IB 

Union Calendar No. 47 

111TH CONGRESS 

1ST SESSION H. R. 2101 

[Report No. 111–101] 

To promote reform and independence in the oversight of weapons system 

acquisition by the Department of Defense. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2009 

Mr. SKELTON (for himself, Mr. MCHUGH, Mr. ANDREWS, Mr. SPRATT, Mr. 

CONAWAY, Mr. COFFMAN of Colorado, Mr. SESTAK, Mr. BRADY of Pennsylvania, Mr. FORBES, Mrs. TAUSCHER, Mr. SNYDER, Ms. SHEA-PORTER, and Mr. MASSA) introduced the following bill; which was referred 

to the Committee on Armed Services 

MAY 12, 2009 

Additional sponsors: Mr. AKIN, Mr. WITTMAN, Mr. TAYLOR, Mr. BARTLETT, 

Mr. COURTNEY, Mr. MARSHALL, Mr. KISSELL, Mr. LARSEN of Washington, Mr. LOEBSACK, Ms. PINGREE of Maine, and Mr. ABERCROMBIE

MAY 12, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 27, 2009] 

A BILL 

To promote reform and independence in the oversight of 

weapons system acquisition by the Department of Defense. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Weapons Acquisition System Reform Through Enhancing 

6 Technical Knowledge and Oversight Act of 2009’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ACQUISITION ORGANIZATION 

Sec. 101. Independent performance of acquisition oversight functions. 

Sec. 102. Oversight of cost estimation. 

Sec. 103. Oversight of systems engineering. 

Sec. 104. Oversight of performance assessment. 

Sec. 105. Assessment of technological maturity of critical technologies of major defense acquisition programs by the Director of Defense Research 

and Engineering. 

Sec. 106. Role of the commanders of the combatant commands in identifying joint 

military requirements. 

TITLE II—ACQUISITION POLICY 

Sec. 201. Acquisition strategies ensuring competition throughout the lifecycle of 

major defense acquisition programs. 

Sec. 202. Additional requirements for certain major defense acquisition programs. 

Sec. 203. Requirement for certification of major systems prior to Milestone B. 

Sec. 204. Critical cost growth in major defense acquisition programs. 

Sec. 205. Organizational conflicts of interest in the acquisition of major weapon 

systems. 

Sec. 206. Awards for Department of Defense personnel for excellence in the acquisition of products and services. 

Sec. 207. Consideration of trade-offs among cost, schedule, and performance in the 

acquisition of major weapon systems. 


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1 TITLE I—ACQUISITION 

2 ORGANIZATION 

3 SEC. 101. INDEPENDENT PERFORMANCE OF ACQUISITION 

4 OVERSIGHT FUNCTIONS. 

5 (a) IN GENERAL.—Chapter 4 of title 10, United States 

6 Code, is amended by adding at the end the following new 

7 section: 

8 ‘‘§ 145. Principal advisors for acquisition oversight 

9 functions 

10 ‘‘(a) ASSIGNMENT OF ACQUISITION OVERSIGHT FUNC11 TIONS.—The Secretary of Defense shall designate an official 

12 within the Office of the Secretary of Defense as the principal 

13 advisor to the Secretary for each acquisition oversight func14 tion specified in subsection (c). An official may be des15 ignated to perform one or more of such functions. The per16 formance of duties pursuant to a designation under this sec17 tion shall not limit or otherwise affect the performance of 

18 any other duties assigned to such official by the Secretary 

19 or by other officers of the Department responsible for the 

20 management and direction of such official except as nec21 essary to satisfy the requirements of subsection (b). 

22 ‘‘(b) QUALIFICATIONS.—In designating an official for 

23 a function pursuant to subsection (a), the Secretary shall 

24 ensure that the official reports directly to the Secretary in 

25 the performance of such function and is— 


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1 ‘‘(1) highly expert in matters relating to the 

2 function; 

3 ‘‘(2) assigned the appropriate staff and resources 

4 necessary to carry out the function; 

5 ‘‘(3) independent from those engaged in the exe6 cution of acquisition programs; 

7 ‘‘(4) free of any undue political influence; and 

8 ‘‘(5) free of any personal conflict of interest. 

9 ‘‘(c) ACQUISITION OVERSIGHT FUNCTIONS.—(1) The 

10 acquisition oversight functions to be performed by officials 

11 designated pursuant to subsection (a) are as follows: 

12 ‘‘(A) Cost estimation. 

13 ‘‘(B) Systems engineering. 

14 ‘‘(C) Performance assessment. 

15 ‘‘(D) Such other acquisition functions as the Sec16 retary considers appropriate. 

17 ‘‘(2) Each acquisition oversight function specified in 

18 paragraph (1) shall cover all phases of an acquisition pro19 gram, including setting of requirements, formulation and 

20 execution of budgets, and program execution.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections at 

22 the beginning of such chapter is amended by adding at the 

23 end the following new item: 

‘‘145. Principal advisors for acquisition oversight functions.’’. 


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1 SEC. 102. OVERSIGHT OF COST ESTIMATION. 

2 (a) IN GENERAL.—Chapter 137 of title 10, United 

3 States Code, is amended by adding at the end the following 

4 new section: 

5 ‘‘§ 2334. Acquisition oversight: oversight of cost esti6 mation 

7 ‘‘(a) ISSUANCE OF POLICIES, PROCEDURES, GUID8 ANCE, AND COST ESTIMATES.—The official assigned over9 sight of cost estimation pursuant to section 145 of this title 

10 shall issue the following: 

11 ‘‘(1) Policies and procedures governing the con12 duct of cost estimation and cost analysis generally for 

13 the acquisition programs of the Department of De14 fense. 

15 ‘‘(2) Guidance relating to cost estimates and cost 

16 analyses conducted in connection with major defense 

17 acquisition programs under chapter 144 of this title 

18 or major automated information system programs 

19 under chapter 144A of this title. 

20 ‘‘(3) Guidance relating to the proper selection of 

21 confidence levels for cost estimates generally, and spe22 cifically, for the proper selection of confidence levels 

23 for cost estimates for major defense acquisition pro24 grams under chapter 144 of this title or major auto25 mated information system program under chapter 

26 144A of this title. 


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1 ‘‘(4) Guidance relating to full consideration of 

2 life-cycle management and sustainability costs of 

3 major defense acquisition programs under chapter 

4 144 of this title or major automated information sys5 tem programs under chapter 144A of this title. 

