References in Text
Section 2545 of this title, referred to in subsec. (b)(2), was transferred to sections 3001 and 3101 of this title, and amended, by Pub. L. 116–283, div. A, title XVIII, §§ 1806(a)(2)–(4), 1808(a)(2), Jan. 1, 2021, 134 Stat. 4152, 4159. The term “defense acquisition system” is defined in section 3001.
2021—Subsec. (a)(4). Pub. L. 116–283, § 1808(d)(2), substituted “chapter 205” for “chapter 149”.
Subsec. (b)(2). Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2545”, which was redesignated as multiple sections.
Subsec. (b)(6). Pub. L. 116–283, § 1081(a)(31)(A), substituted a semicolon for the period at end.
Subsec. (c). Pub. L. 116–283, § 1081(a)(31)(B), struck out par. (1) heading “In General” and par. (2) heading “Requirements for Secretary”.
2019—Subsec. (b)(4). Pub. L. 116–92, § 861(e)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “develop attractive career paths;”.
Subsec. (b)(5). Pub. L. 116–92, § 861(a)(2)(A), substituted “direct” for “encourage”.
Subsec. (b)(6). Pub. L. 116–92, § 861(a)(3)(B), added par. (6). Former par. (6) redesignated (7).
Pub. L. 116–92, § 861(a)(2)(B), inserted “and consequences” after “warnings”.
Subsec. (b)(7) to (10). Pub. L. 116–92, § 861(a)(3)(A), redesignated pars. (6) to (9) as (7) to (10), respectively.
Subsecs. (c) to (e). Pub. L. 116–92, § 861(a)(1), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Statutory Notes and Related Subsidiaries
Deadline for Implementation of Procedures To Institute Certification Program
Pub. L. 116–92, div. A, title VIII, § 861(a)(5), Dec. 20, 2019, 133 Stat. 1516, provided that:
“The Secretary of Defense
shall implement procedures to institute the program required by subsection (c) of section 1701a of title 10
, United States Code, as added by paragraph (1), not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019
Deadline for Implementation of Career Paths
Pub. L. 116–92, div. A, title VIII, § 861(e)(3), Dec. 20, 2019, 133 Stat. 1517, provided that:
“Not later than the end of the two-year period beginning on the date of the enactment of this Act [Dec. 20, 2019
], the Secretary of Defense
shall carry out the requirements of paragraph (4) of section 1701a(b) of title 10
, United States Code (as amended by paragraph (1)).”
Flexibility in Contracting Award Program
Pub. L. 114–328, div. A, title VIII, § 834, Dec. 23, 2016, 130 Stat. 2285, provided that:
“(a) Establishment of Award Program.—
The Secretary of Defense shall create an award to recognize those acquisition programs and professionals that make the best use of the flexibilities and authorities granted by the Federal Acquisition Regulation and Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System).
“(b) Purpose of Award.—The award established under subsection (a) shall recognize outstanding performers whose approach to program management emphasizes innovation and local adaptation, including the use of—
simplified acquisition procedures;
inherent flexibilities within the Federal Acquisition Regulation;
commercial contracting approaches;
public-private partnership agreements and practices;
innovative contractor incentive practices; and
other innovative implementations of acquisition flexibilities.”
Awards for Department of Defense Personnel for Excellence in the Acquisition of Products and Services
Pub. L. 111–23, title III, § 301, May 22, 2009, 123 Stat. 1730, provided that:
“(a) In General.—
Not later than 180 days after the date of the enactment of this Act [May 22, 2009], the Secretary of Defense shall commence carrying out a program to recognize excellent performance by individuals and teams of members of the Armed Forces and civilian personnel of the Department of Defense in the acquisition of products and services for the Department of Defense.
“(b) Elements.—The program required by subsection (a) shall include the following:
Procedures for the nomination by the personnel of the military departments and the Defense Agencies of individuals and teams of members of the Armed Forces and civilian personnel of the Department of Defense for eligibility for recognition under the program.
Procedures for the evaluation of nominations for recognition under the program by one or more panels of individuals from the Government, academia, and the private sector who have such expertise, and are appointed in such manner, as the Secretary shall establish for purposes of the program.
“(c) Award of Cash Bonuses.—
As part of the program required by subsection (a), the Secretary may award to any individual recognized pursuant to the program a cash bonus authorized by any other provision of law to the extent that the performance of such individual so recognized warrants the award of such bonus under such provision of law.”