JOHN S. McCAIN(emphasis added)
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2019
CONFERENCE REPORT TO ACCOMPANY H.R. 5515
SEC. 1681. IMPROVEMENTS TO ACQUISITION PROCESSES OF MISSILE DEFENSE AGENCY.
(a) NOTIFICATION ON CHANGES TO NON-STANDARD ACQUISITION PROCESSES AND RESPONSIBILITIES.—
(1) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Secretary of Defense may be obligated or expended to change the non-standard acquisition processes and responsibilities described in paragraph (2) until—(b) INTEGRATED MASTER TEST PLAN INFORMATION.—Together with the release of each integrated master test plan of the Missile Defense Agency, and at the same time as each budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, the Director of the Missile Defense Agency shall make publicly available a version of each such plan that identifies the fiscal year and the fiscal quarter in which events under the plan will occur.
(A) the Secretary notifies the congressional defense committees of such proposed change; and(2) NON-STANDARD ACQUISITION PROCESSES AND RESPONSIBILITIES DESCRIBED.—The non standard acquisition processes and responsibilities described in this paragraph are such processes and responsibilities described in—
(B) a period of 90 days has elapsed following the date of such notification.
(A) the memorandum of the Secretary of Defense titled "Missile Defense Program Direction" signed on January 2, 2002;
(B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this Act; and
(C) United States Strategic Command Instruction 583–3.
(c) MISSILE DEFENSE EXECUTIVE BOARD.—In addition to the Under Secretary of Defense for Research and Engineering serving as chairman of the Missile Defense Executive Board pursuant to section 1676(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1773), the Under Secretary of Defense for Acquisition and Sustainment shall serve—
(1) as a member of the Board; and[...]
(2) as co-chairman with respect to decisions regarding acquisition and the approval of acquisition and production milestones, including with respect to the use of other transaction authority contracts and transactions in excess of $500,000,000 (including all options).
Improvements to acquisition processes of Missile Defense Agency (sec. 1681)
The House bill contained a provision (sec. 1663) that would require the Under Secretary of Defense for Research and Engineering (USD (R&E)) to transfer all research and development efforts and programs that have not yet reached milestone B to the Missile Defense Agency (MDA) if they are planned to be incorporated into the ballistic missile defense system or have explicit application for ballistic missile or hypersonic defense. Further, the provision would require the Secretary of Defense to notify the congressional defense committees before any changes were implemented to MDA's unique acquisition authorities and/or missile defense requirements generation processes managed by U.S. Strategic Command. This provision would also require that MDA make the quarter and fiscal year for execution of planned flight tests unclassified, and would clarify roles of the Under Secretary of Defense for Acquisition and Sustainment with regards to missile defense decisions on acquisition and production milestone approvals.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove the requirement to transfer authority and total obligation authority for research and development programs that have not yet received milestone B approval. The amendment would also change the notification period on changes to non-standard acquisition processes and responsibilities from 180 days to 90 days.
The conferees note multiple efforts across the USD (R&E) portfolio that would likely result in Missile Defense Agency (MDA) programs of record to be integrated within the ballistic missile defense system, including directed energy and hypersonic defense. The conferees direct the Under Secretary to provide a report to the Committees on Armed Services of the House of Representatives and Senate not later than six months after enactment of this act detailing current efforts that will be transitioned from other USD(R&E) organizations to MDA for development through 2023. The report shall include a summary of the efforts and funding required for such programs during the period covered by the future-years defense program as of the date of the plan, and how the transition will be accomplished and milestones that must be met prior to transfer. Layered defense of the United States homeland (sec.