10 U.S.C. § 191: Secretary of Defense: authority to provide for common performance of supply or service activities

Whenever the Secretary of Defense determines such action would be more effective, economical, or efficient, the Secretary may provide for the performance of a supply or service activity that is common to more than one military department by a single agency of the Department of Defense. Any agency of the Department of Defense established under subsection (a) (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986 )) for the performance of a supply or service activity referred to in such subsection shall be designated as a Defense Agency or a Department of Defense Field Activity. Subject to the availability of appropriations, the Secretary of Defense shall establish a pilot program to identify lessons learned and improved mission outcomes achieved by quickly delivering solutions that fulfill critical operational needs arising from cross-service missions undertaken by combatant commands through the use of a coordinated and iterative approach to develop, evaluate, and transition such solutions. Except as provided in paragraph (3), the Deputy Secretary of Defense shall select missions with respect to which to carry out the pilot program. The Deputy Secretary of Defense may delegate to one or more mission managers the responsibility to oversee the selected missions and provide mission management. select missions with critical cross-service operational needs; and the strategic importance of the critical cross-service operational needs to the operational plans of the relevant combatant commands; and the advice of key stakeholders, including the Joint Staff, regarding mission selection. Not later than four months after the date of the enactment of this section [ Dec. 27, 2021 ], the Director of the Strategic Capabilities Office shall select the initial mission under the pilot program that has critical cross-service operational needs and which is of strategic importance to the operational plans of the United States Indo-Pacific Command. The mission selected under subparagraph (A) shall be established within the Strategic Capabilities Office of the Department of Defense, in coordination with the Office of the Under Secretary of Defense for Research and Engineering. The mission selected by the Director of the Strategic Capabilities Office under subparagraph (A) shall be subject to the approval of the Technology Cross-Functional Team of the Strategic Capabilities Office that is chaired by the Under Secretary of Defense for Research and Engineering. For each mission selected under paragraph (1), the Deputy Secretary of Defense shall identify funding sources in detail in defense budget materials submitted to Congress pursuant to section 1105 of title 31 , United States Code, for the first year for which the selected mission is intended to be carried out. Such materials shall also include a description of each such selected mission and the proposed solution to achieve the goals of such mission. A mission manager shall carry out the pilot program with respect to each mission. identify critical cross-service, cross-program, and cross-domain operational needs by enumerating the options available to the combatant command responsible for carrying out such mission and determining the resiliency of such options to threats from adversaries; fulfill critical cross-service, cross-program, and cross-domain operational needs; and address future changes to existing critical cross-service, cross-program, and cross-domain operational needs by providing additional capabilities; work with the combatant command responsible for such mission and the related planning organizers, program managers of a covered Armed Force, and defense research and development activities to carry out iterative testing and support to initial operational fielding of the solutions described in subparagraph (B); conduct research, development, test, evaluation, and transition support activities with respect to the delivery of the solutions described in subparagraph (B); seek to integrate existing, emerging, and new capabilities available to the Department of Defense in the development of the solutions described in subparagraph (B), including by incenting and working with program managers of a covered Armed Force; assist the Deputy Secretary of Defense in the identification of funding that could contribute to the mission through existing authorized methods to realign, reprogram, or transfer funds; and provide to the Deputy Secretary of Defense mission management activity updates and reporting on the use of funds under the pilot program with respect to such mission. appointed at the time of mission approval; and who may be from any suitable organization, except that the mission manager with respect the initial mission under (b)(3) shall be the Director of the Strategic Capabilities Office. The mission manager shall, to the extent practicable, carry out the pilot program with respect to each mission selected under subsection (b) by integrating existing, emerging, and new military capabilities, and managing a portfolio of small, iterative development and support to initial operational fielding efforts. The activities undertaken by the mission manager with respect to a mission, including mission management, do not supersede or replace the program management responsibilities of any other individual that are related to such missions. developing and sharing best practices for applying emerging technology and supporting new operational concepts to improve outcomes on key military missions and operational challenges; and providing information to the leadership of the Department on the implementation of the pilot program and related policy issues. the authorities required by the mission managers to effectively and efficiently carry out the pilot program with respect to the missions selected under subsection (b); and whether the mission managers have access to sufficient funding to carry out the research, development, test, evaluation, and support to initial operational fielding activities required to deliver solutions fulfilling the critical cross-service, cross-program, and cross-domain operational needs of the missions. Not later than July 1, 2022 , and annually thereafter until September 30, 2028 , the mission manager shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the progress of the pilot program with respect to each mission selected under subsection (b), the anticipated mission outcomes, and the funds used to carry out the pilot program with respect to such mission. the actions taken to implement the pilot program; an assessment of the pilot program; requests for Congress to provide authorities required to successfully carry out the pilot program; and a description of the data plan required under subsection (d). the data collected and analysis performed under subsection (d); lessons learned; the priorities for future activities of the pilot program; and such other information as the Deputy Secretary determines appropriate. a written assessment of the pilot program; a written recommendation on continuing or expanding the mission integration pilot program; requests for Congress to provide authorities required to successfully carry out the pilot program; and the data collected and analysis performed under subsection (d). Beginning in fiscal year 2025, the Deputy Secretary of Defense may transition responsibilities for research, development, test, evaluation, and support to initial operational fielding activities started under the pilot program to other elements of