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Code · BILL · 114th Congress · H.R. 1735 (PAP) — 114 HR 1735 : National Defense Authorization Act for Fiscal Year 2016 · Sec. 1026

Sec. 1026. Report on Department of Defense definition of and policy regarding software sustainment

363 words·~2 min read·/bill/114/hr/1735/pap/section-1026·

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Not later than March 15, 2016, the Secretary of Defense shall submit to the congressional defense committees and the President pro tempore of the Senate a report setting forth an assessment, obtained by the Secretary for purposes of the report, on the definition used by the Department of Defense for and the policy of the Department regarding software maintenance, particularly with respect to the totality of the term software sustainment in the definition of depot-level maintenance and repair under section 2460 of title 10, United States Code. The assessment obtained for purposes of subsection
(a)shall be conducted by a federally funded research and development center (FFRDC), or another appropriate independent entity with expertise in matters described in subsection (a), selected by the Secretary for purposes of the assessment. The assessment obtained for purposes of subsection
(a)shall address, with respect to software and weapon systems of the Department of Defense (including space systems), each of the following: Fiscal ramifications of current programs with regard to the size, scope, and cost of software to the program’s overall budget, including embedded and support software, percentage of weapon systems’ functionality controlled by software, and reliance on proprietary data, processes, and components. Legal status of the Department in regards to adhering to section 2464(a)(1) of such title with respect to ensuring a ready and controlled source of maintenance and sustainment on software for its weapon systems. Operational risks and reduction to materiel readiness of current Department weapon systems related to software costs, delays, re-work, integration and functional testing, defects, and documentation errors. Other matters as identified by the Secretary. For each of subparagraphs
(A)through
(C)of paragraph (1), the assessment obtained for purposes of subsection
(a)shall include review and analysis regarding sole-source contracts, range of competition, rights in technical data, public and private capabilities, integration lab initial costs and sustaining operations, and total obligation authority costs of software, disaggregated by armed service, for the Department. The Secretary of Defense shall provide the independent entity described in subsection
(b)with timely access to appropriate information, data, resources, and analysis so that the entity may conduct a thorough and independent assessment as required under such subsection.
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