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United States General Accounting Office:

Testimony:

Before the Subcommittee on National Security, Emerging Threats, and 
International Relations, Committee on Government Reform, House of 
Representatives:

GAO:

For Release on Delivery Expected at 11:00 a.m. EDT:

Monday, July 21, 2003:

Joint Strike Fighter Acquisition:

Managing Competing Pressures Is Critical to Achieving Program Goals:

Statement of Katherine V. Schinasi, Director Acquisition and Sourcing 
Management:

Joint Strike Fighter Acquisition:

GAO-03-1012T:

GAO Highlights:

Highlights of GAO-03-1012T, a testimony before the Subcommittee on 
National Security, Emerging Threats, and International Relations, 
Committee on Government Reform, House of Representatives 

Why GAO Did This Study:

The Joint Strike Fighter (JSF) is a cooperative program between the 
Department of Defense (DOD) and U.S. allies for developing and 
producing next generation fighter aircraft to replace aging 
inventories. As currently planned, the JSF program is DOD’s most 
expensive aircraft program to date, costing an estimated $200 billion 
to procure about 2,600 aircraft and related support equipment. Many in 
DOD consider JSF to be a model for future cooperative programs.

To determine the implications of the JSF international program 
structure, GAO identified JSF program relationships and expected 
benefits, and assessed how DOD is managing challenges associated with 
partner expectations, technology transfer, and recent technical 
concerns.

What GAO Found:

The JSF program is based on a complex set of relationships among 
governments and industries from the United States and eight partner 
countries. The program is expected to benefit the United States by 
reducing its share of program costs, giving it access to foreign 
industrial capabilities, and improving interoperability with allied 
militaries. Partner governments expect to benefit financially and 
technologically through relationships with U.S. aerospace companies 
and access to JSF program data.

Yet international participation also presents a number of challenges. 
Because of their contributions to the program, partners have 
significant expectations for financial returns, technology transfer, 
and information sharing. If these expectations are not met, their 
support for the program could deteriorate. To realize these financial 
returns, partners expect their industry to win JSF contracts through 
competition—a departure from cooperative programs, which directly link 
contract awards to financial contributions. However, recent actions by 
the prime contractor could indicate a departure from this competitive 
approach and a return to directed work share. Technology transfer also 
presents challenges. Transfers of sensitive U.S. military technologies—
which are needed to achieve aircraft commonality and interoperability 
goals—will push the boundaries of U.S. disclosure policy. In addition, 
a large number of export authorizations are needed to share project 
information and execute contracts. These authorizations must be 
submitted and resolved in a timely manner to maintain program 
schedules and ensure partner industry has the opportunity to compete 
for subcontracts. Finally, recent technical challenges threaten 
program costs and possibly partner participation in the program. While 
partners can choose to share any future program cost increases, they 
are not required to do so. Therefore, the burden of any future 
increases may fall almost entirely on the United States. If efforts to 
meet any of these partner expectations come into conflict with program 
cost, schedule, and performance goals, the program office will have to 
make decisions that balance these potentially competing interests 
within the JSF program.

What GAO Recommends: 

GAO is not making recommendations in this testimony. In a report 
issued concurrently (GAO-03-775), GAO is recommending that the 
Secretary of Defense direct the JSF program office to ensure that 
international supplier planning anticipates and mitigates risks 
associated with technology transfer and that information concerning 
the selection and management of suppliers is available, closely 
monitored, and used to improve program outcomes. In comments on that 
report, DOD concurred with the recommendations.

[End of section]

Mr. Chairman and Members of the Subcommittee:

I am pleased to be here to discuss the Joint Strike Fighter (JSF) 
international acquisition strategy. DOD views the JSF program as 
both a model for acquisition reform and an example for the future of 
international cooperation. We have previously reported to you on how 
the JSF program is being managed relative to best practices for product 
development. Central to these best practices is the understanding that 
attainment of sufficient knowledge at key program junctures results in 
a low-risk path from design to production.

