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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle D--Provisions Relating to the Acquisition System

P. L. 116-92

House Conference Report 116-333

 SEC. 835. EXTRAMURAL ACQUISITION INNOVATION AND RESEARCH ACTIVITIES.

(a) Extramural Acquisition Innovation and Research Activities.--

(1) In general.--Chapter 139 of title 10, United States Code, is amended by inserting after section 2361 the following new section:

``Sec. 2361a. Extramural acquisition innovation and research activities

``(a) Establishment.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in coordination with the Under Secretary of Defense for Research and Engineering, shall establish and maintain extramural acquisition innovation and research activities as described in subsection (d), which shall include an acquisition research organization within a civilian college or university that is not owned or operated by the Federal Government that is established to provide and maintain essential research and development capabilities through a long-term strategic relationship with the Department of Defense.

``(b) Goals.--The goal of any activity conducted pursuant to this section shall be to provide academic analyses and policy alternatives for innovation in defense acquisition policies and practices to policymakers in the Federal Government by using a variety of means intended to widely disseminate research findings from such an activity, in addition to executing demonstration and pilot programs of innovative acquisition policies and practices.

``(c) Director.--

``(1) Appointment.--Not later than June 1, 2020, the Secretary of Defense shall appoint an individual from civilian life to serve as the director for the extramural acquisition innovation and research activities required by this section (referred to in this section as the `Director').

``(2) Term.--The Director shall serve a term of five years.

``(d) Activities.--The activities described in this subsection are
as follows:

``(1) Research on past and current defense acquisition policies and practices, commercial and international best practices, and the application of new technologies and analytical capabilities to improve acquisition policies and practices.

``(2) Pilot programs to prototype and demonstrate new acquisition practices for potential transition to wider use in the Department of Defense.

``(3) Establishment of data repositories and development of analytical capabilities, in coordination with the Chief Data Officer of the Department of Defense, to enable researchers and acquisition professionals to access and analyze historical data sets to support research and new policy and practice development.

``(4) Executive education to--

``(A) support acquisition workforce development, including for early career, mid-career, and senior leaders; and

``(B) provide appropriate education on acquisition issues to non-acquisition professionals.

``(5) On an ongoing basis, a review of the implementation of recommendations contained in relevant Department of Defense and private sector studies on acquisition policies and practices,
including--

``(A) for recommendations for the enactment of legislation, identify the extent to which the recommendations have been enacted into law by Congress;

``(B) for recommendations for the issuance of regulations, identify the extent to which the recommendations have been adopted through the issuance or revision of regulations;

``(C) for recommendations for revisions to policies and procedures in the executive branch, identify the extent to which the recommendations have been adopted through issuance of an appropriate implementing directive or other form of guidance; and

``(D) for recommendations for the resources required to implement recommendations contained in relevant Department of Defense and private sector studies on acquisition policies and practices.

``(6) Engagement with researchers and acquisition professionals in the Department of Defense, as appropriate.

``(e) Funding.--Subject to the availability of appropriations, the Secretary may use amounts available in the Defense Acquisition Workforce and Development Account to carry out the requirements of this section.

``(f) Annual Report.--Not later than September 30, 2021, and annually thereafter, the Director shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the previous year.''.

(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2361 the following new item:

``2361a. Extramural acquisition innovation and research activities.''.

(3) Implementation.--

(A) Deadline.--Not later than March 1, 2020, the Secretary of Defense shall establish the extramural acquisition innovation and research activities required by section 2361a of title 10, United States Code (as added by this subsection).

(B) Report.--

(i) In general.--Not later than January 1, 2021, the Director of the extramural acquisition innovation and research activities appointed under such section shall submit to the Secretary of Defense a report setting forth a plan, proposed budget, and schedule for execution of such activities.

(ii) Transmittal.--Not later than February 1, 2021, the Secretary of Defense shall transmit the report required under clause (i), together with whatever comments the Secretary considers appropriate, to the Committees on Armed Services of the Senate and the House of Representatives.

(b) Records of the Section 809 Panel.--

(1) Transfer and maintenance of records.--Not later than March 1, 2020, the records of the Section 809 Panel shall be transferred to, and shall be maintained by, the Defense Technical Information Center.

(2) Status of records.--Working papers, records of interview, and any other draft work products generated for any purpose by the Section 809 Panel shall be covered by the deliberative process privilege exemption under paragraph (5) of section 552(b) of title
5, United States Code.

(3) Availability.--To the maximum extent practicable, the Secretary shall make the records available to support activities conducted by the research organization described under section 2361a of title 10, United States Code (as added by subsection (a)).

(4) Section 809 panel defined.--In this subsection, the term ``Section 809 Panel'' means the panel established by the Secretary of Defense pursuant to section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92).

Extramural acquisition innovation and research activities (sec. 835)

The House amendment contained a provision (sec. 861(l)) that would amend chapter 97 of title 10, United States Code, to establish an academic center for acquisition innovation at the Naval Postgraduate School to provide decision-makers with academic analyses and policy alternatives for innovating the defense acquisition system.

The Senate bill contained no similar provision.

The Senate recedes with an amendment that would direct the Secretary of Defense to establish extramural acquisition innovation and research activities to include an acquisition research organization within a non-Federal civilian university or college, to provide and maintain essential research and development capabilities through a long-term, strategic relationship with the Department of Defense.

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