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

Subtitle C--Provisions Relating to Software and Technology

P. L. 116-

House Conference Report   116-617

(b) Elements.--The briefing and any reports required under subsection (a) shall include an assessment of the extent to which the Secretary of Defense has--

(1) implemented the recommendations set forth in--

(A) the final report of the Defense Innovation Board submitted to the congressional defense committees under section 872 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1497);

(B) the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems described in section 868 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1902; 10 U.S.C. 2223a note); and

(C) other relevant studies on software research, development, and acquisition activities of the Department of Defense;

(2) carried out software acquisition activities, including programs required under--

(A) section 2322a of title 10, United States Code; and

(B) section 875 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1503; 10 U.S.C. 2223 note);

(3) used the authority provided under section 800 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1478; 10 U.S.C. 2223a); and

(4) carried out software acquisition pilot programs, including pilot programs required under sections 873 and 874 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2223a note; 10 U.S.C. 2302 note).

(c) Assessment of Acquisition Policy, Guidance, and Practices.--Each report required under subsection (a) shall include an assessment of the extent to which the software acquisition policy, guidance, and practices of the Department of Defense reflect implementation of--

(1) relevant recommendations from software studies and pilot programs; and

(2) directives from the congressional defense committees.

(d) Defense Acquisition System Defined.--In this section, the term ``defense acquisition system'' has the meaning given that term in section 2545(2) of title 10, United States Code.

The Senate amendment contained a provision (sec. 832) that would require the Comptroller General of the United States to assess the extent to which the Department of Defense has implemented various reforms related to the acquisition of software for weapon systems, business systems, and other activities that are part of the defense acquisition system, and that would direct certain changes to a separate Comptroller General annual assessment.

The House bill contained no similar provision.

The House recedes with an amendment that would strike the modification of requirements for a separate Comptroller General assessment of selected acquisition programs and initiatives, as that item is addressed elsewhere in this Act.

The conferees note that the Defense Science Board and Defense Innovation Board have produced substantial studies with significant recommendations for reform and that the committee has itself produced numerous provisions in prior National Defense Authorization Acts related to the reform of software acquisition. The conferees further note the Department's commitment to implementing these reforms.

Senate Committee Report 116-236 to Accompanying S. 4049

Comptroller General report on implementation of software acquisition reforms (sec. 832)

The committee recommends a provision that would require the Comptroller General of the United States to assess the extent to which the Department of Defense has implemented various reforms related to the acquisition of software for weapon systems, business systems, and other activities that are part of the defense acquisition system. The committee notes that the Defense Science Board and Defense Innovation Board have produced substantial studies with significant recommendations for reform and that the committee has itself produced numerous provisions in prior National Defense Authorization Acts related to the reform of software acquisition. The committee further notes the Department's commitment to implementing these reforms.

The Comptroller General would brief the committee by March 15, 2021, and scope follow-on work accordingly.

The provision would also make certain modifications to the Comptroller General's annual assessment of selected acquisition programs and initiatives.