USC Subchapter IV

USC Subchapter IV
in effect

10 U.S.C. § 1741 Policies and programs: establishment and implementation

(a) Policies and Procedures.—The Secretary of Defense shall establish policies and procedures for the establishment and implementation of the education and training programs authorized by this subchapter. (b) Funding Levels.—The Under Secretary of Defense for Acquisition and Sustainment each year shall recommend to the Secretary of Defense the funding levels to be requested in the defense budget to implement the education and training programs under this subchapter. The Secretary of Defense shall set forth separately the funding levels requested for such programs in the Department of Defense budget justification documents submitted in support of the President’s budget submitted to Congress under section 1105 of title 31. (c) Programs.—The Secretary of each military department, acting through the service acquisition executive for that department, shall establish and implement the education and training programs authorized by this subchapter. In carrying out such requirement, the Secretary concerned shall ensure that such programs are established and implemented throughout the military department concerned and, to the maximum extent practicable, uniformly with the programs of the other military departments.

10 U.S.C. § 1742 Internship, cooperative education, and scholarship programs

(a) Programs.—The Secretary of Defense shall conduct the following education and training programs:(1) An intern program for purposes of providing highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into acquisition positions in the Department of Defense. (2) A cooperative education credit program under which the Secretary arranges, through cooperative arrangements entered into with one or more accredited institutions of higher education, for such institutions to grant undergraduate credit for work performed by students who are employed by the Department of Defense in acquisition positions. (3) A scholarship program for the purpose of qualifying personnel for acquisition positions in the Department of Defense. (b) Scholarship Program Requirements.—Each recipient of a scholarship under a program conducted under subsection (a)(3) shall be required to sign a written agreement that sets forth the terms and conditions of the scholarship. The agreement shall be in a form prescribed by the Secretary and shall include terms and conditions, including terms and conditions addressing reimbursement in the event that a recipient fails to fulfill the requirements of the agreement, that are comparable to those set forth as a condition for providing advanced education assistance under section 2005. The obligation to reimburse the United States under an agreement under this subsection is, for all purposes, a debt owing the United States.

10 U.S.C. § 1743 Awards to recognize members of the acquisition workforce

(a) Establishment.—The President of the Defense Acquisition University shall establish two programs to provide awards to recognize members of the acquisition workforce as follows:(1) An award of not more than $5,000 to such members who use an iterative writing process to document a first-hand account of using independent judgment to overcome an obstacle the member faced while working within the defense acquisition system (as defined in section 3001 of this title). (2) An award of not more than $5,000 to such members who 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) Number of Awards.—(1) In general.—The President of the Defense Acquisition University may make not more than five awards under subsection (a)(1) and one award under subsection (a)(2) each year. (2) Limitation.—A member of the acquisition workforce may receive one award each year. (c) Requirements for Writing Award.—(1) Submission required.—A member of the acquisition workforce desiring an award under subsection (a)(1) shall submit to the President of the Defense Acquisition University the first-hand account described in such subsection. Such first-hand account shall demonstrate—(A) an original and engaging idea documenting the use of independent judgment to overcome an obstacle the recipient faced while working within the defense acquisition system; and (B) the use of an iterative writing process, including evidence of—(i) critical thinking; (ii) incorporation of feedback from diverse perspectives; and (iii) editing to achieve plain writing (as defined in section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 note)). (2) Website.—The President of the Defense Acquisition University shall establish and maintain a website to serve as a repository for submissions made under paragraph (1). Such website shall allow for public comments and discussion. (d) Requirements for Flexibility Award.—A member of the acquisition workforce desiring an award under subsection (a)(2) shall submit to the President of the Defense Acquisition University documentation that such member uses approaches to program management that emphasize innovation and local adaptation, including the use of—(1) simplified acquisition procedures; (2) inherent flexibilities within the Federal Acquisition Regulation; (3) commercial contracting approaches; (4) public-private partnership agreements and practices; (5) cost-sharing arrangements; (6) innovative contractor incentive practices; or (7) other innovative implementations of acquisition flexibilities. (e) Funding.—The Secretary of Defense shall use funds from the Defense Acquisition Workforce Development Account to carry out this section.

10 U.S.C. § 1745 Additional education and training programs available to acquisition personnel

(a) Tuition Reimbursement and Training.—(1) The Secretary of Defense shall provide for tuition reimbursement and training (including a full-time course of study leading to a degree) for acquisition personnel in the Department of Defense. (2) For civilian personnel, the reimbursement and training shall be provided under section 4107(b) of title 5 for the purposes described in that section. For purposes of such section 4107(b), there is deemed to be, until September 30, 2010, a shortage of qualified personnel to serve in acquisition positions in the Department of Defense. (3) In the case of members of the armed forces, the limitation in section 2007(a) of this title shall not apply to tuition reimbursement and training provided for under this subsection. (b) Repayment of Student Loans.—The Secretary of Defense may repay all or part of a student loan under section 5379 of title 5 for an employee of the Department of Defense appointed to an acquisition position.

