HOME  |  CONTENTS  |  DISCUSSIONS  DISCUSSION ARCHIVES  |  BLOG  |  QUICK-KITs|  STATES

How To Use the NDAA Pages

Back to NDAA Contents

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management.

P. L. 117-81

Joint Explanatory Statement

SEC. 805. TWO-YEAR EXTENSION OF SELECTED ACQUISITION REPORT REQUIREMENT.

(a) Extension.--Section 2432(j) of title 10, United States Code, is amended by striking ``fiscal year 2021'' and inserting ``fiscal year 2023''.

(b) Demonstration Required.--

(1) In general.--Not later than March 1, 2022, and every six months thereafter, the Secretary of Defense shall provide to the congressional defense committees a demonstration of the capability improvements necessary to achieve the full operational capability of the reporting system that will replace the Selected Acquisition Report requirements under section 2432 of title 10, United States Code, as amended by subsection (a).

(2) Elements.--

(A) In general.--The demonstration required under paragraph
(1) shall incorporate the following elements:

(i) A demonstration of the full suite of data sharing capabilities of the reporting system referred to in paragraph (1) that can be accessed by authorized external users, including the congressional defense committees, for a range of covered programs across acquisition categories, including those selected under section 831 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1492).

(ii) The plans required under subsection (c), as available.

(B) Initial report.--In addition to the elements described in subparagraph (A), the first demonstration provided under paragraph (1) shall incorporate the findings of the report required under section 830(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1492).

(3) Termination.--The requirements under this subsection shall terminate upon the date on which the Secretary of Defense submits to the congressional defense committees a written certification of the determination of the Secretary that the reporting system referred to in paragraph (1) has achieved full operational capability.

(c) Plans Required for Data Gathering and Sharing.--

(1) Data required for improved decision making.--

(A) In general.--Not later than March 1, 2022, the Director of Cost Assessment and Program Evaluation shall prepare a plan for identifying and gathering the data required for effective decision making by program managers and Department of Defense leadership regarding covered programs.

(B) Contents.--The plan required under subparagraph (A) shall include--

(i) data that--

(I) address covered program progress compared to covered program cost, schedule, and performance goals;

(II) provide an assessment of covered program risks; and

(III) can be collected throughout the fiscal year without significant additional burden;

(ii) the data, information, and analytical capabilities supported by the reporting system referred to in subsection (b)(1);

(iii) the specific data elements needed to assess covered program performance and associated risks, including software development and cybersecurity risks, and an identification of any data elements that cannot be publicly released;

(iv) the types of covered programs to be included in the reporting system referred to in subsection (b)(1), including the dollar value threshold for inclusion, and the acquisition methodologies and pathways that are to be included;

(v) the criteria for initiating, modifying, and terminating reporting for covered programs in the reporting system referred to in subsection (b)(1), including program characteristics, acquisition methodology or pathway being used, cost growth or changes, and covered program performance; and

(vi) the planned reporting schedule for the reporting system referred to in subsection (b)(1), including when reports will be available to authorized external users and the intervals at which data will be updated.

(2) Improved data sharing within the department of defense and
with outside stakeholders.--

(A) In general.--Not later than July 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees the plan of the Department of Defense for the reporting system referred to in subsection (b)(1) to report to the congressional defense committees and effectively share information related to covered programs.

(B) Contents.--The plan required under subparagraph (A)
shall--

(i) incorporate the plan required under paragraph (1);

(ii) provide for reporting not less frequently than once per year and continuous or periodic updates for authorized external users, as appropriate, to increase the efficiency of, and reduce the bureaucratic burdens for, reporting data and information on acquisition programs;

(iii) identify the organizations responsible for implementation and overall operation of the reporting system referred to in subsection (b)(1);

(iv) identify the organizations responsible for providing data for inclusion in such reporting system and ensuring that data is provided in a timely fashion;

(v) include the schedule and milestones for implementing such reporting system;

(vi) identify, for such implementation--

(I) the resources required, including personnel and funding; and

(II) the implementation risks and how such risks will be mitigated;

(vii) identify the mechanisms by which reporting will be provided to the congressional defense committees and other authorized external users, including--

(I) identification of types of organizations that will have access to the system, including those outside the Department of Defense;

(II) how the system will be accessed by users, including those outside the Department of Defense; and

(III) how such users will be trained on the use of the system and what level of support will be available for such users on an ongoing basis; and

(viii) identify any changes to policy, guidance, or
legislation that are required to begin reporting to the
congressional defense committees in accordance with the plan.

(d) Covered Program Defined.--In this section, the term ``covered program'' means a program required to be included in a report submitted under section 2432 of title 10, United States Code.

Two-year extension of Selected Acquisition Report requirement (sec. 805)

The House bill contained a provision (sec. 815) that would restore the requirement for a report at the end of each fiscal year quarter on current major defense acquisition programs and any program to exceed $300.0 million.

The Senate amendment contained a similar provision (sec.854) that would make a similar extension and also require a demonstration of the replacement reporting system that includes the Department of Defense's plan for implementing such a system.

The agreement includes the Senate provision with an amendment that would clarify reporting responsibilities and the content of required reports.


H. R. 4350--House Report 117-118


Section 815--Extension of Requirement to Submit Selected Acquisition Reports

This section would restore the requirement for a report at the end of each fiscal-year quarter on current major defense acquisition programs and any program to exceed $300.0 million.


S. 2792--Senate Report117-39


Two-year extension of Selected Acquisition Report requirement (sec. 854)

The committee recommends a provision that would extend the requirement for Selected Acquisition Reports, as established under section 2432 of title 10, United States Code, through fiscal year 2023, and require a demonstration of the replacement reporting system that includes the Department of Defense's plan for implementing such a system.

The committee recognizes that the Secretary of Defense is in the process of developing an alternate approach for reporting on defense acquisition programs, pursuant to section
830 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92). The committee supports these ongoing efforts and notes the importance of replacing the Selected Acquisition Report requirement with an updated reporting construct for all acquisition programs that can be tailored to the acquisition pathways of the Department of Defense's new Adaptive Acquisition Framework. However, until these efforts are fully developed and implemented, the committee believes the requirement for Selected Acquisition Reports should be maintained to ensure the Congress continues to receive critical information about the cost, schedule, performance, and other challenges of the Department of Defense's largest acquisition programs.

 

ABOUT  l CONTACT