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Conference Report 107-772 - National Defense Authorization Act for Fiscal Year 2003

Conference Report Section

Legislative History

(a) CERTIFICATION FOR EXPEDITED PROGRAMS- Paragraph (1) of subsection (c) of section 2366 of title 10, United States Code, is amended to read as follows:

(1) The Secretary of Defense may waive the application of the survivability and lethality tests of this section to a covered system, munitions program, missile program, or covered product improvement program if the Secretary determines that live-fire testing of such system or program would be unreasonably expensive and impractical and submits a certification of that determination to Congress--

(A) before Milestone B approval for the system or program; or

(B) in the case of a system or program initiated at--

(i) Milestone B, as soon as is practicable after the Milestone B approval; or

(ii) Milestone C, as soon as is practicable after the Milestone C approval.'.

(b) DEFINITIONS- Subsection (e) of such section is amended by adding at the end the following new paragraphs:

(8) The term `Milestone B approval' means a decision to enter into system development and demonstration pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.

(9) The term `Milestone C approval' means a decision to enter into production and deployment pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.'.

Conference Report 107-772

The Senate amendment contained a provision (sec. 806) that would modify the authority of the Secretary of Defense to waive the requirement for survivability and lethality tests for major weapon programs in order to correspond with the revised acquisition milestones in the Department's new acquisition regulations. (See Senate Amendment and Senate Report 107-151)

The House bill contained no similar provision. 

The House recedes.

Senate Amendment

SEC. 806. TIMING OF CERTIFICATION IN CONNECTION WITH WAIVER OF SURVIVABILITY AND LETHALITY TESTING REQUIREMENTS.

(a) CERTIFICATION FOR EXPEDITED PROGRAMS- Paragraph (1) of subsection (c) of section 2366 of title 10, United States Code, is amended to read as follows:

`(1) The Secretary of Defense may waive the application of the survivability and lethality tests of this section to a covered system, munitions program, missile program, or covered product improvement program if the Secretary determines that live-fire testing of such system or program would be unreasonably expensive and impractical and submits a certification of that determination to Congress--

`(A) before Milestone B approval for the system or program; or

`(B) in the case of a system or program initiated at--

`(i) Milestone B, as soon as is practicable after the Milestone B approval; or

`(ii) Milestone C, as soon as is practicable after the Milestone C approval.'.

(b) DEFINITIONS- Subsection (e) of such section is amended by adding at the end the following new paragraphs:

`(8) The term `Milestone B approval' means a decision to enter into system development and demonstration pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.

`(9) The term `Milestone C approval' means a decision to enter into production and deployment pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.'.

Senate Report 107-151

Timing of certification in connection with waiver of survivability and lethality testing requirements (sec. 806)

The committee recommends a provision that would modify the authority of the Secretary of Defense to waive the requirement for survivability and lethality tests for major weapon programs.

Current law gives the Secretary the authority to waive such testing prior to the entry of a program into systems development and demonstration (known as Milestone B). However, under the Department's revised acquisition regulations, a program may now be initiated at Milestone B or even Milestone C (production and deployment), depending on the maturity of the program's technology. Under these circumstances, it may not be practical to make a waiver decision before the beginning of Milestone B.

In these special circumstances, the provision would give the Department the authority to make a waiver determination at the earliest possible point after the beginning of the first phase of the program (Milestone B or Milestone C). The amendment would not, however, change the basis for a waiver determination.