[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3093 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3093

    To establish acquisition pathways for software applications and 
  software upgrades and software development and software acquisition 
training and management programs for the Department of Defense, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2019

 Ms. Slotkin introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
    To establish acquisition pathways for software applications and 
  software upgrades and software development and software acquisition 
training and management programs for the Department of Defense, 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 ``Creating Opportunities through 
Defense Engineering Requirements Act of 2019'' or the ``CODER Act of 
2019''.

SEC. 2. ESTABLISHMENT OF ACQUISITION PATHWAYS FOR SOFTWARE APPLICATIONS 
              AND SOFTWARE UPGRADES.

    (a) Guidance Required.--Not later than March 1, 2020, the Secretary 
of Defense shall establish guidance authorizing the use of acquisition 
pathways described in subsection (b) for the rapid acquisition of 
software applications and software upgrades that are intended to be 
fielded within one year. A contract awarded under this section--
            (1) shall be in an amount equal to or less than 
        $50,000,000; and
            (2) may be entered into for a period of not more than one 
        year.
    (b) Software Acquisition Pathways.--The guidance required by 
subsection (a) shall provide for the use of the following two 
acquisition pathways:
            (1) Applications.--The applications pathway shall provide 
        for the use of rapid development and implementation of software 
        applications to be used with commercially available hardware.
            (2) Upgrades.--The upgrades pathway shall provide for the 
        rapid development and insertion of software upgrades for 
        embedded weapon systems or another hardware system solely used 
        by the Department of Defense.
    (c) General Requirements.--The guidance required by subsection (a) 
shall provide for--
            (1) the use of proven technologies and solutions to 
        continuously engineer, update, and deliver capabilities in 
        software; and
            (2) a streamlined and coordinated requirements, budget, and 
        acquisition process that results in the rapid fielding of 
        software applications and software upgrades.
    (d) Expedited Process.--
            (1) In general.--An acquisition conducted under the 
        guidance required by subsection (a) shall not be subject to the 
        Joint Capabilities Integration and Development System Manual 
        and Department of Defense Directive 5000.01, except to the 
        extent specifically provided in such guidance.
            (2) Requirements process.--The guidance required by 
        subsection (a) shall provide that the requirements for 
        acquisition of software applications and software upgrades--
                    (A) are developed, refined, and prioritized on an 
                iterative basis through continuous participation and 
                collaboration by users, testers, and requirements 
                authorities;
                    (B) include an identification of the need for, and 
                users of, the software to be acquired and a rationale 
                for how the software will support increased efficiency 
                of the Department of Defense;
                    (C) are stated in the form of a summary-level list 
                of vulnerabilities in existing software systems and 
                desired features or capabilities of the software to be 
                acquired; and
                    (D) consider issues related to lifecycle costs, 
                systems interoperability, and logistics support if the 
                developer of the software to be acquired stops 
                providing support.
            (3) Execution of rapid acquisitions.--The Secretary shall 
        ensure that--
                    (A) an acquisition conducted under the guidance 
                required by subsection (a) is supported by an entity 
                capable of regular automated testing of the source code 
                of the software to be acquired and that such entity is 
                authorized to buy storage, bandwidth, and computing 
                capability as necessary;
                    (B) the Department of Defense can collect and 
                analyze the testing data described in subparagraph (A) 
                to make decisions regarding software acquisition and 
                oversight;
                    (C) the Director of Operational Test and Evaluation 
                and the project manager appointed under paragraph (5) 
                design test cases to ensure that the entity described 
                in subparagraph (A) can test the software to be 
                acquired to ensure such software meets the requirements 
                of the contract;
                    (D) the project manager appointed under paragraph 
                (5) closely monitors the progress of an acquisition 
                conducted under the guidance required by subsection 
                (a);
                    (E) an independent cost estimate is conducted that 
                considers--
                            (i) the iterative process of the 
                        development of the software to be acquired; and
                            (ii) the long-term value of the software to 
                        be acquired to the Department of Defense, not 
                        based on the value of individual lines of 
                        source code of the software;
                    (F) the performance of fielded versions of the 
                software to be acquired are demonstrated and evaluated 
                in an operational environment; and
                    (G) performance metrics of the software to be 
                acquired, such as metrics relating to when the software 
                can be fielded, delivery capabilities of the software 
                (including speed of recovery from outages and 
