[Congressional Record Volume 155, Number 69 (Wednesday, May 6, 2009)]
[Senate]
[Pages S5242-S5245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1044. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 454, to improve the organization and procedures of 
the Department of Defense for the acquisition of major weapon systems, 
and for other purposes; as follows:

       On page 59, line 25, strike ``(D)'' and inserting ``(E)''.
       On page 60, strike line 3 and insert the following:

     lowing new subparagraphs (B), (C), and (D):
       On page 60, line 4, insert ``and submit the report required 
     by subparagraph (D)'' after ``terminate such acquisition 
     program''.
       On page 61, strike like 24 and insert the following:

     gram;
       ``(D) if the program is terminated, submit to Congress a 
     written report setting forth--
       ``(i) an explanation of the reasons for terminating the 
     program;
       ``(ii) the alternatives considered to address any problems 
     in the program; and
       ``(iii) the course the Department plans to pursue to meet 
     any continuing joint military requirements otherwise intended 
     to be met by the program; and''.
                                 ______
                                 
  SA 1045. Ms. COLLINS (for herself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by her to the bill S. 454, to improve 
the organization and procedures of the Department of Defense for the 
acquisition of major weapon systems, and for other purposes; as 
follows:

       On page 69, after line 2, add the following:

     SEC. 207. EARNED VALUE MANAGEMENT.

       (a) Enhanced Tracking of Contractor Performance.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics shall review the existing guidance and, as 
     necessary, prescribe additional guidance governing the 
     implementation of the Earned Value Management (EVM) 
     requirements and reporting for contracts to ensure that the 
     Department of Defense--

[[Page S5243]]

       (1) applies uniform EVM standards to reliably and 
     consistently measure contract or project performance;
       (2) applies such standards to establish appropriate 
     baselines at the award of a contract or commencement of a 
     program, whichever is earlier;
       (3) ensures that personnel responsible for administering 
     and overseeing EVM systems have the training and 
     qualifications needed to perform this function; and
       (4) has appropriate mechanisms in place to ensure that 
     contractors establish and use approved EVM systems.
       (b) Enforcement Mechanisms.--For the purposes of subsection 
     (a)(4), mechanisms to ensure that contractors establish and 
     use approved EVM systems shall include--
       (1) consideration of the quality of the contractors' EVM 
     systems and the timeliness of the contractors' EVM reporting 
     in any past performance evaluation for a contract that 
     includes an EVM requirement; and
       (2) increased government oversight of the cost, schedule, 
     scope, and performance of contractors that do not have 
     approved EVM systems in place.
                                 ______
                                 
  SA 1046. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 454, to improve the organization and procedures of 
the Department of Defense for the acquisition of major weapon systems, 
and for other purposes; as follows:

       On page 49, strike line 15 and all that follows through 
     page 51, line 8, and insert the following:

     view, including an assessment by the Director of the 
     feasibility and advisability of establishing baselines for 
     operating and support costs under section 2435 of title 10, 
     United States Code.
       (2) Transmittal to congress.--Not later than 30 days after 
     receiving the report required by paragraph (1), the Secretary 
     shall transmit the report to the congressional defense 
     committees, together with any comments on the report the 
     Secretary considers appropriate.
       (c) Transfer of Personnel and Functions of Cost Analysis 
     Improvement Group.--The personnel and functions of the Cost 
     Analysis Improvement Group of the Department of Defense are 
     hereby transferred to the Director of Independent Cost 
     Assessment under section 139d of title 10, United States Code 
     (as so added), and shall report directly to the Director.
       (d) Conforming Amendments.--
       (1) Section 181(d) of title 10, United States Code, is 
     amended by inserting ``the Director of Independent Cost 
     Assessment,'' before ``and the Director''.
       (2) Section 2306b(i)(1)(B) of such title is amended by 
     striking ``Cost Analysis Improvement Group of the Department 
     of Defense'' and inserting ``Director of Independent Cost 
     Assessment''.
       (3) Section 2366a(a)(4) of such title is amended by 
     striking ``has been submitted'' and inserting ``has been 
     approved by the Director of Independent Cost Assessment''.
       (4) Section 2366b(a)(1)(C) of such title is amended by 
     striking ``have been developed to execute'' and inserting 
     ``have been approved by the Director of Independent Cost 
     Assessment to provide for the execution of''.
       (5) Section 2433(e)(2)(B)(iii) of such title is amended by 
     striking ``are reasonable'' and inserting ``have been 
     determined by the Director of Independent Cost Assessment to 
     be reasonable''.
       (6) Subparagraph (A) of section 2434(b)(1) of such title is 
     amended to read as follows:
       ``(A) be prepared or approved by the Director of 
     Independent Cost Assessment; and''.
       (7) Section 2445c(f)(3) of such title is amended by 
     striking ``are reasonable'' and inserting ``have been 
     determined by the Director of Independent Cost Assessment to 
     be reasonable''.
       (e) Comptroller General of the United States Review of 
     Operating and Support Costs of Major Weapon Systems.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the congressional defense 
     committees a report on growth in operating and support costs 
     for major weapon systems.
       (2) Elements.--In preparing the report required by 
     paragraph (1), the Comptroller General shall, at a minimum--
       (A) identify the original estimates for operating and 
     support costs for major weapon systems selected by the 
     Comptroller General for purposes of the report;
       (B) assess the actual operating and support costs for such 
     major weapon systems;
       (C) analyze the rate of growth for operating and support 
     costs for such major weapon systems;
       (D) for such major weapon systems that have experienced the 
     highest rate of growth in operating and support costs, assess 
     the factors contributing to such growth;
       (E) assess measures taken by the Department of Defense to 
     reduce operating and support costs for major weapon systems; 
     and
       (F) make such recommendations as the Comptroller General 
     considers appropriate.
       (3) Major weapon system defined.--In this subsection, the 
     term ``major weapon system'' has the meaning given that term 
     in 2379(d) of title 10, United States Code.
                                 ______
                                 
