Page:United States Statutes at Large Volume 120.djvu/2154

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2123

‘‘(B) may establish procedures to ensure that the Challenge Program establishes appropriate priorities for proposals from businesses that are not major contractors with the Department of Defense.’’. (e) CONFIDENTIALITY.—Subsection (h) of section 2359b of such title, as redesignated by subsection (b)(3), is amended— (1) by amending the heading to read as follows: ‘‘CONFLICTS OF INTEREST AND CONFIDENTIALITY’’; and (2) by striking the period at the end and inserting the following: ‘‘and that the identity of any person or activity submitting a challenge proposal is not disclosed outside the Federal Government, prior to contract award, without the consent of the person or activity. For purposes of the proceeding sentence, the term ‘Federal Government’ includes both employees of the Federal Government and employees of Federal Government contractors providing advisory and assistance services as described in part 37 of the Federal Acquisition Regulation.’’. (f) EXTENSION.—Subsection (k) of section 2359b of title 10, United States Code, as redesignated by subsection (b)(3), is amended by striking ‘‘September 30, 2007’’ and inserting ‘‘September 30, 2012’’. (g) ADDITIONAL CONFORMING AMENDMENTS.—Section 2359b of such title is further amended— (1) in subsection (c)(7), as redesignated by subsection (b), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’; (2) in subsection (d)(1), by striking ‘‘subsection (c)(6)’’ and inserting ‘‘subsection (c)(7)’’; (3) in subsection (d)(2), by striking ‘‘subsection (c)(4)’’ and inserting ‘‘subsection (c)(5)’’; and (4) in subsection (e)(1), by striking ‘‘subsection (c)(4)’’ and inserting ‘‘subsection (c)(5)’’. 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

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