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

Subtitle G — Provisions Relating to Software and Technical Data Matters

P. L. 115-

House Conference Report. 115-874

Section 2439 of title 10, United States Code, is amended—

(1) by inserting “, to the maximum extent practicable,” after “shall ensure”;

(2) by striking “or for the production of a major weapon system” and inserting “production of a major weapon system, or sustainment of a major weapon system”;

(3) by striking “or production” and inserting “, production, or sustainment”; and

(4) in the heading, by striking “or production” and inserting “, production, or sustainment”.

The House bill contained a provision (sec. 827) that would provide the Department of Defense with additional flexibility on negotiations for appropriate technical data.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would clarify that this provision also applies to the sustainment of major weapon systems. Implementation of recommendations of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems (sec. 868) The Senate amendment contained a provision (sec. 882) that would direct the Secretary of Defense to implement certain recommendations of the Defense Science Board Task Force in their report on the Design and Acquisition of Software for Defense Systems.

The House bill contained no similar provision.

The House recedes.

The conferees agree with the report's emphasis on shifting the Department of Defense’s treatment of software as solely a development activity to understanding that it is enduring and that, therefore, traditional models of hardware sustainment are not suited to the treatment of software in the acquisition process. As the Department considers how each recommendation would be implemented, the conferees also encourage the Department to continue to engage the private sector for their best practices and views regarding sustainable software acquisition approaches.