Mike D. Rogers
Representative for Alabama · Republican · United States
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(b) Modification of Certain Certifications and Assessments.-- (1) Certifications.--Section 1249(b) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60) is amended-- (A) in the matter preceding paragraph (1), by striking ``The certification described'' and inserting following: ``(1) In general.--Except as prov…”
“(b) Objectives.--The Commander shall ensure that the Cognitive Performance Enhancement Program-- (1) improves readiness, resilience, and recovery, using evidence-based holistic and proactive high-performance brain training that has a validated ability to scale cost- effectively across the special operations forces enterprise; [[Page H4842…”
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Every one of 4,912 lines we hold for Mike D. Rogers, in date order, each linked to its source. Free to read, in full, without an account. Page 75 of 99.
“``(d) Duties.--(1) The Ombudsman shall, with respect to questions or disputes involving intellectual property acquired or licensed (or proposed to be acquired or licensed) by the Department, including questions or disputes involving rights and obligations relating to the delivery of, or access to, such intellectual property-- ``(A) serve as the focal point for assisting covered contractors of the Department on such questions or disputes; ``(B) facilitate communication between covered contractors and appropriate senior officials of the Department on such questions or disputes; ``(C) promote the use of collaborative alternative dispute resolution techniques such as mediation to facilitate the expeditious and cost-effective resolution of such questions or disputes, when appropriate; ``(D) provide guidance to covered contractors and contracting officers with respect to such questions or disputes; and ``(E) upon request of a covered contractor or contracting officer involved in such a question or dispute-- ``(i) within 45 days after the request was made-- ``(I) obtain from the covered contractor (and any subcontractor involved in the question or dispute) and from the contracting officer information relevant to the question or dispute; and ``(II) complete a review of such information; ``(ii) promptly thereafter, develop and provide guidance to the covered contractor, the contracting officer, or both on matters relevant to the question or dispute, such as-- ``(I) relevant laws and regulations and how they apply to the question or dispute; ``(II) alternative approaches to acquisition or licensing that may be available under applicable laws and regulations, such as specifically negotiated licenses (including specially negotiated licenses under section 3774(c) of this title); and ``(III) appropriate valuation of intellectual property under standard industry valuation techniques, including cost, value, capability, market, and income-based techniques; and ``(iii) facilitate communications, and participate in meetings, between the covered contractor and the contracting officer.”
“``(3) The Ombudsman shall not be subject to removal, demotion, or other adverse personnel action based on the substance of any advice, guidance, opinion, or recommendation provided by the Ombudsman to a covered contractor or to a contracting officer or other Department official. ``(c) Personnel and Resources.--The Assistant Secretary shall ensure that the Ombudsman is provided with personnel and resources sufficient to carry out his or her duties as Ombudsman.”
“``(b) Preservation of Independence.--(1) The Ombudsman shall serve within the Office of the Assistant Secretary and report directly to the Assistant Secretary, without intervening authority, and shall not report to or receive direction from any military department, agency, combatant command, or other element of the Department. ``(2) The Assistant Secretary may assign to the official serving as Ombudsman other primary or collateral duties to the extent the official remains able to carry out his or her duties as Ombudsman, except that the official-- ``(A) may not perform any duty, or engage in any activity, that could compromise his or her independence as Ombudsman; and ``(B) may not advise on, or participate in, any source selection process, except to the extent [[Page H4827]] necessary to carry out his or her duties as Ombudsman.”
“``(2) The Ombudsman shall be a senior official with-- ``(A) demonstrated expertise in matters involving intellectual property acquired or licensed (or proposed to be acquired or licensed) by the Department, including the provisions of the Department of Defense Supplement to the Federal Acquisition Regulation that relate to technical data and computer software; and ``(B) at least 5 years of experience on intellectual property matters, of which at least 2 years must have been representing or advising covered contractors of the Department on matters involving intellectual property acquired or licensed (or proposed to be acquired or licensed) by the Government.”
“Intellectual Property Ombudsman ``(a) Designation.--(1) The Secretary of Defense, acting through the Assistant Secretary of Defense for Industrial Base Policy, shall designate a senior official, to be known as the Intellectual Property Ombudsman, to serve as ombudsman on matters involving intellectual property acquired or licensed (or proposed to be acquired or licensed) by the Department.”