6 ‘‘(5) Independent cost estimates and cost anal7 yses for major defense acquisition programs and 

8 major automated information system programs for 

9 which the Under Secretary of Defense for Acquisition, 

10 Technology, and Logistics is the Milestone Decision 

11 Authority— 

12 ‘‘(A) in advance of— 

13 ‘‘(i) any certification under section 

14 2366a or 2366b of title 10, United States 

15 Code; 

16 ‘‘(ii) any decision to enter into low17 rate initial production or full-rate produc18 tion; 

19 ‘‘(iii) any certification under section 

20 2433(e)(2) of this title; and 

21 ‘‘(iv) any report under section 2445c(f) 

22 of this title; and 

23 ‘‘(B) at any other time considered necessary 

24 by such official or upon the request of the Under 


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1 Secretary of Defense for Acquisition, Technology, 

2 and Logistics. 

3 ‘‘(b) REVIEW OF COST ESTIMATES, COST ANALYSES, 

4 COST INDEXES, AND RECORDS OF THE MILITARY DEPART5 MENTS.—The Secretary of Defense shall ensure that the offi6 cial designated for oversight of cost estimation pursuant to 

7 section 145 of this title— 

8 ‘‘(1) promptly receives the results of all cost esti9 mates and cost analyses conducted by the military de10 partments, and all studies conducted by the military 

11 departments in connection with such cost estimates 

12 and cost analyses, for major defense acquisition pro13 grams and major automated information systems of 

14 the military departments, and is authorized to com15 ment on such estimates, analyses, and studies; and 

16 ‘‘(2) has timely access to any records and data 

17 in the Department of Defense (including the records 

18 and data of each military department and including 

19 classified and proprietary information as appro20 priate) that the official considers necessary to review 

21 in order to carry out any duties under this section. 

22 ‘‘(c) PARTICIPATION, CONCURRENCE, AND APPROVAL

23 IN COST ESTIMATION.—The Secretary of Defense shall en24 sure that the official designated for oversight of cost esti25 mation pursuant to section 145 of this title is involved in 


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1 all discussions relating to cost estimation and the esti2 mation of resource levels required for major defense acquisi3 tion programs and major automated information systems 

4 of the Department of Defense generally at all stages of such 

5 programs and may— 

6 ‘‘(1) participate in the formulation of study 

7 guidance for analyses of alternatives for major defense 

8 acquisition programs; 

9 ‘‘(2) participate in discussion of resources associ10 ated with requirements; 

11 ‘‘(3) participate in the discussion of any discrep12 ancies between an independent cost estimate and the 

13 cost estimate of a military department for a major 

14 defense acquisition program or major automated in15 formation system of the Department of Defense; 

16 ‘‘(4) approve or disapprove, at such official’s sole 

17 discretion, the confidence level used in establishing a 

18 baseline description or budget estimate for a major 

19 defense acquisition program or major automated in20 formation system of the Department of Defense at any 

21 of the events specified in paragraph (5) of subsection 

22 (a) of this section; 

23 ‘‘(5) concur in the choice of a baseline descrip24 tion or budget estimate for use at any of the events 


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1 specified in paragraph (5) of subsection (a) of this 

2 section; and 

3 ‘‘(6) participate in consideration of any decision 

4 to request authorization of a multiyear procurement 

5 contract for a major defense acquisition program. 

6 ‘‘(d) DISCLOSURE OF CONFIDENCE LEVELS FOR BASE7 LINE ESTIMATES OF MAJOR DEFENSE ACQUISITION PRO8 GRAMS.—The official designated to perform oversight of cost 

9 estimation pursuant to section 145 of this title, in approv10 ing a confidence level for use in a major defense acquisition 

11 program pursuant to subsection (c)(4), shall— 

12 ‘‘(1) disclose the confidence level used in estab13 lishing a baseline estimate for the major defense ac14 quisition program, the rationale for selecting such 

15 confidence level, and, if such confidence level is less 

16 than 80 percent, the justification for selecting a con17 fidence level of less than 80 percent; and 

18 ‘‘(2) include the disclosure required by para19 graph (1) in any decision documentation approving 

20 a baseline estimate for the major defense acquisition 

21 program, in the next Selected Acquisition Report pur22 suant to section 2432 of this title for the major de23 fense acquisition program, and in the next annual re24 port submitted under subsection (f). 


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1 ‘‘(e) RELATIONSHIP TO COST ANALYSIS IMPROVEMENT

2 GROUP.—The official designated to perform oversight of 

3 cost estimation pursuant to section 145 of this title shall 

4 be assigned responsibility for the management and oversight 

5 of the Cost Analysis Improvement Group of the Department 

6 of Defense. 

7 ‘‘(f) ANNUAL REPORT.—Not later than March 1 of 

8 each year, beginning on March 1, 2010, the official des9 ignated to perform oversight of cost estimation pursuant to 

10 section 145 of this title shall submit to the congressional 

11 defense committees a report on the activities undertaken 

12 pursuant to this section during the preceding year. The re13 port shall be in an unclassified form but may include a 

14 classified annex.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections at 

16 the beginning of such chapter is amended by adding at the 

17 end the following new item: 

‘‘2334. Acquisition oversight: oversight of cost estimation.’’. 

18 SEC. 103. OVERSIGHT OF SYSTEMS ENGINEERING. 

19 (a) IN GENERAL.—Chapter 137 of title 10, United 

20 States Code, as amended by section 102, is further amended 

21 by adding at the end the following new section: 

22 ‘‘§ 2334a. Acquisition oversight: oversight of systems 

23 engineering 

24 ‘‘(a) ISSUANCE OF POLICIES, PROCEDURES, AND

25 GUIDANCE.—The official designated to perform oversight of 


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1 systems engineering pursuant to section 145 of this title 

2 shall— 

3 ‘‘(1) issue policies, procedures, and guidance for 

4 all elements of the Department of Defense con5 cerning— 

6 ‘‘(A) the use of systems engineering prin7 ciples and best practices, generally; 

8 ‘‘(B) the use of systems engineering ap9 proaches to enhance reliability, availability, and 

10 maintainability on major defense acquisition 

11 programs; 

12 ‘‘(C) the development of systems engineering 

13 master plans for major defense acquisition pro14 grams, including systems engineering consider15 ations in support of life-cycle management and 

16 sustainability; 

