123STA T . 1 7 2 5PUBLIC LA W 111 – 23 —M A Y 22 , 2 0 0 9‘ ‘ (2)hasrec e iv e d a p re l i m i n ar y desi g n revie w and c o nd u c t ed a f ormal post - preliminary design review assessment , and cer- tifies on the b asis of such assessment that the program dem- onstrates a high li k elihood of accomplishing its intended mis- sion
and ’ ’; and ( D ) in paragraph ( 3 ), as redesignated by subparagraph ( B ) of this paragraph — (i) in subparagraph (D), by striking the semicolon and inserting ‘‘, as determined by the M ilestone Deci- sion A uthority on the basis of an independent review and assessment by the Director of Defense R esearch and E ngineering; and’’; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraph ( F ) as subpara- graph (E) . (b) CERTIF I CA TI ON AN D RE V IE W OF P RO G RA MS ENTERING DEVE L O P MENT PRIOR TO ENACTMENT OF S ECTION 23 6 6 B OF T ITLE 10 .— (1) DETERMINATION.— N ot later than 2 7 0 days after the date of the enactment of this Act, for each ma j or defense ac q uisition program that received Milestone B approval before J anuary 6, 2006, and has not received Milestone C approval, and for each space program that received K ey Decision Point B approval before January 6, 2006, and has not received Key Decision Point C approval, the Milestone Decision Authority shall determine whether or not such program satisfies all of the certification components specified in paragraphs (1) and (2) of subsection (a) of section 2366b of title 10, U nited States Code (as amended by subsection (a) of this section). (2) ANN U AL REVIEW.—The Milestone Decision Authority shall review any program determined pursuant to paragraph (1) not to satisfy any of the certification components of sub- section (a) of section 2366b of title 10, United States Code (as so amended), not less often than annually thereafter to determine the e x tent to which such program currently satisfies such certification components until such time as the Milestone Decision Authority determines that such program satisfies all such certification components. (3) DESIGNATION OF CERTIFICATION STATUS IN BUDGET DOCUMENTATION.—Any budget request, budget justification material, budget display, reprogramming request, Selected Acquisition Report, or other budget documentation or perform- ance report submitted by the Secretary of Defense to the Presi- dent regarding a major defense acquisition program which the Milestone Decision Authority determines under paragraph (1) does not satisfy all of the certification components of subsection (a) of section 2366b of title 10, United States Code, (as so amended) shall prominently and clearly indicate that such pro- gram has not fully satisfied such certification components until such time as the Milestone Decision Authority makes the deter- mination that such program has satisfied all such certification components. (c) REVIEWS OF PROGRAMS RESTRUCTURED AFTER E X PERIENCING CRITICAL COST G ROWT H .—The official designated to perform over- sight of performance assessment pursuant to section 103 of this Act, shall assess the performance of each major defense acquisition As s e ss m e nt.10USC243 3 a n o te. D ea dli ne. 10 USC 23 6 6 b note.