My statement focuses on the structure of the JSF program, the benefits 
and challenges cooperative development brings to the overall 
acquisition approach, and the opportunity DOD has to achieve critical 
program goals. We are also releasing a report today, done at your 
request, which addresses many of the issues I am discussing in this 
statement.

Because international participation adds complexity to already 
challenging acquisition programs, proponents of other DOD acquisition 
efforts are assessing the potential benefits of using the JSF model and 
incorporating key elements into their program strategies. Choices made 
to balance both partner expectations and overall program goals will be 
critical not only to the success of this program, but potentially for 
many future cooperative development efforts. DOD and the JSF Program 
Office need to ensure that sufficient knowledge is available and 
appropriately used in making these decisions.

Background:

The JSF program is DOD's largest cooperative program. It is structured 
on a multitiered set of relationships involving both government and 
industry from the United States and eight allied nations--the United 
Kingdom, Italy, the Netherlands, Turkey, Denmark, Norway, Canada, and 
Australia. These relationships are shown in figure 1.

Figure 1: JSF Program Relationships:

[See PDF for image]

[A] Figure does not reflect relationships that the prime contractors 
may have with nonpartner countries.

[End of figure]

The JSF program structure was established through a framework 
memorandum of understanding (MOU) and individual supplemental 
MOUs between each of the partner country's defense department or 
ministry and DOD, negotiating on behalf of the U.S. government. These 
agreements identify the roles, responsibilities, and expected benefits 
for all participants. The current negotiated agreement covers only the 
system development and demonstration phase, and participation now does 
not guarantee participation in future phases.

The program intends to produce three fighter variants to meet 
multiservice requirements: conventional flight for the Air Force, short 
take-off and vertical landing for the Marine Corps, and carrier 
operations for the Navy. As currently planned, the program will cost 
about $200 billion to develop and procure about 2,600 aircraft and 
related support equipment.

In October 2001, DOD awarded Lockheed Martin Aeronautics Company 
a contract for the system development and demonstration phase. Pratt 
and Whitney and General Electric were awarded contracts to develop the 
aircraft engines. This phase is estimated to last about 10 years and 
cost about $33 billion; it will involve large, fixed investments in 
human capital, facilities, and materials. The next significant 
knowledge point will be a critical design review, currently planned for 
July 2005. At that time, the aircraft design should be stable and 
engineering drawings should be available to confirm that the design 
performs acceptably and can be considered mature.

United States and Partners Expect Significant Benefits:

The United States and its partners expect to realize a variety of 
benefits from cooperation on the JSF program. The United States expects 
to benefit from partner contributions and potential future aircraft 
sales; access to partner industrial capabilities; and improved 
interoperability with partner militaries once the aircraft is fielded. 
Partner governments expect to benefit financially and obtain an 
aircraft they could not afford to develop on their own. Partners also 
expect to benefit from increased access to JSF program data, defined 
influence over aircraft requirements, and technology transfers to their 
industries from U.S. aerospace companies. For the partners, industrial 
return, realized through JSF subcontract awards, is critical for their 
continued participation in the program.

United States Benefits from Financial Contributions and Access to 
Partner Industry:

According to DOD and the program office, through its cooperative 
agreements, the JSF program contributes to armaments cooperation policy 
in the following four areas:

* Political/military-expanded foreign relations.

* Economic-decreased JSF program costs from partner contributions.

* Technical-increased access to the best technologies of foreign 
partners.

* Operational-improved mission capabilities through interoperability 
with allied systems.

DOD and the JSF Program Office expect to benefit financially from 
direct partner contributions and through aircraft purchased by partners 
and other international buyers, which reduces overall unit cost. 
Foreign countries become program partners at one of three participation 
levels, based on financial contribution, which the United States uses 
to defray program costs. For the current system development and 
demonstration phase, partner governments have committed to provide over 
$4.5 billion to the JSF program and are expected to purchase 722 
aircraft once the aircraft enters the production phase.[Footnote 1] 
According to DOD, foreign military sales to nonpartner countries could 
include an additional 1,500 to 3,000 aircraft. Expected partner 
financial contributions and aircraft purchases are detailed in table 1.

