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

Subtitle F — Improve Acquisition Act

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. 862. COMPTROLLER GENERAL REPORT ON JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM.

(a) Report Required- The Comptroller General of the United States shall carry out a comprehensive review of the Joint Capabilities Integration and Development System (in this section referred to as `JCIDS'). Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the review and include in such report any recommendations the Comptroller General considers necessary and advisable to improve or replace JCIDS.

(b) Content of the Review-

(1) PURPOSE- The purpose of the review required by subsection (a) is to evaluate the effectiveness of JCIDS in achieving the following objectives:

(A) Timeliness in delivering capability to the warfighter.

(B) Efficient use of the investment resources of the Department of Defense.

(C) Control of requirements creep.

(D) Responsiveness to changes occurring after the approval of a requirements document (including changes to the threat environment, the emergence of new capabilities, or changes in the resources estimated to procure or sustain a capability).

(E) Development of the personnel skills, capacity, and training needed for an effective and efficient requirements process.

(2) MATTERS CONSIDERED- In performing the review, the Comptroller General shall gather information on and consider the following matters:

(A) The time that requirements documents take to receive approval through JCIDS.

(B) The quality of cost information considered in JCIDS and the extent of its consideration.

(C) The extent to which JCIDS establishes a meaningful level of priority for requirements.

(D) The extent to which JCIDS is considering trade-offs between cost, schedule, and performance objectives.

(E) The quality of information on sustainment considered in JCIDS and the extent to which sustainment information is considered.

(F) An evaluation of the advantages and disadvantages of designating a commander of a unified combatant command for each requirements document for which the Joint Requirements Oversight Council is the validation authority to provide a joint evaluation task force to participate in a materiel solution and to--

(i) provide input to the analysis of alternatives;

(ii) participate in testing (including limited user tests and prototype testing);

(iii) provide input on a concept of operations and doctrine;

(iv) provide end user feedback to the resource sponsor; and

(v) participate, through the combatant commander concerned, in any alteration of the requirement for such solution.

(c) Definitions- In this section:

(1) JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM- The term `Joint Capabilities Integration and Development System' means the system for the assessment, review, validation, and approval of joint warfighting requirements that is described in Chairman of the Joint Chiefs of Staff Instruction 3170.01G

(2) REQUIREMENTS DOCUMENT- The term `requirements document' means a document produced in JCIDS that is provided for an acquisition program to guide the subsequent development, production, and testing of the program and that--

(A) justifies the need for a materiel approach, or an approach that is a combination of materiel and non-materiel, to satisfy one or more specific capability gaps;

(B) details the information necessary to develop an increment of militarily useful, logistically supportable, and technically mature capability, including key performance parameters; or

(C) identifies production attributes required for a single increment of a program.

(3) REQUIREMENTS CREEP- The term `requirements creep' means the addition of new technical or operational specifications after a requirements document is approved.

(4) MATERIEL SOLUTION- The term `materiel solution' means the development, acquisition, procurement, or fielding of a new item, or of a modification to an existing item, necessary to equip, operate, maintain, and support military activities.

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 825. REPORTS ON JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM.

(a) Independent Analyses-

(1) IN GENERAL- A comprehensive analysis of the Joint Capabilities Integration and Development System shall be independently performed by each of the following:

(A) The Secretary of Defense.

(B) A federally funded research and development center selected by the Secretary of Defense.

(2) MATTERS COVERED- Each such analysis shall--

(A) evaluate the entire Joint Capabilities Integration and Development System and the problems associated with it, with particular emphasis on the problems relating to the length of time and the costs involved in identifying, assessing, and validating joint military capability needs; and

(B) identify the best solutions to the problems evaluated under subparagraph (A) and develop recommendations to carry out those solutions.

(3) REPORTS- Not later than 6 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives--

(A) a report by the Secretary on the analysis performed by the Secretary under paragraph (1), with particular emphasis on continuous process improvement; and

(B) a report by the federally funded research and development center selected under paragraph (1)(B) on the analysis performed by the center under paragraph (1), together with such comments as the Secretary considers necessary on the report.

(b) Implementation-

(1) IN GENERAL- Not later than one year after the date of the enactment of this Act, the Secretary of Defense--

(A) shall develop and begin implementing a plan to address the problems with the Joint Capabilities Integration and Development System, taking into account the recommendations developed in the analyses required under subsection (a) and as part of a program to manage performance in establishing joint military requirements; and

(B) shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the plan, including, at a minimum, a timeline, objectives, milestones, and projected resource requirements.

