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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle G—Other Matters

P. L. 114-

House Conference Report. 114-270

SEC. 883. Streamlining of requirements relating to defense business systems.

(a) In general.—

(1) REVISION.—Section 2222 of title 10, United States Code, is amended to read as follows:

Ҥ 2222. Defense business systems: business process reengineering; enterprise architecture; management

“(a) Defense Business Processes Generally.—The Secretary of Defense shall ensure that defense business processes are reviewed, and as appropriate revised, through business process reengineering to match best commercial practices, to the maximum extent practicable, so as to minimize customization of commercial business systems.

“(b) Defense business systems generally.—The Secretary of Defense shall ensure that each covered defense business system developed, deployed, and operated by the Department of Defense—

“(1) supports efficient business processes that have been reviewed, and as appropriate revised, through business process reengineering;

“(2) is integrated into a comprehensive defense business enterprise architecture;

“(3) is managed in a manner that provides visibility into, and traceability of, expenditures for the system; and

“(4) uses an acquisition and sustainment strategy that prioritizes the use of commercial software and business practices.

“(c) Issuance of guidance.—

“(1) SECRETARY OF DEFENSE GUIDANCE.—The Secretary shall issue guidance to provide for the coordination of, and decision making for, the planning, programming, and control of investments in covered defense business systems.

“(2) SUPPORTING GUIDANCE.—The Secretary shall direct the Deputy Chief Management Officer of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Chief Information Officer, and the Chief Management Officer of each of the military departments to issue and maintain supporting guidance, as appropriate and within their respective areas of responsibility, for the guidance of the Secretary issued under paragraph (1).

“(d) Guidance elements.—The guidance issued under subsection (c)(1) shall include the following elements:

“(1) Policy to ensure that the business processes of the Department of Defense are continuously reviewed and revised—

“(A) to implement the most streamlined and efficient business processes practicable; and

“(B) eliminate or reduce the need to tailor commercial off-the-shelf systems to meet or incorporate requirements or interfaces that are unique to the Department of Defense.

“(2) A process to establish requirements for covered defense business systems.

“(3) Mechanisms for the planning and control of investments in covered defense business systems, including a process for the collection and review of programming and budgeting information for covered defense business systems.

“(4) Policy requiring the periodic review of covered defense business systems that have been fully deployed, by portfolio, to ensure that investments in such portfolios are appropriate.

“(5) Policy to ensure full consideration of sustainability and technological refreshment requirements, and the appropriate use of open architectures.

“(6) Policy to ensure that best acquisition and systems engineering practices are used in the procurement and deployment of commercial systems, modified commercial systems, and defense-unique systems to meet Department of Defense missions.

“(e) Defense business enterprise architecture.—

“(1) BLUEPRINT.—The Secretary, working through the Deputy Chief Management Officer of the Department of Defense, shall develop and maintain a blueprint to guide the development of integrated business processes within the Department of Defense. Such blueprint shall be known as the ‘defense business enterprise architecture’.

“(2) PURPOSE.—The defense business enterprise architecture shall be sufficiently defined to effectively guide implementation of interoperable defense business system solutions and shall be consistent with the policies and procedures established by the Director of the Office of Management and Budget.

“(3) ELEMENTS.—The defense business enterprise architecture shall—

“(A) include policies, procedures, business data standards, business performance measures, and business information requirements that apply uniformly throughout the Department of Defense; and

“(B) enable the Department of Defense to—

“(i) comply with all applicable law, including Federal accounting, financial management, and reporting requirements;

“(ii) routinely produce verifiable, timely, accurate, and reliable business and financial information for management purposes;

“(iii) integrate budget, accounting, and program information and systems; and

“(iv) identify whether each existing business system is a part of the business systems environment outlined by the defense business enterprise architecture, will become a part of that environment with appropriate modifications, or is not a part of that environment.

“(4) INTEGRATION INTO INFORMATION TECHNOLOGY ARCHITECTURE.— (A) The defense business enterprise architecture shall be integrated into the information technology enterprise architecture required under subparagraph (B).

“(B) The Chief Information Officer of the Department of Defense shall develop an information technology enterprise architecture. The architecture shall describe a plan for improving the information technology and computing infrastructure of the Department of Defense, including for each of the major business processes conducted by the Department of Defense.

“(f) Defense business council.—

“(1) REQUIREMENT FOR COUNCIL.—The Secretary shall establish a Defense Business Council to provide advice to the Secretary on developing the defense business enterprise architecture, reengineering the Department’s business processes, developing and deploying defense business systems, and developing requirements for defense business systems. The Council shall be chaired by the Deputy Chief Management Officer and the Chief Information Officer of the Department of Defense.

“(2) MEMBERSHIP.—The membership of the Council shall include the following:

“(A) The Chief Management Officers of the military departments, or their designees.

