Weapon Systems Acquisition Reform Act of 2009

Bill: 111-s-454
Sponsor: Sen. Levin, Carl [D-MI]
Introduced: 2009-02-23 in the Senate
Policy area: Armed Forces and National Security
Subjects: Administrative law and regulatory procedures
Congressional oversight
Department of Defense
Executive agency funding and structure
Government employee pay, benefits, personnel management
Military procurement, research, weapons development
Performance measurement
Public contracts and procurement
Technology assessment

Summary:
action_date: 2009-02-23
text: 
Weapon Systems Acquisition Reform Act of 2009 - Requires, with respect to Department of Defense (DOD) weapon systems acquisition organization: (1) a report on systems engineering capabilities; (2) the establishment of a Director of Developmental Test and Evaluation; (3) an assessment of the technological maturity of critical technologies of major defense acquisition programs (MDAPS); (4) the establishment of a Director of Independent Cost Assessment; and (5) the Joint Requirements Oversight Council to seek and consider input from commanders of combatant commands in identifying joint military requirements.
 
Requires, with respect to DOD weapon systems acquisition policy: (1) the Secretary of Defense to develop and implement mechanisms to ensure the consideration of tradeoffs between system cost, schedule, and performance; (2) the milestone decision authority for an MDAP to have received a preliminary design review and conducted a formal post-preliminary design review assessment before an MDAP may receive Milestone B or Key Decision Point B approval; (3) the Secretary to ensure that each MDAP acquisition plan includes measures to maximize competition at both the prime contract and subcontract level throughout the MDAP's life cycle; (4) the Secretary to undertake specified actions in the event of MDAP critical cost growth; (5) addressing organizational conflicts of interest by contractors in the acquisition of major weapon systems; (6) the establishment of an Organizational Conflict of Interest Review Board; and (7) the Secretary to award DOD military and civilian personnel for performance excellence in the acquisition of DOD products and services.

action_date: 2009-04-02
text: 
Weapon Systems Acquisition Reform Act of 2009 - 
Title I: Acquisition Organization 
- (Sec. 101) Requires a report from: (1) the service acquisition executive of each military department to the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) describing major weapon system strategy and engineering capabilities of their department; and (2) the Under Secretary to the congressional defense committees on the system engineering capabilities of the Department of Defense (DOD).
 
(Sec. 102) Establishes within DOD a Director of Developmental Test and Evaluation to advise the Secretary of Defense and the Under Secretary on DOD developmental test and evaluation. Outlines related duties. Requires the: (1) Director to report annually to Congress on the developmental test and evaluation activities of the major defense acquisition programs (MDAPs) and major automated information system programs of DOD; and (2) departmental service acquisition executives to report to the Director on the extent to which the test organizations of their department have in place, or have effective plans to develop, adequate numbers of development test and evaluation personnel with appropriate expertise.
 
(Sec. 103) Requires the Director of Defense Research and Engineering to: (1) periodically review and assess the technological maturity and integration risk of critical technologies of MDAPs, and submit review and assessment findings to the Under Secretary; (2) report annually to the Secretary and Congress on the maturity and risk of such technologies; and (3) report to the defense and appropriations committees on additional resources required to implement DOD system critical technology assessments.
 
(Sec. 104) Establishes within DOD a Director of Independent Cost Assessment to advise the Secretary, Under Secretary, and Under Secretary of Defense (Comptroller) on cost estimation and analyses for DOD acquisition programs. Outlines related duties. Requires the: (1) Secretary of each military department to report promptly to such Director the results of all MDAP cost estimates, analyses, and studies conducted by that department; (2) Director to report annually to the Secretary, each Under Secretary, and Congress summarizing DOD cost estimation and analysis activities; and (3) Director to review existing DOD systems and methods for tracking and assessing operating and support costs on MDAPs, and submit review findings to the Secretary, who shall submit such findings to the defense and appropriations committees.
 
(Sec. 105) Directs the Joint Requirements Oversight Council to seek and consider input from commanders of combatant commands prior to identifying joint military requirements.
 

Title II: Acquisition Policy 
- (Sec. 201) Requires the: (1) Secretary to develop and implement mechanisms to ensure the consideration of trade-offs between major weapon system cost, schedule, and performance; and (2) Under Secretary to ensure that DOD guidance on MDAPs requires the milestone decision authority to conduct an analysis of alternatives during the material solution analysis phase of each MDAP.
 
(Sec. 202) Requires the milestone decision authority for an MDAP to have received a preliminary design review and conducted a formal post-preliminary design review assessment before an MDAP may receive Milestone B or Key Decision Point B approval. Directs the Under Secretary to ensure that DOD guidance on MDAPs requires a critical design review and a formal post-critical design review assessment for each MDAP.
 
(Sec. 203) Requires the Secretary to: (1) ensure that each MDAP acquisition plan includes measures to maximize competition at both the prime contract and subcontract level throughout the MDAP's life cycle; and (2) modify current DOD acquisition regulations to ensure competitive prototyping for MDAPs.
 
(Sec. 204) Requires the Secretary to terminate an MDAP that meets or exceeds its critical cost growth threshold, unless the Secretary determines that the program's continuation is essential to national security and certifies such fact to Congress. Outlines additional requirements with respect to such certification.
 
