[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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