(2) REPORT FORMAT- The report required under paragraph (1)(B) may be included as part of any report relating to a program to manage performance in establishing joint military requirements.

SEC. 103. PERFORMANCE MANAGEMENT FOR THE JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM.

(a) Requirement for Program- The Secretary of Defense shall ensure that the Department of Defense develops and implements a program to manage performance in establishing joint military requirements pursuant to section 181 of title 10, United States Code.

(b) Leaders- The Secretary of Defense shall designate an officer identified or designated as a joint qualified officer to serve as leader of a joint effort to develop the performance management program required by subsection (a). The Secretary shall also designate an officer from each Armed Force to serve as leader of the effort within the Armed Force concerned. Officers designated pursuant to this section shall have the seniority and authority necessary to oversee and direct all personnel engaged in establishing joint military requirements within the Joint Staff or within the Armed Force concerned.

(c) Matters Covered- The program developed pursuant to subsection (a) shall:

(1) Measure the following in relation to each joint military requirement:

(A) The time a requirements document takes to receive validation through the requirements process.

(B) The quality of cost information associated with the requirement and the extent to which cost information was considered during the requirements process.

(C) The extent to which the requirements process established a meaningful level of priority for the requirement.

(D) The extent to which the requirements process considered trade-offs between cost, schedule, and performance objectives.

(E) The quality of information on sustainment associated with the requirement and the extent to which sustainment information was considered during the requirements process.

(F) Such other matters as the Secretary shall determine appropriate.

(2) Achieve, to the maximum extent practicable, the following outcomes in the requirements process:

(A) Timeliness in delivering capability to the warfighter.

(B) Mechanisms for controlling requirements creep.

(C) Responsiveness to fact-of-life changes occurring after the approval of a requirements document, including changes to the threat environment, the emergence of new capabilities, or changes in the resources estimated to procure or sustain a capability.

(D) The development of the personnel skills, capacity, and training needed for an effective and efficient requirements process.

(E) Such other outcomes as the Secretary shall determine appropriate.

(d) Implementation- The program required by subsection (a) shall be developed and initially implemented not later than one year after the date of the enactment of this Act and shall apply to requirements documents entering the requirements process after the date of initial implementation.

(e) Initial Report- Not later than 90 days after the initial implementation of the program required by subsection (a), the Secretary shall submit to the congressional defense committees a report on the steps taken to develop and implement the performance management program for joint military requirements. The report shall address the measures specified in subsection (c)(1).

(f) Final Report- Not later than four years after the initial implementation of the program required by subsection (a), the Secretary shall submit to the congressional defense committees a report on the effectiveness of the program for joint military requirements in achieving the outcomes specified in subsection (c)(2).

(g) Definitions- In this section:

(1) REQUIREMENTS PROCESS- The term `requirements process' means the Joint Capabilities Integration and Development System (JCIDS) process or any successor to such process established by the Chairman of the Joint Chiefs of Staff to support the statutory responsibility of the Joint Requirements Oversight Council in advising the Chairman and the Secretary of Defense in identifying, assessing, and validating joint military capability needs, with their associated operational performance criteria, in order to successfully execute missions.

(2) REQUIREMENTS DOCUMENT- The term `requirements document' means a document produced in the requirements process that is provided for an acquisition program to guide the subsequent development, production, and testing of the program and that--

(A) justifies the need for a materiel approach, or an approach that is a combination of materiel and non-materiel, to satisfy one or more specific capability gaps;

(B) details the information necessary to develop an increment of militarily useful, logistically supportable, and technically mature capability, including key performance parameters; or

(C) identifies production attributes required for a single increment of a program.

(3) REQUIREMENTS CREEP- The term `requirements creep' means the addition of new technical or operational specifications after a requirements document is approved.

(h) Discretionary Implementation After Five Years- After the date that is five years after the initial implementation of the performance management program under this section, the requirement to implement a program under this section shall be at the discretion of the Secretary of Defense.

SEC. 105. JOINT EVALUATION TASK FORCES.

