2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle A - General Military Law (Sections 101 - 2926)
Part I - Organization and General Military Powers (Sections 101 - 498)
Chapter 2 - Department of Defense (Sections 111 - 119)
Sec. 115b - Biennial strategic workforce plan

(a) Biennial Plan Required.—(1) The Secretary of Defense shall submit to the congressional defense committees in every even-numbered year a strategic workforce plan to shape and improve the civilian employee workforce of the Department of Defense.

(2) The Under Secretary of Defense for Personnel and Readiness shall have overall responsibility for developing and implementing the strategic workforce plan, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics.

(b) Contents.—Each strategic workforce plan under subsection (a) shall include, at a minimum, the following:

(1) An assessment of—

(A) the critical skills and competencies that will be needed in the future within the civilian employee workforce by the Department of Defense to support national security requirements and effectively manage the Department during the five-year period corresponding to the current future-years defense program under section 221 of this title;

(B) the appropriate mix of military, civilian, and contractor personnel capabilities, as determined under the total force management policies and procedures established under section 129a of this title;

(C) the critical skills and competencies of the existing civilian employee workforce of the Department and projected trends in that workforce based on expected losses due to retirement and other attrition; and

(D) gaps in the existing or projected civilian employee workforce of the Department that should be addressed to ensure that the Department has continued access to the critical skills and competencies described in subparagraphs (A) and (C).

(2) A plan of action for developing and reshaping the civilian employee workforce of the Department to address the gaps in critical skills and competencies identified under paragraph (1)(D), including—

(A) specific recruiting and retention goals, especially in areas identified as critical skills and competencies under paragraph (1), including the program objectives of the Department to be achieved through such goals and the funding needed to achieve such goals;

(B) specific strategies for developing, training, deploying, compensating, and motivating the civilian employee workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies;

(C) any incentives necessary to attract or retain any civilian personnel possessing the skills and competencies identified under paragraph (1);

(D) any changes in the number of personnel authorized in any category of personnel listed in subsection (h)(1) or (h)(2) or in the acquisition workforce that may be needed to address such gaps and effectively meet the needs of the Department;

(E) any changes in resources or in the rates or methods of pay for any category of personnel listed in subsection (h)(1) or (h)(2) or in the acquisition workforce that may be needed to address inequities and ensure that the Department has full access to appropriately qualified personnel to address such gaps and meet the needs of the Department; and

(F) any legislative changes that may be necessary to achieve the goals referred to in subparagraph (A).

(3) An assessment, using results-oriented performance measures, of the progress of the Department in implementing the strategic workforce plan under this section during the previous year.

(4) Any additional matters the Secretary of Defense considers necessary to address.

(c) Senior Management Workforce; Senior Functional and Technical Workforce.—

(1) Each strategic workforce plan under subsection (a) shall—

(A) specifically address the shaping and improvement of the senior management workforce of the Department of Defense; and

(B) include an assessment of the senior functional and technical workforce of the Department of Defense within the appropriate functional community.

(2) For purposes of paragraph (1), each plan shall include, with respect to such senior management workforce and such senior functional and technical workforce—

(A) an assessment of the matters set forth in subparagraphs (A) through (D) of subsection (b)(1);

(B) a plan of action meeting the requirements set forth in subparagraphs (A) through (F) of subsection (b)(2);

(C) specific strategies for developing, training, deploying, compensating, motivating, and designing career paths and career opportunities; and

(D) specific steps that the Department has taken or plans to take to ensure that such workforce is managed in compliance with the requirements of section 129 of this title and the policies and procedures established under section 129a of this title.

(d) Defense Acquisition Workforce.—(1) Each strategic workforce plan under subsection (a) shall specifically address the shaping and improvement of the military, civilian, and contractor personnel that directly support the acquisition processes of the Department of Defense, including persons serving in acquisition-related positions designated by the Secretary of Defense under section 1721 of this title.

