10 U.S.C. § 1748 — Fulfillment standards for acquisition

Page 1581 TITLE 10—ARMED FORCES § 1748 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 estab- lished under section 1705 of this title) to carry out the requirements of this section. (e) ANNUAL REPORTS.—Not later than Sep- tember 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 de- scribing the activities conducted under this sec- tion during the one-year period ending on the date on which such report is submitted. (f) EXEMPTION TO REPORT TERMINATION RE- QUIREMENTS.—Section 1080(a) of the National De- fense 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 Na- tional 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 ‘‘ac- quisition 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. (Added Pub. L. 117–81, div. A, title VIII, § 801(a), Dec. 27, 2021, 135 Stat. 1811; amended Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.) Editorial Notes REFERENCES IN TEXT The enactment of this section, referred to in subsec. (b), probably means the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021. AMENDMENTS 2021—Subsecs. (a)(1), (6)(A), (g)(2). Pub. L. 116–283 sub- stituted ‘‘section 4142’’ for ‘‘section 2361a’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 1747. Acquisition fellowship program (a) ESTABLISHMENT.—The Secretary of Defense shall establish and carry out an acquisition fel- lowship program in accordance with this section in order to enhance the ability of the Depart- ment 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 ac- quisition fellows. (c) ELIGIBILITY.—In order to be eligible for des- ignation as an acquisition fellow, an employee— (1) must complete at least 2 years of Federal Government service as an employee in an ac- quisition position in the Department of De- fense; and (2) must be serving in an acquisition posi- tion in the Department of Defense that in- volves the performance of duties likely to re- sult in significant restrictions under law on the employment activities of that employee after leaving Government service. (d) TWO-YEAR PERIOD OF RESEARCH AND TEACH- ING.—Under the fellowship program, the Sec- retary of Defense shall pay designated acquisi- tion 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 ac- quisition university structure of the Depart- ment of Defense, any other institution of profes- sional 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. (Added Pub. L. 102–484, div. A, title VIII, § 841(a), Oct. 23, 1992, 106 Stat. 2468, § 2410h; renumbered § 1747, Pub. L. 107–314, div. A, title X, § 1062(a)(10)(A), Dec. 2, 2002, 116 Stat. 2650.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–314 renumbered section 2410h of this title as this section. § 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 stand- ards, and implement and maintain a program, for purposes of the training requirements of sec- tions 1723, 1724, and 1735 of this title. Such ful- fillment standards shall consist of criteria for determining whether an individual has dem- onstrated competence in the areas that would be taught in the training courses required under those sections. If an individual meets the appro- priate fulfillment standard, the applicable train- ing requirement is fulfilled. (Added Pub. L. 111–383, div. A, title VIII, § 874(b)(1), Jan. 7, 2011, 124 Stat. 4304; amended Pub. L. 116–92, div. A, title IX, § 902(24), Dec. 20, 2019, 133 Stat. 1545.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 105–85, div. A, title VIII, § 853, Nov. 18, 1997, 111 Stat. 1851, which was set out as a note under section 1723 of this title, prior to repeal by Pub. L. 111–383, § 874(b)(4). AMENDMENTS 2019—Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under 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);