17 ‘‘(D) the inclusion of provisions relating to 

18 systems engineering and reliability growth in re19 quests for proposals; 

20 ‘‘(E) the appropriate use of development 

21 planning to reduce the time from system develop22 ment to deployment, to reduce development risk 

23 and cost growth, and to provide future bench24 marks against which to trade requirements, cost, 

25 and schedule; 


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1 ‘‘(F) developmental test and evaluation gen2 erally; 

3 ‘‘(G) in coordination with the Director of 

4 Operational Test and Evaluation, the integra5 tion of developmental test and evaluation with 

6 operational test and evaluation; 

7 ‘‘(H) in coordination with the Director of 

8 Operational Test and Evaluation, the develop9 ment of test and evaluation master plans for 

10 major defense acquisition programs; and 

11 ‘‘(I) the use of developmental test and eval12 uation as part of a coordinated systems engi13 neering approach to system development; and 

14 ‘‘(2) provide advocacy, oversight, and direction 

15 to elements of the acquisition workforce responsible for 

16 functions relating to systems engineering, develop17 mental test and evaluation, and life-cycle manage18 ment and sustainability. 

19 ‘‘(b) PARTICIPATION IN REQUIREMENTS DISCUS20 SIONS.—The official designated to perform oversight of sys21 tems engineering pursuant to section 145 of this title shall 

22 provide input on the inclusion of systems engineering re23 quirements in the process for consideration of joint military 

24 requirements by the Joint Requirements Oversight Council 

25 pursuant to section 181 of title 10, United States Code, inVerDate Nov 24 2008 22:26 May 12, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2101.RH H2101

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1 cluding specific input relating to each capabilities develop2 ment document. 

3 ‘‘(c) ACCESS TO RECORDS OF THE MILITARY DEPART4 MENTS.—The official designated to perform oversight of sys5 tems engineering pursuant to section 145 of this title shall 

6 have access to any records or data of the Department of 

7 Defense (including the records and data of each military 

8 department and including classified and proprietary infor9 mation as appropriate) that the official considers necessary 

10 to review in order to carry out any duties under this sec11 tion. 

12 ‘‘(d) ASSESSMENT OF MILITARY DEPARTMENT CAPA13 BILITIES FOR SYSTEMS ENGINEERING AND DEVELOP14 MENTAL TEST AND EVALUATION.—The official designated 

15 to perform oversight of systems engineering pursuant to sec16 tion 145 of this title shall— 

17 ‘‘(1) periodically assess the capabilities of the 

18 military departments for systems engineering (includ19 ing development planning) and developmental test 

20 and evaluation; 

21 ‘‘(2) provide such assessment, along with such 

22 recommendations for improvement as the official con23 siders necessary, to the Secretary of Defense and the 

24 Under Secretary of Defense for Acquisition, Tech25 nology, and Logistics; and 


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1 ‘‘(3) include such assessment and recommenda2 tions in the annual report required by subsection (g). 

3 ‘‘(e) REVIEW AND APPROVAL OF PLANS FOR MAJOR

4 DEFENSE ACQUISITION PROGRAMS.—The official des5 ignated to perform oversight of systems engineering pursu6 ant to section 145 of this title shall review and approve 

7 the following plans with respect to any major defense acqui8 sition program: 

9 ‘‘(1) The systems engineering master plan. 

10 ‘‘(2) The developmental test and evaluation plan 

11 within the test and evaluation master plan. 

12 ‘‘(f) REPORTING THROUGH UNDER SECRETARY.—The 

13 official designated to perform oversight of systems engineer14 ing pursuant to section 145 of this title shall report to the 

15 Secretary of Defense through the Under Secretary of Defense 

16 for Acquisition, Technology, and Logistics. 

17 ‘‘(g) ANNUAL REPORT.—Not later than March 1 of 

18 each year, beginning on March 1, 2010, the official des19 ignated to perform oversight of systems engineering pursu20 ant to section 145 of this title shall submit to the congres21 sional defense committees a report on the activities under22 taken pursuant to this section during the preceding year. 

23 The report shall be in unclassified form but may include 

24 a classified annex.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter, as amended by section 102, 

3 is further amended by adding at the end the following new 

4 item: 

‘‘2334a. Acquisition oversight: oversight of systems engineering.’’. 

5 SEC. 104. OVERSIGHT OF PERFORMANCE ASSESSMENT. 

6 (a) IN GENERAL.—Chapter 137 of title 10, United 

7 States Code, as amended by section 103, is further amended 

8 by adding at the end the following new section: 

9 ‘‘§ 2334b. Acquisition oversight: oversight of perform10 ance assessment 

11 ‘‘(a) ISSUANCE OF POLICIES, PROCEDURES, AND

12 GUIDANCE FOR PERFORMANCE ASSESSMENTS.—The offi13 cial designated to perform oversight of performance assess14 ment pursuant to section 145 of this title shall be respon15 sible for the issuance of policies, procedures, and guidance 

16 governing the conduct of performance assessments for the 

17 acquisition programs of the Department of Defense, includ18 ing assessment of the extent to which acquisition pro19 grams— 

20 ‘‘(1) deliver sufficient capability to the 

21 warfighter; 

22 ‘‘(2) achieve timely delivery of such capability; 

23 and 

24 ‘‘(3) deliver a level of value consistent with re25 sources expended. 


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1 ‘‘(b) ASSESSMENT OF BASELINE QUALITY.—The offi2 cial designated to perform oversight of performance assess3 ment pursuant to section 145 of this title shall periodically 

4 assess the suitability of the baseline descriptions required 

5 by section 2435 of title 10, United States Code, of major 

6 defense acquisition programs for providing a basis for per7 formance assessment and make such recommendations to 

8 the Secretary of Defense and the Under Secretary of Defense 

9 for Acquisition, Technology, and Logistics as the official 

10 considers necessary to improve the suitability of baseline 

11 descriptions for such purpose. 

12 ‘‘(c) EARNED VALUE MANAGEMENT SYSTEM.—The of13 ficial designated to perform oversight of performance assess14 ment pursuant to section 145 of this title shall be respon15 sible for the management and oversight of the records of 

16 the earned value management system of the Department of 

17 Defense. 

18 ‘‘(d) PARTICIPATION IN CERTAIN PROGRAM RE19 VIEWS.—The official designated to perform oversight of per20 formance assessment pursuant to section 145 of this title 

21 is authorized to present an assessment of the performance 

22 of a major defense acquisition program during— 

23 ‘‘(1) any discussions prior to certification under 

24 section 2433(e)(2) of this title; 


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1 ‘‘(2) any discussions prior to entry into full-rate 

2 production; and 

3 ‘‘(3) consideration of any decision to request au4 thorization of a multiyear procurement contract for a 

5 major defense acquisition program. 