                cybersecurity vulnerabilities), and assessments and 
                estimations of the size and complexity of such 
                software, are automatically generated on a continuous 
                basis and made available to the Department of Defense 
                and the congressional defense committees.
            (4) Administration of software acquisition pathways.--The 
        guidance required by subsection (a) may provide for the use of 
        any of the following streamlined procedures:
                    (A) The service acquisition executive of the 
                military department concerned shall appoint a project 
                manager for each acquisition of software applications 
                and software upgrades, as determined by the service 
                acquisition executive. Such project manager shall be 
                appointed from among civilian employees or members of 
                the Armed Forces who have significant and relevant 
                experience in current software processes.
                    (B) Each project manager shall report with respect 
                to such acquisition directly, and without intervening 
                review or approval, to the service acquisition 
                executive of the military department concerned.
                    (C) The service acquisition executive of the 
                military department concerned shall evaluate the job 
                performance of such manager on an annual basis. In 
                conducting an evaluation under this paragraph, a 
                service acquisition executive shall consider the extent 
                to which the manager has achieved the objectives of the 
                acquisition for which the manager is responsible, 
                including quality, timeliness, and cost objectives.
                    (D) The project manager shall be authorized staff 
                positions for a technical staff, including experts in 
                software engineering to enable the manager to manage 
                the acquisition without the technical assistance of 
                another organizational unit of an agency to the maximum 
                extent practicable.
                    (E) The project manager shall be authorized, in 
                coordination with the users and testers of the software 
                to be acquired, to make tradeoffs among lifecycle 
                costs, requirements, and schedules to meet the goals of 
                the acquisition.
                    (F) The service acquisition executive or the Under 
                Secretary of Defense for Acquisition and Sustainment, 
                as applicable, shall serve as the decision authority 
                for the acquisition.
                    (G) The project manager of a defense streamlined 
                acquisition shall be provided a process to 
                expeditiously seek a waiver from Congress from any 
                statutory or regulatory requirement that the project 
                manager determines adds little or no value to the 
                management of the acquisition.
    (e) Contract Terms.--
            (1) In general.--A contract entered into pursuant to the 
        guidance required by subsection (a)--
                    (A) may be awarded within a 90-day period after 
                solicitation on the basis of--
                            (i) statements of qualifications and past 
                        performance data submitted by offerors; and
                            (ii) discussions with two or more qualified 
                        offerors without regard to price;
                    (B) may be a time-and-materials contract;
                    (C) shall be treated as a contract for the 
                acquisition of commercial services (as defined in 
                section 103a of title 41, United States Code, as in 
                effect on January 1, 2020);
                    (D) shall identify the individuals to perform the 
                work of the contract, and such individuals may not be 
                replaced without the advance written consent of the 
                contracting officer; and
                    (E) may allow for a contractor performing the work 
                of the contract to review existing software in 
                consultation with the user community and incorporate 
                user feedback to--
                            (i) define and prioritize software 
                        requirements; and
                            (ii) design and implement new software 
                        applications and software upgrades.
            (2) Options.--A contract entered into pursuant to the 
        guidance required by subsection (a) may contain an option to 
        extend the contract once, for a period not to exceed one year, 
        to complete the implementation of one or more specified 
        software applications and software upgrades identified during 
        the period of the initial contract. Such an option may not be 
        in an amount greater than $100,000,000 and--
                    (A) if the option is a time-and-materials contract, 
                it shall be treated as a contract for the acquisition 
                of commercial services (as defined in section 103a of 
                title 41, United States Code); and
                    (B) if the option is a fixed-price contract, it 
                shall be treated as a contract for the acquisition of 
                commercial products (as defined in section 103 of title 
                41, United States Code).
    (f) Rule of Construction.--Nothing in this section shall be deemed 
to prevent the use of other methods of acquisition to procure software 
applications and upgrades.
    (g) Conforming Amendment.--Section 2430(a)(2) of title 10, United 
States Code, is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) an acquisition program for software 
                applications and software upgrades carried out using 
                the acquisition guidance issued pursuant to the CODER 
                Act of 2019.''.