Table 1: JSF Partner Financial Contributions and Estimated Aircraft 
Purchases:

Partner country: United Kingdom; System development and 
demonstration: Partner level: Level I; System development and 
demonstration: Financial contributions (in millions)[A]: $2,056; 
System development and demonstration: Percentage of total costs: 6.2; 
Production: Projected quantities: 150; Production: Percentage 
of total quantities: 4.7.

Partner country: Italy; System development and demonstration: 
Partner level: Level II; System development and demonstration: 
Financial contributions (in millions)[A]: $1,028; System development 
and demonstration: Percentage of total costs: 3.1; Production: 
Projected quantities: 131; Production: Percentage of total quantities: 
4.1.

Partner country: Netherlands; System development and 
demonstration: Partner level: Level II; System development and 
demonstration: Financial contributions (in millions)[A]: $800; System 
development and demonstration: Percentage of total costs: 2.4; 
Production: Projected quantities: 85; Production: Percentage of total 
quantities: 2.7.

Partner country: Turkey; System development and demonstration: 
Partner level: Level III; System development and demonstration: 
Financial contributions (in millions)[A]: $175; System development and 
demonstration: Percentage of total costs: 0.5; Production: 
Projected quantities: 100; Production: Percentage of total quantities: 
3.2.

Partner country: Australia; System development and 
demonstration: Partner level: Level III; System development and 
demonstration: Financial contributions (in millions)[A]: $144; System 
development and demonstration: Percentage of total costs: 0.4; 
Production: Projected quantities: 100; Production: Percentage of total 
quantities: 3.2.

Partner country: Norway; System development and demonstration: 
Partner level: Level III; System development and demonstration: 
Financial contributions (in millions)[A]: $122; System development and 
demonstration: Percentage of total costs: 0.4; Production: 
Projected quantities: 48; Production: Percentage of total quantities: 
1.5.

Partner country: Denmark; System development and 
demonstration: Partner level: Level III; System development and 
demonstration: Financial contributions (in millions)[A]: $110; System 
development and demonstration: Percentage of total costs: 0.3; 
Production: Projected quantities: 48; Production: Percentage of total 
quantities: 1.5.

Partner country: Canada; System development and demonstration: 
Partner level: Level III; System development and demonstration: 
Financial contributions (in millions)[A]: $100; System development and 
demonstration: Percentage of total costs: 0.3; Production: 
Projected quantities: 60; Production: Percentage of total quantities: 
1.9.

Partner country: Total partner; System development and 
demonstration: Partner level: System development and 
demonstration: Financial contributions (in millions)[A]: $4,535; 
System development and demonstration: Percentage of total costs: 
13.7[B]; Production: Projected quantities: 722; Production: 
Percentage of total quantities: 22.8.

Partner country: United States; System development and 
demonstration: Partner level: System development and 
demonstration: Financial contributions (in millions)[A]: $28,565; 
System development and demonstration: Percentage of total costs: 86.3; 
Production: Projected quantities: 2,443; Production: 
Percentage of total quantities: 77.2.

Sources: DOD and JSF program documents and Arms Export Control Act 
project certifications to Congress.

[A] Chart values do not reflect any nonfinancial contributions from 
partners.

[B] Percentages do not add due to rounding.

[End of table]

Contributions can be financial or nonfinancial. For example, Turkey's 
system development and demonstration contribution was all cash. Denmark 
contributed $110 million in cash, and also the use of an F-16 aircraft 
and related support equipment for future JSF flight tests and the use 
of North Atlantic Treaty Organization command and control assets for a 
JSF interoperability study, which were valued to be worth an additional 
$15 million to the program.

