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116TH CONGRESS
1ST SESSION H. R. 3132
To require the Secretary of Defense to provide a briefing to the congressional
defense committees relating to the ‘‘middle tier’’ of acquisition programs,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 5, 2019
Mr. JOHNSON of South Dakota (for himself, Mrs. DAVIS of California, and
Mr. WILSON of South Carolina) introduced the following bill; which was
referred to the Committee on Armed Services
A BILL
To require the Secretary of Defense to provide a briefing
to the congressional defense committees relating to the
‘‘middle tier’’ of acquisition programs, and for other
purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Rapid Fielding De-
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fense Capabilities and Risk Assessment Act’’.
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•HR 3132 IH
SEC. 2. BRIEFING RELATING TO THE ‘‘MIDDLE TIER’’ OF AC-
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QUISITION PROGRAMS.
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(a) IN GENERAL.—Not later than December 1, 2019,
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the Secretary of Defense shall provide a briefing to the
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congressional defense committees (as defined in section
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101(a)(16) of title 10, United States Code) on lessons
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learned and best practices identified through the use of
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the ‘‘middle tier’’ of acquisition programs described under
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section 804 of the National Defense Authorization Act for
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Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302
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note). The briefing shall be accompanied by a written
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analysis—
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(1) identifying which lessons learned can be ap-
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plied to—
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(A) ‘‘middle tier’’ acquisition programs;
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and
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(B) any major defense acquisition program
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(as defined under section 2430 of title 10,
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United States Code);
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(2) describing the extent to which covered risk
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should be a factor in determining which acquisition
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authority to use, including—
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(A) an acquisition pathway as described
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under subsection (b) of section 804 of the Na-
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tional Defense Authorization Act for Fiscal
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•HR 3132 IH
Year 2016 (Public Law 114–92; 10 U.S.C.
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2302 note);
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(B) the authority described under section
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2371b of title 10, United States Code;
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(C) acquisition authority relating to urgent
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operational needs;
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(D) a traditional acquisition process; or
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(E) any other acquisition authority, as de-
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termined by the Secretary;
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(3) describing whether any requirements appli-
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cable to major defense acquisition programs should
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be applicable to ‘‘middle tier’’ acquisition programs
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under such section; and
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(4) recommending amendments or revisions (as
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applicable) to law or regulation, and including avail-
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able data to support such recommendations.
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(b) COVERED RISK DEFINED.—In this section, the
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term ‘‘covered risk’’ shall have the meaning given by the
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Secretary of Defense, and shall include a consideration of
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cost, schedule, performance, risk to operational success.
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