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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle D—Provisions Relating to Software and Technology

P. L. 117-81

Joint Explanatory Statement

(a) In General.--Not later than January 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in software development, acquisition, and sustainment to improve the effectiveness of software development, acquisition, and sustainment programs or activities of the Department of Defense.

(b) Structure.--The Under Secretary of Defense for Acquisition and Sustainment--

(1) shall ensure the cadre has the appropriate number of members;

(2) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and

(3) shall determine the appropriate officials to whom members of the cadre shall report.

(c) Assignment.--The Under Secretary of Defense for Acquisition and Sustainment shall establish processes to assign members of the cadre to provide--

(1) expertise on matters relating to software development, acquisition, and sustainment; and

(2) support for appropriate programs or activities of the Department of Defense.

(d) Administration.--

(1) In general.--The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the President of the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing personnel and acquisition authorities to establish the cadre, as appropriate, including--

(A) section 9903 of title 5, United States Code;

(B) authorities relating to services contracting;

(C) the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.); and

(D) authorities relating to exchange programs with industry.

(2) Assignments.--Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre.

(3) Preference.--In establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense.

(e) Support of Members of the Armed Forces.--The Under Secretary of Defense for Acquisition and Sustainment shall continue to support efforts of the Secretaries concerned to place members of the Armed Forces in software development, acquisition, and sustainment positions and develop software competence in members of the Armed Forces, including those members with significant technical skill sets and experience but who lack formal education, training, or a technology-focused military occupation specialty.

(f) Funding.--The Under Secretary of Defense for Acquisition and Sustainment is authorized to use amounts in the Defense Acquisition Workforce Development Account (established under section 1705 of title 10, United States Code) for the purpose of recruitment, training, and retention of members of the cadre, including by using such amounts to pay salaries of newly hired members of the cadre for up to three years.

(g) Compliance.--In carrying out this section, the Under Secretary of Defense for Acquisition and Sustainment shall ensure compliance with applicable total force management policies, requirements, and restrictions provided in sections 129a, 2329, and 2461 of title 10, United States Code.

The House bill contained a provision (sec. 854) that would require the Department of Defense to create a software development and acquisition cadre. The cadre would assist the Department with developing and acquiring software by providing expert advice, assistance, and resources.

The Senate amendment contained no similar provision.

The agreement includes the House provision with an amendment that would clarify the use of civilian personnel in the cadre, emphasize the importance of developing military service members for agile software development roles, and strike a subsection redundant with existing law.

H. R. 4350--House Report 117-118

 Section 854--Cadre of Software Development and Acquisition Experts

This section would require the Department of Defense to create a software development and acquisition cadre. The cadre will assist the Department with developing and acquiring software by providing expert advice, assistance, and resources.