[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 454 Engrossed in Senate (ES)]

111th CONGRESS
  1st Session
                                 S. 454

_______________________________________________________________________

                                 AN ACT


 
To improve the organization and procedures of the Department of Defense 
  for the acquisition of major weapon systems, and for other purposes.

    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 ``Weapon Systems 
Acquisition Reform Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                   TITLE I--ACQUISITION ORGANIZATION

Sec. 101. Reports on systems engineering capabilities of the Department 
                            of Defense.
Sec. 102. Director of Developmental Test and Evaluation.
Sec. 103. Assessment of technological maturity of critical technologies 
                            of major defense acquisition programs by 
                            the Director of Defense Research and 
                            Engineering.
Sec. 104. Director of Independent Cost Assessment.
Sec. 105. Role of the commanders of the combatant commands in 
                            identifying joint military requirements.
Sec. 106. Clarification of submittal of certification of adequacy of 
                            budgets by the Director of the Department 
                            of Defense Test Resource Management Center.
                      TITLE II--ACQUISITION POLICY

Sec. 201. Consideration of trade-offs among cost, schedule, and 
                            performance in the acquisition of major 
                            weapon systems.
Sec. 202. Preliminary design review and critical design review for 
                            major defense acquisition programs.
Sec. 203. Ensuring competition throughout the life cycle of major 
                            defense acquisition programs.
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. Earned Value Management.
Sec. 208. Expansion of national security objectives of the national 
                            technology and industrial base.
Sec. 209. Plan for elimination of weaknesses in operations that hinder 
                            capacity to assemble and assess reliable 
                            cost information on acquired assets under 
                            major defense acquisition programs.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``congressional defense committees'' has the 
        meaning given that term in section 101(a)(16) of title 10, 
        United States Code.
            (2) The term ``major defense acquisition program'' has the 
        meaning given that term in section 2430 of title 10, United 
        States Code.

                   TITLE I--ACQUISITION ORGANIZATION

SEC. 101. REPORTS ON SYSTEMS ENGINEERING CAPABILITIES OF THE DEPARTMENT 
              OF DEFENSE.

    (a) Reports by Service Acquisition Executives.--Not later than 180 
days after the date of the enactment of this Act, the service 
acquisition executive of each military department shall submit to the 
Under Secretary of Defense for Acquisition, Technology, and Logistics a 
report setting forth the following:
            (1) A description of the extent to which such military 
        department has in place development planning organizations and 
        processes staffed by adequate numbers of personnel with 
        appropriate training and expertise to ensure that--
                    (A) key requirements, acquisition, and budget 
                decisions made for each major weapon system prior to 
                Milestones A and B are supported by a rigorous systems 
                analysis and systems engineering process;
                    (B) the systems engineering strategy for each major 
                weapon system includes a robust program for improving 
                reliability, availability, maintainability, and 
                sustainability as an integral part of design and 
                development; and
                    (C) systems engineering requirements, including 
                reliability, availability, maintainability, and 
                sustainability requirements, are identified during the 
                Joint Capabilities Integration Development System 
                process and incorporated into contract requirements for 
                each major weapon system.
            (2) A description of the actions that such military 
        department has taken, or plans to take, to--
                    (A) establish needed development planning and 
                systems engineering organizations and processes; and
                    (B) attract, develop, retain, and reward systems 
                engineers with appropriate levels of hands-on 
                experience and technical expertise to meet the needs of 
                such military department.
    (b) Report by Under Secretary of Defense for Acquisition, 
Technology, and Logistics.--Not later than 270 days after the date of 
the enactment of this Act, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives a report on the system engineering 
capabilities of the Department of Defense. The report shall include, at 
a minimum, the following:
            (1) An assessment by the Under Secretary of the reports 
        submitted by the service acquisition executives pursuant to 
        subsection (a) and of the adequacy of the actions that each 
        military department has taken, or plans to take, to meet the 
        systems engineering and development planning needs of such 
        military department.
            (2) An assessment of each of the recommendations of the 
        report on Pre-Milestone A and Early-Phase Systems Engineering 
        of the Air Force Studies Board of the National Research 
        Council, including the recommended checklist of systems 
        engineering issues to be addressed prior to Milestones A and B, 
        and the extent to which such recommendations should be 
        implemented throughout the Department of Defense.

SEC. 102. DIRECTOR OF DEVELOPMENTAL TEST AND EVALUATION.

