HR 2101

HR 2101 IH

To promote reform and independence in the oversight of weapons system acquisition by the Department of Defense.

April 27, 2009

Mr. SKELTON (for himself, Mr. MCHUGH, Mr. ANDREWS, Mr. SPRATT, Mr. CONAWAY, Mr. COFFMAN of Colorado, Mr. SESTAK, Mr. BRADY of Pennsylvania, Mr. FORBES, Mrs. TAUSCHER, Mr. SNYDER, Ms. SHEA-PORTER, and Mr. MASSA) introduced the following bill; which was referred to the Committee on Armed Services

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 Representatives 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 Enhancing 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.

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 Research 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 programs.

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 acquisition 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 following new section:

‘Sec. 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 acquisition oversight function specified in subsection (c). An official may be designated to perform more than one function. The performance of duties pursuant to this section shall not limit or otherwise affect the performance of any other duties assigned to such official by the Secretary or by other officers of the Department responsible for the management and direction of such official except as necessary to satisfy the requirements of subsection (b).

‘(b) Qualifications- In designating an official for a function pursuant to subsection (a), the Secretary shall ensure that the official reports directly to the Secretary in the performance of such function and is--

‘(1) highly expert in matters relating to the function;

‘(2) assigned the appropriate staff and resources necessary to carry out the function;

‘(3) independent from those engaged in the execution of acquisition programs;

‘(4) free of any undue political influence; and

‘(5) free of any personal conflict of interest.

‘(c) Acquisition Oversight Functions- (1) The acquisition oversight functions to be performed by officials designated pursuant to paragraph (1) are as follows:

‘(A) Cost estimation.

‘(B) Systems engineering.

‘(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 program, 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 following new section:

‘Sec. 2334. Acquisition oversight: oversight of cost estimation

‘(a) Issuance of Policies, Procedures, Guidance, and Cost Estimates- The official assigned oversight of cost estimation pursuant to section 145 of this title shall issue the following:

‘(1) Policies and procedures governing the conduct of cost estimation and cost analysis generally for the acquisition programs of the Department of Defense.

‘(2) Guidance relating to cost estimates and cost analyses conducted in connection with major defense acquisition programs under chapter 144 of this title or major automated information system programs 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 acquisition 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 analyses for major defense acquisition programs and major automated information system programs for which the Under Secretary of Defense for Acquisition, Technology, and Logistics is the Milestone Decision 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 production;

‘(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 necessary 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 Departments- The official designated for oversight of cost estimation pursuant to section 145 of this title is authorized--

‘(1) to promptly receive the results of all cost estimates and cost analyses conducted by the military departments, and all studies conducted by the military departments in connection with such cost estimates and cost analyses, for major defense acquisition programs and major automated information systems of the military departments, and to comment 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 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 oversight 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 defense acquisition programs;

‘(2) participate in the discussion of any discrepancies between an independent cost estimate and the cost estimate of a military department for a major defense acquisition program or major automated information system of the Department of Defense;

‘(3) approve or disapprove, at such official’s sole discretion, the confidence level for any cost estimate of a major defense acquisition program or major automated information system of the Department 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 authorization of a multiyear procurement contract for a major defense acquisition program.

‘(d) Relationship to Cost Analysis Improvement Group- The official designated to perform oversight 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 designated to perform oversight of cost estimation pursuant to section 145 of this title shall submit to the congressional defense committees a report on the activities undertaken 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.’.

SEC. 103. OVERSIGHT OF SYSTEMS ENGINEERING.