942 
HR 5136 PCS1S 
priately tailored pursuant to subsection (a)(3) and may 
include measures of— 
‘‘(A) cost, quality, and delivery; 
‘‘(B) contractor performance, including compli-
ance with the Department of Defense policy regard-
ing the participation of small business concerns 
owned and controlled by socially and economically 
disadvantaged individuals, veteran-owned small busi-
nesses, service-disabled, veteran-owned small busi-
nesses, and women-owned small businesses; 
‘‘(C) excessive use of contract bundling and 
availability of non-bundled contract vehicles; 
‘‘(D) workforce quality and program manager 
tenure (where applicable); 
‘‘(E) the quality of market research; 
‘‘(F) appropriate use of integrated testing; 
‘‘(G) appropriate consideration of long-term 
sustainment and energy efficiency; and 
‘‘(H) appropriate acquisition of technical data 
and other rights and assets necessary to support 
long-term sustainment. 
‘‘(2) Each service acquisition executive within the De-
partment of Defense shall establish goals and standards 
(including, at a minimum, a threshold standard and an 
objective goal) for each metric established under para-
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00942
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
943 
HR 5136 PCS1S 
graph (1) by the executive. In establishing the goals and 
standards for an element of the defense acquisition sys-
tem, a service acquisition executive shall consult with the 
head of the element to the maximum extent practicable, 
but the service acquisition executive shall retain the final 
authority to determine the goals and standards estab-
lished. The service acquisition executive shall update the 
goals and standards as necessary and appropriate con-
sistent with the guidance issued under subsection (b)(2). 
‘‘(3) The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall periodically review the 
metrics, goals, and standards established by service acqui-
sition executives under this subsection to ensure that they 
are consistent with the guidance issued under subsection 
(b)(2). 
‘‘(d) RESPONSIBILITY FOR OVERSIGHT AND DIREC-
TION
OF PERFORMANCE ASSESSMENTS.—(1) Perform-
ance assessments required by subsection (a) shall either 
be carried out by, or shall be subject to the oversight of, 
the Director of the Office of Performance Assessment and 
Root Cause Analysis. The authority and responsibility 
granted by this subsection is in addition to any other au-
thority or responsibility granted to the Director of the Of-
fice of Performance Assessment and Root Cause Analysis 
by the Secretary of Defense or by any other provision of 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00943
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
944 
HR 5136 PCS1S 
law. In the performance of duties pursuant to this section, 
the Director of the Office of Performance Assessment and 
Root Cause Analysis shall coordinate with the Deputy 
Chief Management Officer to ensure that performance as-
sessments carried out pursuant to this section are con-
sistent with the performance management initiatives of 
the Department of Defense. 
‘‘(2) A performance assessment may be carried out 
by an organization under the control of the service acquisi-
tion executive of a military department if— 
‘‘(A) the assessment fulfills the requirements of 
subsection (a); 
‘‘(B) the organization is approved to carry out 
the assessment by the Director of the Office of Per-
formance Assessment and Root Cause Analysis; and 
‘‘(C) the assessment is subject to the oversight 
of the Director of the Office of Performance Assess-
ment and Root Cause Analysis in accordance with 
paragraph (1). 
‘‘(e) RETENTION AND ACCESS TO RECORDS OF PER-
FORMANCE ASSESSMENTS WITHIN THE MILITARY DE-
PARTMENTS AND DEFENSE AGENCIES.—The Secretary of 
Defense shall ensure that information from performance 
assessments of all elements of the defense acquisition sys-
tem are retained electronically and that the Director of 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00944
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
945 
HR 5136 PCS1S 
the Office of Performance Assessment and Root Cause 
Analysis— 
‘‘(1) promptly receives the results of all per-
formance assessments conducted by an organization 
under the control of the service acquisition executive 
of a military department; and 
‘‘(2) has timely access to any records and data 
in the Department of Defense (including the records 
and data of each military department and Defense 
Agency and including classified and proprietary in-
formation) that the Director considers necessary to 
review in order to perform or oversee performance 
assessments pursuant to this section. 