    (a) Establishment of Position.--
            (1) In general.--Chapter 4 of title 10, United States Code, 
        is amended by inserting after section 139b the following new 
        section:
``Sec. 139c. Director of Developmental Test and Evaluation
    ``(a) There is a Director of Developmental Test and Evaluation, who 
shall be appointed by the Secretary of Defense from among individuals 
with an expertise in acquisition and testing.
    ``(b)(1) The Director of Developmental Test and Evaluation shall be 
the principal advisor to the Secretary of Defense and the Under 
Secretary of Defense for Acquisition, Technology, and Logistics on 
developmental test and evaluation in the Department of Defense.
    ``(2) The individual serving as the Director of Developmental Test 
and Evaluation may also serve concurrently as the Director of the 
Department of Defense Test Resource Management Center under section 196 
of this title.
    ``(3) The Director shall be subject to the supervision of the Under 
Secretary of Defense for Acquisition, Technology, and Logistics and 
shall report to the Under Secretary.
    ``(4)(A) The Under Secretary shall provide guidance to the Director 
to ensure that the developmental test and evaluation activities of the 
Department of Defense are fully integrated into and consistent with the 
systems engineering and development processes of the Department.
    ``(B) The guidance under this paragraph shall ensure, at a minimum, 
that--
            ``(i) developmental test and evaluation requirements are 
        fully integrated into the Systems Engineering Master Plan for 
        each major defense acquisition program; and
            ``(ii) systems engineering and development planning 
        requirements are fully considered in the Test and Evaluation 
        Master Plan for each major defense acquisition program.
    ``(c) The Director of Developmental Test and Evaluation shall--
            ``(1) develop policies and guidance for the developmental 
        test and evaluation activities of the Department of Defense 
        (including integration and developmental testing of software);
            ``(2) monitor and review the developmental test and 
        evaluation activities of the major defense acquisition programs 
        and major automated information systems programs of the 
        Department of Defense;
            ``(3) review and approve the test and evaluation master 
        plan for each major defense acquisition program of the 
        Department of Defense;
            ``(4) supervise the activities of the Director of the 
        Department of Defense Test Resource Management Center under 
        section 196 of this title, or carry out such activities if 
        serving concurrently as the Director of Developmental Test and 
        Evaluation and the Director of the Department of Defense Test 
        Resource Management Center under subsection (b)(2);
            ``(5) review the organizations and capabilities of the 
        military departments with respect to developmental test and 
        evaluation and identify needed changes or improvements to such 
        organizations and capabilities; and
            ``(6) perform such other activities relating to the 
        developmental test and evaluation activities of the Department 
        of Defense as the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics may prescribe.
    ``(d) The Director of Developmental Test and Evaluation shall have 
access to all records and data of the Department of Defense (including 
the records and data of each military department) that the Director 
considers necessary in order to carry out the Director's duties under 
this section.
    ``(e)(1) The Director of Developmental Test and Evaluation shall 
submit to Congress each year a report on the developmental test and 
evaluation activities of the major defense acquisition programs and 
major automated information system programs of the of the Department of 
Defense. Each report shall include, at a minimum, the following:
            ``(A) A discussion of any waivers to testing activities 
        included in the Test and Evaluation Master Plan for a major 
        defense acquisition program in the preceding year.
            ``(B) An assessment of the organization and capabilities of 
        the Department of Defense for test and evaluation.
    ``(2) The Secretary of Defense may include in any report submitted 
to Congress under this subsection such comments on such report as the 
Secretary considers appropriate.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of such title is amended by inserting 
        after the item relating to section 139b the following new item:

``139c. Director of Developmental Test and Evaluation.''.
            (3) Conforming amendments.--
                    (A) Section 196(f) of title 10, United States Code, 
                is amended by striking ``the Under Secretary of Defense 
                for Acquisition, Technology, and Logistics'' and all 
                that follows and inserting ``the Under Secretary of 
                Defense for Acquisition, Technology, and Logistics and 
                the Director of Developmental Test and Evaluation.''.
                    (B) Section 139(b) of such title is amended--
                            (i) by redesignating paragraphs (4) through 
                        (6) as paragraphs (5) through (7), 
                        respectively; and
                            (ii) by inserting after paragraph (3) the 
                        following new paragraph (4):
            ``(4) review and approve the test and evaluation master 
        plan for each major defense acquisition program of the 
        Department of Defense;''.
    (b) Reports on Developmental Testing Organizations and Personnel.--
            (1) Reports by service acquisition executives.--Not later 
        than 180 days after the date of the enactment of this Act, the 
        service acquisition executive of each military department shall 
        submit to the Director of Developmental Test and Evaluation a 
        report on the extent to which the test organizations of such 
        military department have in place, or have effective plans to 
        develop, adequate numbers of personnel with appropriate 
        expertise for each purpose as follows:
                    (A) To ensure that testing requirements are 
                appropriately addressed in the translation of 
                operational requirements into contract specifications, 
                in the source selection process, and in the preparation 
                of requests for proposals on all major defense 
                acquisition programs.
                    (B) To participate in the planning of developmental 
                test and evaluation activities, including the 
                preparation and approval of a test and evaluation 
                master plan for each major defense acquisition program.
                    (C) To participate in and oversee the conduct of 
                developmental testing, the analysis of data, and the 
                preparation of evaluations and reports based on such 
                testing.
            (2) First annual report by director of developmental test 
        and evaluation.--The first annual report submitted to Congress 
        by the Director of Developmental Test and Evaluation under 
        section 139c(e) of title 10, United States Code (as added by 
        subsection (a)), shall be submitted not later than one year 
        after the date of the enactment of this Act, and shall include 
        an assessment by the Director of the reports submitted by the 
        service acquisition executives to the Director under paragraph 
        (1).

SEC. 103. ASSESSMENT OF TECHNOLOGICAL MATURITY OF CRITICAL TECHNOLOGIES 
              OF MAJOR DEFENSE ACQUISITION PROGRAMS BY THE DIRECTOR OF 
              DEFENSE RESEARCH AND ENGINEERING.

    (a) Assessment by Director of Defense Research and Engineering.--
            (1) In general.--Section 139a of title 10, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(c)(1) The Director of Defense Research and Engineering shall, in 
consultation with the Director of Developmental Test and Evaluation, 
periodically review and assess the technological maturity and 
integration risk of critical technologies of the major defense 
acquisition programs of the Department of Defense and report on the 
findings of such reviews and assessments to the Under Secretary of 
Defense for Acquisition, Technology, and Logistics.
    ``(2) The Director shall submit to the Secretary of Defense and to 
Congress each year a report on the technological maturity and 
integration risk of critical technologies of the major defense 
acquisition programs of the Department of Defense.''.
            (2) First annual report.--The first annual report under 
        subsection (c)(2) of section 139a of title 10, United States 
        Code (as added by paragraph (1)), shall be submitted to 
        Congress not later than March 1, 2011, and shall address the 
        results of reviews and assessments conducted by the Director of 
        Defense Research and Engineering pursuant to subsection (c)(1) 
        of such section (as so added) during the preceding calendar 
        year.
    (b) Report on Resources for Implementation.--Not later than 120 
days after the date of the enactment of this Act, the Director of 
Defense Research and Engineering shall submit to the congressional 
defense committees a report describing any additional resources, 
including specialized workforce, that may be required by the Director, 
and by other science and technology elements of the Department of 
Defense, to carry out the following:
            (1) The requirements under the amendment made by subsection 
        (a).
            (2) The technological maturity assessments required by 
        section 2366b(a) of title 10, United States Code, as amended by 
        section 202 of this Act.
            (3) The requirements of Department of Defense Instruction 
        5000, as revised.
    (c) Technological Maturity Standards.--For purposes of the review 
and assessment conducted by the Director of Defense Research and 
Engineering in accordance with subsection (c) of section 139a of title 
10, United States Code (as added by subsection (a)), a critical 
technology is considered to be mature--
            (1) in the case of a major defense acquisition program that 
        is being considered for Milestone B approval, if the technology 
        has been demonstrated in a relevant environment; and
            (2) in the case of a major defense acquisition program that 
        is being considered for Milestone C approval, if the technology 
        has been demonstrated in a realistic environment.

