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10 U.S.C. § 3603 — Software acquisition pathways

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10 U.S.C. § 3603 — Software acquisition pathways

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Source location: Title 10, Chapter 253, § 3603; chapter-253-rapid-acquisition-procedures.md

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**(a) Software Acquisition and Development Pathways.—** 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. **(b) Pathways.—** The Secretary of Defense may establish as many pathways under this section as the Secretary determines appropriate and shall establish the following pathways: (1) **Applications.—** — 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. (2) **Embedded systems.—** — 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. **(c) Requirements for Pathways.—** 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. **(d) Considerations for Use of Authority.—** In using the authority under this section, the Secretary shall consider how such use will— (1) initiate the engineering of new software capabilities quickly and, if applicable, the integration of such capabilities into covered hardware; (2) 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 (3) allow for the continuous updating and delivery of new capabilities not less frequently than annually to iteratively meet a requirement. **(e) Treatment Not as Major Defense Acquisition Program.—** 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 title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim), United States Code, or Department of Defense Directive 5000.01 without the specific designation of such software and covered hardware by the Under Secretary of Defense for Acquisition and Sustainment or a service acquisition executive. **(f) Risk-based Approach.—** 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 and the combatant commanders. **(g) Expedited Process.—** (1) **In general.—** — A pathway established under this section shall provide for— (A) 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; (B) the collection of data on software and covered hardware fielded; and (C) continuous engagement with the users of software and covered hardware to support— (i) engineering activities of the Department of Defense; and (ii) delivery of software and covered hardware for operational use in periods of not more than one year. (2) **Expedited software requirements process.—** (A) *Inapplicability of 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 the Joint Capabilities Integration and Development System Manual, except pursuant to a modified process specifically provided for the acquisition or development of software by the Vice Chairman of the Joint Chiefs of Staff, in consultation with Under Secretary of Defense for Acquisition and Sustainment and each service acquisition executive. (B) *Inapplicability of defense acquisition system directive.—* — 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, except when specifically provided for the acquisition or development of software by the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Vice Chairman of the Joint Chiefs of Staff and each service acquisition executive. **(h) Elements.—** In implementing a pathway established under the authority of this section, the Secretary shall tailor requirements relating to— (1) iterative development of requirements for software and covered hardware to be acquired or developed under the authority of this section through engagement with the user community and through user feedback, in order to continuously define and update priorities for such requirements; (2) early identification of the warfighter or user needs including the rationale for how software and covered hardware to be acquired or developed under the authority of this section will be tailored to address such needs; (3) initial contract requirements and format, including the use of summary-level lists of problems in existing software and desired features or capabilities of new or upgraded software; (4) continuous refinement and prioritization of contract requirements, informed by continuous engagement with users throughout the period of development and implementation of software and covered hardware to be acquired or developed under this section; (5) continuous consideration of issues related to lifecycle costs, technical data rights, and systems interoperability; (6) planning for support of capabilities of software to be acquired or developed under this section if the software developer stops supporting the software; (7) rapid contracting procedures, including expedited timeframes for making awards, selecting contract types, defining teaming arrangements, and defining options; (8) program execution processes, including supporting development and test infrastructure, automation and tools, digital engineering, data collection and sharing with Department of Defense stakeholders and with Congress, the role of developmental and operational testing activities, key decision-making and oversight events, and supporting processes and activities (such as independent costing activity, operational demonstration, and performance metrics); (9) assurances that cybersecurity metrics of the software to be acquired or developed, such as metrics relating to the density of vulnerabilities within the code of such software, the time from vulnerability identification to patch availability, the existence of common weaknesses within such code, and other cybersecurity metrics based on widely-recognized standards and industry best practices, are generated and made available to the Department of Defense and the congressional defense committees; (10) administrative procedures, including procedures relating to who may initiate and approve an acquisition under this authority, the roles and responsibilities of persons implementing or supporting the use of authority under this section, team selection and staffing process, governance and oversight roles and responsibilities, and appropriate independent technology assessments, testing, and cost estimation (including relevant thresholds or designation criteria); (11) mechanisms and waivers designed to ensure flexibility in the implementation of a pathway under this section, including the use of other transaction authority, broad agency announcements, and other procedures; and (12) mechanisms the Secretary will use for appropriate reporting to Congress on the use of the authority under this section, including notice of initiation of the use of a pathway and data regarding individual programs or acquisition activities, how acquisition activities are reflected in budget justification materials or requests to reprogram appropriated funds, and compliance with other reporting requirements. **(i) Definitions.—** In this section: (1) The term “covered hardware” means hardware— (A) that is a commercial product (as defined in [section 103 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103&num=0&edition=prelim)) or a nondevelopmental item; and (B) in which software acquired under this section is embedded. (2) The term “nondevelopmental item” has the meaning given in [section 110 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section110&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 103 — Commercial product

