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Code · BILL · 114th Congress · S. 1376 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military c... · Sec. 843

Sec. 843. Designation of milestone decision authority

696 words·~3 min read·/bill/114/s/1376/pcs/section-843·

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Section 2430 of title 10, United States Code, is amended by adding at the end the following new subsection: The milestone decision authority for major defense acquisition programs shall be the service acquisition executive of the military service that is managing the program, unless the Secretary of Defense designates another official to serve as the milestone decision authority. The Secretary of Defense may designate an alternate milestone decision authority in programs where— the Secretary determines that the program is addressing a joint requirement; the Secretary determines that the program is best managed by a defense agency; the program has incurred a unit cost increase greater than the significant cost threshold or critical cost threshold under section 2433 of this title; the program has failed to develop an acquisition program baseline within 2 years of program initiation; the program is critical to a major interagency requirement or technology development effort, or has significant international partner involvement; or the Secretary certifies that an alternate official serving as the milestone decision authority will best position the program to achieve desired cost, schedule, and performance outcomes.
The Secretary of Defense may redelegate the position of milestone decision authority for a program designated above upon request of the Secretary of the military department concerned. A decision on redelegation must be made within 180 days of the request of the Secretary of the military department concerned. If the Secretary of Defense denies the request for redelegation, the Secretary shall certify to the congressional defense committees that an alternate official serving as milestone decision authority will best position the program to achieve desired cost, schedule, and performance outcomes.
No such redelegation is authorized after a program has incurred a unit cost increase greater than the significant cost threshold or critical cost threshold under section 2433 of this title, except for exceptional circumstances. For major defense acquisition programs where the service acquisition executive of the military service that is managing the program is the milestone decision authority— the Secretary of Defense shall ensure that no documentation is required outside of the military service organization, without a determination by the Deputy Chief Management Officer that the documentation supports a specific statutory requirement and is implemented in a manner that will not result in program delays or increased costs, and no acquisition programmatic approvals shall be required outside of the military service organization, with the exception of approval of the Director of Operational Test and Evaluation of the Test and Evaluation Master Plan; and the Secretary of the military department concerned and the chief of the Armed Force concerned shall, in each Selected Acquisition Report required under section 2432 of this title, certify that program requirements are stable and funding is adequate to meet cost, schedule, and performance objectives for the program and identify and report to the congressional defense committees on any increased risk to the program since the last report. .
Section 133(b)(5) of such title is amended by inserting before the period at the end the following: , except that the Under Secretary shall exercise only advisory authority over service acquisition programs for which the service acquisition executive is the milestone decision authority . Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for implementing subsection
(d)of section 2430 of title 10, United States Code, as added by subsection
(a)of this section. The Deputy Chief Management Officer of the Department of Defense, in consultation with the Under Secretary of Defense for Acquisition, Technology and Logistics and the service acquisition executives, shall issue guidance to ensure that by not later than October 1, 2016, the acquisition policy, guidance, and practices of the Department of Defense conform to the requirements of subsection
(d)of section 2430 of title 10, United States Code, as added by subsection
(a)of this section. The guidance shall be designed to ensure a streamlined decision-making and approval process and to minimize any information requests, consistent with the requirement of paragraph (4)(A) of such subsection (d). The amendments made by subsections
(a)and
(b)shall take effect on October 1, 2016.
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