Sec. 808. ACQUISITION AUTHORITY OF THE SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING

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## SEC. 808 ACQUISITION AUTHORITY OF THE SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING **[**[10 U.S.C. 4001 note](/us/usc/t10/s4001)**]** ###

(a)Authority The Secretary of Defense shall delegate to the official designated under subsection

(b)of section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061) (referred to in this section as the “Official”) the acquisition authority to exercise the functions of a head of an agency (as defined in section 2302 of title 10, United States Code) with respect to appropriate acquisition activities of the office of such official (referred to in this section as the “Office”). ###

(b)Acquisition Executive ####

(1)In general The staff of the Official shall include an acquisition executive who shall be responsible for the supervision of appropriate acquisition activities under subsection (a). Subject to the authority, direction, and control of such Official, the acquisition executive shall have the authority— #####

(A)to negotiate memoranda of agreement with any element of the Department of Defense to carry out the acquisition of technologies, services, and capabilities developed or identified by the Office; #####

(B)to supervise the acquisition of technologies, services, and capabilities to support the mission of the Office; #####

(C)to represent the Office in discussions with the Secretaries concerned regarding acquisition programs relating to such appropriate acquisition activities for which the Office is involved; and #####

(D)to work with the Secretaries concerned to ensure that the Office is appropriately represented in any joint working group or integrated product team regarding acquisition programs relating to such appropriate activities for which the Office is involved. ####

(2)Delivery of acquisition solutions The acquisition executive of the Office shall be— #####

(A)responsible to the Official for rapidly delivering capabilities to meet validated requirements; #####

(B)subordinate to the Under Secretary of Defense for Acquisition and Sustainment in matters of acquisition; and #####

(C)included on the distribution list for acquisition directives and instructions of the Department of Defense. ###

(c)Acquisition Personnel ####

(1)In general The Secretary of Defense shall ensure that, at any given time for the duration of the period specified in subsection (d), the Office has at least 10 full-time employees provided by the Secretary to support the Official in carrying out the requirements of this section, including personnel with experience in— #####

(A)acquisition practices and processes; #####

(B)the Joint Capabilities Integration and Development System process; #####

(C)program management; #####

(D)software development and systems engineering; and #####

(E)cost analysis. ####

(2)Existing personnel The personnel provided under this subsection shall be provided from among the existing personnel of the Department of Defense. ###

(d)Funding In exercising the acquisition authority granted in subsection (a), the Official may not obligate or expend more than $75,000,000 out of the funds made available in each of fiscal years 2024 through 2029 to enter into new contracts to support appropriate acquisition activities carried out under this section. ###

(e)Implementation Plan and Demonstration Required ####

(1)In general #####

(A)Plan required Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a plan for the delegation and exercise of the acquisition authority described in subsection (a). #####

(B)Demonstration required Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense, acting through the Chief Digital and Artificial Intelligence Officer of the Department of Defense, shall provide a demonstration of operational capability delivered under such authority. In addition to the matters specified in paragraph (4), such demonstration shall include a description of— ######

(i)how the Chief Digital and Artificial Intelligence Officer may use the acquisition authorities available to the Chief Digital and Artificial Intelligence Officer to further the data and artificial intelligence objectives of the Department of Defense, including an inventory of requirements and funding associated with the exercise of such acquisition authorities; ######

(ii)how the Chief Digital and Artificial Intelligence Officer may use the acquisition authorities of other Federal entities to further such objectives, including an inventory of requirements and funding associated with the exercise of such acquisition authorities; and ######

(iii)the challenges and benefits of using the acquisition authorities described in clauses

(i)and (ii), respectively, to further such objectives. ####

(2)Implementation plan The plan shall include the following: #####

(A)Description of the types of activities to be undertaken using the acquisition authority provided under subsection (a). #####

(B)Plan for the negotiation and approval of any such memorandum of agreement with an element of the Department of Defense to support the missions of the Office and transition of artificial intelligence capabilities into appropriate acquisition programs or into operational use. #####

(C)Plan for oversight of the position of acquisition executive established in subsection (b). #####

(D)Assessment of the acquisition workforce, tools, and infrastructure needs of the Office to support the authority under subsection

(a)until September 30, 2025. #####

(E)Other matters as appropriate. ####

(3)Demonstration The capability demonstration shall include a description of how the acquisition authority enabled the capability, how requirements were established and agreed upon, how testing was conducted, and how the capability was transitioned to the user, as well as any other matters deemed appropriate by the Office. ####

(4)Relationship to other authorities The requirement to submit a plan under this subsection is in addition to the requirements under section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1293). ###

(f)Sunset Effective October 1, 2029, the Official may not exercise the authority under subsection

(a)and may not enter into any new contracts under this section. The performance on any contract entered into before such date may continue according to the terms of such contract. ###

(g)Definitions In this section: ####

(1)Element The term “element” means an element described under section 111(b) of title 10, United States Code. ####

(2)Secretary concerned The term “Secretary concerned” has the meaning given in section 101(9) of title 10, United States Code.

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