Notes on 10 U.S.C. § 1701 : US Code - Notes

Search Notes on 10 U.S.C. § 1701 : US Code - Notes

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5,
1990, 104 Stat. 1638.)
EFFECTIVE DATE
Section 1211 of title XII of Pub. L. 101-510 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
Section 1201 of title XII of Pub. L. 101-510 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
Section 1210(a) of title XII of Pub. L. 101-510 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]."
GOVERNMENT PERFORMANCE OF CRITICAL ACQUISITION FUNCTIONS
Pub. L. 109-364, div. A, title VIII, Sec. 820, Oct. 17, 2006, 120
Stat. 2330, provided that:
"(a) Goal. - It shall be the goal of the Department of Defense
and each of the military departments to ensure that, within five
years after the date of the enactment of this Act [Oct. 17, 2006],
for each major defense acquisition program and each major automated
information system program, each of the following positions is
performed by a properly qualified member of the Armed Forces or
full-time employee of the Department of Defense:
"(1) Program manager.
"(2) Deputy program manager.
"(3) Chief engineer.
"(4) Systems engineer.
"(5) Cost estimator.
"(b) Plan of Action. - Not later than six months after the date
of enactment of this Act [Oct. 17, 2006], the Secretary of Defense
shall develop and begin implementation of a plan of action for
recruiting, training, and ensuring appropriate career development
of military and civilian personnel to achieve the objective
established in subsection (a). The plan of action required by this
subsection shall include specific, measurable interim milestones.
"(c) Reports. - Not later than one year after the date of the
enactment of this Act [Oct. 17, 2006] and each year thereafter, the
Secretary of Defense shall submit to the congressional defense
committees [Committees on Armed Services and Appropriations of the
Senate and the House of Representatives] a report on the progress
made by the Department of Defense and the military departments
toward achieving the goal established in subsection (a).
"(d) Definitions. - In this section:
"(1) The term 'major defense acquisition program' has the
meaning given such term in section 2430(a) of title 10, United
States Code.
"(2) The term 'major automated information system program' has
the meaning given such term in section 2445a(a) of title 10,
United States Code (as added by section 816 of this Act)."
DEMONSTRATION PROJECT RELATING TO CERTAIN PERSONNEL MANAGEMENT
POLICIES AND PROCEDURES
Pub. L. 104-106, div. D, title XLIII, Sec. 4308, Feb. 10, 1996,
110 Stat. 669, as amended by Pub. L. 105-85, div. A, title VIII,
Sec. 845, Nov. 18, 1997, 111 Stat. 1845; Pub. L. 107-314, div. A,
title VIII, Sec. 813(b), Dec. 2, 2002, 116 Stat. 2609; Pub. L. 108-
136, div. A, title XI, Sec. 1112, Nov. 24, 2003, 117 Stat. 1634,
provided that:
"(a) Commencement. - The Secretary of Defense is encouraged to
take such steps as may be necessary to provide for the commencement
of a demonstration project, the purpose of which would be to
determine the feasibility or desirability of one or more proposals
for improving the personnel management policies or procedures that
apply with respect to the acquisition workforce of the Department
of Defense and supporting personnel assigned to work directly with
the acquisition workforce.
"(b) Terms and Conditions. -
"(1) In general. - Except as otherwise provided in this
subsection, any demonstration project described in subsection (a)
shall be subject to section 4703 of title 5, United States Code,
and all other provisions of such title that apply with respect to
any demonstration project under such section.
"(2) Exceptions. - Subject to paragraph (3), in applying
section 4703 of title 5, United States Code, with respect to a
demonstration project described in subsection (a) -
"(A) '180 days' in subsection (b)(4) of such section shall be
deemed to read '120 days';
"(B) '90 days' in subsection (b)(6) of such section shall be
deemed to read '30 days'; and
"(C) subsection (d)(1) of such section shall be disregarded.
"(3) Conditions. - Paragraph (2) shall not apply with respect
to a demonstration project unless -
"(A) for each organization or team participating in the
demonstration project -
"(i) at least one-third of the workforce participating in
the demonstration project consists of members of the
acquisition workforce; and
"(ii) at least two-thirds of the workforce participating in
the demonstration project consists of members of the
acquisition workforce and supporting personnel assigned to
work directly with the acquisition workforce; and
"(B) the demonstration project commences before October 1,
2007.
"(c) Definition. - For purposes of this section, the term
'acquisition workforce' refers to the persons serving in
acquisition positions within the Department of Defense, as
designated pursuant to section 1721(a) of title 10, United States
Code.
"(d) Limitation on Number of Participants. - The total number of
persons who may participate in the demonstration project under this
section may not exceed 120,000.
"(e) Effect of Reorganizations. - The applicability of paragraph
(2) of subsection (b) to an organization or team shall not
terminate by reason that the organization or team, after having
satisfied the conditions in paragraph (3) of such subsection when
it began to participate in a demonstration project under this
section, ceases to meet one or both of the conditions set forth in
subparagraph (A) of such paragraph (3) as a result of a
reorganization, restructuring, realignment, consolidation, or other
organizational change.
"(f) Termination of Authority. - The authority to conduct a
demonstration program under this section shall terminate on
September 30, 2012."
EVALUATION BY COMPTROLLER GENERAL
Section 1208 of title XII of Pub. L. 101-510, as amended by Pub.
L. 102-25, title VII, Sec. 704(b)(2), Apr. 6, 1991, 105 Stat. 119;
Pub. L. 102-484, div. A, title VIII, Sec. 812(g), Oct. 23, 1992,
106 Stat. 2452; Pub. L. 104-106, div. A, title XV, Sec.
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, Sec. 1031(b)(1), Dec. 21,
1995, 109 Stat. 714.
DEADLINES FOR QUALIFICATION REQUIREMENTS
Section 1210(b) of Pub. L. 101-510 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)."