(Sec. 205) Directs the: (1) Under Secretary to revise the Defense Supplement to the Federal Acquisition Regulation to address organizational conflicts of interests by contractors in the acquisition of major weapon systems; and (2) Secretary to establish within DOD the Organizational Conflict of Interest Review Board to advise the Under Secretary on policies relating to such conflicts of interest.
 
(Sec. 206) Requires the Secretary to carry out a program to recognize excellent performance by individuals and teams of members of the Armed Forces and civilian DOD personnel in the acquisition of products and services. Authorizes cash bonuses as part of the program.

action_date: 2009-05-07
text: 
Weapon Systems Acquisition Reform Act of 2009 - 
Title I: Acquisition Organization 
- (Sec. 101) Requires a report from: (1) the service acquisition executive of each military department to the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) describing major weapon system strategy and engineering capabilities of their department; and (2) the Under Secretary to the congressional defense committees on the system engineering capabilities of the Department of Defense (DOD).
 
(Sec. 102) Establishes within DOD a Director of Developmental Test and Evaluation to advise the Secretary of Defense and the Under Secretary on DOD developmental test and evaluation. Outlines related duties. Requires: (1) the Director to report annually to Congress on the developmental test and evaluation activities of the major defense acquisition programs (MDAPs) and major automated information system programs of DOD; and (2) departmental service acquisition executives to report to the Director on the extent to which the test organizations of their department have in place, or have effective plans to develop, adequate numbers of development test and evaluation personnel with appropriate expertise.
 
(Sec. 103) Requires the Director of Defense Research and Engineering to: (1) periodically review and assess the technological maturity and integration risk of critical technologies of MDAPs, and submit review and assessment findings to the Under Secretary; (2) report annually to the Secretary and Congress on the maturity and risk of such technologies; and (3) report to the defense and appropriations committees on additional resources required to implement DOD system critical technology assessments.
 
(Sec. 104) Establishes within DOD a Director of Independent Cost Assessment to advise the Secretary, Under Secretary, and Under Secretary of Defense (Comptroller) on cost estimation and analyses for DOD acquisition programs. Outlines related duties. Requires the: (1) Secretary of each military department to report promptly to such Director the results of all MDAP cost estimates, analyses, and studies conducted by that department; (2) Director to report annually to the Secretary, each Under Secretary, and Congress summarizing DOD cost estimation and analysis activities; and (3) Director to review existing DOD systems and methods for tracking and assessing operating and support costs on MDAPs, and submit review findings to the Secretary, who shall submit such findings to the defense and appropriations committees. Directs the Comptroller General (CG) to report to such committees on growth in operating and support costs for major weapon systems.
 
(Sec. 105) Directs the Joint Requirements Oversight Council (JROC) to seek and consider input from commanders of combatant commands prior to identifying joint military requirements. Requires the CG to report to the defense committees on the implementation of such requirement.
 
(Sec. 106) Requires that, if the Director of the Department of Defense Test Resource Management Center is not serving concurrently as the Director of Developmental Test and Evaluation, then the Director's certification concerning the adequacy of proposed DOD departmental test and evaluation budgets shall be submitted directly and independently to the Secretary.
 

Title II: Acquisition Policy 
- (Sec. 201) Requires: (1) the Secretary to develop and implement mechanisms to ensure the consideration of tradeoffs between major weapon system cost, schedule, and performance; (2) the JROC, upon recommending a new joint military requirement, to submit it to the Under Secretary for review and concurrence or non-concurrence; and (3) the Under Secretary to ensure that DOD guidance on MDAPs requires the milestone decision authority to conduct an analysis of alternatives during the material solution analysis phase of each MDAP.
 
(Sec. 202) Requires the milestone decision authority for an MDAP to have received a preliminary design review and conducted a formal post-preliminary design review assessment before an MDAP may receive Milestone B or Key Decision Point B approval. Directs the Under Secretary to ensure that DOD guidance on MDAPs requires a critical design review and a formal post-critical design review assessment for each MDAP.
 
(Sec. 203) Requires the Secretary to: (1) ensure that each MDAP acquisition plan includes measures to maximize competition at both the prime contract and subcontract level throughout the MDAP's life cycle; and (2) modify current DOD acquisition regulations to ensure competitive prototyping for MDAPs. Directs the: (1) milestone decision authority for an MDAP, whenever such authority exercises a waiver of the requirement for MDAP prototypes on the basis of excessive cost, to notify the CG of such waiver; and (2) CG to review the waiver rationale and report review results to the defense and appropriations committees.
 
(Sec. 204) Requires the Secretary to terminate an MDAP that meets or exceeds its critical cost growth threshold, unless the Secretary determines that the program's continuation is essential to national security and certifies such fact to Congress. Outlines additional requirements with respect to such certification. Requires the Secretary to report to Congress on terminated programs. 
 
(Sec. 205) Directs the Under Secretary to revise the Defense Supplement to the Federal Acquisition Regulation to address organizational conflicts of interests by contractors in the acquisition of major weapon systems. Requires the Secretary to establish within DOD the Organizational Conflict of Interest Review Board to advise the Under Secretary on policies relating to such conflicts of interest.
 
