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

Subtitle C — Provisions Relating to Major Defense Acquisition Programs

P. L. 115-

House Conference Report. 115-874

(a) Revisions In Authority Relating To Program Cost And Fielding Targets.—Section 2448a of title 10, United States Code, is amended—

(1) in subsection (a), by striking “Secretary of Defense” and inserting “designated milestone decision authority for the program”;

(2) by striking “the milestone decision authority for the major defense acquisition program approves a program that” and inserting “the program”;

(3) by striking subsection (b); and

(4) by redesignating subsection (c) as subsection (b).

(b) Conforming Amendments.—

(1) Section 181(b) of title 10, United States Code, is amended—

(A) by striking paragraph (3); and

(B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (3), (4), (5), and (6), respectively.

(2) Section 2366a(c)(1)(A) of such title is amended by striking “by the Secretary of Defense”.

(3) Section 2366b of such title is amended—

(A) in subsection (a)(3)(D), by striking “Secretary of Defense after a request for such increase or delay by the”; and

(B) in subsection (c)(1)(A), by striking “by the Secretary of Defense”.

(4) Section 925(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2361; 10 U.S.C. 2448a note) is amended by striking “Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff” and inserting “designated milestone decision authority for the major defense acquisition program and the Vice Chief of Staff of the armed force concerned or, in the case of a program for which an alternate milestone decision authority is designated under section 2430(d)(2) of such title, the Vice Chairman of the Joint Chiefs of Staff”.

The House bill contained a provision (sec. 828) that would amend sections 2448a, 2366a, and 2366b of title 10, United States Code, to allow the Secretaries of the military departments, or, in instances where an alternate milestone decision authority for a program has been designated under section 2430(d)(2) of title 10, United States Code, the Secretary of Defense, to establish program cost, fielding, and performance goals in planning major defense acquisition programs. This section would also allow for the delegation of these responsibilities beyond the Deputy Secretary of Defense.

The Senate amendment contained a similar provision (sec. 831) that would amend section 2448a of title 10, United States Code, to clarify that the designated milestone decision authority is the individual responsible for ensuring the accomplishment of the stated goals for a major defense acquisition program.

The Senate recedes with an amendment that would clarify that the designated milestone decision authority is the individual responsible for ensuring the accomplishment of the stated goals for a major defense acquisition program with technical and conforming changes.

H. Rept. 115-676

Section 828--Revisions in Authority Relating to Program Cost Targets and Fielding Targets for Major Defense Acquisition Programs

This section would amend sections 2448a, 2366a, and 2366b of title 10, United States Code, to allow the Secretaries of the military departments, or, in instances where an alternate milestone decision authority for a program has been designated under section 2430(d)(2) of title 10, United States Code, the Secretary of Defense, to establish program cost, fielding, and performance goals in planning major defense acquisition programs. This section would also allow for the delegation of these responsibilities beyond the Deputy Secretary of Defense.

The committee notes that while section 825 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114- 92) amended section 2430 of title 10, United States Code, by changing the designation of the milestone decision authority for major defense acquisition programs to be, with some exceptions, the service acquisition executive of the military department that is managing the program, this change has not been reflected elsewhere in this title. As a result, certain statutory responsibilities remain with the Secretary of Defense when they should more appropriately be performed by the Secretaries of the military departments. This section addresses this discrepancy as it pertains to establishing program cost, fielding, and performance goals in planning major defense acquisition programs, as well as associated reporting to Congress that coincides with the granting of Milestone A and Milestone B approval.