SEC. 808. TRANSPARENCY IN MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Milestone A Report.—
(1) IN GENERAL.—Section 2366a(c) of
title 10, United States Code, is amended to read as follows:
“(c) Submissions To Congress On
Milestone A.—
“(1) BRIEF SUMMARY REPORT.—Not later
than 15 days after granting Milestone A approval for a major
defense acquisition program, the milestone decision
authority for the program shall provide to the congressional
defense committees and, in the case of intelligence or
intelligence-related activities, the congressional
intelligence committees a brief summary report that contains
the following elements:
“(A) The program cost and fielding targets established by
the Secretary of Defense under section 2448a(a) of this
title.
“(B) The estimated cost and schedule for the program
established by the military department concerned, including—
“(i) the dollar values estimated
for the program acquisition unit cost and total life-cycle
cost; and
“(ii) the planned dates for each program milestone and
initial operational capability.
“(C) The independent estimated cost
for the program established pursuant to section 2334(a)(6)
of this title, and any independent estimated schedule for
the program, including—
“(i) as assessment of the major
contributors to the program acquisition unit cost and
total life-cycle cost; and
“(ii) the planned dates for each program milestone and
initial operational capability.
“(D) A summary of the technical or
manufacturing risks associated with the program, as
determined by the military department concerned, including
identification of any critical technologies or manufacturing
processes that need to be matured.
“(E) A summary of the independent technical risk assessment
conducted or approved under section 2448b of this title,
including identification of any critical technologies or
manufacturing processes that need to be matured.
“(F) A summary of any sufficiency review conducted by the
Director of Cost Assessment and Program Evaluation of the
analysis of alternatives performed for the program (as
referred to in section 2366a(b)(6) of this title).
“(G) Any other information the milestone decision authority
considers relevant.
“(2) ADDITIONAL INFORMATION.— (A) At
the request of any of the congressional defense committees or,
in the case of intelligence or intelligence-related
activities, the congressional intelligence committees, the
milestone decision authority shall submit to the committee an
explanation of the basis for a determination made under
subsection (b) with respect to a major defense acquisition
program, together with a copy of the written determination, or
further information or underlying documentation for the
information in a brief summary report submitted under
paragraph (1), including the independent cost and schedule
estimates and the independent technical risk assessments
referred to in that paragraph.
“(B) The explanation or information shall be submitted in
unclassified form, but may include a classified annex.”.
(2) DEFINITIONS.—Section 2366a(d) of such title is amended by
adding at the end the following new paragraphs:
“(8) The term ‘fielding target’ has
the meaning given that term in section 2448a(a) of this
title.
“(9) The term ‘major system component’ has the meaning given
that term in section 2446a(b)(3) of this title.
“(10) The term ‘congressional intelligence committees’ has
the meaning given that term in section 437(c) of this
title.”.
(b) Milestone B Report.—
(1) IN GENERAL.—Section 2366b(c) of
title 10, United States Code, is amended to read as follows:
“(c) Submissions To Congress On
Milestone B.—
“(1) BRIEF SUMMARY REPORT.—Not later
than 15 days after granting Milestone B approval for a major
defense acquisition program, the milestone decision
authority for the program shall provide to the congressional
defense committees and, in the case of intelligence or
intelligence-related activities, the congressional
intelligence committees a brief summary report that contains
the following elements:
“(A) The program cost and fielding
targets established by the Secretary of Defense under
section 2448a(a) of this title.
“(B) The estimated cost and schedule for the program
established by the military department concerned,
including—
“(i) the dollar values estimated
for the program acquisition unit cost, average
procurement unit cost, and total life-cycle cost; and
“(ii) the planned dates for each program milestone,
initial operational test and evaluation, and initial
operational capability.
“(C) The independent estimated
cost for the program established pursuant to section
2334(a)(6) of this title, and any independent estimated
schedule for the program, including—
“(i) the dollar values and
ranges estimated for the program acquisition unit cost,
average procurement unit cost, and total life-cycle
cost; and
“(ii) the planned dates for each program milestone,
initial operational test and evaluation, and initial
operational capability.
“(D) A summary of the technical
and manufacturing risks associated with the program, as
determined by the military department concerned, including
identification of any critical technologies or
manufacturing processes that have not been successfully
demonstrated in a relevant environment.