(Sec. 206) Requires the Secretary to carry out a program to recognize excellent performance by individuals and teams of members of the Armed Forces and civilian DOD personnel in the acquisition of products and services. Authorizes cash bonuses as part of the program.
 
(Sec. 207) Directs the Under Secretary to review existing (and if necessary, prescribe additional) guidance governing implementation of the Earned Value Management requirements and reporting for DOD contracts.
 
(Sec. 208) Includes as a national security objective of the national technology and industrial base maintaining critical design skills to ensure that the Armed Forces are provided with systems capable of ensuring technological superiority over potential adversaries. Requires the Secretary, upon termination of an MDAP, to notify Congress of the effects of the termination on such objectives.
 
(Sec. 209) Directs DOD's Chief Management Officer to report to Congress identifying and addressing weaknesses in operation that hinder the capacity to assemble and assess reliable cost information on the systems and assets to be acquired under MDAPs. Requires such Officer, in preparing the report, to seek and consider the input of the chief management officers of the military departments.

action_date: 2009-05-13
text: 
Weapons Acquisition System Reform Through Enhancing Technical Knowledge and Oversight Act of 2009 - 
Title I: Acquisition Organization 
- (Sec. 101) Directs the Secretary of Defense to designate an official within the Office of the Secretary of Defense as the principal advisor to the Secretary for each of the following Department of Defense (DOD) acquisition oversight functions: (1) cost estimation; (2) systems engineering; (3) performance assessment; and (4) such other functions as considered appropriate by the Secretary.
 
(Sec. 102) Requires the official assigned oversight of cost estimation to issue policies, procedures, guidance, and cost estimates in connection with DOD acquisition programs and major defense acquisition programs (MDAPs). Directs the Secretary to ensure that the official so designated: (1) receives all cost estimates, analyses, and studies conducted by the military departments for MDAPs and major automated information systems; and (2) is involved in all discussions relating to cost estimation for MDAPs and major automated information systems at all stages of such programs. Requires such official to: (1) disclose the confidence level used in establishing a baseline estimate for an MDAP; and (2) report annually to the defense and appropriations committees on cost estimation activities.
 
(Sec. 103) Requires the official assigned oversight of systems engineering to: (1) issue policies, procedures, and guidance for DOD use of systems engineering; (2) provide input on the inclusion of systems engineering requirements in the process for consideration of joint military requirements by the Joint Requirements Oversight Council (JROC); (3) review and approve, with respect to each MDAP, the systems engineering master plan and the developmental test and evaluation plan; and (4) report annually to the defense and appropriations committees on systems engineering activities.
 
(Sec. 104) Requires the official assigned oversight of performance assessment to: (1) issue policies, procedures, and guidance governing the conduct of performance assessments for DOD acquisition programs; (2) periodically assess the suitability of MDAP baseline descriptions for providing a basis for performance assessment; (3) be responsible for management and oversight of records of the DOD earned value management system; (4) participate in certain MDAP program reviews; and (5) report annually to the defense and appropriations committees on performance assessment activities.
 
(Sec. 105) Requires the Director of Defense Research and Engineering to: (1) periodically review and assess the technological maturity and integration risk of MDAP critical technologies; (2) report annually to the Secretary and the defense and appropriations committees on such review and assessment; and (3) report to such committees on any additional resources that may be required to implement recommendations made after such reviews and assessments.
 
(Sec. 106) Directs the: (1) JROC to seek and consider input from commanders of combatant commands in identifying joint military requirements; and (2) Comptroller General (CG) to report to the defense committees on the implementation of such requirement.
 

Title II: Acquisition Policy 
- (Sec. 201) Directs the Secretary to ensure that the acquisition strategy for each MDAP includes: (1) measures to ensure competition at both the prime contract and subcontract level of the MDAP throughout its life-cycle as a means to improve contractor performance; and (2) adequate documentation of the rationale for selection of the subcontractor tier or tiers. Outlines measures to ensure such competition. Requires the Secretary to ensure that, with respect to maintenance of an MDAP, consideration is given to DOD capabilities to perform maintenance functions.
 
(Sec. 202) Directs the milestone decision authority (MDA) for an MDAP who waives certain program certification requirements normally necessary before Milestone B or Key Decision Point B approval to, at least annually, review that MDAP to determine its satisfaction with the waived requirements. Requires the current certification status of such MDAPs to be included in annual DOD budget justification documents.
 
Requires the MDA for an MDAP to have received a preliminary design review and conducted a formal post-preliminary design review assessment before an MDAP may receive Milestone B or Key Decision Point B approval.
 
Directs the MDA, for each MDAP that has not received Milestone C or Key Decision Point C approval, to: (1) determine whether or not the program satisfies specified certification components; and (2) annually review progress in satisfying such components. Requires the current certification status of such MDAPs to be included in annual DOD budget justification documents.
 
Directs the official assigned oversight of performance assessment, with respect to MDAPs that are restructured after experiencing critical cost growth and certified as necessary to continue, to annually review and assess the MDAP's success in achieving adequate program performance.
 
