I 
111TH CONGRESS 
1ST SESSION H. R. 1830 
To improve the organization and procedures of the Department of Defense 
for the acquisition of major weapon systems, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 31, 2009 
Mrs. TAUSCHER (for herself and Mr. SPRATT) introduced the following bill; 
which was referred to the Committee on Armed Services 
A BILL 
To improve the organization and procedures of the Depart-
ment of Defense for the acquisition of major weapon 
systems, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Weapon Systems Acquisition Reform Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Congressional defense committees. 
TITLE I—ACQUISITION ORGANIZATION 
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Sec. 101. Reports on systems engineering capabilities of the Department of De-
fense. 
Sec. 102. Director of Developmental Test and Evaluation. 
Sec. 103. Assessment of technological maturity of critical technologies of major 
defense acquisition programs by the Director of Defense Re-
search and Engineering. 
Sec. 104. Director of Independent Cost Assessment. 
Sec. 105. Role of the commanders of the combatant commands in identifying 
joint military requirements. 
TITLE II—ACQUISITION POLICY 
Sec. 201. Consideration of trade-offs among cost, schedule, and performance in 
the acquisition of major weapon systems. 
Sec. 202. Preliminary design review for major defense acquisition programs. 
Sec. 203. Maximization of competition throughout the life cycle of major de-
fense acquisition programs. 
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 ac-
quisition of products and services. 
SEC. 2. CONGRESSIONAL DEFENSE COMMITTEES. 
In this Act, the term ‘‘congressional defense commit-
tees’’ has the meaning given that term in section 
101(a)(16) of title 10, United States Code. 
TITLE I—ACQUISITION 
ORGANIZATION 
SEC. 101. REPORTS ON SYSTEMS ENGINEERING CAPABILI-
TIES OF THE DEPARTMENT OF DEFENSE. 
(a) REPORTS
BY SERVICE ACQUISITION EXECU-
TIVES.—Not later than 180 days after the date of the en-
actment of this Act, the service acquisition executive of 
each military department shall submit to the Under Sec-
retary of Defense for Acquisition, Technology, and Logis-
tics a report setting forth the following: 
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(1) A description of the extent to which such 
military department has in place development plan-
ning organizations and processes staffed by adequate 
numbers of personnel with appropriate training and 
expertise to ensure that— 
(A) key requirements, acquisition, and 
budget decisions made for each major weapon 
system prior to Milestones A and B are sup-
ported by a rigorous systems analysis and sys-
tems engineering process; 
(B) the systems engineering strategy for 
each major weapon system includes a robust 
program for improving reliability, availability, 
and maintainability as an integral part of de-
sign and development; and 
(C) systems engineering requirements, in-
cluding reliability, availability, and maintain-
ability requirements, are identified during the 
Joint Capabilities Integration Development Sys-
tem process and incorporated into contract re-
quirements for each major weapon system. 
(2) A description of the actions that such mili-
tary department has taken, or plans to take, to— 
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(A) establish needed development planning 
and systems engineering organizations and 
processes; and 
(B) attract, develop, retain, and reward 
systems engineers with appropriate levels of 
hands-on experience and technical expertise to 
meet the needs of such military department. 
(b) REPORT BY UNDER SECRETARY OF DEFENSE 
FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS.—Not 
later than 270 days after the date of the enactment of 
this Act, the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the Committee 
on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives a report 
on the system engineering capabilities of the Department 
of Defense. The report shall include, at a minimum, the 
following: 
(1) An assessment by the Under Secretary of 
the reports submitted by the service acquisition ex-
ecutives pursuant to subsection (a) and of the ade-
quacy of the actions that each military department 
has taken, or plans to take, to meet the systems en-
gineering and development planning needs of such 
military department. 
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(2) An assessment of each of the recommenda-
tions of the report on Pre-Milestone A and Early- 
Phase Systems Engineering of the Air Force Studies 
Board of the National Research Council, including 
the recommended checklist of systems engineering 
issues to be addressed prior to Milestones A and B, 
and the extent to which such recommendations 
should be implemented throughout the Department 
of Defense. 
