I 
111TH CONGRESS 
1ST SESSION H. R. 2101 
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 Penn-
sylvania, Mr. FORBES, Mrs. TAUSCHER, Mr. SNYDER, Ms. SHEA-POR-
TER, and Mr. MASSA) introduced the following bill; which was referred 
to the Committee on Armed Services 
A BILL 
To promote reform and independence in the oversight of 
weapons system acquisition by the Department of Defense. 
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 
‘‘Weapons Acquisition System Reform Through Enhanc-
ing Technical Knowledge and Oversight Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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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 Re-
search 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 pro-
grams. 
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 ac-
quisition of products and services. 
Sec. 207. Consideration of trade-offs among cost, schedule, and performance in 
the acquisition of major weapon systems. 
TITLE I—ACQUISITION 
ORGANIZATION 
SEC. 101. INDEPENDENT PERFORMANCE OF ACQUISITION 
OVERSIGHT FUNCTIONS. 
(a) IN GENERAL.—Chapter 4 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 145. Principal advisors for acquisition oversight 
functions 
‘‘(a) ASSIGNMENT
OF
ACQUISITION
OVERSIGHT 
FUNCTIONS.—The Secretary of Defense shall designate 
an official within the Office of the Secretary of Defense 
as the principal advisor to the Secretary for each acquisi-
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‘‘(C) Performance assessment. 
‘‘(D) Such other acquisition functions as the 
Secretary considers appropriate. 
‘‘(2) Each acquisition oversight function specified in 
paragraph (1) shall cover all phases of an acquisition pro-
gram, including setting of requirements, formulation and 
execution of budgets, and program execution.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘145. Principal advisors for acquisition oversight functions.’’. 
SEC. 102. OVERSIGHT OF COST ESTIMATION. 
(a) IN GENERAL.—Chapter 137 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2334. Acquisition oversight: oversight of cost esti-
mation 
‘‘(a) ISSUANCE OF POLICIES, PROCEDURES, GUID-
ANCE, AND COST ESTIMATES.—The official assigned over-
sight of cost estimation pursuant to section 145 of this 
title shall issue the following: 
‘‘(1) Policies and procedures governing the con-
duct of cost estimation and cost analysis generally 
for the acquisition programs of the Department of 
Defense. 
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‘‘(2) Guidance relating to cost estimates and 
cost analyses conducted in connection with major de-
fense acquisition programs under chapter 144 of this 
title or major automated information system pro-
grams under chapter 144A of this title. 
‘‘(3) Guidance relating to the proper selection 
of confidence levels for cost estimates generally, and 
specifically, for the proper selection of confidence 
levels for cost estimates for major defense acquisi-
tion programs under chapter 144 of this title or 
major automated information system program under 
chapter 144A of this title. 
‘‘(4) Independent cost estimates and cost anal-
yses for major defense acquisition programs and 
major automated information system programs for 
which the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics is the Milestone De-
cision Authority— 
‘‘(A) in advance of— 
‘‘(i) any certification under section 
2366a or 2366b of title 10, United States 
Code; 
‘‘(ii) any decision to enter into low- 
rate initial production or full-rate produc-
tion; 
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‘‘(iii) any certification under section 
2433(e)(2) of this title; and 
‘‘(iv) 
any 
report 
under 
section 
2445c(f) of this title; and 
‘‘(B) at any other time considered nec-
essary by such official or upon the request of 
the Under Secretary of Defense for Acquisition, 
Technology, and Logistics. 
‘‘(b) REVIEW OF COST ESTIMATES, COST ANALYSES, 
COST INDEXES, AND RECORDS OF THE MILITARY DE-
PARTMENTS.—The official designated for oversight of cost 
estimation pursuant to section 145 of this title is author-
ized— 
‘‘(1) to promptly receive the results of all cost 
estimates and cost analyses conducted by the mili-
tary departments, and all studies conducted by the 
military departments in connection with such cost 
estimates and cost analyses, for major defense acqui-
sition programs and major automated information 
systems of the military departments, and to com-
ment on such estimates, analyses, and studies; and 
‘‘(2) to have timely access to any records and 
data in the Department of Defense (including the 
records and data of each military department and 
including classified and proprietary information as 
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appropriate) that the official considers necessary to 
review in order to carry out any duties under this 
section. 
‘‘(c) PARTICIPATION, CONCURRENCE, AND APPROVAL 
IN COST ESTIMATION.—The official designated for over-
sight of cost estimation pursuant to section 145 of this 
title is authorized to be involved in all discussions relating 
to cost estimation and the estimation of resource levels 
required for major defense acquisition programs and 
major automated information systems of the Department 
of Defense generally at all stages of such programs and 
may— 
‘‘(1) participate in the formulation of study 
guidance for analyses of alternatives for major de-
fense acquisition programs; 
‘‘(2) participate in the discussion of any dis-
crepancies between an independent cost estimate and 
the cost estimate of a military department for a 
major defense acquisition program or major auto-
mated information system of the Department of De-
fense; 
‘‘(3) approve or disapprove, at such official’s 
sole discretion, the confidence level for any cost esti-
mate of a major defense acquisition program or 
major automated information system of the Depart-
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ment of Defense used at any of the events specified 
in paragraph (4) of subsection (a) of this section; 
‘‘(4) concur in the choice of a cost estimate for 
use at any of the events specified in paragraph (4) 
of subsection (a) of this section; and 
‘‘(5) participate in any decision to request au-
thorization of a multiyear procurement contract for 
a major defense acquisition program. 
‘‘(d) RELATIONSHIP TO COST ANALYSIS IMPROVE-
MENT GROUP.—The official designated to perform over-
sight of cost estimation pursuant to section 145 of this 
title shall be assigned responsibility for the management 
and oversight of the Cost Analysis Improvement Group 
of the Department of Defense. 
‘‘(e) ANNUAL REPORT.—Not later than March 1 of 
each year, beginning on March 1, 2010, the official des-
ignated to perform oversight of cost estimation pursuant 
to section 145 of this title shall submit to the congres-
sional defense committees a report on the activities under-
taken pursuant to this section during the preceding year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2334. Acquisition oversight: oversight of cost estimation.’’. 
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SEC. 103. OVERSIGHT OF SYSTEMS ENGINEERING. 
(a) IN GENERAL.—Chapter 137 of title 10, United 
States Code, as amended by section 102, is further amend-
ed by adding at the end the following new section: 
‘‘§ 2334a. Acquisition oversight: oversight of systems 
engineering 
‘‘(a) ISSUANCE
OF POLICIES, PROCEDURES, AND 
GUIDANCE.—The official designated to perform oversight 
of systems engineering pursuant to section 145 of this title 
shall— 
‘‘(1) issue policies, procedures, and guidance for 
all elements of the Department of Defense con-
cerning— 
‘‘(A) the use of systems engineering prin-
ciples and best practices, generally; 
‘‘(B) the use of systems engineering ap-
proaches to enhance reliability, availability, and 
maintainability on major defense acquisition 
programs; 
‘‘(C) the development of systems engineer-
ing master plans for major defense acquisition 
programs; 
‘‘(D) the inclusion of provisions relating to 
systems engineering and reliability growth in 
requests for proposals; 
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