  SA 1047. Mr. WHITEHOUSE (for himself, Mr. Feingold, and Mr. Sanders) 
submitted an amendment intended to be proposed by him to the bill S. 
454, to improve the organization and procedures of the Department of 
Defense for the acquisition of major weapon systems, and for other 
purposes; as follows:

       On page 43, between lines 20 and 21, insert the following:
       (c) Technological Maturity Standards.--For purposes of the 
     review and assessment conducted by the Director of Defense 
     Research and Engineering in accordance with subsection (c) of 
     section 139a of title 10, United States Code (as added by 
     subsection (a)), a critical technology is considered to be 
     mature--
       (1) in the case of a major defense acquisition program that 
     is being considered for Milestone B approval, if the 
     technology has been demonstrated in a relevant environment; 
     and
       (2) in the case of a major defense acquisition program that 
     is being considered for Milestone C approval, if the 
     technology has been demonstrated in a realistic environment.
       On page 45, beginning on line 9, strike ``programs and 
     require the disclosure of all such confidence levels;'' and 
     insert ``programs, require that all such estimates include 
     confidence levels compliant with such guidance, and require 
     the disclosure of all such confidence levels (including 
     through Selected Acquisition Reports submitted pursuant to 
     section 2432 of this title);''.
       On page 47, line 16, add at the end the following: ``The 
     report shall include an assessment of--
       ``(A) the extent to which each of the military departments 
     have complied with policies, procedures, and guidance issued 
     by the Director with regard to the preparation of cost 
     estimates; and
       ``(B) the overall quality of cost estimates prepared by 
     each of the military departments.
       On page 48, line 2, add at the end the following: ``Each 
     report submitted to Congress under this subsection shall be 
     posted on an Internet website of the Department of Defense 
     that is available to the public.''.
                                 ______
                                 
  SA 1048. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 454, to improve the organization and procedures of 
the Department of Defense for the acquisition of major weapon systems, 
and for other purposes; as follows:

       On page 42, line 12, insert ``, in consultation with the 
     Director of Developmental Test and Evaluation,'' after 
     ``shall''.
                                 ______
                                 
  SA 1049. Mrs. McCASKILL (for herself and Mr. Casey) submitted an 
amendment intended to be proposed by her to the bill S. 454, to improve 
the organization and procedures of the Department of Defense for the 
acquisition of major weapon systems, and for other purposes; as 
follows:

       On page 51, line 12, insert ``(a) In General.--'' before 
     ``Section 181''.
       On page 51, line 23, strike ``of subsection (f).''.'' and 
     insert the following: ``of subsection (f). Such input may 
     include, but is not limited to, an assessment of the 
     following:
       ``(1) Any current or projected missions or threats in the 
     theater of operations of the commander of a combatant command 
     that would justify a new joint military requirement.
       ``(2) The necessity and sufficiency of a proposed joint 
     military requirement in terms of current and projected 
     missions or threats.
       ``(3) The relative priority of a proposed joint military 
     requirement in comparison with other joint military 
     requirements.
       ``(4) The ability of partner nations in the theater of 
     operations of the commander of a combatant command to assist 
     in meeting the joint military requirement or to partner in 
     using technologies developed to meet the joint military 
     requirement.''.
       (b) Comptroller General of the United States Review of 
     Implementation.--Not later than two years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the implementation of the requirements of 
     subsection (e) of section 181 of title 10, United States Code 
     (as amended by subsection (a)), for the Joint Requirements 
     Oversight Council to solicit and consider input from the 
     commanders of the combatant commands. The report shall 
     include, at a minimum, an assessment of the extent to which 
     the Council has effectively sought, and the commanders of the 
     combatant commands have provided, meaningful input on 
     proposed joint military requirements.
                                 ______
                                 