“(e) Applicability.--This section and the amendments made by this section shall apply-- (1) in competitive procurements, to solicitations issued after the date of the enactment of this Act and awards made in connection with such solicitations; and (2) in non-competitive procurements, to awards made after the date of the enactment of this Act. SEC. 862. INTELLECTUAL PROPERTY OMBUDSMAN; VOLUNTARY EXPERT MEDIATION FOR CERTAIN INTELLECTUAL PROPERTY MATTERS. (a) In General.--Subchapter III of chapter 275 of title 10, United States Code, is amended by inserting after section 3791 the following new sections: ``Sec. 3792.”
“(d) Modifications to Rights in Technical Data.--Section 3771(b) of title 10, United States Code, is amended-- (1) in paragraph (3)(C), by inserting ``, and for which the United States shall have government purpose rights, unless the Government and the contractor negotiate different license rights'' after ``component)''; and (2) in paragraph (4)(A)-- (A) in clause (ii), by striking ``; or'' and inserting a semicolon; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following new clause: ``(iii) is a release, disclosure, or use of detailed manufacturing or process data-- ``(I) that is necessary for operation, maintenance, installation, or training and shall be used only for operation, maintenance, installation, or training purposes supporting wartime operations or contingency operations; and ``(II) for which the head of an agency determines that the original supplier of such data will be unable to satisfy military readiness or operational requirements for such operations; or''.”
“The report shall include-- (1) an assessment of the extent to which improper restrictions on technical data or software rights may have resulted in excess costs to the Department; (2) an evaluation of existing authorities available to recover such excess payments; (3) an assessment of the legal, contractual, and evidentiary challenges associated with establishing a clawback mechanism; (4) options for calculating excess payments attributable to improper restrictions on technical data or software rights; and (5) recommendations regarding whether Congress should authorize a clawback mechanism and, if so, the structure of such authority.”
“(c) Report on Clawback Authorities for Improper Restrictive Markings.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the feasibility and advisability of establishing a mechanism to recover excess payments made by the Department of Defense in cases where improper restrictive markings, invalid assertions tables, or other unjustified restrictions on technical data, computer software, or computer software documentation contributed to reduced competition or sole- source procurement conditions.”
“(b) Improper Markings of Critical Items.--For any critical readiness items of supply (as that term is defined in section 4324(d)(4) of title 10, United States Code) that are noncommercial items, if the Secretary of Defense determines that a contractor-- (1) applied an incorrect restrictive marking; (2) failed to exclude unlimited- or unrestricted-rights categories; (3) failed to portion-mark at the required segregable level; or (4) submitted an incomplete or invalid assertions table; then all affected technical data, computer software, and documentation shall be deemed as government purpose rights.”
“``(b) Contractor Burden.--A contractor asserting less-than- government purpose rights shall provide-- ``(1) a compliant assertions table identifying each specific item of data or software claimed; ``(2) factual documentation of private development funding; ``(3) clause-specific unlimited-rights exclusions applied at the lowest practicable segregable level; and ``(4) corresponding portion markings on the deliverables. ``(c) Failure to Substantiate.--Any failure by a contractor to comply with subsection (b) shall result in the deliverable being treated as provided with government purpose rights.''.”
“Subtitle D--Intellectual Property Matters SEC. 861. REFORM OF TECHNICAL DATA AND SOFTWARE RIGHTS TO SUPPORT COMPETITION, SUSTAINMENT, AND READINESS. (a) Default Government Purpose Rights for Deliverables.-- Chapter 239 of title 10, United States Code, is amended by inserting after section 3775 the following new section: ``Sec. 3776. Default government purpose rights for deliverables under Department of Defense contracts ``(a) Default Rights.--Except as provided in subsection (b), any technical data, computer software, or computer software documentation delivered under a contract, subcontract, or other agreement entered into by the Department of Defense shall be provided with government purpose rights unless the contractor establishes, through clear and convincing evidence, entitlement to more restrictive rights.”
