US (United States) Code. Titel 10. Subtitle A. Part IV. Chapter 144: Major Defense Acquisition programs

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-CITE-

10 USC CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

.

-HEAD-

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

-MISC1-

Sec.

2430. Major defense acquisition program defined.

2431. Weapons development and procurement schedules.

2432. Selected Acquisition Reports.

2433. Unit cost reports.

2434. Independent cost estimates; operational manpower

requirements.

2435. Baseline description.

(2436 to 2439. Repealed.)

2440. Technology and industrial base plans.

AMENDMENTS

1994 - Pub. L. 103-355, title III, Sec. 3005(b), 3006(b),

3007(b), Oct. 13, 1994, 108 Stat. 3331, substituted ''Baseline

description'' for ''Enhanced program stability'' in item 2435 and

struck out items 2438 ''Major programs: competitive phototyping''

and 2439 ''Major programs: competitive alternative sources''.

1993 - Pub. L. 103-160, div. A, title VIII, Sec. 828(a)(4), Nov.

30, 1993, 107 Stat. 1713, struck out items 2436 ''Defense

enterprise programs'' and 2437 ''Defense enterprise programs:

milestone authorization''.

1992 - Pub. L. 102-484, div. A, title VIII, Sec. 821(a)(2),

div. D, title XLII, Sec. 4216(b)(2), Oct. 23, 1992, 106 Stat.

2460, 2670, added items 2438 and 2440 and redesignated former item

2438 as 2439.

1987 - Pub. L. 100-26, Sec. 7(b)(1), (2)(B), (9)(B), Apr. 21,

1987, 100 Stat. 279, 280, substituted ''Major Defense Acquisition

Programs'' for ''Oversight of Cost Growth in Major Programs'' in

chapter heading, added item 2430, and transferred former item 2305a

from chapter 137 and redesignated it as item 2438.

1986 - Pub. L. 99-661, div. A, title XII, Sec. 1208(c)(2), Nov.

14, 1986, 100 Stat. 3976, inserted ''; operational manpower

requirements'' in item 2434.

Pub. L. 99-500, Sec. 101(c) (title X, Sec. 904(a)(2), 905(a)(2),

906(a)(2)), Oct. 18, 1986, 100 Stat. 1783-82, 1783-134, 1783-135,

1783-137, and Pub. L. 99-591, Sec. 101(c) (title X, Sec. 904(a)(2),

905(a)(2), 906(a)(2)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-134,

3341-135, 3341-137; Pub. L. 99-661, div. A, title IX, formerly

title IV, Sec. 904(a)(2), 905(a)(2), 906(a)(2), Nov. 14, 1986, 100

Stat. 3914-3916, renumbered title IX, Pub. L. 100-26, Sec. 3(5),

Apr. 21, 1987, 101 Stat. 273, added items 2435 to 2437.

Pub. L. 99-433, title I, Sec. 101(a)(4), Oct. 1, 1986, 100 Stat.

994, added chapter heading and analysis of sections for chapter

144, consisting of sections 2431 to 2434.

-CITE-

10 USC Sec. 2430 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

-HEAD-

Sec. 2430. Major defense acquisition program defined

-STATUTE-

(a) In this chapter, the term ''major defense acquisition

program'' means a Department of Defense acquisition program that is

not a highly sensitive classified program (as determined by the

Secretary of Defense) and -

(1) that is designated by the Secretary of Defense as a major

defense acquisition program; or

(2) that is estimated by the Secretary of Defense to require an

eventual total expenditure for research, development, test, and

evaluation of more than $300,000,000 (based on fiscal year 1990

constant dollars) or an eventual total expenditure for

procurement of more than $1,800,000,000 (based on fiscal year

1990 constant dollars).

(b) The Secretary of Defense may adjust the amounts (and the base

fiscal year) provided in subsection (a)(2) on the basis of

Department of Defense escalation rates. An adjustment under this

subsection shall be effective after the Secretary transmits a

written notification of the adjustment to the Committee on Armed

Services of the Senate and the Committee on Armed Services of the

House of Representatives.

-SOURCE-

(Added Pub. L. 100-26, Sec. 7(b)(2)(A), Apr. 21, 1987, 101 Stat.

279; amended Pub. L. 102-484, div. A, title VIII, Sec. 817(b),

Oct. 23, 1992, 106 Stat. 2455; Pub. L. 104-106, div. A, title XV,

Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65,

div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (b). Pub. L. 104-106 substituted ''Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives'' for ''Committees on Armed

Services of the Senate and House of Representatives''.

1992 - Pub. L. 102-484 designated existing provisions as subsec.

(a), in par. (2) substituted ''$300,000,000'' for ''$200,000,000'',

''1990'' for ''1980'' in two places, and ''$1,800,000,000'' for

''$1,000,000,000'', and added subsec. (b).

SPIRAL DEVELOPMENT UNDER MAJOR DEFENSE ACQUISITION PROGRAMS

Pub. L. 107-314, div. A, title VIII, Sec. 803, Dec. 2, 2002, 116

Stat. 2603, provided that:

''(a) Authority. - The Secretary of Defense is authorized to

conduct major defense acquisition programs as spiral development

programs.

''(b) Limitation on Spiral Development Programs. - A research and

development program for a major defense acquisition program of a

military department or Defense Agency may not be conducted as a

spiral development program unless the Secretary of Defense approves

the spiral development plan for that research and development

program in accordance with subsection (c). The Secretary of Defense

may delegate authority to approve the plan to the Under Secretary

of Defense for Acquisition, Technology, and Logistics, or to the

senior acquisition executive of the military department or Defense

Agency concerned, but such authority may not be further delegated.

''(c) Spiral Development Plans. - A spiral development plan for a

research and development program for a major defense acquisition

program shall, at a minimum, include the following matters:

''(1) A rationale for dividing the research and development

program into separate spirals, together with a preliminary

identification of the spirals to be included.

''(2) A program strategy, including overall cost, schedule, and

performance goals for the total research and development program.

''(3) Specific cost, schedule, and performance parameters,

including measurable exit criteria, for the first spiral to be

conducted.

''(4) A testing plan to ensure that performance goals,

parameters, and exit criteria are met.

''(5) An appropriate limitation on the number of prototype

units that may be produced under the research and development

program.

''(6) Specific performance parameters, including measurable

exit criteria, that must be met before the major defense

acquisition program proceeds into production of units in excess

of the limitation on the number of prototype units.

''(d) Guidance. - Not later than 120 days after the date of the

enactment of this Act (Dec. 2, 2002), the Secretary of Defense

shall issue guidance for the implementation of spiral development

programs authorized by this section. The guidance shall include

appropriate processes for ensuring the independent validation of

exit criteria being met, the operational assessment of fieldable

prototypes, and the management of spiral development programs.

''(e) Reporting Requirement. - The Secretary shall submit to

Congress by September 30 of each of 2003 through 2008 a status

report on each research and development program that is a spiral

development program. The report shall contain information on unit

costs that is similar to the information on unit costs under major

defense acquisition programs that is required to be provided to

Congress under chapter 144 of title 10, United States Code, except

that the information on unit costs shall address projected

prototype costs instead of production costs.

''(f) Applicability of Existing Law. - Nothing in this section

shall be construed to exempt any program of the Department of

Defense from the application of any provision of chapter 144 of

title 10, United States Code, section 139, 181, 2366, 2399, or 2400

of such title, or any requirement under Department of Defense

Directive 5000.1, Department of Defense Instruction 5000.2, or

Chairman of the Joint Chiefs of Staff Instruction 3170.01B in

accordance with the terms of such provision or requirement.

''(g) Definitions. - In this section:

''(1) The term 'spiral development program', with respect to a

research and development program, means a program that -

''(A) is conducted in discrete phases or blocks, each of

which will result in the development of fieldable prototypes;

and

''(B) will not proceed into acquisition until specific

performance parameters, including measurable exit criteria,

have been met.

''(2) The term 'spiral' means one of the discrete phases or

blocks of a spiral development program.

''(3) The term 'major defense acquisition program' has the

meaning given such term in section 139(a)(2)(B) of title 10,

United States Code.''

ENVIRONMENTAL CONSEQUENCE ANALYSIS OF MAJOR DEFENSE ACQUISITION

PROGRAMS

Pub. L. 103-337, div. A, title VIII, Sec. 815, Oct. 5, 1994, 108

Stat. 2819, provided that:

''(a) Guidance. - Before April 1, 1995, the Secretary of Defense

shall issue guidance, to apply uniformly throughout the Department

of Defense, regarding -

''(1) how to achieve the purposes and intent of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by

ensuring timely compliance for major defense acquisition programs

(as defined in section 2430 of title 10, United States Code)

through (A) initiation of compliance efforts before development

begins, (B) appropriate environmental impact analysis in support

of each milestone decision, and (C) accounting for all direct,

indirect, and cumulative environmental effects before proceeding

toward production; and

''(2) how to analyze, as early in the process as feasible, the

life-cycle environmental costs for such major defense acquisition

programs, including the materials to be used, the mode of

operations and maintenance, requirements for demilitarization,

and methods of disposal, after consideration of all pollution

prevention opportunities and in light of all environmental

mitigation measures to which the department expressly commits.

