H.R.3838 - Streamlining Procurement for Effective Execution and Delivery Act of 2025; SPEED Act (119th Congress)
Summary
H.R.3838, the SPEED Act, aims to streamline defense procurement processes, accelerate requirements processes, balance regulation with efficiency, strengthen the defense industrial base, and develop a mission-oriented defense acquisition workforce. The bill authorizes appropriations for fiscal year 2026 for military activities, military construction, and defense activities of the Department of Energy. It also prescribes military personnel strengths for that fiscal year.
The Act seeks to align acquisition with warfighter priorities and operational outcomes by revising objectives and responsibilities within the defense acquisition system. It establishes new entities such as the Joint Requirements Council and the Mission Engineering and Integration Activity to accelerate the requirements process. The bill also includes provisions to adjust acquisition thresholds and promote commercial innovation.
Furthermore, H.R.3838 addresses workforce development through reports and reviews of the Defense Acquisition University and critical acquisition positions. Finally, it focuses on improving the resilience of the defense industrial base and leveraging commercial innovation through initiatives like the Defense Industrial Resilience Consortium.
Expected Effects
The SPEED Act is likely to result in significant changes to the Department of Defense's acquisition processes, potentially leading to faster development and deployment of military capabilities. The establishment of new organizations and revised responsibilities could streamline decision-making and improve coordination between different parts of the defense apparatus.
Increased emphasis on commercial innovation and adjustments to acquisition thresholds may lead to greater participation from commercial companies in defense contracts. The focus on workforce development could enhance the skills and expertise of the acquisition workforce, leading to more efficient and effective procurement practices.
However, the effectiveness of the Act will depend on successful implementation of the new structures and processes, as well as the ability to balance regulatory requirements with the need for speed and innovation.
Potential Benefits
- Faster deployment of military capabilities: Streamlined processes and accelerated requirements could lead to quicker development and fielding of new technologies.
- Increased innovation: Emphasis on commercial innovation and adjustments to acquisition thresholds may encourage participation from a wider range of companies.
- Improved efficiency: Revised responsibilities and new organizations could lead to more efficient decision-making and coordination.
- Enhanced workforce skills: Focus on workforce development could improve the expertise of the acquisition workforce.
- Strengthened industrial base: Initiatives like the Defense Industrial Resilience Consortium may bolster the defense industrial base and reduce supply chain vulnerabilities.
Potential Disadvantages
- Potential for increased costs: New organizations and processes could add to administrative overhead.
- Risk of reduced oversight: Streamlined processes and adjusted thresholds could lead to less scrutiny of contracts.
- Implementation challenges: Successful implementation of the Act will depend on effective coordination and cooperation between different parts of the defense apparatus.
- Uncertainty about long-term effects: The long-term impact of the Act on defense capabilities and costs is uncertain.
- Potential for unintended consequences: Changes to acquisition processes and thresholds could have unintended consequences for small businesses and other stakeholders.
Constitutional Alignment
The SPEED Act primarily concerns the organization and operation of the Department of Defense, which falls under the powers granted to Congress in Article I, Section 8 of the Constitution. This section grants Congress the power to provide for the common defense, raise and support armies, and make rules for the government and regulation of the land and naval forces.
The Act's provisions related to procurement and acquisition are consistent with Congress's authority to manage the military and ensure its readiness. The Act does not appear to infringe upon any individual liberties or rights protected by the Bill of Rights.
However, the Act's emphasis on national security and defense could potentially raise concerns about the balance between security and individual liberties, particularly if it leads to increased surveillance or restrictions on freedom of expression. These concerns would need to be addressed through careful implementation and oversight to ensure compliance with the First and Fourth Amendments.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).