(Sec. 203) Requires certain MDA certification with respect to MDAPs that have not received Milestone B or Key Decision Point B approval, including that the program: (1) fulfills an approved initial capabilities document; and (2) is being executed by an entity with a relevant core competency identified by the Secretary. Directs the MDA to report to the defense and appropriations committees with respect to cost growth or schedule delays under such MDAPs.
 
(Sec. 204) Directs the Secretary, if the acquisition or procurement unit cost of an MDAP or designated major subprogram increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, to: (1) determine the root cause or causes for the cost growth; (2) determine whether to terminate or restructure the program or subprogram; and (3) submit such determinations to Congress. Allows a program or subprogram to be restructured only under limited conditions, including a certification that the program is essential to national security and that there are no alternatives which will provide acceptable military capability at less cost. Provides that when a program is restructured, the next Selected Acquisition Report for the program after the restructuring shall contain a description of all funding changes in the budget as a result of the program's cost growth.
 
(Sec. 205) Directs the Panel on Contracting Integrity (established under the John Warner National Defense Authorization Act for Fiscal Year 2007) to present recommendations to the Secretary on measures to eliminate or mitigate organizational conflicts of interest in the acquisition of major weapons systems. Requires the Secretary to revise the Defense Supplement to the Federal Acquisition Regulation to address such conflicts. Directs the Panel to continue to serve until at least the end of 2011.
 
(Sec. 206) Directs the Secretary to carry out a program to recognize excellent performance by individuals and teams of members of the Armed Forces and civilian DOD personnel in the acquisition of products and services for DOD. Authorizes cash bonuses as part of the program.
 
(Sec. 207) Requires the CG to: (1) review DOD use of certain mechanisms for considering tradeoffs among cost, schedule, and performance in the acquisition of major weapon systems; and (2) report review results to the defense and appropriations committees.

action_date: 2009-05-20
text: 
Weapon Systems Acquisition Reform Act of 2009 - 
Title I: Acquisition Organization 
- (Sec. 101) Establishes within the Department of Defense (DOD) a Director of Cost Assessment and Program Evaluation, to act as the principal advisor to the Secretary of Defense and other senior DOD officials and provide independent analysis and advice on matters relating to DOD acquisition program cost estimation and analysis, as well as related defense acquisition matters as assigned by the Secretary. Establishes under such Director a Deputy Director for Cost Assessment and a Deputy Director for Program Evaluation.
 
Requires the: (1) Director to ensure that DOD cost estimation and cost analysis processes provide accurate information and realistic cost estimates for DOD acquisition programs; and (2) Secretary to ensure that the Director reviews acquisition program cost estimates, cost analyses, and related records for major defense acquisition programs (MDAPs) and major automated information system programs (MAISPs) of the military departments and defense agencies. Authorizes the Director to participate in and approve MDAP and MAISP cost estimates.
 
Requires the: (1) Director, the Secretary of the military department concerned, and the head of the defense agency concerned to disclose the confidence level used in establishing a baseline estimate for an MDAP or MAISP; and (2) Director to report annually to the Secretary, the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary), the Under Secretary of Defense (Comptroller), and the congressional defense and appropriations committees on DOD cost estimation and analysis activities.
 
Transfers to the Office of the Director the functions and personnel of the Cost Analysis Improvement Group and the Office of Program Analysis and Evaluation.
 
Requires: (1) the Director to review, and report to the Secretary on, existing DOD systems and methods for tracking and assessing MDAP operating and support costs; and (2) such report to be transmitted to the defense and appropriations committees.
 
(Sec. 102) Establishes: (1) a Director of Developmental Test and Evaluation to advise the Secretary and the Under Secretary on DOD developmental test and evaluation; and (2) a Director of Systems Engineering to advise the Secretary and Under Secretary on DOD systems engineering and development planning. Outlines related duties.
 
Requires such directors to jointly: (1) report to the defense and appropriations committees on activities undertaken; and (2) issue appropriate guidance with respect to DOD developmental test and evaluation and systems engineering, respectively.
 
Directs the service acquisition executives of each military department and defense agency with responsibility for a MDAP to: (1) develop and implement plans to ensure that the department or agency has provided appropriate resources for developmental testing and developmental planning and systems engineering; and (2) report to the directors established under this section with respect to such plans and each such director's responsibilities.
 
(Sec. 103) Directs the Secretary to designate a senior DOD official to conduct and oversee performance assessments and root cause analyses for MDAPs. Outlines related duties. Requires such official to report annually to the defense and appropriations committees on activities undertaken.
 
(Sec. 104) Requires the Director of Defense Research and Engineering to: (1) periodically review and assess the technological maturity and integration risk of critical technologies of MDAPs, and submit findings to the Under Secretary; (2) report annually to the Secretary and the defense and appropriations committees on the maturity and risk of such technologies; (3) report to such committees on additional resources required to implement the results of the review and assessment; and (4) develop knowledge-based standards to measure the maturity and risk of critical technologies at key stages in the acquisition process.
 
(Sec. 105) Directs the Joint Requirements Oversight Council (JROC) to seek and consider input from commanders of combatant commands prior to identifying joint military requirements. Requires the Comptroller General (CG) to report to the defense committees on the implementation of such requirement.
 

