NOTIFICATION OF CHANGES TO NON-STANDARD ACQUISITION AND REQUIREMENTS PROCESSES AND RESPONSIBILITIES OF MISSILE DEFENSE AGENCY.

SEC. 1661. NOTIFICATION OF CHANGES TO NON-STANDARD ACQUISITION AND REQUIREMENTS PROCESSES AND RESPONSIBILITIES OF MISSILE DEFENSE AGENCY. (a) Notice and Wait Requirement.—Section 205 of title 10, United States Code, is amended— (1) by striking “The Director” and inserting “(a) Appointment of Director.—The Director”; and (2) by adding at the end the following new subsection: “(b) Notification of Changes to Non-standard Acquisition and Requirements Processes and Responsibilities.—(1) The Secretary of Defense may not make any changes to the missile defense non-standard acquisition and requirements processes and responsibilities unless, with respect to those proposed changes— “(A) the Secretary, without delegation, has taken each of the actions specified in paragraph (2); and “(B) a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph (C) of such paragraph. “(2) If the Secretary proposes to make changes to the missile defense non-standard acquisition and requirements processes and responsibilities, the Secretary shall— “(A) consult with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency, regarding the changes; “(B) certify to the congressional defense committees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A); “(C) submit to the congressional defense committees a report that contains— “(i) a description of the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph (A) with respect to the changes; “(ii) a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and “(iii) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, a final draft of the proposed modified directive, both in an electronic format and in a hard copy format; and “(D) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, provide to such committees a briefing on the proposed modified directive described in subparagraph (C)(iii). “(3) In this subsection, the term ‘non-standard acquisition and requirements processes and responsibilities’ means the processes and responsibilities described in— “(A) the memorandum of the Secretary of Defense titled ‘Missile Defense Program Direction’ signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection; “(B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modifications described in Directive-type Memorandum 20-002 of the Deputy Secretary of Defense, or any amendments or extensions thereto made before the date of such enactment), or as modified in accordance with this subsection, or any successor directive issued in accordance with this subsection; and “(C) United States Strategic Command Instruction 538-3 titled ‘MD Warfighter Involvement Process’, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor instruction issued in accordance with this subsection.” . (b) Conforming Amendments.— (1) FY20 ndaa.—Section 1688 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1787) is amended— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (2) FY21 ndaa.—Section 1641 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4061) is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c).