''(b) Analysis. - Beginning not later than March 31, 1995, the

Secretary of Defense shall analyze the environmental costs of a

major defense acquisition process as an integral part of the

life-cycle cost analysis of the program pursuant to the guidance

issued under subsection (a).

''(c) Data Base for NEPA Documentation. - The Secretary of

Defense shall establish and maintain a data base for documents

prepared by the Department of Defense in complying with the

National Environmental Policy Act of 1969 with respect to major

defense acquisition programs. Any such document relating to a

major defense acquisition program shall be maintained in the data

base for 5 years after commencement of low-rate initial production

of the program.''

EFFICIENT CONTRACTING PROCESSES

Pub. L. 103-160, div. A, title VIII, Sec. 837, Nov. 30, 1993,

107 Stat. 1718, as amended by Pub. L. 103-355, title V, Sec.

5064(b)(2), Oct. 13, 1994, 108 Stat. 3360, provided that: ''The

Secretary of Defense shall take any additional actions that the

Secretary considers necessary to waive regulations not required by

statute that affect the efficiency of the contracting process

within the Department of Defense. Such actions shall include, in

the Secretary's discretion, developing methods to streamline the

procurement process, streamlining the period for entering into

contracts, and defining alternative techniques to reduce reliance

on military specifications and standards, in contracts for the

defense acquisition programs participating in the Defense

Acquisition Pilot Program.''

CONTRACT ADMINISTRATION: PERFORMANCE BASED CONTRACT MANAGEMENT

Pub. L. 103-160, div. A, title VIII, Sec. 838, Nov. 30, 1993,

107 Stat. 1718, as amended by Pub. L. 103-355, title V, Sec.

5064(b)(3), Oct. 13, 1994, 108 Stat. 3360, provided that: ''For at

least one participating defense acquisition program for which a

determination is made to make payments for work in progress under

the authority of section 2307 of title 10, United States Code, the

Secretary of Defense should define payment milestones on the basis

of quantitative measures of results.''

DEFENSE ACQUISITION PILOT PROGRAM

Pub. L. 104-201, div. A, title VIII, Sec. 803, Sept. 23, 1996,

110 Stat. 2604, as amended by Pub. L. 105-85, div. A, title VIII,

Sec. 847(b)(2), Nov. 18, 1997, 111 Stat. 1845, provided that:

''(a) Authority. - The Secretary of Defense may waive sections

2399, 2432, and 2433 of title 10, United States Code, in accordance

with this section for any defense acquisition program designated by

the Secretary of Defense for participation in the defense

acquisition pilot program authorized by section 809 of the National

Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510;

10 U.S.C. 2430 note).

''(b) Operational Test and Evaluation. - The Secretary of Defense

may waive the requirements for operational test and evaluation for

such a defense acquisition program as set forth in section 2399 of

title 10, United States Code, if the Secretary -

''(1) determines (without delegation) that such test would be

unreasonably expensive or impractical;

''(2) develops a suitable alternate operational test program

for the system concerned;

''(3) describes in the test and evaluation master plan, as

approved by the Director of Operational Test and Evaluation, the

method of evaluation that will be used to evaluate whether the

system will be effective and suitable for combat; and

''(4) submits to the congressional defense committees

(Committees on Armed Services and on Appropriations of the Senate

and House of Representatives) a report containing the

determination that was made under paragraph (1), a justification

for that determination, and a copy of the plan required by

paragraph (3).

''(c) Selected Acquisition Reports. - The Secretary of Defense

may waive the requirements of sections 2432 and 2433 of title 10,

United States Code, for such a defense acquisition program if the

Secretary provides a single annual report to Congress at the end of

each fiscal year that describes the status of the program in

relation to the baseline description for the program established

under section 2435 of such title.''

Pub. L. 103-355, title V, Sec. 5064, Oct. 13, 1994, 108 Stat.

3359, as amended by Pub. L. 106-398, Sec. 1 ((div. A), title VIII,

Sec. 801(a), (b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-202,

1654A-203, provided that:

''(a) In General. - The Secretary of Defense is authorized to

designate the following defense acquisition programs for

participation in the defense acquisition pilot program authorized

by section 809 of the National Defense Authorization Act for Fiscal

Year 1991 (Pub. L. 101-510) (10 U.S.C. 2430 note):

''(1) Fire support combined arms tactical trainer (fscatt). -

The Fire Support Combined Arms Tactical Trainer program with

respect to all contracts directly related to the procurement of a

training simulation system (including related hardware, software,

and subsystems) to perform collective training of field artillery

gunnery team components, with development of software as required

to generate the training exercises and component interfaces.

''(2) Joint direct attack munition (jdam i). - The Joint Direct

Attack Munition program with respect to all contracts directly

related to the development and procurement of a strap-on guidance

kit, using an inertially guided, Global Positioning System

updated guidance kit to enhance the delivery accuracy of

500-pound, 1000-pound, and 2000-pound bombs in inventory.

''(3) Joint primary aircraft training system (jpats). - The

Joint Primary Aircraft Training System (JPATS) with respect to

all contracts directly related to the acquisition of a new

primary trainer aircraft to fulfill Air Force and Navy joint

undergraduate aviation training requirements, and an associated

ground-based training system consisting of air crew training

devices (simulators), courseware, a Training Management System,

and contractor support for the life of the system.

''(4) Commercial-derivative aircraft (cda). -

''(A) All contracts directly related to the acquisition or

upgrading of commercial-derivative aircraft for use in meeting

airlift and tanker requirements and the air vehicle component

for airborne warning and control systems.

''(B) For purposes of this paragraph, the term

'commercial-derivative aircraft' means any of the following:

''(i) Any aircraft (including spare parts, support

services, support equipment, technical manuals, and data

related thereto) that is or was of a type customarily used in

the course of normal business operations for other than

Federal Government purposes, that has been issued a type

certificate by the Administrator of the Federal Aviation

Administration, and that has been sold or leased for use in

the commercial marketplace or that has been offered for sale

or lease for use in the commercial marketplace.

''(ii) Any aircraft that, but for modifications of a type

customarily available in the commercial marketplace, or minor

modifications made to meet Federal Government requirements,

would satisfy or would have satisfied the criteria in

subclause (I).

''(iii) For purposes of a potential complement or

alternative to the C-17 program, any nondevelopmental airlift

aircraft, other than the C-17 or any aircraft derived from

the C-17, shall be considered a commercial-derivative

aircraft.

''(5) Commercial-derivative engine (cde). - The commercial

derivative engine program with respect to all contracts directly

related to the acquisition of (A) commercial derivative engines

(including spare engines and upgrades), logistics support

equipment, technical orders, management data, and spare parts,

and (B) commercially derived engines for use in supporting the

purchase of commercial-derivative aircraft for use in airlift and

tanker requirements (including engine replacement and upgrades)

and the air vehicle component for airborne warning and control

systems. For purposes of a potential complement or alternative

to the C-17 program, any nondevelopmental airlift aircraft engine

shall be considered a commercial-derivative engine.

''(b) Pilot Program Implementation. - (1) (Amended section 833 of

Pub. L. 103-160, set out below.)

''(2) (Amended section 837 of Pub. L. 103-160, set out above.)

''(3) (Amended section 838 of Pub. L. 103-160, set out above.)

''(4) Not later than 45 days after the date of the enactment of

the Federal Acquisition Streamlining Act of 1994 (Oct. 13, 1994),

the Secretary of Defense shall identify for each defense

acquisition program participating in the pilot program quantitative

measures and goals for reducing acquisition management costs.

''(5) For each defense acquisition program participating in the

pilot program, the Secretary of Defense shall establish a review

process that provides senior acquisition officials with reports on

the minimum necessary data items required to ensure the appropriate

expenditure of funds appropriated for the program and that -

''(A) contain essential information on program results at

appropriate intervals, including the criteria to be used in

measuring the success of the program; and

''(B) reduce data requirements from the current program review

reporting requirements.

''(c) Special Authority. - The authority delegated under

subsection (a) may include authority for the Secretary of Defense -

''(1) to apply any amendment or repeal of a provision of law

made in this Act (see Tables for classification) to the pilot

programs before the effective date of such amendment or repeal

(see Effective Date of 1994 Amendment note set out under section

251 of Title 41, Public Contracts); and

''(2) to apply to a procurement of items other than commercial

items under such programs -

''(A) any authority provided in this Act (or in an amendment

made by a provision of this Act) to waive a provision of law in

the case of commercial items, and

''(B) any exception applicable under this Act (or an

amendment made by a provision of this Act) in the case of

commercial items,

before the effective date of such provision (or amendment) to the

extent that the Secretary determines necessary to test the

application of such waiver or exception to procurements of items

other than commercial items.

