H. R. 5122—260
(5) EFFECTIVE DATE.—The regulations prescribed under this 
subsection shall apply to contracts awarded for or on behalf 
of the Department of Defense on or after May 1, 2007. 
SEC. 853. PROGRAM MANAGER EMPOWERMENT AND ACCOUNTABILITY. 
(a) STRATEGY.—The Secretary of Defense shall develop a com-
prehensive strategy for enhancing the role of Department of Defense 
program managers in developing and carrying out defense acquisi-
tion programs. 
(b) MATTERS TO BE ADDRESSED.—The strategy required by this 
section shall address, at a minimum—
(1) enhanced training and educational opportunities for 
program managers; 
(2) increased emphasis on the mentoring of current and 
future program managers by experienced senior executives and 
program managers within the Department; 
(3) improved career paths and career opportunities for pro-
gram managers; 
(4) additional incentives for the recruitment and retention 
of highly qualified individuals to serve as program managers; 
(5) improved resources and support (including systems 
engineering expertise, cost estimating expertise, and software 
development expertise) for program managers; 
(6) improved means of collecting and disseminating best 
practices and lessons learned to enhance program management 
throughout the Department; 
(7) common templates and tools to support improved data 
gathering and analysis for program management and oversight 
purposes; 
(8) increased accountability of program managers for the 
results of defense acquisition programs; and 
(9) enhanced monetary and nonmonetary awards for 
successful accomplishment of program objectives by program 
managers. 
(c) GUIDANCE ON TENURE AND ACCOUNTABILITY OF PROGRAM 
MANAGERS BEFORE MILESTONE B.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall revise Department of Defense guidance for major defense 
acquisition programs to address the qualifications, resources, 
responsibilities, tenure, and accountability of program managers 
for the program development period (before Milestone B approval 
(or Key Decision Point B approval in the case of a space program)). 
(d) GUIDANCE ON TENURE AND ACCOUNTABILITY OF PROGRAM 
MANAGERS AFTER MILESTONE B.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Defense shall 
revise Department of Defense guidance for major defense acquisition 
programs to address the qualifications, resources, responsibilities, 
tenure and accountability of program managers for the program 
execution period (from Milestone B approval (or Key Decision Point 
B approval in the case of a space program) until the delivery 
of the first production units of a program). The guidance issued 
pursuant to this subsection shall address, at a minimum—
(1) the need for a performance agreement between a pro-
gram manager and the milestone decision authority for the 
program, setting forth expected parameters for cost, schedule, 
and performance, and appropriate commitments by the program
H. R. 5122—261
manager and the milestone decision authority to ensure that 
such parameters are met; 
(2) authorities available to the program manager, including, 
to the extent appropriate, the authority to object to the addition 
of new program requirements that would be inconsistent with 
the parameters established at Milestone B (or Key Decision 
Point B in the case of a space program) and reflected in the 
performance agreement; and 
(3) the extent to which a program manager for such period 
should continue in the position without interruption until the 
delivery of the first production units of the program. 
(e) REPORTS.—
(1) REPORT BY SECRETARY OF DEFENSE.—Not later than 
270 days after the date of enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the strategy developed pursuant to subsection (a) 
and the guidance issued pursuant to subsections (b) and (c). 
(2) REPORT
BY
COMPTROLLER
GENERAL.—Not later than 
one year after the date of enactment of this Act, the Comptroller 
General shall submit to the congressional defense committees 
a report on the actions taken by the Secretary of Defense 
to implement the requirements of this section. 
SEC. 854. JOINT POLICIES ON REQUIREMENTS DEFINITION, CONTIN-
GENCY PROGRAM MANAGEMENT, AND CONTINGENCY CON-
TRACTING. 
(a) IN GENERAL.—
(1) JOINT POLICY REQUIREMENT.—Chapter 137 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 2333. Joint policies on requirements definition, contin-
gency program management, and contingency 
contracting 
‘‘(a) JOINT POLICY REQUIREMENT.—The Secretary of Defense, 
in consultation with the Chairman of the Joint Chiefs of Staff, 
shall develop joint policies for requirements definition, contingency 
program management, and contingency contracting during combat 
operations and post-conflict operations. 
‘‘(b) REQUIREMENTS DEFINITION MATTERS COVERED.—The joint 
policy for requirements definition required by subsection (a) shall, 
at a minimum, provide for the following: 
‘‘(1) The assignment of a senior commissioned officer or 
civilian member of the senior executive service, with appro-
priate experience and qualifications related to the definition 
of requirements to be satisfied through acquisition contracts 
(such as for delivery of products or services, performance of 
work, or accomplishment of a project), to act as head of require-
ments definition and coordination during combat operations, 
post-conflict operations, and contingency operations, if required, 
including leading a requirements review board involving all 
organizations concerned. 
‘‘(2) An organizational approach to requirements definition 
and coordination during combat operations, post-conflict oper-
ations, and contingency operations that is designed to ensure 
that requirements are defined in a way that effectively imple-
ments United States Government and Department of Defense
H. R. 5122—262
objectives, policies, and decisions regarding the allocation of 
resources, coordination of interagency efforts in the theater 
of operations, and alignment of requirements with the proper 
use of funds. 