‘‘(f) INCLUSION IN ANNUAL REPORT.—The Director 
of the Office of Performance Assessment and Root Cause 
Analysis shall include information on the activities under-
taken by the Director under this section in the annual re-
port of the Director required under section 103(f) of the 
Weapon Systems Acquisition Reform Act of 2009 (Public 
Law 111–23; 123 Stat. 1716), including information on 
any performance assessment required by subsection (a) 
with significant findings. In addition, if a performance as-
sessment uncovers particularly egregious problems, as 
identified by the Director, the Director shall submit to the 
Committees on Armed Services of the Senate and the 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00945
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
946 
HR 5136 PCS1S 
House of Representatives a report on such problems with-
in 30 days after the problems are identified. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘defense acquisition system’ 
means the acquisition workforce; the process by 
which the Department of Defense manages the ac-
quisition of goods and services, including weapon 
systems, commodities, commercial and military 
unique services, and information technology; and the 
management structure for carrying out the acquisi-
tion function within the Department of Defense. 
‘‘(2) The term ‘element of the defense acquisi-
tion system’ means an organization that operates 
within the defense acquisition system and that fo-
cuses primarily on acquisition. 
‘‘(3) The term ‘metric’ means a specific meas-
ure that serves as a basis for comparison. 
‘‘(4) The term ‘threshold performance standard’ 
means the minimum acceptable level of performance 
in relation to a metric. 
‘‘(5) The term ‘objective performance goal’ 
means the most desired level of performance in rela-
tion to a metric. 
‘‘(6) The term ‘Office of Performance Assess-
ment and Root Cause Analysis’ means the office re-
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00946
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
947 
HR 5136 PCS1S 
porting to the senior official designated by the Sec-
retary of Defense under section 103(a) of the Weap-
on Systems Acquisition Reform Act of 2009 (Public 
Law 111–23, 10 U.S.C. 2430 note). 
‘‘§ 2546. Audits of performance assessments 
‘‘(a) AUDITS REQUIRED.—The Secretary of Defense 
shall ensure that the performance assessments of the de-
fense acquisition system required by section 2545 of this 
title are subject to periodic audits to determine the accu-
racy, reliability, and completeness of such assessments. 
‘‘(b) STANDARDS AND APPROACH.—In performing 
the audits required by subsection (a), the Secretary shall 
ensure that such audits— 
‘‘(1) comply with generally accepted government 
auditing standards issued by the Comptroller Gen-
eral; 
‘‘(2) use a risk-based approach to audit plan-
ning; and 
‘‘(3) appropriately account for issues associated 
with auditing assessments of activities occurring in 
a contingency operation. 
‘‘§ 2547. Use of performance assessments for man-
aging performance 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
ensure that the results of performance assessments are 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00947
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
948 
HR 5136 PCS1S 
used in the management of elements of the defense acqui-
sition system through direct linkages between the results 
of a performance assessment and the following: 
‘‘(1) The size of the bonus pool available to the 
workforce of an element of the defense acquisition 
system. 
‘‘(2) Rates of promotion in the workforce of an 
element of the defense acquisition system. 
‘‘(3) Awards for acquisition excellence. 
‘‘(4) The scope of work assigned to an element 
of the defense acquisition system. 
‘‘(b) ADDITIONAL REQUIREMENTS.—The Secretary 
of Defense shall ensure that actions taken to manage the 
acquisition workforce pursuant to subsection (a) are un-
dertaken in accordance with the requirements of sub-
sections (c) and (d) of section 1701a of this title. 
‘‘§ 2548. Acquisition-related functions of the Chiefs of 
Staff of the armed forces 
‘‘(a) ASSISTANCE.—The Secretary of Defense shall 
ensure, notwithstanding section 3014(c)(1)(A), section 
5014(c)(1)(A), and section 8014(c)(1)(A) of this title, that 
the Chief of Staff of the Army, the Chief of Naval Oper-
ations, the Chief of Staff of the Air Force, and the Com-
mandant of the Marine Corps assist the Secretary of the 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00948
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
949 
HR 5136 PCS1S 
military department concerned in the performance of the 
following acquisition-related functions of such department: 
‘‘(1) The development of requirements relating 
to the defense acquisition system. 
‘‘(2) The development of measures to control 
requirements creep in the defense acquisition sys-
tem. 