In addition, U.S. industry cooperation with aerospace suppliers in 
partner countries is expected to benefit the JSF program because of the 
specific advanced design and manufacturing capabilities available from 
those suppliers. For example, British industry has a significant 
presence in the program with BAE Systems as a teammate to Lockheed 
Martin and Rolls Royce as a major engine subcontractor. In addition, 
Fokker Aerostructures in the Netherlands is under contract to develop 
composite flight doors for the JSF airframe.

Partners Benefit Financially and from Shared Technology 
and Information:

Partner governments expect to benefit financially by leveraging 
significant U.S. resources and inventory requirements to obtain an 
advanced tactical aircraft they could not afford to develop on their 
own. From a government perspective, Level I and II partners have been 
guaranteed waivers of nonrecurring aircraft costs; Level III partners 
will be considered for a similar waiver.[Footnote 2] All partners are 
also eligible to receive potential levies collected on future foreign 
military sales of aircraft to nonpartner customers.[Footnote 3] In 
addition, and in most cases more importantly, partners have identified 
industrial return to in-country suppliers as vital to their 
participation in the program. In a recent study assessing the financial 
impact of the JSF program on international suppliers, DOD reported that 
partners could potentially earn between $5 and $40 of revenue in return 
for each dollar contributed to the program.

Through government and industrial participation, partner countries 
also expect to benefit from the technology transferred from U.S. to 
partner industry through JSF contract awards. Partners expect that 
early participation in the JSF program will improve their defense 
industrial capability through increased access to design, technical, 
and manufacturing data and through the ability to perform advanced 
planning for operation and support of the JSF once it is delivered in 
their respective countries.[Footnote 4] Involvement in the early phases 
of the JSF program has provided partners with information on the 
development of aircraft requirements, program costs and schedules, and 
logistics concepts. International partners have access to program and 
technology information through participation on senior-level 
management decision-making bodies, representation in the JSF Program 
Office, and involvement on program integrated product teams. Partner 
program office personnel, regardless of participation level, have equal 
access to most information. Partner staff can request information from 
integrated product teams on which they have no membership, as long as 
the information is not restricted from being released to 
their countries.

Program Challenges Force JSF Program to Balance Competing Pressures:

International program participants have significant expectations 
regarding government and industry return based on their contributions. 
As such, the JSF Program Office and Lockheed Martin are faced with 
balancing these expectations against other program goals. Recent 
actions by Lockheed Martin to address partner concerns could represent 
a departure from the JSF competitive contracting approach and result in 
increased program costs. International participation in the program 
also presents a challenge because the transfer of technologies 
necessary to achieve DOD's goals for aircraft commonality is expected 
to far exceed past transfers of advanced military technology. Further, 
export authorizations for critical suppliers need timely planning, 
preparation, and disposition to help avoid schedule delays in the 
program and ensure partners the opportunity to bid for contracts.

Alternate Contracting Approach May be Used to Meet Partner 
Expectations:

DOD and the JSF Program Office have said that the use of competitive 
contracting is central to meeting partner expectations for industrial 
return and will assist in controlling program costs. JSF officials use 
the term "best value" to describe this approach, which is a departure 
from other cooperative development programs that guarantee 
pre-determined levels of works based on contribution.[Footnote 5] 
Partner representatives generally agree with the JSF competitive 
approach to contracting, but some emphasize that their industries' 
ability to win JSF contracts whose total value approaches or exceeds 
their financial contributions for the JSF system development and 
demonstration phase is important for their continued involvement in the 
program. The program office and the prime contractor have a great deal 
of responsibility for providing a level playing field for JSF 
competitions, including visibility into the subcontracting process and 
opportunities for partner industries to bid on subcontracts. To that 
end, Lockheed Martin performed assessments for many of the partners to 
determine the ability of their industries to compete for JSF contracts. 
The results of these assessments in some cases showed potential return 
that far exceeded country contribution levels. In some cases, Lockheed 
Martin then signed agreements with partner governments and suppliers to 
document the opportunities they would have to bid for JSF contracts, as 
well as the potential value of those contracts.

