[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