2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 87 - DEFENSE ACQUISITION WORKFORCE (§§ 1701 - 1764)
Subchapter I - GENERAL AUTHORITIES AND RESPONSIBILITIES (§§ 1701 - 1707)
Section 1705 - Department of Defense Acquisition Workforce Development Fund
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 87 - DEFENSE ACQUISITION WORKFORCE SUBCHAPTER I - GENERAL AUTHORITIES AND RESPONSIBILITIES Sec. 1705 - Department of Defense Acquisition Workforce Development Fund |
Contains | section 1705 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 110-181, div. A, title VIII, §852(a)(1), Jan. 28, 2008, 122 Stat. 248; amended Pub. L. 110-417, [div. A], title VIII, §833, Oct. 14, 2008, 122 Stat. 4535; Pub. L. 111-84, div. A, title VIII, §§831, 832(a)-(g), Oct. 28, 2009, 123 Stat. 2414, 2415; Pub. L. 112-81, div. A, title VIII, §804(a), Dec. 31, 2011, 125 Stat. 1486. |
Statutes at Large References | 104 Stat. 1639 117 Stat. 1549 122 Stat. 248, 4535, 250 123 Stat. 2414, 2416 125 Stat. 1486 |
Public Law References | Public Law 101-510, Public Law 108-136, Public Law 110-181, Public Law 110-417, Public Law 111-84, Public Law 112-81 |
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(a)
(b)
(c)
(d)
(1)
(A) Amounts credited to the Fund under paragraph (2).
(B) Amounts transferred to the Fund pursuant to paragraph (3).
(C) Any other amounts appropriated to, credited to, or deposited into the Fund by law.
(2)
(B) Subject to paragraph (4), not later than 30 days after the end of the first quarter of each fiscal year, the head of each military department and Defense Agency shall remit to the Secretary of Defense, from amounts available to such military department or Defense Agency, as the case may be, for contract services for operation and maintenance, an amount equal to the applicable percentage for such fiscal year of the amount expended by such military department or Defense Agency, as the case may be, during such fiscal year for services covered by subparagraph (A). Any amount so remitted shall be credited to the Fund under subparagraph (A).
(C) For purposes of this paragraph, the applicable percentage for a fiscal year is the percentage that results in the credit to the Fund in such fiscal year of an amount as follows:
(i) For fiscal year 2010, $100,000,000.
(ii) For fiscal year 2011, $770,000,000.
(iii) For fiscal year 2012, $900,000,000.
(iv) For fiscal year 2013, $1,180,000,000.
(v) For fiscal year 2014, $1,330,000,000.
(vi) For fiscal year 2015, $1,470,000,000.
(D) The Secretary of Defense may reduce an 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 80 percent of the amount otherwise specified in subparagraph (C) for such fiscal year.
(3)
(4)
(B) Any remittance of amounts to the Fund for a fiscal year under paragraph (2) shall be subject to the availability of appropriations for that purpose.
(e)
(1)
(2)
(3)
(A) identifying areas of need in the acquisition workforce for which amounts in the Fund may be used, including—
(i) changes to the types of skills needed in the acquisition workforce;
(ii) incentives to retain in the acquisition workforce qualified, experienced acquisition workforce personnel; and
(iii) incentives for attracting new, high-quality personnel to the acquisition workforce;
(B) describing the manner and timing for applications for amounts in the Fund to be submitted;
(C) describing the evaluation criteria to be used for approving or prioritizing applications for amounts in the Fund in any fiscal year; and
(D) describing measurable objectives of performance for determining whether amounts in the Fund are being used in compliance with this section.
(4)
(5)
(6)
(f)
(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.
(g)
(h)
(1) For purposes of sections 3304, 5333, and 5753 of title 5, the Secretary of Defense may—
(A) designate any category of acquisition workforce positions as positions for which there exists a shortage of candidates or there is a critical hiring need; and
(B) utilize the authorities in such sections to recruit and appoint qualified persons directly to positions so designated.
(2) The Secretary may not appoint a person to a position of employment under this subsection after September 30, 2015.
(Added Pub. L. 110–181, div. A, title VIII, §852(a)(1), Jan. 28, 2008, 122 Stat. 248; amended Pub. L. 110–417, [div. A], title VIII, §833, Oct. 14, 2008, 122 Stat. 4535; Pub. L. 111–84, div. A, title VIII, §§831, 832(a)–(g), Oct. 28, 2009, 123 Stat. 2414, 2415; Pub. L. 112–81, div. A, title VIII, §804(a), Dec. 31, 2011, 125 Stat. 1486.)
Prior ProvisionsA prior section 1705, added Pub. 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 Pub. L. 108–136, div. A, title VIII, §831(a), Nov. 24, 2003, 117 Stat. 1549.
Amendments2011—Subsec. (e)(6). Pub. 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). Pub. L. 111–84, §832(g)(1), inserted “Development” after “Workforce”.
Subsec. (d)(1)(B), (C). Pub. L. 111–84, §832(a)(1), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (d)(2)(A). Pub. L. 111–84, §832(b), 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). Pub. 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”.
Pub. 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). Pub. 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). Pub. L. 111–84, §832(a)(2), added par. (3).
Subsec. (d)(4). Pub. L. 111–84, §832(d)(2)(B), added par. (4).
Subsec. (e)(5). Pub. 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). Pub. L. 111–84, §832(g)(2), struck out “beginning with fiscal year 2008” after “each fiscal year” in introductory provisions.
Subsec. (h)(1). Pub. L. 111–84, §831(c), struck out “United States Code,” after “title 5,” in introductory provisions.
Subsec. (h)(1)(A). Pub. 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). Pub. L. 111–84, §831(a)(2), struck out “highly” after “appoint”.
Subsec. (h)(2). Pub. L. 111–84, §831(b), substituted “September 30, 2015” for “September 30, 2012”.
2008—Subsec. (h). Pub. L. 110–417 added subsec. (h).
Effective Date of 2011 AmendmentPub. L. 112–81, div. A, title VIII, §804(b), 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 AmendmentPub. L. 111–84, div. A, title VIII, §832(h), Oct. 28, 2009, 123 Stat. 2416, provided that:
“(1)
“(2)
Pub. L. 110–181, div. A, title VIII, §852(b), 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].”
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