SEC. 104. DIRECTOR OF INDEPENDENT COST ASSESSMENT.

    (a) Director of Independent Cost Assessment.--
            (1) In general.--Chapter 4 of title 10, United States Code, 
        as amended by section 102 of this Act, is further amended by 
        inserting after section 139c the following new section:
``Sec. 139d. Director of Independent Cost Assessment
    ``(a) There is a Director of Independent Cost Assessment in the 
Department of Defense, appointed by the President, by and with the 
advice and consent of the Senate. The Director shall be appointed 
without regard to political affiliation and solely on the basis of 
fitness to perform the duties of the Director.
    ``(b) The Director is the principal advisor to the Secretary of 
Defense, the Under Secretary of Defense for Acquisition, Technology, 
and Logistics, and the Under Secretary of Defense (Comptroller) on cost 
estimation and cost analyses for the acquisition programs of the 
Department of Defense and the principal cost estimation official within 
the senior management of the Department of Defense. The Director 
shall--
            ``(1) prescribe, by authority of the Secretary of Defense, 
        policies and procedures for the conduct of cost estimation and 
        cost analysis for the acquisition programs of the Department of 
        Defense;
            ``(2) provide guidance to and consult with the Secretary of 
        Defense, the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics, the Under Secretary of Defense 
        (Comptroller), and the Secretaries of the military departments 
        with respect to cost estimation in the Department of Defense in 
        general and with respect to specific cost estimates and cost 
        analyses to be conducted in connection with a major defense 
        acquisition program under chapter 144 of this title or a major 
        automated information system program under chapter 144A of this 
        title;
            ``(3) establish guidance on confidence levels for cost 
        estimates on major defense acquisition programs, require that 
        all such estimates include confidence levels compliant with 
        such guidance, and require the disclosure of all such 
        confidence levels (including through Selected Acquisition 
        Reports submitted pursuant to section 2432 of this title);
            ``(4) monitor and review all cost estimates and cost 
        analyses conducted in connection with major defense acquisition 
        programs and major automated information system programs; and
            ``(5) conduct 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 this title;
                            ``(ii) any certification under section 
                        2433(e)(2) of this title; and
                            ``(iii) any report under section 2445c(f) 
                        of this title; and
                    ``(B) whenever necessary to ensure that an estimate 
                or analysis under paragraph (4) is unbiased, fair, and 
                reliable.
    ``(c)(1) The Director may communicate views on matters within the 
responsibility of the Director directly to the Secretary of Defense and 
the Deputy Secretary of Defense without obtaining the approval or 
concurrence of any other official within the Department of Defense.
    ``(2) The Director shall consult closely with, but the Director and 
the Director's staff shall be independent of, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics, the Under Secretary 
of Defense (Comptroller), and all other officers and entities of the 
Department of Defense responsible for acquisition and budgeting.
    ``(d)(1) The Secretary of a military department shall report 
promptly to the Director the results of all cost estimates and cost 
analyses conducted by the military department and all studies conducted 
by the military department in connection with cost estimates and cost 
analyses for major defense acquisition programs of the military 
department.
    ``(2) The Director may make comments on cost estimates and cost 
analyses conducted by a military department for a major defense 
acquisition program, request changes in such cost estimates and cost 
analyses to ensure that they are fair and reliable, and develop or 
require the development of independent cost estimates or cost analyses 
for such program, as the Director determines to be appropriate.
    ``(3) The Director shall have access to any records and data in the 
Department of Defense (including the records and data of each military 
department) that the Director considers necessary to review in order to 
carry out the Director's duties under this section.
    ``(e)(1) The Director shall prepare an annual report summarizing 
the cost estimation and cost analysis activities of the Department of 
Defense during the previous year and assessing the progress of the 
Department in improving the accuracy of its costs estimates and 
analyses. The report shall include an assessment of--
            ``(A) the extent to which each of the military departments 
        have complied with policies, procedures, and guidance issued by 
        the Director with regard to the preparation of cost estimates; 
        and
            ``(B) the overall quality of cost estimates prepared by 
        each of the military departments.
    ``(2) Each report under this subsection shall be submitted 
concurrently to the Secretary of Defense, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics, the Under Secretary 
of Defense (Comptroller), and Congress not later than 10 days after the 
transmission of the budget for the next fiscal year under section 1105 
of title 31. The Director shall ensure that a report submitted under 
this subsection does not include any information, such as proprietary 
or source selection sensitive information, that could undermine the 
integrity of the acquisition process. Each report submitted to Congress 
under this subsection shall be posted on an Internet website of the 
Department of Defense that is available to the public.
    ``(3) The Secretary may comment on any report of the Director to 
Congress under this subsection.
    ``(f) The President shall include in the budget transmitted to 
Congress pursuant to section 1105 of title 31 for each fiscal year a 
separate statement of estimated expenditures and proposed 
appropriations for that fiscal year for the Director of Independent 
Cost Assessment in carrying out the duties and responsibilities of the 
Director under this section.
    ``(g) The Secretary of Defense shall ensure that the Director has 
sufficient professional staff of military and civilian personnel to 
enable the Director to carry out the duties and responsibilities of the 
Director under this section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of such title, as so amended, is further 
        amended by inserting after the item relating to section 139c 
        the following new item:

