10 U.S.C. § 1749 — Untitled legal text

Page 1582 TITLE 10—ARMED FORCES § 1749 1 So in original. Probably should be ‘‘emphasize—’’. 2 So in original. 3 So in original. Probably should be preceded by ‘‘subsection’’. Secretary of Defense for Acquisition, Technology, and Logistics’’. Statutory Notes and Related Subsidiaries DEADLINE FOR FULFILLMENT STANDARDS Pub. L. 111–383, div. A, title VIII, § 874(b)(3), Jan. 7, 2011, 124 Stat. 4305, provided that: ‘‘The fulfillment standards required under section 1748 of title 10, United States Code, as added by paragraph (1), shall be devel- oped not later than 270 days after the date of the enact- ment of this Act [Jan. 7, 2011].’’ § 1749. Field training for acquisition and sustainment (a) TRAINING PROGRAM.—Not later than 180 days after the date of the enactment of this sec- tion, the Under Secretary for Acquisition and Sustainment shall establish a training program that supports cross-functional personnel and contractors of the Department of Defense in- volved in any phase of the acquisition and sustainment lifecycle in making important deci- sions 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 estab- lished under subsection (a) shall— (1) create deployable training teams to coach the cross-functional personnel and con- tractors described in subsection (a) and facili- tate such personnel and contractors success- fully 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) pro- vides the support described under such para- graph with respect to a phase of an acquisition or sustainment effort until such phase is com- pleted or otherwise ends; (3) provide to the cross-functional personnel and contractors described in subsection (a) short, intermittent lessons on innovative ac- quisition and fielding procedures, flexible con- tracting 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) emphasizes— 1 (A) the acquisition of commercial prod- ucts, commercial services, and commercially available off-the-shelf items (as such terms are defined in sections 103, 103a, and 104, re- spectively, 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 path- ways 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 pro- gram— (1) include 2 at not less than one individual from the private sector or academia with ex- pertise in conducting commercial trans- actions; and (2) has excellent facilitation skills and can coach the cross-functional personnel and con- tractors described in subsection (a) on apply- ing the best practices to the formulation of ac- quisition and sustainment programs and con- tracts; (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 pro- gram established under subsection (a) can meet up to 80 hours of a continuous education require- ment 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 pro- gram established under subsection (a) with re- spect to acquisition and sustainment efforts of high importance or urgency to the military department; and (2) which the Under Secretary for Acquisi- tion and Sustainment shall use to develop the training material and procedures for the train- ing program. (f) FUNDING REQUIREMENTS.—The Under Sec- retary for Acquisition and Sustainment is au- thorized to use funds available for the Defense Acquisition University for civilian faculty mem- bers, contracts, and associated travel and ex- penses to carry out the training program estab- lished in (a) 3 starting in fiscal year 2025, and for fiscal years 2027 through fiscal year 2031— (1) not less than 25 percent of civilian fac- ulty members authorized under section 1746 of this title shall be detailed on a reimbursable basis to the training program established in (a) 3 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 (a),3 in- cluding the training of civilian faculty mem- bers 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 Com- mittees on Armed Services of the Senate and House of Representatives on the training pro- gram required under subsection (a), including— (1) the number and qualifications of civilian faculty members detailed to the training pro- gram under subsection (f)(1), including any training requirements they receive to facili- tate programs under the training program; (2) an identification of contractor or univer- sity support for the training program pursuant to subsection (f)(2); Page 1583 TITLE 10—ARMED FORCES § 1762 (3) a budget for the training program that meets the requirements of subsection (f); (4) the status and success of the pilot pro- gram; and (5) any additional information or rec- ommendations with respect to the training program that the Under Secretary of Defense for Acquisition and Sustainment determines appropriate. (Added Pub. L. 118–159, div. A, title VIII, § 832(a), Dec. 23, 2024, 138 Stat. 1984.