''(d) Applicability. - (1) Subsection (c) applies with respect to

-

''(A) a contract that is awarded or modified during the period

described in paragraph (2); and

''(B) a contract that is awarded before the beginning of such

period and is to be performed (or may be performed), in whole or

in part, during such period.

''(2) The period referred to in paragraph (1) is the period that

begins on October 13, 1994, and ends on October 1, 2007.

''(e) Rule of Construction. - Nothing in this section shall be

construed as authorizing the appropriation or obligation of funds

for the programs designated for participation in the defense

acquisition pilot program under the authority of subsection (a).''

Pub. L. 103-337, div. A, title VIII, Sec. 819, Oct. 5, 1994, 108

Stat. 2822, provided that: ''The Secretary of Defense is authorized

to designate the following defense acquisition programs for

participation, to the extent provided in the Federal Acquisition

Streamlining Act of 1994 (Pub. L. 103-355, see Tables for

classification), in the defense acquisition pilot program

authorized by section 809 of the National Defense Authorization Act

for Fiscal Year 1991 (Pub. L. 101-510) (10 U.S.C. 2430 note):

''(1) The Fire Support Combined Arms Tactical Trainer program.

''(2) The Joint Direct Attack Munition program.

''(3) The Joint Primary Aircraft Training System.

''(4) Commercial-derivative aircraft.

''(5) Commercial-derivative engine.''

Pub. L. 103-160, div. A, title VIII, Sec. 833, Nov. 30, 1993,

107 Stat. 1716, as amended by Pub. L. 103-355, title V, Sec.

5064(b)(1), Oct. 13, 1994, 108 Stat. 3360, provided that:

''(a) Mission-Oriented Program Management. - In the exercise of

the authority provided in section 809 of the National Defense

Authorization Act for Fiscal Year 1991 (Pub. L. 101-510) (10 U.S.C.

2430 note), the Secretary of Defense should propose for one or more

of the defense acquisition programs covered by the Defense

Acquisition Pilot Program to utilize the concept of

mission-oriented program management.

''(b) Policies and Procedures. - In the case of each defense

acquisition program covered by the Defense Acquisition Pilot

Program, the Secretary of Defense should prescribe policies and

procedures for the interaction of the program manager and the

commander of the operational command (or a representative)

responsible for the requirement for the equipment acquired, and for

the interaction with the commanders of the unified and specified

combatant commands. Such policies and procedures should include

provisions for enabling the user commands to participate in

acceptance testing.''

Pub. L. 103-160, div. A, title VIII, Sec. 835(b), Nov. 30, 1993,

107 Stat. 1717, related to funding for Defense Acquisition Pilot

Program, and authorized the Secretary of Defense to expend

appropriated sums as necessary to carry out next phase of

acquisition program cycle after Secretary determined that objective

quantifiable performance expectations relating to execution of that

phase had been identified, prior to repeal by Pub. L. 103-355,

title V, Sec. 5002(b), Oct. 13, 1994, 108 Stat. 3350.

Pub. L. 103-160, div. A, title VIII, Sec. 839, Nov. 30, 1993,

107 Stat. 1718, provided that:

''(a) Collection and Analysis of Performance Information. - The

Secretary of Defense shall collect and analyze information on

contractor performance under the Defense Acquisition Pilot Program.

''(b) Information To Be Included. - Information collected under

subsection (a) shall include the history of the performance of each

contractor under the Defense Acquisition Pilot Program contracts

and, for each such contract performed by the contractor, a

technical evaluation of the contractor's performance prepared by

the program manager responsible for the contract.''

Pub. L. 101-510, div. A, title VIII, Sec. 809, Nov. 5, 1990, 104

Stat. 1593, as amended by Pub. L. 102-484, div. A, title VIII,

Sec. 811, Oct. 23, 1992, 106 Stat. 2450; Pub. L. 103-160, div. A,

title VIII, Sec. 832, Nov. 30, 1993, 107 Stat. 1715, provided that:

''(a) Authority To Conduct Pilot Program. - The Secretary of

Defense may conduct a pilot program for the purpose of determining

the potential for increasing the efficiency and effectiveness of

the acquisition process in defense acquisition programs.

''(b) Designation of Participating Programs. - (1) Subject to

paragraph (2), the Secretary may designate defense acquisition

programs for participation in the pilot program.

''(2) The Secretary may designate for participation in the pilot

program only those defense acquisition programs specifically

authorized to be so designated in a law authorizing appropriations

for such program enacted after the date of the enactment of this

Act (Nov. 5, 1990).

''(c) Conduct of Pilot Program. - (1) In the case of each defense

acquisition program designated for participation in the pilot

program, the Secretary -

''(A) shall conduct the program in accordance with standard

commercial, industrial practices; and

''(B) may waive or limit the applicability of any provision of

law that is specifically authorized to be waived in the law

authorizing appropriations referred to in subsection (b)(2) and

that prescribes -

''(i) procedures for the procurement of supplies or services;

''(ii) a preference or requirement for acquisition from any

source or class of sources;

''(iii) any requirement related to contractor performance;

''(iv) any cost allowability, cost accounting, or auditing

requirements; or

''(v) any requirement for the management of, testing to be

performed under, evaluation of, or reporting on a defense

acquisition program.

''(2) The waiver authority provided in paragraph (1)(B) does not

apply to a provision of law if, as determined by the Secretary -

''(A) a purpose of the provision is to ensure the financial

integrity of the conduct of a Federal Government program; or

''(B) the provision relates to the authority of the Inspector

General of the Department of Defense.

''(d) Publication of Policies and Guidelines. - The Secretary

shall publish in the Federal Register a proposed memorandum setting

forth policies and guidelines for implementation of the pilot

program under this section and provide an opportunity for public

comment on the proposed memorandum for a period of 60 days after

the date of publication. The Secretary shall publish in the

Federal Register any subsequent proposed change to the memorandum

and provide an opportunity for public comment on each such proposed

change for a period of 60 days after the date of publication.

''(e) Notification and Implementation. - (1) The Secretary shall

transmit to the congressional defense committees a written

notification of each defense acquisition program proposed to be

designated by the Secretary for participation in the pilot program.

''(2) If the Secretary proposes to waive or limit the

applicability of any provision of law to a defense acquisition

program under the pilot program in accordance with this section,

the Secretary shall include in the notification regarding that

acquisition program -

''(A) the provision of law proposed to be waived or limited;

''(B) the effects of such provision of law on the acquisition,

including specific examples;

''(C) the actions taken to ensure that the waiver or limitation

will not reduce the efficiency, integrity, and effectiveness of

the acquisition process used for the defense acquisition program;

and

''(D) a discussion of the efficiencies or savings, if any, that

will result from the waiver or limitation.

''(f) Limitation on Waiver Authority. - The applicability of the

following requirements of law may not be waived or limited under

subsection (c)(1)(B) with respect to a defense acquisition program:

''(1) The requirements of this section.

''(2) The requirements contained in any law enacted on or after

the date of the enactment of this Act (Nov. 5, 1990) if that law

designates such defense acquisition program as a participant in

the pilot program, except to the extent that a waiver of such

requirement is specifically authorized for such defense

acquisition program in a law enacted on or after such date.

''(g) Termination of Authority. - The authority to waive or limit

the applicability of any law under this section may not be

exercised after September 30, 1995.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 139, 1621, 1733, 1737,

2433 of this title; title 50 section 1521a.

-CITE-

10 USC Sec. 2431 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

-HEAD-

Sec. 2431. Weapons development and procurement schedules

-STATUTE-

(a) The Secretary of Defense shall submit to Congress each

calendar year, not later than 45 days after the President submits

the budget to Congress under section 1105 of title 31, budget

justification documents regarding development and procurement

schedules for each weapon system for which fund authorization is

required by section 114(a) of this title, and for which any funds

for procurement are requested in that budget. The documents shall

include data on operational testing and evaluation for each weapon

system for which funds for procurement are requested (other than

funds requested only for the procurement of units for operational

testing and evaluation, or long lead-time items, or both). A

weapon system shall also be included in the annual documents

required under this subsection in each year thereafter until

procurement of that system has been completed or terminated, or the

Secretary of Defense certifies, in writing, that such inclusion

would not serve any useful purpose and gives his reasons therefor.

(b) Any documents required to be submitted under subsection (a)

shall include detailed and summarized information with respect to

each weapon system covered and shall specifically include each of

the following:

(1) The development schedule, including estimated annual costs

until development is completed.

(2) The planned procurement schedule, including the best

estimate of the Secretary of Defense of the annual costs and

units to be procured until procurement is completed.

(3) To the extent required by the second sentence of subsection

(a), the result of all operational testing and evaluation up to

the time of the submission of the documents, or, if operational

testing and evaluation has not been conducted, a statement of the

reasons therefor and the results of such other testing and

evaluation as has been conducted.

(4)(A) The most efficient production rate, the most efficient

acquisition rate, and the minimum sustaining rate, consistent

with the program priority established for such weapon system by

the Secretary concerned.