``139d. Director of Independent Cost Assessment.''.
            (3) Executive schedule level iv.--Section 5315 of title 5, 
        United States Code, is amended by inserting after the item 
        relating to the Director of Operational Test and Evaluation, 
        Department of Defense the following new item:
            ``Director of Independent Cost Assessment, Defense of 
        Defense.''.
    (b) Report on Monitoring of Operating and Support Costs for 
MDAPs.--
            (1) Report to secretary of defense.--Not later than one 
        year after the date of the enactment of this Act, the Director 
        of Independent Cost Assessment under section 139d of title 10 
        United States Code (as added by subsection (a)), shall review 
        existing systems and methods of the Department of Defense for 
        tracking and assessing operating and support costs on major 
        defense acquisition programs and submit to the Secretary of 
        Defense a report on the finding and recommendations of the 
        Director as a result of the review, including an assessment by 
        the Director of the feasibility and advisability of 
        establishing baselines for operating and support costs under 
        section 2435 of title 10, United States Code.
            (2) Transmittal to congress.--Not later than 30 days after 
        receiving the report required by paragraph (1), the Secretary 
        shall transmit the report to the congressional defense 
        committees, together with any comments on the report the 
        Secretary considers appropriate.
    (c) Transfer of Personnel and Functions of Cost Analysis 
Improvement Group.--The personnel and functions of the Cost Analysis 
Improvement Group of the Department of Defense are hereby transferred 
to the Director of Independent Cost Assessment under section 139d of 
title 10, United States Code (as so added), and shall report directly 
to the Director.
    (d) Conforming Amendments.--
            (1) Section 181(d) of title 10, United States Code, is 
        amended by inserting ``the Director of Independent Cost 
        Assessment,'' before ``and the Director''.
            (2) Section 2306b(i)(1)(B) of such title is amended by 
        striking ``Cost Analysis Improvement Group of the Department of 
        Defense'' and inserting ``Director of Independent Cost 
        Assessment''.
            (3) Section 2366a(a)(4) of such title is amended by 
        striking ``has been submitted'' and inserting ``has been 
        approved by the Director of Independent Cost Assessment''.
            (4) Section 2366b(a)(1)(C) of such title is amended by 
        striking ``have been developed to execute'' and inserting 
        ``have been approved by the Director of Independent Cost 
        Assessment to provide for the execution of''.
            (5) Section 2433(e)(2)(B)(iii) of such title is amended by 
        striking ``are reasonable'' and inserting ``have been 
        determined by the Director of Independent Cost Assessment to be 
        reasonable''.
            (6) Subparagraph (A) of section 2434(b)(1) of such title is 
        amended to read as follows:
                    ``(A) be prepared or approved by the Director of 
                Independent Cost Assessment; and''.
            (7) Section 2445c(f)(3) of such title is amended by 
        striking ``are reasonable'' and inserting ``have been 
        determined by the Director of Independent Cost Assessment to be 
        reasonable''.
    (e) Comptroller General of the United States Review of Operating 
and Support Costs of Major Weapon Systems.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit to the congressional defense 
        committees a report on growth in operating and support costs 
        for major weapon systems.
            (2) Elements.--In preparing the report required by 
        paragraph (1), the Comptroller General shall, at a minimum--
                    (A) identify the original estimates for operating 
                and support costs for major weapon systems selected by 
                the Comptroller General for purposes of the report;
                    (B) assess the actual operating and support costs 
                for such major weapon systems;
                    (C) analyze the rate of growth for operating and 
                support costs for such major weapon systems;
                    (D) for such major weapon systems that have 
                experienced the highest rate of growth in operating and 
                support costs, assess the factors contributing to such 
                growth;
                    (E) assess measures taken by the Department of 
                Defense to reduce operating and support costs for major 
                weapon systems; and
                    (F) make such recommendations as the Comptroller 
                General considers appropriate.
            (3) Major weapon system defined.--In this subsection, the 
        term ``major weapon system'' has the meaning given that term in 
        2379(d) of title 10, United States Code.

SEC. 105. ROLE OF THE COMMANDERS OF THE COMBATANT COMMANDS IN 
              IDENTIFYING JOINT MILITARY REQUIREMENTS.

    (a) In General.--Section 181 of title 10, United States Code, as 
amended by section 104(d)(1) of this Act, is further amended--
            (1) by redesignating subsections (e), (f), and (g) as 
        subsections (f), (g), and (h), respectively; and
            (2) by adding after subsection (d) the following new 
        subsection (e):
    ``(e) Input From Combatant Commanders on Joint Military 
Requirements.--The Council shall seek and consider input from the 
commanders of the combatant commands in carrying out its mission under 
paragraphs (1) and (2) of subsection (b) and in conducting periodic 
reviews in accordance with the requirements of subsection (f). Such 
input may include, but is not limited to, an assessment of the 
following:
            ``(1) Any current or projected missions or threats in the 
        theater of operations of the commander of a combatant command 
        that would justify a new joint military requirement.
            ``(2) The necessity and sufficiency of a proposed joint 
        military requirement in terms of current and projected missions 
        or threats.
            ``(3) The relative priority of a proposed joint military 
        requirement in comparison with other joint military 
        requirements.
            ``(4) The ability of partner nations in the theater of 
        operations of the commander of a combatant command to assist in 
        meeting the joint military requirement or to partner in using 
        technologies developed to meet the joint military 
        requirement.''.
    (b) Comptroller General of the United States Review of 
Implementation.--Not later than two years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the implementation of the 
requirements of subsection (e) of section 181 of title 10, United 
States Code (as amended by subsection (a)), for the Joint Requirements 
Oversight Council to solicit and consider input from the commanders of 
the combatant commands. The report shall include, at a minimum, an 
assessment of the extent to which the Council has effectively sought, 
and the commanders of the combatant commands have provided, meaningful 
input on proposed joint military requirements.

SEC. 106. CLARIFICATION OF SUBMITTAL OF CERTIFICATION OF ADEQUACY OF 
              BUDGETS BY THE DIRECTOR OF THE DEPARTMENT OF DEFENSE TEST 
              RESOURCE MANAGEMENT CENTER.

    Section 196(e)(2) of title 10, United States Code, is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph (B):
    ``(B) If the Director of the Center is not serving concurrently as 
the Director of Developmental Test and Evaluation under subsection 
(b)(2) of section 139c of this title, the certification of the Director 
of the Center under subparagraph (A) shall, notwithstanding subsection 
(c)(4) of such section, be submitted directly and independently to the 
Secretary of Defense.''.

