Matter for Congressional Consideration

1. Status: Open

   Comments: Congress has not extended the Block 4 reporting requirement in Section 224(d) of the National Defense Authorization Act for Fiscal Year 2017. We will continue to monitor any action the Congress may take in this regard.

   Matter: Congress should consider revising Section 224(d) of the National Defense Authorization Act for Fiscal Year 2017, Pub. L. No. 114-328, to extend DOD's Block 4 reporting requirement until all Block 4 capabilities are fielded to ensure that Congress is aware of cost and schedule growth beyond 2023. (Matter for Consideration 1)

Recommendations for Executive Action

1. Status: Open

   Comments: DOD did not concur with this recommendation, citing updates the F-35 program office provides to oversight entities within DOD. We maintain that the program office should provide these same updates to Congress as well. Without a substantive assessment highlighting specific production risks, as well as the steps DOD will take to mitigate them, Congress may not have key insights into the risks that remain with the program and to the overall effort to deliver F-35s to the warfighter. DOD has agreed to keep the Congress apprised of these matters in its quarterly briefings to the defense committees.

   Recommendation: The OUSD (A&S) should direct the F-35 program office to provide information that is similar to that which is statutorily required after the milestone C review to Congress ahead of the milestone C review (full-rate production decision). This submission should include an evaluation of the production risks associated with critical production processes that are not in control, reliability and maintainability (R&M) targets that are not met, and supplier readiness—particularly for those replacing Turkish suppliers, along with the steps it is taking to address those risks. (Recommendation 1)

   Agency Affected: Department of Defense

2. Status: Open

   Comments: DOD concurred with this recommendation. In response to our report, DOD stated that future reports to Congress will include prior and future costs, outside of the Future Years Defense Program costs. As of September 15, 2020, DOD has not yet issued an updated report to Congress. We will monitor DOD's efforts to address this recommendation once it releases its next report.

   Recommendation: The OUSD (A&S) should direct the F-35 program office to establish a Block 4 cost estimate baseline that includes all Block 4 costs, including incurred costs and future costs in its reports to Congress as required by the NDAA for Fiscal Year 2017, so that Congress has a complete understanding of all Block 4 costs and can compare this baseline to future cost estimates and performance. (Recommendation 2)

   Agency Affected: Department of Defense

3. Status: Open

   Comments: Though DOD did not concur with this recommendation, in response to this report, DOD agreed to evaluate moving to a program-level, product-oriented work breakdown structure in 2021. We will continue to monitor DOD's efforts to address this recommendation.

   Recommendation: The OUSD (A&S) should direct the F-35 program office to complete a program office level, product-oriented work breakdown structure for the next update to its Block 4 cost estimate to ensure that the estimate meets the comprehensive leading practices. (Recommendation 3)

   Agency Affected: Department of Defense

4. Status: Open

   Comments: DOD concurred with this recommendation. In response to this report, DOD stated that the F-35 program office estimate is aligned with the DOD's Cost Assessment and Program Evaluation's approach and methodology for performing development cost estimates. However, DOD did not identify specific actions it plans to take to include risk and uncertainty into its next Block 4 cost estimate update. We will continue to monitor any actions DOD takes in this regard.

   Recommendation: The OUSD (A&S) should direct the F-35 program office to conduct risk and uncertainty analyses for the next update to its Block 4 cost estimate to ensure that the estimate meets the credible leading practices. (Recommendation 4)

   Agency Affected: Department of Defense

5. Status: Open

   Comments: DOD concurred with this recommendation. In response to this report, DOD stated that it continues to evaluate technology readiness levels for Block 4. It noted that Office of the Under Secretary of Defense for Research and Engineering would conduct and independent technology readiness assessment of the Block 4 effort, which the program would use to inform future cost estimates. In May 2020, the F-35 Program Office issued a Technology Readiness Assessment Plan for Block 4. This plan outlines an incremental assessment approach aligned with Block 4 capability drops beginning with the drop scheduled for April 2021. We will continue to monitor DOD's efforts to address this recommendation.

   Recommendation: The OUSD (A&S) should direct the F-35 program office to consider the results of its future technology readiness assessment of all Block 4 technologies and incorporate the cost and schedule risks of developing those technologies in the next update to its Block 4 cost estimate to ensure that the estimate meets the comprehensive leading practices. (Recommendation 5)

   Agency Affected: Department of Defense

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