SEC. 804. Middle tier of acquisition for
rapid prototyping and rapid fielding.
(a) Guidance required.—Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, in consultation with the
Comptroller of the Department of Defense and the Vice Chairman
of the Joint Chiefs of Staff, shall establish guidance for a
“middle tier” of acquisition programs that are intended to be
completed in a period of two to five years.
(b) Acquisition pathways.—The guidance required by subsection
(a) shall cover the following two acquisition pathways:
(1) RAPID PROTOTYPING.—The rapid
prototyping pathway shall provide for the use of innovative
technologies to rapidly develop fieldable prototypes to
demonstrate new capabilities and meet emerging military needs.
The objective of an acquisition program under this pathway
shall be to field a prototype that can be demonstrated in an
operational environment and provide for a residual operational
capability within five years of the development of an approved
requirement.
(2) RAPID FIELDING.—The rapid fielding pathway shall provide
for the use of proven technologies to field production
quantities of new or upgraded systems with minimal development
required. The objective of an acquisition program under this
pathway shall be to begin production within six months and
complete fielding within five years of the development of an
approved requirement.
(c) Expedited process.—
(1) IN GENERAL.—The guidance required
by subsection (a) shall provide for a streamlined and
coordinated requirements, budget, and acquisition process that
results in the development of an approved requirement for each
program in a period of not more than six months from the time
that the process is initiated. Programs that are subject to
the guidance shall not be subject to the Joint Capabilities
Integration and Development System Manual and Department of
Defense Directive 5000.01, except to the extent specifically
provided in the guidance.
(2) RAPID PROTOTYPING.—With respect to the rapid prototyping
pathway, the guidance shall include—
(A) a merit-based process for the
consideration of innovative technologies and new
capabilities to meet needs communicated by the Joint Chiefs
of Staff and the combatant commanders;
(B) a process for developing and implementing acquisition
and funding strategies for the program;
(C) a process for cost-sharing with the military departments
on rapid prototype projects, to ensure an appropriate
commitment to the success of such projects;
(D) a process for demonstrating and evaluating the
performance of fieldable prototypes developed pursuant to
the program in an operational environment; and
(E) a process for transitioning successful prototypes to new
or existing acquisition programs for production and fielding
under the rapid fielding pathway or the traditional
acquisition system.
(3) RAPID FIELDING.—With respect to
the rapid fielding pathway, the guidance shall include—
(A) a merit-based process for the
consideration of existing products and proven technologies
to meet needs communicated by the Joint Chiefs of Staff and
the combatant commanders;
(B) a process for demonstrating performance and evaluating
for current operational purposes the proposed products and
technologies;
(C) a process for developing and implementing acquisition
and funding strategies for the program; and
(D) a process for considering lifecycle costs and addressing
issues of logistics support and system interoperability.
(4) STREAMLINED PROCEDURES.—The
guidance for the programs may provide for any of the following
streamlined procedures:
(A) The service acquisition
executive of the military department concerned shall appoint
a program manager for such program from among candidates
from among civilian employees or members of the Armed Forces
who have significant and relevant experience managing large
and complex programs.
(B) The program manager for each program shall report with
respect to such program directly, without intervening review
or approval, to the service acquisition executive of the
military department concerned.
(C) The service acquisition executive of the military
department concerned shall evaluate the job performance of
such manager on an annual basis. In conducting an evaluation
under this paragraph, a service acquisition executive shall
consider the extent to which the manager has achieved the
objectives of the program for which the manager is
responsible, including quality, timeliness, and cost
objectives.
(D) The program manager of a defense streamlined program
shall be authorized staff positions for a technical staff,
including experts in business management, contracting,
auditing, engineering, testing, and logistics, to enable the
manager to manage the program without the technical
assistance of another organizational unit of an agency to
the maximum extent practicable.
(E) The program manager of a defense streamlined program
shall be authorized, in coordination with the users of the
equipment and capability to be acquired and the test
community, to make trade-offs among life-cycle costs,
requirements, and schedules to meet the goals of the
program.
(F) The service acquisition executive, acting in
coordination with the defense acquisition executive, shall
serve as the milestone decision authority for the program.
(G) The program manager of a defense streamlined program
shall be provided a process to expeditiously seek a waiver
from Congress from any statutory or regulatory requirement
that the program manager determines adds little or no value
to the management of the program.
(d) Rapid prototyping fund.—
(1) IN GENERAL.—The Secretary of
Defense shall establish a fund to be known as the “Department
of Defense Rapid Prototyping Fund” to provide funds, in
addition to other funds that may be available for acquisition
programs under the rapid prototyping pathway established
pursuant to this section. The Fund shall be managed by a
senior official of the Department of Defense designated by the
Under Secretary of Defense for Acquisition, Technology, and
Logistics. The Fund shall consist of amounts appropriated to
the Fund and amounts credited to the Fund pursuant to section
828 of this Act.
(2) TRANSFER AUTHORITY.—Amounts available in the Fund may be
transferred to a military department for the purpose of
carrying out an acquisition program under the rapid
prototyping pathway established pursuant to this section. Any
amount so transferred shall be credited to the account to
which it is transferred. The transfer authority provided in
this subsection is in addition to any other transfer authority
available to the Department of Defense.
(3) CONGRESSIONAL NOTICE.—The senior official designated to
manage the Fund shall notify the congressional defense
committees of all transfers under paragraph (2). Each
notification shall specify the amount transferred, the purpose
of the transfer, and the total projected cost and estimated
cost to complete the acquisition program to which the funds
were transferred.
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Middle tier of acquisition for rapid
prototyping and rapid fielding (sec. 804)
The Senate amendment contained a provision (sec. 803) that would
require the Under Secretary of Defense for Acquisition,
Technology, and Logistics to issue guidance for an expedited and
streamlined ``middle tier'' of acquisition programs that are
intended to be completed within 5 years. These programs would be
distinctive from ``rapid acquisitions''
that are generally completed within 6 months to 2 years and
``traditional'' acquisitions that last much longer than 5 years.
The House bill contained no similar
provision.
The House recedes.
Senate Report 114-49 to accompany S.
1376 as it was reported out of the Senate Armed Services
Committee.
Middle tier of acquisition for rapid
prototyping and rapid fielding (sec. 803)
The committee recommends a provision
that would require the Undersecretary of Defense for
Acquisition, Technology and Logistics to issue guidance for an
expedited and streamlined ``middle tier'' of acquisition
programs that are intended to be completed within 5 years. These
programs would be distinctive from ``rapid acquisitions'' that
are generally completed within 6 months to 2 years and
``traditional'' acquisitions that last much longer than 5 years.
The provision would establish two acquisition pathways. The
first would be a rapid prototyping pathway that can demonstrate
new capabilities to meet emerging military needs which could
result in a residual operational capability. The second would be
a rapid fielding pathway for proven technologies to field
production quantities of new or upgraded systems with minimal
development required. The provision authorizes the use of
expedited and streamlined procedures for both of these pathways.
The provision would also authorize the establishment of a Rapid
Prototyping Fund to provide funds in addition to other funds
that may be available for each rapid prototyping pathway
program. This fund would consist of funds appropriated to the
account and amounts credited to the account from any penalties
levied under section 849 of this Act. |