                      TITLE II--ACQUISITION POLICY

SEC. 201. CONSIDERATION OF TRADE-OFFS AMONG COST, SCHEDULE, AND 
              PERFORMANCE IN THE ACQUISITION OF MAJOR WEAPON SYSTEMS.

    (a) Consideration of Trade-Offs.--
            (1) In general.--The Secretary of Defense shall develop and 
        implement mechanisms to ensure that trade-offs between cost, 
        schedule, and performance are considered as part of the process 
        for developing requirements for major weapon systems.
            (2) Elements.--The mechanisms required under this 
        subsection shall ensure, at a minimum, that--
                    (A) Department of Defense officials responsible for 
                acquisition, budget, and cost estimating functions are 
                provided an appropriate opportunity to develop 
                estimates and raise cost and schedule matters before 
                performance requirements are established for major 
                weapon systems; and
                    (B) consideration is given to fielding major weapon 
                systems through incremental or spiral acquisition, 
                while deferring technologies that are not yet mature, 
                and capabilities that are likely to significantly 
                increase costs or delay production, until later 
                increments or spirals.
            (3) Major weapons system defined.--In this subsection, the 
        term ``major weapon system'' has the meaning given that term in 
        section 2379(d) of title 10, United States Code.
    (b) Duties of Joint Requirements Oversight Council.--Section 
181(b)(1) of title 10, United States Code, is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) in ensuring the consideration of trade-offs 
                among cost, schedule and performance for joint military 
                requirements in consultation with the advisors 
                specified in subsection (d);''.
    (c) Review of Joint Military Requirements.--
            (1) JROC submittal of recommended requirements to under 
        secretary for atl.--Upon recommending a new joint military 
        requirement, the Joint Requirements Oversight Council shall 
        transmit the recommendation to the Under Secretary of Defense 
        for Acquisition, Technology, and Logistics for review and 
        concurrence or non-concurrence in the recommendation.
            (2) Review of recommended requirements.--The Under 
        Secretary for Acquisition, Technology, and Logistics shall 
        review each recommendation transmitted under paragraph (1) to 
        determine whether or not the Joint Requirements Oversight 
        Council has, in making such recommendation--
                    (A) taken appropriate action to solicit and 
                consider input from the commanders of the combatant 
                commands in accordance with the requirements of section 
                181(e) of title 10, United States Code (as amended by 
                section 105);
                    (B) given appropriate consideration to trade-offs 
                among cost, schedule, and performance in accordance 
                with the requirements of section 181(b)(1)(C) of title 
                10, United States Code (as amended by subsection (b)); 
                and
                    (C) given appropriate consideration to issues of 
                joint portfolio management, including alternative 
                material and non-material solutions, as provided in 
                Chairman of the Joint Chiefs of Staff Instruction 
                3170.01G.
            (3) Non-concurrence of under secretary for atl.--If the 
        Under Secretary for Acquisition, Technology, and Logistics 
        determines that the Joint Requirements Oversight Council has 
        failed to take appropriate action in accordance with 
        subparagraphs (A), (B), and (C) of paragraph (2) regarding a 
        joint military requirement, the Under Secretary shall return 
        the recommendation to the Council with specific recommendations 
        as to matters to be considered by the Council to address any 
        shortcoming identified by the Under Secretary in the course of 
        the review under paragraph (2).
            (4) Notice on continuing disagreement on requirement.--If 
        the Under Secretary for Acquisition, Technology, and Logistics 
        and the Joint Requirements Oversight Council are unable to 
        reach agreement on a joint military requirement that has been 
        returned to the Council by the Under Secretary under paragraph 
        (4), the Under Secretary shall transmit notice of lack of 
        agreement on the requirement to the Secretary of Defense.
            (5) Resolution of continuing disagreement.--Upon receiving 
        notice under paragraph (4) of a lack of agreement on a joint 
        military requirement, the Secretary of Defense shall make a 
        final determination on whether or not to validate the 
        requirement.
    (d) Analysis of Alternatives.--
            (1) Requirement at material solution analysis phase.--The 
        Under Secretary of Defense for Acquisition, Technology, and 
        Logistics shall ensure that Department of Defense guidance on 
        major defense acquisition programs requires the Milestone 
        Decision Authority to conduct an analysis of alternatives (AOA) 
        during the Material Solution Analysis Phase of each major 
        defense acquisition program.
            (2) Elements.--Each analysis of alternatives under 
        paragraph (1) shall, at a minimum--
                    (A) solicit and consider alternative approaches 
                proposed by the military departments and Defense 
                Agencies to meet joint military requirements; and
                    (B) give full consideration to possible trade-offs 
                between cost, schedule, and performance for each of the 
                alternatives so considered.
    (e) Duties of Milestone Decision Authority.--Section 2366b(a)(1)(B) 
of title 10, United States Code, is amended by inserting ``appropriate 
trade-offs between cost, schedule, and performance have been made to 
ensure that'' before ``the program is affordable''.

SEC. 202. PRELIMINARY DESIGN REVIEW AND CRITICAL DESIGN REVIEW FOR 
              MAJOR DEFENSE ACQUISITION PROGRAMS.

    (a) Preliminary Design Review.--Section 2366b(a) of title 10, 
United States Code, as amended by section 201(d) of this Act, is 
further amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) has received a preliminary design review (PDR) and 
        conducted a formal post-preliminary design review assessment, 
        and certifies on the basis of such assessment that the program 
        demonstrates a high likelihood of accomplishing its intended 
        mission; and''; and
            (4) in paragraph (3), as redesignated by paragraph (2) of 
        this section--
                    (A) in subparagraph (D), by striking the semicolon 
                and inserting ``, as determined by the Milestone 
                Decision Authority on the basis of an independent 
                review and assessment by the Director of Defense 
                Research and Engineering; and'';
                    (B) by striking subparagraph (E); and
                    (C) by redesignating subparagraph (F) as 
                subparagraph (E).
    (b) Critical Design Review.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall ensure that Department of 
Defense guidance on major defense acquisition programs requires a 
critical design review and a formal post-critical design review 
assessment for each major defense acquisition program to ensure that 
such program has attained an appropriate level of design maturity 
before such program is approved for System Capability and Manufacturing 
Process Development.

