Sec. 808. TRANSPARENCY IN MAJOR DEFENSE ACQUISITION PROGRAMS
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## SEC. 808 TRANSPARENCY IN MAJOR DEFENSE ACQUISITION PROGRAMS ###
(a)Milestone A Report ####
(1)In general Section 2366a(c) of title 10, United States Code, is amended to read as follows: > > ### “(c) Submissions to Congress on Milestone A > > > #### “(1) Brief summary report > > Not later than 15 days after granting Milestone A approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a brief summary report that contains the following elements: > > > ##### “(A) > > The program cost and fielding targets established by the Secretary of Defense under section 2448a(a) of this title. > > > ##### “(B) > > The estimated cost and schedule for the program established by the military department concerned, including— > > > ###### “(i) > > the dollar values estimated for the program acquisition unit cost and total life-cycle cost; and > > > ###### “(ii) > > the planned dates for each program milestone and initial operational capability. > > > ##### “(C) > > The independent estimated cost for the program established pursuant to section 2334(a)(6) of this title, and any independent estimated schedule for the program, including— > > > ###### “(i) > > as assessment of the major contributors to the program acquisition unit cost and total life-cycle cost; and > > > ###### “(ii) > > the planned dates for each program milestone and initial operational capability. > > > ##### “(D) > > A summary of the technical or manufacturing risks associated with the program, as determined by the military department concerned, including identification of any critical technologies or manufacturing processes that need to be matured. > > > ##### “(E) > > A summary of the independent technical risk assessment conducted or approved under section 2448b of this title, including identification of any critical technologies or manufacturing processes that need to be matured. > > > ##### “(F) > > A summary of any sufficiency review conducted by the Director of Cost Assessment and Program Evaluation of the analysis of alternatives performed for the program (as referred to in section 2366a(b)(6) of this title). > > > ##### “(G) > > Any other information the milestone decision authority considers relevant. > > > #### “(2) Additional information > > > #####
(A)> > At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee an explanation of the basis for a determination made under subsection
(b)with respect to a major defense acquisition program, together with a copy of the written determination, or further information or underlying documentation for the information in a brief summary report submitted under paragraph (1), including the independent cost and schedule estimates and the independent technical risk assessments referred to in that paragraph. > > > ##### “(B) > > The explanation or information shall be submitted in unclassified form, but may include a classified annex.” > . ####
(2)Definitions Section 2366a(d) of such title is amended by adding at the end the following new paragraphs: > > #### “(8) > > The term ‘fielding target’ has the meaning given that term in section 2448a(a) of this title. > > > #### “(9) > > The term ‘major system component’ has the meaning given that term in section 2446a(b)(3) of this title. > > > #### “(10) > > The term ‘congressional intelligence committees’ has the meaning given that term in section 437(c) of this title.” > . ###
(b)Milestone B Report ####
(1)In general Section 2366b(c) of title 10, United States Code, is amended to read as follows: > > ### “(c) Submissions to Congress on Milestone B > > > #### “(1) Brief summary report > > Not later than 15 days after granting Milestone B approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a brief summary report that contains the following elements: > > > ##### “(A) > > The program cost and fielding targets established by the Secretary of Defense under section 2448a(a) of this title. > > > ##### “(B) > > The estimated cost and schedule for the program established by the military department concerned, including— > > > ###### “(i) > > the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and > > > ###### “(ii) > > the planned dates for each program milestone, initial operational test and evaluation, and initial operational capability. > > > ##### “(C) > > The independent estimated cost for the program established pursuant to section 2334(a)(6) of this title, and any independent estimated schedule for the program, including— > > > ###### “(i) > > the dollar values and ranges estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and > > > ###### “(ii) > > the planned dates for each program milestone, initial operational test and evaluation, and initial operational capability. > > > ##### “(D) > > A summary of the technical and manufacturing risks associated with the program, as determined by the military department concerned, including identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment. > > > ##### “(E) > > A summary of the independent technical risk assessment conducted or approved under section 2448b of this title, including identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment. > > > ##### “(F) > > A statement of whether a modular open system approach is being used for the program. > > > ##### “(G) > > Any other information the milestone decision authority considers relevant. > > > #### “(2) Certifications and determinations > > > #####
(A)> > The certifications and determination under subsection
(a)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. > > > ##### “(B) > > The milestone decision authority shall retain records of the basis for the certifications and determination under paragraphs (1), (2), and
(3)of subsection (a). > > > #### “(3) Additional information > > > #####
(A)> > At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee an explanation of the basis for the certifications and determination under paragraphs (1), (2), and
(3)of subsection
(a)with respect to a major defense acquisition program or further information or underlying documentation for the information in a brief summary report submitted under paragraph (1), including the independent cost and schedule estimates and the independent technical risk assessments referred to in that paragraph. > > > ##### “(B) > > The explanation or information shall be submitted in unclassified form, but may include a classified annex.” > . ####
(2)Definitions Section 2366b(g) of such title is amended by adding at the end the following new paragraphs: > > #### “(6) > > The term ‘fielding target’ has the meaning given that term in section 2448a(a) of this title. > > > #### “(7) > > The term ‘major system component’ has the meaning given that term in section 2446a(b)(3) of this title. > > > #### “(8) > > The term ‘congressional intelligence committees’ has the meaning given that term in section 437(c) of this title.” > . ###
(c)Milestone C Report ####
(1)In general Chapter 139 of such title is amended by inserting after section 2366b the following new section: > > ## “SEC. 2366c Major defense acquisition programs: submissions to Congress on Milestone C > > **[**[10 U.S.C. 2366c](/us/usc/t10/s2366c)**]** > > > ### “(a) Brief Summary Report > > Not later than 15 days after granting Milestone C approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a brief summary report that contains the following: > > > #### “(1) > > The estimated cost and schedule for the program established by the military department concerned, including— > > > ##### “(A) > > the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and > > > ##### “(B) > > the planned dates for initial operational test and evaluation and initial operational capability. > > > #### “(2) > > The independent estimated cost for the program established pursuant to section 2334(a)(6) of this title, and any independent estimated schedule for the program, including— > > > ##### “(A) > > the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and > > > ##### “(B) > > the planned dates for initial operational test and evaluation and initial operational capability. > > > #### “(3) > > A summary of any production, manufacturing, and fielding risks associated with the program. > > > ### “(b) Additional Information > > At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee further information or underlying documentation for the information in a brief summary report submitted under subsection (a), including the independent cost and schedule estimates and the independent technical risk assessments referred to in that subsection. > > > ### “(c) Congressional Intelligence Committees Defined > > In this section, the term ‘congressional intelligence committees’ has the meaning given that term in section 437(c) of this title.” > . ####
(2)Clerical amendment **[**[10 U.S.C. 2351](/us/usc/t10/s2351)**]** The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2366b the following new item:" “2366c. Major defense acquisition programs: submissions to Congress on Milestone C.” ".
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