the Department for purposes of delivering solutions fulfilling critical cross-service, cross-program, and cross-domain operational needs. The pilot program shall terminate on September 30, 2028 . Nothing in this section shall be construed as providing any authority not otherwise provided by law to procure, or enter agreements to procure, any goods, materials, or services. the Army; the Navy; the Air Force; the Marine Corps; or the Space Force. The term ‘Cross-Functional Teams of the Strategic Capabilities Office’ means the teams established in the Strategic Capabilities Office of the Department of Defense pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1277 ; 10 U.S.C. 132 note). The term ‘cross-service’ means pertaining to multiple covered Armed Forces. The term ‘cross-domain’ means pertaining to multiple operational domains of land, maritime, air, space, and cyberspace. The term ‘cross-service operational need’ means an operational need arising from a mission undertaken by a combatant command which involves multiple covered Armed Forces. The terms ‘Defense Agency’ and ‘military department’ have the meanings given such terms in section 101(a) of title 10 , United States Code. The term ‘Field Activity’ has the meaning given the term ‘Department of Defense Field Activity’ in section 101(a) of title 10 , United States Code. The term ‘mission management’ means the integration of materiel, digital, and operational elements to improve defensive and offensive options and outcomes for a specific mission or operational challenge. The term ‘pilot program’ means the pilot program established under subsection (a).” The Secretary of Defense shall establish, within the Strategic Capabilities Office of the Office of the Secretary of Defense, not fewer than two mission-oriented integration pilot programs with the objective of closing significant capabilities gaps by developing and implementing capabilities and by synchronizing and integrating missions across covered Armed Forces and Defense Agencies. seek to address specific outstanding operational challenges of high importance to the operational plans of the United States Indo-Pacific Command and the United States European Command; be designed to leverage industry cost sharing by using sources such as private equity and venture capital funding to develop technologies and overall capabilities that resolve significant capability gaps for delivery to the Department of Defense, as a product or as a service; not later than three years after the date on which the pilot program commences, demonstrate the efficacy of the solutions being developed under the pilot program; deliver an operational capability not later than five years after the pilot program commences; maintaining resilient aircraft operations in and around Guam in the face of evolving regional threats, including large salvo supersonic and hypersonic missile threats; or an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command or the United States European Command; and providing a resilient logistic and resupply capability in the face of evolving regional threats, including operations within an anti-access-area denial environment; or an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command; and existing and planned Department of Defense systems and capabilities to achieve mission objectives; and to the extent practicable, technologies that have military applications and the potential for nonmilitary applications. to coordinate and collaborate with entities awarded contracts or agreements under the pilot program, parties to cost sharing agreements for such awarded contracts or agreements, combatant commands, and military departments to define mission requirements and solutions; and to coordinate and monitor pilot program implementation; to assess each operational challenge such pilot programs are addressing; and to characterize the resilience of solutions being developed under the pilot programs to known threats and single points of failure; provide operational use case expertise to the entities awarded contracts or agreements under the pilot program and parties to cost sharing agreements for such awarded contracts or agreements; serve as the liaison between the Armed Forces, the combatant commanders, and the participants in the pilot programs; and the authorities under section[s] 2371 and 2371b of title 10, United States Code [now 10 U.S.C. 4021 , 4022]; payments for demonstrated progress; authorities under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.); and other acquisition practices that support efficient and effective access to emerging technologies and capabilities, including technologies and capabilities from companies funded with private investment. Not later than 180 days after the date of the enactment of this Act [ Dec. 27, 2021 ], and every 180 days thereafter, the Director of the Strategic Capabilities Office shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the pilot programs. The Secretary of Defense shall assess authorities required for such mission managers and program managers to effectively and efficiently fulfill their responsibilities under the pilot programs, including the delegation of personnel hiring and contracting authorities. developing and sharing best practices for achieving goals established for the pilot programs; and the implementation of the pilot programs; and related policy issues. Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a recommendation with respect to continuing or expanding the pilot program. Beginning in fiscal year 2025, the Secretary may transition the responsibility for the pilot programs to another organization. the Army; the Navy; the Air Force; the Marine Corps; or the Space Force. The term ‘Defense Agency’ has the meaning given such term in section 101(a) of title 10 , United States Code. The term ‘mission manager’ means an individual that, with respect to a mission under a pilot program established under subsection (a), shall have the responsibilities described in subparagraphs (B) through (F) of section 871(c)(2) of this Act [set out in a note above].” the inventory of items and materials available to customers from the Agency; and the delivery status of items and materials that are in transit to customers; and a predictive analytics capability designed to increase the efficiency of the system described in paragraph (1) by identifying emerging customer needs with respect to items and materials supplied by the Agency, including any emerging needs arising from the use of new weapon systems by customers. by not less than 10 percent; or if the Chief Management Officer determines that a reduction of rates in aggregate of 10 percent or more will create overall inefficiencies for the Department, by such percentage less than 10 percent as the Chief Management Officer considers appropriate to avoid such inefficiencies, but only after notifying the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of such lesser percentage in reduction of rates pursuant to this subparagraph; eliminate the duplication of services within the Agency; and establish specific goals and metrics to ensure that the Agency is fulfilling its mission of providing items and materials to customers with sufficient speed and in sufficient quantities to ensure the lethality and readiness of warfighters. Not later than February 1, 2019 , the Director and the Chief Management Officer shall jointly submit to the congressional defense committees a plan that describes how the Director and the Chief Management Officer will achieve compliance with the requirements of subsections (a) and (b).”