Pub. L. 109-364, div. A, tit. II, subtit. B, sec. 214
FUTURE COMBAT SYSTEMS MILESTONE REVIEW.
SEC. 214. FUTURE COMBAT SYSTEMS MILESTONE REVIEW.(a) Milestone Review Required.—Not later than 120 days after the preliminary design review of the Future Combat Systems program is completed, the Secretary of Defense shall carry out a Defense Acquisition Board milestone review of the Future Combat Systems program. The milestone review shall include an assessment as to each of the following:(1) Whether the warfighter’s needs are valid and can be best met with the concept of the program.(2) Whether the concept of the program can be developed and produced within existing resources.(3) Whether the program should—(A) continue as currently structured;(B) continue in restructured form; or(C) be terminated.(b) Determinations To Be Made in Assessing Whether Program Should Continue.—In making the assessment required by subsection (a)(3), the Secretary shall make a determination with respect to each of the following:(1) Whether each critical technology for the program is at least Technical Readiness Level 6.(2) For each system and network component of the program, what the key design and technology risks are, based on System 120 STAT. 2124 Functional Reviews, Preliminary Design Reviews, and Technical Readiness Levels.(3) Whether actual demonstrations, rather than simulations, have shown that the concept of the program will work.(4) Whether actual demonstrations, rather than plans, have shown that the software for the program is functional.(5) What the cost estimate for the program is.(6) What the affordability assessment for the program is, based on that cost estimate.(c) Report.—The Secretary shall submit to the congressional defense committees a report on the findings and conclusions of the milestone review required by subsection (a). The report shall include, and display, each of the assessments required by subsection (a) and each of the determinations required by subsection (b).(d) Restriction on Procurement Funds Effective Fiscal 2009.—(1) In general.—For fiscal years beginning with 2009, the Secretary may not obligate any funds for procurement for the Future Combat Systems program.(2) Exceptions.—Paragraph (1) does not apply with respect to—(A) the obligation of funds for costs attributable to an insertion of new technology (to include spinout systems) into the current force, if the insertion is approved by the Under Secretary of Defense for Acquisition, Technology, and Logistics; or(B) the obligation of funds for the non-line-of-sight cannon system.(3) Termination.—The requirement of paragraph (1) terminates after the report required by subsection (c) is submitted.