Pub. L. 108-136, div. A, tit. IX, subtit. C, sec. 924
MANAGEMENT OF NATIONAL SECURITY AGENCY MODERNIZATION PROGRAM.
SEC. 924. MANAGEMENT OF NATIONAL SECURITY AGENCY MODERNIZATION PROGRAM.(a) Management of Acquisition Programs Through USD (AT&L).—The Secretary of Defense shall direct that, effective as of the date of the enactment of this Act, acquisitions under the National Security Agency Modernization Program shall be directed and managed by the Under Secretary of Defense for Acquisition, Technology, and Logistics.(b) Applicability of Major Defense Acquisition Program Authorities.—(1) Each project designated as a major defense 117 STAT. 1577 acquisition program under paragraph (2) shall be managed under the laws, policies, and procedures that are applicable to major defense acquisition programs (as defined in section 2430 of title 10, United States Code).(2) The Secretary of Defense (acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics) shall designate those projects under the National Security Agency Modernization Program that are to be managed as major defense acquisition programs.(c) Milestone Decision Authority.—(1) The authority to make a decision that a program is authorized to proceed from one milestone stage into another (referred to as the milestone decision authority) may only be exercised by the Under Secretary of Defense for Acquisition, Technology, and Logistics for the following:(A) Each project of the National Security Agency Modernization Program that is to be managed as a major defense acquisition program, as designated under subsection (b).(B) Each major system under the National Security Agency Modernization Program.(2) The limitation in paragraph (1) shall terminate on, and the Under Secretary may delegate the milestone decision authority referred to in paragraph (1) to the Director of the National Security Agency at any time after, the date that is the later of—(A) September 30, 2005, or(B) the date on which the Under Secretary submits to the appropriate committees of Congress a notification described in paragraph (3).(3) A notification described in this paragraph is a notification by the Under Secretary of the Under Secretary’s intention to delegate the milestone decision authority referred to in paragraph (1) to the Director of the National Security Agency, together with a detailed discussion of the justification for that delegation. Such a notification may not be submitted until—(A) the Under Secretary has determined (after consultation with the Under Secretary of Defense for Intelligence and the Deputy Director of Central Intelligence for Community Management) that the Director has implemented acquisition management policies, procedures, and practices that are sufficient to ensure that acquisitions by the National Security Agency are conducted in a manner consistent with sound, efficient acquisition practices;(B) the Under Secretary has consulted with the Under Secretary of Defense for Intelligence and the Deputy Director of Central Intelligence for Community Management on the delegation of such milestone decision authority to the Director; and(C) the Secretary of Defense has approved the delegation of such milestone decision authority to the Director.(d) Projects Comprising Program.—The National Security Agency Modernization Program consists of the following projects of the National Security Agency:(1) The Trailblazer project.(2) The Groundbreaker project.(3) Each cryptological mission management project.(4) Each other project of that Agency that—117 STAT. 1578(A) meets either of the dollar thresholds in effect under paragraph (2) of section 2430(a) of title 10, United States Code; and(B) is determined by the Under Secretary of Defense for Acquisition, Technology, and Logistics as being a major project that is within, or properly should be within, the National Security Agency Modernization Project.(e) Definitions.—In this section:(1) Major system.—The term “major system” has the meaning given that term in section 2302(5) of title 10, United States Code.(2) Appropriate committees of congress.—The term “appropriate committees of Congress” means the following:(A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.(B) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.