(2) For purposes of paragraph (1), each plan shall include, with respect to the defense acquisition workforce—

(A) an assessment of the matters set forth in subparagraphs (A) through (D) of subsection (b)(1);

(B) a plan of action meeting the requirements set forth in subparagraphs (A) through (F) of subsection (b)(2);

(C) specific steps that the Department has taken or plans to take to develop appropriate career paths for civilian employees in the acquisition field and to implement the requirements of section 1722a of this title with regard to members of the armed forces in the acquisition field; and

(D) a plan for funding needed improvements in the acquisition workforce of the Department through the period of the future-years defense program, including—

(i) the funding programmed for defense acquisition workforce improvements, including a specific identification of funding provided in the Department of Defense Acquisition Workforce Fund established under section 1705 of this title, along with a description of how such funding is being implemented and whether it is being fully used;

(ii) a description of steps that will be taken to address any new or expanded critical skills and competencies the civilian employee workforce will need to address recent trends in defense acquisition, emerging best practices, changes in the Government and commercial marketplace, and new requirements established in law or regulation; and

(iii) a description of any continuing shortfalls in funding available for the acquisition workforce.

(3) For the purposes of paragraph (1), contractor personnel shall be treated as directly supporting the acquisition processes of the Department if, and to the extent that, such contractor personnel perform functions in support of personnel in Department of Defense positions designated by the Secretary of Defense under section 1721 of this title.

(e) Financial Management Workforce.—(1) Each strategic workforce plan under subsection (a) shall specifically address the shaping and improvement of the financial management workforce of the Department of Defense, including both military and civilian personnel of that workforce.

(2) For purposes of paragraph (1), each plan shall include, with respect to the financial management workforce of the Department—

(A) an assessment of the matters set forth in subparagraphs (A) through (D) of subsection (b)(1);

(B) a plan of action meeting the requirements set forth in subparagraphs (A) through (F) of subsection (b)(2);

(C) specific steps that the Department has taken or plans to take to develop appropriate career paths for civilian employees in the financial management field and to implement the requirements of section 1599d of this title; and

(D) a plan for funding needed improvements in the financial management workforce of the Department through the period of the current future-years defense program under section 221 of this title, including a description of any continuing shortfalls in funding available for that workforce.

(f) Highly Qualified Experts.—(1) Each strategic workforce plan under subsection (a) shall include an assessment of the workforce of the Department of Defense comprising highly qualified experts appointed pursuant to section 9903 of title 5 (in this subsection referred to as the "HQE workforce").

(2) For purposes of paragraph (1), each plan shall include, with respect to the HQE workforce—

(A) an assessment of the critical skills and competencies of the existing HQE workforce and projected trends in that workforce based on expected losses due to retirement and other attrition;

(B) specific strategies for attracting, compensating, and motivating the HQE workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies;

(C) any incentives necessary to attract or retain HQE personnel;

(D) any changes that may be necessary in resources or in the rates or methods of pay needed to ensure the Department has full access to appropriately qualified personnel; and

(E) any legislative actions that may be necessary to achieve HQE workforce goals.

(g) Submittals by Secretaries of the Military Departments and Heads of the Defense Agencies.—The Secretary of Defense shall require the Secretary of each military department and the head of each Defense Agency to submit a report to the Secretary addressing each of the matters described in this section. The Secretary of Defense shall establish a deadline for the submittal of reports under this subsection that enables the Secretary to consider the material submitted in a timely manner and incorporate such material, as appropriate, into the strategic workforce plan required by this section.

(h) Definitions.—In this section:

(1) The term "senior management workforce of the Department of Defense" includes the following categories of Department of Defense civilian personnel:

(A) Appointees in the Senior Executive Service under section 3131 of title 5.

(B) Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title.

(2) The term "senior functional and technical workforce of the Department of Defense" includes the following categories of Department of Defense civilian personnel:

(A) Persons serving in positions described in section 5376(a) of title 5.

(B) Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (114 Stat. 1654A–315)).

(C) Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).

(D) Persons serving in Intelligence Senior Level positions under section 1607 of this title.