“Such briefing shall include-- (1) the current number of individuals participating in the acquisition workforce demonstration project under such section 1762, disaggregated by military department and Defense Agency; (2) expected growth in participation in the demonstration project over the next 24 months, including anticipated and confirmed transitions of organizations or elements into the demonstration project and estimated implementation timelines for such transitions; (3) an identification of military departments and other elements of the Department of Defense that have expressed interest in expanding participation in the demonstration project or transitioning additional individuals into the demonstration project; (4) an assessment of the extent to which statutory limitations on the authorities in section 1762 affect workforce planning or use of the authorities; (5) steps taken to increase and measure average workforce understanding of how contributions scores under the demonstration project are derived; (6) findings relevant to the demonstration project based on data from tools used to measure employee satisfaction, such as Defense Organizational Climate Surveys or the Federal Employee Viewpoint Survey; and (7) recommendations on any additional steps, authorities, or flexibilities the Under Secretary considers necessary to support the development of the acquisition workforce.”
“(c) Briefing on Utilization of Acquisition Workforce Demonstration Project Authorities.--Not later than December 1, 2026, the Under Secretary of Defense for Acquisition and Sustainment shall provide a briefing to the congressional defense committees on the planned use of authorities under section 1762 of title 10, United States Code, as amended by this section, to support the acquisition workforce.”
“``(8) Rule of Construction.--Nothing in this subsection shall be construed to modify or supersede any performance management system established under chapter 43 of title 5, United States Code, or to alter any rights or obligations under applicable collective bargaining agreements.''. SEC. 855. EXTENSION AND MODIFICATION OF ACQUISITION WORKFORCE DEMONSTRATION PROJECT. (a) Increase in Limitation on Number of Participants.-- Section 1762 of title 10, United States Code, is amended by striking ``130,000'' and inserting ``143,000''. (b) Extension.--Subsection (g) of such section is amended by striking ``December 31, 2031'' and inserting ``December 31, 2035''.”
“``(6) The Under Secretary of Defense for Acquisition and Sustainment shall periodically review and update the framework established under paragraph (2) to ensure alignment with the objectives of the defense acquisition system under section 3102 of this title and to adapt such framework to incorporate new acquisition practices and technologies. ``(7) In this subsection, the term `covered authorities' means the following: ``(A) Chapter 247 of this title. ``(B) Sections 4021 and 4022 of this title. ``(C) Section 3602 of this title. ``(D) Any other acquisition authority, pathway, or method established by the Secretary to enable the rapid, flexible, or iterative development and delivery of a capability.”
“``(4) The Secretary may not solely rely on the completion of training requirements of an individual, or any certification or credential earned [[Page H4826]] by an individual, to satisfy the requirements of this subsection. ``(5) The Under Secretary of Defense for Acquisition and Sustainment, in coordination with each service acquisition executive and component acquisition executive, shall use the framework established under paragraph (2) to-- ``(A) identify gaps in demonstrated proficiency among individuals selected for, or serving in, critical acquisition positions; and ``(B) ensure that such individuals who do not demonstrate appropriate proficiency are provided targeted and structured professional development opportunities (including experiential learning, training, or other relevant opportunities) to address such gaps.”
“``(2) The Under Secretary of Defense for Acquisition and Sustainment, in coordination with each service acquisition executive and component acquisition executive, shall establish and maintain a Department-wide framework for assessing demonstrated proficiency under this subsection, including methods for evaluating demonstrated proficiency in achieving the performance objectives described in paragraph (1), such as the use of covered authorities in programmatic or operational settings. ``(3) The Secretary shall ensure that the requirements established under this subsection are applied in a manner consistent with the acquisition workforce career field and responsibilities of the position.”
“Section 1731 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Demonstrated Proficiency Requirements.--(1) In addition to the requirements under section 1735 of this title, the Secretary of Defense shall require that individuals selected for, and individuals serving in, civilian critical acquisition positions demonstrate appropriate proficiency in achieving the key performance objectives established under section 1722b(d) of this title.”
“(c) Application to Members of the Armed Forces.--Not later than October 1, 2027, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Personnel and Readiness, shall submit to the congressional defense committees a report assessing the feasibility and advisability of applying the key performance objectives established under section 1722b(d) of title 10, United States Code (as added by this section), to members of the Armed Forces serving in the acquisition workforce (as defined in section 101 of such title), including recommendations on how such objectives could be appropriately adapted for such members. SEC. 854. DEMONSTRATED PROFICIENCY REQUIREMENTS FOR CRITICAL ACQUISITION POSITIONS.”
