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P. L. 107-107

House Conference Report 107-333

SEC. 804. REPORTS ON MATURITY OF TECHNOLOGY AT INITIATION OF MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) REPORTS REQUIRED- Not later than March 1 of each of years 2003 through 2006, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the requirement in paragraph 4.7.3.2.2.2 of Department of Defense Instruction 5000.2, as in effect on the date of enactment of this Act, that technology must have been demonstrated in a relevant environment (or, preferably, in an operational environment) to be considered mature enough to use for product development in systems integration.

(b) CONTENTS OF REPORTS- Each report required by subsection (a) shall--

(1) identify each case in which a major defense acquisition program entered system development and demonstration during the preceding calendar year and into which key technology has been incorporated that does not meet the technological maturity requirement described in subsection (a), and provide a justification for why such key technology was incorporated; and

(2) identify any determination of technological maturity with which the Deputy Under Secretary of Defense for Science and Technology did not concur and explain how the issue has been or will be resolved.

(c) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED- In this section, the term `major defense acquisition program' has the meaning given that term in section 139(a)(2) of title 10, United States Code.

The Senate bill contained a provision (sec. 804) that would require that critical technologies be successfully demonstrated in a relevant environment before they may be incorporated into a major defense acquisition program.

The House amendment contained no similar provision.

The House recedes with an amendment that would substitute an annual report, in calendar years 2003 through 2006, on the compliance of the Department of Defense (DOD) with the technological maturity requirement established in DOD Instruction 5000.2. Paragraph 4.7.3.2.2.2 of that Instruction states in relevant part:

Technology must have been demonstrated in a relevant environment * * * or, preferably, in an operational environment * * * to be considered mature enough to use for product development in systems integration. If technology is not mature, the DOD Component shall use alternative technology that is mature and that can meet the user's needs.

The report required by the conference agreement would identify and explain any circumstance in which the DOD fails to comply with this requirement with regard to a Major Defense Acquisition Program.