Title II: Acquisition Policy 
- (Sec. 201) Requires: (1) the Secretary to ensure that mechanisms are developed and implemented to ensure the consideration of tradeoffs among cost, schedule, and performance objectives with respect to DOD acquisition programs; (2) the JROC to ensure such consideration with respect to joint military requirements; (3) the Secretary to ensure that each new joint military requirement recommended by the JROC is reviewed to ensure compliance with the tradeoffs consideration requirement and the JROC requirement to seek and consider input from commanders of combatant commands; and (4) the Director of Cost Assessment and Program Evaluation to lead the development of study guidance for an analysis of alternatives for each joint military requirement for which the JROC Chairman is the validation authority.
 
(Sec. 202) Directs the Secretary to ensure that the acquisition strategy for each MDAP includes: (1) measures to ensure competition at both the prime contract and subcontract level of the MDAP throughout its life-cycle as a means to improve contractor performance; and (2) adequate documentation of the rationale for selection of the subcontractor tier or tiers. Outlines measures to ensure such competition. Requires the Secretary: (1) to take specified actions to ensure fair and objective &quot;make-buy&quot; decisions by prime contractors on MDAPs; and (2) whenever a decision regarding the source of repair results in a plan to award a contract for performance of maintenance and sustainment of a major weapon system, to ensure that such contract is awarded on a competitive basis with full consideration of all sources.
 
(Sec. 203) Directs the Secretary to ensure that the acquisition strategy for each MDAP provides for competitive prototypes before Milestone B approval, unless the milestone decision authority (MDA) for that MDAP waives such requirement. Allows the MDA to waive the requirement only on the basis that: (1) the cost of producing competitive prototypes exceeds the expected life-cycle benefits of producing the prototypes; or (2) but for such waiver, DOD would be unable to meet critical national security objectives. Requires: (1) the defense and appropriations committees to be notified within 30 days after such a waiver; (2) the CG to be notified of such a waiver and its rationale; and (3) the CG to review such rationale, and report review results to the defense and appropriations committees.
 
(Sec. 204) Requires a MDA, within 30 days after receiving notification from a program manager that the MDAP is experiencing cost or schedule delays of 25% or more, to report to the defense and appropriations committees identifying: (1) the root causes of the cost or schedule growth; and (2) appropriate acquisition performance measures for the remainder of the MDAP's development. Requires such report to also include either: (1) a certification of the necessity of the MDAP; or (2) a plan for terminating MDAP development or withdrawing Milestone A or Key Decision Point A approval.
 
(Sec. 205) Directs a MDA who waives certain program certification requirements normally necessary before Milestone B or Key Decision Point B approval to, at least annually, review that MDAP to determine the extent to which it currently meets the waived requirements. Requires the current certification status of such MDAPs to be included in annual DOD budget justification documents.
 
Requires a MDA to have received a preliminary design review and conducted a formal post-preliminary design review assessment before the MDAP may receive Milestone B or Key Decision Point B approval.
 
Directs the MDA, for each MDAP that has not received Milestone C or Key Decision Point C approval, to: (1) determine whether or not the program satisfies specified certification components; and (2) annually review its progress in satisfying such components. Requires the current certification status of such MDAPs to be included in annual DOD budget justification documents.
 
Directs the official assigned oversight of performance assessment, with respect to MDAPs that are restructured after experiencing critical cost growth and certified as necessary to continue, to annually review and assess the MDAP's success in achieving adequate program performance.
 
(Sec. 206) Directs the Secretary, if the acquisition or procurement unit cost of an MDAP or designated major subprogram increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, to: (1) determine the root causes for the cost growth; and (2) terminate the program, unless the Secretary notifies Congress of the decision not to terminate. Allows such a program or subprogram to be continued only under limited conditions, including a certification that the program is essential to national security and there are no alternatives which will provide acceptable military capability at less cost. Allows a program to be restructured in a manner that addresses the root causes of the critical cost growth. Provides that when a program is restructured, the next Selected Acquisition Report for the program after the restructuring shall contain a description of all funding changes made in the budget as a result of the program's cost growth. Requires the Secretary to report to Congress on terminated programs.
 
(Sec. 207) Directs the Secretary to revise the Defense Supplement to the Federal Acquisition Regulation to provide guidance and tighten existing requirements concerning organizational conflicts of interest by contractors in MDAPs. Requires the Panel on Contracting Integrity (established under the John Warner National Defense Authorization Act for Fiscal Year 2007) to present recommendations to the Secretary on measures to eliminate or mitigate organizational conflicts of interest in MDAPs. Directs the Panel to continue to serve until at least the end of 2011.
 

Title III: Additional Acquisition Provisions 
- (Sec. 301) Requires the Secretary to carry out a program to recognize excellent performance by individuals and teams of members of the Armed Forces and civilian DOD personnel in the acquisition of products and services. Authorizes cash bonuses as part of the program.
 
(Sec. 302) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to require additional discussions and recommendations within a required report from the Secretary to the defense committees on DOD implementation of earned value management.
 