“``(5) The KPOs implemented under paragraph (1) shall be integrated into-- ``(A) annual performance appraisals for civilian members of the acquisition workforce; ``(B) promotion, bonus, and assignment considerations for such members; and ``(C) requirements for certification, training, and continuing education under this chapter.''. (b) Repeal.--Section 826 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60) is repealed.”
“``(4) The workforce behavioral objectives required under paragraph (2)(A) shall be designed to develop the critical skills and behaviors of civilian members of the acquisition workforce, including-- ``(A) the adoption of innovative acquisition authorities and approaches; ``(B) a preference for commercial products and commercial services and supporting market research of commercial or emerging technologies; ``(C) engagement with end users to incorporate feedback into acquisition decisions and acquisition program adjustments; ``(D) the ability to use iterative development cycles and inform program tradeoffs, including discontinuing or terminating the development of capabilities-- ``(i) that no longer align with approved capability requirements (as defined in section 3101 of this title) or priorities; or ``(ii) that are experiencing significant cost growth, performance or technical deficiencies, or delays in schedule; ``(E) the pursuit of professional development to broaden expertise and assume expanded responsibilities in cross- functional initiatives; and ``(F) the ability to overcome obstacles to prioritize end- user outcomes in acquisition execution.”
“``(3) The strategic outcome objectives required under paragraph (2)(A) shall align with the objectives of the defense acquisition system established pursuant to section 3102 of this title and shall address strategic acquisition mission areas, including-- ``(A) expeditiously delivering capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense; ``(B) enabling and supporting the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threats; ``(C) ensuring supply chain and industrial base resilience and surge capabilities to support contingency and operational plans of the Department of Defense; ``(D) cultivating a leadership and organizational culture in civilian members of the acquisition workforce that encourages responsible risk-taking, collaboration, and learning through failure; and ``(E) maintaining a current and proficient workforce through continuous education, including digital and artificial intelligence literacy and technical proficiency necessary for the job function of an individual.”
“``(2) The KPOs implemented under paragraph (1) shall-- ``(A) include strategic outcome objectives and workforce behavioral objectives for the workforce; and ``(B) be developed in a manner that enables an assessment of the degree of alignment between-- ``(i) the objectives of the defense acquisition system established by section 3102 of this title; and ``(ii) the prudent and appropriate use by civilian members of the acquisition workforce of innovative, risk-tolerant practices in achieving those objectives.”
“(a) In General.--Section 1722b of title 10, United States Code, is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(6) Key performance objectives described in subsection (d).''; and (2) by adding at the end the following new subsection: ``(d) Acquisition Workforce Key Performance Objectives.-- (1) Not later than 180 days after the date of the enactment of this subsection, the Secretary of Defense shall implement mandatory key performance objectives (in this subsection referred to as `KPOs') for evaluating the performance of civilian members of the acquisition workforce.”
“(d) Implementation.-- (1) Chief acquisition talent officer of the department of defense.--The Secretary of Defense shall implement section 1703 of title 10, United States Code, as added by subsection (a), not later than one year after the date of the enactment of this Act. (2) Service and component chief acquisition talent officers.--Each Secretary of a military department (as defined in section 101(a) of title 10, United States Code) and each head of a component of the Department of Defense described in subsection (a) of section 1703a of title 10, United States Code, as added by subsection (a), shall implement such section with respect to such military department or component, as applicable, not later than one year after the date of the enactment of this Act. SEC. 853. CODIFICATION OF ACQUISITION WORKFORCE KEY PERFORMANCE OBJECTIVES.”
“(c) Conforming Amendment.-- (1) Defense acquisition university.--Section 1746(e) of title 10, United States Code, is amended-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following new paragraph: ``(2) The President of the Defense Acquisition University shall report directly to the Chief Acquisition Talent Officer of the Department of Defense.''. (2) Defense civilian and training corps.--Section 2200g of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Administration.--The Chief Acquisition Talent Officer of the Department of Defense shall administer and oversee the Defense Civilian Training Corps program under the authority of the Under Secretary of Defense for Acquisition and Sustainment.''.”
