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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle H - Provisions Relating to Software Acquisition

P. L. 115-

House Conference Report. 115-404

SEC. 872. DEFENSE INNOVATION BOARD ANALYSIS OF SOFTWARE ACQUISITION REGULATIONS.

(a) Study.—

(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Innovation Board to undertake a study on streamlining software development and acquisition regulations.

(2) MEMBER PARTICIPATION.—The Chairman of the Defense Innovation Board shall select appropriate members from the membership of the Board to participate in the study, and may recommend additional temporary members or contracted support personnel to the Secretary of Defense for the purposes of the study. In considering additional appointments to the study, the Secretary of Defense shall ensure that members have significant technical, legislative, or regulatory expertise and reflect diverse experiences in the public and private sector.

(3) SCOPE.—The study conducted pursuant to paragraph (1) shall—

(A) review the acquisition regulations applicable to, and organizational structures within, the Department of Defense with a view toward streamlining and improving the efficiency and effectiveness of software acquisition in order to maintain defense technology advantage;

(B) review ongoing software development and acquisition programs, including a cross section of programs that offer a variety of application types, functional communities, and scale, in order to identify case studies of best and worst practices currently in use within the Department of Defense;

(C) produce specific and detailed recommendations for any legislation, including the amendment or repeal of regulations, as well as non-legislative approaches, that the members of the Board conducting the study determine necessary to—

(i) streamline development and procurement of software;

(ii) adopt or adapt best practices from the private sector applicable to Government use;

(iii) promote rapid adoption of new technology;

(iv) improve the talent management of the software acquisition workforce, including by providing incentives for the recruitment and retention of such workforce within the Department of Defense;

(v) ensure continuing financial and ethical integrity in procurement; and

(vi) protect the best interests of the Department of Defense; and

(D) produce such additional recommendations for legislation as such members consider appropriate.

(4) ACCESS TO INFORMATION.—The Secretary of Defense shall provide the Defense Innovation Board with timely access to appropriate information, data, resources, and analysis so that the Board may conduct a thorough and independent analysis as required under this subsection.

(b) Reports.—

(1) INTERIM REPORTS.—Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to or brief the congressional defense committees on the interim findings of the study conducted pursuant to subsection (a). The Defense Innovation Board shall provide regular updates to the Secretary of Defense and the congressional defense committees for purposes of providing the interim report.

(2) FINAL REPORT.—Not later than one year after the Secretary of Defense directs the Defense Advisory Board to conduct the study, the Board shall transmit a final report of the study to the Secretary. Not later than 30 days after receiving the final report, the Secretary of Defense shall transmit the final report, together with such comments as the Secretary determines appropriate, to the congressional defense committees.

Defense Innovation Board analysis of software acquisition regulations (sec. 872)

The Senate amendment contained a provision (sec. 882) that would require the Defense Innovation Board to complete an analysis of software development and acquisition regulations for the Department of Defense. This provision would require the Secretary of Defense to report to the congressional defense committees on the preliminary findings no later than 150 days after the enactment of this Act. No later than 1 year after the Secretary tasks the Defense Innovation Board with the study, the Board should submit its report to the Secretary; no later than 30 days after receipt, the Secretary should submit the final report, together with such comments as the Secretary determines appropriate, to the congressional defense committees.

The House bill contained no similar provision.

The House recedes with an amendment that would provide additional focus to the scope of the analysis.

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