6 ‘‘(e) ANNUAL REPORT.—Not later than March 1 of 

7 each year, beginning on March 1, 2010, the official des8 ignated to perform oversight of performance assessment pur9 suant to section 145 of this title shall submit to the congres10 sional defense committees a report on the activities under11 taken pursuant to this section during the preceding year. 

12 The report shall be in unclassified form but may include 

13 a classified annex.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of such chapter, as amended by section 103, 

16 is further amended by adding at the end the following new 

17 item: 

‘‘2334b. Acquisition oversight: oversight of performance assessment.’’. 

18 SEC. 105. ASSESSMENT OF TECHNOLOGICAL MATURITY OF 

19 CRITICAL TECHNOLOGIES OF MAJOR DE20 FENSE ACQUISITION PROGRAMS BY THE DI21 RECTOR OF DEFENSE RESEARCH AND ENGI22 NEERING. 

23 (a) ASSESSMENT BY DIRECTOR OF DEFENSE RE24 SEARCH AND ENGINEERING.— 


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1 (1) IN GENERAL.—Section 139a of title 10, 

2 United States Code, is amended by adding at the end 

3 the following new subsection: 

4 ‘‘(c)(1) The Director of Defense Research and Engi5 neering shall periodically review and assess the techno6 logical maturity and integration risk of critical technologies 

7 of the major defense acquisition programs of the Depart8 ment of Defense and report on the findings of such reviews 

9 and assessments to the Under Secretary of Defense for Ac10 quisition, Technology, and Logistics. 

11 ‘‘(2) The Director shall submit to the Secretary of De12 fense and to the congressional defense committees by Janu13 ary 1 of each year a report on the technological maturity 

14 and integration risk of critical technologies of the major de15 fense acquisition programs of the Department of Defense.’’. 

16 (2) FIRST ANNUAL REPORT.—The first annual 

17 report under subsection (c)(2) of section 139a of title 

18 10, United States Code (as added by paragraph (1)), 

19 shall be submitted to the congressional defense com20 mittees not later than March 1, 2011, and shall ad21 dress the results of reviews and assessments conducted 

22 by the Director of Defense Research and Engineering 

23 pursuant to subsection (c)(1) of such section (as so 

24 added) during the preceding calendar year. 


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1 (b) REPORT ON RESOURCES FOR IMPLEMENTATION.— 

2 Not later than 120 days after the date of the enactment of 

3 this Act, the Director of Defense Research and Engineering 

4 shall submit to the congressional defense committees a re5 port describing any additional resources that may be re6 quired by the Director, and by other research and engineer7 ing elements of the Department of Defense, to carry out the 

8 following: 

9 (1) The requirements under the amendment 

10 made by subsection (a)(1). 

11 (2) The technological maturity assessments re12 quired by section 2366b(a) of title 10, United States 

13 Code. 

14 (3) The requirements of Department of Defense 

15 Instruction 5000, as revised. 

16 SEC. 106. ROLE OF THE COMMANDERS OF THE COMBATANT 

17 COMMANDS IN IDENTIFYING JOINT MILITARY 

18 REQUIREMENTS. 

19 (a) IN GENERAL.—Section 181(d) of title 10, United 

20 States Code, is amended— 

21 (1) by inserting ‘‘(1)’’ before ‘‘The Under Sec22 retary’’; and 

23 (2) by adding at the end the following new para24 graph: 


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1 ‘‘(2) The Council shall seek and consider input from 

2 the commanders of the combatant commands in carrying 

3 out its mission under paragraphs (1) and (2) of subsection 

4 (b) and in conducting periodic reviews in accordance with 

5 the requirements of subsection (e). Such input may include, 

6 but is not limited to, an assessment of the following: 

7 ‘‘(A) Any current or projected missions or 

8 threats in the theater of operations of the commander 

9 of a combatant command that would inform the as10 sessment of a new joint military requirement. 

11 ‘‘(B) The necessity and sufficiency of a proposed 

12 joint military requirement in terms of current and 

13 projected missions or threats. 

14 ‘‘(C) The relative priority of a proposed joint 

15 military requirement in comparison with other joint 

16 military requirements within the theater of operations 

17 of a commander of a combatant command. 

18 ‘‘(D) The ability of partner nations in the the19 ater of operations of the commander of a combatant 

20 command to assist in meeting the joint military re21 quirement or the benefit, if any, of a partner nation 

22 assisting in development or use of technologies devel23 oped to meet the joint military requirement.’’. 

24 (b) COMPTROLLER GENERAL OF THE UNITED STATES

25 REVIEW OF IMPLEMENTATION.—Not later than two years 


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1 after the date of the enactment of this Act, the Comptroller 

2 General of the United States shall submit to the Committees 

3 on Armed Services of the Senate and the House of Rep4 resentatives a report on the implementation of the require5 ments of (1) subsection (d)(2) of section 181 of title 10, 

6 United States Code (as amended by subsection (a)), for the 

7 Joint Requirements Oversight Council to solicit and con8 sider input from the commanders of the combatant com9 mands, and (2) subsection (b) of section 181 of title 10, 

10 United States Code (as amended by section 942 of the Na11 tional Defense Authorization Act for Fiscal Year 2008 (Pub12 lic Law 110–181; 122 Stat. 287)). The report shall include, 

13 at a minimum, an assessment of the extent to which the 

14 Council has effectively sought, and the commanders of the 

15 combatant commands have provided, meaningful input on 

16 proposed joint military requirements. 

17 TITLE II—ACQUISITION POLICY 

18 SEC. 201. ACQUISITION STRATEGIES ENSURING COMPETI19 TION THROUGHOUT THE LIFECYCLE OF 

20 MAJOR DEFENSE ACQUISITION PROGRAMS. 

21 (a) ACQUISITION STRATEGY ENSURING COMPETI22 TION.—The Secretary of Defense shall ensure that the acqui23 sition strategy for each major defense acquisition program 

24 includes— 


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1 (1) measures to ensure competition, or the option 

2 of competition, at both the prime contract level and 

3 the subcontract level (at such tier or tiers as are ap4 propriate) of such program throughout the life-cycle of 

5 such program as a means to improve contractor per6 formance; and 

7 (2) adequate documentation of the rationale for 

8 the selection of the subcontract tier or tiers under 

9 paragraph (1). 

