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TITLE I--ACQUISITION ORGANIZATION

Section 102

House Conference Report 111-124

(a) In General-

(1) ESTABLISHMENT OF POSITIONS- Chapter 4 of title 10, United States Code, as amended by section 101(a) of this Act, is further amended by inserting after section 139c the following new section:

-`Sec. 139d. Director of Developmental Test and Evaluation; Director of Systems Engineering: joint guidance

`(a) Director of Developmental Test and Evaluation-

`(1) APPOINTMENT- 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 test and evaluation.

`(2) PRINCIPAL ADVISOR FOR DEVELOPMENTAL TEST AND EVALUATION- The Director 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.

`(3) SUPERVISION- 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) COORDINATION WITH DIRECTOR OF SYSTEMS ENGINEERING- The Director of Developmental Test and Evaluation shall closely coordinate with the Director of Systems Engineering 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 planning processes of the Department.

`(5) DUTIES- The Director shall--

`(A) develop policies and guidance for--

`(i) the conduct of developmental test and evaluation in the Department of Defense (including integration and developmental testing of software);

`(ii) in coordination with the Director of Operational Test and Evaluation, the integration of developmental test and evaluation with operational test and evaluation;

`(iii) the conduct of developmental test and evaluation conducted jointly by more than one military department or Defense Agency;

`(B) review and approve the developmental test and evaluation plan within the test and evaluation master plan for each major defense acquisition program of the Department of Defense;

`(C) monitor and review the developmental test and evaluation activities of the major defense acquisition programs;

`(D) provide advocacy, oversight, and guidance to elements of the acquisition workforce responsible for developmental test and evaluation;

`(E) periodically 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 provide input regarding needed changes or improvements for the test and evaluation strategic plan developed in accordance with section 196(d) of this title; and

`(F) 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.

`(6) ACCESS TO RECORDS- The Secretary of Defense shall ensure that the Director has access to all records and data of the Department of Defense (including the records and data of each military department and including classified and propriety information, as appropriate) that the Director considers necessary in order to carry out the Director's duties under this subsection.

`(7) CONCURRENT SERVICE AS DIRECTOR OF DEPARTMENT OF DEFENSE TEST RESOURCES MANAGEMENT CENTER- 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.

`(b) Director of Systems Engineering-

`(1) APPOINTMENT- There is a Director of Systems Engineering, who shall be appointed by the Secretary of Defense from among individuals with an expertise in systems engineering and development planning.

`(2) PRINCIPAL ADVISOR FOR SYSTEMS ENGINEERING AND DEVELOPMENT PLANNING- The Director shall be the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on systems engineering and development planning in the Department of Defense.

`(3) SUPERVISION- 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) COORDINATION WITH DIRECTOR OF DEVELOPMENTAL TEST AND EVALUATION- The Director of Systems Engineering shall closely coordinate with the Director of Developmental Test and Evaluation 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 planning processes of the Department.

`(5) DUTIES- The Director shall--

`(A) develop policies and guidance for--

`(i) the use of systems engineering principles and best practices, generally;

`(ii) the use of systems engineering approaches to enhance reliability, availability, and maintainability on major defense acquisition programs;

`(iii) the development of systems engineering master plans for major defense acquisition programs including systems engineering considerations in support of lifecycle management and sustainability; and

`(iv) the inclusion of provisions relating to systems engineering and reliability growth in requests for proposals;

`(B) review and approve the systems engineering master plan for each major defense acquisition program;

`(C) monitor and review the systems engineering and development planning activities of the major defense acquisition programs;

`(D) provide advocacy, oversight, and guidance to elements of the acquisition workforce responsible for systems engineering, development planning, and lifecycle management and sustainability functions;

`(E) provide input on the inclusion of systems engineering requirements in the process for consideration of joint military requirements by the Joint Requirements Oversight Council pursuant to section 181 of this title, including specific input relating to each capabilities development document;

`(F) periodically review the organizations and capabilities of the military departments with respect to systems engineering, development planning, and lifecycle management and sustainability, and identify needed changes or improvements to such organizations and capabilities; and

`(G) perform such other activities relating to the systems engineering and development planning activities of the Department of Defense as the Under Secretary of Defense for Acquisition, Technology, and Logistics may prescribe.