“(B) The following officials of the Department of Defense, or their designees:

“(i) The Under Secretary of Defense for Acquisition, Technology, and Logistics with respect to acquisition, logistics, and installations management processes.

“(ii) The Under Secretary of Defense (Comptroller) with respect to financial management and planning and budgeting processes.

“(iii) The Under Secretary of Defense for Personnel and Readiness with respect to human resources management processes.

“(g) Approvals required for development.—

“(1) INITIAL APPROVAL REQUIRED.—The Secretary shall ensure that a covered defense business system program cannot proceed into development (or, if no development is required, into production or fielding) unless the appropriate approval official (as specified in paragraph (2)) determines that—

“(A) the system has been, or is being, reengineered to be as streamlined and efficient as practicable, and the implementation of the system will maximize the elimination of unique software requirements and unique interfaces;

“(B) the system and business system portfolio are or will be in compliance with the defense business enterprise architecture developed pursuant to subsection (e) or will be in compliance as a result of modifications planned;

“(C) the system has valid, achievable requirements and a viable plan for implementing those requirements (including, as appropriate, market research, business process reengineering, and prototyping activities);

“(D) the system has an acquisition strategy designed to eliminate or reduce the need to tailor commercial off-the-shelf systems to meet unique requirements, incorporate unique requirements, or incorporate unique interfaces to the maximum extent practicable; and

“(E) is in compliance with the Department’s auditability requirements.

"(2) APPROPRIATE OFFICIAL.—For purposes of paragraph (1), the appropriate approval official with respect to a covered defense business system is the following:

“(A) Except as may be provided in subparagraph (C), in the case of a priority defense business system, the Deputy Chief Management Officer of the Department of Defense.

“(B) Except as may be provided in subparagraph (C), for any defense business system other than a priority defense business system—

“(i) in the case of a system of a military department, the Chief Management Officer of that military department; and

“(ii) in the case of a system of a Defense Agency or Department of Defense Field Activity, or a system that will support the business process of more than one military department or Defense Agency or Department of Defense Field Activity, the Deputy Chief Management Officer of the Department of Defense.

“(C) In the case of any defense business system, such official other than the applicable official under subparagraph (A) or (B) as the Secretary designates for such purpose.

“(3) ANNUAL CERTIFICATION.—For any fiscal year in which funds are expended for development or sustainment pursuant to a covered defense business system program, the appropriate approval official shall review the system and certify, certify with conditions, or decline to certify, as the case may be, that it continues to satisfy the requirements of paragraph (1). If the approval official determines that certification cannot be granted, the approval official shall notify the milestone decision authority for the program and provide a recommendation for corrective action.

“(4) OBLIGATION OF FUNDS IN VIOLATION OF REQUIREMENTS.—The obligation of Department of Defense funds for a covered defense business system program that has not been certified in accordance with paragraph (3) is a violation of section 1341(a)(1)(A) of title 31.

“(h) Responsibility of milestone decision authority.—The milestone decision authority for a covered defense business system program shall be responsible for the acquisition of such system and shall ensure that acquisition process approvals are not considered for such system until the relevant certifications and approvals have been made under this section.

“(i) Definitions.—In this section:

“(1) (A) DEFENSE BUSINESS SYSTEM.—The term ‘defense business system’ means an information system that is operated by, for, or on behalf of the Department of Defense, including any of the following:

“(i) A financial system.

“(ii) A financial data feeder system.

“(iii) A contracting system.

“(iv) A logistics system.

“(v) A planning and budgeting system.

“(vi) An installations management system.

“(vii) A human resources management system.

“(viii) A training and readiness system.

“(B) The term does not include—

“(i) a national security system; or

“(ii) an information system used exclusively by and within the defense commissary system or the exchange system or other instrumentality of the Department of Defense conducted for the morale, welfare, and recreation of members of the armed forces using nonappropriated funds.

“(2) COVERED DEFENSE BUSINESS SYSTEM.—The term ‘covered defense business system’ means a defense business system that is expected to have a total amount of budget authority, over the period of the current future-years defense program submitted to Congress under section 221 of this title, in excess of $50,000,000.

“(3) BUSINESS SYSTEM PORTFOLIO.—The term ‘business system portfolio’ means all business systems performing functions closely related to the functions performed or to be performed by a covered defense business system.

“(4) COVERED DEFENSE BUSINESS SYSTEM PROGRAM.—The term ‘covered defense business system program’ means a defense acquisition program to develop and field a covered defense business system or an increment of a covered defense business system.

“(5) PRIORITY DEFENSE BUSINESS SYSTEM PROGRAM.—The term ‘priority defense business system’ means a defense business system that is—

“(A) expected to have a total amount of budget authority over the period of the current future-years defense program submitted to Congress under section 221 of this title in excess of $250,000,000; or

“(B) designated by the Deputy Chief Management Officer of the Department of Defense as a priority defense business system, based on specific program analyses of factors including complexity, scope, and technical risk, and after notification to Congress of such designation.