(B) In this paragraph:

(i) The term ''most efficient production rate'' means the

maximum rate for each budget year at which the weapon system

can be produced with existing or planned plant capacity and

tooling, with one shift a day running for eight hours a day and

five days a week.

(ii) The term ''minimum sustaining rate'' means the

production rate for each budget year that is necessary to keep

production lines open while maintaining a base of responsive

vendors and suppliers.

(c) In the case of any weapon system for which procurement funds

have not been previously requested and for which funds are first

requested by the President in any fiscal year after the Budget for

that fiscal year has been submitted to Congress, the same

documentation requirements shall be applicable to that system in

the same manner and to the same extent as if funds had been

requested for that system in that budget.

-SOURCE-

(Added Pub. L. 93-155, title VIII, Sec. 803(a), Nov. 16, 1973, 87

Stat. 614, Sec. 139; amended Pub. L. 94-106, title VIII, Sec. 805,

Oct. 7, 1975, 89 Stat. 538; Pub. L. 96-513, title V, Sec. 511(5),

Dec. 12, 1980, 94 Stat. 2920; Pub. L. 97-86, title IX, Sec. 909(c),

Dec. 1, 1981, 95 Stat. 1120; Pub. L. 97-258, Sec. 3(b)(1), Sept.

13, 1982, 96 Stat. 1063; Pub. L. 98-525, title XIV, Sec. 1405(3),

Oct. 19, 1984, 98 Stat. 2621; renumbered Sec. 2431 and amended Pub.

L. 99-433, title I, Sec. 101(a)(5), 110(d)(12), (g)(6), Oct. 1,

1986, 100 Stat. 995, 1003, 1004; Pub. L. 100-180, div. A, title

XIII, Sec. 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub. L.

101-510, div. A, title XIII, Sec. 1301(13), title XIV, Sec.

1484(f)(3), Nov. 5, 1990, 104 Stat. 1668, 1717; Pub. L. 103-355,

title III, Sec. 3001, Oct. 13, 1994, 108 Stat. 3327; Pub. L.

104-106, div. D, title XLIII, Sec. 4321(b)(18), Feb. 10, 1996, 110

Stat. 673.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 92-156, title V, Sec. 506, Nov. 17, 1971, 85 Stat. 429,

prior to repeal by Pub. L. 93-155, Sec. 803(b)(2).

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106, Sec. 4321(b)(18)(A)(i),

substituted ''Any documents'' for ''Any report'' in first sentence.

Subsec. (b)(3). Pub. L. 104-106, Sec. 4321(b)(18)(A)(ii),

substituted ''the documents'' for ''the report''.

Subsec. (c). Pub. L. 104-106, Sec. 4321(b)(18)(B), substituted

''documentation'' for ''reporting''.

1994 - Subsec. (a). Pub. L. 103-355, Sec. 3001(a), substituted

''not later than 45 days after'' for ''at the same time'' and

''budget justification documents'' for ''a written report'' in

first sentence and ''documents'' for ''report'' in second and third

sentences.

Subsec. (b). Pub. L. 103-355, Sec. 3001(b)(1), substituted

''include each of the following:'' for ''include - '' in

introductory provisions.

Subsec. (b)(1) to (3). Pub. L. 103-355, Sec. 3001(b)(2)-(4),

capitalized first letter of first word in pars. (1) to (3) and

substituted period for semicolon at end of pars. (1) and (2) and

period for ''; and'' at end of par. (3).

Subsec. (b)(4). Pub. L. 103-355, Sec. 3001(b)(5) amended par. (4)

generally. Prior to amendment, par. (4) read as follows: ''the

most efficient production rate and the most efficient acquisition

rate consistent with the program priority established for such

weapon system by the Secretary concerned.''

1990 - Subsec. (b). Pub. L. 101-510, Sec. 1484(f)(3), substituted

''covered and shall specifically include'' for ''covered, and

specifically include, but not be limited to'' in introductory

provisions.

Pub. L. 101-510, Sec. 1301(13), redesignated subsec. (c) as (b),

struck out ''or (b)'' after ''under subsection (a)'', and struck

out former subsec. (b) which read as follows: ''The Secretary of

Defense shall submit a supplemental report to Congress not less

than 30, or more than 90, days before the award of any contract, or

the exercise of any option in a contract, for the procurement of

any such weapon system (other than procurement of units for

operational testing and evaluation, or long lead-time items, or

both), unless -

''(1) the contractor or contractors for that system have not

yet been selected and the Secretary of Defense determines that

the submission of that report would adversely affect the source

selection process and notifies Congress in writing, prior to such

award, of that determination, stating his reasons therefor; or

''(2) the Secretary of Defense determines that the submission

of that report would otherwise adversely affect the vital

security interests of the United States and notifies Congress in

writing of that determination at least 30 days prior to the

award, stating his reasons therefor.''

Subsecs. (c), (d). Pub. L. 101-510, Sec. 1301(13)(C),

redesignated subsecs. (c) and (d) as (b) and (c), respectively.

1987 - Pub. L. 100-180 made technical amendment to directory

language of Pub. L. 99-433, Sec. 101(a)(5). See 1986 Amendment note

below.

1986 - Pub. L. 99-433, Sec. 101(a)(5), as amended by Pub. L.

100-180, Sec. 1314(a)(1), renumbered section 139 of this title as

this section.

Pub. L. 99-433, Sec. 110(d)(12), substituted ''Weapons

development and procurement schedules'' for ''Secretary of Defense:

weapons development and procurement schedules for armed forces;

reports; supplemental reports'' in section catchline.

Subsec. (a). Pub. L. 99-433, Sec. 110(g)(6), substituted

''section 114(a)'' for ''section 138(a)''.

1984 - Subsec. (b). Pub. L. 98-525, Sec. 1405(3)(B), substituted

''30'' for ''thirty'' and ''90'' for ''ninety'' in introductory

text.

Subsec. (b)(2). Pub. L. 98-525, Sec. 1405(3)(A), substituted

''30'' for ''thirty''.

1982 - Subsec. (a). Pub. L. 97-258 substituted ''section 1105 of

title 31'' for ''section 201 of the Budget and Accounting Act, 1921

(31 U.S.C. 11)''.

1981 - Subsec. (c)(4). Pub. L. 97-86 added par. (4).

1980 - Subsec. (a). Pub. L. 96-513 substituted ''section 201 of

the Budget and Accounting Act, 1921 (31 U.S.C. 11)'' for ''section

11 of title 31''.

1975 - Subsec. (b). Pub. L. 94-106 substituted ''or more than

ninety, days before'' for ''or more than sixty, days before''.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L.

104-106, see section 4401 of Pub. L. 104-106, set out as a note

under section 251 of Title 41, Public Contracts.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-180 applicable as if included in

enactment of the Goldwater-Nichols Department of Defense

Reorganization Act of 1986, Pub. L. 99-433, see section 1314(e) of

Pub. L. 100-180, set out as a note under section 743 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

REPORT REQUIREMENTS RELATING TO BALLISTIC MISSILE DEFENSE PROGRAMS

Pub. L. 107-314, div. A, title II, Sec. 221, Dec. 2, 2002, 116

Stat. 2484, provided that:

''(a) Annual Submission of Current Performance Goals and

Development Baselines. - (1) The Secretary of Defense shall submit

to the congressional defense committees (Committees on Armed

Services and Appropriations of the Senate and the House of

Representatives) each year the performance goals and development

baselines -

''(A) for those ballistic missile defense systems under

development by the Missile Defense Agency that could be fielded;

and

''(B) for any other ballistic missile defense program or

project that has been designated by Congress as a special

interest item.

''(2) Such performance goals and development baselines shall be

provided for each block of each such system.

''(3) The performance goals and development baselines under

paragraph (1) shall be included annually with the defense budget

justification materials submitted in support of the President's

budget submitted to Congress under section 1105 of title 31, United

States Code.

''(b) RDT&E Budget Justification Materials. - The budget

justification materials submitted to Congress for any fiscal year

in support of a request for the authorization and appropriation of

funds for research, development, test, and evaluation for ballistic

missile defense systems shall include a funding profile for each

block of each such system that could be fielded that reflects the

development baseline submitted pursuant to subsection (a) for that

fiscal year.

''(c) Review of MDA Criteria in Relation to Military

Requirements. - (1) The Joint Requirements Oversight Council

established under section 181 of title 10, United States Code,

shall review cost, schedule, and performance criteria for missile

defense programs of the Missile Defense Agency in order to assess

the validity of those criteria in relation to military

requirements.

''(2) The Secretary shall include the results of such review with

the first annual statement of program goals submitted to the

congressional defense committees under section 232(c) of the

National Defense Authorization Act for Fiscal Year 2002 (Public Law

107-107; 10 U.S.C. 2431 note) after the date of the enactment of

this Act (Dec. 2, 2002).''

