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

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 813. MODIFICATION AND EXTENSION OF REQUIREMENTS OF THE WEAPON SYSTEM ACQUISITION REFORM ACT OF 2009.

(a) Extension of Reporting Requirements- Section 102(b) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1714; 10 U.S.C. 2430 note) is amended--

(1) in paragraph (2), by inserting `, and not later than February 15 of each year from 2011 through 2014' after `Not later than 180 days after the date of the enactment of this Act'; and

(2) in paragraph (3), by striking `The first annual report' and inserting `Each annual report from 2010 through 2014'.

(b) Clarification That Prototypes May Be Acquired From Commercial, Government, or Academic Sources- Paragraph (4) of section 203(a) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1722; 10 U.S.C. 2430 note) is amended to read as follows:

`(4) That prototypes--

`(A) may be required under paragraph (1) or (3) for the system to be acquired or, if prototyping of the system is not feasible, for critical subsystems of the system; and

`(B) may be acquired from commercial, government, or academic sources.'.

(c) Clarification That Certifications Are Not Required for Major Defense Acquisition Programs Following Milestone C Approval- Section 204(c)(2) of the Weapon Systems Acquisition Reform Act of 2009 (123 Stat. 1724) is amended--

(1) in subparagraph (A), by striking `; and' and inserting a semicolon;

(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) has not yet achieved a Milestone C approval.'.

(d) Clarification That Certain Milestone B Certification Criteria May Be Waived-

(1) WAIVER AUTHORITY- Effective as of May 22, 2009, section 2366b(d) of title 10, United States Code, as amended by section 205(a)(1) of the Weapon Systems Acquisition Reform Act of 2009 (123 Stat. 1724), is amended--

(A) in paragraph (1), by striking `specified in paragraph (1) or (2) of subsection (a)' and inserting `specified in paragraph (1), (2), or (3) of subsection (a)'; and

(B) in paragraph (2), by striking `specified in paragraphs (1) and (2) of subsection (a)' and inserting `specified in paragraphs (1), (2), and (3) of subsection (a)'.

(2) DETERMINATION REGARDING SATISFACTION OF CERTIFICATION COMPONENTS- Effective as of May 22, 2009, and as if included therein as enacted, section 205(b)(1) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2366b note) is amended by striking `certification components specified in paragraphs (1) and (2) of subsection (a) of section 2366b of title 10, United States Code' and inserting `certification components specified in paragraphs (1), (2), and (3) of subsection (a) of section 2366b of title 10, United States Code'.

(e) Correction to Reference- Effective as of May 22, 2009, and as if included therein as enacted, section 205(c) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2433a note) is amended by striking `section 2433a(c)(3)' and inserting `section 2433a(c)(1)(C)'.

From S. 3454, National Defense Authorization Act for Fiscal Year 2011

SEC. 804. EXTENSION OF REPORTING REQUIREMENTS FOR DEVELOPMENTAL TEST AND EVALUATION AND SYSTEMS ENGINEERING IN THE MILITARY DEPARTMENTS AND DEFENSE AGENCIES.

Section 102(b) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1714; 10 U.S.C. 2430 note) is amended--

(1) in paragraph (2), by inserting `, and not later than February 15 of each year from 2011 through 2016' after `Not later than 180 days after the date of the enactment of this Act'; and

(2) in paragraph (3), by striking `The first annual report' and inserting `Each annual report from 2010 through 2016'.

SEC. 806. TECHNICAL AND CLARIFYING AMENDMENTS TO WEAPON SYSTEMS ACQUISITION REFORM ACT OF 2009.

(a) Clarification That Prototypes May Be Acquired From Commercial, Government, or Academic Sources- Paragraph (4) of section 203(a) of Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1722; 10 U.S.C. 2430 note) is amended to read as follows:

`(4) That prototypes--

`(A) may be required under paragraph (1) or (3) for the system to be acquired or, if prototyping of the system is not feasible, for critical subsystems of the system; and

`(B) may be acquired from commercial, government, or academic sources.'.

(b) Clarification That Certifications Are Not Required for Major Defense Acquisition Programs Following Milestone C Approval- Section 204(c)(2) of the Weapon Systems Acquisition Reform Act of 2009 (123 Stat. 1724) is amended--

(1) in subparagraph (A), by striking `; and' and inserting a semicolon;

(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) has not yet achieved a Milestone C approval.'.

(c) Clarification That Certain Milestone B Certification Criteria May Be Waived-

(1) WAIVER AUTHORITY- Section 2366b(d) of title 10, United States Code, as amended by section 205(a)(1) of the Weapon Systems Acquisition Reform Act of 2009 (123 Stat. 1724), is amended by striking `specified in paragraphs (1) and (2) of subsection (a)' both places it appears and inserting `specified in paragraphs (1), (2), and (3) of subsection (a)'.

(2) DETERMINATION REGARDING SATISFACTION OF CERTIFICATION COMPONENTS- Section 205(b)(1) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2366b note) is amended by striking `certification components specified in paragraphs (1) and (2) of subsection (a) of section 2366b of title 10, United States Code' and inserting `certification components specified in paragraphs (1), (2), and (3) of subsection (a) of section 2366b of title 10, United States Code'.

(d) Correction to Reference- Section 205(c) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2433a note) is amended by striking `section 2433a(c)(3)' and inserting `section 2433(a)(c)(1)(C)'.

The Senate committee-reported bill contained a provision (sec. 804) that would extend by 5 years certain reporting requirements under section 102 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23). The bill contained a second provision (sec. 806) that would make technical and clarifying amendments to the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23).

The House bill contained no similar provisions.

The agreement includes the Senate provisions with an amendment that would merge the two provisions into a single section and extend the reporting requirements for 3 years.

From S. Rpt. 111-201, to accompany S. 3454, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

Extension of reporting requirements for developmental test and evaluation and systems engineering in the military departments and Defense Agencies (sec. 804)

The committee recommends a provision that would amend section 102(b) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23) to extend by 5 years the requirement for the military departments and defense agencies to report on steps that they have taken to rebuild the workforce skills and capabilities needed to perform key developmental test and evaluation and systems engineering functions.

Technical and clarifying amendments to Weapon Systems Acquisition Reform Act of 2009 (sec. 806)

The committee recommends a provision that would make technical and clarifying amendments to the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23).