Bill 114-HR-4741 — Defense / Procurement
Subject: Armed forces and national security

Acquisition Agility Act

This bill requires all major defense acquisition programs (MDAPs) initiated after October 1, 2018, to be designed and developed with a modular open system architecture, which is an integrated business and technical strategy that:

 employs system interfaces between a major system platform (such as a ship, airplane, or ground vehicle) and its major system components; ensures that major system interfaces comply with widely supported and consensus-based standards; and allows components to be incrementally added, removed, or replaced throughout the platform's life cycle. Program capabilities development and acquisition weapon system design shall address modular open system architecture.

Each military department shall:

 coordinate with the other military departments, the defense agencies, defense and other private sector entities, and national standards-setting organizations with respect to the development of platform interfaces and standards; ensure that interfaces incorporate commercial standards; and ensure that sufficient systems engineering, development expertise, workforce training, and budgeting resources are made available. An MDAP initiated after October 1, 2018, shall include only technical development that the milestone decision authority (a designated individual with overall program responsibility) determines would not delay a program's fielding target.

Each military department shall establish or appoint an oversight board or group to manage prototype weapon system components and other technologies and subsystems.

A prototype project shall: (1) be completed within three years; (2) be selected in a merit-based process; (3) be funded through contracts, cooperative agreements, or other transactions; and (4) be funded initially for not more than $5 million.

Specified weapon system component or technology prototype projects (including projects that address a high war fighter priority) may be selected for a follow-on production contract or other transaction without competitive procedures. Special funding transfers are authorized.

The Department of Defense (DOD) shall assign program cost and fielding targets when MDAPs are initiated. The military department concerned shall ensure that supporting MDAP cost and fielding documents are realistic before being submitted for Joint Requirements Oversight Council approval.

The United States shall have unlimited rights to use technical data pertaining to an external interface, or to release such data to persons outside the government or permit its use by such persons, in the case of an interface that is developed: (1) with a mix of federal and private funds, or (2) exclusively with private funds.

The United States shall negotiate for data rights when items or processes are developed with a mix of federal and private funds, except if DOD determines that negotiations would not be practicable.

Deferred ordering by the United States of technical data from a private contact partner is limited to: (1) the later of five years after acceptance of the last contract item, or the date of contract termination; and (2) technical data generated in the performance of the contract.