Sec. 823. PILOT PROGRAM ON SYSTEMS ENGINEERING DETERMINATIONS
1,265 words·~6 min read·
/statute-compilations/comps-16861/sec-823A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 823 PILOT PROGRAM ON SYSTEMS ENGINEERING DETERMINATIONS **[**[10 U.S.C. 4001 note](/us/usc/t10/s4001)**]** ###
(a)Requirement As soon as practicable but not later than September 30, 2023, the Secretary of Defense shall ensure that each covered entity enters into at least two covered transactions under an authority described in subsection (b), where each such covered transaction includes the system engineering determinations described under subsection (c). ###
(b)Covered Authorities The authorities described under this subsection are as follows: ####
(1)Section 2371 of title 10, United States Code, with respect to applied and advanced research project transactions relating to weapons systems. ####
(2)Section 2371b of such title, with respect to transactions relating to weapons systems. ####
(3)Section 2373 of such title. ####
(4)Section 2358 of such title, with respect to transactions relating to weapons systems. ###
(c)Systems Engineering Determinations ####
(1)First determination #####
(A)Success criteria The head of a covered entity that enters into a covered transaction under this section shall identify, in writing, not later than 30 days after entering into such covered transaction, measurable success criteria related to potential military applications of such covered transaction, to be demonstrated not later than the last day of the period of performance for such covered transaction. #####
(B)Types of determinations Not later than 30 days after the end of such period of performance, the head of the covered entity shall make one of the following determinations: ######
(i)A “Discontinue” determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination. ######
(ii)A “Retain and Extend” determination, under which such head ensures continued performance of such covered transaction and extends the period of performance for a specified period of time in order to achieve the success criteria described under subparagraph (A). ######
(iii)An “Endorse and Refer” determination, under which such head endorses the covered transaction and refers it to the most appropriate Service Systems Engineering Command, based on the technical attributes of the covered transaction and the associated potential military applications, based on meeting or exceeding the success criteria. #####
(C)Written notice A determination made pursuant to subparagraph
(B)shall be documented in writing and provided to the person performing the covered transaction to which the determination relates. #####
(D)Further determination If the head of a covered entity issued a “Retain and Extend” determination described in subparagraph (B)(ii), such head shall, at the end of the extension period— ######
(i)issue an “Endorse and Refer” determination described in subparagraph (B)(iii) if the success criteria are met; or ######
(ii)issue a “Discontinue” determination described in subparagraph (B)(i) if the success criteria are not met. ####
(2)Second determination #####
(A)Systems engineering plan The head of the Service Systems Engineering Command that receives a referral from an “Endorse and Refer” determination described in paragraph (1)(B)(iii) shall, not later than 30 days after receipt of such referral, formulate a systems engineering plan with the person performing the referred covered transaction, technical experts of the Department of Defense, and any prospective portfolio acquisition executives. #####
(B)Elements The systems engineering plan required under subparagraph
(A)shall include the following: ######
(i)Measurable baseline technical capability, based on meeting the success criteria described in paragraph (1)(A). ######
(ii)Measurable transition technical capability, based on the technical needs of the prospective portfolio acquisition executives to support a current or future program of record. ######
(iii)Discrete technical development activities necessary to progress from the baseline technical capability to the transition technical capability, including an approximate cost and schedule, including activities that provide resolution to issues relating to— ######
(I)interfaces; ######
(II)data rights; ######
(III)Federal Government technical requirements; ######
(IV)specific platform technical integration; ######
(V)software development; ######
(VI)component, subsystem, or system prototyping; ######
(VII)scale models; ######
(VIII)technical manuals; ######
(IX)lifecycle sustainment needs; and ######
(X)other needs identified by the relevant portfolio acquisition executive. ######
(iv)Identification and commitment of funding sources to complete the activities under clause (iii). #####
(C)Types of determinations Not later than 30 days after the end of the schedule required by subparagraph (B)(iii), the head of the Service Systems Engineering Command shall make one of the following determinations: ######
(i)A “Discontinue” determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination. ######
(ii)A “Retain and Extend” determination, under which such head ensures continued performance of such covered transaction within the Service Systems Engineering Command and extends the period of performance for a specified period of time in order to— ######
(I)successfully complete the systems engineering plan required under subparagraph (A); and ######
(II)issue specific remedial or additional activities to the person performing the covered transaction. ######
(iii)An “Endorse and Refer” determination, under which such head endorses the covered transaction and refers it to a portfolio acquisition executive, based on successful completion of the systems engineering plan required under subparagraph (A). #####
(D)Written notice A determination made pursuant to subparagraph
(C)shall be documented in writing and provided to the person performing the covered transaction to which the determination relates and any prospective portfolio acquisition executives for such covered transaction. #####
(E)Further determination If the head of the Service Systems Engineering Command issued a “Retain and Extend” determination described in subparagraph (C)(ii), such head shall, at the end of the extension period— ######
(i)issue an “Endorse and Refer” determination described in subparagraph (C)(iii) if the transition technical capability criteria are met; or ######
(ii)issue a “Discontinue” determination described in subparagraph (B)(i) if the success criteria are not met. ###
(d)Priority for Covered Transaction Selection In selecting a covered transaction under this section, the Secretary shall prioritize those covered transactions that— ####
(1)are being initially demonstrated at a covered entity; ####
(2)demonstrate a high potential to be further developed by a Service Systems Engineering Command; and ####
(3)demonstrate a high potential to be used in a program of the Department of Defense. ###
(e)Notifications ####
(1)In general Not later than 30 days after a covered transaction is entered into pursuant to subsection (a), the Secretary of Defense shall notify the congressional defense committees of such covered transaction. ####
(2)Updates Not later than 120 days after such a covered transaction is entered into, and every 120 days thereafter until the action specified in subsection (c)(1)(B)(i), (c)(2)(C)(i), or (c)(2)(C)(iii) occurs, the Secretary of Defense shall provide written updates to the congressional defense committees on the actions being taken by the Department to comply with the requirements of this section. ###
(f)Briefing Required Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section. ###
(g)Definitions In this section: ####
(1)The term “covered entity” means— #####
(A)the Defense Innovation Unit; #####
(B)the Strategic Capabilities Office; or #####
(C)the Defense Advanced Research Projects Agency. ####
(2)The term “covered transaction” means a transaction, procurement, or project conducted pursuant to an authority listed in subsection (b). ####
(3)The term “Service Systems Engineering Command” means the specific Department of Defense command that reports through a chain of command to the head of a military department that specializes in the systems engineering of a system, subsystem, component, or capability area.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 823
PILOT PROGRAM ON SYSTEMS ENGINEERING DETERMINATIONS
Cites 1Cited by 0 across 0 sources