SEC. 3. SOFTWARE DEVELOPMENT AND SOFTWARE ACQUISITION TRAINING AND 
              MANAGEMENT PROGRAMS.

    (a) Establishment of Software Development and Software Acquisition 
Training and Management Programs.--
            (1) In general.--The Secretary of Defense, acting through 
        the Under Secretary of Defense for Acquisition and Sustainment 
        and in consultation with the Under Secretary of Defense for 
        Research and Engineering and the Chief Information Officer of 
        the Department of Defense, shall establish software development 
        and software acquisition training and management programs for 
        all software acquisition professionals, software developers, 
        and other appropriate individuals, as determined by the 
        Secretary of Defense to earn a certification in software 
        development and software acquisition.
            (2) Program contents.--The programs established under 
        paragraph (1) shall--
                    (A) develop and expand the use of specialized 
                training programs for chief information officers of the 
                military departments and the Defense Agencies, service 
                acquisition executives, program executive officers, and 
                program managers to include training on and experience 
                in--
                            (i) continuous software development; and
                            (ii) acquisition pathways available to 
                        acquire software;
                    (B) ensure program managers for major defense 
                acquisition programs, defense business systems, and 
                other software programs of the Department of Defense--
                            (i) have demonstrated competency in current 
                        software processes;
                            (ii) have the skills to lead a workforce 
                        that can quickly meet challenges, use software 
                        tools that prioritize continuous or frequent 
                        upgrades as such tools become available, take 
                        up opportunities provided by new innovations, 
                        and plan software activities in short 
                        iterations to learn from risks of software 
                        testing; and
                            (iii) have the experience and training to 
                        delegate technical oversight and execution 
                        decisions; and
                    (C) include continuing education courses and 
                experiential training to help individuals maintain 
                skills learned through the programs.
    (b) Reports.--
            (1) Reports required.--The Secretary shall submit to the 
        congressional defense committees--
                    (A) not later than 90 days after the date of the 
                enactment of this Act, an initial report; and
                    (B) not later than one year after the date of the 
                enactment of this Act, a final report.
            (2) Contents.--Each report required under paragraph (1) 
        shall include--
                    (A) the status of implementing the software 
                development and software acquisition training and 
                management programs established under subsection 
                (a)(1);
                    (B) a description of the requirements for 
                certification, including the requirements for 
                competencies in current software processes;
                    (C) a description of potential career paths in 
                software development and software acquisition within 
                the Department of Defense;
                    (D) an independent assessment conducted by the 
                Defense Innovation Board of the progress made on 
                implementing the programs established under subsection 
                (a)(1); and
                    (E) any recommendations for changes to existing law 
                to facilitate the implementation of the programs 
                established under subsection (a)(1).
    (c) Definitions.--In this section:
            (1) Program executive officer; program manager.--The terms 
        ``program executive officer'' and ``program manager'' have the 
        meanings given those terms, respectively, in section 1737 of 
        title 10, United States Code.
            (2) Service acquisition executive.--The terms ``military 
        department'', ``Defense Agency'', and ``service acquisition 
        executive'' have the meanings given those terms, respectively, 
        in section 101 of title 10, United States Code.
            (3) Major defense acquisition program.--The term ``major 
        defense acquisition program'' has the meaning given in section 
        2430 of title 10, United States Code.
            (4) Defense business system.--The term ``defense business 
        system'' has the meaning given in section 2222(i)(1) of title 
        10, United States Code.
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