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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 809

Sec. 809. ASSESSMENTS OF THE PROCESS FOR DEVELOPING CAPABILITY REQUIREMENTS FOR DEPARTMENT OF DEFENSE ACQUISITION PROGRAMS

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## SEC. 809 ASSESSMENTS OF THE PROCESS FOR DEVELOPING CAPABILITY REQUIREMENTS FOR DEPARTMENT OF DEFENSE ACQUISITION PROGRAMS ###
(a)In General The Secretary of Defense and the individual appointed under section 2361a(c) of title 10, United States Code, (in this section referred to as the “Director”) shall each— ####
(1)conduct an assessment of the processes for developing and approving capability requirements for the acquisition programs of the Department of Defense and each military department; and ####
(2)develop recommendations for reforming such process to improve the agility and timeliness of such process. ###
(b)Assessment Elements Each assessment conducted under subsection
(a)shall include the following: ####
(1)An assessment of the— #####
(A)adherence of the capability requirements development and approval processes to statute, regulations, policies, and directives; #####
(B)alignment and standardization of the capability requirements development, acquisition, and budget processes; #####
(C)technical feasibility of each approved capability requirement; #####
(D)training and development of the workforce in capability requirements development and evaluation; #####
(E)ability of the process for developing capability requirements to address the urgent needs of the Department of Defense; #####
(F)capacity to review changes in capability requirements for programs of record; #####
(G)validation of decisions made to approve capability requirements and the alignment of each such decision to the national defense strategy required under section 113(g) of title 10, United States Code; #####
(H)extent to which portfolio management techniques are used in the process for developing capability requirements to coordinate decisions and avoid duplication of capabilities across acquisition programs; and #####
(I)implementation by each military department of Comptroller General of the United States recommendations pertaining to the process for developing and approving capability requirements. ####
(2)A comprehensive analysis of the circumstances and factors contributing to the length of time between the start of a Capabilities-Based Assessment and the date the Joint Requirements Oversight Council approves the related Capability Development Document. ####
(3)Identification and comparison of best practices in the private sector and the public sector for the development and approval of capability requirements. ####
(4)Any additional matters that the Secretary or Director determine appropriate. ###
(c)Reports ####
(1)Assessment by secretary Not later than October 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the assessment conducted by the Secretary under subsection (a), including— #####
(A)a description of such assessment; #####
(B)the results of such assessment, including the analysis described in subsection (b)(2); #####
(C)a plan to reduce, when appropriate, the length of time between the start of a Capabilities-Based Assessment and the date the Joint Requirements Oversight Council approves the related Capability Development Document; and #####
(D)any additional recommendations for legislation, regulations, or policies that the Secretary determines appropriate. ####
(2)Assessment by director #####
(A)Report to secretary Not later than November 30, 2021, the Director shall submit to the Secretary of Defense a report on the assessment conducted by the Director pursuant to subsection (a). #####
(B)Report to congress Not later than January 1, 2022, the Secretary of Defense shall submit to the congressional defense committees the report described in subparagraph
(A)together with such comments as the Secretary determines appropriate, including— ######
(i)a description and the results of the assessment conducted pursuant to subsection (a)(2); ######
(ii)recommendations on how the Department of Defense can improve the efficiency of developing and approving capability requirements; and ######
(iii)any additional recommendations for legislation, regulations, or policies that the Secretary determines appropriate. ## Subtitle B Amendments to General Contracting Authorities, Procedures, and Limitations
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