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Code · BILL · 114th Congress · S. 1118 (Introduced in Senate) — To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense and for militar... · Sec. 823

Sec. 823. Revision of milestone decision authority responsibilities for major defense acquisition programs

1,285 words·~6 min read·/bill/114/s/1118/is/section-823·

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Sections 2366a and 2366b of title 10, United States Code, are amended to read as follows: Before granting Milestone A approval for a major defense acquisition program or a major subprogram, the Milestone Decision Authority for the program or subprogram shall ensure— that information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the risk reduction phase; and that there are sound plans for progression of the program or subprogram to the development phase.
In carrying out subsection (a), the Milestone Decision Authority shall consider to what extent the program or subprogram— meets a joint military requirement; responds to an anticipated or likely threat; has been developed in light of a review of alternative approaches; is affordable; has
(A)identified areas of risk and,
(B)for each such identified area of risk, has a plan to reduce the risk that is documented in the acquisition strategy for the program or subprogram; addresses planning for sustainment; and meets any other considerations the Milestone Decision Authority considers relevant. In assessing the considerations in subsection (b), the Milestone Decision Authority shall include consideration of the following: With respect to joint military requirements, the requirements of section 181 of this title. With respect to alternative approaches, the requirements of section 201 of the Weapon Systems Acquisition Reform Act of 2009 ( Public Law 111–23 ; 10 U.S.C. 2302 note). With respect to affordability and cost estimates and analyses, the requirements of section 2334 of this title. With respect to risk, the requirements of— section 138b of this title; and section 203 of the Weapon Systems Acquisition Reform Act of 2009 ( Public Law 111–23 ; 10 U.S.C. 2430 note). With respect to sustainment, the requirements of section 2337 and section 2464 of this title. Not later than 30 days after granting Milestone A approval for a major defense acquisition program or major subprogram, the Milestone Decision Authority for that program or subprogram shall submit to the congressional defense committees notice of such approval in writing. The Milestone Decision Authority's decision memorandum with respect to such approval shall be available to the congressional defense committees upon request, consistent with any relevant classification requirements. In this section: The term major defense acquisition program means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section 2430 of this title. The term major subprogram means a major subprogram of a major defense acquisition program designated under section 2430a(a)(1) of this title. The term Milestone Decision Authority , with respect to a major defense acquisition program or a major subprogram, means the official within the Department of Defense designated with the overall responsibility and authority for acquisitions decisions for the program or subprogram, including authority to approve entry of the program or subprogram into the next phase of the acquisition process. The term Milestone A approval means a decision to enter into a risk reduction phase pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs. The term joint military requirement has the meaning given that term in section 181(g)(1) of this title. Before granting Milestone B approval for a major defense acquisition program or a major subprogram, the Milestone Decision Authority for the program or subprogram shall ensure— that information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the development phase; and that there are sound plans in place for the program or subprogram to deliver the required capability. In carrying out subsection (a), the Milestone Decision Authority shall consider to what extent the program or subprogram will do each of the following: Provide a capability that is affordable. Identify and mitigate programmatic risks. Deliver a capability with acceptable performance to fulfill a joint military requirement. Utilize technologies assessed to be mature. Effectively utilize competition. Enable sustainment of the capability that is provided by the program or subprogram. Continue to address, as necessary, the considerations for Milestone A approval (or in the case that the program has not previously been granted Milestone A approval, address such considerations). Respond to anticipated or likely threats. Meet any other considerations the Milestone Decision Authority considers relevant. In addressing the considerations in subsection (b), the Milestone Decision Authority shall include consideration of the following: With respect to affordability, the requirements of section 2334 of this title. With respect to risk, the requirements of— section 203 of the Weapon Systems Acquisition Reform Act of 2009 ( Public Law 111–23 ; 10 U.S.C. 2430 note); and section 138b of this title. With respect to fulfilling a joint military requirement, the requirements of section 181 of this title. With respect to competition, the requirements of— section 202 of the Weapon Systems Acquisition Reform Act of 2009 ( Public Law 111–23 ; 10 U.S.C. 2430 note); and section 2304 of this title. With respect to sustainment, the requirements of section 2337 and section 2464 of this title. Not later than 30 days after granting Milestone B approval for a major defense acquisition program or major subprogram, the Milestone Decision Authority for the program or subprogram shall submit to the congressional defense committees notice of such approval in writing. The Milestone Decision Authority's decision memorandum with respect to such approval shall be available to the congressional defense committees upon request, consistent with any relevant classification requirements. In this section: The term major defense acquisition program means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section 2430 of this title. The term major subprogram means a major subprogram of a major defense acquisition program designated under section 2430a(a)(1) of this title. The term Milestone Decision Authority , with respect to a major defense acquisition program or a major subprogram, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or subprogram, including authority to approve entry of the program or subprogram into the next phase of the acquisition process. The term Milestone A approval means a decision to enter into a risk reduction phase pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs. The term Milestone B approval means a decision to enter into a development phase pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs. The term joint military requirement has the meaning given that term in section 181(g)(1) of this title. . The items relating to such sections in the table of sections at the beginning of chapter 139 of such title are amended to read as follows: 2366a. Major defense acquisition programs: responsibilities at Milestone A approval. 2366b. Major defense acquisition programs: responsibilities at Milestone B approval. . Section 139b of this title is amended— in subsection (a)(5)— in subparagraph (B), by striking review and approve or disapprove and inserting advise the milestone decision authority regarding review and approval of ; and in subparagraph (C), by inserting in order to advise relevant technical authorities for such programs on the incorporation of best practices for developmental test from across the Department after programs ; and in subsection (b)(5)— in subparagraph (B), by striking review and approve and inserting advise the milestone decision authority regarding review and approval of ; and in subparagraph (C), by inserting in order to advise relevant technical authorities for such programs on the incorporation of best practices for systems engineering from across the Department after programs . Section 2334(a)(6)(A)(i) of such title is amended by striking any certification under and inserting any decision to grant milestone approval pursuant to .
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  • Pub. L. 111-23
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Sec. 823
Revision of milestone decision authority responsibilities for major defense acquisition programs
U.S.C.§ 2302
U.S.C.§ 2430
Pub. L.Pub. L. 111-23
Cites 3Cited by 0 across 0 sources
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