(3) The term "acquisition workforce" includes individuals designated under section 1721 of this title as filling acquisition positions.

(Added Pub. L. 111–84, div. A, title XI, §1108(a)(1), Oct. 28, 2009, 123 Stat. 2488; amended Pub. L. 112–81, div. A, title IX, §935(a)(1), (b), (c), title X, §1053, Dec. 31, 2011, 125 Stat. 1545, 1582; Pub. L. 113–291, div. A, title IX, §911, Dec. 19, 2014, 128 Stat. 3472; Pub. L. 114–92, div. A, title VIII, §841(b), Nov. 25, 2015, 129 Stat. 914.)

Section 342(b) of the National Defense Authorization Act for Fiscal Year 1995, referred to in subsec. (h)(2)(B), is section 342(b) of Pub. L. 103–337, which is set out as a note under section 2358 of this title.

Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, referred to in subsec. (h)(2)(C), is section 1101 of Pub. L. 105–261, which is set out as a note under section 3104 of Title 5, Government Organization and Employees.

A prior section 115b was renumbered section 10541 of this title.

2015—Subsec. (d)(1). Pub. L. 114–92, §841(b)(1), substituted "the military, civilian, and contractor personnel that directly support the acquisition processes of the Department of Defense, including persons serving in acquisition-related positions designated by the Secretary of Defense under section 1721 of this title" for "the defense acquisition workforce, including both military and civilian personnel".

Subsec. (d)(2)(D)(ii), (iii). Pub. L. 114–92, §841(b)(2), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (d)(3). Pub. L. 114–92, §841(b)(3), added par. (3).

2014—Subsec. (b)(2)(D), (E). Pub. L. 113–291, §911(b)(1), substituted "subsection (h)(1) or (h)(2)" for "subsection (f)(1)".

Subsec. (c). Pub. L. 113–291, §911(d), substituted "Senior Management Workforce; Senior Functional and Technical Workforce" for "Senior Management, Functional, and Technical Workforce" in heading.

Subsec. (c)(1). Pub. L. 113–291, §911(a)(1), added par. (1) and struck out former par. (1) which read as follows: "Each strategic workforce plan under subsection (a) shall include a separate chapter to specifically address the shaping and improvement of the senior management, functional, and technical workforce (including scientists and engineers) of the Department of Defense."

Subsec. (c)(2). Pub. L. 113–291, §911(a)(2), substituted "such senior management workforce and such senior functional and technical workforce" for "such senior management, functional, and technical workforce" in introductory provisions.

Subsecs. (d)(1), (e)(1). Pub. L. 113–291, §911(e), struck out "include a separate chapter to" before "specifically address".

Subsec. (f). Pub. L. 113–291, §911(b)(3), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 113–291, §911(b)(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 113–291, §911(c), amended subsec. (h) generally. Prior to amendment, text defined terms "senior management, functional, and technical workforce of the Department of Defense" and "acquisition workforce".

Pub. L. 113–291, §911(b)(2), redesignated subsec. (g) as (h).

2011—Pub. L. 112–81, §935(a)(1)(A), substituted "Biennial strategic" for "Annual strategic" in section catchline.

Subsec. (a). Pub. L. 112–81, §935(a)(1)(B), substituted "Biennial" for "Annual" in heading.

Subsec. (a)(1). Pub. L. 112–81, §935(a)(1)(C), substituted "in every even-numbered year" for "on an annual basis".

Subsec. (b)(1)(A). Pub. L. 112–81, §935(b)(1), substituted "five-year period corresponding to the current future-years defense program under section 221 of this title" for "seven-year period following the year in which the plan is submitted".

Subsec. (b)(1)(B). Pub. L. 112–81, §935(b)(2), inserted ", as determined under the total force management policies and procedures established under section 129a of this title" before semicolon at end.

Subsec. (c)(2)(D). Pub. L. 112–81, §935(c), inserted "and the policies and procedures established under section 129a of this title" before period at end.

Subsecs. (e) to (g). Pub. L. 112–81, §1053, added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.