PROVISION OF INFORMATION ON FLIGHT TESTING OF GROUND-BASED

MIDCOURSE NATIONAL MISSILE DEFENSE SYSTEM

Pub. L. 107-314, div. A, title II, Sec. 224, Dec. 2, 2002, 116

Stat. 2485, provided that:

''(a) Information To Be Furnished to Congressional Committees. -

The Director of the Missile Defense Agency shall provide to the

congressional defense committees (Committees on Armed Services and

Appropriations of the Senate and the House of Representatives)

information on the results of each flight test of the Ground-based

Midcourse national missile defense system.

''(b) Content. - Information provided under subsection (a) on the

results of a flight test shall include the following matters:

''(1) A thorough discussion of the content and objectives of

the test.

''(2) For each such test objective, a statement regarding

whether or not the objective was achieved.

''(3) For any such test objective not achieved -

''(A) a thorough discussion describing the reasons that the

objective was not achieved; and

''(B) a discussion of any plans for future tests to achieve

that objective.''

MISSILE DEFENSE AGENCY TEST PROGRAM

Pub. L. 107-107, div. A, title II, Sec. 232(c)-(h), Dec. 28,

2001, 115 Stat. 1037-1039, as amended by Pub. L. 107-314, div. A,

title II, Sec. 225(b)(2)(A), Dec. 2, 2002, 116 Stat. 2486, provided

that:

''(c) Requirement for Annual Program Goals. - (1) The Secretary

of Defense shall each year establish cost, schedule, testing, and

performance goals for the ballistic missile defense programs of the

Department of Defense for the period covered by the future-years

defense program that is submitted to Congress that year under

section 221 of title 10, United States Code. Not later than

February 1 each year, the Secretary shall submit to the

congressional defense committees (Committees on Armed Services and

Appropriations of the Senate and the House of Representatives) a

statement of the goals so established.

''(2) The statement of goals submitted under paragraph (1) for

any year after 2002 shall be an update of the statement submitted

under that paragraph for the preceding year.

''(3) Each statement of goals submitted under paragraph (1) shall

set forth cost, schedule, testing, and performance goals that

pertain to each functional area program element identified in

subsection (a), and each program element identified in subsection

(b), of section 223 of title 10, United States Code.

''(d) Annual Program Plan. - (1) With the submission of the

statement of goals under subsection (c) for any year, the Secretary

of Defense shall submit to the congressional defense committees

(Committees on Armed Services and Appropriations of the Senate and

the House of Representatives) a program of activities planned to be

carried out for each missile defense program that enters

engineering and manufacturing development (as defined in section

223(b)(2) of title 10, United States Code, as added by subsection

(b)).

''(2) Each program plan under paragraph (1) shall include the

following:

''(A) A funding profile that includes an estimate of -

''(i) the total expenditures to be made in the fiscal year in

which the plan is submitted and the following fiscal year,

together with the estimated total life-cycle costs of the

program; and

''(ii) a display of such expenditures (shown for significant

procurement, construction, and research and development) for

the fiscal year in which the plan is submitted and the

following fiscal year.

''(B) A program schedule for the fiscal year in which the plan

is submitted and the following fiscal year for each of the

following:

''(i) Significant procurement.

''(ii) Construction.

''(iii) Research and development.

''(iv) Flight tests.

''(v) Other significant testing activities.

''(3) Information specified in paragraph (2) need not be included

in the plan for any year under paragraph (1) to the extent such

information has already been provided, or will be provided in the

current fiscal year, in annual budget justification documents of

the Department of Defense submitted to Congress or in other

required reports to Congress.

''(e) Internal DOD Reviews. - (1) The officials and elements of

the Department of Defense specified in paragraph (2) shall on an

ongoing basis -

''(A) review the development of goals under subsection (c) and

the annual program plan under subsection (d); and

''(B) provide to the Secretary of Defense and the Director of

the Missile Defense Agency any comments on such matters as

considered appropriate.

''(2) Paragraph (1) applies with respect to the following:

''(A) The Under Secretary of Defense for Acquisition,

Technology, and Logistics.

''(B) The Director of Operational Test and Evaluation.

''(C) The Director of Program Analysis and Evaluation.

''(D) The Joint Requirements Oversight Council.

''(E) The Cost Analysis and Improvement Group.

''(f) Demonstration of Critical Technologies. - (1) The Director

of the Missile Defense Agency shall develop a plan for ensuring

that each critical technology for a missile defense program is

successfully demonstrated in an appropriate environment before that

technology enters into operational service as part of a missile

defense program.

''(2) The Director of Operational Test and Evaluation of the

Department of Defense shall monitor the development of the plan

under paragraph (1) and shall submit to the Director of the Missile

Defense Agency any comments regarding that plan that the Director

of Operational Test and Evaluation considers appropriate.

''(g) Comptroller General Assessment. - (1) At the conclusion of

each of fiscal years 2002 and 2003, the Comptroller General of the

United States shall assess the extent to which the Missile Defense

Agency achieved the goals established under subsection (c) for such

fiscal year.

''(2) Not later than February 15, 2003, and February 15, 2004,

the Comptroller General shall submit to the congressional defense

committees (Committees on Armed Services and Appropriations of the

Senate and the House of Representatives) a report on the

Comptroller General's assessment under paragraph (1) with respect

to the preceding fiscal year.

''(h) Annual OT&E Assessment of Test Program. - (1) The Director

of Operational Test and Evaluation shall each year assess the

adequacy and sufficiency of the Missile Defense Agency test program

during the preceding fiscal year.

''(2) Not later than February 15 each year the Director shall

submit to the congressional defense committees a report on the

assessment under paragraph (1) with respect to the preceding fiscal

year.''

MISSILE DEFENSE TESTING INITIATIVE

Pub. L. 107-107, div. A, title II, Sec. 234, Dec. 28, 2001, 115

Stat. 1039, provided that:

''(a) Testing Infrastructure. - (1) The Secretary of Defense

shall ensure that each annual budget request of the Department of

Defense -

''(A) is designed to provide for comprehensive testing of

ballistic missile defense programs during early stages of

development; and

''(B) includes necessary funding to support and improve test

infrastructure and provide adequate test assets for the testing

of such programs.

''(2) The Secretary shall ensure that ballistic missile defense

programs incorporate, to the greatest possible extent,

operationally realistic test configurations (referred to as 'test

bed' configurations) to demonstrate system performance across a

broad range of capability and, during final stages of operational

testing, to demonstrate reliable performance.

''(3) The Secretary shall ensure that the test infrastructure for

ballistic missile defense programs is capable of supporting

continued testing of ballistic missile defense systems after

deployment.

''(b) Requirements for Early Stages of System Development. - In

order to demonstrate acceptable risk and developmental stability,

the Secretary of Defense shall ensure that any ballistic missile

defense program incorporates, to the maximum extent practicable,

the following elements during the early stages of system

development:

''(1) Pursuit of parallel conceptual approaches and

technological paths for all critical problematic components until

effective and reliable solutions can be demonstrated.

''(2) Comprehensive ground testing in conjunction with

flight-testing for key elements of the proposed system that are

considered to present high risk, with such ground testing to make

use of existing facilities and combinations of facilities that

support testing at the highest possible levels of integration.

''(3) Where appropriate, expenditures to enhance the

capabilities of existing test facilities, or to construct new

test facilities, to support alternative complementary test

methodologies.

''(4) Sufficient funding of test instrumentation to ensure

accurate measurement of all critical test events.

''(5) Incorporation into the program of sufficient schedule

flexibility and expendable test assets, including missile

interceptors and targets, to ensure that failed or aborted tests

can be repeated in a prudent, but expeditious manner.

''(6) Incorporation into flight-test planning for the program,

where possible, of -

''(A) methods that make the most cost-effective use of test

opportunities;

''(B) events to demonstrate engagement of multiple targets,

'shoot-look-shoot', and other planned operational concepts; and

''(C) exploitation of opportunities to facilitate early

development and demonstration of 'family of systems' concepts.

''(c) Specific Requirements for Ground-Based Mid-Course

Interceptor Systems. - For ground-based mid-course interceptor

systems, the Secretary of Defense shall initiate steps during

fiscal year 2002 to establish a flight-test capability of launching

not less than three missile defense interceptors and not less than

two ballistic missile targets to provide a realistic test

infrastructure.''

NATIONAL MISSILE DEFENSE POLICY

Pub. L. 106-38, Sec. 2, July 22, 1999, 113 Stat. 205, provided

that: ''It is the policy of the United States to deploy as soon as

is technologically possible an effective National Missile Defense

system capable of defending the territory of the United States

against limited ballistic missile attack (whether accidental,

unauthorized, or deliberate) with funding subject to the annual

authorization of appropriations and the annual appropriation of

funds for National Missile Defense.''

NATIONAL MISSILE DEFENSE PROGRAM

Pub. L. 105-85, div. A, title II, Sec. 231, Nov. 18, 1997, 111

Stat. 1661, provided that:

''(a) Program Structure. - To preserve the option of achieving an

initial operational capability in fiscal year 2003, the Secretary

of Defense shall ensure that the National Missile Defense Program

is structured and programmed for funding so as to support a test,

in fiscal year 1999, of an integrated national missile defense

system that is representative of the national missile defense

system architecture that could achieve initial operational

capability in fiscal year 2003.