SEC. 203. ENSURING COMPETITION THROUGHOUT THE LIFE CYCLE OF MAJOR 
              DEFENSE ACQUISITION PROGRAMS.

    (a) Ensuring Competition.--The Secretary of Defense shall ensure 
that the acquisition plan for each major defense acquisition program 
includes measures to ensure competition, or the option of competition, 
at both the prime contract level and the subcontract level of such 
program throughout the life cycle of such program as a means to 
incentivize contractor performance.
    (b) Measures To Ensure Competition.--The measures to ensure 
competition, or the option of competition, utilized for purposes of 
subsection (a) may include, but are not limited to, measures to achieve 
the following, in appropriate cases where such measures are cost-
effective:
            (1) Competitive prototyping.
            (2) Dual-sourcing.
            (3) Funding of a second source for interchangeable, next-
        generation prototype systems or subsystems.
            (4) Utilization of modular, open architectures to enable 
        competition for upgrades.
            (5) Periodic competitions for subsystem upgrades.
            (6) Licensing of additional suppliers.
            (7) Requirements for Government oversight or approval of 
        make or buy decisions to ensure competition at the subsystem 
        level.
            (8) Periodic system or program reviews to address long-term 
        competitive effects of program decisions.
            (9) Consideration of competition at the subcontract level 
        and in make or buy decisions as a factor in proposal 
        evaluations.
    (c) Competitive Prototyping.--The Secretary of Defense shall modify 
the acquisition regulations of the Department of Defense to ensure with 
respect to competitive prototyping for major defense acquisition 
programs the following:
            (1) That the acquisition strategy for each major defense 
        acquisition program provides for two or more competing teams to 
        produce prototypes before Milestone B approval (or Key Decision 
        Point B approval in the case of a space program) unless the 
        milestone decision authority for such program waives the 
        requirement on the basis of a determination that--
                    (A) but for such waiver, the Department would be 
                unable to meet critical national security objectives; 
                or
                    (B) the cost of producing competitive prototypes 
                exceeds the potential life-cycle benefits of such 
                competition, including the benefits of improved 
                performance and increased technological and design 
                maturity that may be achieved through prototyping.
            (2) That if the milestone decision authority waives the 
        requirement for prototypes produced by two or more teams for a 
        major defense acquisition program under paragraph (1), the 
        acquisition strategy for the program provides for the 
        production of at least one prototype before Milestone B 
        approval (or Key Decision Point B approval in the case of a 
        space program) unless the milestone decision authority waives 
        such requirement on the basis of a determination that--
                    (A) but for such waiver, the Department would be 
                unable to meet critical national security objectives; 
                or
                    (B) the cost of producing a prototype exceeds the 
                potential life-cycle benefits of such prototyping, 
                including the benefits of improved performance and 
                increased technological and design maturity that may be 
                achieved through prototyping.
            (3) That whenever a milestone decision authority authorizes 
        a waiver under paragraph (1) or (2), the waiver, the 
        determination upon which the waiver is based, and the reasons 
        for the determination are submitted in writing to the 
        congressional defense committees not later than 30 days after 
        the waiver is authorized.
            (4) That prototypes may be required under paragraph (1) or 
        (2) for the system to be acquired or, if prototyping of the 
        system is not feasible, for critical subsystems of the system.
    (d) Comptroller General of the United States Review of Certain 
Waivers.--
            (1) Notice to comptroller general.--Whenever a milestone 
        decision authority authorizes a waiver of the requirement for 
        prototypes under paragraph (1) or (2) of subsection (c) on the 
        basis of excessive cost, the milestone decision authority shall 
        submit a notice on the waiver, together with the rational for 
        the waiver, to the Comptroller General of the United States at 
        the same time a report on the waiver is submitted to the 
        congressional defense committees under paragraph (3) of that 
        subsection.
            (2) Comptroller general review.--Not later than 60 days 
        after receipt of a notice on a waiver under paragraph (1), the 
        Comptroller General shall--
                    (A) review the rationale for the waiver; and
                    (B) submit to the congressional defense committees 
                a written assessment of the rationale for the waiver.
    (e) Applicability.--This section shall apply to any acquisition 
plan for a major defense acquisition program that is developed or 
revised on or after the date that is 60 days after the date of the 
enactment of this Act.

SEC. 204. CRITICAL COST GROWTH IN MAJOR DEFENSE ACQUISITION PROGRAMS.

    (a) Authorized Actions in Event of Critical Cost Growth.--Section 
2433(e)(2) of title 10, United States Code, is amended--
            (1) by redesignating subparagraph (C) as subparagraph (E);
            (2) by striking subparagraph (B); and
            (3) by inserting after subparagraph (A) the following new 
        subparagraphs (B), (C), and (D):
            ``(B) terminate such acquisition program and submit the 
        report required by subparagraph (D), unless the Secretary 
        determines that the continuation of such program is essential 
        to the national security of the United States and submits a 
        written certification in accordance with subparagraph (C)(i) 
        accompanied by a report setting forth the assessment carried 
        out pursuant to subparagraph (A) and the basis for each 
        determination made in accordance with clauses (I) through (IV) 
        of subparagraph (C)(i), together with supporting documentation;
            ``(C) if the program is not terminated--
                    ``(i) submit to Congress, before the end of the 60-
                day period beginning on the day the Selected 
                Acquisition Report containing the information described 
                in subsection (g) is required to be submitted under 
                section 2432(f) of this title, a written certification 
                stating that--
                            ``(I) such acquisition program is essential 
                        to national security;
                            ``(II) there are no alternatives to such 
                        acquisition program which will provide equal or 
                        greater capability to meet a joint military 
                        requirement (as that term is defined in section 
                        181(h)(1) of this title) at less cost;
                            ``(III) the new estimates of the program 
                        acquisition unit cost or procurement unit cost 
                        were arrived at in accordance with the 
                        requirements of section 139d of this title and 
                        are reasonable; and
                            ``(IV) the management structure for the 
                        acquisition program is adequate to manage and 
                        control program acquisition unit cost or 
                        procurement unit cost;
                    ``(ii) rescind the most recent Milestone approval 
                (or Key Decision Point approval in the case of a space 
                program) for such program and withdraw any associated 
                certification under section 2366a or 2366b of this 
                title; and
                    ``(iii) require a new Milestone approval (or Key 
                Decision Point approval in the case of a space program) 
                for such program before entering into a new contract, 
                exercising an option under an existing contract, or 
                otherwise extending the scope of an existing contract 
                under such program;
            ``(D) if the program is terminated, submit to Congress a 
        written report setting forth--
                    ``(i) an explanation of the reasons for terminating 
                the program;
                    ``(ii) the alternatives considered to address any 
                problems in the program; and
                    ``(iii) the course the Department plans to pursue 
                to meet any continuing joint military requirements 
                otherwise intended to be met by the program; and''.
    (b) Total Expenditure for Procurement Resulting in Treatment as 
MDAP.--Section 2430(a)(2) of such title is amended by inserting ``, 
including all planned increments or spirals,'' after ``an eventual 
total expenditure for procurement''.

