I 
117TH CONGRESS 
1ST SESSION H. R. 5153 
To require the Secretary of Defense to establish a cadre of software 
development and acquisition experts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 3, 2021 
Mr. BROWN introduced the following bill; which was referred to the Committee 
on Armed Services 
A BILL 
To require the Secretary of Defense to establish a cadre 
of software development and acquisition experts, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Defense Software Ac-
quisition Cadre Act of 2021’’. 
SEC. 2. CADRE OF SOFTWARE DEVELOPMENT AND ACQUI-
SITION EXPERTS. 
(a) CADRE OF SOFTWARE DEVELOPMENT AND AC-
QUISITION EXPERTS.— 
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(1) Not later than January 1, 2022, the Sec-
retary of Defense, acting through the Under Sec-
retary of Defense for Acquisition and Sustainment, 
shall establish a cadre of personnel who are experts 
in development and acquisition of software. The pur-
pose of the cadre is to ensure a consistent, strategic, 
and highly knowledgeable approach to developing 
and acquiring software by providing expert advice, 
assistance, and resources to the acquisition work-
force in support of the policies established in accord-
ance with Department of Defense Instruction 
5000.02, Operation of the Adaptive Acquisition 
Framework, dated January 23, 2020. 
(2) The Under Secretary shall establish an ap-
propriate leadership structure and office within 
which the cadre shall be managed, and shall deter-
mine the appropriate official to whom members of 
the cadre shall report. 
(3) The cadre of experts shall be assigned to a 
program office or an acquisition command within a 
military department to advise, assist, and provide re-
sources to a program manager or program executive 
officer on matters pertaining to software at various 
stages of the life cycle of a system, including but not 
limited to integration, testing, production, certifi-
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cation, deployment of capabilities to the operational 
environment, and maintenance. In performing such 
duties, the experts shall— 
(A) advise and assist in integration of 
modern software development practices such as 
agile software development; development, secu-
rity, and operations (DevSecOps); and lean 
practices; 
(B) advise and assist in leveraging indus-
try best practices for software development, de-
ployment, upgrades, and sustainment to include 
contracting for software as a service, subscrip-
tion models, use of prime contractors to assist 
in integration, and other methods for acquiring 
or accessing capability; 
(C) in conjunction with the Cadre of Intel-
lectual Property Experts established pursuant 
to section 2322 of this title, develop a strategy 
and licensing framework to enable government 
procurement of commercial software, to in-
clude— 
(i) in accordance with section 2377 of 
this title, a preference for the acquisition 
of commercial software under the license 
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customarily provided to the public, except 
as specified in paragraphs (ii) and (iii); 
(ii) identification of terms or condi-
tions that may be inconsistent with Fed-
eral procurement law; 
(iii) identification of operational user 
needs that may necessitate the negotiation 
of customized licenses to ensure authorized 
use in unique operational environments; 
and 
(iv) methods and procedures for use 
of stand-alone software licensing in cases 
where other contract vehicles are inappro-
priate or unavailable; 
(D) establish and lead cross-functional gov-
ernment-industry teams that include oper-
ational users, data and system architects, ex-
perts in artificial intelligence, developmental 
and operational testers, software developers, 
and cybersecurity experts to deliver software 
rapidly and iteratively to meet the highest pri-
ority user needs; 
(E) advise and assist in the development of 
requirements, acquisition strategy, product sup-
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port strategy, and intellectual property strategy 
for a system; 
(F) advise and assist in planning and 
budgeting for agile software development and 
deployment, and the sustainment of software 
over the life cycle of the program, to include 
consideration of the shifting landscape of con-
tinual cyber threat and evolving cyber require-
ments; 
(G) conduct or assist with financial anal-
ysis, cost estimation, and valuation of software, 
to include agile software development, to in-
clude valuation of embedded software as a 
standalone product or as part of modular open 
system approach; 
(H) assist in the drafting of a solicitation, 
contract, or other transaction agreement; 
(I) interact with or assist in interactions 
with contractors, including communications and 
negotiations with contractors on solicitations 
and awards; and 
(J) foster culture change necessary to en-
able the Department of Defense to embrace and 
leverage modern software practices by— 
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(i) recommending policies to ensure 
program managers are empowered to set 
and maintain the integrity of agile develop 
process and priorities; and 
(ii) educating key stakeholders in con-
siderations regarding the integration and 
incorporation of agile software development 
practices with systems acquired under the 
major capability acquisition pathway. 
(4)(A) In order to achieve the purpose set forth 
in paragraph (1), the Under Secretary shall ensure 
the cadre has the appropriate number of staff and 
such staff possesses the necessary skills, knowledge, 
and experience to carry out the duties under para-
graph (2), including in relevant areas of law, com-
mercial software licensing, contracting, acquisition, 
logistics, engineering, financial analysis, cost esti-
mation, and valuation. The Under Secretary, in co-
ordination with the Defense Acquisition University 
and in consultation with academia and industry, 
shall develop a career path, including development 
opportunities, exchanges, talent management pro-
grams, and training, for the cadre. The Under Sec-
retary may use existing authorities to staff the 
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cadre, including those in subparagraphs (B), (C), 
(D), and (F). 
(B) Civilian personnel from within the Office of 
the Secretary of Defense, Joint Staff, military de-
partments, Defense Agencies, and combatant com-
mands may be assigned to serve as members of the 
cadre, upon request of the Director. 
(C) The Under Secretary may use the authori-
ties for highly qualified experts under section 9903 
of title 5, to hire experts as members of the cadre 
who are skilled professionals in software develop-
ment and acquisition, commercial software licensing, 
and related matters. 
(D) The Under Secretary may enter into a con-
tract with a private-sector entity for specialized ex-
pertise to support the cadre. Such entity may be 
considered a covered Government support con-
tractor, as defined in section 2320 of this title. 
(E) In establishing the cadre, the Under Sec-
retary shall give preference to civilian employees of 
the Department of Defense, rather than members of 
the Armed Forces, to maintain continuity in the 
cadre. 
(F) The Under Secretary is authorized to use 
amounts in the Defense Acquisition Workforce De-
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velopment Fund for the purpose of recruitment, 
training, and retention of the cadre, including pay-
ing salaries of newly hired members of the cadre for 
up to three years. 
(G) In implementing this section, the Under 
Secretary shall ensure compliance with applicable 
total force management policies, requirements, and 
restrictions provided in sections 129a, 2329, and 
2461 of title 10, United States Code. 
(H) The Under Secretary shall ensure that any 
contractor employee providing services in support of, 
or participation in, the cadre established under this 
section and is considered a Special Government Em-
ployee as defined by section 202 of title 18, United 
States Code, is required to file a confidential finan-
cial disclosure in accordance with the Ethics in Gov-
ernment Act of 1978. 
Æ 
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