''(b) Elements of NMD System. - The national missile defense

system architecture specified in subsection (a) shall consist of

the following elements:

''(1) An interceptor system that optimizes defensive coverage

of the continental United States, Alaska, and Hawaii against

limited ballistic missile attack (whether accidental,

unauthorized, or deliberate).

''(2) Ground-based radars.

''(3) Space-based sensors.

''(4) Battle management, command, control, and communications

(BM/C (FOOTNOTE 3) ).

''(c) Plan for NMD System Development and Deployment. - Not later

than February 15, 1998, the Secretary of Defense shall submit to

the congressional defense committees (Committees on Armed Services

and Appropriations of Senate and House of Representatives) a plan

for the development and deployment of a national missile defense

system that could achieve initial operational capability in fiscal

year 2003. The plan shall include the following matters:

''(1) A detailed description of the system architecture

selected for development.

''(2) A discussion of the justification for the selection of

that particular architecture.

''(3) The Secretary's estimate of the amounts of the

appropriations that would be necessary for research, development,

test, evaluation, and for procurement for each of fiscal years

1999 through 2003 in order to achieve an initial operational

capability of the system architecture in fiscal year 2003.

''(4) For each activity necessary for the development and

deployment of the national missile defense system architecture

selected by the Secretary that would at some point conflict with

the terms of the ABM Treaty, if any -

''(A) a description of the activity;

''(B) a description of the point at which the activity would

conflict with the terms of the ABM Treaty;

''(C) the legal analysis justifying the Secretary's

determination regarding the point at which the activity would

conflict with the terms of the ABM Treaty; and

''(D) an estimate of the time at which such point would be

reached in order to achieve a test of an integrated missile

defense system in fiscal year 1999 and initial operational

capability of such a system in fiscal year 2003.

''(d) Funding for Fiscal Year 1998. - Of the funds authorized to

be appropriated under section 201(4) (111 Stat. 1655), $978,091,000

shall be available for the National Missile Defense Program.

''(e) ABM Treaty Defined. - In this section, the term 'ABM

Treaty' means the Treaty Between the United States of America and

the Union of Soviet Socialist Republics on the Limitation of

Anti-Ballistic Missile Systems, signed at Moscow on May 26, 1972,

and includes the Protocol to that treaty, signed at Moscow on July

3, 1974.''

ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR SECURITY

ADMINISTRATION AND MISSILE DEFENSE AGENCY

Pub. L. 106-398, Sec. 1 (div. C, title XXXI, Sec. 3132), Oct. 30,

2000, 114 Stat. 1654, 1654A-455, as amended by Pub. L. 107-314,

div. A, title II, Sec. 225(b)(3), Dec. 2, 2002, 116 Stat. 2486,

provided that:

''(a) Jointly Funded Projects. - The Secretary of Energy and the

Secretary of Defense shall modify the memorandum of understanding

for the use of the national laboratories for ballistic missile

defense programs, entered into under section 3131 of the National

Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85;

111 Stat. 2034; 10 U.S.C. 2431 note), to provide for jointly funded

projects.

''(b) Requirements for Projects. - The projects referred to in

subsection (a) shall -

''(1) be carried out by the National Nuclear Security

Administration and the Missile Defense Agency; and

''(2) contribute to sustaining -

''(A) the expertise necessary for the viability of such

laboratories; and

''(B) the capabilities required to sustain the nuclear

stockpile.

''(c) Participation by NNSA in Certain MDA Activities. - The

Administrator for Nuclear Security and the Director of the Missile

Defense Agency shall implement mechanisms that increase the

cooperative relationship between those organizations. Those

mechanisms may include participation by personnel of the National

Nuclear Security Administration in the following activities of the

Missile Defense Agency:

''(1) Peer reviews of technical efforts.

''(2) Activities of so-called 'red teams'.''

Pub. L. 105-85, div. C, title XXXI, Sec. 3131, Nov. 18, 1997,

111 Stat. 2034, provided that:

''(a) Memorandum of Understanding. - The Secretary of Energy and

the Secretary of Defense shall enter into a memorandum of

understanding for the purpose of improving and facilitating the use

by the Secretary of Defense of the expertise of the national

laboratories for the ballistic missile defense programs of the

Department of Defense.

''(b) Assistance. - The memorandum of understanding shall provide

that the Secretary of Defense shall request such assistance with

respect to the ballistic missile defense programs of the Department

of Defense as the Secretary of Defense and the Secretary of Energy

determine can be provided through the technical skills and

experience of the national laboratories, using such financial

arrangements as the Secretaries determine are appropriate.

''(c) Activities. - The memorandum of understanding shall provide

that the national laboratories shall carry out those activities

necessary to respond to requests for assistance from the Secretary

of Defense referred to in subsection (b). Such activities may

include the identification of technical modifications and test

techniques, the analysis of physics problems, the consolidation of

range and test activities, and the analysis and simulation of

theater missile defense deployment problems.

''(d) National Laboratories. - For purposes of this section, the

national laboratories are -

''(1) the Lawrence Livermore National Laboratory, Livermore,

California;

''(2) the Los Alamos National Laboratory, Los Alamos, New

Mexico; and

''(3) the Sandia National Laboratories, Albuquerque, New

Mexico.''

BALLISTIC MISSILE DEFENSE PROGRAM

Subtitle C of title II of div. A of Pub. L. 104-106, as amended

by Pub. L. 105-85, div. A, title II, Sec. 236, Nov. 18, 1997, 111

Stat. 1665; Pub. L. 106-65, div. A, title X, Sec. 1067(6), Oct. 5,

1999, 113 Stat. 774; Pub. L. 107-314, div. A, title X, Sec.

1041(c), Dec. 2, 2002, 116 Stat. 2646, provided that:

''SEC. 231. SHORT TITLE.

''This subtitle may be cited as the 'Ballistic Missile Defense

Act of 1995'.

''SEC. 232. FINDINGS.

''Congress makes the following findings:

''(1) The emerging threat that is posed to the national

security interests of the United States by the proliferation of

ballistic missiles is significant and growing, both in terms of

numbers of missiles and in terms of the technical capabilities of

those missiles.

''(2) The deployment of ballistic missile defenses is a

necessary, but not sufficient, element of a broader strategy to

discourage both the proliferation of weapons of mass destruction

and the proliferation of the means of their delivery and to

defend against the consequences of such proliferation.

''(3) The deployment of effective Theater Missile Defense

systems can deter potential adversaries of the United States from

escalating a conflict by threatening or attacking United States

forces or the forces or territory of coalition partners or allies

of the United States with ballistic missiles armed with weapons

of mass destruction to offset the operational and technical

advantages of the United States and its coalition partners and

allies.

''(4) United States intelligence officials have provided

intelligence estimates to congressional committees that (A) the

trend in missile proliferation is toward longer range and more

sophisticated ballistic missiles, (B) North Korea may deploy an

intercontinental ballistic missile capable of reaching Alaska or

beyond within five years, and (C) although a new, indigenously

developed ballistic missile threat to the continental United

States is not foreseen within the next ten years, determined

countries can acquire intercontinental ballistic missiles in the

near future and with little warning by means other than

indigenous development.

''(5) The development and deployment by the United States and

its allies of effective defenses against ballistic missiles of

all ranges will reduce the incentives for countries to acquire

such missiles or to augment existing missile capabilities.

''(6) The concept of mutual assured destruction (based upon an

offense-only form of deterrence), which is the major

philosophical rationale underlying the ABM Treaty, is now

questionable as a basis for stability in a multipolar world in

which the United States and the states of the former Soviet Union

are seeking to normalize relations and eliminate Cold War

attitudes and arrangements.

''(7) The development and deployment of a National Missile

Defense system against the threat of limited ballistic missile

attacks -

''(A) would strengthen deterrence at the levels of forces

agreed to by the United States and Russia under the Strategic

Arms Reduction Talks Treaty (START-I); and

''(B) would further strengthen deterrence if reductions below

the levels permitted under START-I should be agreed to and

implemented in the future.

''(8) The distinction made during the Cold War, based upon the

technology of the time, between strategic ballistic missiles and

nonstrategic ballistic missiles, which resulted in the

distinction made in the ABM Treaty between strategic defense and

nonstrategic defense, has become obsolete because of

technological advancement (including the development by North

Korea of long-range Taepo-Dong I and Taepo-Dong II missiles) and,

therefore, that distinction in the ABM Treaty should be reviewed.

''SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.

''It is the policy of the United States -

''(1) to deploy affordable and operationally effective theater

missile defenses to protect forward-deployed and expeditionary

elements of the Armed Forces of the United States and to

complement the missile defense capabilities of forces of

coalition partners and of allies of the United States; and

''(2) to seek a cooperative, negotiated transition to a regime

that does not feature an offense-only form of deterrence as the

basis for strategic stability.

''SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.

