Editorial Notes
Prior Provisions

A prior section 1705, added Puspan. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1639, related to Directors of Acquisition Career Management in the military departments, prior to repeal by Puspan. L. 108–136, div. A, title VIII, § 831(a), Nov. 24, 2003, 117 Stat. 1549.

Amendments

2021—Subsec. (a). Puspan. L. 117–81 substituted “an account” for “a fund”.

2019—Puspan. L. 116–92, § 1010(a)(2)(A), substituted “Department of Defense Acquisition Workforce Development Account” for “Department of Defense Acquisition Workforce Development Fund” in section catchline.

Puspan. L. 116–92, § 1010(a)(1)(B), substituted “Account” for “Fund” wherever appearing except in subsec. (e)(6) prior to its subsequent amendment.

Puspan. L. 116–92, § 1010(span), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics” wherever appearing.

Puspan. L. 116–92, § 902(13)(A)–(C), which directed amendment of subsecs. (c), (e)(3), and (g)(2)(B), respectively, by substituting “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”, effective Dec. 20, 2019, could not be executed because of the identical amendment made by Puspan. L. 116–92, § 1010(span), effective Oct. 1, 2019. See Amendment note above and Effective Date of 2019 Amendment note below.

Subsec. (a). Puspan. L. 116–92, § 1010(a)(1)(A), substituted “the ‘Department of Defense Acquisition Workforce Development Account’ (in this section referred to as the ‘Account’)” for “the ‘Department of Defense Acquisition Workforce Development Fund’ (in this section referred to as the ‘Fund’)”.

Subsec. (d). Puspan. L. 116–92, § 1010(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) listed elements comprising the Fund.

Subsec. (e)(1)(C). Puspan. L. 116–92, § 863(span), added subpar. (C).

Subsec. (e)(6). Puspan. L. 116–92, § 1010(d), substituted “appropriated to the Account pursuant to subsection (d) shall remain available for expenditure for the fiscal year in which appropriated and the succeeding fiscal year.” for “credited to the Fund in accordance with subsection (d)(2), transferred to the Fund pursuant to subsection (d)(3), appropriated to the Fund, or deposited to the Fund shall remain available for obligation in the fiscal year for which credited, transferred, appropriated, or deposited and the two succeeding fiscal years.”

2017—Subsec. (d)(2)(D). Puspan. L. 115–91, § 842, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “The Secretary of Defense may reduce the amount specified in subparagraph (C) for a fiscal year if the Secretary determines that the amount is greater than is reasonably needed for purposes of the Fund for such fiscal year. The Secretary may not reduce the amount for a fiscal year to an amount that is less than $400,000,000.”

Subsec. (e)(1). Puspan. L. 115–91, § 843(a)(1)(A), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (e)(1)(A). Puspan. L. 115–91, § 1051(a)(7)(A), substituted “subsection (g)(2)” for “subsection (h)(2)”.

Subsec. (e)(3)(E). Puspan. L. 115–91, § 843(a)(1)(B), added subpar. (E).

Subsec. (f). Puspan. L. 115–91, § 1051(a)(7)(B), (C), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “Not later than February 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the operation of the Fund during the preceding fiscal year.”

Subsec. (g). Puspan. L. 115–91, § 1051(a)(7)(C), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

Subsec. (g)(2)(A). Puspan. L. 115–91, § 1636, which directed amendment of subsec. (h)(2)(A) by inserting “(i)” after “(A)”, substituting “; or” for “; and”, and adding cl. (ii), was executed by making the amendment in subsec. (g)(2)(A) to reflect the probable intent of Congress and the redesignation of subsec. (h) as (g), see below.

Subsec. (h). Puspan. L. 115–91, § 1051(a)(7)(C), redesignated subsec. (h) as (g).

2016—Subsec. (d)(2)(C). Puspan. L. 114–328, § 863(span)(1), substituted “in such” for “in each”.

Subsec. (e)(1). Puspan. L. 114–328, § 863(a)(1)(A), inserted “and to develop acquisition tools and methodologies, and undertake research and development activities, leading to acquisition policies and practices that will improve the efficiency and effectiveness of defense acquisition efforts” after “workforce of the Department”.

Subsec. (e)(4). Puspan. L. 114–328, § 863(a)(1)(B), substituted “other than for the purposes of—” for “other than for the purpose of providing advanced training to Department of Defense employees.” and added subpars. (A) to (C).