“(6) ENTERPRISE ARCHITECTURE.—The term ‘enterprise architecture’ has the meaning given that term in section 3601(4) of title 44.

“(7) INFORMATION SYSTEM.—The term ‘information system’ has the meaning given that term in section 11101 of title 40, United States Code.

“(8) NATIONAL SECURITY SYSTEM.—The term ‘national security system’ has the meaning given that term in section 3552(b)(6)(A) of title 44.

“(9) BUSINESS PROCESS MAPPING.—The term ‘business process mapping’ means a procedure in which the steps in a business process are clarified and documented in both written form and in a flow chart.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by striking the item relating to section 2222 and inserting the following new item:

“2222. Defense business systems: business process reengineering; enterprise architecture; management.”.

(b) Deadline for guidance.—The guidance required by subsection (c)(1) of section 2222 of title 10, United States Code, as amended by subsection (a)(1), shall be issued not later than December 31, 2016.

(c) Repeal.—Section 811 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2222 note) is repealed.

(d) Comptroller general assessment.—

(1) ASSESSMENT REQUIRED.—In each odd-numbered year, the Comptroller General of the United States shall submit to the congressional defense committees an assessment of the extent to which the actions taken by the Department of Defense comply with the requirements of section 2222 of title 10, United States Code.

(2) REPEAL OF SUPERSEDED PROVISION.—Subsection (d) of section 332 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1856) is repealed.

(e) Guidance on acquisition of business systems.—The Secretary of Defense shall issue guidance for major automated information systems acquisition programs to promote the use of best acquisition, contracting, requirement development, systems engineering, program management, and sustainment practices, including—

(1) ensuring that an acquisition program baseline has been established within two years after program initiation;

(2) ensuring that program requirements have not changed in a manner that increases acquisition costs or delays the schedule, without sufficient cause and only after maximum efforts to reengineer business processes prior to changing requirements;

(3) policies to evaluate commercial off-the-shelf business systems for security, resilience, reliability, interoperability, and integration with existing interrelated systems where such system integration and interoperability are essential to Department of Defense operations;

(4) policies to work with commercial off-the-shelf business system developers and owners in adapting systems for Department of Defense use;

(5) policies to perform Department of Defense legacy system audits to determine which systems are related to or rely upon the system to be replaced or integrated with commercial off-the-shelf business systems;

(6) policies to perform full backup of systems that will be changed or replaced by the installation of commercial off-the-shelf business systems prior to installation and deployment to ensure reconstitution of the system to a functioning state should it become necessary;

(7) policies to engage the research and development activities and laboratories of the Department of Defense to improve acquisition outcomes; and

(8) policies to refine and improve developmental and operational testing of business processes that are supported by the major automated information systems.

Streamlining of requirements relating to defense business systems (sec. 883)

The House bill contained a provision (sec. 858) that would revise section 2222 of title 10, United States Code, to clarify responsibilities for the management of defense business information technology systems. As a result, this section would repeal the current reporting requirement contained in section 2222 of title 10, United States Code, and insert a new annual reporting requirement through the year 2020 on the revised requirements of section 2222.

The Senate amendment contained a similar provision (section 871).

The conference agreement includes a provision that would combine the two provisions. The revised section 2222 of title 10, United States Code, streamlines the requirements for development and management of business systems, as well as associated reporting requirements; mandates elements of guidance to be issued by the Secretary of Defense on investments in and acquisition of business systems; clarifies the responsibilities of senior officials in the acquisition and management of business systems; and emphasizes the need for robust business process engineering prior to investment in commercial technology or the modification of commercial systems for use by the Department of Defense.


House Report 114-201 to accompany H. R. 1735 as it was reported out of the House Armed Services Committee.

Section 858--Streamlining of Requirements Relating to Defense Business Systems

This section would revise section 2222 of title 10, United States Code, to clarify responsibilities for the management of defense business systems. As a result, this section would repeal the current reporting requirement contained in section 2222 of title 10, United States Code, and insert a new annual reporting requirement through the year 2020 on the revised requirements of section 2222.


Senate Report 114-49 to accompany S. 1376 as it was reported out of the Senate Armed Services Committee.

Streamlining of requirements relating to defense business systems (sec. 871)

The committee recommends a provision to streamline requirements relative to the acquisition of defense business systems. The provision would clarify the lines of responsibility and oversight roles for these types of programs. Further, it would reduce the oversight burden on the Department of Defense (DOD) with respect to lower cost systems. It would also mandate that DOD establish guidance for these types of programs, which would help to improve their cost and schedule outcomes through the emphasis of robust business process re- engineering and requirements refinement, prior to any expensive customization of commercial software.

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