(a) Task Forces Required- For each joint military requirement involving a materiel solution for which the Chairman of the Joint Requirements Oversight Council is the validation authority, the Chairman shall designate a commander of a unified combatant command to provide a joint evaluation task force to participate in such materiel solution. Such task force shall--

(1) come from a military unit or units designated by the combatant commander concerned;

(2) be selected based on the relevance of such materiel solution to the mission of the unit; and

(3) participate consistent with its operational obligations.

(b) Responsibilities- A task force provided pursuant to subsection (a) shall, for the materiel solution concerned--

(1) provide input to the analysis of alternatives;

(2) participate in testing (including limited user tests and prototype testing);

(3) provide input on a concept of operations and doctrine;

(4) provide end user feedback to the resource sponsor; and

(5) participate, through the combatant commander concerned, in any alteration of the requirement for such solution.

(c) Administrative Support- The resource sponsor for the joint military requirement shall provide administrative support to the joint evaluation task force for purposes of carrying out this section.

(d) Definitions- In this section:

(1) RESOURCE SPONSOR- The term `resource sponsor' means the organization responsible for all common documentation, periodic reporting, and funding actions required to support the capabilities development and acquisition process for the materiel solution.

(2) MATERIEL SOLUTION- The term `materiel solution' means the development, acquisition, procurement, or fielding of a new item, or of a modification to an existing item, necessary to equip, operate, maintain, and support military activities.

The House bill contained three provisions addressing requirements for major defense acquisition programs: a provision (sec. 825) that would require two reports on the Joint Capabilities Integration and Development System (JCIDS) of the Department of Defense; a provision (sec. 103 of division D) that would require certain changes to JCIDS; and a provision (sec. 105 of division D) that would require the establishment of a joint evaluation task force for each joint military requirement involving a materiel solution.

The Senate committee-reported bill contained no similar provision.

The agreement includes a single provision that would require a report by the Government Accountability Office addressing the issues raised by section 825. The report would also address the feasibility and advisability of the changes to JCIDS as contemplated by section 103 and the establishment of joint evaluation task forces as contemplated by section 105.

From H. Rpt. 111-491, accompanying H. R. 5136, the NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

SECTION 825--REPORTS ON JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM

This section would require the Secretary of Defense and a federally funded research and development center selected by the Secretary to analyze the Joint Capabilities Integration and Development System (JCIDS) to identify improvements in the JCIDS process. This section would require the Secretary to submit reports on both analyses within six months after the date of enactment of this Act, and would also require the Secretary to begin implementing a plan to address problems in JCIDS within one year after the date of enactment. This section would require that problems identified in the analyses also be addressed as part of a program to manage performance in establishing joint military requirements and would allow the consolidation of the plan into any report relating to a program to manage performance in establishing joint military requirements. The committee notes that legislation which has passed the House of Representatives, the Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010 (Improve Acquisition Act of 2010), includes a provision, section 103, that requires the establishment of a program to manage performance in establishing joint military requirements.

From H. Rpt. 111-465, accompanying 
H.R. 5013,  Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010

SECTION 103--PERFORMANCE MANAGEMENT FOR THE JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM

This section would require the Secretary of Defense to develop a performance management program for the Joint Capabilities Integration and Development System (JCIDS) to measure performance in JCIDS and to ensure that JCIDS: delivers timely capability to the warfighter; controls requirements creep (including the growth of requirements at a level below those specified in the requirements documents considered by JCIDS); is responsive to changes in threats, emerging capabilities, and costs; and develops skilled requirements personnel. The program required by this section would be initially implemented within one year after the date of enactment of this Act and would apply to requirements documents entering JCIDS after that date. This section would require an initial report on measures of performance for JCIDS within 90 days after initial implementation and a final report on the outcomes of the performance management program four years after the date of initial implementation. This section would make continuation of the performance management program subject to the Secretary of Defense's discretion five years after the date of enactment of this Act.

SECTION 105--JOINT EVALUATION TASK FORCES

This section would require the Chairman of the Joint Requirements Oversight Council to designate the commander of a unified combatant command to provide a joint evaluation task force to participate in each major defense acquisition program. The task force would come from a military unit selected by the combatant commander, based on the relevance of the program to the unit's mission, and consistent with the unit's operational obligations. The task force would participate in all stages of the development and low rate initial production of the program and would provide user feedback to the resource sponsor for the program. This section would require that the task force receive administrative support from the program's resource sponsor.