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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle B Provisions Relating to Major Defense Acquisition Programs

DHNDAA Section

House Armed Services Report 110-652

SEC. 813. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A AND MILESTONE B FOR CLARITY.

(a) Reversal of Order of Sections- Section 2366b of title 10, United States Code, is transferred so as to appear before section 2366a of such title.

(b) Redesignation of Sections- Section 2366b (relating to Milestone A) and section 2366a (relating to Milestone B) of such title, as so transferred, are redesignated as sections 2366a and 2366b, respectively.

(c) Technical Amendment- The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended by striking the items relating sections 2366a and 2366b and inserting the following new items:

`2366a. Major defense acquisition programs: certification required before Milestone A or Key Decision Point A approval.

`2366b. Major defense acquisition programs: certification required before Milestone B or Key Decision Point B approval.'.

(d) Conforming Amendments-

(1) SECTION 181 OF TITLE 10, UNITED STATES CODE- Section 181(b)(4) of title 10, United States Code, is amended by striking `section 2366a(a)(4), section 2366b(b),' and inserting `section 2366a(b), section 2366b(a)(4),'.

(2) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008- The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended--

(A) in section 212(1) by striking `2366a' and inserting `2366b'; and

(B) in section 816--

(i) in subsection (a)(2) by striking `2366a' and inserting `2366b';

(ii) in subsection (a)(3) by striking `2366b of title 10, United States Code, as added by section 943 of this Act' and inserting `2366a of title 10, United States Code'; and

(iii) in subsection (c)(2) by striking `2366a' each place such term appears (including in the paragraph heading) and inserting `2366b'.

(3) JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007- The John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended in section 812 (120 Stat. 2317), in each of subsections (c)(2)(A) and (d)(2), by striking `2366a' and inserting `2366b'.

(e) Additional Technical Amendments-

(1) Section 2366a of title 10, United States Code, as transferred and redesignated by this section, is amended--

(A) in paragraphs (1), (2), and (4) of subsection (a), by striking `system' each place it appears and inserting `program';

(B) in paragraph (3) of subsection (a)--

(i) by striking `if the system' and inserting `if the program'; and

(ii) by striking `such system' and inserting `such program';

(C) in subsection (b)--

(i) by striking `major system' and inserting `major defense acquisition program'; and

(ii) by striking `the system' each place it appears and inserting `the program'; and

(D) in paragraph (1) of subsection (c)--

(i) by striking `major system' and inserting `major defense acquisition program'; and

(ii) by striking `2302(5)' and inserting `2430'.

(2) Section 943 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 288) is amended--

(A) in subsection (b), by striking `major weapon system' and inserting `major defense acquisition program'; and

(B) in subsection (c)--

(i) by striking `major systems' and inserting `major defense acquisition programs'; and

(ii) by adding at the end the following: `In the case of the certification required by paragraph (2) of subsection (a) of such section, during the period prior to the completion of the first quadrennial roles and missions review required by section 118b of title 10, United States Code, the certification required by that paragraph shall be that the system is being executed by an entity with a relevant core competency as identified by the Secretary of Defense.'.

SECTION 843--TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A AND MILESTONE B FOR CLARITY

This section would rearrange sections 2366a and 2366b of title 10, United States Code, relating to certifications of milestone decisions for major defense acquisition programs so that the section requiring certification of a Milestone A decision precedes the section requiring certification of a Milestone B decision.

 

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