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Code · BILL · 118th Congress · S. 4638 (Reported in Senate) — To authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military c... · Sec. 805

Sec. 805. Middle tier of acquisition for rapid prototyping and rapid fielding

829 words·~4 min read·/bill/118/s/4638/rs/section-805

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Chapter 253 of title 10, United States Code, is amended by adding at the end the following new section: The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Comptroller of the Department of Defense and the Vice Chairman of the Joint Chiefs of Staff, shall establish guidance for a middle tier of acquisition programs that are intended to be completed in a period of two to five years. The guidance required by subsection
(a)shall cover the following two acquisition pathways: The rapid prototyping pathway shall provide for the use of innovative technologies to rapidly develop fieldable prototypes to demonstrate new capabilities and meet emerging military needs. The objective of an acquisition program under this pathway shall be to field a prototype that can be demonstrated in an operational environment and provide for a residual operational capability within five years of the development of an approved requirement. The rapid fielding pathway shall provide for the use of proven technologies to field production quantities of new or upgraded systems with minimal development required. The objective of an acquisition program under this pathway shall be to begin production within six months and complete fielding within five years of the development of an approved requirement. The guidance required by subsection
(a)shall provide for a streamlined and coordinated requirements, budget, and acquisition process that results in the development of an approved requirement for each program in a period of not more than six months from the time that the process is initiated. Programs that are subject to the guidance shall not be subject to the Joint Capabilities Integration and Development System Manual and Department of Defense Directive 5000.01. With respect to the rapid prototyping pathway, the guidance shall include— a merit-based process for the consideration of innovative technologies and new capabilities to meet needs communicated by the Joint Chiefs of Staff and the combatant commanders; a process for developing and implementing acquisition and funding strategies for the program; a process for demonstrating and evaluating the performance of fieldable prototypes developed pursuant to the program in an operational environment; and a process for transitioning successful prototypes to new or existing acquisition programs for production and fielding under the rapid fielding pathway or the traditional acquisition system, or for iterating within the rapid prototyping pathway using a process provided pursuant to paragraph (4)(F). With respect to the rapid fielding pathway, the guidance shall include— a merit-based process for the consideration of existing products and proven technologies to meet needs communicated by the Joint Chiefs of Staff and the combatant commanders; a process for demonstrating performance and evaluating for current operational purposes the proposed products and technologies; a process for developing and implementing acquisition and funding strategies for the program; a process for considering lifecycle costs and addressing issues of logistics support and system interoperability; and a process for identifying and exploiting opportunities to use the rapid fielding pathway to reduce total ownership costs. The guidance for the programs shall provide for any of the following streamlined procedures: The service acquisition executive of the military department concerned shall appoint a program manager for such program from among candidates from among civilian employees or members of the armed forces who have significant and relevant experience managing large and complex programs. The program manager of a defense streamlined program shall be provided staff positions for a technical staff, including experts in business management, cost estimation, contracting, auditing, engineering, certification, testing, certification, and logistics, to enable the manager to manage the program without the technical assistance of another organizational unit of an agency to the maximum extent practicable. The program manager of a defense streamlined program shall be authorized, in coordination with the users of the equipment and capability to be acquired and the test community, to make trade-offs among life-cycle costs, requirements, and schedules to meet the goals of the program. The service acquisition executive, acting in coordination with the defense acquisition executive, shall serve as the decision authority for the program, or delegate decision authority at their discretion. The program manager of a defense streamlined program shall be provided a process to expeditiously seek a waiver from any regulatory requirement, or in the case of a statutory requirement, a waiver from Congress, that the program manager determines adds cost, schedule, or performance delays with little or no value to the management of the program. Service acquisition executives shall develop an expedited review process to permit continuous iterative prototyping and fielding cycles under the same program provided operational capability is fielded within every five-year period. . The table of sections at the beginning of chapter 253 of title 10, United States Code, is amended by inserting after the item relating to section 3601 the following new item: 3602. Middle tier of acquisition for rapid prototyping and rapid fielding. . Section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3201 note prec.) is repealed.
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Sec. 805
Middle tier of acquisition for rapid prototyping and rapid fielding
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