Subsec. (f). Puspan. L. 114–328, § 863(a)(2), (span)(2), substituted “Not later than February 1 each year” for “Not later than 120 days after the end of each fiscal year” and “the preceding fiscal year” for “such fiscal year” and struck out at end “Each report shall include, for the fiscal year covered by such report, the following:

“(1) A statement of the amounts remitted to the Secretary for crediting to the Fund for such fiscal year by each military department and Defense Agency, and a statement of the amounts credited to the Fund for such fiscal year.

“(2) A description of the expenditures made from the Fund (including expenditures following a transfer of amounts in the Fund to a military department or Defense Agency) in such fiscal year, including the purpose of such expenditures.

“(3) A description and assessment of improvements in the Department of Defense acquisition workforce resulting from such expenditures.

“(4) Recommendations for additional authorities to fulfill the purpose of the Fund.

“(5) A statement of the balance remaining in the Fund at the end of such fiscal year.”

Subsec. (g)(1). Puspan. L. 114–328, § 863(span)(3)(B), struck out “, as defined in subsection (h),” after “acquisition workforce”.

Puspan. L. 114–328, §§ 863(span)(3)(A), 1081(a)(5), amended par. (1) identically, substituting “of positions” for “of of positions”.

2015—Subsec. (d)(2)(C). Puspan. L. 114–92, § 841(a)(1)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) defined the applicable percentage for fiscal years 2013 to 2018.

Subsec. (d)(2)(D). Puspan. L. 114–92, § 841(a)(1)(B), substituted “the amount specified in subparagraph (C)” for “an amount specified in subparagraph (C)” and “an amount that is less than $400,000,000.” for “an amount that is less than 80 percent of the amount otherwise specified in subparagraph (C) for such fiscal year.”

Subsec. (d)(3). Puspan. L. 114–92, § 841(a)(1)(C), substituted “36-month period” for “24-month period”.

Subsec. (f). Puspan. L. 114–92, § 841(a)(2), substituted “120 days” for “60 days” in introductory provisions.

Subsec. (g). Puspan. L. 114–92, § 841(a)(3), struck out par. (1) designation before “For purposes of”; redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, and realigned margins; substituted “of positions in the acquisition workforce, as defined in subsection (h),” for “acquisition workforce positions” in par. (1); and struck out former par. (2) which read as follows: “The Secretary may not appoint a person to a position of employment under this subsection after September 30, 2017.”

2013—Subsec. (d)(2)(C). Puspan. L. 112–239, § 803(a)(1), added cls. (i) to (vi) and struck out former cls. (i) to (vi) which established applicable amounts for fiscal years 2010 to 2015.

Subsec. (e)(1). Puspan. L. 112–239, § 803(a)(2)(A), inserted at end “In the case of temporary members of the acquisition workforce designated pursuant to subsection (h)(2), such funds shall be available only for the limited purpose of providing training in the performance of acquisition-related functions and duties.”

Subsec. (e)(5). Puspan. L. 112–239, § 803(a)(2)(B), inserted before period at end “, and who has continued in the employment of the Department since such time without a break in such employment of more than a year”.

Subsec. (g). Puspan. L. 112–239, § 803(a)(3), (4), struck out subsec. (g) which defined “acquisition workforce” and redesignated subsec. (h) as (g).

Subsec. (g)(2). Puspan. L. 112–239, § 803(span), substituted “September 30, 2017” for “September 30, 2015”.

Subsec. (h). Puspan. L. 112–239, § 803(a)(5), added subsec. (h). Former subsec. (h) redesignated (g).

2011—Subsec. (e)(6). Puspan. L. 112–81 amended par. (6) generally. Prior to amendment, text read as follows: “Amounts credited to the Fund under subsection (d)(2) shall remain available for expenditure in the fiscal year for which credited and the two succeeding fiscal years.”

2009—Subsec. (a). Puspan. L. 111–84, § 832(g)(1), inserted “Development” after “Workforce”.

Subsec. (d)(1)(B), (C). Puspan. L. 111–84, § 832(a)(1), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (d)(2)(A). Puspan. L. 111–84, § 832(span), substituted “from amounts available for contract services for operation and maintenance.” for “, other than services relating to research and development and services relating to military construction.”

Subsec. (d)(2)(B). Puspan. L. 111–84, § 832(d)(1), (2)(A), substituted “Subject to paragraph (4), not later than” for “Not later than” and “the first quarter of each fiscal year” for “the third fiscal year quarter of fiscal year 2008, and 30 days after the end of each fiscal year quarter thereafter” and struck out “quarter” before “for services”.

