Sec. 845. Revision of Milestone B decision authority responsibilities for major defense acquisition programs
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Section 2366b of title 10, United Stated Code, is amended to read as follows: A major defense acquisition program may not receive Milestone B approval until the milestone decision authority certifies that the technology in the program has been demonstrated in a relevant environment, as determined by the Milestone Decision Authority on the basis of an independent review and assessment by the Assistant Secretary of Defense for Research and Engineering, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation.
A major defense acquisition program may not receive Milestone B approval until the milestone decision authority determines that appropriate steps have been taken to ensure that— the program is affordable when considering the ability of the Department of Defense to accomplish the program's mission using alternative systems; trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program is affordable when considering the per unit cost and the total acquisition cost in the context of the total resources available during the period covered by the future-years defense program submitted during the fiscal year in which the certification is made; the Secretary of the relevant military department and the chief of the relevant military service concur in the trade-offs made in accordance with paragraph (2); reasonable cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation, the product development and production plan under the program; funding is available to execute the product development and production plan under the program, through the period covered by the future-years defense program submitted during the fiscal year in which the certification is made, consistent with the estimates described in paragraph
(4)for the program; market research has been conducted prior to technology development to reduce duplication of existing technology and products; the Department of Defense has completed an analysis of alternatives and a business case analysis with respect to the program; the Joint Requirements Oversight Council has accomplished its duties with respect to the program pursuant to section 181(b) of this title, including an analysis of the operational requirements for the program; life-cycle sustainment planning, including corrosion prevention and mitigation planning, has identified and evaluated relevant sustainment costs throughout development, production, operation, sustainment, and disposal of the program, and any alternatives, and that such costs are reasonable and have been accurately estimated; an estimate has been made of the requirements for core logistics capabilities and the associated sustaining workloads required to support such requirements; there is a plan to mitigate and account for any costs in connection with any anticipated de-certification of cryptographic systems and components during the production and procurement of the major defense acquisition program to be acquired; a preliminary design review or assessment of engineering design knowledge of the system has been satisfactorily completed; and the program complies with all relevant policies, regulations, and directives of the Department of Defense. The program manager for a major defense acquisition program that has received milestone B approval under this section shall immediately notify the milestone decision authority of any changes to the program or a designated major subprogram of such program that— alter the substantive basis for the certification of the milestone decision authority under subsection
(a)or any element of the determination of the milestone decision authority under subsection (b); or otherwise cause the program or subprogram to deviate significantly from the material provided to the milestone decision authority in support of such certification or determination. Upon receipt of information under paragraph (1), the milestone decision authority may withdraw the certification or determination concerned or rescind Milestone B approval if the milestone decision authority determines that such certification, determination, or approval is no longer valid. The certification required under subsection
(a)and the determination under subsection
(b)with respect to a major defense acquisition program shall be submitted to the congressional defense committees with the first Selected Acquisition Report submitted under section 2432 of this title after completion of the certification. A summary of any information provided to the milestone decision authority pursuant to subsection
(c)and a description of the actions taken as a result of such information shall be submitted with the first Selected Acquisition Report submitted under section 2432 of this title after receipt of such information by the milestone decision authority. The milestone decision authority may waive the applicability to a major defense acquisition program of the certification requirement in subsection
(a)or one or more components of the determination requirement in subsection
(b)if the milestone decision authority determines that, but for such a waiver, the Department would be unable to meet critical national security objectives. Whenever the milestone decision authority makes such a determination and authorizes such a waiver the waiver, the determination, and the reasons for the determination shall be submitted in writing to the congressional defense committees within 30 days after the waiver is authorized. The milestone decision authority may not delegate the certification requirement under subsection (a), the determination requirement under subsection (b), or the authority to waive any component of such requirement under subsection (e). 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 designated 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, means the individual within the Department of Defense designated with overall responsibility for the program. The term Milestone B approval has the meaning provided that term in section 2366(e)(7) of this title. The term core logistics capabilities means the core logistics capabilities identified under section 2464(a) of this title. . In making a Milestone B determination pursuant to section 2366b of title 10, United States Code, the milestone decision authority shall review the acquisition strategy required by section 2431a of title 10, as added by section 841 of this Act and include consideration of the following: With respect to affordability, the factors outlined under section 2334 of title 10, United States Code. With respect to risk, the factors outlined under— section 842; and section 138b(b) of title 10, United States Code. With respect to fulfilling a joint military requirement, the factors outlined under section 181 of title 10, United States Code. With respect to competition— the factors outlined under section 202 of the Weapon Systems Acquisition Reform Act of 2009 ( Public Law 111–23 ; 10 U.S.C. 2430 note); and the requirements of section 2304 of title 10, United States Code. With respect to sustainment, the factors outlined under section 2337 and section 2464 of title 10, United States Code. Section 2334(a) of title 10, United States Code, is amended in paragraph (6)(A)(i) by striking any certification under and inserting in lieu thereof any decision to grant milestone approval pursuant to .
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- Pub. L. 111-23
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Sec. 845
Revision of Milestone B decision authority responsibilities for major defense acquisition programs
Pub. L.Pub. L. 111-23
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