SEC. 102. DIRECTOR OF DEVELOPMENTAL TEST AND EVAL-
UATION. 
(a) ESTABLISHMENT OF POSITION.— 
(1) IN GENERAL.—Chapter 4 of title 10, United 
States Code, is amended by inserting after section 
139b the following new section: 
‘‘§ 139c. Director of Developmental Test and Evalua-
tion 
‘‘(a) There is a Director of Developmental Test and 
Evaluation, who shall be appointed by the Secretary of De-
fense from among individuals with an expertise in acquisi-
tion and testing. 
‘‘(b)(1) The Director of Developmental Test and 
Evaluation shall be the principal advisor to the Secretary 
of Defense and the Under Secretary of Defense for Acqui-
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sition, Technology, and Logistics on developmental test 
and evaluation in the Department of Defense. 
‘‘(2) The Director shall be subject to the supervision 
of the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics and shall report to the Under Sec-
retary. 
‘‘(c) The Director of Developmental Test and Evalua-
tion shall— 
‘‘(1) develop policies and guidance for the devel-
opmental test and evaluation activities of the De-
partment of Defense; 
‘‘(2) monitor and review the developmental test 
and evaluation activities of the Department of De-
fense; 
‘‘(3) review and approve the test and evaluation 
master plan for each major defense acquisition pro-
gram of the Department of Defense; 
‘‘(4) supervise the activities of the Director of 
the Department of Defense Test Resource Manage-
ment Center under section 196 of this title; 
‘‘(5) review the organizations and capabilities of 
the military departments with respect to develop-
mental test and evaluation and identify needed 
changes or improvements to such organizations and 
capabilities; and 
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nology, and Logistics and the Director of Develop-
mental Test and Evaluation.’’. 
(b) REPORTS ON DEVELOPMENTAL TESTING ORGA-
NIZATIONS AND PERSONNEL.— 
(1) REPORTS BY SERVICE ACQUISITION EXECU-
TIVES.—Not later than 180 days after the date of 
the enactment of this Act, the service acquisition ex-
ecutive of each military department shall submit to 
the Director of Developmental Test and Evaluation 
a report on the extent to which the test organiza-
tions of such military department have in place, or 
have effective plans to develop, adequate numbers of 
personnel with appropriate expertise for each pur-
pose as follows: 
(A) To ensure that testing requirements 
are appropriately addressed in the translation 
of operational requirements into contract speci-
fications, in the source selection process, and in 
the preparation of requests for proposals on all 
major defense acquisition programs. 
(B) To participate in the planning of de-
velopmental test and evaluation activities, in-
cluding the preparation and approval of a test 
and evaluation master plan for each major de-
fense acquisition program. 
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(C) To participate in and oversee the con-
duct of developmental testing, the analysis of 
data, and the preparation of evaluations and re-
ports based on such testing. 
(2) FIRST ANNUAL REPORT BY DIRECTOR OF 
DEVELOPMENTAL
TEST
AND
EVALUATION.—The 
first annual report submitted to Congress by the Di-
rector of Developmental Test and Evaluation under 
section 139c(e) of title 10, United States Code (as 
added by subsection (a)), shall be submitted not 
later than one year after the date of the enactment 
of this Act, and shall include an assessment by the 
Director of the reports submitted by the service ac-
quisition executives to the Director under paragraph 
(1). 
SEC. 103. ASSESSMENT OF TECHNOLOGICAL MATURITY OF 
CRITICAL TECHNOLOGIES OF MAJOR DE-
FENSE ACQUISITION PROGRAMS BY THE DI-
RECTOR OF DEFENSE RESEARCH AND ENGI-
NEERING. 
(a) ASSESSMENT BY DIRECTOR OF DEFENSE RE-
SEARCH AND ENGINEERING.— 
(1) IN
GENERAL.—Section 139a of title 10, 
United States Code, is amended by adding at the 
end the following new subsection: 
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‘‘(c)(1) The Director of Defense Research and Engi-
neering shall periodically review and assess the techno-
logical maturity and integration risk of critical tech-
nologies of the major defense acquisition programs of the 
Department of Defense and report on the findings of such 
reviews and assessments to the Under Secretary of De-
fense for Acquisition, Technology, and Logistics. 
