Pub. L. 110-417, tit. VIII, subtit. B, sec. 814
CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER MAJOR DEFENSE ACQUISITION PROGRAMS.
SEC. 814. CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER MAJOR DEFENSE ACQUISITION PROGRAMS.(a) Configuration Steering Boards.—Each Secretary of a military department shall establish one or more boards (to be known as a “Configuration Steering Board”) for the major defense acquisition programs of such department.(b) Composition.—(1) Chair.—Each Configuration Steering Board under this section shall be chaired by the service acquisition executive of the military department concerned.(2) Particular members.—Each Configuration Steering Board under this section shall include a representative of the following:(A) The Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics.(B) The Chief of Staff of the Armed Force concerned.(C) Other Armed Forces, as appropriate.(D) The Joint Staff.(E) The Comptroller of the military department concerned.122 STAT. 4529(F) The military deputy to the service acquisition executive concerned.(G) The program executive officer for the major defense acquisition program concerned.(H) Other senior representatives of the Office of the Secretary of Defense and the military department concerned, as appropriate.(c) Responsibilities.—(1) In general.—The Configuration Steering Board for a major defense acquisition program under this section shall be responsible for the following:(A) Preventing unnecessary changes to program requirements and system configuration that could have an adverse impact on program cost or schedule.(B) Mitigating the adverse cost and schedule impact of any changes to program requirements or system configuration that may be required.(C) Ensuring that the program delivers as much planned capability as possible, at or below the relevant program baseline.(2) Discharge of responsibilities.—In discharging its responsibilities under this section with respect to a major defense acquisition program, a Configuration Steering Board shall—(A) review and approve or disapprove any proposed changes to program requirements or system configuration that have the potential to adversely impact program cost or schedule; and(B) review and recommend proposals to reduce program requirements that have the potential to improve program cost or schedule in a manner consistent with program objectives.(3) Presentation of recommendations on reduction in requirements.—Any recommendation for a proposed reduction in requirements that is made by a Configuration Steering Board under paragraph (2)(B) shall be presented to appropriate organizations of the Joint Staff and the military departments responsible for such requirements for review and approval in accordance with applicable procedures.(4) Annual consideration of each major defense acquisition program.—The Secretary of the military department concerned shall ensure that a Configuration Steering Board under this section meets to consider each major defense acquisition program of such military department at least once each year.(5) Certification of cost and schedule deviations during system design and development.—For a major defense acquisition program that received an initial Milestone B approval during fiscal year 2008, a Configuration Steering Board may not approve any proposed alteration to program requirements or system configuration if such an alteration would—(A) increase the cost (including any increase for expected inflation or currency exchange rates) for system development and demonstration by more than 25 percent; or122 STAT. 4530(B) extend the schedule for key events by more than 15 percent of the total number of months between the award of the system development and demonstration contract and the scheduled Milestone C approval date,unless the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense committees, and includes in the certification supporting rationale, that approving such alteration to program requirements or system configuration is in the best interest of the Department of Defense despite the cost and schedule impacts to system development and demonstration of such program.(d) Applicability.—(1) In general.—The requirements of this section shall apply with respect to any major defense acquisition program that is commenced before, on, or after the date of the enactment of this Act.(2) Current programs.—In the case of any major defense acquisition program that is ongoing as of the date of the enactment of this Act, a Configuration Steering Board under this section shall be established for such program not later than 60 days after the date of the enactment of this Act.(e) Guidance on Authorities of Program Managers After Milestone B.—(1) Modification of guidance on authorities.—Paragraph (2) of section 853(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2343) is amended to read as follows:“(2) authorities available to the program manager, including—“(A) the authority to object to the addition of new program requirements that would be inconsistent with the parameters established at Milestone B (or Key Decision Point B in the case of a space program) and reflected in the performance agreement, unless such requirements are approved by the appropriate Configuration Steering Board; and“(B) the authority to recommend to the appropriate Configuration Steering Board reduced program requirements that have the potential to improve program cost or schedule in a manner consistent with program objectives; and”.(2) Applicability.—The Secretary of Defense shall modify the guidance described in section 853(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 in order to take into account the amendment made by paragraph (1) not later than 60 days after the date of the enactment of this Act.(f) Major Defense Acquisition Program Defined.—In this section, the term “major defense acquisition program” has the meaning given that term in section 2430(a) of title 10, United States Code.