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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. 815. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) Guidance Required- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance requiring the preservation and storage of unique tooling associated with the production of hardware for a major defense acquisition program through the end of the service life of the end item associated with such a program. Such guidance shall--

(1) require that the milestone decision authority approve a plan, including the identification of any contract clauses, facilities, and funding required, for the preservation and storage of such tooling prior to Milestone C approval;

(2) require that the milestone decision authority periodically review the plan required by paragraph (1) prior to the end of the service life of the end item, to ensure that the preservation and storage of such tooling remains adequate and in the best interest of the Department of Defense;

(3) provide a mechanism for the Secretary to waive the requirement for preservation and storage of unique production tooling, or any category of unique production tooling, if the Secretary--

(A) makes a written determination that such a waiver is in the best interest of the Department of Defense; and

(B) notifies the congressional defense committees of the waiver upon making such determination; and

(4) provide such criteria as necessary to guide a determination made pursuant to paragraph (3)(A).

(b) Definitions- In this section:

(1) MAJOR DEFENSE ACQUISITION PROGRAM- The term `major defense acquisition program' has the meaning provided in section 2430 of title 10, United States Code.

(2) MILESTONE DECISION AUTHORITY- The term `milestone decision authority' has the meaning provided in section 2366a(f)(2) of such title.

(3) MILESTONE C APPROVAL- The term `Milestone C approval' has the meaning provided in section 2366(e)(8) of such title.

This section would require the Secretary of Defense to issue guidance requiring that unique tooling associated with the production of hardware for a major defense acquisition program be preserved and stored through the end of the service life of the related weapons system. This section would allow the Secretary to waive this requirement in the interest of national security and with notice to the congressional defense committees.