''(a) Establishment of Core Program. - To implement the policy

established in paragraph (1) of section 233, the Secretary of

Defense shall restructure the core theater missile defense program

to consist of the following systems:

''(1) The Patriot PAC-3 system.

''(2) The Navy Area Defense system.

''(3) The Theater High-Altitude Area Defense (THAAD) system.

''(4) The Navy Theater Wide system.

''(b) Use of Streamlined Acquisition Procedures. - The Secretary

of Defense shall prescribe and use streamlined acquisition policies

and procedures to reduce the cost and increase the efficiency of

developing and deploying the theater missile defense systems

specified in subsection (a).

''(c) Interoperability and Support of Core Systems. - To maximize

effectiveness and flexibility of the systems comprising the core

theater missile defense program, the Secretary of Defense shall

ensure that those systems are integrated and complementary and are

fully capable of exploiting external sensor and battle management

support from systems such as -

''(A) the Cooperative Engagement Capability (CEC) system of the

Navy;

''(B) airborne sensors; and

''(C) space-based sensors (including, in particular, the Space

and Missile Tracking System).

''(d) Follow-on Systems. - (1) The Secretary of Defense shall

prepare an affordable development plan for theater missile defense

systems to be developed as follow-on systems to the core systems

specified in subsection (a). The Secretary shall make the selection

of a system for inclusion in the plan based on the capability of

the system to satisfy military requirements not met by the systems

in the core program and on the capability of the system to use

prior investments in technologies, infrastructure, and

battle-management capabilities that are incorporated in, or

associated with, the systems in the core program.

''(2) The Secretary may not proceed with the development of a

follow-on theater missile defense system beyond the

Demonstration/Validation stage of development unless the Secretary

designates that system as a part of the core program under this

section and submits to the congressional defense committees

(Committees on Armed Services and on Appropriations of the Senate

and House of Representatives) notice of that designation. The

Secretary shall include with any such notification a report

describing -

''(A) the requirements for the system and the specific threats

that such system is designed to counter;

''(B) how the system will relate to, support, and build upon

existing core systems;

''(C) the planned acquisition strategy for the system; and

''(D) a preliminary estimate of total program cost for that

system and the effect of development and acquisition of such

system on Department of Defense budget projections.

''(e) Program Accountability Report. - (1) As part of the annual

report of the Ballistic Missile Defense Organization (now Missile

Defense Agency) required by section 224 of Public Law 101-189 (10

U.S.C. 2431 note), the Secretary of Defense shall describe the

technical milestones, the schedule, and the cost of each phase of

development and acquisition (together with total estimated program

costs) for each core and follow-on theater missile defense program.

''(2) As part of such report, the Secretary shall describe, with

respect to each program covered in the report, any variance in the

technical milestones, program schedule milestones, and costs for

the program compared with the information relating to that program

in the report submitted in the previous year and in the report

submitted in the first year in which that program was covered.

''SEC. 235. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN

INTERNATIONAL AGREEMENT CONCERNING THEATER MISSILE DEFENSE

SYSTEMS.

''(a) Findings. - (1) Congress hereby reaffirms -

''(A) the finding in (former) section 234(a)(7) of the National

Defense Authorization Act for Fiscal Year 1994 (Public Law

103-160; 107 Stat. 1595; 10 U.S.C. 2431 note) that the ABM Treaty

was not intended to, and does not, apply to or limit research,

development, testing, or deployment of missile defense systems,

system upgrades, or system components that are designed to

counter modern theater ballistic missiles, regardless of the

capabilities of such missiles, unless those systems, system

upgrades, or system components are tested against or have

demonstrated capabilities to counter modern strategic ballistic

missiles; and

''(B) the statement in section 232 of the National Defense

Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108

Stat. 2700) that the United States shall not be bound by any

international agreement entered into by the President that would

substantively modify the ABM Treaty unless the agreement is

entered into pursuant to the treaty making power of the President

under the Constitution.

''(2) Congress also finds that the demarcation standard described

in subsection (b)(1) for compliance of a missile defense system,

system upgrade, or system component with the ABM Treaty is based

upon current technology.

''(b) Sense of Congress Concerning Compliance Policy. - It is the

sense of Congress that -

''(1) unless a missile defense system, system upgrade, or

system component (including one that exploits data from

space-based or other external sensors) is flight tested in an

ABM-qualifying flight test (as defined in subsection (e)), that

system, system upgrade, or system component has not, for purposes

of the ABM Treaty, been tested in an ABM mode nor been given

capabilities to counter strategic ballistic missiles and,

therefore, is not subject to any application, limitation, or

obligation under the ABM Treaty; and

''(2) any international agreement that would limit the

research, development, testing, or deployment of missile defense

systems, system upgrades, or system components that are designed

to counter modern theater ballistic missiles in a manner that

would be more restrictive than the compliance criteria specified

in paragraph (1) should be entered into only pursuant to the

treaty making powers of the President under the Constitution.

''(c) Prohibition on Funding. - Funds appropriated or otherwise

made available to the Department of Defense for fiscal year 1996

may not be obligated or expended to implement an agreement, or any

understanding with respect to interpretation of the ABM Treaty,

between the United States and any of the independent states of the

former Soviet Union entered into after January 1, 1995, that -

''(1) would establish a demarcation between theater missile

defense systems and anti-ballistic missile systems for purposes

of the ABM Treaty; or

''(2) would restrict the performance, operation, or deployment

of United States theater missile defense systems.

''(d) Exceptions. - Subsection (c) does not apply -

''(1) to the extent provided by law in an Act enacted after

this Act (Pub. L. 104-106, enacted Feb. 10, 1996);

''(2) to expenditures to implement that portion of any such

agreement or understanding that implements the policy set forth

in subsection (b)(1); or

''(3) to expenditures to implement any such agreement or

understanding that is approved as a treaty or by law.

''(e) ABM-Qualifying Flight Test Defined. - For purposes of this

section, an ABM-qualifying flight test is a flight test against a

ballistic missile which, in that flight test, exceeds (1) a range

of 3,500 kilometers, or (2) a velocity of 5 kilometers per second.

''SEC. 236. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.

''It is in the interest of the United States to develop its own

missile defense capabilities in a manner that will permit the

United States to complement the missile defense capabilities

developed and deployed by its allies and possible coalition

partners. Therefore, the Congress urges the President -

''(1) to pursue high-level discussions with allies of the

United States and selected other states on the means and methods

by which the parties on a bilateral basis can cooperate in the

development, deployment, and operation of ballistic missile

defenses;

''(2) to take the initiative within the North Atlantic Treaty

Organization to develop consensus in the Alliance for a timely

deployment of effective ballistic missile defenses by the

Alliance; and

''(3) in the interim, to seek agreement with allies of the

United States and selected other states on steps the parties

should take, consistent with their national interests, to reduce

the risks posed by the threat of limited ballistic missile

attacks, such steps to include -

''(A) the sharing of early warning information derived from

sensors deployed by the United States and other states;

''(B) the exchange on a reciprocal basis of technical data

and technology to support both joint development programs and

the sale and purchase of missile defense systems and

components; and

''(C) operational level planning to exploit current missile

defense capabilities and to help define future requirements.

''SEC. 237. ABM TREATY DEFINED.

''For purposes of this subtitle, the term 'ABM Treaty' means the

Treaty Between the United States of America and the Union of Soviet

Socialist Republics on the Limitation of Anti-Ballistic Missile

Systems, and signed at Moscow on May 26, 1972, and includes the

Protocols to that Treaty, signed at Moscow on July 3, 1974.

''SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991.

''The Missile Defense Act of 1991 (Pub. L. 102-190, div. A,

title II, part C) (10 U.S.C. 2431 note) is repealed.''

COMPLIANCE OF BALLISTIC MISSILE DEFENSE SYSTEMS AND COMPONENTS WITH

ABM TREATY

Pub. L. 103-337, div. A, title II, Sec. 231, Oct. 5, 1994, 108

Stat. 2699, provided that:

''(a) General Limitation. - Funds appropriated to the Department

of Defense for fiscal year 1995, or otherwise made available to the

Department of Defense from any funds appropriated for fiscal year

1995 or for any fiscal year before 1995, may not be obligated or

expended -

''(1) for any development or testing of anti-ballistic missile

systems or components except for development and testing

consistent with the interpretation of the ABM Treaty set forth in

the enclosure to the July 13, 1993, ACDA letter; or

''(2) for the acquisition of any material or equipment

(including long lead materials, components, piece parts, or test

equipment, or any modified space launch vehicle) required or to

be used for the development or testing of anti-ballistic missile

systems or components, except for material or equipment required

for development or testing consistent with the interpretation of

the ABM Treaty set forth in the enclosure to the July 13, 1993,

ACDA letter.

''(b) Limitation Relating to Brilliant Eyes. - Of the funds

appropriated pursuant to the authorizations of appropriations in

section 201 (108 Stat. 2690) that are made available for the

space-based, midcourse missile tracking system known as the

Brilliant Eyes program, not more than $80,000,000 may be obligated

until the Secretary of Defense submits to the appropriate

congressional committees a report on the compliance of that program

with the ABM Treaty, as determined under the compliance review

conducted pursuant to subsection (c).

