Sec. 318. Revision and codification of software acquisition pathways

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Chapter 253 of title 10, United States Code, as amended by section 318, is further amended by adding at the end the following new section: The Secretary of Defense shall establish pathways as described under subsection

(b)to provide for the efficient and effective acquisition, development, integration, and timely delivery of software and covered hardware. The Secretary of Defense may establish as many pathways under this section as the Secretary determines appropriate and shall establish the following pathways: The applications pathway shall provide for the use of rapid development and implementation of applications and other software or software improvements operated by the Department of Defense, which may include applications and associated procurement of covered hardware (including modifications of a type not customarily available in the commercial marketplace to meet Department requirements), commercially available cloud computing platforms, and other nondevelopmental items. The embedded systems pathway shall provide for the rapid development and insertion of upgrades and improvements for software and covered hardware embedded in weapon systems and other hardware systems unique to the Department of Defense. A pathway established under this section shall provide for the use of proven technologies and solutions to continuously engineer and deliver capabilities for software and covered hardware. In using the authority under this section, the Secretary shall consider how such use will— initiate the engineering of new software capabilities quickly, and, if applicable, the integration of such capabilities into covered hardware; demonstrate the viability and effectiveness of such capabilities for operational use not later than one year after the date on which funds are first obligated to acquire or develop software; and allow for the continuous updating and delivery of new capabilities not less frequently than annually to iteratively meet a user need. Software and covered hardware acquired or developed using the authority under this section shall not be treated as a major defense acquisition program for purposes of section 4201 of this title. The Secretary of Defense shall use a risk-based approach for the consideration of innovative technologies and new capabilities for software and covered hardware to be acquired or developed under this authority to meet needs communicated by the Joint Chiefs of Staff or the combatant commanders. A pathway established under this section shall provide for— a streamlined and coordinated requirements, budget, and acquisition process to support rapid fielding of software applications and of software upgrades to embedded systems for operational use in a period of not more than one year from the time that the process is initiated; and continuous engagement with the users of software and covered hardware to support— engineering activities of the Department of Defense; and delivery of software and covered hardware for operational use in periods of not more than one year. Software and covered hardware acquisition or development conducted under the authority of this section shall not be subject to the Joint Capabilities Integration and Development System Manual. Software and covered hardware acquisition or development conducted under the authority of this section shall not be subject to Department of Defense Directive 5000.01. In implementing a pathway established under the authority of this section, the Secretary shall tailor streamlined policies and processes relating to— approval initial user needs statements and user agreements; establishing and maintaining a prioritized list of work for development; engaging with product users on a regular basis; approving acquisition strategies; awarding contracts; iteratively developing, integrating, testing, and fielding capability; and ensuring the delivery of cyber secure systems. In this section: The term covered hardware means hardware— that is a commercial product (as defined in section 103 of title 41) or a nondevelopmental item; and in which software acquired under this section is embedded. The term nondevelopmental item has the meaning given the term in section 110 of title 41. . The table of sections at the beginning of chapter 253 of title 10, United States Code, as amended by section 318, is further amended by inserting after the item relating to section 3602 the following new item: 3603. Software acquisition pathways. . Section 800 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note) is repealed. Section 807(e)(1) of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 9081 note) is amended by striking section 800 of the National Defense Authorization Act for Fiscal Year 2020 ( and inserting Public Law 116–92 ; 133 Stat. 1478; 10 U.S.C. 2223a note) section 3603 of title 10, United States Code .

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