Page:United States Statutes at Large Volume 123.djvu/1739

 123STA T . 1 7 1 9PUBLIC LA W 111 – 23 —M A Y 22, 2 0 09 (C)the e x te n tt ow h ic htheCo u nci l h as consi d e r ed trade - o f fsa m on g cost , schedule, and p erformance o bj ec- ti v es .TI T LE II —ACQU I S ITI ONP OLIC YSEC.201 .C ON S ID E RAT ION O F TRADE - OFFS A M ON G COST , SC H ED UL E, AND P ERFORMANCE O BJ ECTI V ES IN DEPARTMENT OF DEFENSE AC Q UISITION PROGRAMS. (a) C ONSIDERAT ION O FT RADE- O FFS. — ( 1 ) I N G ENERA L .—The S ecretar y of D efense shall ensure that mechanisms are developed and implemented to re q uire consideration of trade-offs among cost, schedule, and perform- ance objectives as part of the process for developing require- ments for Department of Defense acquisition programs. ( 2 ) E LE M ENTS.—The mechanisms required under this sub- section shall ensure, at a minimum, that— ( A ) Department of Defense officials responsible for acquisition, budget, and cost estimating functions are pro- vided an appropriate opportunity to develop estimates and raise cost and schedule matters before performance objec- tives are established for capabilities for which the Chair- man of the J oint R equirements Oversight Council is the validation authority and ( B ) the process for developing requirements is struc- tured to enable incremental, evolutionary, or spiral acquisi- tion approaches, including the deferral of technologies that are not yet mature and capabilities that are li k ely to signifi- cantly increase costs or delay production until later incre- ments or spirals. (b) D U TIES OF JOINT RE Q UIREMENTS O V ERSIG H T COUN C IL.— Section 1 8 1(b) of title 1 0, U nited States Code, is amended— (1) in paragraph (1)— (A) by striking ‘ ‘and ’ ’ at the end of subparagraph (A); (B) by inserting ‘‘and’’ at the end of subparagraph (B) after the semicolon; and (C) by adding at the end the following new subpara- graph ‘‘(C) in ensuring the consideration of trade-offs among cost, schedule, and performance objectives for joint military requirements in consultation with the advisors specified in subsection (d);’’. (2) in paragraph ( 3 )— (A) by inserting ‘‘, in consultation with the Under Sec- retary of Defense (Comptroller), the Under Secretary of Defense for Acquisition, Technology, and L ogistics, and the Director of Cost Assessment and P erformance Evaluation,’’ after ‘‘assist the Chairman’’; and (B) by striking ‘‘and’’ after the semicolon at the end; (3) in paragraph ( 4 ), by striking the period at the end and inserting ‘‘; and’’; and (4) by adding at the end the following new paragraph: ‘‘( 5 ) assist the Chairman, in consultation with the com- manders of the combatant commands and the Under Secretary of Defense for Acquisition, Technology, and Logistics, in estab- lishing an objective for the overall period of time within which 10USC23 02 note.