“``(d) Component Acquisition Executive Defined.--In this subsection, the term `component acquisition executive' means the acquisition executive of a component of the Department of Defense, including combatant commands and the Defense Logistics Agency, who is responsible for all acquisition functions of such component, except that such term does not include service acquisition executives.''. (b) Clerical Amendment.--The table of sections of subchapter I of chapter 87 of title 10, United States Code, is amended by inserting after the item relating to section 1702 the following new items: ``1703. Chief Acquisition Talent Officer of the Department of Defense. ``1703a. Service and Component Chief Acquisition Talent Officers.''.”
“``(c) Duties.--A Service Chief Acquisition Talent Officer of a military department or Component Chief Acquisition Talent Officer of a component of the Department of Defense designated under subsection (a) shall, subject to the authority, direction, and control of the official to whom such Service Chief Acquisition Talent Officer or Component Chief Acquisition Talent Officer reports under subsection (b)-- ``(1) develop, submit to the Chief Acquisition Talent Officer of the Department of Defense, and implement each plan for the acquisition workforce of such military department or component required under section 1703(e) of this title in accordance with the guidance issued by the Chief Acquisition Talent Officer of the Department of Defense; ``(2) oversee the execution of workforce plans and talent management initiatives for the acquisition workforce of such military department or component in support of the Department-wide acquisition workforce strategy; [[Page H4825]] ``(3) advise the official to whom such Service Chief Acquisition Talent Officer or Component Chief Acquisition Talent Officer reports under subsection (b) on matters relating to the readiness of the acquisition workforce of such military department or component; ``(4) support the service acquisition executive, portfolio acquisition executive, or component acquisition executive in identifying and addressing acquisition workforce requirements necessary to execute acquisition programs and portfolios; ``(5) coordinate with the Chief Acquisition Talent Officer of the Department of Defense on Defense-wide initiatives and programs for the acquisition workforce, including implementation of the Department-wide acquisition workforce strategy; ``(6) support the alignment of education and training for members of the acquisition workforce of such military department or component to enable the alignment of-- ``(A) specific education and training for members of the acquisition workforce with general education and training requirements, including professional military education requirements for members of the armed forces; and ``(B) specific assignment and career development policies related to the civilian members of the acquisition workforce and the members of the acquisition workforce who are members of the armed forces; ``(7) establish hiring priorities and promote the effective use of hiring authorities for the acquisition workforce of such military department or component; ``(8) support the use of the authorities under section 1599g of this title and other mechanisms to strengthen the acquisition workforce of such military department or component through public-private talent exchanges; ``(9) provide to the Under Secretary of Defense for Acquisition and Sustainment data related to the acquisition workforce of such military department or component as required to support the Department-wide acquisition workforce data analytics capability and workforce planning; and ``(10) perform such other duties as determined appropriate by the official to whom such Service Chief Acquisition Talent Officer or Component Chief Acquisition Talent Officer reports under subsection (b).”
“``(2) Components.--A Component Chief Acquisition Talent Officer of a component of the Department of Defense designated under subsection (a) shall report to the component acquisition executive of such component, except that if such Component Chief Acquisition Talent Officer is the component acquisition executive of such component, such officer shall report to the head of such component with respect to the duties of such Component Chief Acquisition Talent Officer under this section.”
“Service and Component Chief Acquisition Talent Officers ``(a) In General.--The Secretary of each military department and the head of each component of the Department of Defense for which there is a component acquisition executive shall designate a senior official of such military department or component as the Service Chief Acquisition Talent Officer of such military department or the Component Chief Acquisition Talent Officer of such component. ``(b) Reporting.-- ``(1) Military departments.--A Service Chief Acquisition Talent Officer of a military department designated under subsection (a) shall report to the service acquisition executive of such military department.”
“``(2) Dedicated personnel and resources defined.--In this subsection, `dedicated personnel and resources' means personnel and resources that are-- ``(A) exclusively engaged in supporting the Chief Acquisition Talent Officer of the Department of Defense in carrying out the responsibilities of the Chief Acquisition Talent Officer of the Department of Defense; and ``(B) under the exclusive authority of the Chief Acquisition Talent Officer of the Department of Defense. ``Sec. 1703a.”
