123STA T . 1 7 23 PUBLIC LA W 111 – 23 —M A Y 22 , 2 0 0 9(A)revi e wth er a ti on a l e f or the waiver
an d ( B ) subm it to the c on g ressional defense committees a written assessment of the rationale for the waiver .SEC.204 . A C TION STOI D ENTI FY AND ADD R ESS SYSTE M IC P RO BL EMS IN MA J OR DEFENSE AC QU ISITION PRO G RAMS PRIOR TO MILESTONE B APPRO V AL. (a) MODIF I CAT IO N TO CER TIFICATION R E QU IRE M ENT. —S ub - section (a) of section 236 6a of title 10,U nited States Code, is amended b y stri k ing ‘ ‘may not receive Milestone A a p proval, or K ey D ecision P oint A approval in the case of a space program, ’ ’ and inserting ‘‘may not receive Milestone A approval, or Key Deci- sion 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 N OTIFICATION REQUIREMENT.—Subsection (b) of such section is amended— (1) by inserting ‘‘(1)’’ before ‘‘ W ith respect to’’; (2) in paragraph (1), as so designated, by striking ‘‘by at least 2 5 percent,’’ and inserting ‘‘by at least 25 percent, or the program manager determines that the period of time re q uired for the delivery of an initial operational capability is likely to e x ceed the schedule ob j ective established pursuant to section 1 8 1(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 para- graph (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 guid- ance; ‘‘(B) identifies appropriate acquisition performance meas- ures for the remainder of the development of the program; and ‘‘(C) includes one of the following: ‘‘(i) A written certification (with a supporting expla- nation) 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 ‘‘(I V ) the management structure for the program is adequate to manage and control program develop- ment 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) A P P L ICATION TO O N G OING PROGRAM S .— (1) IN GENERAL.— E ach major defense acquisition program described in paragraph (2) shall be certified in accordance with the requirements of section 2366a of title 10, United States Certif i ca ti on.D ea dl ine. 10US C 236 6a note. P lan s . Certification. Deadline. R e p orts.
