) In general.—The Secretary of Defense shall establish a pilot program under which the Secretary shall, in accordance with section 1599g of title 10, United States Code, arrange for the temporary assignment of—“(A) one or more members of the acquisition workforce to a start-up business; or “(B) an employee of a start-up business to an office of the Department of Defense. “(2) Priority.—The Secretary shall prioritize for participation in the pilot program described under paragraph (1)(A) members of the acquisition workforce who have completed a curriculum required under paragraph (1) [probably means par. (1) of subsec. (a)]. “(3) Termination.—The Secretary may not carry out the pilot program authorized by this subsection after the date that is three years after the date of the enactment of this Act. “(c) Conferences.—The Secretary of Defense shall identify existing conferences sponsored by the Department of Defense that might be expanded to include opportunities for sharing knowledge and best practices on software acquisition issues. Such opportunities shall maximize participation between members of the acquisition workforce, employees of start-up businesses, and investors in start-up businesses. “(d) Pilot Program.—“(1) Establishment.—Not later than 18 months after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall establish a pilot program to test the feasibility of innovative approaches to negotiating and establishing intellectual property and data rights in agreements with start-up businesses for the procurement of software and software-embedded systems. “(2) Authority.—To the maximum extent practicable, the Secretary shall—“(A) ensure that a member of the acquisition workforce who has completed a curriculum required under subsection (a) is able to exercise authority to apply an approach described in paragraph (1); and “(B) provide incentives to such member to exercise such authority. “(3) Elements.—An approach described in paragraph (1) shall include the following:“(A) Flexible and tailored requirements relating to the acquisition and licensing of intellectual property and data rights in the software and software-embedded systems to be acquired under the agreement. “(B) An identification and definition of the technical interoperability standards required for such software and software-embedded systems. “(C) Flexible mechanisms for access and delivery of code for such software, including documentation of the costs and benefits of each such mechanism. “(4) Termination.—The Secretary may not carry out the pilot program authorized by this subsection after the date that is 5 years after the date of the enactment of this Act. “(e) Definitions.—In this section:“(1) The term ‘Acquisition Innovation Research Center’ means the acquisition research organization within a civilian college or university that is described under section 4142(a) of title 10, United States Code. “(2) The term ‘acquisition workforce’ has the meaning given in section 101 of title 10, United States Code. “(3) The term ‘start-up business’ means a small business that has been in existence for 5 years or less.”

Continuation of Pay

Pub. L. 116–283, div. A, title XI, § 1114(c)(2), Jan. 1, 2021, 134 Stat. 3895, provided that: “The repeal in paragraph (1) [repealing section 1111 of Pub. L. 114–92, formerly set out as a note below] shall not be interpreted to prohibit the payment of basic pay at rates fixed under such section 1111 before the date of the enactment of this Act [Jan. 1, 2021] for positions having terms that continue after that date.”

Exchange Program for Acquisition Workforce Employees

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).”

Pilot Program on Temporary Exchange of Financial Management and Acquisition Personnel