Sec. 1674. Nonstandard acquisition processes of Missile Defense Agency
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It is the sense of the Senate that— the Department of Defense needs to provide capabilities at the speed of relevance that are more lethal, and to ensure acquisition processes fulfill the needs of members of the Armed Forces now and in the future; significant defense acquisition reforms enacted over the past three National Defense Authorization Acts have improved access to nontraditional and commercial innovation and to expanded flexible acquisition authorities in the development of alternative acquisition pathways to acquire critical national security capabilities; the Department appropriately recently recognized the Missile Defense Agency for its acquisition success by presenting it with the 2018 David Packard Excellence in Acquisition Award for the development of the Space-Based Kill Assessment
(SKA)program and the Missile Defense Agency should be commended for its numerous and rapid acquisition successes; the recently completed Missile Defense Review explicitly highlights, in stark terms, the threat posed to the United States by ballistic and hypersonic missile threats; and the Missile Defense Agency should maintain its nonstandard acquisition authorities in order to continue to rapidly design, test, and deliver critically needed defensive capabilities to the warfighter. None of the funds authorized to be appropriated by this Act may be obligated or expended to change the nonstandard acquisition processes and responsibilities described in paragraph
(2)until the Secretary— has consulted with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Policy, the secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of United States Strategic Command (USSTRATCOM), the Commander of United States Northern Command (USNORTHCOM), and the Director of the Missile Defense Agency; certifies to the congressional defense committees that the Secretary has coordinated the changes with and received the views of the individuals referred to in subparagraph (A); submits to the congressional defense committees a report describing the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph
(A)with respect to such changes; and a period of 270 days has elapsed since submittal of the report under subparagraph (C). The nonstandard acquisition processes and responsibilities described in this paragraph are such processes and responsibilities described in— the memorandum of the Secretary of Defense titled Missile Defense Program Direction signed on January 2, 2002; and Department of Defense Directive 5134.09, as in effect on the date of the enactment of this Act.