Section 809 of the National Defense Authorization Act For

809 PANEL CHARTER AS AMENDED BY FY2018 NDAA

Section 809 of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114-92), As Amended

(Amended by sec. 863(d) of the NDAA for Fiscal Year 2017 (P. L. 114-328) and

secs. 803(c) 883 of the NDAA for Fiscal Year 2018 (P. L. 115-91))

SEC. 809. ADVISORY PANEL ON STREAMLINING AND CODIFYING ACQUISITION REGULATIONS.

(a) Establishment.—The Secretary of Defense shall establish an independent advisory panel on streamlining acquisition regulations. The panel shall be supported by the Defense Acquisition University and the National Defense University, including administrative support.

(b) Membership.—The panel shall be composed of at least nine individuals who are recognized experts in acquisition and procurement policy. In making appointments to the advisory panel, the Under Secretary shall ensure that the members of the panel reflect diverse experiences in the public and private sectors.

(1) review the acquisition regulations applicable to the Department of Defense with a view toward streamlining and improving the efficiency and effectiveness of the defense acquisition process and maintaining defense technology advantage; and

(2) make any recommendations for the amendment or repeal of such regulations that the panel considers necessary, as a result of such review, to—

(A) establish and administer appropriate buyer and seller relationships in the procurement system;

(B) improve the functioning of the acquisition system;

(D) protect the best interests of the Department of Defense; and

(E) improve the efficiency of the contract auditing process, including through the development of risk-based materiality standards; and

(F) eliminate any regulations that are unnecessary for the purposes described in subparagraphs (A) through (E).

(d) Administrative Matters.—

(1) In general.—The Secretary of Defense shall provide the advisory panel established pursuant to subsection (a) with timely access to appropriate information, data, resources, analysis, and logistics support so that the advisory panel may conduct a thorough and independent assessment as required under such subsection.

(2) Inapplicability of faca.—The requirements of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory panel established pursuant to subsection (a).

(3) Authorities.—The panel shall have the authorities provided in section 3161 of title 5, United States Code.

(e) Report.—

(1) Panel report.—Not later than January 15, 2019, the panel shall transmit a final report to the Secretary of Defense and the congressional defense committees.

(2) Elements.—The final report shall contain a detailed statement of the findings and conclusions of the panel, including—

(A) a history of each current acquisition regulation and a recommendation as to whether the regulation and related law (if applicable) should be retained, modified, or repealed; and

(B) such additional recommendations for legislation as the panel considers appropriate.

(3) Interim reports.—(A) Not later than 6 months and 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit a report to or brief the congressional defense committees on the interim findings of the panel with respect to the elements set forth in paragraph (2).

(B) The panel shall provide regular updates to the Secretary of Defense for purposes of providing the interim reports required under this paragraph.

(4) Final report.—Not later than 60 days after receiving the final report of the advisory panel, the Secretary of Defense shall transmit such comments as the Secretary determines appropriate, to the congressional defense committees.

(f) Defense Acquisition Workforce Development Fund Support.—The

Secretary of Defense may use amounts available in the Department of Defense Acquisition Workforce Development Fund established under section 1705 of title 10, United States Code, to support activities of the advisory panel under this section.

(g) Termination of Panel.—The advisory panel shall terminate 180 days after the date on which the final report of the panel is transmitted pursuant to subsection (e)(1).

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The joint statement of managers on the conference report on the FY 2018 NDAA (at page 888 of House Report 115-404) provides the following:

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The conferees recognize the importance of the work of the Advisory Panel, established by the Congress, which is aimed at streamlining and improving the Department of Defense’s

acquisition processes to ensure the Department’s continued technological advantages. Therefore, the conferees agree that the Advisory Panel’s work should be extended. The Advisory Panel

shall provide its recommendations to the Committees on Armed Services of the Senate and the House of Representatives using a phased approached. The recommendations shall be delivered in

January 2018, June 2018, and January 2019. Each report shall contain a roughly equal number of recommendations to avoid an oversized final deliverable.

The conferees also note that the panel’s projected total cost will be nearly $15.0 million for expenses, salaries, and other items given the extension authorized in this provision. Given this expenditure and the importance of acquisition reform, the conferees expect the Panel will make significant efforts to deliver actionable recommendations to both the Congress and Executive Branch, and provide supporting analyses and consultation to inform review and potential implementation of such recommendations.

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Dec. 13, 2017