(Sec. 303) Includes as a national security objective of the national technology and industrial base maintaining critical design skills to ensure that the Armed Forces are provided with systems capable of ensuring technological superiority over potential adversaries. Requires periodic defense capability assessments to consider the effects of the termination of MDAPs.
 
(Sec. 304) Requires the CG to report to the defense and appropriations committees on: (1) growth in operating and support costs for major weapon systems; and (2) the results of a review of weaknesses in operations affecting the reliability of financial information on systems and assets to be acquired under MDAPs.

action_date: 2009-05-22
text: 
Weapon Systems Acquisition Reform Act of 2009 - 
Title I: Acquisition Organization 
- (Sec. 101) Establishes within the Department of Defense (DOD) a Director of Cost Assessment and Program Evaluation, to act as the principal advisor to the Secretary of Defense and other senior DOD officials and provide independent analysis and advice on matters relating to DOD acquisition program cost estimation and analysis, as well as related defense acquisition matters as assigned by the Secretary. Establishes under such Director a Deputy Director for Cost Assessment and a Deputy Director for Program Evaluation.
 
Requires the: (1) Director to ensure that DOD cost estimation and cost analysis processes provide accurate information and realistic cost estimates for DOD acquisition programs; and (2) Secretary to ensure that the Director reviews acquisition program cost estimates, cost analyses, and related records for major defense acquisition programs (MDAPs) and major automated information system programs (MAISPs) of the military departments and defense agencies. Authorizes the Director to participate in and approve MDAP and MAISP cost estimates.
 
Requires the: (1) Director, the Secretary of the military department concerned, and the head of the defense agency concerned to disclose the confidence level used in establishing a baseline estimate for an MDAP or MAISP; and (2) Director to report annually to the Secretary, the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary), the Under Secretary of Defense (Comptroller), and the congressional defense and appropriations committees on DOD cost estimation and analysis activities.
 
Transfers to the Office of the Director the functions and personnel of the Cost Analysis Improvement Group and the Office of Program Analysis and Evaluation.
 
Requires: (1) the Director to review, and report to the Secretary on, existing DOD systems and methods for tracking and assessing MDAP operating and support costs; and (2) such report to be transmitted to the defense and appropriations committees.
 
(Sec. 102) Establishes: (1) a Director of Developmental Test and Evaluation to advise the Secretary and the Under Secretary on DOD developmental test and evaluation; and (2) a Director of Systems Engineering to advise the Secretary and Under Secretary on DOD systems engineering and development planning. Outlines related duties.
 
Requires such directors to jointly: (1) report to the defense and appropriations committees on activities undertaken; and (2) issue appropriate guidance with respect to DOD developmental test and evaluation and systems engineering, respectively.
 
Directs the service acquisition executives of each military department and defense agency with responsibility for a MDAP to: (1) develop and implement plans to ensure that the department or agency has provided appropriate resources for developmental testing and developmental planning and systems engineering; and (2) report to the directors established under this section with respect to such plans and each such director's responsibilities.
 
(Sec. 103) Directs the Secretary to designate a senior DOD official to conduct and oversee performance assessments and root cause analyses for MDAPs. Outlines related duties. Requires such official to report annually to the defense and appropriations committees on activities undertaken.
 
(Sec. 104) Requires the Director of Defense Research and Engineering to: (1) periodically review and assess the technological maturity and integration risk of critical technologies of MDAPs, and submit findings to the Under Secretary; (2) report annually to the Secretary and the defense and appropriations committees on the maturity and risk of such technologies; (3) report to such committees on additional resources required to implement the results of the review and assessment; and (4) develop knowledge-based standards to measure the maturity and risk of critical technologies at key stages in the acquisition process.
 
(Sec. 105) Directs the Joint Requirements Oversight Council (JROC) to seek and consider input from commanders of combatant commands prior to identifying joint military requirements. Requires the Comptroller General (CG) to report to the defense committees on the implementation of such requirement.
 

Title II: Acquisition Policy 
- (Sec. 201) Requires: (1) the Secretary to ensure that mechanisms are developed and implemented to ensure the consideration of tradeoffs among cost, schedule, and performance objectives with respect to DOD acquisition programs; (2) the JROC to ensure such consideration with respect to joint military requirements; (3) the Secretary to ensure that each new joint military requirement recommended by the JROC is reviewed to ensure compliance with the tradeoffs consideration requirement and the JROC requirement to seek and consider input from commanders of combatant commands; and (4) the Director of Cost Assessment and Program Evaluation to lead the development of study guidance for an analysis of alternatives for each joint military requirement for which the JROC Chairman is the validation authority.
 
(Sec. 202) Directs the Secretary to ensure that the acquisition strategy for each MDAP includes: (1) measures to ensure competition at both the prime contract and subcontract level of the MDAP throughout its life-cycle as a means to improve contractor performance; and (2) adequate documentation of the rationale for selection of the subcontractor tier or tiers. Outlines measures to ensure such competition. Requires the Secretary: (1) to take specified actions to ensure fair and objective &quot;make-buy&quot; decisions by prime contractors on MDAPs; and (2) whenever a decision regarding the source of repair results in a plan to award a contract for performance of maintenance and sustainment of a major weapon system, to ensure that such contract is awarded on a competitive basis with full consideration of all sources.
 