‘‘(c) CONTINGENCY
PROGRAM
MANAGEMENT
MATTERS
COV-
ERED.—The joint policy for contingency program management 
required by subsection (a) shall, at a minimum, provide for the 
following: 
‘‘(1) The assignment of a senior commissioned officer or 
civilian member of the senior executive service, with appro-
priate program management experience and qualifications, to 
act as head of program management during combat operations, 
post-conflict operations, and contingency operations, including 
stabilization and reconstruction operations involving multiple 
United States Government agencies and international organiza-
tions, if required. 
‘‘(2) A preplanned organizational approach to program 
management during combat operations, post-conflict operations, 
and contingency operations that is designed to ensure that 
the Department of Defense is prepared to conduct such program 
management. 
‘‘(3) Identification of a deployable cadre of experts, with 
the appropriate tools and authority, and trained in processes 
under paragraph (6). 
‘‘(4) Utilization of the hiring and appointment authorities 
necessary for the rapid deployment of personnel to ensure the 
availability of key personnel for sufficient lengths of time to 
provide for continuing program and project management. 
‘‘(5) A requirement to provide training (including training 
under a program to be created by the Defense Acquisition 
University) to program management personnel in—
‘‘(A) the use of laws, regulations, policies, and directives 
related to program management in combat or contingency 
environments; 
‘‘(B) the integration of cost, schedule, and performance 
objectives into practical acquisition strategies aligned with 
available resources and subject to effective oversight; and 
‘‘(C) procedures of the Department of Defense related 
to funding mechanisms and contingency contract manage-
ment. 
‘‘(6) Appropriate steps to ensure that training is maintained 
for such personnel even when they are not deployed in a contin-
gency operation. 
‘‘(7) Such steps as may be needed to ensure jointness and 
cross-service coordination in the area of program management 
during contingency operations. 
‘‘(d) CONTINGENCY CONTRACTING MATTERS COVERED.—(1) The 
joint policy for contingency contracting required by subsection (a) 
shall, at a minimum, provide for the following: 
‘‘(A) The designation of a senior commissioned officer or 
civilian member of the senior executive service in each military 
department with the responsibility for administering the policy. 
‘‘(B) The assignment of a senior commissioned officer with 
appropriate acquisition experience and qualifications to act as 
head of contingency contracting during combat operations, post-
conflict operations, and contingency operations, who shall report
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directly to the commander of the combatant command in whose 
area of responsibility the operations occur. 
‘‘(C) A sourcing approach to contingency contracting that 
is designed to ensure that each military department is prepared 
to conduct contingency contracting during combat operations, 
post-conflict operations, and contingency operations, including 
stabilization and reconstruction operations involving inter-
agency organizations, if required. 
‘‘(D) A requirement to provide training (including training 
under a program to be created by the Defense Acquisition 
University) to contingency contracting personnel in—
‘‘(i) the use of law, regulations, policies, and directives 
related to contingency contracting operations; 
‘‘(ii) the appropriate use of rapid acquisition methods, 
including the use of exceptions to competition requirements 
under section 2304 of this title, sealed bidding, letter con-
tracts, indefinite delivery indefinite quantity task orders, 
set asides under section 8(a) of the Small Business Act 
(15 U.S.C. 637(a)), undefinitized contract actions, and other 
tools available to expedite the delivery of goods and services 
during combat operations or post-conflict operations; 
‘‘(iii) the appropriate use of rapid acquisition authority, 
commanders’ emergency response program funds, and other 
tools unique to contingency contracting; and 
‘‘(iv) instruction on the necessity for the prompt transi-
tion from the use of rapid acquisition authority to the 
use of full and open competition and other methods of 
contracting that maximize transparency in the acquisition 
process. 
‘‘(E) Appropriate steps to ensure that training is maintained 
for such personnel even when they are not deployed in a contin-
gency operation. 
‘‘(F) Such steps as may be needed to ensure jointness 
and cross-service coordination in the area of contingency con-
tracting. 
‘‘(2) To the extent practicable, the joint policy for contingency 
contracting required by subsection (a) should be taken into account 
in the development of interagency plans for stabilization and 
reconstruction operations, consistent with the report submitted by 
the President under section 1035 of this Act on interagency oper-
ating procedures for the planning and conduct of stabilization and 
reconstruction operations. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CONTINGENCY
CONTRACTING
PERSONNEL.—The term 
‘contingency contracting personnel’ means members of the 
armed forces and civilian employees of the Department of 
Defense who are members of the defense acquisition workforce 
and, as part of their duties, are assigned to provide support 
to contingency operations (whether deployed or not). 
‘‘(2) CONTINGENCY CONTRACTING.—The term ‘contingency 
contracting’ means all stages of the process of acquiring prop-
erty or services by the Department of Defense during a contin-
gency operation. 
‘‘(3) CONTINGENCY
OPERATION.—The term ‘contingency 
operation’ has the meaning provided in section 101(13) of this 
title.