The SPEED Act (H.R. 3838) and the FORGED Act (S. 5618) are two legislative proposals aimed at reforming the Department of Defense (DoD) acquisition system to enhance efficiency, agility, and alignment with warfighter needs. Both bills address overlapping challenges in defense acquisition, such as bureaucratic inefficiencies, slow delivery of capabilities, and the need for greater integration of commercial solutions. However, they differ in scope, approach, and specific reforms. Below is a detailed analysis of how the bills are complementary and how they differ.
H.R.3838 – SPEED Act
S.5618 – FoRGED Act
How the Bills Are Complementary
The SPEED Act and FORGED Act share a common goal of modernizing DoD acquisition processes to deliver capabilities faster, reduce costs, and strengthen the defense industrial base. Their complementary aspects include:
- Streamlining Acquisition Processes
- SPEED Act: Focuses on aligning acquisition with warfighter priorities, streamlining procurement thresholds (e.g., raising simplified acquisition thresholds), and reducing bureaucratic hurdles through targeted amendments (e.g., Sections 101, 303).
- FORGED Act: Takes a broader approach by repealing over 250 outdated or redundant provisions (Section 101) and introducing automatic sunset clauses for reporting requirements (Section 103), aiming to eliminate unnecessary administrative burdens.
- Complementarity: Both bills aim to reduce bureaucracy, but SPEED Act focuses on refining existing processes, while FORGED Act aggressively eliminates obsolete laws, together creating a leaner acquisition framework.
- Emphasis on Commercial Products and Services
- SPEED Act: Promotes commercial solutions by adjusting thresholds (Section 303), clarifying payment conditions (Section 305), and introducing data-as-a-service requirements (Section 4324).
- FORGED Act: Mandates treating certain products as commercial unless justified otherwise (Section 310), simplifies commercial contracting clauses (Section 313), and authorizes consumption-based solutions (Section 315).
- Complementarity: Both bills prioritize commercial integration, with SPEED Act focusing on specific mechanisms (e.g., data-as-a-service) and FORGED Act establishing broader commercial preference policies, enhancing the DoD’s ability to leverage private-sector innovations.
- Rapid Acquisition Pathways
- SPEED Act: Enhances rapid acquisition through modular open system approaches (Section 4401) and emphasizes iterative development to address evolving threats.
- FORGED Act: Formalizes rapid prototyping and fielding pathways (Section 317, Section 3602) and exempts certain programs from traditional requirements like the Joint Capabilities Integration and Development System (JCIDS) (Section 101).
- Complementarity: SPEED Act’s modular systems and FORGED Act’s rapid pathways work together to accelerate capability delivery, with SPEED focusing on system design flexibility and FORGED on procedural exemptions.
- Workforce Development
- SPEED Act: Mandates a Comptroller General review of the Defense Acquisition University (DAU) and acquisition workforce training (Title V, Section 101) to address gaps in skills and retention.
- FORGED Act: Establishes an engineering workforce development program (Section 401(h)) to train personnel in qualification, testing, and airworthiness for secondary sourcing.
- Complementarity: Both bills strengthen the acquisition workforce, with SPEED Act focusing on broad training and retention and FORGED Act targeting specialized skills for supply chain management, collectively enhancing workforce capability.
- Supply Chain and Industrial Base Resilience
- SPEED Act: Includes provisions for advanced manufacturing (Section 405) and surge capacity (Section 406) to bolster the industrial base.
- FORGED Act: Establishes a secondary sourcing program (Section 401) and an industrial expansion program (Section 402) to enhance supply chain flexibility and rapid qualification.
- Complementarity: Both bills address supply chain vulnerabilities, with SPEED Act emphasizing manufacturing innovation and FORGED Act focusing on rapid sourcing and qualification, together improving industrial readiness.
- Joint Requirements and Integration
- SPEED Act: Creates the Requirements, Acquisition, and Programming Integration Directorate (RAPID) (Section 186) to coordinate joint requirements and acquisition strategies.
- FORGED Act: Reforms the Joint Requirements Oversight Council (JROC) and establishes the Joint Requirements and Programming Board (Section 202, Section 186) to streamline requirements.
- Complementarity: Both bills enhance coordination of joint requirements, with SPEED Act’s RAPID and FORGED Act’s Board providing overlapping mechanisms to align acquisition with operational needs.
How the Bills Are Different
While the bills share common goals, they differ in scope, approach, and specific focus areas:
- Scope of Deregulation
- SPEED Act: Takes a targeted approach, amending specific sections of Title 10 (e.g., Sections 139, 3103, 1737) to refine processes without broad repeals.
- FORGED Act: Aggressively repeals over 250 provisions across Title 10 and multiple NDAAs (Section 101), targeting entire chapters (e.g., Chapters 205, 258, 327) to eliminate outdated requirements.
- Impact: FORGED Act’s extensive deregulation is more sweeping, potentially creating a cleaner slate but risking gaps in oversight, while SPEED Act’s incremental changes are more conservative and focused.
