Page:United States Statutes at Large Volume 122.djvu/247

 12 2 STA T . 22 4PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 (3)have a Mil e ston e A a p p r oval or K e yD e c ision P oint A approval rescin d ed ,b y the m ilestone decision a u thority under subsection (b) o f section 2 3 6 6b of title 10, U nited S tates C ode, as added by section 94 3 of this Act . (b) C ONTE NTO FR E VI E W . —T he revie w conducted under sub - section (a) shall— (1) identify common factors, includin g any systemic defi- ciencies in the budget, re q uirements, and acquisition policies and practices, that may have contributed to problems with ma j or defense acquisition programs covered by the criteria in subsection (a) (2) assess the adequacy of corrective actions ta k enorto be taken to address cost growth or other performance defi- ciencies in programs covered by the criteria in subsection (a); and (3) make recommendations for any changes in budget, requirements, and acquisition policies and practices that may be appropriate to avoid similar problems with major defense acquisition programs in the future. (c) DEFINITION S .— I n this section

(1) C R ITI CAL COST G ROWT H THRESHOL DB REACH.—The term ‘ ‘critical cost growth threshold breach ’ ’ means a determination under section 2433(d) of title 10, United States Code, by the Secretary of a military department with respect to a major defense acquisition program that the program acquisition unit cost has increased by a percentage equal to or greater than the critical cost growth threshold or that the procurement unit cost has increased by a percentage equal to or greater than the critical cost growth threshold. (2) SECTION 236 6a CERTIFICATION.—The term ‘‘section 2366a certification’’ means a certification with respect to a major defense acquisition program under section 2366a(a) of title 10, United States Code, by the milestone decision authority. (d) RE P ORT.— N ot later than J uly 1 5, 200 8 , and not later than August 15 of each year from 2009 through 2012, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the annual review conducted (if any) for the preceding fiscal year under subsection (a). (e) S U NSET.—The requirement to conduct an annual review under subsection (a) shall terminate on September 30, 2012. SEC.817 . INV ES TM ENT ST RA TE GYFO RMA J OR D EFENSE AC QU ISITION P ROGRAMS. (a) REPORT RE Q UIRED.—Not later than May 1, 2008, the Sec- retary of Defense shall submit to the congressional defense commit- tees a report on the strategies of the Department of Defense for balancing the allocation of funds and other resources among major defense acquisition programs. (b) E LE M ENTS.—The report required by subsection (a) shall address, at a minimum, the ability of the organi z ations, policies, and procedures of the Department of Defense to provide for— (1) establishing priorities among needed capabilities under major defense acquisition programs, and assessing the resources (including funds, technologies, time, and personnel) needed to achieve such capabilities; (2) balancing the cost, schedule, and requirements of major defense acquisition programs, including those within the same

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