In this subtitle, the term “commercial product” means any of the following: (1) A product, other than real property, that— (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. (2) A product that— (A) evolved from a product described in paragraph (1) through advances in technology or performance; and (B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation. (3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for— (A) modifications of a type customarily available in the commercial marketplace; or (B) minor modifications made to meet Federal Government requirements. (4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public. (5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. (6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that— (A) the product was developed exclusively at private expense; and (B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4201 — Major defense acquisition programs: definition; exceptions

**(a) Definition.—** Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and— (1) that is designated by the Secretary of Defense as a major defense acquisition program; or (2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require— (A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or (B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars). **(b) Exceptions.—** In this part, the term “major defense acquisition program” does not include the following: (1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3602&num=0&edition=prelim). (2) An acquisition program for a defense business system (as defined in [section 2222(i)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222/i/1&num=0&edition=prelim)) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; [10 U.S.C. 2223a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2223a&num=0&edition=prelim) note).11 See References in

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 110 — Nondevelopmental item

In this subtitle, the term “nondevelopmental item” means— (1) a commercial product; (2) a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement; (3) an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or (4) an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4571 — Repealed. Pub. L. 119–60, div. A, title VIII, § 811(a)(1), Dec. 18, 2025, 139 Stat. 948]

### Statutory Notes Section, added Pub. L. 111–383, div. A, title VIII, § 805(a)(1), Jan. 7, 2011, 124 Stat. 4259, § 2223a; renumbered § 4571 and amended Pub. L. 116–283, div. A, title XVIII, § 1857(b), Jan. 1, 2021, 134 Stat. 4276, related to information technology acquisition: planning and oversight processes. #### Electromagnetic Spectrum Demonstration Program Pub. L. 118–159, div. A, title II, § 234, Dec. 23, 2024, 138 Stat. 1839, which authorized a demonstration program to assess the viability of using wideband adaptive signal processing technology to support simultaneous transmit and receive signals on the same electromagnetic spectrum frequency band, was transferred and is set out as a note under [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim). #### Policies for Management and Certification of Link 16 Military Tactical Data Link Network Pub. L. 118–31, div. A, title II, § 228, Dec. 22, 2023, 137 Stat. 199, as amended by Pub. L. 119–60, div. A, title II, § 216, Dec. 18, 2025, 139 Stat. 775, which directed the Secretary of Defense shall develop and implement policies to adapt Link 16 system management and certification to align with agile development practices, was transferred and is set out as a note under [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim). #### Requirements for Deployment of Fifth Generation Information and Communications Capabilities to Military Installations and Other Department Facilities Pub. L. 118–31, div. A, title XV, § 1526, Dec. 22, 2023, 137 Stat. 557, which required the Secretary of Defense shall develop and implement a strategy for deploying to military installations a

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4571

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 139 — Director of Operational Test and Evaluation

**(a)** (1) There is a Director of Operational Test and Evaluation in the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the office of Director. The Director may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. (2) In this section: (A) The term “operational test and evaluation” means— (i) the field test, under realistic combat conditions, of any item of (or key component of) weapons, equipment, or munitions for the purpose of determining the effectiveness and suitability of the weapons, equipment, or munitions for use in combat by typical military users; and (ii) the evaluation of the results of such test. (B) The term “major defense acquisition program” means a Department of Defense acquisition program that is a major defense acquisition program for purposes of [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim) or that is designated as such a program by the Director for purposes of this section. **(b)** The Director is the principal adviser to the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering on operational test and evaluation in the Department of Defense and the principal operational test and evaluation official within the senior management of the Department of Defense. The Director shall— (1) ensure that all operational test and evaluation activities are aligned with, and are condu

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1749 — Field training for acquisition and sustainment

**(a) Training Program.—** Not later than 180 days after the date of the enactment of this section, the Under Secretary for Acquisition and Sustainment shall establish a training program that supports cross-functional personnel and contractors of the Department of Defense involved in any phase of the acquisition and sustainment lifecycle in making important decisions with respect to acquisition or sustainment, including requirements validation, the development of an acquisition strategy, awarding contracts, and ongoing management of performance and governance. **(b) Elements.—** The training program established under subsection (a) shall— (1) create deployable training teams to coach the cross-functional personnel and contractors described in subsection (a) and facilitate such personnel and contractors successfully completing a phase of an acquisition or sustainment effort with the same training team to the maximum extent possible; (2) to the extent practicable, ensure that the same training team under paragraph (1) provides the support described under such paragraph with respect to a phase of an acquisition or sustainment effort until such phase is completed or otherwise ends; (3) provide to the cross-functional personnel and contractors described in subsection (a) short, intermittent lessons on innovative acquisition and fielding procedures, flexible contracting frameworks, and business negotiation skills that are timed to align the topics of the lessons to relevant activities under a phase of an acquisition or sustainment effort; (4) emphasize— (A) the acquisition of commercial products, commercial services, and commercially available off-the-shelf items (as such terms are defined in sections 103, 103a, and 104, respectively, of title 41); (B) technology p

