[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5153 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5153
To require the Secretary of Defense to establish a cadre of software
development and acquisition experts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 3, 2021
Mr. Brown introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To require the Secretary of Defense to establish a cadre of software
development and acquisition experts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Software Acquisition Cadre
Act of 2021''.
SEC. 2. CADRE OF SOFTWARE DEVELOPMENT AND ACQUISITION EXPERTS.
(a) Cadre of Software Development and Acquisition Experts.--
(1) Not later than January 1, 2022, 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 development and acquisition of
software. The purpose of the cadre is to ensure a consistent,
strategic, and highly knowledgeable approach to developing and
acquiring software by providing expert advice, assistance, and
resources to the acquisition workforce in support of the
policies established in accordance with Department of Defense
Instruction 5000.02, Operation of the Adaptive Acquisition
Framework, dated January 23, 2020.
(2) The Under Secretary shall establish an appropriate
leadership structure and office within which the cadre shall be
managed, and shall determine the appropriate official to whom
members of the cadre shall report.
(3) The cadre of experts shall be assigned to a program
office or an acquisition command within a military department
to advise, assist, and provide resources to a program manager
or program executive officer on matters pertaining to software
at various stages of the life cycle of a system, including but
not limited to integration, testing, production, certification,
deployment of capabilities to the operational environment, and
maintenance. In performing such duties, the experts shall--
(A) advise and assist in integration of modern
software development practices such as agile software
development; development, security, and operations
(DevSecOps); and lean practices;
(B) advise and assist in leveraging industry best
practices for software development, deployment,
upgrades, and sustainment to include contracting for
software as a service, subscription models, use of
prime contractors to assist in integration, and other
methods for acquiring or accessing capability;
(C) in conjunction with the Cadre of Intellectual
Property Experts established pursuant to section 2322
of this title, develop a strategy and licensing
framework to enable government procurement of
commercial software, to include--
(i) in accordance with section 2377 of this
title, a preference for the acquisition of
commercial software under the license
customarily provided to the public, except as
specified in paragraphs (ii) and (iii);
(ii) identification of terms or conditions
that may be inconsistent with Federal
procurement law;
(iii) identification of operational user
needs that may necessitate the negotiation of
customized licenses to ensure authorized use in
unique operational environments; and
(iv) methods and procedures for use of
stand-alone software licensing in cases where
other contract vehicles are inappropriate or
unavailable;
(D) establish and lead cross-functional government-
industry teams that include operational users, data and
system architects, experts in artificial intelligence,
developmental and operational testers, software
developers, and cybersecurity experts to deliver
software rapidly and iteratively to meet the highest
priority user needs;
(E) advise and assist in the development of
requirements, acquisition strategy, product support
strategy, and intellectual property strategy for a
system;
(F) advise and assist in planning and budgeting for
agile software development and deployment, and the
sustainment of software over the life cycle of the
program, to include consideration of the shifting
landscape of continual cyber threat and evolving cyber
requirements;
(G) conduct or assist with financial analysis, cost
estimation, and valuation of software, to include agile
software development, to include valuation of embedded
software as a standalone product or as part of modular
open system approach;
(H) assist in the drafting of a solicitation,
contract, or other transaction agreement;
(I) interact with or assist in interactions with
contractors, including communications and negotiations
with contractors on solicitations and awards; and
(J) foster culture change necessary to enable the
Department of Defense to embrace and leverage modern
software practices by--
(i) recommending policies to ensure program
managers are empowered to set and maintain the
integrity of agile develop process and
priorities; and
(ii) educating key stakeholders in
considerations regarding the integration and
incorporation of agile software development
practices with systems acquired under the major
capability acquisition pathway.
(4)(A) In order to achieve the purpose set forth in
paragraph (1), the Under Secretary shall ensure the cadre has
the appropriate number of staff and such staff possesses the
necessary skills, knowledge, and experience to carry out the
duties under paragraph (2), including in relevant areas of law,
commercial software licensing, contracting, acquisition,
logistics, engineering, financial analysis, cost estimation,
and valuation. The Under Secretary, in coordination with 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 authorities to staff the cadre, including those in
subparagraphs (B), (C), (D), and (F).
(B) 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, upon request of the Director.
(C) The Under Secretary may use the authorities for highly
qualified experts under section 9903 of title 5, to hire
experts as members of the cadre who are skilled professionals
in software development and acquisition, commercial software
licensing, and related matters.
(D) The Under Secretary may enter into a contract with a
private-sector entity for specialized expertise to support the
cadre. Such entity may be considered a covered Government
support contractor, as defined in section 2320 of this title.
(E) In establishing the cadre, the Under Secretary shall
give preference to civilian employees of the Department of
Defense, rather than members of the Armed Forces, to maintain
continuity in the cadre.
(F) The Under Secretary is authorized to use amounts in the
Defense Acquisition Workforce Development Fund for the purpose
of recruitment, training, and retention of the cadre, including
paying salaries of newly hired members of the cadre for up to
three years.
(G) In implementing this section, the Under Secretary 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.
(H) The Under Secretary shall ensure that any contractor
employee providing services in support of, or participation in,
the cadre established under this section and is considered a
Special Government Employee as defined by section 202 of title
18, United States Code, is required to file a confidential
financial disclosure in accordance with the Ethics in
Government Act of 1978.
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