DOD and the JSF Program Office have left implementation of the 
competitive contracting approach to Lockheed Martin whose decisions 
will therefore largely determine how partner expectations are balanced 
against program goals. In at least one case, Lockheed Martin has 
promised an international contractor predetermined work that satisfies 
a major portion of that country's expected return-on-investment. While 
disavowing knowledge of the specific contents of any such agreement, 
DOD was supportive of their use during partner negotiations. DOD 
officials conceded that the agreements contained in these documents 
departed from the competitive approach. However, the agreements 
were necessary to secure political support in some countries, since the 
U.S. government does not guarantee that the partners will recoup their 
investment through industry contracts on the JSF program. In addition, 
Lockheed Martin has recently developed a plan to use "strategic best 
value sourcing" to supplement its original competitive approach. 
According to DOD, this plan will allow for a limited number of work 
packages to be directly awarded to industry in partner countries where 
contract awards to date have not met expectations. While there are 
predetermined cost goals under these strategic awards, there are 
concerns from some partners that this is a departure from the 
competitive approach and, in fact, a move toward prescribed work share.

Because Lockheed Martin makes the subcontracting decisions, it bears 
the primary responsibility for managing partner expectations--in 
addition to duties associated with designing, developing, and producing 
the aircraft. Lockheed Martin's actions seem to indicate a response to 
partner concerns about return-on-investment expectations and a desire 
to ensure continued partner participation. Most partners have a clause 
in their agreements that allow for withdrawal from this phase of the 
program if industrial participation is not satisfactory. If a partner 
decided to leave the program, DOD would be deprived of the additional 
development funding expected from that partner. Lockheed Martin could 
be faced with lower than projected international sales, resulting in 
fewer units sold. At the same time, directed work share often results 
in less than optimal program results. For example, other coproduction 
programs such as the F-16 Multinational Fighter, which employ the 
traditional work share approach, often pay cost premiums in terms of 
increased manufacturing costs associated with use of 
foreign suppliers.[Footnote 6]

JSF Stretches Disclosure Boundaries:

The United States has committed to design, develop, and qualify 
aircraft for partners that fulfill the JSF operational requirements 
document and are as common to the U.S. JSF configuration as possible 
within National Disclosure Policy.[Footnote 7] DOD and the JSF Program 
Office must balance partner expectations for commonality against the 
transfer of U.S. military technology. Decisions in this area will be 
critical because the extent of technology transfers necessary to 
achieve program goals will push the boundaries of U.S. disclosure 
policy for some of the most sensitive U.S. military technology. To 
address these issues, Lockheed Martin has a contract requirement to 
conduct a study to develop a partner JSF specification that fulfills 
commonality goals. Due to issues related to the disclosure review 
process, the contractor expects to deliver the study to the program 
office in August 2003, 5 months later than originally planned. 
According to DOD, the program has requested exceptions from National 
Disclosure Policy in some cases to achieve aircraft commonality goals 
and avoid additional development costs. Some DOD officials told us that 
technology transfer decisions have been influenced by JSF program 
goals, rather than adjusting program goals to meet current disclosure 
policy.

DOD, JSF Program Office, and Lockheed Martin officials agreed that 
technology transfer issues should be resolved as early as possible in 
order to meet program schedules without placing undue pressure on the 
release process. The program has taken steps to address potential 
concerns, including chartering a working group to review how past 
export decisions apply to the JSF program; identify contentious items 
in advance; and provide workable resolutions that minimize the impact 
to the program cost, schedule, or performance. However, partners have 
expressed concern about the pace of information sharing and decision 
making related to the JSF support concept. For example, according to 
several partners, greater access to technical data is needed so that 
they can plan for and develop a sovereign support infrastructure as 
expressed in formal exchanges of letters with the United States. The 
JSF program is conducting trade studies to further define the concept 
for how the JSF will be maintained and supported worldwide so that it 
can start to address these issues. According to program officials, this 
strategy will identify the best approach for maintaining JSF aircraft, 
and it may include logistics centers in partner countries. Follow-on 
trade studies would determine the cost of developing additional 
maintenance locations. The implementation of the global support 
solution and the options identified in follow-on trade studies will 
have to be in full compliance with the National Disclosure Policy, or 
the program will need to request exceptions.