(Sec. 203) Directs the Secretary to ensure that the acquisition strategy for each MDAP provides for competitive prototypes before Milestone B approval, unless the milestone decision authority (MDA) for that MDAP waives such requirement. Allows the MDA to waive the requirement only on the basis that: (1) the cost of producing competitive prototypes exceeds the expected life-cycle benefits of producing the prototypes; or (2) but for such waiver, DOD would be unable to meet critical national security objectives. Requires: (1) the defense and appropriations committees to be notified within 30 days after such a waiver; (2) the CG to be notified of such a waiver and its rationale; and (3) the CG to review such rationale, and report review results to the defense and appropriations committees.
 
(Sec. 204) Requires a MDA, within 30 days after receiving notification from a program manager that the MDAP is experiencing cost or schedule delays of 25% or more, to report to the defense and appropriations committees identifying: (1) the root causes of the cost or schedule growth; and (2) appropriate acquisition performance measures for the remainder of the MDAP's development. Requires such report to also include either: (1) a certification of the necessity of the MDAP; or (2) a plan for terminating MDAP development or withdrawing Milestone A or Key Decision Point A approval.
 
(Sec. 205) Directs a MDA who waives certain program certification requirements normally necessary before Milestone B or Key Decision Point B approval to, at least annually, review that MDAP to determine the extent to which it currently meets the waived requirements. Requires the current certification status of such MDAPs to be included in annual DOD budget justification documents.
 
Requires a MDA to have received a preliminary design review and conducted a formal post-preliminary design review assessment before the MDAP may receive Milestone B or Key Decision Point B approval.
 
Directs the MDA, for each MDAP that has not received Milestone C or Key Decision Point C approval, to: (1) determine whether or not the program satisfies specified certification components; and (2) annually review its progress in satisfying such components. Requires the current certification status of such MDAPs to be included in annual DOD budget justification documents.
 
Directs the official assigned oversight of performance assessment, with respect to MDAPs that are restructured after experiencing critical cost growth and certified as necessary to continue, to annually review and assess the MDAP's success in achieving adequate program performance.
 
(Sec. 206) Directs the Secretary, if the acquisition or procurement unit cost of an MDAP or designated major subprogram increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, to: (1) determine the root causes for the cost growth; and (2) terminate the program, unless the Secretary notifies Congress of the decision not to terminate. Allows such a program or subprogram to be continued only under limited conditions, including a certification that the program is essential to national security and there are no alternatives which will provide acceptable military capability at less cost. Allows a program to be restructured in a manner that addresses the root causes of the critical cost growth. Provides that when a program is restructured, the next Selected Acquisition Report for the program after the restructuring shall contain a description of all funding changes made in the budget as a result of the program's cost growth. Requires the Secretary to report to Congress on terminated programs.
 
(Sec. 207) Directs the Secretary to revise the Defense Supplement to the Federal Acquisition Regulation to provide guidance and tighten existing requirements concerning organizational conflicts of interest by contractors in MDAPs. Requires the Panel on Contracting Integrity (established under the John Warner National Defense Authorization Act for Fiscal Year 2007) to present recommendations to the Secretary on measures to eliminate or mitigate organizational conflicts of interest in MDAPs. Directs the Panel to continue to serve until at least the end of 2011.
 

Title III: Additional Acquisition Provisions 
- (Sec. 301) Requires the Secretary to carry out a program to recognize excellent performance by individuals and teams of members of the Armed Forces and civilian DOD personnel in the acquisition of products and services. Authorizes cash bonuses as part of the program.
 
(Sec. 302) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to require additional discussions and recommendations within a required report from the Secretary to the defense committees on DOD implementation of earned value management.
 
(Sec. 303) Includes as a national security objective of the national technology and industrial base maintaining critical design skills to ensure that the Armed Forces are provided with systems capable of ensuring technological superiority over potential adversaries. Requires periodic defense capability assessments to consider the effects of the termination of MDAPs.
 
(Sec. 304) Requires the CG to report to the defense and appropriations committees on: (1) growth in operating and support costs for major weapon systems; and (2) the results of a review of weaknesses in operations affecting the reliability of financial information on systems and assets to be acquired under MDAPs.