SEC. 205. ORGANIZATIONAL CONFLICTS OF INTEREST IN THE ACQUISITION OF 
              MAJOR WEAPON SYSTEMS.

    (a) Revised Regulations Required.--Not later than 180 days after 
the date of the enactment of this Act, the Under Secretary of Defense 
for Acquisition, Technology, and Logistics shall revise the Defense 
Supplement to the Federal Acquisition Regulation to address 
organizational conflicts of interest by contractors in the acquisition 
of major weapon systems.
    (b) Elements.--The revised regulations required by subsection (a) 
shall, at a minimum--
            (1) ensure that the Department of Defense receives advice 
        on systems architecture and systems engineering matters with 
        respect to major weapon systems from federally funded research 
        and development centers or other sources independent of the 
        prime contractor;
            (2) require that a contract for the performance of systems 
        engineering and technical assistance (SETA) functions with 
        regard to a major weapon system contains a provision 
        prohibiting the contractor or any affiliate of the contractor 
        from having a direct financial interest in the development or 
        construction of the weapon system or any component thereof;
            (3) provide for an exception to the requirement in 
        paragraph (2) for an affiliate that is separated from the 
        contractor by structural mechanisms, approved by the Secretary 
        of Defense, that are similar to those required for special 
        security agreements under rules governing foreign ownership, 
        control, or influence over United States companies that have 
        access to classified information, including, at a minimum--
                    (A) establishment of the affiliate as a separate 
                business entity, geographically separated from related 
                entities, with its own employees and management and 
                restrictions on transfers for personnel;
                    (B) a governing board for the affiliate that has 
                organizational separation from related entities and 
                governance procedures that require the board to act 
                solely in the interest of the affiliate, without regard 
                to the interests of related entities, except in 
                specified circumstances;
                    (C) complete informational separation, including 
                the execution of non-disclosure agreements;
                    (D) initial and recurring training on 
                organizational conflicts of interest and protections 
                against organizational conflicts of interest; and
                    (E) annual compliance audits in which Department of 
                Defense personnel are authorized to participate;
            (4) prohibit the use of the exception in paragraph (3) for 
        any category of systems engineering and technical assistance 
        functions (including, but not limited to, advice on source 
        selection matters) for which the potential for an 
        organizational conflict of interest or the appearance of an 
        organizational conflict of interest makes mitigation in 
        accordance with that paragraph an inappropriate approach;
            (5) authorize waiver of the requirement in paragraph (2) in 
        cases in which the agency head determines in writing that--
                    (A) the financial interest of the contractor or its 
                affiliate in the development or construction of the 
                weapon system is not substantial and does not include a 
                prime contract, a first-tier subcontract, or a joint 
                venture or similar relationship with a prime contractor 
                or first-tier subcontractor; or
                    (B) the contractor--
                            (i) has unique systems engineering 
                        capabilities that are not available from other 
                        sources;
                            (ii) has taken appropriate actions to 
                        mitigate any organizational conflict of 
                        interest; and
                            (iii) has made a binding commitment to 
                        comply with the requirement in paragraph (2) by 
                        not later than January 1, 2011; and
            (6) provide for fair and objective ``make-buy'' decisions 
        by the prime contractor on a major weapon system by--
                    (A) requiring prime contractors to give full and 
                fair consideration to qualified sources other than the 
                prime contractor for the development or construction of 
                major subsystems and components of the weapon system;
                    (B) providing for government oversight of the 
                process by which prime contractors consider such 
                sources and determine whether to conduct such 
                development or construction in-house or through a 
                subcontract;
                    (C) authorizing program managers to disapprove the 
                determination by a prime contractor to conduct 
                development or construction in-house rather than 
                through a subcontract in cases in which--
                            (i) the prime contractor fails to give full 
                        and fair consideration to qualified sources 
                        other than the prime contractor; or
                            (ii) implementation of the determination by 
                        the prime contractor is likely to undermine 
                        future competition or the defense industrial 
                        base; and
                    (D) providing for the consideration of prime 
                contractors ``make-buy'' decisions in past performance 
                evaluations.
    (c) Organizational Conflict of Interest Review Board.--
            (1) Establishment required.--Not later than 90 days after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall establish within the Department of Defense a board to be 
        known as the ``Organizational Conflict of Interest Review 
        Board''.
            (2) Duties.--The Board shall have the following duties:
                    (A) To advise the Under Secretary of Defense for 
                Acquisition, Technology, and Logistics on policies 
                relating to organizational conflicts of interest in the 
                acquisition of major weapon systems.
                    (B) To advise program managers on steps to comply 
                with the requirements of the revised regulations 
                required by this section and to address organizational 
                conflicts of interest in the acquisition of major 
                weapon systems.
                    (C) To advise appropriate officials of the 
                Department on organizational conflicts of interest 
                arising in proposed mergers of defense contractors.
    (d) Major Weapon System Defined.--In this section, the term ``major 
weapon system'' has the meaning given that term in section 2379(d) of 
title 10, United States Code.

