,i #aafth ,,congress #ast ,session ,h4 ,r4 #cjic ,,in ,,the ,,house ,,of ,,representatives ,june #d1 #bjai,ms4 ,slotkin introduced the following bill2 which was referred to the ,committee on ,armed ,services ,a ,,bill ,to establish acquisition pathways for software applications and software upgrades and software development and software acquisition training and management programs for the ,department of ,defense1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,creating ,opportunities through ,defense ,engineering ,requirements ,act of #bjai or the ,,coder ,act of #bjai4 #b4 ,establishment of acquisition pathways for software applications and software upgrades 7a7 ,guidance required ,not later than ,march #a1 #bjbj1 the ,secretary of ,defense shall establish guidance authorizing the use of acquisition pathways described in subsection 7b7 for the rapid acquisition of software applications and software upgrades that are intended to be fielded within one year4 ,a contract awarded under this section-- 7#a7 shall be in an amount equal to or less than #ej1jjj1jjj2 and 7#b7 may be entered into for a period of not more than one year4 7b7 ,software acquisition pathways ,the guidance required by subsection 7a7 shall provide for the use of the following two acquisition pathways3 7#a7 ,applications ,the applications pathway shall provide for the use of rapid development and implementation of software applications to be used with commercially available hardware4 7#b7 ,upgrades ,the upgrades pathway shall provide for the rapid development and insertion of software upgrades for embedded weapon systems or another hardware system solely used by the ,department of ,defense4 7c7 ,general requirements ,the guidance required by subsection 7a7 shall provide for-- 7#a7 the use of proven technologies and solutions to continuously engineer1 update1 and deliver capabilities in software2 and 7#b7 a streamlined and coordinated requirements1 budget1 and acquisition process that results in the rapid fielding of software applications and software upgrades4 7d7 ,expedited process 7#a7 ,in general ,an acquisition conducted under the guidance required by subsection 7a7 shall not be subject to the ,joint ,capabilities ,integration and ,development ,system ,manual and ,department of ,defense ,directive #ejjj4ja1 except to the extent specifically provided in such guidance4 7#b7 ,requirements process ,the guidance required by subsection 7a7 shall provide that the requirements for acquisition of software applications and software upgrades-- 7,a7 are developed1 refined1 and prioritized on an iterative basis through continuous participation and collaboration by users1 testers1 and requirements authorities2 7,b7 include an identification of the need for1 and users of1 the software to be acquired and a rationale for how the software will support increased efficiency of the ,department of ,defense2 7,c7 are stated in the form of a summary-level list of vulnerabilities in existing software systems and desired features or capabilities of the software to be acquired2 and 7,d7 consider issues related to lifecycle costs1 systems interoperability1 and logistics support if the developer of the software to be acquired stops providing support4 7#c7 ,execution of rapid acquisitions ,the ,secretary shall ensure that-- 7,a7 an acquisition conducted under the guidance required by subsection 7a7 is supported by an entity capable of regular automated testing of the source code of the software to be acquired and that such entity is authorized to buy storage1 bandwidth1 and computing capability as necessary2 7,b7 the ,department of ,defense can collect and analyze the testing data described in subparagraph 7,a7 to make decisions regarding software acquisition and oversight2 7,c7 the ,director of ,operational ,test and ,evaluation and the project manager appointed under paragraph 7#e7 design test cases to ensure that the entity described in subparagraph 7,a7 can test the software to be acquired to ensure such software meets the requirements of the contract2 7,d7 the project manager appointed under paragraph 7#e7 closely monitors the progress of an acquisition conducted under the guidance required by subsection 7a72 7,e7 an independent cost estimate is conducted that considers-- 7i7 the iterative process of the development of the software to be acquired2 and 7ii7 the long-term value of the software to be acquired to the ,department of ,defense1 not based on the value of individual lines of source code of the software2 7,f7 the performance of fielded versions of the software to be acquired are demonstrated and evaluated in an operational environment2 and 7,g7 performance metrics of the software to be acquired1 such as metrics relating to when the software can be fielded1 delivery capabilities of the software 7including speed of recovery from outages and cybersecurity vulnerabilities71 and assessments and estimations of the size and complexity of such software1 are automatically generated on a continuous basis and made available to the ,department of ,defense and the congressional defense committees4 7#d7 ,administration of software acquisition pathways ,the guidance required by subsection 7a7 may provide for the use of any of the following streamlined procedures3 7,a7 ,the service acquisition executive of the military department concerned shall appoint a project manager for each acquisition of software applications and software upgrades1 as determined by the service acquisition executive4 ,such project manager shall be appointed from among civilian employees or members of the ,armed ,forces who have significant and relevant experience in current software processes4 7,b7 ,each project manager shall report with respect to such acquisition directly1 and without intervening review or approval1 to the service acquisition executive of the military department concerned4 7,c7 ,the service acquisition executive of the military department concerned shall evaluate the job performance of such manager on an annual basis4 ,in conducting an evaluation under this paragraph1 a service acquisition executive shall consider the extent to which the manager has achieved the objectives of the acquisition for which the manager is responsible1 including quality1 timeliness1 and cost objectives4 7,d7 ,the project manager shall be authorized staff positions for a technical staff1 including experts in software engineering to enable the manager to manage the acquisition without the technical assistance of another organizational unit of an agency to the maximum extent practicable4 7,e7 ,the project manager shall be authorized1 in coordination with the users and testers of the software to be acquired1 to make tradeoffs among lifecycle costs1 