REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS PRIOR TO TECHNOLOGY DEVELOPMENT.

SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS PRIOR TO TECHNOLOGY DEVELOPMENT.(a) Requirement for Certification.—(1) In general.—Chapter 139 of title 10, United States Code, is amended by inserting after section 2366a the following new section:“§ 2366b. Major defense acquisition programs: certification required before Milestone A or Key Decision Point A approval“(a) Certification.—A major defense acquisition program may not receive Milestone A approval, or Key Decision Point A approval in the case of a space program, until the Milestone Decision Authority certifies, after consultation with the Joint Requirements Oversight Council on matters related to program requirements and military needs—“(1) that the system fulfills an approved initial capabilities document;“(2) that the system is being executed by an entity with a relevant core competency as identified by the Secretary of Defense under section 118b of this title;“(3) if the system duplicates a capability already provided by an existing system, the duplication provided by such system is necessary and appropriate; and“(4) that a cost estimate for the system has been submitted and that the level of resources required to develop and procure the system is consistent with the priority level assigned by the Joint Requirements Oversight Council.122 STAT. 289“(b) Notification.—With respect to a major system certified by the Milestone Decision Authority under subsection (a), if the projected cost of the system, at any time prior to Milestone B approval, exceeds the cost estimate for the system submitted at the time of the certification by at least 25 percent, the program manager for the system concerned shall notify the Milestone Decision Authority. The Milestone Decision Authority, in consultation with the Joint Requirements Oversight Council on matters related to program requirements and military needs, shall determine whether the level of resources required to develop and procure the system remains consistent with the priority level assigned by the Joint Requirements Oversight Council. The Milestone Decision Authority may withdraw the certification concerned or rescind Milestone A approval (or Key Decision Point A approval in the case of a space program) if the Milestone Decision Authority determines that such action is in the interest of national defense.“ (c)Definitions.—In this section:“(1) The term ‘major system’ has the meaning provided in section 2302(5) of this title.“(2) The term ‘initial capabilities document’ means any capabilities requirement document approved by the Joint Requirements Oversight Council that establishes the need for a materiel approach to resolve a capability gap.“(3) The term ‘technology development program’ means a coordinated effort to assess technologies and refine user performance parameters to fulfill a capability gap identified in an initial capabilities document.“(4) The term ‘entity’ means an entity listed in section 125a(a) of this title.“(5) The term ‘Milestone B approval’ has the meaning provided that term in section 2366(e)(7) of this title.” .(2) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “2366b. Major defense acquisition programs: certification required before Milestone A or Key Decision Point A approval.”. (b) Review of Department of Defense Acquisition Directives.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review Department of Defense Directive 5000.1 and associated guidance, and the manner in which such directive and guidance have been implemented, and take appropriate steps to ensure that the Department does not commence a technology development program for a major weapon system without Milestone A approval (or Key Decision Point A approval in the case of a space program).(c) Effective Date.—Section 2366b of title 10, United States Code, as added by subsection (a), shall apply to major systems on and after March 1, 2008.