Sec. 807. STREAMLINING OF MILESTONE B REQUIREMENTS
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## SEC. 807 STREAMLINING OF MILESTONE B REQUIREMENTS Section 4252 of title 10, United States Code, is amended— ####
(1)in the section heading, by striking “certification required before” and inserting “factors to be considered before”; ####
(2)by striking subsections (d), (e), and (f); ####
(3)by redesignating subsections (a), (b), (c), and
(g)as subsections (b), (d), (e), and (f), respectively; ####
(4)by inserting before subsection (b), as so redesignated, the following new subsection: > > ### “(a) Responsibilities > > Before granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall ensure that— > > > #### “(1) > > information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase; > > > #### “(2) > > appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program or subprogram is affordable when considering the per-unit cost and the total life-cycle cost, and the Secretary of the military department concerned and the Chief of the armed force concerned concur with these trade-offs; and > > > #### “(3) > > there are sound plans for progression of the program or subprogram to the production phase.” > ; ####
(5)by amending subsection (b), as so redesignated, to read as follows: > > ### “(b) Factors to Be Considered for Milestone B Approval > > A major defense acquisition program or major subprogram may not receive Milestone B approval until the milestone decision authority confirms the following factors were considered in the decision to grant Milestone B approval: > > > #### “(1) > > The program or subprogram has received a preliminary design review and a formal post-preliminary design review or an equivalent assessment was conducted. > > > #### “(2) > > The technology in the program or subprogram has been demonstrated in a relevant environment. > > > #### “(3) > > The program or subprogram is affordable when considering the ability of the Department of Defense to accomplish the program’s or subprogram’s general mission using alternative systems. > > > #### “(4) > > Reasonable lifecycle cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation, the plan under the program or subprogram. > > > #### “(5) > > The estimated procurement unit cost for the program or subprogram and the estimated date for initial operational capability for the baseline description for the program or subprogram (under section 4214 of this title) have been established. > > > #### “(6) > > Funding is expected to be available to execute the product development and production plan for the program or subprogram, consistent with the estimates described in paragraph
(4)for the program or subprogram. > > > #### “(7) > > Appropriate market research has been conducted prior to technology development, including market research of commercial products, commercial services, and nondevelopmental items (as defined in section 110 of title 41). > > > #### “(8) > > The Department of Defense has completed an analysis of alternatives with respect to the program or subprogram, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted. > > > #### “(9) > > The Joint Requirements Oversight Council has accomplished its duties with respect to the program or subprogram pursuant to section 181(b) of this title, including an analysis of the operational requirements for the program or subprogram. > > > #### “(10) > > Life-cycle sustainment planning has identified and evaluated relevant sustainment cost elements, factors, risks, and gaps that are likely to drive readiness of the system as well as operating and supporting costs. > > > #### “(11) > > An estimate has been made of the requirements for core logistics capabilities and the associated sustaining workloads required to support such requirements. > > > #### “(12) > > The program or subprogram complies with all relevant policies, regulations, and directives of the Department of Defense. > > > #### “(13) > > Appropriate actions are planned for the acquisition of technical data required to support the program or subprogram. > > > #### “(14) > > The program or subprogram has an approved life cycle sustainment plan required under section 4324(b) of this title. > > > #### “(15) > > In the case of a naval vessel program or subprogram, such program or subprogram is in compliance with the requirements of section 8669b of this title.” > ; ####
(6)by inserting after subsection (b), as so redesignated, the following new subsection: > > ### “(c) Written Record of Milestone Decision > > The milestone decision authority shall issue a written record of decision at the time that Milestone B approval is granted. The record shall confirm compliance with subsection
(b)and specifically state that the milestone decision authority considered the factors described in subsection
(b)prior to the decision to grant milestone approval. The milestone decision authority shall retain records of the basis for the milestone decision.” > ; ####
(7)in subsection (d), as so redesignated— #####
(A)in the subsection heading, by striking “Certifications or Determination” and inserting “Basis for milestone approval”; #####
(B)in paragraph (1)— ######
(i)in the matter preceding subparagraph (A), by striking “certifications or a determination under subsection (a)” and inserting “a written record of the milestone decision under subsection (c)”; ######
(ii)in subparagraph (A)— ######
(I)by striking “certifications or determination of the milestone decision authority” and inserting “decision of the milestone decision authority”; and ######
(II)by striking “certifications or determination specified in paragraph (1), (2), or
(3)of subsection (a)” and inserting “decision specified in subsection (b)”; and ######
(iii)in subparagraph (B), by striking “certifications or determination” and inserting “decision”; and #####
(C)in paragraph (2)— ######
(i)by striking “withdraw the certifications or determination concerned or”; and ######
(ii)by striking “certifications, determination, or approval are” and inserting “approval is”; ####
(8)by amending subsection (e), as so redesignated, to read as follows: > > ### “(e) Submissions to Congress on Milestone B > > > #### “(1) Notification > > Not later than 15 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 provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a written record of the milestone decision. > > > #### “(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 the decision to grant Milestone B approval with respect to a major defense acquisition program or major subprogram, or further information or underlying documentation. > > > ##### “(B) > > The explanation or additional information shall be submitted in unclassified form, but may include a classified annex.” > ; and ####
(9)in subsection (f), as so redesignated— #####
(A)by striking paragraphs
(4)and (5); #####
(B)by redesignating paragraph
(6)as paragraph (4); and #####
(C)by adding at the end the following new paragraph: > > #### “(5) > > The term ‘written record of milestone decision’, with respect to a major defense acquisition program or a major subprogram, means a document signed by the milestone decision authority that formalizes approved entry of the program or subprogram into the next phase of the acquisition process.” > .