§1741 Policies and programs: establishment and implementation

2019—Subsec. (b). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, 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 Acquisition 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”.

Software Development and Software Acquisition Training and Management Programs Pub. L. 116–92, div. A, title VIII, § 862, Dec. 20, 2019, 133 Stat. 1520, as amended by Pub. L. 119–60, div. A, title XVIII, § 1802(b)(1)(A)–(C), Dec. 18, 2025, 139 Stat. 1227, 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 Acquisition and Sustainment and in consultation with the Under Secretary of Defense for Research and Engineering, 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 appropriate individuals (as determined by the Secretary of Defense), to earn a certification in software development 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, portfolio acquisition executives, 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 opportunities provided by new innovations, and plan software activities in short iterations to learn from risks of software testing; and “(iii) have the experience and training to delegate technical oversight and execution decisions; and “(C) include continuing education courses, exchanges with private-sector organizations, and experiential training to help individuals maintain skills learned through the programs. “(b) Reports.—“(1) Reports required.—The Secretary shall submit to the congressional defense committees [Committees 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 report; 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 paragraph (1) shall include—“(A) the status of implementing the software development and software acquisition training and management programs established under subsection (a)(1); “(B) a description of the requirements for certification, including the requirements for competencies 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 implementing the programs established under subsection (a)(1); and “(E) any recommendations for changes to existing law to facilitate the implementation of the programs established under subsection (a)(1). “(c) Definitions.—In this section:“(1) Portfolio acquisition executive; program manager.—The terms ‘portfolio acquisition executive’ 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 Department 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 implementation of the requirement for Government contracting agencies under Executive Order 11246 (42 U.S.C. 2000e note) relating to expectations of contractors and subcontractors to ensure nondiscrimination on the basis of sex. “(b) Elements.—The review required under subsection (a) shall, at a minimum, consider—“(1) existing contracting processes and tools for oversight of contracts, including contractor responsibility determinations and documentation of performance; and “(2) the extent to which best practices for contractors and subcontractors identified in the appendix to part 60–20 of title 41 of the Code of Federal