‘‘(3) The development of career paths in acqui-
sition for military personnel (as required by section 
1722a of this title). 
‘‘(4) The assignment and training of con-
tracting officer representatives when such represent-
atives are required to be members of the armed 
forces because of the nature of the contract con-
cerned. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘requirements creep’ means the 
addition of new technical or operational specifica-
tions after a requirements document is approved. 
‘‘(2) The term ‘requirements document’ means 
a document produced in the requirements process 
that is provided for an acquisition program to guide 
the subsequent development, production, and testing 
of the program and that— 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00949
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
950 
HR 5136 PCS1S 
‘‘(A) justifies the need for a materiel ap-
proach, or an approach that is a combination of 
materiel and non-materiel, to satisfy one or 
more specific capability gaps; 
‘‘(B) details the information necessary to 
develop an increment of militarily useful, 
logistically supportable, and technically mature 
capability, including key performance param-
eters; or 
‘‘(C) identifies production attributes re-
quired for a single increment of a program.’’. 
(2) CLERICAL
AMENDMENTS.—The table of 
chapters at the beginning of subtitle A of title 10, 
United States Code, and at the beginning of part IV 
of such subtitle, are each amended by inserting after 
the item relating to chapter 148 the following new 
item: 
‘‘149. Performance Management of the Defense Acquisition System ...... 2545’’. 
(b) PHASED IMPLEMENTATION
OF PERFORMANCE 
ASSESSMENTS.—The Secretary of Defense shall imple-
ment the requirements of chapter 149 of title 10, United 
States Code, as added by subsection (a), in a phased man-
ner while guidance is issued, and categories, metrics, 
goals, and standards are established. Implementation shall 
begin with a cross section of elements of the defense acqui-
sition system representative of the entire system and shall 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00950
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
951 
HR 5136 PCS1S 
be completed for all elements not later than two years 
after the date of the enactment of this Act. 
SEC. 102. MEANINGFUL CONSIDERATION BY JOINT RE-
QUIREMENTS 
OVERSIGHT 
COUNCIL 
OF 
INPUT FROM CERTAIN OFFICIALS. 
(a) ADVISORS TO THE JOINT REQUIREMENTS OVER-
SIGHT COUNCIL.— 
(1) ADDITIONAL
CIVILIAN
ADVISORS.—Sub-
section (d)(1) of section 181 of title 10, United 
States Code, is amended by striking ‘‘The Under 
Secretary’’ and all that follows through ‘‘and exper-
tise.’’ and inserting the following: ‘‘The following of-
ficials of the Department of Defense shall serve as 
advisors to the Council on matters within their au-
thority and expertise: 
‘‘(A) The Under Secretary of Defense for Ac-
quisition, Technology, and Logistics. 
‘‘(B) The Under Secretary of Defense (Comp-
troller). 
‘‘(C) The Under Secretary of Defense for Pol-
icy. 
‘‘(D) The Director of Cost Assessment and Pro-
gram Evaluation.’’. 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00951
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
952 
HR 5136 PCS1S 
(2) ROLE
OF
COMBATANT
COMMANDERS
AS 
MEMBERS OF THE JROC.—Paragraph (1) of sub-
section (c) of such section is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (D); 
(B) by striking the period at the end of 
subparagraph (E) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(F) when directed by the chairman, the 
commander of any combatant command (or, as 
directed by that commander, the deputy com-
mander of that command) when matters related 
to the area of responsibility or functions of that 
command will be under consideration by the 
Council.’’. 
(b) AMENDMENT RELATED TO REPORT.—Paragraph 
(2) of section 105(c) of the Weapon Systems Acquisition 
Reform Act of 2009 (Public Law 111–23; 123 Stat. 1718) 
is amended to read as follows: 
‘‘(2) MATTERS COVERED.—The report shall in-
clude, at a minimum, an assessment of— 
‘‘(A) the extent to which the Council has 
effectively sought, and the commanders of the 
combatant commands have provided, meaning-
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00952
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
953 
HR 5136 PCS1S 
ful input on proposed joint military require-
ments; 
‘‘(B) the extent to which the Council has 
meaningfully considered the input and expertise 
of the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics in its discus-
sions; 
‘‘(C) the extent to which the Council has 
meaningfully considered the input and expertise 
of the Director of Cost Assessment and Pro-
gram Evaluation in its discussions; 
‘‘(D) the quality and effectiveness of ef-
forts to estimate the level of resources needed 
to fulfill joint military requirements; and 
‘‘(E) the extent to which the Council has 
considered trade-offs among cost, schedule, and 
performance objectives.’’. 
