(a) Certification.— A major defense acquisition program may not receive Milestone B approval, or Key Decision Point B approval in the case of a space program, until the milestone decision authority
(1) has received a business case analysis and certifies on the basis of the analysis that
(A) the program is affordable when considering the ability of the Department of Defense to accomplish the programs mission using alternative systems;
(B) the program is affordable when considering the per unit cost and the total acquisition cost in the context of the total resources available during the period covered by the future-years defense program submitted during the fiscal year in which the certification is made;
(C) reasonable cost and schedule estimates have been developed to execute the product development and production plan under the program; and
(D) funding is available to execute the product development and production plan under the program, through the period covered by the future-years defense program submitted during the fiscal year in which the certification is made, consistent with the estimates described in subparagraph (C) for the program; and
(2) further certifies that
(A) appropriate market research has been conducted prior to technology development to reduce duplication of existing technology and products;
(B) the Department of Defense has completed an analysis of alternatives with respect to the program;
(C) the Joint Requirements Oversight Council has accomplished its duties with respect to the program pursuant to section
181 (b) of this title, including an analysis of the operational requirements for the program;
(D) the technology in the program has been demonstrated in a relevant environment;
(E) the program demonstrates a high likelihood of accomplishing its intended mission; and
(F) the program complies with all relevant policies, regulations, and directives of the Department of Defense.
(b) Changes to Certification.—
(1) The program manager for a major defense acquisition program that has received certification under subsection (a) shall immediately notify the milestone decision authority of any changes to the program that
(A) alter the substantive basis for the certification of the milestone decision authority relating to any component of such certification specified in paragraph (1) or (2) of subsection (a); or
(B) otherwise cause the program to deviate significantly from the material provided to the milestone decision authority in support of such certification.
(2) Upon receipt of information under paragraph (1), the milestone decision authority may withdraw the certification concerned or rescind Milestone B approval (or Key Decision Point B approval in the case of a space program) if the milestone decision authority determines that such certification or approval is no longer valid.
(c) Submission to Congress.—
(1) The certification required 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.
(2) A summary of any information provided to the milestone decision authority pursuant to subsection (b) and a description of the actions taken as a result of such information shall be submitted with the first Selected Acquisition Report submitted under section
2432 of this title after receipt of such information by the milestone decision authority.
(d) Waiver for National Security.—
The milestone decision authority may, at the time of Milestone B approval (or Key Decision Point B approval in the case of a space program) or at the time that such milestone decision authority withdraws a certification or rescinds Milestone B approval (or Key Decision Point B approval in the case of a space program) pursuant to subsection (b)(2), waive the applicability to a major defense acquisition program of one or more components (as specified in paragraph (1) or (2) of subsection (a)) of the certification requirement if the milestone decision authority determines that, but for such a waiver, the Department would be unable to meet critical national security objectives. Whenever the milestone decision authority makes such a determination and authorizes such a waiver, the waiver, the determination, and the reasons for the determination shall be submitted in writing to the congressional defense committees within 30 days after the waiver is authorized.
(e) Nondelegation.—
The milestone decision authority may not delegate the certification requirement under subsection (a) or the authority to waive any component of such requirement under subsection (d).
(f) Definitions.— In this section:
(1) The term major defense acquisition program means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section
2430 of this title.
(2) The term milestone decision authority, with respect to a major defense acquisition program, means the individual within the Department of Defense designated with overall responsibility for the program.
(3) The term Milestone B approval has the meaning provided that term in section
2366 (e)(7) of this title.
(4) The term Key Decision Point B means the official program initiation of a National Security Space program of the Department of Defense, which triggers a formal review to determine maturity of technology and the programs readiness to begin the preliminary system design.
