Page:United States Statutes at Large Volume 122.djvu/312

 12 2 STA T . 2 89PUBLIC LA W 11 0– 181 —J A N .28, 2008 ‘ ‘ (b)NOTIF I CA TIO N.—Withresp e c tt oam a j ors y stem certi f ie d by the M i l esto n e D ecision Au thority under subsection (a) , if the projected cost of the system, at any time prior to Milestone B appro v al, e x ceeds the cost estimate for the system submitted at the time of the certification by at least 25 percent, the pro g ram manager for the system concerned shall notify the Milestone Deci - sion Authority. T he Milestone Decision Authority, in consultation w ith the J oint R e q uirements O versight C ouncil 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 Mile- stone A approval (or K ey Decision P oint 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)D E FINITION S .— I n this section

‘‘( 1 ) The term ‘major system ’ has the meaning provided in section 2 30 2(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 pro- vided that term in section 23 6 6(e)( 7 ) of this title.’’. (2) C L E R ICAL A M EN D MENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ‘ ‘ 236 6 b.Majordef e ns ea cqui si t ion p ro g ra m s

certification required before Mi l estone A or K e yD ecision P oint A appro v al. ’ ’. (b) RE V IE W OF DE P ARTMENT OF DEFENSE AC QU ISITION DIREC- TIVES.—Not later than 1 8 0 days after the date of the enactment of this Act, the S ecretary of Defense shall review Department of Defense Directive 5000.1 and associated guidance, and the manner in which such directive and guidance have been imple- mented, and ta k e 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) E FFECTIVE DATE.—Section 2366b of title 10, U nited States Code, as added by subsection (a), shall apply to major systems on and after March 1, 2008. SEC.94 4. PR ESE NTA T IO NO F F U TURE -Y EARS M ISSION B U DG ET BY CORE MISSION AREA. (a) TIME OF SU B MISSION OF F UTURE- Y EARS MISSION BUD G ET.— The second sentence of section 222(a) of title 10, United States Code, is amended to read as follows: ‘‘That budget shall be sub- mitted for any fiscal year with the future-years defense program submitted under section 221 of this title.’’. Ap p licab ili ty.10USC236 6b no t e . 10 USC 2366b note. D ea d line.

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