(c) ASSESSMENT OF INDEPENDENCE OF COST ESTI-
MATORS AND COST ANALYSTS REQUIRED IN NEXT AN-
NUAL REPORT ON COST ASSESSMENT ACTIVITIES.—In 
the next annual report prepared by the Director of Cost 
Assessment and Program Evaluation under section 
2334(e) of title 10, United States Code, the Director shall 
include an assessment of whether and to what extent per-
sonnel responsible for cost estimates or cost analysis devel-
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00953
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
954 
HR 5136 PCS1S 
oped by a military department or defense agency for a 
major defense acquisition program are independent and 
whether their independence or lack thereof affects their 
ability to generate reliable cost estimates. 
SEC. 103. PERFORMANCE MANAGEMENT FOR THE JOINT 
CAPABILITIES INTEGRATION AND DEVELOP-
MENT SYSTEM. 
(a) REQUIREMENT FOR PROGRAM.—The Secretary of 
Defense shall ensure that the Department of Defense de-
velops and implements a program to manage performance 
in establishing joint military requirements pursuant to 
section 181 of title 10, United States Code. 
(b) LEADERS.—The Secretary of Defense shall des-
ignate an officer identified or designated as a joint quali-
fied officer to serve as leader of a joint effort to develop 
the performance management program required by sub-
section (a). The Secretary shall also designate an officer 
from each Armed Force to serve as leader of the effort 
within the Armed Force concerned. Officers designated 
pursuant to this section shall have the seniority and au-
thority necessary to oversee and direct all personnel en-
gaged in establishing joint military requirements within 
the Joint Staff or within the Armed Force concerned. 
(c) MATTERS COVERED.—The program developed 
pursuant to subsection (a) shall: 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00954
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
955 
HR 5136 PCS1S 
(1) Measure the following in relation to each 
joint military requirement: 
(A) The time a requirements document 
takes to receive validation through the require-
ments process. 
(B) The quality of cost information associ-
ated with the requirement and the extent to 
which cost information was considered during 
the requirements process. 
(C) The extent to which the requirements 
process established a meaningful level of pri-
ority for the requirement. 
(D) The extent to which the requirements 
process considered trade-offs between cost, 
schedule, and performance objectives. 
(E) 
The 
quality 
of 
information 
on 
sustainment associated with the requirement 
and the extent to which sustainment informa-
tion was considered during the requirements 
process. 
(F) Such other matters as the Secretary 
shall determine appropriate. 
(2) Achieve, to the maximum extent practicable, 
the following outcomes in the requirements process: 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00955
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
956 
HR 5136 PCS1S 
(A) Timeliness in delivering capability to 
the warfighter. 
(B) Mechanisms for controlling require-
ments creep. 
(C) Responsiveness to fact-of-life changes 
occurring after the approval of a requirements 
document, including changes to the threat envi-
ronment, the emergence of new capabilities, or 
changes in the resources estimated to procure 
or sustain a capability. 
(D) The development of the personnel 
skills, capacity, and training needed for an ef-
fective and efficient requirements process. 
(E) Such other outcomes as the Secretary 
shall determine appropriate. 
(d) IMPLEMENTATION.—The program required by 
subsection (a) shall be developed and initially implemented 
not later than one year after the date of the enactment 
of this Act and shall apply to requirements documents en-
tering the requirements process after the date of initial 
implementation. 
(e) INITIAL REPORT.—Not later than 90 days after 
the initial implementation of the program required by sub-
section (a), the Secretary shall submit to the congressional 
defense committees a report on the steps taken to develop 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00956
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
957 
HR 5136 PCS1S 
and implement the performance management program for 
joint military requirements. The report shall address the 
measures specified in subsection (c)(1). 