‘‘(2) The Director shall submit to the Secretary of 
Defense and to Congress each year a report on the techno-
logical maturity and integration risk of critical tech-
nologies of the major defense acquisition programs of the 
Department of Defense.’’. 
(2) FIRST ANNUAL REPORT.—The first annual 
report under subsection (c)(2) of section 139a of 
title 10, United States Code (as added by paragraph 
(1)), shall be submitted to Congress not later than 
March 1, 2011, and shall address the results of re-
views and assessments conducted by the Director of 
Defense Research and Engineering pursuant to sub-
section (c)(1) of such section (as so added) during 
the preceding calendar year. 
(b) REPORT
ON RESOURCES
FOR IMPLEMENTA-
TION.—Not later than 120 days after the date of the en-
actment of this Act, the Director of Defense Research and 
Engineering shall submit to the congressional defense 
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committees a report describing any additional resources 
that may be required by the Director, and by other science 
and technology elements of the Department of Defense, 
to carry out the following: 
(1) The requirements under the amendment 
made by subsection (a). 
(2) The technological maturity assessments re-
quired by section 2366b(a) of title 10, United States 
Code, as amended by section 202 of this Act. 
(3) The requirements of Department of Defense 
Instruction 5000, as revised. 
SEC. 104. DIRECTOR OF INDEPENDENT COST ASSESSMENT. 
(a) DIRECTOR
OF INDEPENDENT COST ASSESS-
MENT.— 
(1) IN GENERAL.—Chapter 4 of title 10, United 
States Code, as amended by section 102 of this Act, 
is further amended by inserting after section 139c 
the following new section: 
‘‘§ 139d. Director of Independent Cost Assessment 
‘‘(a) There is a Director of Independent Cost Assess-
ment in the Department of Defense, appointed by the 
President, by and with the advice and consent of the Sen-
ate. The Director shall be appointed without regard to po-
litical affiliation and solely on the basis of fitness to per-
form the duties of the Director. 
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‘‘(b) The Director is the principal advisor to the Sec-
retary of Defense, the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics, and the Under Sec-
retary of Defense (Comptroller) on cost estimation and 
cost analyses for the acquisition programs of the Depart-
ment of Defense and the principal cost estimation official 
within the senior management of the Department of De-
fense. The Director shall— 
‘‘(1) prescribe, by authority of the Secretary of 
Defense, policies and procedures for the conduct of 
cost estimation and cost analysis for the acquisition 
programs of the Department of Defense; 
‘‘(2) provide guidance to and consult with the 
Secretary of Defense, the Under Secretary of De-
fense for Acquisition, Technology, and Logistics, the 
Under Secretary of Defense (Comptroller), and the 
Secretaries of the military departments with respect 
to cost estimation in the Department of Defense in 
general and with respect to specific cost estimates 
and cost analyses to be conducted in connection with 
a major defense acquisition program under chapter 
144 of this title or a major automated information 
system program under chapter 144A of this title; 
‘‘(3) establish guidance on confidence levels for 
cost estimates on major defense acquisition pro-
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grams and require the disclosure of all such con-
fidence levels; 
‘‘(4) monitor and review all cost estimates and 
cost analyses conducted in connection with major de-
fense acquisition programs and major automated in-
formation system programs; and 
‘‘(5) conduct independent cost estimates and 
cost analyses for major defense acquisition programs 
and major automated information system pro-
grams— 
‘‘(A) in advance of— 
‘‘(i) any certification under section 
2366a or 2366b of this title; 
‘‘(ii) any certification under section 
2433(e)(2) of this title; and 
‘‘(iii) 
any 
report 
under 
section 
2445c(f) of this title; and 
‘‘(B) whenever necessary to ensure that an 
estimate or analysis under paragraph (4) is un-
biased, fair, and reliable. 
‘‘(c)(1) The Director may communicate views on mat-
ters within the responsibility of the Director directly to 
the Secretary of Defense and the Deputy Secretary of De-
fense without obtaining the approval or concurrence of any 
other official within the Department of Defense. 
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