10 (b) MEASURES TO ENSURE COMPETITION.—The meas11 ures to ensure competition, or the option of competition, 

12 for purposes of subsection (a) may include measures to 

13 achieve the following, in appropriate cases if such measures 

14 are cost-effective: 

15 (1) Competitive prototyping. 

16 (2) Dual-sourcing. 

17 (3) Unbundling of contracts. 

18 (4) Funding of a second source for interchange19 able, next-generation prototype systems or subsystems. 

20 (5) Use of modular, open architectures to enable 

21 competition for upgrades. 

22 (6) Use of build-to-print approaches to enable 

23 production through multiple sources. 

24 (7) Acquisition of complete technical data pack25 ages. 


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1 (8) Periodic competitions for subsystem up2 grades. 

3 (9) Licensing of additional suppliers. 

4 (10) Periodic system or program reviews to ad5 dress long-term competitive effects of program deci6 sions. 

7 (c) CONSIDERATION OF COMPETITION THROUGHOUT

8 OPERATION AND SUSTAINMENT OF MAJOR DEFENSE AC9 QUISITION PROGRAMS.—In carrying out this section, the 

10 Secretary of Defense shall ensure that, with respect to main11 tenance of a major defense acquisition program, consider12 ation is given to capabilities within the Department of De13 fense to perform maintenance functions. 

14 SEC. 202. ADDITIONAL REQUIREMENTS FOR CERTAIN 

15 MAJOR DEFENSE ACQUISITION PROGRAMS. 

16 (a) ADDITIONAL REQUIREMENTS RELATING TO MILE17 STONE B APPROVAL.—Section 2366b of title 10, United 

18 States Code, is amended— 

19 (1) in subsection (d)— 

20 (A) by inserting ‘‘(1)’’ before ‘‘The milestone 

21 decision authority may’’; and 

22 (B) by striking the second sentence and in23 serting the following: 

24 ‘‘(2) Whenever the milestone decision authority makes 

25 such a determination and authorizes such a waiver— 


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1 ‘‘(A) the waiver, the determination, and the rea2 sons for the determination shall be submitted in writ3 ing to the congressional defense committees within 30 

4 days after the waiver is authorized; and 

5 ‘‘(B) the milestone decision authority shall re6 view the program not less often than annually to de7 termine the extent to which such program currently 

8 satisfies the certification components specified in 

9 paragraphs (1) and (2) of subsection (a) until such 

10 time as the milestone decision authority determines 

11 that the program satisfies all such certification com12 ponents.’’; 

13 (2) by redesignating subsections (e) and (f) as 

14 subsections (f) and (g), respectively, and inserting 

15 after subsection (d) the following new subsection (e): 

16 ‘‘(e) DESIGNATION OF CERTIFICATION STATUS IN

17 BUDGET DOCUMENTATION.—Any budget request, budget 

18 justification material, budget display, reprogramming re19 quest, Selected Acquisition Report, or other budget docu20 mentation or performance report submitted by the Sec21 retary of Defense to the President regarding a major defense 

22 acquisition program receiving a waiver pursuant to sub23 section (d) shall prominently and clearly indicate that such 

24 program has not fully satisfied the certification require25 ments of this section until such time as the milestone deciVerDate Nov 24 2008 22:26 May 12, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H2101.RH H2101

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1 sion authority makes the determination that such program 

2 has satisfied all certification components pursuant to sub3 section (d)(2)(B).’’; 

4 (3) in subsection (a)— 

5 (A) in paragraph (1), by striking ‘‘and’’ at 

6 the end; 

7 (B) by redesignating paragraph (2) as 

8 paragraph (3); 

9 (C) by inserting after paragraph (1) the fol10 lowing new paragraph (2): 

11 ‘‘(2) has received a preliminary design review 

12 and conducted a formal post-preliminary design re13 view assessment, and certifies on the basis of such as14 sessment that the program demonstrates a high likeli15 hood of accomplishing its intended mission or that no 

16 preliminary design review is necessary for such pro17 gram to demonstrate a high likelihood of accom18 plishing its intended mission; and’’; and 

19 (D) in paragraph (3), as redesignated by 

20 subparagraph (B) of this paragraph— 

21 (i) in subparagraph (D), by striking 

22 the semicolon and inserting ‘‘, as deter23 mined by the Milestone Decision Authority 

24 on the basis of an independent review and 


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1 assessment by the Director of Defense Re2 search and Engineering; and’’; 

3 (ii) by striking subparagraph (E); and 

4 (iii) by redesignating subparagraph 

5 (F) as subparagraph (E). 

6 (b) CERTIFICATION AND REVIEW OF PROGRAMS EN7 TERING DEVELOPMENT PRIOR TO ENACTMENT OF SECTION

8 2366B OF TITLE 10.— 

9 (1) DETERMINATION.—(A) Except as provided in 

10 subparagraph (B), beginning not later than 270 days 

11 after the date of the enactment of this Act, for each 

12 major defense acquisition program that has not re13 ceived a Milestone C approval, or Key Decision Point 

14 C approval in the case of a space program, the Mile15 stone Decision Authority shall determine whether or 

16 not the program satisfies the certification components 

17 specified in paragraphs (1) and (2) of subsection (a) 

18 of section 2366b of title 10, United States Code. 

19 (B) Subparagraph (A) shall not apply to a 

20 major defense acquisition program that has been re21 viewed pursuant to section 2366b of title 10, United 

22 States Code, prior to the date that is 270 days after 

23 the date of the enactment of this Act, or a major de24 fense acquisition program that has not yet received 

25 Milestone B approval. 


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1 (2) ANNUAL REVIEW.—The Milestone Decision 

2 Authority shall review any program determined pur3 suant to paragraph (1) not to satisfy the certification 

4 components of subsection (a) of section 2366b of title 

5 10, United States Code, not less often than annually 

6 thereafter to determine the extent to which such pro7 gram currently satisfies the certification components 

8 specified in paragraphs (1) and (2) of subsection (a) 

9 of such section until such time as the Milestone Deci10 sion Authority determines that the program satisfies 

11 all such certification components. 