(f) FINAL REPORT.—Not later than four years after 
the initial implementation of the program required by sub-
section (a), the Secretary shall submit to the congressional 
defense committees a report on the effectiveness of the 
program for joint military requirements in achieving the 
outcomes specified in subsection (c)(2). 
(g) DEFINITIONS.—In this section: 
(1) REQUIREMENTS PROCESS.—The term ‘‘re-
quirements process’’ means the Joint Capabilities 
Integration and Development System (JCIDS) proc-
ess or any successor to such process established by 
the Chairman of the Joint Chiefs of Staff to support 
the statutory responsibility of the Joint Require-
ments Oversight Council in advising the Chairman 
and the Secretary of Defense in identifying, assess-
ing, and validating joint military capability needs, 
with their associated operational performance cri-
teria, in order to successfully execute missions. 
(2) REQUIREMENTS
DOCUMENT.—The term 
‘‘requirements document’’ means a document pro-
duced in the requirements process that is provided 
for an acquisition program to guide the subsequent 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00957
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
958 
HR 5136 PCS1S 
development, production, and testing of the program 
and that— 
(A) justifies the need for a materiel ap-
proach, or an approach that is a combination of 
materiel and non-materiel, to satisfy one or 
more specific capability gaps; 
(B) details the information necessary to 
develop an increment of militarily useful, 
logistically supportable, and technically mature 
capability, including key performance param-
eters; or 
(C) identifies production attributes re-
quired for a single increment of a program. 
(3) REQUIREMENTS
CREEP.—The term ‘‘re-
quirements creep’’ means the addition of new tech-
nical or operational specifications after a require-
ments document is approved. 
(h) DISCRETIONARY IMPLEMENTATION AFTER FIVE 
YEARS.—After the date that is five years after the initial 
implementation of the performance management program 
under this section, the requirement to implement a pro-
gram under this section shall be at the discretion of the 
Secretary of Defense. 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00958
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
959 
HR 5136 PCS1S 
SEC. 104. REQUIREMENTS FOR THE ACQUISITION OF SERV-
ICES. 
(a) PROCESS REQUIRED.—The Secretary of Defense 
shall ensure that each military department establishes a 
process for identifying, assessing, and approving require-
ments for the acquisition of services, and that com-
manders of unified combatant commands and other offi-
cers identified or designated as joint qualified officers have 
an opportunity to participate in the process of each mili-
tary department to provide input on joint requirements 
for the acquisition of services. 
(b) GUIDANCE AND PLAN REQUIRED.—The Chief of 
Staff of the Army, the Chief of Naval Operations, the 
Chief of Staff of the Air Force, and the Commandant of 
the Marine Corps shall— 
(1) issue and maintain guidance relating to 
each process established under subsection (a); and 
(2) develop a plan to implement each process 
established under subsection (a). 
(c) MATTERS REQUIRED IN GUIDANCE.—The guid-
ance issued under subsection (b) shall establish, in relation 
to a process for identifying, assessing, and approving re-
quirements for the acquisition of services, the following: 
(1) Organization of such process. 
(2) The level of command responsibility re-
quired for identifying and validating requirements 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00959
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
960 
HR 5136 PCS1S 
for the acquisition of services in accordance with the 
categories established under section 2330(a)(1)(C) 
of title 10, United States Code. 
(3) The composition of billets necessary to oper-
ate such process. 
(4) The training required for personnel engaged 
in such process. 
(5) The relationship between doctrine and such 
process. 
(6) Methods of obtaining input on joint require-
ments for the acquisition of services. 
(7) Procedures for coordinating with the acqui-
sition process. 
(8) Considerations relating to opportunities for 
strategic sourcing. 
(d) MATTERS
REQUIRED
IN
IMPLEMENTATION 
PLAN.—Each plan required under subsection (b) shall 
provide for initial implementation of a process for identi-
fying, assessing, and approving requirements for the ac-
quisition of services not later than 180 days after the date 
of the enactment of this Act and shall provide for full im-
plementation of such process at the earliest date prac-
ticable. 
(e) CONSISTENCY WITH JOINT GUIDANCE.—When-
ever, at any time, guidance is issued by the Chairman of 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00960
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
961 
HR 5136 PCS1S 
the Joint Chiefs of Staff relating to requirements for the 
acquisition of services, each process established under sub-
section (a) shall be revised in accordance with such joint 
guidance. 