  SA 1050. Mrs. McCASKILL (for herself, Mr. Udall of Colorado, and Mr. 
Casey) submitted an amendment intended to be proposed by her to the 
bill S. 454, to improve the organization and procedures of the 
Department of Defense for the acquisition of major weapon systems, and 
for other purposes; as follows:

       On page 59, strike line 15 and insert the following:
       (d) Comptroller General of the United States Review of 
     Certain Waivers.--

[[Page S5244]]

       (1) Notice to comptroller general.--Whenever a milestone 
     decision authority authorizes a waiver of the requirement for 
     prototypes under paragraph (1) or (2) of subsection (c) on 
     the basis of excessive cost, the milestone decision authority 
     shall submit a notice on the waiver, together with the 
     rational for the waiver, to the Comptroller General of the 
     United States at the same time a report on the waiver is 
     submitted to the congressional defense committees under 
     paragraph (3) of that subsection.
       (2) Comptroller general review.--Not later than 60 days 
     after receipt of a notice on a waiver under paragraph (1), 
     the Comptroller General shall--
       (A) review the rationale for the waiver; and
       (B) submit to the congressional defense committees a 
     written assessment of the rationale for the waiver.
       (e) Applicability.--This section shall apply to any
                                 ______
                                 
  SA 1051. Mrs. McCASKILL (for herself and Mr. Casey) submitted an 
amendment intended to be proposed by her to the bill S. 454, to improve 
the organization and procedures of the Department of Defense for the 
acquisition of major weapon systems, and for other purposes; as 
follows:

       On page 53, between lines 17 and 18, insert the following:
       (c) Review of Joint Military Requirements.--
       (1) JROC submittal of recommended requirements to under 
     secretary for atl.--Upon recommending a new joint military 
     requirement, the Joint Requirements Oversight Council shall 
     transmit the recommendation to the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics for review and 
     concurrence or non-concurrence in the recommendation.
       (2) Review of recommended requirements.--The Under 
     Secretary for Acquisition, Technology, and Logistics shall 
     review each recommendation transmitted under paragraph (1) to 
     determine whether or not the Joint Requirements Oversight 
     Council has, in making such recommendation--
       (A) taken appropriate action to solicit and consider input 
     from the commanders of the combatant commands in accordance 
     with the requirements of section 181(e) of title 10, United 
     States Code (as amended by section 105);
       (B) given appropriate consideration to trade-offs among 
     cost, schedule, and performance in accordance with the 
     requirements of section 181(b)(1)(C) of title 10, United 
     States Code (as amended by subsection (b)); and
       (C) given appropriate consideration to issues of joint 
     portfolio management, including alternative material and non-
     material solutions, as provided in Chairman of the Joint 
     Chiefs of Staff Instruction 3170.01G.
       (3) Non-concurrence of under secretary for atl.--If the 
     Under Secretary for Acquisition, Technology, and Logistics 
     determines that the Joint Requirements Oversight Council has 
     failed to take appropriate action in accordance with 
     subparagraphs (A), (B), and (C) of paragraph (2) regarding a 
     joint military requirement, the Under Secretary shall return 
     the recommendation to the Council with specific 
     recommendations as to matters to be considered by the Council 
     to address any shortcoming identified by the Under Secretary 
     in the course of the review under paragraph (2).
       (4) Notice on continuing disagreement on requirement.--If 
     the Under Secretary for Acquisition, Technology, and 
     Logistics and the Joint Requirements Oversight Council are 
     unable to reach agreement on a joint military requirement 
     that has been returned to the Council by the Under Secretary 
     under paragraph (4), the Under Secretary shall transmit 
     notice of lack of agreement on the requirement to the 
     Secretary of Defense.
       (5) Resolution of continuing disagreement.--Upon receiving 
     notice under paragraph (4) of a lack of agreement on a joint 
     military requirement, the Secretary of Defense shall make a 
     final determination on whether or not to validate the 
     requirement.
       On page 53, line 18, strike ``(c)'' and insert ``(d)''.
       On page 54, line 12, strike ``(d)'' and insert ``(e)''.
                                 ______
                                 
