[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 3838 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 3838 To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 9, 2025 Mr. Rogers of Alabama (for himself and Mr. Smith of Washington) introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Streamlining Procurement for Effective Execution and Delivery Act of 2025'' or the ``SPEED Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ALIGNING ACQUISITION TO WARFIGHTER PRIORITIES AND OPERATIONAL OUTCOMES Sec. 101. Alignment of the defense acquisition system with the needs of members of the Armed Forces. Sec. 102. Program executive officer responsibilities. Sec. 103. Major capability activity areas and pathfinder programs. Sec. 104. Product support manager responsibilities and requirements. Sec. 105. Amendments to life-cycle management and product support. Sec. 106. Navy Senior Technical Authority. TITLE II--ACCELERATING THE REQUIREMENTS PROCESS Sec. 201. Joint Requirements Council. Sec. 202. Establishment of the Requirements, Acquisition, and Programming Integration Directorate. Sec. 203. Establishment of the Mission Engineering and Integration Activity. TITLE III--STRIKING THE BALANCE BETWEEN REGULATION AND EFFICIENCY Sec. 301. Matters related to Department of Defense use of cost accounting standards. Sec. 302. Review of commercial buying practices. Sec. 303. Adjustments to certain acquisition thresholds. Sec. 304. Alternative capability-based pricing. Sec. 305. Clarification of conditions for payments for commercial products and commercial services. TITLE IV--STRENGTHENING THE DEFENSE INDUSTRIAL BASE AND LEVERAGING COMMERCIAL INNOVATION Sec. 401. Defense Industrial Resilience Consortium. Sec. 402. Amendment to other transaction authority. Sec. 403. Data-as-a-service solutions for weapon system contracts. Sec. 404. Requirements for modular open system approach and modifications to rights in technical data. Sec. 405. Qualification, acceptance, and supply chain management of products manufactured using advanced manufacturing. Sec. 406. Amendments to the procurement technical assistance program. Sec. 407. Report on surge capacity in the defense industrial base. Sec. 408. Bridging Operational Objectives and Support for Transition program. TITLE V--DEVELOPING A MISSION-ORIENTED DEFENSE ACQUISITION WORKFORCE Sec. 501. Report on strengthening the Defense Acquisition University. Sec. 502. Comptroller General review of the management, training, and development of the acquisition workforce. Sec. 503. Comptroller General review of matters relating to individuals assigned to a critical acquisition position. TITLE I--ALIGNING ACQUISITION TO WARFIGHTER PRIORITIES AND OPERATIONAL OUTCOMES SEC. 101. ALIGNMENT OF THE DEFENSE ACQUISITION SYSTEM WITH THE NEEDS OF MEMBERS OF THE ARMED FORCES. (a) Implementation.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Directive 5000.01 and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section. (b) Objectives of Defense Acquisition System.-- (1) In general.--Section 3102 of title 10, United States Code, is amended to read as follows: ``Sec. 3102. Objectives of the defense acquisition system ``(a) In General.--The Secretary of Defense shall ensure that the defense acquisition system exists to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable. ``(b) Guidance.--The Secretary of Defense shall issue guidance to carry out subsection (a) that requires the following: ``(1) All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the Armed Forces and enable the missions of the Department of Defense. ``(2) The defense acquisition system maximizes the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability. ``(3) The defense acquisition system encourages and supports the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threats. ``(4) The defense acquisition system encourages an iterative approach to designing and testing technical solutions to enable early identification of solutions that do not deliver desired results. ``(5) The defense acquisition system supports a leadership and organizational structure that encourages risk-taking, collaboration, and learning through failure. ``(6) The training and development of members of the acquisition workforce ensures that such members have the skills to effectively manage acquisition activities in accordance with this section.''. (2) Conforming amendments.-- (A) Under secretary of defense for acquisition and sustainment.--Section 133b(b) of title 10, United States Code, is amended-- (i) in paragraph (1), by striking ``delivering and sustaining timely, cost- effective capabilities for the Armed Forces (and the Department)'' and inserting ``expeditiously providing the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable''; and (ii) in paragraph (9)(A), by striking ``defense acquisition programs'' and inserting ``the defense acquisition system, in accordance with the objectives established pursuant to section 3102''. (B) Director of operational test and evaluation.-- Section 139(b) of title 10, United States Code, is amended-- (i) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (ii) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) ensure that all operational test and evaluation activities are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established pursuant to section 3102 of this title;''. (C) Director of cost assessment and program evaluation.--Section 139a(d) of title 10, United States Code, is amended by inserting ``shall carry out the requirements of this section in accordance with the objectives established pursuant to section 3102 of this title and'' before ``shall serve''. (c) Civilian Management of the Defense Acquisition System.--Section 3103 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``to ensure the successful and efficient operation of the defense acquisition system'' and inserting ``in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title''; and (2) in subsection (b), by striking ``to ensure the successful and efficient operation of such elements of the defense acquisition system.'' and inserting the following: ``in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall perform the following: ``(1) Implement strategies to effectively and efficiently respond to changes in capability requirements. ``(2) Use data-driven decisionmaking to manage trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver the best value for the investment made in the program. ``(3) Use iterative development cycles and discontinue or terminate the development of capabilities-- ``(A) that no longer align with approved capability requirements or priorities; or ``(B) are experiencing significant cost growth, performance deficiencies, or delays in schedule. ``(4) Ensure the period of assignment of an individual serving in a critical acquisition position (as defined in section 1731 of this title) is of sufficient duration to ensure the development and use of acquired expertise, institutional capacity, accountability in decisionmaking, and stability in the oversight and management of acquisition activities. ``(5) Ensure that contracting officers are appropriately trained and assigned to support effective contract management.''