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1749

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4001 — Research and development projects

**(a) Authority.—** The Secretary of Defense or the Secretary of a military department may engage in basic research, applied research, advanced research, and development projects that— (1) are necessary to the responsibilities of such Secretary’s department in the field of research and development; and (2) either— (A) relate to weapon systems and other military needs; or (B) are of potential interest to the Department of Defense. **(b) Authorized Means.—** The Secretary of Defense or the Secretary of a military department may perform research and development projects— (1) by contract, cooperative agreement, or grant, in accordance with chapter 63 of title 31; (2) through one or more military departments; (3) by using employees and consultants of the Department of Defense; (4) by mutual agreement with the head of any other department or agency of the Federal Government; (5) by transactions (other than contracts, cooperative agreements, and grants) entered into pursuant to section 4021 or 4022 of this title; or (6) by purchases through procurement for experimental purposes pursuant to [section 4023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4023&num=0&edition=prelim). **(c) Requirement of Potential Department of Defense Interest.—** Funds appropriated to the Department of Defense or to a military department may not be used to finance any research project or study unless the project or study is, in the opinion of the Secretary of Defense or the Secretary of that military department, respectively, of potential interest to the Department of Defense or to such military department, respectively. **(d) Additional Provisions Applicable to Cooperative Agreements.—** Additional authorities, conditions, and requiremen

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4171 — Operational test and evaluation of defense acquisition programs

**(a) Condition for Proceeding Beyond Low-rate Initial Production.—** (1) The Secretary of Defense shall provide that a covered major defense acquisition program, a covered designated major subprogram, or an element of the ballistic missile defense system may not proceed beyond low-rate initial production until initial operational test and evaluation of the program, subprogram, or element is completed. (2) In this subsection: (A) The term “covered major defense acquisition program” means a major defense acquisition program that involves the acquisition of a weapon system that is a major system. (B) The term “covered designated major subprogram” means a major subprogram designated under [section 4203(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4203/a/1&num=0&edition=prelim) that is a major subprogram of a covered major defense acquisition program. **(b) Operational Test and Evaluation.—** (1) Operational testing of a major defense acquisition program may not be conducted until the Director of Operational Test and Evaluation of the Department of Defense approves (in writing) the adequacy of the plans (including the projected level of funding) for operational test and evaluation to be conducted in connection with that program. (2) The Director shall analyze the results of the operational test and evaluation conducted for each major defense acquisition program. At the conclusion of such testing, the Director shall prepare a report stating— (A) the opinion of the Director as to— (i) whether the test and evaluation performed were adequate; and (ii) whether the results of such test and evaluation confirm that the items or components actually tested are effective and suitable for combat; and (B) add

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4171

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9081 — The United States Space Force

**(a) Establishment.—** There is established a United States Space Force as an armed force within the Department of the Air Force. **(b) Composition.—** The Space Force consists of— (1) the Regular Space Force; (2) all persons appointed or enlisted in, or conscripted into, the Space Force, including those not assigned to units, necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency; and (3) all Space Force units and other Space Force organizations, including installations and supporting and auxiliary combat, training, administrative, and logistic elements. **(c) Functions.—** The Space Force shall be organized, trained, and equipped to— (1) provide freedom of operation for the United States in, from, and to space; (2) conduct space operations; and (3) protect the interests of the United States in space.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3603 — Software acquisition pathways

Page 2515 TITLE 10—ARMED FORCES § 3603 1 So in original. Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 114–92, div. A, title VIII, § 804, Nov. 25, 2015, 129 Stat. 882, as amended by Pub. L. 114–328, div. A, title VIII, §§ 849(a), 864(b), 897, title X, § 1081(c)(2), Dec. 23, 2016, 130 Stat. 2293, 2304, 2327, 2419; Pub. L. 115–91, div. A, title VIII, § 866, Dec. 12, 2017, 131 Stat. 1495; Pub. L. 116–92, div. A, title IX, § 902(33), Dec. 20, 2019, 133 Stat. 1546; Pub. L. 116–283, div. A, title VIII, § 805, Jan. 1, 2021, 134 Stat. 3742, which was set out in a note preceding section 3201 of this title, prior to repeal by Pub. L. 118–159, div. A, title VIII, § 804(b), Dec. 23, 2024, 138 Stat. 1968. § 3603. Software acquisition pathways (a) SOFTWARE ACQUISITION AND DEVELOPMENT PATHWAYS.—The Secretary of Defense shall es- tablish pathways as described under subsection (b) to provide for the efficient and effective ac- quisition, development, integration, and timely delivery of software and covered hardware. Such a pathway shall include the following: 1 (b) PATHWAYS.—The Secretary of Defense may establish as many pathways under this section as the Secretary determines appropriate and shall establish the following pathways: (1) APPLICATIONS.—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 in- clude 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 n

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