(a)
(1) that the program fulfills an approved initial capabilities document;
(2) that the program is being executed by an entity with a relevant function as identified by the Secretary of Defense under section 118b of this title;
(3) if the program duplicates a capability already provided by an existing system, the duplication provided by such program is necessary and appropriate;
(4) that a determination of applicability of core logistics capabilities requirements has been made;
(5) that an analysis of alternatives has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation; and
(6) that a cost estimate for the program has been submitted, with the concurrence of the Director of Cost Assessment and Program Evaluation, and that the level of resources required to develop, procure, and sustain the program is consistent with the priority level assigned by the Joint Requirements Oversight Council.
(b)
(2) Not later than 30 days after a program manager submits a notification to the Milestone Decision Authority pursuant to paragraph (1) with respect to a major defense acquisition program or designated major subprogram, 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 guidance;
(B) identifies appropriate acquisition performance measures for the remainder of the development of the program; and
(C) includes one of the following:
(i) A written certification (with a supporting explanation) 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
(IV) the management structure for the program is adequate to manage and control program development cost and schedule.
(ii) A plan for terminating the development of the program or withdrawal of Milestone A approval if the Milestone Decision Authority determines that such action is in the interest of national defense.
(c)
(1) The term "major defense acquisition program" has the meaning provided in section 2430 of this title.
(2) The term "designated major subprogram" means a major subprogram of a major defense acquisition program designated under section 2430a(a)(1) of this title.
(3) 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.
(4) 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.
(5) The term "entity" means an entity listed in section 118b(c)(3) of this title.
(6) The term "Milestone B approval" has the meaning provided that term in section 2366(e)(7) of this title.
(7) The term "core logistics capabilities" means the core logistics capabilities identified under section 2464(a) of this title.
(Added Pub. L. 110–181, div. A, title IX, §943(a)(1), Jan. 28, 2008, 122 Stat. 288, §2366b; renumbered §2366a and amended Pub. L. 110–417, [div. A], title VIII, §813(b), (e)(1), Oct. 14, 2008, 122 Stat. 4527; Pub. L. 111–23, title I, §101(d)(3), title II, §§201(e), 204(a), (b), May 22, 2009, 123 Stat. 1710, 1720, 1723; Pub. L. 111–383, div. A, title VIII, §814(b), title X, §1075(b)(33), Jan. 7, 2011, 124 Stat. 4266, 4370; Pub. L. 112–81, div. A, title VIII, §801(a), (e)(1), Dec. 31, 2011, 125 Stat. 1482, 1483; Pub. L. 112–239, div. A, title III, §322(e)(1), title X, §1076(a)(10), Jan. 2, 2013, 126 Stat. 1695, 1948.)
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