S.Amdt. 1730

SA 1730. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF
DEPARTMENT OF DEFENSE DEFINITION OF AND POLICY
REGARDING SOFTWARE SUSTAINMENT.

(a) Review.--The Comptroller General of the United States
shall review 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.
(b) Elements.--
(1) In general.--The review required by subsection (a)
shall address, with respect to software and weapon systems of
the Department of Defense (including space systems), each of
the following:
(A) 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.
(B) 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 (sustainment) on
software for its weapon systems.
(C) 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.
(2) Additional matters.--For each of subparagraphs (A)
through (C) of paragraph (1), the review required by
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.
(c) Report.--Not later than March 15, 2016, the Comptroller
General shall submit to the congressional defense committees
and the President pro tempore of the Senate a report on the
policy reviewed under subsection (a) and the findings of the
Comptroller General with respect to such review.
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