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Conference Report 107-772 - National Defense Authorization Act for Fiscal Year 2003

Conference Report Section

Legislative History

(a) ESTABLISHMENT OF PROGRAMS- (1) The Secretary of each military department shall establish a program to improve the software acquisition processes of that military department.

(2) The head of each Defense Agency that manages a major defense acquisition program with a substantial software component shall establish a program to improve the software acquisition processes of that Defense Agency.

(3) The programs required by this subsection shall be established not later than 120 days after the date of the enactment of this Act.

(b) PROGRAM REQUIREMENTS- A program to improve software acquisition processes under this section shall, at a minimum, include the following:

(1) A documented process for software acquisition planning, requirements development and management, project management and oversight, and risk management.

(2) Efforts to develop appropriate metrics for performance measurement and continual process improvement.

(3) A process to ensure that key program personnel have an appropriate level of experience or training in software acquisition.

(4) A process to ensure that each military department and Defense Agency implements and adheres to established processes and requirements relating to the acquisition of software.

(c) DEPARTMENT OF DEFENSE GUIDANCE- The Assistant Secretary of Defense for Command, Control, Communications, and Intelligence, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall--

(1) prescribe uniformly applicable guidance for the administration of all of the programs established under subsection (a) and take such actions as are necessary to ensure that the military departments and Defense Agencies comply with the guidance; and

(2) assist the Secretaries of the military departments and the heads of the Defense Agencies to carry out such programs effectively by--

(A) ensuring that the criteria applicable to the selection of sources provides added emphasis on past performance of potential sources, as well as on the maturity of the software products offered by the potential sources; and

(B) identifying, and serving as a clearinghouse for information regarding, best practices in software development and acquisition in both the public and private sectors.

(d) DEFINITIONS- In this section:

(1) The term 'Defense Agency' has the meaning given the term in section 101(a)(11) of title 10, United States Code.

(2) The term 'ajor defense acquisition program' has the meaning given such term in section 139(a)(2)(B) of title 10, United States Code.

Conference Report 107-772

The Senate amendment contained a provision (sec. 804) that would require the secretary of each military department and the head of each defense agency that manages a major defense acquisition program with a substantial software component to establish a program to improve its software acquisition processes.  (See Senate Amendment and Senate Report 107-151 below) 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the Department of Defense to ensure that: (1) key program personnel have an appropriate level of experience or training in software acquisition; and (2) criteria used in the selection of sources for software provide appropriate emphasis on the past performance in developing and producing software and the maturity of the software products offered.

Senate Amendment

SEC. 804. IMPROVEMENT OF SOFTWARE ACQUISITION PROCESSES.

(a) ESTABLISHMENT OF PROGRAMS- (1) The Secretary of each military department shall establish a program to improve the software acquisition processes of that military department.

(2) The head of each Defense Agency that manages a major defense acquisition program with a substantial software component shall establish a program to improve the software acquisition processes of that Defense Agency.

(3) The programs required by this subsection shall be established not later than 120 days after the date of the enactment of this Act.

(b) PROGRAM REQUIREMENTS- A program to improve software acquisition processes under this section shall, at a minimum, include the following:

(1) A documented process for software acquisition planning, requirements development and management, project management and oversight, and risk management.

(2) Efforts to develop systems for performance measurement and continual process improvement.

(3) A system for ensuring that each program office with substantial software responsibilities implements and adheres to established processes and requirements.

(c) DEPARTMENT OF DEFENSE GUIDANCE- The Assistant Secretary of Defense for Command, Control, Communications, and Intelligence, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall--

(1) prescribe uniformly applicable guidance for the administration of all of the programs established under subsection (a) and take such actions as are necessary to ensure that the military departments and Defense Agencies comply with the guidance; and

(2) assist the Secretaries of the military departments and the heads of the Defense Agencies to carry out such programs effectively by identifying, and serving as a clearinghouse for information regarding, best practices in software acquisition processes in both the public and private sectors.

(d) DEFINITIONS- In this section:

(1) The term `Defense Agency' has the meaning given the term in section 101(a)(11) of title 10, United States Code.

(2) The term `major defense acquisition program' has the meaning given the term in section 2430 of title 10, United States Code.

Senate Report 107-151

Improvement of software acquisition processes (sec. 804)

The committee recommends a provision that would require the secretary of each military department and the head of each defense agency that manages a major defense acquisition program with a substantial software component to establish a program to improve its software acquisition processes.

Many major defense acquisition programs are heavily reliant on the development of complex computer software. In a number of cases, mishandling of software acquisition has jeopardized an entire program. For example, the Navy Area missile defense program experienced such severe problems with software integration that the program was cancelled after years of development effort. Similarly, the V-22 and the Army's Maneuver Control system have experienced serious problems stemming from software development.

In a March 2001 report prepared for the committee, the General Accounting Office recommended that the Department of Defense address these problems by requiring components that are responsible for systems/software development, acquisition, and engineering to implement software acquisition process improvement programs. The provision recommended by the committee would implement this recommendation.