Export Control Process Presents Challenges for JSF Program:

Authorization for export of JSF information to partners and 
international suppliers also present challenges for the program. In 
addition to the U.S. government determining the level of disclosure for 
partners and technology areas, JSF contractors must receive 
authorization to transfer data and technology through the export 
control process. Due to the degree of international participation at 
both a government and an industry level, a large number of export 
authorizations are necessary to share project information with 
governments, solicit bids from partner suppliers, and execute 
contracts. The JSF Program Office and Lockheed Martin told us that 
there were over 400 export authorizations and amendments granted during 
the JSF concept demonstration phase, and they expect that the number of 
export authorizations required for the current phase could exceed 
1,000. Lockheed Martin officials told us that an increased level of 
resources has been required to address licensing and other export 
concerns for the program.

Export authorizations for critical suppliers need to have timely 
planning, preparation, and disposition to help avoid schedule delays 
and cost increases in the program. Without proper planning, there could 
be pressure to expedite reviews and approvals of export authorizations 
to support program goals and schedules. In addition, advanced 
identification of potential alternative sources for critical contracts 
could be an appropriate action to prevent schedule delays in the event 
of unfavorable approval decisions. Although it is required to do so, 
Lockheed Martin has not completed a long-term industrial participation 
plan that provides information on JSF subcontracting. Such a plan could 
be used to anticipate export authorizations needed for international 
suppliers and identify potential licensing concerns far enough in 
advance to avoid program disruption or accelerated licensing reviews. 
Our work has shown that past cooperative programs have experienced cost 
and schedule problems as a result of poor planning for licenses. For 
example, like the JSF, the Army's Medium Extended Air Defense System 
program involves several sensitive technologies critical to preserving 
the U.S. military advantage. That program failed to adequately plan for 
release requirements related to those technologies and saw dramatic 
increases in approval times, which affected contractors' ability to use 
existing missile technology and pursue the cheapest technical 
solution.[Footnote 8]

Timely disposition of export authorizations is also necessary to avoid 
excluding partner industries from competitions. While Lockheed Martin 
has stated that no foreign supplier has been excluded from any of its 
competitions or denied a contract because of fear of export 
authorization processing times or the conditions that might be placed 
on an authorization, the company is concerned this could happen. In 
fact, one partner told us that export license delays have had a 
negative effect on the participation of its companies because some U.S. 
subcontractors have been reluctant to take on the added burden of the 
license process. The U.S. subcontractors must apply for the export 
authorization on behalf of the foreign supplier, which can add time and 
expense to their contracts. Further, we were told that some partner 
companies have been unable to bid due to the time constraints involved 
in securing an export license.

The JSF program has attempted to address the additional administrative 
tasks associated with export authorizations by adding resources to help 
prepare applications and exploring ways to streamline the process. 
For example, Lockheed Martin received a global project authorization 
(GPA)--an "umbrella" export authorization that allows Lockheed Martin 
and other U.S. suppliers on the program to enter into agreements with 
over 200 partner suppliers to transfer certain technical data--from the 
Department of State. Approved in October 2002, implementation of the 
GPA was delayed until March 2003 because of supplier concerns related 
to liability and compliance requirements. In March 2003, the first GPA 
implementing agreement between Lockheed Martin and a company in a 
partner country was submitted and approved in 4 business days. JSF 
partners have expressed dissatisfaction with the time it has taken to 
finalize the conditions under which the GPA can be used and 
disappointment that the authorization may not realize their 
expectations in terms of reducing the licensing burdens of the program. 
As currently structured, the GPA does not cover the transfer of any 
classified information or certain unclassified, export-controlled 
information in sensitive technology areas such as stealth, radar, and 
propulsion.