- Acquisition Role Definitions
- SPEED Act: Enhances the Program Executive Officer (PEO) role (Section 102) with responsibilities for trade-offs, program termination, and innovation, maintaining the traditional PEO structure.
- FORGED Act: Replaces PEOs with Portfolio Acquisition Executives (PAEs) (Section 201), granting broader authority over portfolios and direct control over requirements and programming.
- Impact: FORGED Act’s PAE model is more transformative, shifting to portfolio-level management, while SPEED Act strengthens existing roles, reflecting different philosophies on organizational reform.
- Approach to Commercial Solutions
- SPEED Act: Focuses on specific commercial mechanisms, such as data-as-a-service (Section 4324) and payment clarifications (Section 305), with targeted threshold adjustments.
- FORGED Act: Establishes a broader commercial preference policy (Section 314), mandates single-clause requirements for commercial contracts (Section 313), and introduces consumption-based solutions (Section 315).
- Impact: FORGED Act’s commercial reforms are more systemic, aiming to standardize commercial practices, while SPEED Act’s are more specific, targeting niche areas like data access.
- Supply Chain and Industrial Base Focus
- SPEED Act: Emphasizes advanced manufacturing (Section 405) and surge capacity (Section 406), with a focus on technological innovation and industrial readiness.
- FORGED Act: Prioritizes rapid secondary sourcing (Section 401) and industrial expansion (Section 402), with detailed processes for qualification and life-of-type buys.
- Impact: FORGED Act provides more granular supply chain reforms, particularly for wartime scenarios, while SPEED Act focuses on broader manufacturing advancements.
- Budgetary Reforms
- SPEED Act: Does not explicitly address budgetary structure but implies cost savings through streamlined processes and commercial integration.
- FORGED Act: Includes a comprehensive budget structure review (Section 501) and repeals specific budgetary requirements (Section 503) to consolidate program elements.
- Impact: FORGED Act’s budgetary focus is more explicit, aiming to reduce fragmentation, while SPEED Act’s cost-efficiency measures are embedded in process reforms.
- Reporting and Oversight
- SPEED Act: Relies on existing oversight mechanisms, with a Comptroller General review (Section 101) to assess workforce programs.
- FORGED Act: Introduces automatic sunset clauses for future reports (Section 103) and requires public contract award notices (Section 312) for transparency.
- Impact: FORGED Act reduces long-term reporting burdens but increases transparency requirements, while SPEED Act maintains traditional oversight with targeted reviews.
- Legislative Context and Timing
- SPEED Act: Introduced in the 119th Congress, 1st Session (2025), reflecting a forward-looking approach aligned with Executive Order 14265 (April 15, 2025).
- FORGED Act: Introduced in the 118th Congress, 2nd Session (December 19, 2024), indicating an earlier legislative push.
- Impact: SPEED Act may build on FORGED Act’s reforms, potentially refining or expanding them in a later session, but their timing suggests different legislative priorities.
Potential Synergies and Conflicts
- Synergies: The bills complement each other by addressing different facets of acquisition reform. SPEED Act’s focus on workforce training, modular systems, and data-as-a-service could enhance FORGED Act’s rapid acquisition pathways and commercial preferences. Together, they could create a comprehensive framework for agile, cost-effective acquisition with a robust industrial base.
- Conflicts: The FORGED Act’s extensive repeals could create gaps that SPEED Act’s targeted amendments may not address, potentially leading to inconsistencies. The PAE model (FORGED) might conflict with SPEED Act’s PEO enhancements, requiring clarification on roles. Overlapping requirements (e.g., RAPID vs. Joint Requirements and Programming Board) could cause confusion if not harmonized.
Recommendations for Harmonization
To maximize their complementary potential and minimize conflicts:
- Align Role Definitions: Clarify whether PAEs (FORGED) supersede or coexist with enhanced PEOs (SPEED) to avoid organizational overlap.
- Coordinate Repeals and Amendments: Ensure FORGED Act’s repeals do not undermine SPEED Act’s amendments, particularly for overlapping Title 10 sections (e.g., 181, 186).
- Integrate Supply Chain Efforts: Combine SPEED Act’s manufacturing focus with FORGED Act’s secondary sourcing to create a unified industrial base strategy.
- Harmonize Commercial Policies: Align SPEED Act’s data-as-a-service and payment reforms with FORGED Act’s consumption-based solutions for consistent commercial integration.
- Legislative Coordination: If both bills progress, Congress should reconcile them to avoid redundant or conflicting provisions, potentially merging key elements into a single reform package.
Conclusion
The SPEED Act and FORGED Act are highly complementary, both aiming to modernize DoD acquisition by reducing bureaucracy, leveraging commercial solutions, and enhancing supply chain resilience. SPEED Act focuses on refining existing processes, workforce development, and specific innovations like modular systems, while FORGED Act pursues broader deregulation, portfolio management, and rapid acquisition pathways. Their differences in scope and approach reflect distinct strategies—SPEED Act’s incrementalism versus FORGED Act’s transformative sweep—but together, they could create a robust framework for agile, efficient defense acquisition. Careful coordination will be needed to align their provisions and avoid conflicts, ensuring a cohesive reform effort.