12 (3) DESIGNATION OF CERTIFICATION STATUS IN

13 BUDGET DOCUMENTATION.—Any budget request, 

14 budget justification material, budget display, re15 programming request, Selected Acquisition Report, or 

16 other budget documentation or performance report 

17 submitted by the Secretary of Defense to the President 

18 regarding a major defense acquisition program which 

19 the Milestone Decision Authority determines under 

20 paragraph (1) does not satisfy the certification com21 ponents specified in paragraphs (1) and (2) of sub22 section (a) of section 2366b of title 10, United States 

23 Code, shall prominently and clearly indicate that 

24 such program has not fully satisfied such certification 

25 components until such time as the Milestone Decision 


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1 Authority makes the determination that such program 

2 has satisfied all certification components pursuant to 

3 paragraph (2). 

4 (c) REVIEWS OF PROGRAMS RESTRUCTURED AFTER

5 EXPERIENCING CRITICAL COST GROWTH.—The official des6 ignated to perform oversight of performance assessment pur7 suant to section 145 of title 10, United States Code, as 

8 added by this Act, shall annually review each major defense 

9 acquisition program that has been considered pursuant to 

10 paragraph (2) of section 2433(e) of title 10, United States 

11 Code, and which has been certified as necessary to continue 

12 pursuant to such paragraph, to assess the success of the pro13 gram in achieving adequate program performance after the 

14 completion of such consideration. The results of reviews per15 formed pursuant to this subsection shall be included in the 

16 next annual report of such official. 

17 SEC. 203. REQUIREMENT FOR CERTIFICATION OF MAJOR 

18 SYSTEMS PRIOR TO MILESTONE B. 

19 (a) CERTIFICATION.—Except as provided in subsection 

20 (b), beginning not later than 270 days after the date of the 

21 enactment of this Act, for each major defense acquisition 

22 program that has not received Milestone B approval, or Key 

23 Decision Point B approval in the case of a space program, 

24 the Milestone Decision Authority shall certify, after con25 sultation with the Joint Requirements Oversight Council on 


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1 matters relating to program requirements and military 

2 needs— 

3 (1) that the program fulfills an approved initial 

4 capabilities document; 

5 (2) that the program is being executed by an en6 tity with a relevant core competency as identified by 

7 the Secretary of Defense under section 118b of title 

8 10, United States Code; 

9 (3) if the program duplicates a capability al10 ready provided by an existing program, the duplica11 tion provided by such program is necessary and ap12 propriate; 

13 (4) that a cost estimate for such program has 

14 been submitted to the Milestone Decision Authority 

15 and that the concurrence of the official designated to 

16 perform oversight of cost estimation pursuant to sec17 tion 145 of title 10, United States Code, has been ob18 tained regarding the choice of a cost estimate; and 

19 (5) that a schedule identifying the time and 

20 major activities required to reach Milestone B ap21 proval, or Key Decision Point B approval in the case 

22 of a space program, has been submitted to the Mile23 stone Decision Authority. 

24 (b) EXCEPTION.—Subsection (a) shall not apply to a 

25 major defense acquisition program that has received a cerVerDate Nov 24 2008 22:26 May 12, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H2101.RH H2101

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1 tification as required by section 2366a, title 10, United 

2 States Code. 

3 (c) REPORTS.— 

4 (1) RELATING TO COST GROWTH OR SCHEDULE

5 DELAY OF PROGRAMS CERTIFIED UNDER SUBSECTION

6 (A).—With respect to a major defense acquisition pro7 gram certified by the Milestone Decision Authority 

8 under subsection (a), the Milestone Decision Author9 ity shall submit to the congressional defense commit10 tees a report in accordance with this subsection if, 

11 prior to Milestone B approval— 

12 (A) the projected cost of the program exceeds 

13 the cost estimate for the program submitted to 

14 the Milestone Decision Authority in accordance 

15 with subsection (a)(4) by more than 25 percent; 

16 or 

17 (B) the schedule submitted to the Milestone 

18 Decision Authority in accordance with sub19 section (a)(5) is delayed by more than 25 per20 cent. 

21 (2) RELATING TO COST GROWTH OF PROGRAMS

22 CERTIFIED UNDER SECTION 2366A.—With respect to a 

23 major defense acquisition program certified by the 

24 Milestone Decision Authority under section 2366a of 

25 title 10, United States Code, the Milestone Decision 


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1 Authority shall submit to the congressional defense 

2 committees a report in accordance with this sub3 section if the program manager submits a notification 

4 to the Milestone Decision Authority pursuant to sec5 tion 2366a(b). 

6 (3) MATTERS COVERED.—Any report submitted 

7 pursuant to paragraph (1) or (2) shall— 

8 (A) identify the root causes of the cost or 

9 schedule growth; 

10 (B) identify appropriate acquisition per11 formance measures for the remainder of the pro12 gram; and 

13 (C) include one of the following: 

14 (i) A written certification (with a sup15 porting explanation) stating that— 

16 (I) such program is essential to 

17 national security; 

18 (II) there are no alternatives to 

19 such program that will provide accept20 able military capability at less cost; 

21 (III) new estimates of the cost or 

22 schedule, as appropriate, are reason23 able; and 


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1 (IV) the management structure for 

2 the program is adequate to manage 

3 and control program cost and schedule. 

4 (ii) A plan for terminating the devel5 opment of the program or withdrawal of 

6 Milestone A approval (or Key Decision 

7 Point A approval in the case of a space pro8 gram) if the Milestone Decision Authority 

9 determines that such action is in the inter10 est of national defense. 

11 (4) TIME OF SUBMISSION.—A report required by 

12 this subsection shall be submitted— 

13 (A) in the case of a report required by 

14 paragraph (1), not later than 30 days after the 

15 Milestone Decision Authority determines the cost 

16 growth or schedule delay described in that para17 graph; and 

18 (B) in the case of a report required by 

19 paragraph (2), not later than 30 days after the 

20 Milestone Decision Authority receives the notifi21 cation from the program manager described in 

22 that paragraph. 

23 (d) DEFINITIONS.—In this section: 


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1 (1) MAJOR DEFENSE ACQUISITION PROGRAM.— 

2 The term ‘‘major defense acquisition program’’ means 

3 the following: 

4 (A) A major defense acquisition program as 

5 that term is defined in section 2430 of title 10, 

6 United States Code. 

7 (B) An acquisition program of the Depart8 ment of Defense that the Secretary of Defense ex9 pects to become a major defense acquisition pro10 gram (as defined in such section 2430) upon 

11 Milestone B approval, on the basis of the cost es12 timate submitted in accordance with subsection 

13 (a)(4) of this section or subsection (a)(4) of sec14 tion 2366a of title 10, United States Code. 