SEC. 206. AWARDS FOR DEPARTMENT OF DEFENSE PERSONNEL FOR EXCELLENCE IN 
              THE ACQUISITION OF PRODUCTS AND SERVICES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall commence carrying 
out a program to recognize excellent performance by individuals and 
teams of members of the Armed Forces and civilian personnel of the 
Department of Defense in the acquisition of products and services for 
the Department of Defense.
    (b) Elements.--The program required by subsection (a) shall include 
the following:
            (1) Procedures for the nomination by the personnel of the 
        military departments and the Defense Agencies of individuals 
        and teams of members of the Armed Forces and civilian personnel 
        of the Department of Defense for eligibility for recognition 
        under the program.
            (2) Procedures for the evaluation of nominations for 
        recognition under the program by one or more panels of 
        individuals from the government, academia, and the private 
        sector who have such expertise, and are appointed in such 
        manner, as the Secretary shall establish for purposes of the 
        program.
    (c) Award of Cash Bonuses.--As part of the program required by 
subsection (a), the Secretary may award to any individual recognized 
pursuant to the program a cash bonus authorized by any other provision 
of law to the extent that the performance of such individual so 
recognized warrants the award of such bonus under such provision of 
law.

SEC. 207. EARNED VALUE MANAGEMENT.

    (a) Enhanced Tracking of Contractor Performance.--Not later than 
180 days after the date of the enactment of this Act, the Under 
Secretary of Defense for Acquisition, Technology, and Logistics shall 
review the existing guidance and, as necessary, prescribe additional 
guidance governing the implementation of the Earned Value Management 
(EVM) requirements and reporting for contracts to ensure that the 
Department of Defense--
            (1) applies uniform EVM standards to reliably and 
        consistently measure contract or project performance;
            (2) applies such standards to establish appropriate 
        baselines at the award of a contract or commencement of a 
        program, whichever is earlier;
            (3) ensures that personnel responsible for administering 
        and overseeing EVM systems have the training and qualifications 
        needed to perform this function; and
            (4) has appropriate mechanisms in place to ensure that 
        contractors establish and use approved EVM systems.
    (b) Enforcement Mechanisms.--For the purposes of subsection (a)(4), 
mechanisms to ensure that contractors establish and use approved EVM 
systems shall include--
            (1) consideration of the quality of the contractors' EVM 
        systems and the timeliness of the contractors' EVM reporting in 
        any past performance evaluation for a contract that includes an 
        EVM requirement; and
            (2) increased government oversight of the cost, schedule, 
        scope, and performance of contractors that do not have approved 
        EVM systems in place.

SEC. 208. EXPANSION OF NATIONAL SECURITY OBJECTIVES OF THE NATIONAL 
              TECHNOLOGY AND INDUSTRIAL BASE.

    (a) In General.--Subsection (a) of section 2501 of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
            ``(6) Maintaining critical design skills to ensure that the 
        armed forces are provided with systems capable of ensuring 
        technological superiority over potential adversaries.''.
    (b) Notification of Congress Upon Termination of Mdaps of Effects 
on National Security Objectives.--Such section is further amended by 
adding at the end the following new subsection:
    ``(c) Notification of Congress Upon Termination of Major Defense 
Acquisition Program of Effects on Objectives.--(1) Upon the termination 
of a major defense acquisition program, the Secretary of Defense shall 
notify Congress of the effects of such termination on the national 
security objectives for the national technology and industrial base set 
forth in subsection (a), and the measures, if any, that have been taken 
or should be taken to mitigate those effects.
    ``(2) In this subsection, the term `major defense acquisition 
program' has the meaning given that term in section 2430 of this 
title.''.

SEC. 209. PLAN FOR ELIMINATION OF WEAKNESSES IN OPERATIONS THAT HINDER 
              CAPACITY TO ASSEMBLE AND ASSESS RELIABLE COST INFORMATION 
              ON ACQUIRED ASSETS UNDER MAJOR DEFENSE ACQUISITION 
              PROGRAMS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Chief Management Officer of the Department 
of Defense shall submit to Congress a report setting forth a plan to 
identify and address weaknesses in operations that hinder the capacity 
to assemble and assess reliable cost information on the systems and 
assets to be acquired under major defense acquisition programs.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) Mechanisms to identify any weaknesses in operations 
        under major defense acquisition programs that hinder the 
        capacity to assemble and assess reliable cost information on 
        the systems and assets to be acquired under such programs in 
        accordance with applicable accounting standards.
            (2) Mechanisms to address weaknesses in operations under 
        major defense acquisition programs identified pursuant to the 
        utilization of the mechanisms set forth under paragraph (1).
            (3) A description of the proposed implementation of the 
        mechanisms set forth pursuant to paragraph (2) to address the 
        weaknesses described in that paragraph, including--
                    (A) the actions to be taken to implement such 
                mechanisms;
                    (B) a schedule for carrying out such mechanisms; 
                and
                    (C) metrics for assessing the progress made in 
                carrying out such mechanisms.
            (4) A description of the organization and resources 
        required to carry out mechanisms set forth pursuant to 
        paragraphs (1) and (2).
            (5) In the case of the financial management practices of 
        each military department applicable to major defense 
        acquisition programs--
                    (A) a description of any weaknesses in such 
                practices; and
                    (B) a description of the actions to be taken to 
                remedy such weaknesses.
    (c) Consultation.--
            (1) In general.--In preparing the report required by 
        subsection (a), the Chief Management Officer of the Department 
        of Defense shall seek and consider input from each of the 
        following:
                    (A) The Chief Management Officer of the Department 
                of the Army.
                    (B) The Chief Management Officer of the Department 
                of the Navy.
                    (C) The Chief Management Officer of the Department 
                of the Air Force.
            (2) Financial management practices.--In preparing for the 
        report required by subsection (a) the matters covered by 
        subsection (b)(5) with respect to a particular military 
        department, the Chief Management Officer of the Department of 
        Defense shall consult specifically with the Chief Management 
        Officer of the military department concerned.

            Passed the Senate May 7, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                                 S. 454

_______________________________________________________________________

                                 AN ACT

To improve the organization and procedures of the Department of Defense 
  for the acquisition of major weapon systems, and for other purposes.