10 U.S.C. § 1746 Defense Acquisition University

(a) Defense Acquisition University Structure.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and maintain a defense acquisition university structure to provide for—(1) the professional educational development and training of the acquisition workforce; and (2) research and analysis of defense acquisition policy issues from an academic perspective. (b) Civilian Faculty Members.—(1) The Secretary of Defense may employ as many civilians as professors, instructors, and lecturers in the defense acquisition university structure as the Secretary considers necessary. (2) The Secretary of Defense shall ensure the defense acquisition university structure includes relevant expert lecturers from extramural institutions (as defined in section 1746a(g) of this title), industry, or federally funded research and development centers to advance acquisition workforce competence regarding commercial business interests, acquisition process-related innovations, and other relevant leading practices of the private sector. (3) The compensation of persons employed under this subsection shall be as prescribed by the Secretary. (4) In this subsection, the term “defense acquisition university” includes the Defense Systems Management College. (c) Curriculum Development.—The President of the Defense Acquisition University shall work with the relevant professional schools and degree-granting institutions of the Department of Defense and military departments, and with extramural institutions (as defined in section 1746a(g) of this title), to ensure that best practices are used in curriculum development to support acquisition workforce positions. (d) Cooperative Research and Development Agreements.—(1) In engaging in research and development projects pursuant to subsection (a) of section 4001 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary may enter into such contract or cooperative agreement or award such grant through the Defense Acquisition University. (2) The Defense Acquisition University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). (e) President Appointment.—(1) The Under Secretary of Defense for Acquisition and Sustainment shall appoint the President of the Defense Acquisition University. (2) When determining who to appoint under paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Under Secretary of Defense for Research and Engineering and the service acquisition executives, prioritize highly qualified candidates who demonstrate a combination of the following:(A) Leadership abilities. (B) Experience using leading practices to develop talent in the private sector. (C) Other qualifying factors, including experience with and an understanding of the defense acquisition system (as defined in section 3001 of this title), an understanding of emerging technologies and the defense applications of such technologies, experience partnering with States, national associations, and academia, and experience with learning technologies. (3) The tenure of the President of the Defense Acquisition University shall be not more than five years, unless the Under Secretary of Defense for Acquisition and Sustainment determines it necessary to extend the tenure for up to an additional five years. The preceding sentence does not apply to the President of the Defense Acquisition University serving on January 1, 2025, who shall serve a maximum tenure of three years beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025 without an option for extension of such tenure.

10 U.S.C. § 1746a Acquisition workforce educational partnerships

(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to—(1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 4142 of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense; (2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce; (3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking; (4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce; (5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and (6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by—(A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 4142 of this title; (B) supporting the preparation and drafting of the reports required under subsection (f)(2); and (C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period. (b) Senior Official.—Not later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section. (c) Support From Other Department of Defense Organizations.—The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate. (d) Funding.—Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section. (e) Annual Reports.—Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted. (f) Exemption to Report Termination Requirements.—Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section. (g) Definitions.—In this section:(1) Acquisition workforce.—The term “acquisition workforce” has the meaning given such term in section 1705(g) of this title. (2) Extramural institutions.—The term “extramural institutions” means participants in an activity established under section 4142 of this title, public sector organizations, and nonprofit credentialing organizations.

10 U.S.C. § 1747 Acquisition fellowship program

(a) Establishment.—The Secretary of Defense shall establish and carry out an acquisition fellowship program in accordance with this section in order to enhance the ability of the Department of Defense to recruit employees who are highly qualified in fields of acquisition. (b) Number of Fellowships.—The Secretary of Defense may designate up to 25 prospective employees of the Department of Defense as acquisition fellows. (c) Eligibility.—In order to be eligible for designation as an acquisition fellow, an employee—(1) must complete at least 2 years of Federal Government service as an employee in an acquisition position in the Department of Defense; and (2) must be serving in an acquisition position in the Department of Defense that involves the performance of duties likely to result in significant restrictions under law on the employment activities of that employee after leaving Government service. (d) Two-Year Period of Research and Teaching.—Under the fellowship program, the Secretary of Defense shall pay designated acquisition fellows to engage in research or teaching for a 2-year period in a field related to Federal Government acquisition policy. Such research or teaching may be conducted in the defense acquisition university structure of the Department of Defense, any other institution of professional education of the Federal Government, or a nonprofit institution of higher education. Each fellow shall be paid at a rate equal to the rate of pay payable for the level of the position in which the fellow served in the Department of Defense before undertaking such research or teaching.

