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

submitted 36 years ago by Pub. L. 101-510 to r/title-10-ARMED-FORCES · 552 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense must maintain a Defense Acquisition University structure for acquisition education, training, research, and analysis. The section addresses faculty, curriculum, research agreements, and appointment and tenure of the university president.

(a) The Secretary, through the Under Secretary for Acquisition and Sustainment, must establish and maintain the structure to provide professional education and training for the acquisition workforce and academic research and analysis of defense-acquisition policy. (b)(1) The Secretary may employ needed civilian professors, instructors, and lecturers. (2) The structure must include expert lecturers from “extramural institutions” (a term this section does not define), industry, or federally funded research and development centers, to improve workforce competence concerning commercial interests, acquisition innovations, and leading private-sector practices. (3) The Secretary sets their pay. (4) “Defense acquisition university” includes the Defense Systems Management College. (c) The university president must work with relevant Defense Department and military-department professional schools and degree-granting institutions and with “extramural institutions” to use best practices in curriculum development. (d)(1) For research and development under section 4001, the Secretary may make the contract, cooperative agreement, or grant through the University. (2) The University is treated as a Government-operated Federal laboratory under section 12 of the Stevenson-Wydler Technology Innovation Act. (e)(1) The Under Secretary must appoint the president. (2) In consultation with the Under Secretary for Research and Engineering and service acquisition executives, the Under Secretary must prioritize highly qualified candidates showing a combination of leadership, private-sector talent-development experience, and other qualifications, including defense-acquisition-system knowledge, emerging-technology and defense-application knowledge, partnership experience with States, national associations, and academia, and learning-technology experience. (3) The president’s tenure is up to five years, extendable by up to five more if necessary. This does not apply to the president serving January 1, 2025; that person may serve no more than three years from enactment of the Fiscal Year 2025 NDAA, with no extension.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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. 104–106, div. A, title XV, § 1503(a)(16), Feb. 10, 1996, 110 Stat. 512; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 111–383, div. A, title VIII, § 877(c)(1), (2)(A), Jan. 7, 2011, 124 Stat. 4306; Pub. L. 114–328, div. A, title II, § 214(b), Dec. 23, 2016, 130 Stat. 2048; Pub. L. 116–92, div. A, title VIII, § 861(c), title IX, § 902(23), Dec. 20, 2019, 133 Stat. 1516, 1545; Pub. L. 116–283, div. A, title X, § 1081(a)(32), title XVIII, § 1841(e)(1), Jan. 1, 2021, 134 Stat. 3872, 4244; Pub. L. 117–263, div. A, title VIII, § 832(a), Dec. 23, 2022, 136 Stat. 2712; Pub. L. 118–159, div. A, title VIII, § 831, Dec. 23, 2024, 138 Stat. 1984; Pub. L. 119–60, div. A, title VIII, § 822, Dec. 18, 2025, 139 Stat. 954.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-510 · 104 Stat. 1653
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1728
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 512
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1225
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4306
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2048
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1516, 1545
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3872, 4244
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2712
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 1984
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 954

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-510 on 1990-11-05.

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