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Code · BILL · 119th Congress · H.R. 3838 (Engrossed in House) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 1801

Sec. 1801. Alignment of the defense acquisition system with the needs of members of the Armed Forces

1,339 words·~6 min read·/bill/119/hr/3838/eh/section-1801

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Section 3102 of title 10, United States Code, is amended to read as follows: The Secretary of Defense shall ensure that the defense acquisition system exists to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable. The Secretary of Defense shall issue guidance to carry out subsection
(a)that requires the following: All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense. The defense acquisition system maximizes the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability. The defense acquisition system encourages and supports the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threats. The defense acquisition system encourages an iterative approach to designing and testing technical solutions to enable early identification of solutions that do not deliver desired results. The defense acquisition system supports a leadership and organizational structure that encourages risk-taking, collaboration, and learning through failure. The training and development of members of the acquisition workforce ensures that such members have the skills to effectively manage acquisition activities in accordance with this section. . Section 133b(b) of title 10, United States Code, is amended— in paragraph (1), by striking delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department) and inserting expeditiously providing the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable ; and in paragraph (9)(A), by striking defense acquisition programs and inserting the defense acquisition system, in accordance with the objectives established by section 3102 of this title . Section 139 of title 10, United States Code, is amended— in subsection (b), by redesignating paragraphs
(1)through
(6)as paragraphs
(2)through (7), respectively; and by inserting before paragraph (2), as so redesignated, the following new paragraph: ensure that all operational test and evaluation activities are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established by section 3102 of this title; . Section 139a(d) of title 10, United States Code, is amended by inserting shall carry out the requirements of this section in accordance with the objectives established by section 3102 of this title and before shall serve . Section 3103 of title 10, United States Code, is amended— in subsection (a), by striking to ensure the successful and efficient operation of the defense acquisition system and inserting in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title ; and in subsection (b), by striking to ensure the successful and efficient operation of such elements of the defense acquisition system. and inserting the following: in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall perform the following: Implement strategies to effectively and efficiently respond to changes in capability requirements. Use data-driven decisionmaking to manage trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver the best value for the investment made in the program. Use iterative development cycles and discontinue or terminate the development of capabilities— that no longer align with approved capability requirements or priorities; or are experiencing significant cost growth, performance deficiencies, or delays in schedule. Provide to the Joint Requirements Council timely updates on changes to the acquisition programs under the service acquisition executive, including any material changes to the capability requirements, the quantity to be procured, or the delivery schedule, to enable the Joint Requirements Council to identify and prioritize gaps in joint military capabilities resulting from such changes in accordance with section 181(b) of this title. Ensure the period of assignment of an individual serving in a critical acquisition position (as defined in section 1731 of this title) is of sufficient duration to ensure the development and use of acquired expertise, institutional capacity, accountability in decisionmaking, and stability in the oversight and management of acquisition activities. Ensure that contracting officers are appropriately trained and assigned to support effective contract management. . Section 3104(a) of title 10, United States Code, is amended— by inserting , in accordance with the objectives established pursuant to section 3102, after Secretary of the military department concerned ; and by amending paragraphs
(1)through
(7)to read as follows: The development of capability requirement statements for equipping the armed force concerned that— describe the operational problem to provide necessary context for the capability requirement; and describe the solution sought in a non-prescriptive manner to allow agile and innovative capability development to address the operational problem; The implementation of strategies to effectively and efficiently inform recommendations regarding changes in capability requirements described in paragraph (1). The recommendation of trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition programs deliver best value for the investment made. In consultation with the Joint Requirements Council, the establishment and prioritization of requirements to expeditiously provide the armed forces with the capabilities needed to operate effectively, to address evolving threats, and to maintain the military advantage of the United States. The use of data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements (as defined in section 4322 of this title) and the materiel readiness objectives established by the Secretary of the military department concerned under section 118(c) of this title. Support for an environment that enables the adoption and integration of innovative solutions and technologies to enhance military effectiveness and responsiveness. Any recommendation for the termination of the development of capabilities— that no longer align with approved capability requirements or priorities; for which costs have significantly increased; or for which schedule delays have been significant. Support for the development of career paths in acquisition for military personnel (as required by section 1722a of this title) to ensure such personnel have the necessary skills, knowledge, and experience to fulfill the objectives established pursuant to section 3102 of this title. . Section 3104(b) of title 10, United States Code, is amended— in paragraph (1), by striking program capability document supporting a Milestone B or subsequent decision and inserting requirements documents ; and in paragraph (2)— in subparagraph (A), by striking prior to entry into the Materiel Solution Analysis Phase under Department of Defense Instruction 5000.02 ; and in subparagraph (B), by striking cost, schedule, technical feasibility, and performance trade-offs and inserting life-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs . Section 3104(d) of title 10, United States Code, is amended to read as follows: In this section, the term requirements document means a document that establishes the need for a materiel approach to resolve a capability requirement or a joint capability requirement (as such terms are defined in section 181 of this title). . Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Directive 5000.01 and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section. Section 3101 of title 10, United States Code, is amended to read as follows: In this chapter: The term best value means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule. The term capability requirement has the meaning provided in section 181 of this title. The term cost-effective means, with respect to an acquisition, the capacity to deliver better results for the same or lower cost compared to alternatives. . Section 3001(c) of title 10, United States Code, is amended by striking this section and inserting this part .
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