“``(g) Deputy Chief Acquisition Talent Officer.--The Secretary of Defense may appoint a Deputy Chief Acquisition Talent Officer of the Department of Defense, from among individuals serving in the Senior Executive Service or other appropriate positions in the Department of Defense, to assist the Chief Acquisition Talent Officer of the Department of Defense in carrying out the responsibilities of the Chief Acquisition Talent Officer of the Department of Defense under this section. ``(h) Personnel and Resources.-- ``(1) In general.--The Secretary of Defense shall ensure that the Chief Acquisition Talent Officer of the Department of Defense is provided dedicated personnel and resources necessary to carry out the responsibilities of the Chief Acquisition Talent Officer of the Department of Defense.”
“``(f) Report to Congress.--Not later than March 1 of each year, the Chief Acquisition Talent Officer of the Department of Defense shall submit to the congressional defense committees a report on the effectiveness of the Department- wide acquisition workforce strategy, including-- ``(1) an assessment of workforce trends, hiring and retention challenges, and critical skill gaps of the acquisition workforce; ``(2) an evaluation of the extent to which the acquisition workforces of the military departments and components are aligned with the objectives of the defense acquisition system established pursuant to section 3102 of this title and the Department-wide acquisition workforce strategy required by subsection (d)(2)(D); ``(3) a summary and assessment of the plans submitted under subsection (e), including for each plan rejected under subsection (e)(6), a summary of the reasons for such rejection; and ``(4) recommendations for legislative and administrative actions to address identified workforce gaps, improve workforce performance, and strengthen the acquisition workforce.”
“``(B) Plan revision.--If the Under Secretary of Defense for Acquisition and Sustainment rejects a plan under subparagraph (A)-- ``(i) the Under Secretary shall include in the notice required by clause (ii) of such subparagraph a written explanation of the reasons for such rejection and any revisions required for such plan to be approved; and ``(ii) the Service Chief Acquisition Talent Officer or Component Chief Acquisition Talent Officer that submitted such plan pursuant to paragraph (1) or under this paragraph shall revise such plan and submit such revised plan to the Chief Acquisition Talent Officer of the Department of Defense.”
“``(6) Approval.-- ``(A) In general.--Not later than 90 days after the date on which a Service Chief Acquisition Talent Officer or Component Chief Acquisition Talent Officer submits a plan for the acquisition workforce of the military department or component of the Department pursuant to paragraph (1) or under this paragraph, the Under Secretary of Defense for Acquisition and Sustainment shall-- ``(i) approve or reject such plan; and ``(ii) provide to such Service Chief Acquisition Talent Officer or Component Chief Acquisition Talent Officer a written notice of such approval or rejection.”
“``(5) Flexibility for program adjustments.--In carrying out this subsection, the Chief Acquisition Talent Officer of the Department of Defense and the Under Secretary of Defense for Acquisition and Sustainment shall ensure that workforce planning, evaluation, and reporting under this subsection remain responsive to changes in the requirements of acquisition programs, including program terminations, restructurings, or changes in scope.”
“``(4) Alignment.--The Chief Acquisition Talent Officer of the Department of Defense shall, for each plan submitted pursuant to paragraph (1) or under paragraph (6)-- ``(A) evaluate whether such plan aligns with the Department-wide acquisition workforce strategy and priorities; and ``(B) provide to the Under Secretary of Defense for Acquisition and Sustainment-- ``(i) a recommendation regarding whether to approve such plan; and ``(ii) recommendations regarding workforce investments associated with such plan, including investments under the Defense Acquisition Workforce Development Account established under section 1705 of this title, to ensure alignment with workforce plans approved by the Under Secretary and the Department-wide acquisition workforce strategy.”
“``(3) Plan elements.--Each plan for the acquisition workforce of a military department or component of the Department of Defense submitted pursuant to paragraph (1) or under paragraph (4) shall include-- ``(A) an assessment of the size, composition, and distribution of such acquisition workforce; ``(B) an identification of gaps in critical skills and projected workforce needs of such acquisition workforce, including anticipated hiring requirements and requirements for emerging skills necessary to support acquisition priorities; ``(C) the hiring, retention, and workforce development plans for such acquisition workforce; ``(D) the anticipated requirements for and availability of training programs and development programs to support the hiring, retention, and workforce development plans described in subparagraph (C); and ``(E) an explanation of how the acquisition workforce plan supports the acquisition workforce strategy required by subsection (d)(2)(D).”