`(6) ACCESS TO RECORDS- The Director shall have access to any records or data of the Department of Defense (including the records and data of each military department and including classified and proprietary information as appropriate) that the Director considers necessary to review in order to carry out the Director's duties under this subsection.

`(c) Joint Annual Report- Not later than March 31 each year, beginning in 2010, the Director of Developmental Test and Evaluation and the Director of Systems Engineering shall jointly submit to the congressional defense committees a report on the activities undertaken pursuant to subsections (a) and (b) during the preceding year. Each report shall include a section on activities relating to the major defense acquisition programs which shall set forth, at a minimum, the following:

`(1) A discussion of the extent to which the major defense acquisition programs are fulfilling the objectives of their systems engineering master plans and developmental test and evaluation plans.

`(2) A discussion of the waivers of and deviations from requirements in test and evaluation master plans, systems engineering master plans, and other testing requirements that occurred during the preceding year with respect to such programs, any concerns raised by such waivers or deviations, and the actions that have been taken or are planned to be taken to address such concerns.

`(3) An assessment of the organization and capabilities of the Department of Defense for systems engineering, development planning, and developmental test and evaluation with respect to such programs.

`(4) Any comments on such report that the Secretary of Defense considers appropriate.

`(d) Joint Guidance- The Director of Developmental Test and Evaluation and the Director of Systems Engineering shall jointly, in coordination with the official designated by the Secretary of Defense under section 103 of the Weapon Systems Acquisition Reform Act of 2009, issue guidance on the following:

`(1) The development and tracking of detailed measurable performance criteria as part of the systems engineering master plans and the developmental test and evaluation plans within the test and evaluation master plans of major defense acquisition programs.

`(2) The use of developmental test and evaluation to measure the achievement of specific performance objectives within a systems engineering master plan.

`(3) A system for storing and tracking information relating to the achievement of the performance criteria and objectives specified pursuant to this subsection.

`(e) Major Defense Acquisition Program Defined- In this section, the term `major defense acquisition program' has the meaning given that term in section 2430 of this title.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 4 of such title, as amended by section 101(a) of this Act, is further amended by inserting after the item relating to section 139c the following new item:

`139d. Director of Developmental Test and Evaluation; Director of Systems Engineering: joint guidance.'.

(b) Developmental Test and Evaluation and Systems Engineering in the Military Departments and Defense Agencies-

(1) PLANS- The service acquisition executive of each military department and each Defense Agency with responsibility for a major defense acquisition program shall develop and implement plans to ensure the military department or Defense Agency concerned has provided appropriate resources for each of the following:

(A) Developmental testing organizations with adequate numbers of trained personnel in order to--

(i) ensure that developmental 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;

(ii) participate in the planning of developmental test and evaluation activities, including the preparation and approval of a developmental test and evaluation plan within the test and evaluation master plan for each major defense acquisition program; and

(iii) participate in and oversee the conduct of developmental testing, the analysis of data, and the preparation of evaluations and reports based on such testing.

(B) Development planning and systems engineering organizations with adequate numbers of trained personnel in order to--

(i) support key requirements, acquisition, and budget decisions made for each major defense acquisition program prior to Milestone A approval and Milestone B approval through a rigorous systems analysis and systems engineering process;

(ii) include a robust program for improving reliability, availability, maintainability, and sustainability as an integral part of design and development within the systems engineering master plan for each major defense acquisition program; and

(iii) identify systems engineering requirements, including reliability, availability, maintainability, and lifecycle management and sustainability requirements, during the Joint Capabilities Integration Development System process, and incorporate such systems engineering requirements into contract requirements for each major defense acquisition program.

(2) 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 and each Defense Agency with responsibility for a major defense acquisition program shall submit to the Director of Developmental Test and Evaluation and the Director of Systems Engineering a report on the extent to which--

(A) such military department or Defense Agency has implemented, or is implementing, the plan required by paragraph (1); and

(B) additional authorities or resources are needed to attract, develop, retain, and reward developmental test and evaluation personnel and systems engineers with appropriate levels of hands-on experience and technical expertise to meet the needs of such military department or Defense Agency.