. (d) Acquisition-Related Functions of Chiefs of the Armed Forces.-- (1) Performance of certain acquisition-related functions.-- Section 3104(a) of title 10, United States Code, is amended-- (A) by inserting ``, in accordance with the objectives established pursuant to section 3102 of this title,'' after ``Secretary of the military department concerned''; and (B) by amending paragraphs (1) through (7) to read as follows: ``(1) The development of capability requirement statements for equipping the armed force concerned that-- ``(A) describe the operational problem to provide necessary context for the capability requirement; and ``(B) describe the solution sought in a non- prescriptive manner to allow agile and innovative capability development to address the operational problem; ``(2) The implementation of strategies to effectively and efficiently inform recommendations regarding changes in capability requirements described in paragraph (1). ``(3) The recommendation of trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition programs deliver the best value for the investment made. ``(4) In consultation with the Joint Requirements Council, the establishment and prioritization of requirements to expeditiously provide the Armed Forces with the capabilities needed to operate effectively, to address evolving threats, and to maintain the military advantage of the United States. ``(5) The use of data-driven decision making to prioritize resource allocation to meet operational readiness requirements (as defined in section 4322 of this title) and the materiel readiness objectives established by the Secretary of the military department concerned under section 118(c) of this title. ``(6) Support for an environment that enables the adoption and integration of innovative solutions and technologies to enhance military effectiveness and responsiveness. ``(7) Any recommendation for the termination of the development of capabilities-- ``(A) that no longer align with approved capability requirements or priorities; ``(B) for which costs have significantly increased; or ``(C) for which schedule delays have been significant. ``(8) Support for the development of career paths in acquisition for military personnel (as required by section 1722a of this title) to ensure such personnel have the necessary skills, knowledge, and experience to fulfill the objectives established pursuant to section 3102 of this title.''. (2) Adherence to requirements in major defense acquisition programs.--Section 3104(b) of title 10, United States Code, is amended-- (A) in paragraph (1), by striking ``program capability document supporting a Milestone B or subsequent decision'' and inserting ``requirements documents''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``prior to entry into the Materiel Solution Analysis Phase under Department of Defense Instruction 5000.02''; and (ii) in subparagraph (B), by striking ``cost, schedule, technical feasibility, and performance trade-offs'' and inserting ``life- cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs''. (3) Definitions.--Section 3104(d) of title 10, United States Code, is amended to read as follows: ``(d) Requirements Document Defined.--In this section, the term `requirements document' means a document that establishes the need for a materiel approach to resolve a capability requirement or a joint capability requirement (as such terms are defined in section 181 of this title).''. (e) Technical Amendments.-- (1) Section 3101 of title 10, United States Code, is amended to read as follows: ``Sec. 3101. Definitions ``In this chapter: ``(1) The term `best value' means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule. ``(2) The term `capability requirement' has the meaning provided in section 181 of this title. ``(3) The term `cost-effective' means, with respect to an acquisition, the capacity to deliver better results for the same or lower cost compared to alternatives.''. (2) Section 3001(c) of title 10, United States Code, is amended by striking ``this section'' and inserting ``this part''. SEC. 102. PROGRAM EXECUTIVE OFFICER RESPONSIBILITIES. (a) In General.--Subchapter III of chapter 87 of title 10, United States Code, is amended by inserting after section 1731 the following new section: ``Sec. 1732. Program executive officer ``(a) In General.--A program executive officer is the senior official responsible for the oversight of the plans, budgets, and execution of the programs assigned to the portfolio of such senior official, including life-cycle management. ``(b) Objectives.--In carrying out the activities described in subsection (a), the program executive officer shall seek to achieve the following objectives: ``(1) Expeditiously provide the Armed Forces with the capabilities needed to operate effectively, address evolving threats, and maintain the military advantage of the United States in the most cost-effective manner practicable. ``(2) Maximize the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability. ``(3) Enable the integration of innovative solutions and technologies to enhance military effectiveness and responsiveness to emerging threats. ``(c) Specific Responsibilities.-- ``(1) In general.--For the programs assigned to the portfolio of a program executive officer, such program executive officer shall be responsible for the following: ``(A) Provide expeditious delivery of the capabilities necessary to effectively respond to national security challenges by overseeing the procurement, development, and sustainment of defense acquisition programs assigned to the program executive officer. ``(B) Ensure the cost-effective allocation of resources by delivering operational capabilities. ``(C) Adjust requirements, other than requirements that are established as key performance parameters, to maximize the agility and speed in program execution in accordance with the objectives described in subsection (b). ``(D) Use iterative development cycles and discontinue or terminate the development of capabilities-- ``(i) that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or ``(ii) that are experiencing significant cost growth, performance def