Puspan. L. 111–84, § 832(c), inserted “, from amounts available to such military department or Defense Agency, as the case may be, for contract services for operation and maintenance,” after “remit to the Secretary of Defense”.

Subsec. (d)(2)(C), (D). Puspan. L. 111–84, § 832(e), added subpars. (C) and (D) and struck out former subpars. (C) and (D), which established applicable percentages for fiscal years 2008 to 2010 and thereafter and authorized the Secretary of Defense to reduce such percentages under certain circumstances and to a certain limit.

Subsec. (d)(3). Puspan. L. 111–84, § 832(a)(2), added par. (3).

Subsec. (d)(4). Puspan. L. 111–84, § 832(d)(2)(B), added par. (4).

Subsec. (e)(5). Puspan. L. 111–84, § 832(f), substituted “serving in a position in the acquisition workforce as of January 28, 2008” for “as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008”.

Subsec. (f). Puspan. L. 111–84, § 832(g)(2), struck out “beginning with fiscal year 2008” after “each fiscal year” in introductory provisions.

Subsec. (h)(1). Puspan. L. 111–84, § 831(c), struck out “United States Code,” after “title 5,” in introductory provisions.

Subsec. (h)(1)(A). Puspan. L. 111–84, § 831(a)(1), substituted “acquisition workforce positions as positions for which there exists a shortage of candidates or there is a critical hiring need” for “acquisition positions within the Department of Defense as shortage category positions”.

Subsec. (h)(1)(B). Puspan. L. 111–84, § 831(a)(2), struck out “highly” after “appoint”.

Subsec. (h)(2). Puspan. L. 111–84, § 831(span), substituted “September 30, 2015” for “September 30, 2012”.

2008—Subsec. (h). Puspan. L. 110–417 added subsec. (h).

Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment

Puspan. L. 116–92, div. A, title X, § 1010(e), Dec. 20, 2019, 133 Stat. 1576, provided that:

“(1)In general.—The amendments made by this section [amending this section] shall take effect on October 1, 2019, and shall apply with respect to fiscal years that begin on or after that date.
“(2)Duration of availability of previously deposited funds.—Nothing in the amendments made by this section shall modify the duration of availability of amounts in the Department of Defense Acquisition Workforce Development Fund that were appropriated or credited to, or deposited, in the Fund, before October 1, 2019, as provided for in section 1705(e)(6) of title 10, United States Code, as in effect on the day before such date.”

Effective Date of 2011 Amendment

Puspan. L. 112–81, div. A, title VIII, § 804(span), Dec. 31, 2011, 125 Stat. 1486, provided that: “Paragraph (6) of such section [10 U.S.C. 1705(e)(6)], as amended by subsection (a), shall not apply to funds directly appropriated to the Fund before the date of the enactment of this Act [Dec. 31, 2011].”

Effective Date of 2009 Amendment

Puspan. L. 111–84, div. A, title VIII, § 832(h), Oct. 28, 2009, 123 Stat. 2416, provided that:

“(1)Funding amendments.—The amendments made by subsections (a) through (c) [amending this section] shall take effect as of October 1, 2009.
“(2)Technical amendments.—The amendments made by subsections (f) and (g) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 28, 2009].”

Effective Date

Puspan. L. 110–181, div. A, title VIII, § 852(span), Jan. 28, 2008, 122 Stat. 250, provided that: Section 1705 of title 10, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Jan. 28, 2008].”

Guidance

Puspan. L. 115–91, div. A, title VIII, § 843(a)(2), Dec. 12, 2017, 131 Stat. 1480, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall issue, and submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the policy guidance required by subparagraph (E) of section 1705(e)(3) of title 10, United States Code, as added by paragraph (1).”

Plan Required for Temporary Members of Defense Acquisition Workforce

Puspan. L. 112–239, div. A, title VIII, § 803(c), Jan. 2, 2013, 126 Stat. 1825, as amended by Puspan. L. 116–92, div. A, title IX, § 902(14), Dec. 20, 2019, 133 Stat. 1544, provided that: “Not later than 180 days after the date of the enactment of this Act [Jan. 2, 2013], the Under Secretary of Defense for Acquisition and Sustainment shall develop a plan for the implementation of the authority provided by the amendments made by subsection (a) [amending this section] with regard to temporary members of the defense acquisition workforce. The plan shall include policy, criteria, and processes for designating temporary members and appropriate safeguards to prevent the abuse of such authority.”