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

Page 1574 TITLE 10—ARMED FORCES § 1741 analysis for chapter 87 of this title by adding item 1749 after item 1748, was executed to analysis for this sub- chapter to reflect the probable intent of Congress. 2022—Pub. L. 117–263, div. A, title VIII, § 801(b), Dec. 23, 2022, 136 Stat. 2693, which directed amendment of analysis for chapter 87 of this title by adding item 1743 after item 1742, was executed to analysis for this sub- chapter to reflect the probable intent of Congress. 2021—Pub. L. 117–81, div. A, title VIII, § 801(b), Dec. 27, 2021, 135 Stat. 1812, added item 1746a. 2011—Pub. L. 111–383, div. A, title VIII, §§ 874(b)(2), 877(c)(2)(B), Jan. 7, 2011, 124 Stat. 4305, 4306, substituted ‘‘Defense Acquisition University’’ for ‘‘Defense acquisi- tion university structure’’ in item 1746 and added item 1748. 2003—Pub. L. 108–136, div. A, title VIII, § 836(3), Nov. 24, 2003, 117 Stat. 1552, substituted ‘‘Internship, coopera- tive education, and scholarship programs’’ for ‘‘Intern program’’ in item 1742 and struck out items 1743 ‘‘Coop- erative education program’’ and 1744 ‘‘Scholarship pro- gram’’. 2002—Pub. L. 107–314, div. A, title X, § 1062(a)(10)(B), Dec. 2, 2002, 116 Stat. 2650, transferred former item 2410h from chapter 141 to this subchapter and redesignated it as item 1747. § 1741. Policies and programs: establishment and implementation (a) POLICIES AND PROCEDURES.—The Secretary of Defense shall establish policies and proce- dures for the establishment and implementation of the education and training programs author- ized by this subchapter. (b) FUNDING LEVELS.—The Under Secretary of Defense for Acquisition and Sustainment each year shall recommend to the Secretary of De- fense 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 justifica- tion documents submitted in support of the President’s budget submitted to Congress under section 1105 of title 31. (c) PROGRAMS.—The Secretary of each mili- tary department, acting through the service ac- quisition executive for that department, shall establish and implement the education and training programs authorized by this sub- chapter. In carrying out such requirement, the Secretary concerned shall ensure that such pro- grams are established and implemented throughout the military department concerned and, to the maximum extent practicable, uni- formly with the programs of the other military departments. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1651; 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. 116–92, div. A, title IX, § 902(22), Dec. 20, 2019, 133 Stat. 1545.) Editorial Notes AMENDMENTS 2019—Subsec. (b). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’. 2001—Subsec. (b). Pub. L. 107–107 substituted ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ for ‘‘Under Secretary of Defense for Acquisi- tion and Technology’’. 1993—Subsec. (b). Pub. L. 103–160 substituted ‘‘Under Secretary of Defense for Acquisition and Technology’’ for ‘‘Under Secretary of Defense for Acquisition’’. Statutory Notes and Related Subsidiaries SOFTWARE DEVELOPMENT AND SOFTWARE ACQUISITION TRAINING AND MANAGEMENT PROGRAMS Pub. L. 116–92, div. A, title VIII, § 862, Dec. 20, 2019, 133 Stat. 1520, provided that: ‘‘(a) ESTABLISHMENT OF SOFTWARE DEVELOPMENT AND SOFTWARE ACQUISITION TRAINING AND MANAGEMENT PROGRAMS.— ‘‘(1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisi- tion and Sustainment and in consultation with the Under Secretary of Defense for Research and Engi- neering, the Under Secretary of Defense for Personnel and Readiness, and the Chief Information Officer of the Department of Defense, shall establish software development and software acquisition training and management programs for all software acquisition professionals, software developers, and other appro- priate individuals (as determined by the Secretary of Defense), to earn a certification in software develop- ment and software acquisition. ‘‘(2) PROGRAM CONTENTS.—The programs established under paragraph (1) shall— ‘‘(A) develop and expand the use of specialized training programs for chief information officers of the military departments and the Defense Agencies, service acquisition executives, program executive officers, and program managers to include training on and experience in— ‘‘(i) continuous software development; and ‘‘(ii) acquisition pathways available to acquire software; ‘‘(B) ensure that appropriate program managers— ‘‘(i) have demonstrated competency in current software processes; ‘‘(ii) have the skills to lead a workforce that can quickly meet challenges, use software tools that prioritize continuous or frequent upgrades as such tools become available, take up opportuni- ties provided by new innovations, and plan soft- ware activities in short iterations to learn from risks of software testing; and ‘‘(iii) have the experience and training to dele- gate technical oversight and execution decisions; and ‘‘(C) include continuing education courses, ex- changes with private-sector organizations, and ex- periential training to help individuals maintain skills learned through the programs. ‘‘(b) REPORTS.— ‘‘(1) REPORTS REQUIRED.—The Secretary shall sub- mit to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]— ‘‘(A) not later than 90 days after the date of the enactment of this Act [Dec. 20, 2019], an initial re- port; and ‘‘(B) not later than one year after the date of the enactment of this Act, a final report. ‘‘(2) CONTENTS.—Each report required under para- graph (1) shall include— ‘‘(A) the status of implementing the software de- velopment and software acquisition training and management programs established under sub- section (a)(1); ‘‘(B) a description of the requirements for certifi- cation, including the requirements for com- petencies in current software processes; ‘‘(C) a description of potential career paths in software development and software acquisition within the Department of Defense; ‘‘(D) an independent assessment conducted by the Defense Innovation Board of the progress made on Page 1575 TITLE 10—ARMED FORCES § 1742 implementing the programs established under sub- section (a)(1); and ‘‘(E) any recommendations for changes to exist- ing law to facilitate the implementation of the pro- grams established under subsection (a)(1). ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) PROGRAM EXECUTIVE OFFICER; PROGRAM MAN- AGER.—The terms ‘program executive officer’ and ‘program manager’ have the meanings given those terms, respectively, in section 1737 of title 10, United States Code. ‘‘(2) SERVICE ACQUISITION EXECUTIVE.—The terms ‘military department’, ‘Defense Agency’, and ‘service acquisition executive’ have the meanings given those terms, respectively, in section 101 of title 10, United States Code. ‘‘(3) MAJOR DEFENSE ACQUISITION PROGRAM.—The term ‘major defense acquisition program’ has the meaning given in section 2430 of title 10, United States Code [now 10 U.S.C. 4201]. ‘‘(4) DEFENSE BUSINESS SYSTEM.—The term ‘defense business system’ has the meaning given in section 2222(i)(1) of title 10, United States Code.’’ REVIEW OF GUIDANCE TO CONTRACTORS ON NONDISCRIMINATION ON THE BASIS OF SEX Pub. L. 116–92, div. A, title VIII, § 885, Dec. 20, 2019, 133 Stat. 1535, provided that: ‘‘(a) REVIEW.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Under Secretary of Defense for Acquisition and Sustainment, serving as the senior procurement executive for the De- partment of Defense pursuant to section 133b(b)(4)(B) of title 10, United States Code [now 10 U.S.C. 133b(b)(5)(B)], shall conduct a review of the implemen- tation of the requirement for Government contracting agencies under Executive Order 11246 (42 U.S.C. 2000e note) relating to expectations of contractors and sub- contractors to ensure nondiscrimination on the basis of sex. ‘‘(b) ELEMENTS.—The review required under sub- section (a) shall, at a minimum, consider— ‘‘(1) existing contracting processes and tools for oversight of contracts, including contractor responsi- bility determinations and documentation of perform- ance; and ‘‘(2) the extent to which best practices for contrac- tors and subcontractors identified in the appendix to part 60–20 of title 41 of the Code of Federal Regula- tions, such as establishing and implementing proce- dures for handling and resolving complaints about harassment and intimidation based on sex, have been incorporated in Department policies and procedures. ‘‘(c) UPDATED TRAINING GUIDANCE.—Not later than 180 days after the date of the completion of the review re- quired under subsection (a), the Under Secretary of De- fense for Acquisition and Sustainment shall update any relevant training guidance for the acquisition work- force to account for the conclusions of the review. ‘‘(d) BRIEFING REQUIRED.—Not later than December 15, 2020, the Secretary of Defense shall brief the con- gressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on the review required under subsection (a), which shall include any updates to training guidance or contracting procedures resulting from the review.’’ GUIDANCE REGARDING TRAINING AND DEVELOPMENT OF THE ACQUISITION WORKFORCE Pub. L. 114–328, div. A, title VIII, § 803(b), Dec. 23, 2016, 130 Stat. 2249, provided that: ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall issue guidance addressing the training and development of the Department of De- fense workforce engaged in the procurement of serv- ices, including those personnel not designated as mem- bers of the acquisition workforce. ‘‘(2) IDENTIFICATION OF TRAINING AND PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND ALTERNATIVES.—The guidance required under paragraph (1) shall identify training and professional development opportunities and alternatives, not limited to existing Department of Defense institutions, that focus on and provide relevant training and professional development in commercial business models and contracting. ‘‘(3) TREATMENT OF TRAINING AND PROFESSIONAL DE- VELOPMENT.—Any training and professional develop- ment provided pursuant to this subsection outside De- partment of Defense institutions shall be deemed to be equivalent to similar training certified or provided by the Defense Acquisition University.’’ REQUIREMENTS MANAGEMENT CERTIFICATION TRAINING PROGRAM Pub. L. 109–364, div. A, title VIII, § 801, Oct. 17, 2006, 120 Stat. 2312, as amended by Pub. L. 116–92, div. A, title IX, § 902(68), Dec. 20, 2019, 133 Stat. 1551, provided that: ‘‘(a) TRAINING PROGRAM.— ‘‘(1) REQUIREMENT.—The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Defense Acquisition University, shall de- velop a training program to certify military and ci- vilian personnel of the Department of Defense with responsibility for generating requirements for major defense acquisition programs (as defined in section 2430(a) of title 10, United States Code [now 10 U.S.C. 4201]). ‘‘(2) COMPETENCY AND OTHER REQUIREMENTS.—The Under Secretary shall establish competency require- ments for the personnel undergoing the training pro- gram. The Under Secretary shall define the target population for such training program by identifying which military and civilian personnel should have re- sponsibility for generating requirements. The Under Secretary also may establish other training programs for personnel not subject to chapter 87 of title 10, United States Code, who contribute significantly to other types of acquisitions by the Department of De- fense. ‘‘(b) APPLICABILITY.—Effective on and after Sep- tember 30, 2008, a member of the Armed Forces or an employee of the Department of Defense with authority to generate requirements for a major defense acquisi- tion program may not continue to participate in the re- quirements generation process unless the member or employee successfully completes the certification training program developed under this section. ‘‘(c) REPORTS.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an interim report, not later than March 1, 2007, and a final report, not later than March 1, 2008, on the implementation of the train- ing program required under this section.’’ § 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 pro- viding highly qualified and talented individ- uals an opportunity for accelerated pro- motions, 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 un- dergraduate credit for work performed by stu- dents who are employed by the Department of Defense in acquisition positions.