“(E) A summary of the independent technical risk
assessment conducted or approved under section 2448b of
this title, including identification of any critical
technologies or manufacturing processes that have not been
successfully demonstrated in a relevant environment.
“(F) A statement of whether a modular open system approach
is being used for the program.
“(G) Any other information the milestone decision
authority considers relevant.
“(2) CERTIFICATIONS AND
DETERMINATIONS.—
(A) The certifications and
determination under subsection (a) with respect to a major
defense acquisition program shall be submitted to the
congressional defense committees with the first Selected
Acquisition Report submitted under section 2432 of this
title after completion of the certification.
“(B) The milestone decision authority shall retain records
of the basis for the certifications and determination
under paragraphs (1), (2), and (3) of subsection (a).
“(3) ADDITIONAL INFORMATION.—
(A) At the request of any of the
congressional defense committees or, in the case of
intelligence or intelligence-related activities, the
congressional intelligence committees, the milestone
decision authority shall submit to the committee an
explanation of the basis for the certifications and
determination under paragraphs (1), (2), and (3) of
subsection (a) with respect to a major defense acquisition
program or further information or underlying documentation
for the information in a brief summary report submitted
under paragraph (1), including the independent cost and
schedule estimates and the independent technical risk
assessments referred to in that paragraph.
“(B) The explanation or information shall be submitted in
unclassified form, but may include a classified annex.”.
(2) DEFINITIONS.—Section 2366b(g) of
such title is amended by adding at the end the following new
paragraphs:
“(6) The term ‘fielding target’ has the meaning given that
term in section 2448a(a) of this title.
“(7) The term ‘major system component’ has the meaning given
that term in section 2446a(b)(3) of this title.
“(8) The term ‘congressional intelligence committees’ has
the meaning given that term in section 437(c) of this
title.”.
(c) Milestone C Report.—
(1) IN GENERAL.—Chapter 139 of such title is amended by
inserting after section 2366b the following new section:
Ҥ 2366c. Major defense acquisition
programs: submissions to Congress on Milestone C
“(a) Brief Summary Report.—Not later
than 15 days after granting Milestone C approval for a major
defense acquisition program, the milestone decision authority
for the program shall provide to the congressional defense
committees and, in the case of intelligence or
intelligence-related activities, the congressional
intelligence committees a brief summary report that contains
the following:
“(1) The estimated cost and schedule
for the program established by the military department
concerned, including—
“(A) the dollar values estimated
for the program acquisition unit cost, average procurement
unit cost, and total life-cycle cost; and
“(B) the planned dates for initial operational test and
evaluation and initial operational capability.
“(2) The independent estimated cost
for the program established pursuant to section 2334(a)(6)
of this title, and any independent estimated schedule for
the program, including—
“(A) the dollar values estimated
for the program acquisition unit cost, average procurement
unit cost, and total life-cycle cost; and
“(B) the planned dates for initial operational test and
evaluation and initial operational capability.
“(3) A summary of any production,
manufacturing, and fielding risks associated with the
program.
“(b) Additional Information.—At the
request of any of the congressional defense committees or, in
the case of intelligence or intelligence-related activities,
the congressional intelligence committees, the milestone
decision authority shall submit to the committee further
information or underlying documentation for the information in
a brief summary report submitted under subsection (a),
including the independent cost and schedule estimates and the
independent technical risk assessments referred to in that
subsection.
“(c) Congressional Intelligence Committees Defined.—In this
section, the term ‘congressional intelligence committees’ has
the meaning given that term in section 437(c) of this title.”.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning
of such chapter is amended by inserting after the item
relating to section 2366b the following new item:
“2366c. Major defense acquisition programs: submissions to
Congress on Milestone C.”.
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Transparency in major defense
acquisition programs (sec. 808)
The House amendment contained a
provision (sec. 1704) that would require the milestone decision
authority for a major defense acquisition program to provide a
new “acquisition scorecard” report to the congressional defense
committees and, when appropriate, to congressional intelligence
committees at each milestone decision point of each program.
The Senate bill contained no similar
provision.
The Senate recedes with an amendment
that would modify the information required in the program
summary reports, to include the major cost contributors
identified at Milestone A that could affect the life-cycle costs
of the program and any manufacturing risks identified at
Milestone A or B that are associated with the program. |
