Pub. L. 111-23, tit. II, sec. 204
ACTIONS TO IDENTIFY AND ADDRESS SYSTEMIC PROBLEMS IN MAJOR DEFENSE ACQUISITION PROGRAMS PRIOR TO MILESTONE B APPROVAL.
SEC. 204. ACTIONS TO IDENTIFY AND ADDRESS SYSTEMIC PROBLEMS IN MAJOR DEFENSE ACQUISITION PROGRAMS PRIOR TO MILESTONE B APPROVAL.(a) Modification to Certification Requirement.—Subsection (a) of section 2366a of title 10, United States Code, is amended by striking “may not receive Milestone A approval, or Key Decision Point A approval in the case of a space program,” and inserting “may not receive Milestone A approval, or Key Decision Point A approval in the case of a space program, or otherwise be initiated prior to Milestone B approval, or Key Decision Point B approval in the case of a space program,”.(b) Modification to Notification Requirement.—Subsection (b) of such section is amended—(1) by inserting “(1)” before “With respect to”;(2) in paragraph (1), as so designated, by striking “by at least 25 percent,” and inserting “by at least 25 percent, or the program manager determines that the period of time required for the delivery of an initial operational capability is likely to exceed the schedule objective established pursuant to section 181(b)(5) of this title by more than 25 percent,”; and(3) by adding at the end the following new paragraph:“(2) Not later than 30 days after a program manager submits a notification to the Milestone Decision Authority pursuant to paragraph (1) with respect to a major defense acquisition program, the Milestone Decision Authority shall submit to the congressional defense committees a report that—“(A) identifies the root causes of the cost or schedule growth in accordance with applicable policies, procedures, and guidance;“(B) identifies appropriate acquisition performance measures for the remainder of the development of the program; and“(C) includes one of the following:“(i) A written certification (with a supporting explanation) stating that—“(I) the program is essential to national security;“(II) there are no alternatives to the program that will provide acceptable military capability at less cost;“(III) new estimates of the development cost or schedule, as appropriate, are reasonable; and“(IV) the management structure for the program is adequate to manage and control program development cost and schedule.“(ii) A plan for terminating the development of the program or withdrawal of 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) Application to Ongoing Programs.—(1) In general.—Each major defense acquisition program described in paragraph (2) shall be certified in accordance with the requirements of section 2366a of title 10, United States 123 STAT. 1724 Code (as amended by this section), within one year after the date of the enactment of this Act.(2) Covered programs.—The requirement in paragraph (1) shall apply to any major defense acquisition program that—(A) was initiated before the date of the enactment of this Act; and(B) as of the date of certification under paragraph (1) has not otherwise been certified pursuant to either section 2366a (as so amended) or 2366b of title 10, United States Code.