How To Use the NDAA Pages

Back to William M. (Mac) Thornberry NDAA Contents

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

Subtitle A—Acquisition Policy and Management.

P. L. 116-

House Conference Report   116-617

(b) Milestone Decision Authority for United States Space Force.--

(1) Program executive officer.--The Service Acquisition Executive for Space Systems and Programs of the United States Space Force may further delegate authority to an appropriate program executive officer to serve as the milestone decision authority for major defense acquisition programs of the United States Space Force.

(2) Program manager.--The program executive officer assigned under paragraph (1) may further delegate authority over major systems to an appropriate program manager.

(c) Adaptive Acquisition Framework Application to Space Acquisition.--

(1) In general.--The Secretary of Defense shall take such actions necessary to ensure the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, ``Operation of the Adaptive Acquisition Framework'') includes one or more pathways specifically tailored for Space Systems Acquisition in order to achieve faster acquisition, improve synchronization and more rapid fielding of critical end-to-end capabilities (including by using new commercial capabilities and services), while maintaining accountability for effective programs that are delivered on time and on budget.

(2) Goal.--The goal of the application of the adaptive acquisition framework to a Space Systems Acquisition pathway shall be to quickly and effectively acquire end-to-end space warfighting capabilities needed to address the requirements of the national defense strategy (as defined under section 113(g) of title 10, United States Code).

(d) Report.--

(1) In general.--Not later than May 15, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the application of the adaptive acquisition framework to any Space Systems Acquisition pathway established under subsection (a) that includes the following:

(A) Proposed United States Space Force budget line items for fiscal year 2022, including--

(i) a comparison with budget line items for any major defense acquisition programs, middle tier acquisition programs, covered software programs, and major systems of the United States Space Force for three previous fiscal years;

(ii) existing and recommended measures to ensure sufficient transparency and accountability related to the performance of the Space Systems Acquisition pathway; and

(iii) proposed mechanisms to enable insight into the funding prioritization process and significant funding changes, including the independent cost estimate basis and full funding considerations for any major defense acquisition programs, middle tier acquisition programs, covered software programs, and major systems procured by the United States Space Force.

(B) Proposed revised, flexible, and streamlined options for joint requirements validation in order to be more responsive and
innovative, while ensuring the ability of the Joint Chiefs of Staff to ensure top-level system requirements are properly prioritized to address joint-warfighting needs.

(C) A list of acquisition programs of the United States Space Force for which multiyear contracting authority under sections 2306b or 2306c of title 10, United States Code, is recommended.

(D) A list of space systems acquisition programs for which alternative acquisition pathways may be used.

(E) Policies or procedures for potential new pathways in the application of the adaptive acquisition framework to a Space Systems Acquisition with specific acquisition key decision points and reporting requirements for development, fielding, and sustainment activities that meet the requirements of the adaptive acquisition framework.

(F) An analysis of the need for updated determination authority for procurement of useable end items that are not weapon systems.

(G) Policies and a governance structure, for both the Office of the Secretary of Defense and each military department, for a separate United States Space Force budget topline, corporate process, and portfolio management process.

(H) An analysis of the risks and benefits of the delegation of the authority of the head of contracting activity authority to the Chief of Space Operations in a manner that would not expand the operations of the United States Space Force.

(2) Comptroller general review.--Not later than 60 days after the submission of the report required under paragraph (1), the Comptroller General of the United States shall review such report and submit to the congressional defense committees an analysis and recommendations based on such report.

(e) Definitions.--In this section:

(1) Covered software program.--The term ``covered software program'' means an acquisition program or project that is carried out using the software acquisition pathway established under section 800 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1478; 10 U.S.C. 2223a note).

(2) Major defense acquisition program.--The term ``major defense acquisition program'' has the meaning given in section 2430 of title 10, United States Code.

(3) Major system.--The term ``major system'' has the meaning given in section 2302 of title 10, United States Code.

(4) Middle tier acquisition program.--The term ``middle tier acquisition program'' means an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note).

(5) Milestone decision authority.--The term ``milestone decision authority'' has the meaning given in section 2431a of title 10, United States Code.

(6) Program executive officer; program manager.--The terms ``program executive officer'' and ``program manager'' have the meanings given those terms, respectively, in section 1737 of title 10, United States Code.

The House bill contained a provision (sec. 807) that would allow the Secretary of the Air Force to assign an appropriate program executive officer as the milestone decision authority for major defense acquisition programs of the United States Space Force.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment regarding milestone decision authority delegation and requires the Secretary of Defense to submit to the congressional defense committees a report on the application of the Adaptive Acquisition Framework to space systems.

House Committee Report 116-442 Accompanying H. R. 6395

Section 807--Alternative Space Acquisition System for the United States Space Force

This section would authorize the Secretary of Defense to take actions to develop an acquisition pathway within the Department of Defense that is tailored for space systems and programs and would require a report on an ``Alternative Space Acquisition System.'' This section would also authorize the Secretary of the Air Force to assign an appropriate program executive as the milestone decision authority for major defense acquisition programs of the United States Space Force.