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 118–159, which was approved Dec. 23, 2024. Section 834 of the William M. (Mac) Thornberry Na- tional Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (b)(4)(B), is section 834 of Pub. L. 116–283, which is set out as a note under section 4571 of this title. SUBCHAPTER V—GENERAL MANAGEMENT PROVISIONS Sec. 1761. Management information system. 1762. Demonstration project relating to certain ac- quisition personnel management policies and procedures. [1763. Repealed.] 1764. Authority to establish different minimum re- quirements. 1765. Competency development. 1766. Joint reserve detachment of the Defense In- novation Unit. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title XVIII, § 1878A(b), as added by Pub. L. 117–81, div. A, title XVII, § 1701(q)(2), Dec. 27, 2021, 135 Stat. 2149, added item 1766. Pub. L. 116–283, div. A, title X, § 1081(c)(4), Jan. 1, 2021, 134 Stat. 3873, amended Pub. L. 116–92, § 861(i)(2), effec- tive as if included therein. See 2019 Amendment note below. 2019—Pub. L. 116–92, div. A, title VIII, § 861(i)(2), Dec. 20, 2019, 133 Stat. 1519, as amended by Pub. L. 116–283, div. A, title X, § 1081(c)(4), Jan. 1, 2021, 134 Stat. 3873, added item 1765. 2011—Pub. L. 111–383, div. A, title VIII, § 872(a)(2), Jan. 7, 2011, 124 Stat. 4302, added item 1762. 2003—Pub. L. 108–136, div. A, title VIII, § 836(4), Nov. 24, 2003, 117 Stat. 1552, added item 1764 and struck out item 1763 ‘‘Reassignment of authority’’. 2001—Pub. L. 107–107, div. A, title X, § 1048(e)(7)(B), Dec. 28, 2001, 115 Stat. 1228, struck out items 1762 ‘‘Re- port to Secretary of Defense’’ and 1764 ‘‘Authority to establish different minimum experience requirements’’. § 1761. Management information system (a) IN GENERAL.—The Secretary of Defense shall prescribe regulations to ensure that the military departments and Defense Agencies es- tablish a management information system capa- ble of providing standardized information to the Secretary on persons serving in acquisition posi- tions. (b) MINIMUM INFORMATION.—The management information system shall, at a minimum, pro- vide for the following: (1) The collection and retention of informa- tion concerning the qualifications, assign- ments, and tenure of persons in the acquisi- tion workforce. (2) Any exceptions and waivers granted with respect to the application of qualification, as- signment, and tenure policies, procedures, and practices to such persons. (3) Relative promotion rates for military personnel in the acquisition workforce. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1653; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 108–375, div. A, title X, § 1084(d)(15), Oct. 28, 2004, 118 Stat. 2062.) Editorial Notes AMENDMENTS 2004—Subsec. (b). Pub. L. 108–375 substituted ‘‘provide for the following:’’ for ‘‘provide for—’’ in introductory provisions, capitalized first letter of first word in pars. (1) to (3), substituted period for semicolon at end in pars. (1) and (2), substituted period for ‘‘; and’’ at end in par. (3), and struck out par. (4) which read as follows: ‘‘collection of the information necessary for the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Secretary of Defense to comply with the requirements of section 1762 for the years in which that section is in effect.’’ 2001—Subsec. (b)(4). Pub. L. 107–107 substituted ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’ for ‘‘Under Secretary of Defense for Acquisition and Technology’’. 1993—Subsec. (b)(4). Pub. L. 103–160 substituted ‘‘Under Secretary of Defense for Acquisition and Tech- nology’’ for ‘‘Under Secretary of Defense for Acquisi- tion’’. Statutory Notes and Related Subsidiaries ESTABLISHMENT OF MANAGEMENT INFORMATION SYSTEM Pub. L. 101–510, div. A, title XII, § 1209(k), Nov. 5, 1990, 104 Stat. 1667, required the Secretary of Defense to pre- scribe in regulations the requirements under this sec- tion for the uniform management information system by Oct. 1, 1991, and ensure that the requirements were implemented by Oct. 1, 1992. § 1762. Demonstration project relating to certain acquisition personnel management policies and procedures (a) COMMENCEMENT.—The Secretary of Defense is authorized to carry out a demonstration project, the purpose of which is to determine the feasibility or desirability of one or more pro- posals 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) Except as oth- erwise provided in this subsection, any dem- onstration project described in subsection (a) shall be subject to section 4703 of title 5 and all other provisions of such title that apply with re- spect to any demonstration project under such section. (2) Subject to paragraph (3), in applying sec- tion 4703 of title 5 with respect to a demonstra- tion project described in subsection (a)— (A) ‘‘180 days’’ in subsection (b)(4) of such section shall be deemed to read ‘‘120 days’’;