10 U.S.C. § 1748 Fulfillment standards for acquisition workforce training

The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop fulfillment standards, and implement and maintain a program, for purposes of the training requirements of sections 1723, 1724, and 1735 of this title. Such fulfillment standards shall consist of criteria for determining whether an individual has demonstrated competence in the areas that would be taught in the training courses required under those sections. If an individual meets the appropriate fulfillment standard, the applicable training requirement is fulfilled.

10 U.S.C. § 1749 Field training for acquisition and sustainment

(a) Training Program.—Not later than 180 days after the date of the enactment of this section, the Under Secretary for Acquisition and Sustainment shall establish a training program that supports cross-functional personnel and contractors of the Department of Defense involved in any phase of the acquisition and sustainment lifecycle in making important decisions with respect to acquisition or sustainment, including requirements validation, the development of an acquisition strategy, awarding contracts, and ongoing management of performance and governance. (b) Elements.—The training program established under subsection (a) shall—(1) create deployable training teams to coach the cross-functional personnel and contractors described in subsection (a) and facilitate such personnel and contractors successfully completing a phase of an acquisition or sustainment effort with the same training team to the maximum extent possible; (2) to the extent practicable, ensure that the same training team under paragraph (1) provides the support described under such paragraph with respect to a phase of an acquisition or sustainment effort until such phase is completed or otherwise ends; (3) provide to the cross-functional personnel and contractors described in subsection (a) short, intermittent lessons on innovative acquisition and fielding procedures, flexible contracting frameworks, and business negotiation skills that are timed to align the topics of the lessons to relevant activities under a phase of an acquisition or sustainment effort; (4) emphasize—(A) the acquisition of commercial products, commercial services, and commercially available off-the-shelf items (as such terms are defined in sections 103, 103a, and 104, respectively, of title 41); (B) technology procured “as-a-service” or as a consumption-based solution (as defined in section 834 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 4571 note)); and (C) using the middle tier acquisition pathways under section 3602 of this title and the pathways under section 3603 of this title; and (5) include a process for collecting feedback on the training program and performance of the training teams to improve the training program. (c) Training Team Requirements.—Each training team created under the training program shall—(1) include at not less than one individual from the private sector or academia with expertise in conducting commercial transactions; and (2) have excellent facilitation skills and the ability to coach the cross-functional personnel and contractors described in subsection (a) on applying the best practices to the formulation of acquisition and sustainment programs and contracts; (d) Certification.—The Under Secretary of Defense for Acquisition and Sustainment shall ensure that each member of the acquisition workforce who participates in the training program established under subsection (a) can meet up to 80 hours of a continuous education requirement established under section 1723 of this title by participating in the training program. (e) Pilot Program.—During fiscal year 2025, the Secretary of each military department shall carry out not less than one pilot program—(1) under which the military department shall receive support under the training program established under subsection (a) with respect to acquisition and sustainment efforts of high importance or urgency to the military department; and (2) which the Under Secretary for Acquisition and Sustainment shall use to develop the training material and procedures for the training program. (f) Funding Requirements.—The Under Secretary for Acquisition and Sustainment is authorized to use funds available for the Defense Acquisition University for civilian faculty members, contracts, and associated travel and expenses to carry out the training program established in subsection (a) starting in fiscal year 2025, and for fiscal years 2027 through fiscal year 2031—(1) not less than 25 percent of civilian faculty members authorized under section 1746 of this title shall be detailed to the training program established in subsection (a) for a minimum of half of their time; and (2) not less than 25 percent of all contract or agreement obligations in support of Defense Acquisition University shall be reserved for the training program established in subsection (a), including the training of civilian faculty members to facilitate programs under the training program. (g) Report.—Not later than November 1, 2026, the Under Secretary for Acquisition and Sustainment shall provide a report to the Committees on Armed Services of the Senate and House of Representatives on the training program required under subsection (a), including—(1) the number and qualifications of civilian faculty members detailed to the training program under subsection (f)(1), including any training requirements they receive to facilitate programs under the training program; (2) an identification of contractor or university support for the training program pursuant to subsection (f)(2); (3) a budget for the training program that meets the requirements of subsection (f); (4) the status and success of the pilot program; and (5) any additional information or recommendations with respect to the training program that the Under Secretary of Defense for Acquisition and Sustainment determines appropriate.

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