Technical Concerns Could Affect Program Costs and Partner 
Participation:

The Joint Strike Fighter program, and its implications for acquisition 
reform and cooperative development, is a good test of whether the 
desire for better outcomes can outweigh traditional management 
pressures. In our 2001 review of JSF technical maturity, we employed 
knowledge standards consistent with best practices and DOD 
acquisition reforms and found thatseveral technologies critical to 
meeting requirements were not sufficiently mature.[Footnote 9] The best 
practice for such a decision is to have a match between technologies 
and weapon requirements. At its recent preliminary design review, the 
JSF program uncovered significant problems with regard to various 
issues, including aircraft weight, design maturity, and weapons 
integration. Such problems have historically resulted in increased 
program costs, longer development schedules, or a reduction in system 
capabilities. While such actions can negatively affect the U.S. 
military services, the impact may be more substantial for partners 
because they have less control over program decisions and less ability 
to adjust to these changes. This may affect partners' participation in 
the program in a variety of ways.

First, the continued affordability of the development program and the 
final purchase price are important for partners--both of which could be 
affected by recent technical problems. There is no guarantee that 
partners will automatically contribute to cost overruns, especially if 
the increase is attributable to factors outside their control. 
Therefore, future cost increases in the JSF program may fall almost 
entirely on the United States because there are no provisions in the 
negotiated agreements requiring partners to share these increases. 
Partner representatives indicated that they intend to cooperate with 
the JSF Program Office and Lockheed Martin in terms of sharing 
increased program costs when justified. However, some partner officials 
expressed concern over the tendency of U.S. weapon system requirements 
to increase over time, which results in greater risk and higher costs. 
While some partners could fund portions of cost overruns from military 
budgets if requested, others told us that even if they were willing to 
support such increases, these decisions would have to be made through 
their parliamentary process.

DOD has not required any of the partners to share cost program 
increases to date. For example, cost estimates for the system 
development and demonstration phase have increased on multiple 
occasions since the program started in 1996. During that time, the 
expected cost for this phase went from $21.2 billion to $33.1 billion 
as a result of scope changes and increased knowledge about cost. 
According to DOD, partners have not been required to share any of these 
costs because the changes were DOD directed and unrelated to partner 
actions or requirements. To encourage partners to share costs where 
appropriate, the United States has said it will consider past cost 
sharing behavior when negotiating MOUs for future phases of the 
program. If a partner refuses to share legitimate costs during the 
system development and demonstration phase, the United States can use 
future phase negotiations to recoup all or part of those costs. In 
these instances, the United States could reduce levies from future 
sales, refuse to waive portions of the nonrecurring cost charges for 
Level III partners, or in a worst case, choose not to allow further 
participation in the program. However, DOD officials have not committed 
to using these mechanisms to encourage cost sharing. Therefore, DOD may 
be forced to choose between accepting the additional cost burden and 
asking for additional partner contributions--which could jeopardize 
partner support for the program.

Conclusion:

The JSF program is not immune to unpredictable cost growth, schedule 
delays, and other management challenges that have historically plagued 
DOD's systems acquisition programs. International participation in the 
program, while providing benefits, makes managing these challenges 
more difficult and places additional risk on DOD and the prime 
contractor. While DOD expects international cooperation in systems 
acquisition to benefit future military coalition engagements, this may 
come at the expense of U.S. technological and industrial advantages or 
the overall affordability of the JSF aircraft. Over the next 2 years, 
DOD will make decisions that critically affect the cost, schedule, and 
performance of the program. Because Lockheed Martin bears the 
responsibility for managing partner industrial expectations, it will be 
forced to balance its ability to meet program milestones and collect 
program award fees against meeting these expectations--which could be 
key to securing future sales of the JSF for the company. In turn, DOD 
must be prepared to assess and mitigate any risks resulting from these 
contractor decisions as it fulfills national obligations set forth in 
agreements with partner governments. While some steps have been taken 
to position the JSF program for success, given its size and importance, 
additional attention from DOD and the program office would help 
decrease the risks associated with implementing the international 
program.