15 (2) INITIAL CAPABILITIES DOCUMENT.—The term 

16 ‘‘initial capabilities document’’ has the meaning pro17 vided by section 2366a (c)(2) of such title. 

18 (3) ENTITY.—The term ‘‘entity’’ has the meaning 

19 provided by section 2366a(c)(4) of such title. 

20 (4) MILESTONE B APPROVAL.—The term ‘‘Mile21 stone B approval’’ has the meaning provided by sec22 tion 2366(e)(7) of such title. 


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1 SEC. 204. CRITICAL COST GROWTH IN MAJOR DEFENSE AC2 QUISITION PROGRAMS. 

3 (a) AUTHORIZED ACTIONS IN EVENT OF CRITICAL

4 COST GROWTH.—Paragraph (2) of section 2433(e) of title 

5 10, United States Code, is amended to read as follows: 

6 ‘‘(2)(A) If the program acquisition unit cost or pro7 curement unit cost of a major defense acquisition program 

8 or designated major subprogram (as determined by the Sec9 retary under subsection (d)) increases by a percentage equal 

10 to or greater than the critical cost growth threshold for the 

11 program or subprogram, the Secretary of Defense, after con12 sultation with the Joint Requirements Oversight Council re13 garding program requirements, shall— 

14 ‘‘(i) determine the root cause or causes of the 

15 critical cost growth including the role, if any, of— 

16 ‘‘(I) changes or growth in requirements; 

17 ‘‘(II) unrealistic baseline estimates; 

18 ‘‘(III) any design, engineering, manufac19 turing, or technology integration issues; 

20 ‘‘(IV) changes in procurement quantities; 

21 ‘‘(V) inadequate program funding or fund22 ing instability; 

23 ‘‘(VI) poor performance by government or 

24 contractor personnel responsible for program 

25 management; or 


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1 ‘‘(VII) other causes as identified by the Sec2 retary; 

3 ‘‘(ii) subject to subparagraph (B), determine 

4 whether to terminate such program or to restructure 

5 such program after assessing— 

6 ‘‘(I) the root causes of cost growth identified 

7 pursuant to subparagraph (A); 

8 ‘‘(II) the validity and urgency of the joint 

9 military requirement; 

10 ‘‘(III) the viability of the acquisition strat11 egy; 

12 ‘‘(IV) the quality of program management; 

13 ‘‘(V) a broad range of potential material 

14 and non-material alternatives to such program; 

15 and 

16 ‘‘(VI) the need to reduce funding for other 

17 programs due to the cost growth on such pro18 gram; 

19 ‘‘(iii) submit the determination made under 

20 clause (ii) to Congress, before the end of the 60-day 

21 period beginning on the day the Selected Acquisition 

22 Report containing the information described in sub23 section (g) is required to be submitted under section 

24 2432(f) of this title; and 


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1 ‘‘(iv) if a report under paragraph (1) has been 

2 previously submitted to Congress with respect to such 

3 program or subprogram for the current fiscal year but 

4 was based upon a different unit cost report from the 

5 program manager to the service acquisition executive 

6 designated by the Secretary concerned, submit a fur7 ther report containing the information described in 

8 subsection (g), determined from the time of the pre9 vious report to the time of the current report. 

10 ‘‘(B) A program may be restructured pursuant to a 

11 determination under subparagraph (A)(ii) only if— 

12 ‘‘(i) a written certification (with a supporting 

13 explanation) is submitted along with the determina14 tion stating that— 

15 ‘‘(I) such program is essential to national 

16 security; 

17 ‘‘(II) there are no alternatives to such pro18 gram which will provide acceptable military ca19 pability at less cost; 

20 ‘‘(III) new estimates of the program acqui21 sition unit cost or procurement unit cost are rea22 sonable; 

23 ‘‘(IV) the program is a higher priority than 

24 programs whose funding must be reduced to ac25 commodate cost growth on such program; and 


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1 ‘‘(V) the management structure for the pro2 gram is adequate to manage and control pro3 gram acquisition unit cost or procurement unit 

4 cost; and 

5 ‘‘(ii) the most recent milestone decision is revis6 ited and results in the approval of such restructured 

7 program.’’. 

8 (b) TOTAL EXPENDITURE FOR PROCUREMENT RE9 SULTING IN TREATMENT AS MAJOR DEFENSE ACQUISITION

10 PROGRAM.—Section 2430(a)(2) of such title is amended by 

11 inserting ‘‘, including all planned increments or spirals,’’ 

12 after ‘‘an eventual total expenditure for procurement’’. 

13 (c) REQUIREMENT TO INCLUDE COST GROWTH FUND14 ING CHANGES IN REPORT.—When a program is restruc15 tured under paragraph (2) of section 2433(e) of title 10, 

16 United States Code, the next Selected Acquisition Report 

17 for such program submitted pursuant to section 2432 of 

18 such title occurring after the submission of the budget for 

19 the fiscal year following the fiscal year in which the pro20 gram was restructured shall contain a description of all 

21 funding changes included in the budget for that fiscal year 

22 as a result of the cost growth on such program, including 

23 reductions made in the budgets of other programs to accom24 modate such cost growth. 


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1 (d) CONFORMING AMENDMENTS.—Section 2433(e)(3) 

2 of such title is amended— 

3 (1) in subparagraph (A), by striking ‘‘or (2)(B)’’ 

4 and inserting ‘‘or (2)(A)(iii)’’; and 

5 (2) in subparagraph (B)— 

6 (A) by striking ‘‘or (2)(B)’’ and inserting 

7 ‘‘or (2)(A)(iii)’’; and 

8 (B) by striking ‘‘paragraph (2)(A)’’ and in9 serting ‘‘paragraph (2)(B)’’. 

10 SEC. 205. ORGANIZATIONAL CONFLICTS OF INTEREST IN 

11 THE ACQUISITION OF MAJOR WEAPON SYS12 TEMS. 

13 (a) REQUIREMENT FOR PANEL TO PRESENT REC14 OMMENDATIONS.—Not later than one year after the date of 

15 the enactment of this Act, the Panel on Contracting Integ16 rity established pursuant to section 813 of the John Warner 

17 National Defense Authorization Act for Fiscal Year 2007 

18 (Public Law 109–364; 120 Stat. 2320) shall present rec19 ommendations to the Secretary of Defense on measures to 

20 eliminate or mitigate organizational conflicts of interest in 

21 the acquisition of major weapons systems. 