(3) ASSESSMENT OF REPORTS BY DIRECTORS OF DEVELOPMENTAL TEST AND EVALUATION AND SYSTEMS ENGINEERING- The first annual report submitted to Congress by the Director of Developmental Test and Evaluation and the Director of Systems Engineering under section 139d(c) of title 10, United States Code (as added by subsection (a)), shall include an assessment by the Directors of the reports submitted by the service acquisition executives to the Directors under paragraph (2).

Congressional Record, Senate, February 23, 2009, Summary of S. 454, the Weapon Systems Acquisition Reform Act of 2009, P. S2367

The Defense Science Board Task Force on Developmental Test and Evaluation reported in May 2008 that ``the single most important step necessary'' to address high rates of failure on defense acquisition programs is ``a viable systems engineering strategy from the beginning.'' The Government Accountability Office has reached similar conclusions. Unfortunately, the Committee on Pre-Milestone A and Early-Phase Systems Engineering of Air Force Studies Board of the National Research Council reported in February 2008 that the Air Force has systematically dismantled its systems engineering organizations and capabilities over the last twenty years. The other services have done the same. Section 101 would address this problem by requiring DOD to: (1) assess the extent to which the Department has in place the systems engineering capabilities needed to ensure that key acquisition decisions are supported by a rigorous systems analysis and systems engineering process; and (2) establish organizations and develop skilled employees needed to fill any gaps in such capabilities.

Section 102. Developmental Testing.

Many weapon systems fail operational testing because of problems that should have been identified and corrected during developmental testing much earlier in the acquisition process. The Defense Science Board Task Force on Developmental Test and Evaluation reported in May 2008 that this problem is due, in significant part, to drastic reductions in organizations responsible for developmental testing. According to the Task Force, the Army has essentially eliminated its developmental testing component, while the Navy and the Air Force cut their testing workforce by up to 60 percent in some organizations. Section 102 would address this problem by: (1) requiring DOD to reestablish the position of Director of Developmental Test and Evaluation; and (2) requiring the military departments to assess their developmental testing organizations and personnel, and address any shortcomings in such organizations and personnel.

House Committee on Armed Services Report 111-101 with H. R. 2101

This section would require the Secretary of Defense to designate officials within the Office of the Secretary of Defense as the principal advisors to the Secretary for each of the following acquisition oversight functions: cost estimation, systems engineering, and performance assessment. This section would allow an official to perform one or more of such functions. This section would require the Secretary to select officials for these assignments who are: highly expert in the function; assigned the appropriate staff and resources to carry out the function; independent; and free of undue political influence or personal conflict of interest. The officials designated under this section would advise the Secretary on these functions during the setting of requirements, formulation and execution of budgets, and program execution.

SECTION 103--OVERSIGHT OF SYSTEMS ENGINEERING

This section would require the official responsible for systems engineering to issue policies, procedures, and guidance on: the use of systems engineering principles and best practices in the Department of Defense; the use of systems engineering to enhance reliability, availability, and maintainability of major defense acquisition programs (MDAP); the development of systems engineering master plans (to include consideration of lifecycle management and sustainability) and test and evaluation master plans for MDAPs; the inclusion of provisions relating to systems engineering and reliability growth in requests for proposals; the appropriate use of development planning; developmental test and evaluation in general; the integration of developmental and operational testing; and the use of developmental test and evaluation as part of a coordinated systems engineering approach. This section would also require the official to provide advocacy, oversight, and guidance to the elements of the acquisition workforce responsible for systems engineering, developmental test and evaluation, and lifecycle management and sustainment. This section would require the official to provide the congressional defense committees with an annual activities report by March 1 each year in unclassified form with a classified annex if necessary.

This section would authorize the official to participate in requirements discussions and would provide the official access to all records of the military departments that the official deems necessary to perform assigned duties. The official would be required to periodically assess the capabilities of the military departments for systems engineering (including development planning) and developmental test and evaluation and to provide such recommendations for improvement in such capabilities as the official deems necessary to the Secretary of Defense. The official would be authorized to review and approve the systems engineering master plan and the developmental test and evaluation plan within the test and evaluation master plans for all MDAPs. The official would report to the Secretary of Defense through the Under Secretary of Defense for Acquisition, Technology, and Logistics.