requirements1 and schedules to meet the goals of the acquisition4 7,f7 ,the service acquisition executive or the ,under ,secretary of ,defense for ,acquisition and ,sustainment1 as applicable1 shall serve as the decision authority for the acquisition4 7,g7 ,the project manager of a defense streamlined acquisition shall be provided a process to expeditiously seek a waiver from ,congress from any statutory or regulatory requirement that the project manager determines adds little or no value to the management of the acquisition4 7e7 ,contract terms 7#a7 ,in general ,a contract entered into pursuant to the guidance required by subsection 7a7-- 7,a7 may be awarded within a #ij-;day period after solicitation on the basis of-- 7i7 statements of qualifications and past performance data submitted by offerors2 and 7ii7 discussions with two or more qualified offerors without regard to price2 7,b7 may be a time-and-materials contract2 7,c7 shall be treated as a contract for the acquisition of commercial services 7as defined in section #ajc;a of title #da1 ,united ,states ,code1 as in effect on ,january #a1 #bjbj72 7,d7 shall identify the individuals to perform the work of the contract1 and such individuals may not be replaced without the advance written consent of the contracting officer2 and 7,e7 may allow for a contractor performing the work of the contract to review existing software in consultation with the user community and incorporate user feedback to-- 7i7 define and prioritize software requirements2 and 7ii7 design and implement new software applications and software upgrades4 7#b7 ,options ,a contract entered into pursuant to the guidance required by subsection 7a7 may contain an option to extend the contract once1 for a period not to exceed one year1 to complete the implementation of one or more specified software applications and software upgrades identified during the period of the initial contract4 ,such an option may not be in an amount greater than #ajj1jjj1jjj and-- 7,a7 if the option is a time-and-materials contract1 it shall be treated as a contract for the acquisition of commercial services 7as defined in section #ajc;a of title #da1 ,united ,states ,code72 and 7,b7 if the option is a fixed-price contract1 it shall be treated as a contract for the acquisition of commercial products 7as defined in section #ajc of title #da1 ,united ,states ,code74 7f7 ,rule of construction ,nothing in this section shall be deemed to prevent the use of other methods of acquisition to procure software applications and upgrades4 7g7 ,conforming amendment ,section #bdcj7;a77#b7 of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking or at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,c7 an acquisition program for software applications and software upgrades carried out using the acquisition guidance issued pursuant to the ,,coder ,act of #bjai4 4 #c4 ,software development and software acquisition training and management programs 7a7 ,establishment of software development and software acquisition training and management programs 7#a7 ,in general ,the ,secretary of ,defense1 acting through the ,under ,secretary of ,defense for ,acquisition and ,sustainment and in consultation with the ,under ,secretary of ,defense for ,research and ,engineering and the ,chief ,information ,officer of the ,department of ,defense1 shall establish software development and software acquisition training and management programs for all software acquisition professionals1 software developers1 and other appropriate individuals1 as determined by the ,secretary of ,defense to earn a certification in software development and software acquisition4 7#b7 ,program contents ,the programs established under paragraph 7#a7 shall-- 7,a7 develop and expand the use of specialized training programs for chief information officers of the military departments and the ,defense ,agencies1 service acquisition executives1 program executive officers1 and program managers to include training on and experience in-- 7i7 continuous software development2 and 7ii7 acquisition pathways available to acquire software2 7,b7 ensure program managers for major defense acquisition programs1 defense business systems1 and other software programs of the ,department of ,defense-- 7i7 have demonstrated competency in current software processes2 7ii7 have the skills to lead a workforce that can quickly meet challenges1 use software tools that prioritize continuous or frequent upgrades as such tools become available1 take up opportunities provided by new innovations1 and plan software activities in short iterations to learn from risks of software testing2 and 7iii7 have the experience and training to delegate technical oversight and execution decisions2 and 7,c7 include continuing education courses and experiential training to help individuals maintain skills learned through the programs4 7b7 ,reports 7#a7 ,reports required ,the ,secretary shall submit to the congressional defense committees-- 7,a7 not later than #ij days after the date of the enactment of this ,act1 an initial report2 and 7,b7 not later than one year after the date of the enactment of this ,act1 a final report4 7#b7 ,contents ,each report required under paragraph 7#a7 shall include-- 7,a7 the status of implementing the software development and software acquisition training and management programs established under subsection 7a77#a72 7,b7 a description of the requirements for certification1 including the requirements for competencies in current software processes2 7,c7 a description of potential career paths in software development and software acquisition within the ,department of ,defense2 7,d7 an independent assessment conducted by the ,defense ,innovation ,board of the progress made on implementing the programs established under subsection 7a77#a72 and 7,e7 any recommendations for changes to existing law to facilitate the implementation of the programs established under subsection 7a77#a74 7c7 ,definitions ,in this section3 7#a7 ,program executive officer2 program manager ,the terms program executive officer and program manager have the meanings given those terms1 respectively1 in section #agcg of title #aj1 ,united ,states ,code4 7#b7 ,service acquisition executive ,the terms military department1 ,defense ,agency1 and service acquisition executive have the meanings given those terms1 respectively1 in section #aja of title #aj1 ,united ,states ,code4 7#c7 ,major defense acquisition program ,the term major defense acquisition program has the meaning given in section #bdcj of title #aj1 ,united ,states ,code4 7#d7 ,defense business system ,the term defense business system has the meaning given in section #bbbb7;i77#a7 of title #aj1 ,united ,states ,code4