Sec. 317. Middle tier of acquisition for rapid prototyping and rapid fielding

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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 shall establish pathways as described under subsection

(b)to establish a process for conducting middle tier acquisitions for programs or projects that are intended to be completed in a period of two to five years. The Under Secretary of Defense for Acquisition and Sustainment shall establish 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 or project 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 initiation. 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 or project under this pathway shall be to begin production within six months and complete fielding within five years of initiation. Before using the authority under this section, the Under Secretary shall develop a streamlined and coordinated requirements, budget, and acquisition process that results in the development of an approved requirement for each acquisition program or project in a period of not more than six months from the time that process is initiated. Programs of projects carried out under the authority of this section 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 process described in paragraph

(1)shall include— a merit-based process for considering innovative technologies and new capabilities to meet needs communicated the Joint Chiefs of Staff or the combatant commanders; a process for developing and implementing acquisition and funding strategies for a program or project to be carried out under such pathway; a process for demonstrating and evaluating the performance of fieldable prototypes developed pursuant to such program or project in an operational environment; a process for transitioning successful prototypes into new or existing acquisition programs for production and fielding under the rapid fielding or major capability acquisition pathway (as defined under Department of Defense Instruction 5000.85 or successor instruction); and a process for iterating prototyping and fielding within the rapid prototyping pathway that may use a process described in paragraph (4)(E). With respect to the rapid fielding pathway, the process described in paragraph

(1)shall include— a merit-based process for considering innovative technologies and new capabilities to meet needs communicated the Joint Chiefs of Staff or the combatant commanders; a process for developing and implementing acquisition and funding strategies for a program or project to be carried out under such pathway; a process for demonstrating performance and evaluating for current operational purposes and the proposed products and technologies; 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 process described in paragraph

(1)shall provide for all of the following streamlined procedures: A program manager shall be provided staff positions for a technical staff, including experts in business management, cost estimation, contracting, auditing, engineering, certification, testing, cyber, and logistics, to enable the program manager to manage the program or project without the technical assistance of another element of the Department of Defense to the maximum extent practicable. A program manager shall, in coordination with the users of the good or service to be acquired under such a program or project and the test community, have the authority to make trade-offs among lifecycle costs, requirements, and schedules to meet the goals of the program or project. Each service acquisition executive, acting in coordination with the defense acquisition executive, may serve as the decision authority for a program or project for which the authority under this section is used or shall delegate such decision authority. A program manager may seek an expedited 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 such program or project. If an operational capability is demonstrated for a program or project for which the authority under this section is used, the appropriate service acquisition executive may permit continuous iterative prototyping and fielding under the same program or project for an unlimited number of subsequent periods, where each period is intended to be five years. . 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. Section 3601 of title 10, United States Code, is amended— in subsection (a)— in paragraph (1)(B), by striking section 804 rapid acquisition pathway and inserting rapid acquisition pathway ; and by amending paragraph

(2)to read as follows: In this section, the term rapid acquisition pathway means the rapid prototyping or the rapid fielding acquisition pathway authorized under section 3602 of this title. ; in subsection (b)(4), by striking the guidance developed under section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 ( and inserting Public Law 114–92 ; 10 U.S.C. 3201 note prec.) section 3602 of this title ; and in subsection (c), by striking section 804 rapid acquisition pathway each place it appears and inserting rapid acquisition pathway . Section 4201(b)(1) of title 10, United States Code, is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( and inserting Public Law 114–92 ; 10 U.S.C. 3201 note prec.) section 3602 of this title . Section 4324(d)(5)(B) of title 10, United States Code, is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( and inserting Public Law 114–92 ; 10 U.S.C. 2302 note) section 3602 of this title . Section 4423(e) of title 10, United States Code, is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( and inserting Public Law 114–92 ; 10 U.S.C. 2302 note) section 3602 of this title . Section 810(a) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 4067 note) is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( and inserting Public Law 114–92 ; 10 U.S.C. 3201 note prec.) section 3602 of title 10, United States Code . Section 1608(e) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 2271 note) is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( and inserting Public Law 114–92 ; 10 U.S.C. 3201 note prec.) section 3602 of title 10, United States Code . Section 807(e)(4) of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 9081 note) is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( and inserting Public Law 114–92 ; 10 U.S.C. 2302 note) section 3602 of title 10, United States Code . Section 884(c)(2)(E) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 4291 note prec.) is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( and inserting Public Law 114–92 ; 10 U.S.C. 2302 note) section 3602 of title 10, United States Code .

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