(a)
(b)
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)
"(b)
"(c)
"(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)
"(1)
"(2)
"(e)
"(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)
"(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)
"(1)
"(2)
"(3)
"(4)
"(b)
"(1)
"(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)
"(3)
"(c)
"(d)
"(1)
"(2)
"(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)
"(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)
"(e)
"(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)
"(b)
"(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)
"(1)
"(2)
"(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)
"(e)
"(1)
"(2)
Pilot Program on Temporary Exchange of Financial Management and Acquisition Personnel
Pub. L. 114–92, div. A, title XI, §1110, Nov. 25, 2015, 129 Stat. 1030, as amended by Pub. L. 116–283, div. A, title XVIII, §1806(e)(3)(A), Jan. 1, 2021, 134 Stat. 4156; Pub. L. 117–286, §4(c)(19), Dec. 27, 2022, 136 Stat. 4356, provided that:
"(a)
"(b)
"(1)
"(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)
"(c)
"(1)
"(2)
"(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)
"(d)
"(e)
"(f)
"(g)
"(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) chapter 131 of title 5, United States Code;
"(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)
"(i)
"(j)
"(1)
"(A) Five employees in the field of financial management.
"(B) Five employees in the acquisition field.
"(2)
"(k)
Pilot Program on Enhanced Pay Authority for Certain Acquisition and Technology Positions in the Department of Defense
Pub. L. 114–92, div. A, title XI, §1111, Nov. 25, 2015, 129 Stat. 1032, as amended by Pub. L. 116–92, div. A, title IX, §902(9), Dec. 20, 2019, 133 Stat. 1543, which authorized a pilot program on enhanced pay authority for certain acquisition and technology positions in the Department of Defense, was repealed by Pub. L. 116–283, div. A, title XI, §1114(c)(1), Jan. 1, 2021, 134 Stat. 3895. See Continuation of Pay note above and section 1701b of this title.
Pilot Program on Direct Hire Authority for Veteran Technical Experts Into the Defense Acquisition Workforce
Pub. L. 114–92, div. A, title XI, §1112, Nov. 25, 2015, 129 Stat. 1033, provided that:
"(a)
"(b)
"(c)
"(d)
"(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)
"(1)
"(2)
Direct Hire Authority for Technical Experts Into the Defense Acquisition Workforce
Pub. L. 114–92, div. A, title XI, §1113, Nov. 25, 2015, 129 Stat. 1033, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Coordination of Human Systems Integration Activities Related to Acquisition Programs
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; Pub. L. 116–92, div. A, title IX, §902(10), Dec. 20, 2019, 133 Stat. 1543, provided that: "The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall coordinate and manage human systems integration activities throughout the acquisition programs of the Department of Defense."
Requirements for Senior Department of Defense Officials Seeking Employment With Defense Contractors
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; Pub. L. 117–263, div. A, title VIII, §821, Dec. 23, 2022, 136 Stat. 2709, provided that:
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(b)
"(c)
"(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)
"(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."
Government Performance of Critical Acquisition Functions
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.
Demonstration Project Relating to Certain Personnel Management Policies and Procedures
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.
Evaluation by Comptroller General
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.
Deadlines for Qualification Requirements
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)."