Sec. 833. PILOT PROGRAM ON ACQUISITION PRACTICES FOR EMERGING TECHNOLOGIES
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## SEC. 833 PILOT PROGRAM ON ACQUISITION PRACTICES FOR EMERGING TECHNOLOGIES **[**[10 U.S.C. 4001 note](/us/usc/t10/s4001)**]** ###
(a)In General Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment or the Under Secretary’s designee, shall establish a pilot program (in this section referred to as the “Pilot Program”) to develop and implement unique acquisition mechanisms for emerging technologies in order to increase the speed of transition of emerging technologies into acquisition programs or into operational use. ###
(b)Elements In carrying out the Pilot Program, the Under Secretary of Defense for Acquisition and Sustainment shall— ####
(1)identify, and award agreements to, not less than four new projects supporting high-priority defense modernization activities, consistent with the National Defense Strategy, with consideration given to— #####
(A)offensive missile capabilities; #####
(B)space-based assets; #####
(C)personnel and quality of life improvement; #####
(D)energy generation and storage; and #####
(E)any other area activities the Under Secretary determines appropriate; ####
(2)develop a unique acquisition plan for each project identified pursuant to paragraph
(1)that is significantly novel from standard Department of Defense acquisition practices, including the use of— #####
(A)alternative price evaluation models; #####
(B)alternative independent cost estimation methodologies; #####
(C)alternative market research methods; #####
(D)continuous assessment of performance metrics to measure project value for use in program management and oversight; #####
(E)alternative intellectual property strategies, including activities to support modular open system approaches (as defined in section 2446a(b) of title 10, United States Code) and reduce life-cycle and sustainment costs; and #####
(F)other alternative practices identified by the Under Secretary; ####
(3)execute the acquisition plans described in paragraph
(2)and award agreements in an expedited manner; and ####
(4)determine if existing authorities are sufficient to carry out the activities described in this subsection and, if not, submit to the congressional defense committees recommendations for statutory reforms that will provide sufficient authority. ###
(c)Regulation Waiver The Under Secretary of Defense for Acquisition and Sustainment shall establish mechanisms for the Under Secretary to waive, upon request, regulations, directives, or policies of the Department of Defense, a military service, or a Defense Agency with respect to a project awarded an agreement under the Pilot Program if the Under Secretary determines that such a waiver furthers the purposes of the Pilot Program, unless such waiver would be prohibited by a provision of a Federal statute or common law. ###
(d)Agreement Termination ####
(1)In general The Secretary of Defense may establish procedures to terminate agreements awarded under the Pilot Program. ####
(2)Notification required Any procedure established under paragraph
(1)shall require that, not later than 30 days prior to the termination of any agreement under such procedure, notice of such termination shall be provided to the congressional defense committees. ###
(e)Pilot Program Advisory Group ####
(1)In general The Under Secretary of Defense for Acquisition and Sustainment shall establish a Pilot Program advisory group to advise the Under Secretary on— #####
(A)the selection, management and elements of projects under the Pilot Program; #####
(B)the collection of data regarding the use of the Pilot Program; and #####
(C)the termination of agreements under the Pilot Program. ####
(2)Membership #####
(A)In general The members of the advisory group established under paragraph
(1)shall be appointed as follows: ######
(i)One member from each military department (as defined under section 101(a) of title 10, United States Code), appointed by the Secretary of the military department concerned. ######
(ii)One member appointed by the Under Secretary of Defense for Research and Engineering. ######
(iii)One member appointed by the Under Secretary of Defense for Acquisition and Sustainment. ######
(iv)One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense. ######
(v)One member appointed by the Director of the Defense Advanced Research Projects Agency. ######
(vi)One member appointed by the Director of Cost Assessment and Program Evaluation. ######
(vii)One member appointed by the Director of Operational Test and Evaluation. #####
(B)Deadline for appointment Members of the advisory group shall be appointed not later than 30 days after the date of the establishment of the pilot program under subsection (a). ####
(3)FACA non-applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group established under paragraph (1). ###
(f)Information to Congress ####
(1)Briefing requirement Not later than 180 days after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on activities performed under this section. ####
(2)Budget justification materials The Secretary shall establish procedures to clearly identify all projects under the Pilot Program in budget justification materials submitted to Congress. ###
(g)Data Requirements ####
(1)Collection and analysis of data The Secretary shall establish mechanisms to collect and analyze data on the execution of the Pilot Program for the purpose of— #####
(A)developing and sharing best practices for achieving goals established for the Pilot Program; #####
(B)providing information to the Secretary and the congressional defense committees on the execution of the Pilot Program; and #####
(C)providing information to the Secretary and the congressional defense committees on related policy issues. ####
(2)Data strategy required The Secretary may not establish the Pilot Program prior to completion of a plan for— #####
(A)meeting the requirements of this subsection; #####
(B)collecting the data required to carry out an evaluation of the lessons learned from the Pilot Program; and #####
(C)conducting such evaluation. ###
(h)Termination The Pilot Program shall terminate on the earlier of— ####
(1)the date on which each project identified under subsection (b)(1) has either been completed or has had all agreements awarded to such project under the Pilot Program terminated; or ####
(2)the date that is five years after the date of the enactment of this Act. **[**Section 834 repealed by section 861(b) of division A of Public Law 118–159.**]**
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Sec. 833
PILOT PROGRAM ON ACQUISITION PRACTICES FOR EMERGING TECHNOLOGIES
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