(f) DEFINITION.—The term ‘‘requirements for the 
acquisition of services’’ means objectives to be achieved 
through acquisitions primarily involving the procurement 
of services. 
SEC. 105. JOINT EVALUATION TASK FORCES. 
(a) TASK FORCES REQUIRED.—For each joint mili-
tary requirement involving a materiel solution for which 
the Chairman of the Joint Requirements Oversight Coun-
cil is the validation authority, the Chairman shall des-
ignate a commander of a unified combatant command to 
provide a joint evaluation task force to participate in such 
materiel solution. Such task force shall— 
(1) come from a military unit or units des-
ignated by the combatant commander concerned; 
(2) be selected based on the relevance of such 
materiel solution to the mission of the unit; and 
(3) participate consistent with its operational 
obligations. 
(b) RESPONSIBILITIES.—A task force provided pur-
suant to subsection (a) shall, for the materiel solution con-
cerned— 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00961
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
962 
HR 5136 PCS1S 
(1) provide input to the analysis of alternatives; 
(2) participate in testing (including limited user 
tests and prototype testing); 
(3) provide input on a concept of operations 
and doctrine; 
(4) provide end user feedback to the resource 
sponsor; and 
(5) participate, through the combatant com-
mander concerned, in any alteration of the require-
ment for such solution. 
(c) ADMINISTRATIVE SUPPORT.—The resource spon-
sor for the joint military requirement shall provide admin-
istrative support to the joint evaluation task force for pur-
poses of carrying out this section. 
(d) DEFINITIONS.—In this section: 
(1) RESOURCE SPONSOR.—The term ‘‘resource 
sponsor’’ means the organization responsible for all 
common documentation, periodic reporting, and 
funding actions required to support the capabilities 
development and acquisition process for the materiel 
solution. 
(2) MATERIEL SOLUTION.—The term ‘‘materiel 
solution’’ means the development, acquisition, pro-
curement, or fielding of a new item, or of a modi-
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00962
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
963 
HR 5136 PCS1S 
fication to an existing item, necessary to equip, oper-
ate, maintain, and support military activities. 
SEC. 106. REVIEW OF DEFENSE ACQUISITION GUIDANCE. 
(a) REVIEW OF GUIDANCE.—The Secretary of De-
fense shall review the acquisition guidance of the Depart-
ment of Defense, including, at a minimum, the guidance 
contained in Department of Defense Instruction 5000.02 
entitled ‘‘Operation of the Defense Acquisition System’’. 
(b) MATTERS CONSIDERED.—The review performed 
under subsection (a) shall consider— 
(1) the extent to which it is appropriate to 
apply guidance primarily relating to the acquisition 
of weapon systems to acquisitions not involving 
weapon systems (including the acquisition of com-
mercial goods and commodities, commercial and 
military unique services, and information tech-
nology); 
(2) whether long-term sustainment and energy 
efficiency of weapon systems is appropriately empha-
sized; 
(3) whether appropriate mechanisms exist to 
communicate information relating to the mission 
needs of the Department of Defense to the industrial 
base in a way that allows the industrial base to 
make appropriate investments in infrastructure, ca-
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00963
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS
964 
HR 5136 PCS1S 
pacity, and technology development to help meet 
such needs; 
(4) the extent to which earned value manage-
ment should be required on acquisitions not involv-
ing the acquisition of weapon systems and whether 
measures of quality and technical performance 
should be included in any earned value management 
system; 
(5) the extent to which it is appropriate to 
apply processes primarily relating to the acquisition 
of weapon systems to the acquisition of information 
technology systems, consistent with the requirement 
to develop an alternative process for such systems 
contained in section 804 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2401; 10 U.S.C. 2225 note); and 
(6) such other matters as the Secretary con-
siders appropriate. 
(c) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and of the House of Representatives a report de-
tailing any changes in the acquisition guidance of the De-
partment of Defense identified during the review required 
VerDate Mar 15 2010 
23:05 Jun 28, 2010
Jkt 089200
PO 00000
Frm 00964
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.PCS
H5136
smartinez on DSKB9S0YB1PROD with BILLS