“``(2) Timeline.--The Chief Acquisition Talent Officer of the Department of Defense shall ensure that the plans required under paragraph (1) are submitted in a timely manner so as to inform the development of the budget submitted to Congress under section 1105 of title 31.”
“``(e) Acquisition Workforce Plans.-- ``(1) In general.--In addition to the duties under subsection (d), the Chief Acquisition Talent Officer of the Department of Defense shall issue guidance requiring each Service Chief Acquisition Talent Officer and Component Chief Acquisition Talent Officer to develop and submit to the Chief Acquisition Talent Officer of the Department of Defense not less frequently than annually a plan for the acquisition workforce of the applicable military department or component of the Department of Defense that supports and enables the successful implementation of the acquisition workforce strategy required by subsection (d)(2)(D).”
“``(3) Talent management initiative defined.--In this subsection, the term `talent management initiative' means the activities of the Department of Defense relating to recruitment, hiring, development, education, training, credentialing, performance management, retention, succession planning, and mobility, including rotations, reassignments, and career progression pathways, for the acquisition workforce.”
“``(2) Specific duties.--In carrying out the responsibilities under paragraph (1), the Chief Acquisition Talent Officer of the Department of Defense shall-- ``(A) serve as the principal staff assistant to the Under Secretary of Defense for Acquisition and Sustainment on matters relating to acquisition workforce talent management; ``(B) engage with the service acquisition executives, portfolio acquisition executives, and other appropriate officials of the Department of Defense to provide support and assistance with the responsibilities of such officials related to the planning, development, and management of the acquisition workforce that are required to execute acquisition programs and portfolios; ``(C) use the Department-wide acquisition workforce data analytics capability established under section 1701a(b)(12) of this title to assess the capacity of the acquisition workforce, identify gaps in the capabilities of the acquisition workforce, forecast the needs of the acquisition workforce, and evaluate the effectiveness of acquisition workforce development initiatives and investments; ``(D) develop and maintain a Department of Defense-wide acquisition workforce strategy to ensure that the acquisition workforce has the capacity, capabilities, and competencies necessary to achieve the objectives of the defense acquisition system under section 3102 of this title; ``(E) enable the successful implementation of the acquisition workforce strategy required by subparagraph (D) by-- ``(i) assisting the Secretary of Defense in establishing policies and procedures for the effective management of the acquisition workforce in accordance with section 1701 of this title; ``(ii) establishing Department-wide acquisition workforce planning processes; and ``(iii) developing and implementing talent management initiatives for the acquisition workforce; ``(F) coordinate with the Under Secretary of Defense for Personnel and Readiness and the Secretaries of the military departments to enable the alignment of-- ``(i) specific education and training for members of the acquisition workforce who are members of the armed forces with general education and training requirements, including professional military education requirements for members of the armed forces; and ``(ii) specific assignment and career development policies related to the civilian members of the acquisition workforce and the members of the acquisition workforce who are members of the armed forces; ``(G) require the activities and curriculum of the Defense Acquisition University and, as appropriate, other education and training providers supporting the acquisition workforce, to-- ``(i) align with the objectives of the defense acquisition system established pursuant to section 3102 of this title; [[Page H4824]] ``(ii) promote continuous learning and technical skills improvement across the acquisition workforce; and ``(iii) support and enable the successful implementation of the acquisition workforce strategy required by subparagraph (D); ``(H) support the integration of key performance objectives for the acquisition workforce, established under section 1722b(d) of this title, into the training, certification, career development, and performance management systems of the Department for the acquisition workforce; ``(I) assist the Under Secretary of Defense for Acquisition and Sustainment in executing programs related to the talent management initiatives of the acquisition workforce, including the Defense Civilian Training Corps authorized under section 2200g of this title, and ensure that such programs are appropriately integrated into Department-wide acquisition workforce planning; ``(J) promote and facilitate the use of the authorities under section 1599g of this title and other mechanisms to strengthen the acquisition workforce through exchanges with the private sector; ``(K) frequently conduct assessments of the capacity, capability, and performance of the acquisition workforce and develop and submit to the Under Secretary of Defense for Acquisition and Sustainment recommendations for Department- wide acquisition workforce investments under the Defense Acquisition Workforce Development Account established under section 1705 of this title; and ``(L) convene, not less frequently than semiannually, the service acquisition executives, Service Chief Acquisition Talent Officers, Component Acquisition Executives (as defined in section 1703a(d) of this title), and such other officers of the Department as determined appropriate by the Chief Acquisition Talent Officer of the Department to assess the effectiveness of the acquisition workforce strategy required by subparagraph (D) and review the performance and priorities of the acquisition workforce across the Department.”
