[Congressional Record Volume 161, Number 89 (Thursday, June 4, 2015)]
[Senate]
[Page S3816]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1730. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to 
authorize appropriations for fiscal year 2016 for military activities 
of the Department of Defense and for military construction, to 
prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF 
                   DEPARTMENT OF DEFENSE DEFINITION OF AND POLICY 
                   REGARDING SOFTWARE SUSTAINMENT.

       (a) Review.--The Comptroller General of the United States 
     shall review the definition used by the Department of Defense 
     for and the policy of the Department regarding software 
     maintenance, particularly with respect to the totality of the 
     term ``software sustainment'' in the definition of ``depot-
     level maintenance and repair'' under section 2460 of title 
     10, United States Code.
       (b) Elements.--
       (1) In general.--The review required by subsection (a) 
     shall address, with respect to software and weapon systems of 
     the Department of Defense (including space systems), each of 
     the following:
       (A) Fiscal ramifications of current programs with regard to 
     the size, scope, and cost of software to the program's 
     overall budget, including embedded and support software, 
     percentage of weapon systems' functionality controlled by 
     software, and reliance on proprietary data, processes, and 
     components.
       (B) Legal status of the Department in regards to adhering 
     to section 2464(a)(1) of such title with respect to ensuring 
     a ready and controlled source of maintenance (sustainment) on 
     software for its weapon systems.
       (C) Operational risks and reduction to materiel readiness 
     of current Department weapon systems related to software 
     costs, delays, re-work, integration and functional testing, 
     defects, and documentation errors.
       (2) Additional matters.--For each of subparagraphs (A) 
     through (C) of paragraph (1), the review required by 
     subsection (a) shall include review and analysis regarding 
     sole-source contracts, range of competition, rights in 
     technical data, public and private capabilities, integration 
     lab initial costs and sustaining operations, and total 
     obligation authority costs of software, disaggregated by 
     armed service, for the Department.
       (c) Report.--Not later than March 15, 2016, the Comptroller 
     General shall submit to the congressional defense committees 
     and the President pro tempore of the Senate a report on the 
     policy reviewed under subsection (a) and the findings of the 
     Comptroller General with respect to such review.
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