Legislative actions:
action_date: 2009-05-22
text: Became Public Law No: 111-23.
action_date: 2009-05-22
text: Became Public Law No: 111-23.
action_date: 2009-05-22
text: Signed by President.
action_date: 2009-05-22
text: Signed by President.
action_date: 2009-05-21
text: Presented to President.
action_date: 2009-05-21
text: Presented to President.
action_date: 2009-05-21
text: Cleared for White House.
action_date: 2009-05-21
text: Motions to reconsider laid on the table Agreed to without objection.
action_date: 2009-05-21
text: On agreeing to the conference report Agreed to by the Yeas and Nays: 411 - 0 (Roll no. 286). (consideration: CR H5912)
action_date: 2009-05-21
text: Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 411 - 0 (Roll no. 286).(consideration: CR H5912)
action_date: 2009-05-21
text: The previous question was ordered pursuant to the rule. (consideration: CR H5912)
action_date: 2009-05-21
text: DEBATE - The House proceeded with 1 hour of debate on the conference report to accompany S. 454.
action_date: 2009-05-21
text: Mr. Skelton brought up conference report H. Rept. 111-124 for consideration under the provisions of H. Res. 463. (consideration: CR H5907-5912)
action_date: 2009-05-20
text: Message on Senate action sent to the House.
action_date: 2009-05-20
text: Senate agreed to conference report by Yea-Nay Vote. 95 - 0. Record Vote Number: 197.
action_date: 2009-05-20
text: Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 95 - 0. Record Vote Number: 197.
action_date: 2009-05-20
text: Conference report considered in Senate. (consideration: CR S5683-5685)
action_date: 2009-05-20
text: Conference papers: Senate report and manager's statement and official papers held at the desk in Senate.
action_date: 2009-05-20
text: Conference report H. Rept. 111-124 filed. (text of conference report: CR H5795-5805)
action_date: 2009-05-20
text: Conference report filed: Conference report H. Rept. 111-124 filed.(text of conference report: CR H5795-5805)
action_date: 2009-05-19
text: Conferees agreed to file conference report.
action_date: 2009-05-19
text: Conference committee actions: Conferees agreed to file conference report.
action_date: 2009-05-15
text: Message on Senate action sent to the House.
action_date: 2009-05-14
text: Senate disagreed to House amendment, agreed to request for conference, and appointed conferees. Levin; Kennedy; Byrd; Lieberman; Reed; Akaka; Nelson FL; Nelson NE; Bayh; Webb; McCaskill; Udall CO; Hagan; Begich; Burris; McCain; Inhofe; Sessions; Chambliss; Graham; Thune; Martinez; Wicker; Burr; Vitter; Collins. (consideration: CR S5495-5496)
action_date: 2009-05-14
text: Message on House action received in Senate and at desk: House amendment to Senate bill and House requests a conference.
action_date: 2009-05-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-05-13
text: On motion to authorize conferees to close meetings Agreed to by the Yeas and Nays: 409 - 11 (Roll no. 254).
action_date: 2009-05-13
text: Mr. Skelton moved that the House authorize conferees to close meetings. (consideration: CR H5550)
action_date: 2009-05-13
text: The Speaker appointed conferees: Skelton, Spratt, Ortiz, Taylor, Abercrombie, Reyes, Snyder, Smith (WA), Sanchez, Loretta, McIntyre, Tauscher, Brady (PA), Andrews, Davis (CA), Langevin, Cooper, Ellsworth, Sestak, McHugh, Bartlett, McKeon, Thornberry, Jones, Akin, Forbes, Miller (FL), Wilson (SC), Conaway, Hunter, and Coffman (CO).
action_date: 2009-05-13
text: On motion that the House insist upon its amendment, and request a conference Agreed to without objection.
action_date: 2009-05-13
text: Pursuant to H. Res. 432, the House insisted on its amendment and requested a conference. (consideration: CR H5549-5550)
action_date: 2009-05-13
text: On passage Passed pursuant to H. Res. 432.
action_date: 2009-05-13
text: Passed/agreed to in House: On passage Passed pursuant to H. Res. 432.
action_date: 2009-05-13
text: The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 2101 pursuant to H. Res. 432.
action_date: 2009-05-13
text: Considered pursuant to H.Res. 432. (consideration: CR H5539-5549, H5549-5550; text of measure as received in House: CR H5539-5549)
action_date: 2009-05-13
text: Consideration initiated pursuant to H.Res. 432.
action_date: 2009-05-07
text: Held at the desk.
action_date: 2009-05-07
text: Message on Senate action sent to the House.
action_date: 2009-05-07
text: Received in the House.
action_date: 2009-05-07
text: Passed Senate with an amendment by Yea-Nay Vote. 93 - 0. Record Vote Number: 186. (text: CR S5260-5266)
action_date: 2009-05-07
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 93 - 0. Record Vote Number: 186.(text: CR S5260-5266)
action_date: 2009-05-07
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2009-05-07
text: Considered by Senate. (consideration: CR S5256-5267)
action_date: 2009-05-06
text: Measure laid before Senate by unanimous consent. (consideration: CR S5205-5225; text of measure as reported in Senate: CR S5205-5209)
action_date: 2009-04-02
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 45.
action_date: 2009-04-02
text: Committee on Armed Services. Reported by Senator Levin with an amendment in the nature of a substitute. Without written report.
action_date: 2009-04-02
text: Committee on Armed Services. Reported by Senator Levin with an amendment in the nature of a substitute. Without written report.
action_date: 2009-04-02
text: Committee on Armed Services. Ordered to be reported with an amendment favorably.
action_date: 2009-03-03
text: Committee on Armed Services. Hearings held. Hearings printed: S.Hrg. 111-149.
action_date: 2009-02-23
text: Read twice and referred to the Committee on Armed Services.
action_date: 2009-02-23
text: Sponsor introductory remarks on measure. (CR S2366-2368)
action_date: 2009-02-23
text: Introduced in Senate

Enacted as: number: 111-23