123STA T . 1 7 2 4PUBLIC LA W 111 – 23 —M A Y 22 , 2 0 0 9Code(as a m e n ded bythi sse c tion ),w ithin one yea r a f ter the date of the enactment of this A ct . ( 2 )C OVER E DP RO G R AMS . —T he re qu irement in p ara g raph ( 1 ) sha l l apply to any ma j or defense acquisition program that— (A) was initiated before the date of the enactment of this Act
and ( B ) as of the date of certification under paragraph (1) has not otherwise been certified pursuant to either section 2 36 6a (as so amended) or 2366b of title 1 0 , U nited S tates Code. SEC.205 . AD D IT I ON A LR E QU IRE M ENTS F OR CERTAIN MA J OR DEFENSE ACQUISITION P RO G RAMS. (a) ADD IT IO N A LR E QU IREMENTS RELATING TO M ILESTONE B APPROVAL.—Section 2366b of title 10, United States Code, is amended— (1) in subsection (d)— (A) by inserting ‘ ‘(1) ’ ’ before ‘‘The milestone decision authority may’’; and (B) by stri k ing the second sentence and inserting the following
‘‘(2) W hene v er the milestone decision authority makes such a determination and authori z es such a waiver— ‘‘(A) the waiver, the determination, and the reasons for the determination shall be submitted in writing to the congres - sional defense committees within 30 days after the waiver is authorized; and ‘‘(B) the milestone decision authority shall review the pro- gram not less often than annually to determine the e x tent to which such program currently satisfies the certification components specified in paragraphs (1) and (2) of subsection (a) until such time as the milestone decision authority deter- mines that the program satisfies all such certification compo- nents.’’; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and inserting after subsection (d) the following new subsection (e): ‘‘(e) D ESIGNATION O F CERTIFI C ATION STATUS IN BUDGET DOCU- MENTATION.—Any budget request, budget justification material, budget display, reprogramming request, Selected Acquisition Report, or other budget documentation or performance report sub- mitted by the Secretary of Defense to the P resident regarding a major defense acquisition program receiving a waiver pursuant to subsection (d) shall prominently and clearly indicate that such program has not fully satisfied the certification requirements of this section until such time as the milestone decision authority makes the determination that such program has satisfied all such certification components.’’; and (3) in subsection (a)— (A) in paragraph (1), by striking ‘‘and’’ at the end; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following new paragraph (2): Det e rmina ti o n .W ai v era u t h orit y . Dea dl ine.
