NDAA for Fiscal Year 2012

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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle C—Provisions Relating to Major Defense Acquisition Programs
P. L. 113-66	Explanatory Statement, H7894
SEC. 821. SYNCHRONIZATION OF CRYPTOGRAPHIC SYSTEMS FOR MAJOR DEFENSE ACQUISITION PROGRAMS. (a) In General- Section 2366b(a)(3) of title 10, United States Code, is amended-- (1) in subparagraph (F), by striking `and' at the end; (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following new subparagraph (G): `(G) there is a plan to mitigate and account for any costs in connection with any anticipated de-certification of cryptographic systems and components during the production and procurement of the major defense acquisition program to be acquired; and'. (b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to major defense acquisition programs which are subject to Milestone B approval on or after the date occurring six months after the date of the enactment of this Act.	Synchronization of cryptographic systems for major defense acquisition programs (sec. 821) The Senate committee-reported bill contained a provision (sec. 821) that as part of a milestone B decision for a major defense acquisition program, would require that there be a plan in place to mitigate and account for costs in connection with decertification of cryptographic equipment during production and procurement of the system. The provision includes a waiver based on national security needs. The House bill contained no similar provision. The agreement includes the Senate provision with an amendment that changes the date of applying this provision to 6 months after the date of enactment. Senate Report 113-044 Synchronization of cryptographic systems for major defense acquisition programs (sec. 821) The committee recommends a provision that as part of a milestone B decision for a major defense acquisition program, would require that there be a plan in place to mitigate and account for costs in connection with decertification of cryptographic equipment during production and procurement of the system. The provision includes a waiver based on national security needs. The provision is based on prior experience with the Advanced Extremely High Frequency Satellite System which has had to re-engineer a new cryptographic unit as it was decertified during the production of the satellite system.