“``(d) Responsibilities.-- ``(1) In general.--The Chief Acquisition Talent Officer of the Department of Defense shall support the Under Secretary of Defense for Acquisition and Sustainment in carrying out the responsibilities of the Under Secretary with respect to the acquisition workforce under section 1702 of this title through Department of Defense-wide strategy, planning, education, training, and management of the acquisition workforce.”
“``(c) Qualifications.-- ``(1) In general.--The Chief Acquisition Talent Officer of the Department of Defense shall possess substantial experience in strategic talent management, workforce development, or organizational leadership in large public or private sector organizations. ``(2) Exclusivity.--An individual serving as the Chief Acquisition Talent Officer of the Department of Defense may not hold or occupy another position in the Department of Defense.”
“(a) In General.--Subchapter I of chapter 87 of title 10, United States Code, is amended by inserting after section 1702 the following new sections: ``Sec. 1703. Chief Acquisition Talent Officer of the Department of Defense ``(a) In General.--There is a Chief Acquisition Talent Officer of the Department of Defense, who shall be appointed by the Secretary of Defense and shall report to the Under Secretary of Defense for Acquisition and Sustainment. ``(b) Appointment Authorities.--The Secretary of Defense may appoint the Chief Acquisition Talent Officer of the Department of Defense as-- ``(1) a member of the Senior Executive Service; or ``(2) a highly qualified expert under section 9903 of title 5, or other applicable authority.”
“(6) Workforce assessments.--The Under Secretary of Defense for Acquisition and Sustainment shall use the capability described in paragraph (1) to conduct regular assessments of the capacity, capability, and distribution of the acquisition workforce and provide recommendations to service acquisition executives and component acquisition executives to address identified shortfalls in the capacity and capabilities of the acquisition workforce. (7) Definitions.--In this subsection, the terms ``acquisition workforce'', ``Defense Agency'', ``military department'', and ``service acquisition executive'' have the meanings given such terms, respectively, in section 101(a) of title 10, United States Code. SEC. 852. CHIEF ACQUISITION TALENT OFFICER.”
“(5) Data access.--The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Personnel and Readiness and officials responsible for data, digital, and information technology policy and systems of the Department of Defense, shall ensure the availability and integration of data necessary to carry out the capability described in paragraph (1). Each Secretary of a military department and each head of a Defense Agency shall provide such data, in such format and such manner, as the Under Secretary of Defense for Acquisition and Sustainment determines necessary to support such capability.”
“(3) Use of commercial tools.--The Under Secretary of Defense for Acquisition and Sustainment shall, to the maximum extent practicable, use commercially available data analytics, workforce management, and data visualization tools to support the capability described in paragraph (1). (4) Limitation on development of custom information technology.--The Under Secretary of Defense for Acquisition and Sustainment may develop or acquire information technology that is not commercially available to support the capability described in paragraph (1) only if the Under Secretary determines that no commercially available good or service can meet the requirements of this subsection without more than minor modifications.”
“(2) Data elements.--The tools, systems, or other means used to implement the capability described in paragraph (1) shall, to the maximum extent practicable, include Department of Defense-wide acquisition workforce data and analytics necessary to support strategic planning and management, including data and analytics relating to-- (A) the size, composition, and geographic distribution of the acquisition workforce; (B) the skills, certifications, and experience of members of the acquisition workforce, including relevant education and professional experience; (C) vacancy rates, time-to-hire metrics, and other indicators of constraints on the capacity of the acquisition workforce; (D) the activities of the Department for recruiting, hiring, and developing members of the acquisition workforce, including the Defense Civilian Training Corps established under section 2200g of title 10, United States Code; (E) retention, attrition, career progression, and related characteristics and trends, including retirement eligibility and projected workforce changes in the acquisition workforce; (F) the performance of the acquisition workforce, including measures relating to the execution of acquisition programs and activities; and (G) such other matters as the Under Secretary of Defense for Acquisition and Sustainment determines appropriate.”