  SA 1052. Mrs. MURRAY (for herself and Mr. Chambliss) submitted an 
amendment intended to be proposed by her to the bill S. 454, to improve 
the organization and procedures of the Department of Defense for the 
acquisition of major weapon systems, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 207. EXPANSION OF NATIONAL SECURITY OBJECTIVES OF THE 
                   NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

       (a) In General.--Subsection (a) of section 2501 of title 
     10, United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(6) Maintaining critical design skills to ensure that the 
     armed forces are provided with systems capable of ensuring 
     technological superiority over potential adversaries.''.
       (b) Certification of Compliance of Termination of Mdaps 
     With National Security Objectives.--Such section is further 
     amended by adding at the end the following new subsection:
       ``(c) Certification of Compliance of Termination of Major 
     Defense Acquisition Program With Objectives.--(1) Upon the 
     termination of a major defense acquisition program, the 
     Secretary of Defense shall certify to Congress that the 
     termination of the program is consistent with the national 
     security objectives for the national technology and 
     industrial base set forth in subsection (a).
       ``(2) In this subsection, the term `major defense 
     acquisition program' has the meaning given that term in 
     section 2430 of this title.''.
                                 ______
                                 
  SA 1053. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 454, to improve the organization and procedures 
of the Department of Defense for the acquisition of major weapon 
systems, and for other purposes; as follows:

       On page 63, line 11, insert ``for special security 
     agreements'' after ``to those required''.
                                 ______
                                 
  SA 1054. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 454, to improve the organization and procedures 
of the Department of Defense for the acquisition of major weapon 
systems, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 65, strike line 16 and all that follows through 
     page 66, line 17, and insert the following:

     system by providing for the consideration of prime 
     contractors ``make-buy'' decisions in past performance 
     evaluations.
                                 ______
                                 
  SA 1055. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 454, to improve the organization and procedures 
of the Department of Defense for the acquisition of major weapon 
systems, and for other purposes; as follows:

       At the end of title I, add the following:

     SEC. 106. CLARIFICATION OF SUBMITTAL OF CERTIFICATION OF 
                   ADEQUACY OF BUDGETS BY THE DIRECTOR OF THE 
                   DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT 
                   CENTER.

       Section 196(e)(2) of title 10, United States Code, is 
     amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) If the Director of the Center is not serving 
     concurrently as the Director of Developmental Test and 
     Evaluation under subsection (b)(2) of section 139c of this 
     title, the certification of the Director of the Center under 
     subparagraph (A) shall, notwithstanding subsection (c)(4) of 
     such section, be submitted directly and independently to the 
     Secretary of Defense.''.
                                 ______
                                 
  SA 1056. Ms. SNOWE (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 454, to improve 
the organization and procedures of the Department of Defense for the 
acquisition of major weapon systems, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, after line 2, add the following:

     SEC. 207. AMENDMENTS TO THE FEDERAL ACQUISITION REGULATION.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Federal Acquisition Regulatory 
     Council established under section 25(a) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 421(a)) shall amend 
     the Federal Acquisition Regulation issued pursuant to section 
     25 of such Act to clarify the relationship between certain 
     programs of the Small Business Administration.
       (b) Content of Amendments.--The amendments made pursuant to 
     subsection (a) shall--
       (1) reflect the interpretations of the Small Business Act 
     (15 U.S.C. 631 et seq.) by the Administrator of the Small 
     Business Administration relating to the order of precedence 
     that applies when determining whether to satisfy a 
     requirement under the Federal Acquisition Regulation through 
     an award of a contract to--
       (A) a small business concern, as that term is used in 
     section 3 of the Small Business Act (15 U.S.C. 632);
       (B) a HUBZone small business concern, within the meaning 
     given that term under section 3(p)(3) of the Small Business 
     Act (15 U.S.C. 632(p)(3));
       (C) a small business concern owned and controlled by 
     service-disabled veterans, as that term is defined in section 
     3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)); or
       (D) a small business concern that participates in the 
     program under section 8(a) of the Small Business Act (15 
     U.S.C. 637(a)); and
       (2) include the amendments relating to socioeconomic 
     program parity proposed by the Federal Acquisition Regulatory 
     Council and published in the Federal Register on March 10, 
     2008 (73 Fed. Reg. 12699 et seq.).
       (c) Technical Clarification.--Section 36(b) of the Small 
     Business Act (15 U.S.C. 657f(b)) is amended by striking 
     ``may'' and inserting ``shall''.

[[Page S5245]]



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