Sec. 804. Defense Modernization Account amendments
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Section 2216(b)(1) of title 10, United States Code, is amended by striking commencing . Section 2216(c) of such title is amended— in paragraph (1)(A)— by striking or the Secretary of Defense with respect to Defense-wide appropriations accounts and inserting , or the Secretary of Defense with respect to Defense-wide appropriations accounts, ; and by striking that Secretary and inserting the Secretary concerned ; in paragraph (1)(B)— by inserting after following funds the following: that have been appropriated for fiscal years after fiscal year 2016 and are ; in clause (i)— by striking for procurement and inserting for new obligations ; by striking a particular procurement and inserting an acquisition program ; and by striking that procurement and inserting that program ; by striking clause (ii); and by redesignating clause
(iii)as clause (ii); in paragraph (2)— by striking , other than funds referred to in subparagraph (B)(iii) of such paragraph, ; and by striking if— and all that follows through
(B)the balance of funds and inserting if the balance of funds ; in paragraph (3)— by striking credited to both places it appears and inserting deposited in ; and by inserting and obligation after available for transfer ; and by striking paragraph (4). Section 2216(d) of such title is amended— in paragraph (1)— by striking commencing ; and by striking Secretary of Defense and inserting Secretary concerned ; in paragraph (2), by striking a procurement program and inserting an acquisition program ; by amending paragraph
(3)to read as follows: For research, development, test, and evaluation, for procurement, and for sustainment activities necessary for paying costs of unforeseen contingencies that are approved by the milestone decision authority concerned, that could prevent an ongoing acquisition program from meeting critical schedule or performance requirements. ; and by inserting at the end the following new paragraph: For paying costs of changes to program requirements or system configuration that are approved by the configuration steering board for a major defense acquisition program. . Section 2216(e) of such title is amended— in paragraph (1), by striking procurement program both places it appears and inserting acquisition program ; and in paragraph (2), by striking authorized appropriations and inserting authorized appropriations, unless the procedures for initiating a new start program are complied with . Section 2216(f)(1) of such title is amended by striking Secretary of Defense and inserting Secretary of a military department, or the Secretary of Defense with respect to Defense-wide appropriations accounts, . Section 2216(g) of such title is amended— by striking in accordance with the provisions of appropriations Acts ; and by adding at the end the following: Funds deposited in the Defense Modernization Account shall remain available for obligation until the end of the third fiscal year that follows the fiscal year in which the amounts are deposited in the account. . Section 2216(h)(2) of such title is amended— by redesignating subparagraphs (A), (B), and
(C)as subparagraphs (B), (C), and (D), respectively; by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): the establishment and management of subaccounts for each of the military departments and Defense Agencies concerned for the use of funds in the Defense Modernization Account, consistent with each military department’s or Defense Agency’s deposits in the Account; ; in subparagraph (C), as so redesignated, by inserting and subaccounts after Account ; and in subparagraph (D), as so redesignated, by striking subsection (c)(1)(B)(iii) and inserting subsection (c)(1)(B)(ii) . Paragraph
(1)of section 2216(i) of such title is amended to read as follows: The term major defense acquisition program has the meaning given the term in section 2430(a) of this title. . Section 2216(j)(1) of such title is amended by striking terminates at the close of September 30, 2006 and inserting terminates at the close of September 30, 2022 .