22 (b) REVISED REGULATIONS REQUIRED.—Not later 

23 than 180 days after receiving recommendations pursuant 

24 to subsection (a), the Secretary of Defense shall revise the 

25 Defense Supplement to the Federal Acquisition Regulation 


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1 to address organizational conflicts of interest by contractors 

2 in the acquisition of major weapon systems. 

3 (c) POTENTIAL ORGANIZATIONAL CONFLICTS OF IN4 TEREST.—The organizational conflicts of interest consid5 ered during the preparation of the recommendations re6 quired pursuant to subsection (a) shall include conflicts 

7 that could arise as a result of any of the following: 

8 (1) Lead system integrator contracts on major 

9 defense acquisition programs and contracts that fol10 low lead system integrator contracts on such pro11 grams, particularly contracts for production. 

12 (2) The ownership of business units performing 

13 systems engineering and technical assistance func14 tions, professional services, or management support 

15 services in relation to major defense acquisition pro16 grams by contractors who simultaneously own busi17 ness units competing to perform as either the prime 

18 contractor or the supplier of a major subsystem or 

19 component for such programs. 

20 (3) The award of major subsystem contracts by 

21 a prime contractor for a major defense acquisition 

22 program to business units or other affiliates of the 

23 same parent corporate entity, and particularly the 

24 award of subcontracts for software integration or the 


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1 development of a proprietary software system archi2 tecture. 

3 (4) The performance by, or assistance of, con4 tractors in technical evaluations on major defense ac5 quisition programs. 

6 (d) EXTENSION OF PANEL ON CONTRACTING INTEG7 RITY.—Subsection (e) of section 813 of the John Warner 

8 National Defense Authorization Act for Fiscal Year 2007 

9 (Public Law 109–364; 120 Stat. 2321) is amended to read 

10 as follows: 

11 ‘‘(e) TERMINATION.—(1) Subject to the restriction in 

12 paragraph (2), the panel shall continue to serve until the 

13 date that is 18 months after the date on which the Secretary 

14 of Defense notifies the congressional defense committees of 

15 an intention to terminate the panel based on a determina16 tion that the activities of the panel no longer justify its con17 tinuation and that concerns about contracting integrity 

18 have been fully mitigated. 

19 ‘‘(2) The panel shall continue to serve at least until 

20 December 31, 2011.’’. 

21 SEC. 206. AWARDS FOR DEPARTMENT OF DEFENSE PER22 SONNEL FOR EXCELLENCE IN THE ACQUISI23 TION OF PRODUCTS AND SERVICES. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of the enactment of this Act, the Secretary of Defense 


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1 shall commence carrying out a program to recognize excel2 lent performance by individuals and teams of members of 

3 the Armed Forces and civilian personnel of the Department 

4 of Defense in the acquisition of products and services for 

5 the Department of Defense. 

6 (b) ELEMENTS.—The program required by subsection 

7 (a) shall include the following: 

8 (1) Procedures for the nomination by the per9 sonnel of the military departments and the Defense 

10 Agencies of individuals and teams of members of the 

11 Armed Forces and civilian personnel of the Depart12 ment of Defense for eligibility for recognition under 

13 the program. 

14 (2) Procedures for the evaluation of nominations 

15 for recognition under the program by one or more 

16 panels of individuals from the Government, academia, 

17 and the private sector who have such expertise, and 

18 are appointed in such manner, as the Secretary shall 

19 establish for purposes of the program. 

20 (c) AWARD OF CASH BONUSES.—As part of the pro21 gram required by subsection (a), the Secretary may award 

22 to any individual recognized pursuant to the program a 

23 cash bonus authorized by any other provision of law to the 

24 extent that the performance of such individual so recognized 


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1 warrants the award of such bonus under such provision of 

2 law. 

3 SEC. 207. CONSIDERATION OF TRADE-OFFS AMONG COST, 

4 SCHEDULE, AND PERFORMANCE IN THE AC5 QUISITION OF MAJOR WEAPON SYSTEMS. 

6 (a) REVIEW OF MECHANISMS FOR CONSIDERING

7 TRADE-OFFS.—The Comptroller General shall review the 

8 use by the Department of Defense of certain mechanisms 

9 for considering trade-offs among cost, schedule, and per10 formance in the acquisition of major weapon systems. 

11 (b) MECHANISMS INCLUDED.—The mechanisms re12 viewed pursuant to subsection (a) shall include— 

13 (1) the Tri-Chair Committee, as defined in sec14 tion 817 of the National Defense Authorization Act 

15 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

16 225); 

17 (2) Configuration Steering Boards as established 

18 pursuant to section 814 of the Duncan Hunter Na19 tional Defense Authorization Act for Fiscal Year 2009 

20 (Public Law 110–417; 122 Stat. 4528); 

21 (3) any mechanism that is used or that may po22 tentially be used by the Office of the Under Secretary 

23 of Defense (Comptroller) for considering trade-offs 

24 among cost, schedule, and performance in the acquisi25 tion of major weapon systems; and 


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1 (4) any other mechanisms identified as allowing 

2 for the consideration of trade-offs in the report on in3 vestment strategies for major defense acquisition pro4 grams required by section 817 of the National Defense 

5 Authorization Act for Fiscal Year 2008 (Public Law 

6 110–181). 

7 (c) ASSESSMENT OF MECHANISMS.—The review shall 

8 describe and evaluate the effectiveness of the mechanisms 

9 identified in subsection (b). 

10 (d) REPORT.—Not later than one year after the date 

11 of the enactment of this Act, the Comptroller General shall 

12 submit to the congressional defense committees a report on 

13 the review and assessment performed pursuant to this sec14 tion. The report shall include such recommendations as the 

15 Comptroller General considers appropriate on the matters 

16 reviewed, including recommendations to improve the effec17 tiveness of the mechanisms included in the report. 


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Union Calendar No. 47 

111TH CONGRESS 

1ST SESSION H. R. 2101 

[Report No. 111–101] 

A BILL 

To promote reform and independence in the overpartment of Defense. sight of weapons system acquisition by the DeMAY 12, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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