In the report we are releasing today, we recommend that DOD ensure 
that the JSF Program Office and its prime contractors have sufficient 
information on international supplier planning to fully anticipate and 
mitigate risk associated with technology transfer and that information 
concerning the selection and management of suppliers is available, 
closely monitored, and used to improve program outcomes. Toward this 
end, DOD and the JSF Program Office need to maintain a significant 
knowledge base to enable adequate oversight and control over an 
acquisition strategy that effectively designs, develops, and produces 
the aircraft while ensuring that the strategy is carried out to the 
satisfaction of the U.S. services and the international partners. Tools 
are in place to provide this oversight and management, but they must be 
fully utilized to achieve program goals.

DOD concurred with our report recommendations, agreeing to (1) ensure 
that Lockheed Martin's JSF international industrial plans are 
continually reviewed for technology control, export control, and risk 
mitigation issues and (2) work with Lockheed Martin to achieve 
effective program oversight when it comes to partner expectations and 
program goals. While we commend this proactive response, we note that 
DOD did not provide any detail as to the criteria to be employed for 
reviewing industrial plans. In addition, DOD did not specify how it 
plans to collect and monitor information in suppliers or elaborate on 
other steps the JSF Program Office would take to identify and resolve 
potential conflicts between partner expectations and program goals.

Through decisions made on the Joint Strike Fighter program today, DOD 
will also influence other acquisition programs like the Missile Defense 
Agency's suite of land, sea, air, and space defense systems and the 
Army's Future Combat System. These programs will potentially shape 
budgetary and strategic military policy for the long term, and as such, 
need to use every tool available for success. Adopting knowledge-based 
policies and practices with regard to these critical acquisition 
programs is an important first step to ensuring that success.

Mr. Chairman, that concludes my statement. I will be happy to respond 
to any questions you or other Members of the Subcommittee may have.

Contacts and Acknowledgments:

For future questions regarding this testimony, please contact Katherine 
Schinasi, (202) 512-4841. Individuals making key contributions to this 
testimony include Tom Denomme, Brian Mullins, and Ron Schwenn.

FOOTNOTES

[1] Israel and Singapore have recently indicated their intention to 
participate in the program as security cooperation participants, a 
nonpartner arrangement, that offers limited access to program 
information, without a program office presence.

[2] The President of the United States may reduce or waive cooperative 
project nonrecurring costs in accordance with the Arms Export Control 
Act (22 U.S.C. 2761 and 2767).

[3] According to DOD, final disposition of levies and nonrecurring 
costs for partners will be decided in production phase MOU 
negotiations.

[4] Most partners have been involved in the JSF program since the 
concept development phase, which began in 1996.

[5] This is not necessarily the same as best value under the Federal 
Acquisition Regulation, which is an acquisition that provides the 
greatest overall benefit in response to the requirement and can be 
obtained by using one or a combination of multiple source selection 
approaches.

[6] U.S. General Accounting Office, F-16 Program: Reasonably 
Competitive Premiums for European Coproduction, GAO/NSIAD-90-181 
(Washington, D.C.: May 14, 1990).

[7] Releasability reviews, such as the low observable/counter low 
observable review process for stealth technology, are necessary to 
transfer certain sensitive technologies and related design and 
manufacturing data to foreign countries and suppliers.

[8] U.S. General Accounting Office, Defense Acquisition: Decision Nears 
on Medium Extended Air Defense System, GAO/NSIAD-98-145 (Washington, 
D.C.: June 9, 1998).

[9] Joint Strike Fighter Acquisition: Mature Critical Technologies 
Needed to Reduce Risks, GAO-02-39 (Washington, D.C.: Oct. 19, 2001).