''(c) Compliance Review for Brilliant Eyes. - The Secretary of

Defense shall review the Brilliant Eyes program to determine

whether, and under what conditions, the development, testing, and

deployment of the Brilliant Eyes missile tracking system in

conjunction with a theater ballistic missile defense system, with a

limited national missile defense system, and with both such

systems, would be in compliance with the ABM Treaty, including the

interpretation of that treaty set forth in the enclosure to the

July 13, 1993, ACDA letter.

''(d) Compliance Review for Navy Upper Tier System. - (1) The

Secretary of Defense shall review the theater ballistic missile

program known as the Navy Upper Tier program to determine whether

the development, testing, and deployment of the system being

developed under that program would be in compliance with the ABM

Treaty, including the interpretation of the Treaty set forth in the

enclosure to the July 13, 1993, ACDA letter.

''(2) Of the funds made available to the Department of Defense

for fiscal year 1995, not more than $40,000,000 may be obligated

for the Navy Upper Tier program before the date on which the

Secretary submits to the appropriate congressional committees a

report on the compliance of that program with the ABM Treaty, as

determined under the compliance review under paragraph (1).

''(e) Definitions. - In this section:

''(1) The term 'July 13, 1993, ACDA letter' means the letter

dated July 13, 1993, from the Acting Director of the Arms Control

and Disarmament Agency to the chairman of the Committee on

Foreign Relations of the Senate relating to the correct

interpretation of the ABM Treaty and accompanied by an enclosure

setting forth such interpretation.

''(2) The term 'ABM Treaty' means the Treaty between the United

States of America and the Union of Soviet Socialist Republics on

the Limitation of Anti-Ballistic Missiles, signed in Moscow on

May 26, 1972.

''(3) The term 'appropriate congressional committees' means -

''(A) the Committee on Armed Services, the Committee on

Foreign Affairs (now Committee on International Relations), and

the Committee on Appropriations of the House of

Representatives; and

''(B) the Committee on Armed Services, the Committee on

Foreign Relations, and the Committee on Appropriations of the

Senate.''

Pub. L. 103-160, div. A, title II, Sec. 234, Nov. 30, 1993, 107

Stat. 1595, contained findings of Congress, required compliance

review, and limited funding pending submission of report, prior to

repeal by Pub. L. 104-106, div. A, title II, Sec. 253(6), Feb. 10,

1996, 110 Stat. 235.

THEATER MISSILE DEFENSE MASTER PLAN

Pub. L. 103-160, div. A, title II, Sec. 235, Nov. 30, 1993, 107

Stat. 1598, provided that:

''(a) Integration and Compatibility. - In carrying out the

Theater Missile Defense Initiative, the Secretary of Defense shall

-

''(1) seek to maximize the use of existing systems and

technologies; and

''(2) seek to promote joint use by the military departments of

existing and future ballistic missile defense equipment (rather

than each military department developing its own systems that

would largely overlap in their capabilities).

The Secretaries of the military departments shall seek the maximum

integration and compatibility of their ballistic missile defense

systems as well as of the respective roles and missions of those

systems.

''(b) TMD Master Plan. - The Secretary of Defense shall submit to

Congress a report (which shall constitute the TMD master plan)

containing a thorough and complete analysis of the future of

theater missile defense programs. The report shall include the

following:

''(1) A description of the mission and scope of Theater Missile

Defense.

''(2) A description of the role of each of the Armed Forces in

Theater Missile Defense.

''(3) A description of how those roles interact and complement

each other.

''(4) An evaluation of the cost and relative effectiveness of

each interceptor and sensor under development as part of a

Theater Missile Defense system by the Ballistic Missile Defense

Organization (now Missile Defense Agency).

''(5) A detailed acquisition strategy which includes an

analysis and comparison of the projected acquisition and

life-cycle costs of each Theater Missile Defense system intended

for production (shown separately for research, development, test,

and evaluation, for procurement, for operation and maintenance,

and for personnel costs for each system).

''(6) Specification of the baseline production rate for each

year of the program through completion of procurement.

''(7) An estimate of the unit cost and capabilities of each

system.

''(8) A description of plans for theater and tactical missile

defense doctrine, training, tactics, and force structure.

''(c) Description of Testing Program. - The Secretary of Defense

shall include in the report under subsection (b) -

''(1) a description of the current and projected testing

program for Theater Missile Defense systems and major components;

and

''(2) an evaluation of the adequacy of the testing program to

simulate conditions similar to those the systems and components

would actually be expected to encounter if and when deployed

(such as the ability to track and engage multiple targets with

multiple interceptors, to discriminate targets from decoys and

other incoming objects, and to be employed in a shoot-look-shoot

firing mode).

''(d) Relationship to Arms Control Treaties. - The Secretary

shall include in the report under subsection (b) a statement of how

production and deployment of any projected Theater Missile Defense

program will conform to all relevant arms control agreements. The

report shall describe any potential noncompliance with any such

agreement, when such noncompliance is expected to occur, and

whether provisions need to be renegotiated within that agreement to

address future contingencies.

''(e) Submission of Report. - The report required by subsection

(b) shall be submitted as part of the next annual report of the

Secretary submitted to Congress under section 224 of Public Law

101-189 (10 U.S.C. 2431 note).

''(f) Objectives of Plan. - In preparing the master plan, the

Secretary shall -

''(1) seek to maximize the use of existing technologies (such

as SM-2, AEGIS, Patriot, and THAAD) rather than develop new

systems;

''(2) seek to maximize integration and compatibility among the

systems, roles, and missions of the military departments; and

''(3) seek to promote cross-service use of existing equipment

(such as development of Army equipment for the Marine Corps or

ground utilization of an air or sea system).

''(g) Review and Report on Deployment of Ballistic Missile

Defenses. - (1) The Secretary of Defense shall conduct an intensive

and extensive review of opportunities to streamline the weapon

systems acquisition process applicable to the development, testing,

and deployment of theater ballistic missile defenses with the

objective of reducing the cost of deployment and accelerating the

schedule for deployment without significantly increasing

programmatic risk or concurrency.

''(2) In conducting the review, the Secretary shall obtain

recommendations and advice from -

''(A) the Defense Science Board;

''(B) the faculty of the Industrial College of the Armed

Forces; and

''(C) federally funded research and development centers

supporting the Office of the Secretary of Defense.

''(3) Not later than May 1, 1994, the Secretary shall submit to

the congressional defense committees a report on the Secretary's

findings resulting from the review under paragraph (1), together

with any recommendations of the Secretary for legislation. The

Secretary shall submit the report in unclassified form, but may

submit a classified version of the report if necessary to clarify

any of the information in the findings or recommendations or any

related information. The report may be submitted as part of the

next annual report of the Secretary submitted to Congress under

section 224 of Public Law 101-189 (10 U.S.C. 2431 note).''

COOPERATION OF UNITED STATES ALLIES ON DEVELOPMENT OF TACTICAL AND

THEATER MISSILE DEFENSES

Pub. L. 103-160, div. A, title II, Sec. 242(a)-(e), Nov. 30,

1993, 107 Stat. 1603-1605, stated congressional findings, required

Secretary of Defense to develop plan to coordinate development and

implementation of Theater Missile Defense programs of United States

with theater missile defense programs of allies of United States,

specified contents of such plan, required Secretary to submit to

Congress report on such plan in both classified and unclassified

versions, required Secretary to include in each annual Theater

Missile Defense Initiative report to Congress report on actions

taken to implement such plan, specified contents of such report,

related to restriction on funds, stated sense of Congress that

whenever United States deployed theater ballistic missile defenses

to protect country that had not provided support for development of

such defenses United States was to consider seeking reimbursement

from such country to cover at least incremental cost of such

deployment, and related to congressional encouragement of allies of

United States to participate in cooperative Theater Missile Defense

programs of United States and encouragement of participation by

United States in cooperative theater missile defense efforts of

allied nations, prior to repeal by Pub. L. 104-106, div. A, title

II, Sec. 253(7), Feb. 10, 1996, 110 Stat. 235.

TRANSFER OF FOLLOW-ON TECHNOLOGY PROGRAMS

Pub. L. 103-160, div. A, title II, Sec. 243, Nov. 30, 1993, 107

Stat. 1605, as amended by Pub. L. 104-201, div. A, title X, Sec.

1073(e)(1)(E), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 107-314,

div. A, title II, Sec. 225(b)(4)(B), Dec. 2, 2002, 116 Stat. 2486,

provided that:

''(a) Management Responsibility. - Except as provided in

subsection (b), the Secretary of Defense shall provide that

management and budget responsibility for research and development

of any program, project, or activity to develop far-term follow-on

technology relating to ballistic missile defense shall be provided

through the Defense Advanced Research Projects Agency or the

appropriate military department.

''(b) Waiver Authority. - The Secretary may waive the provisions

of subsection (a) in the case of a particular program, project, or

activity if the Secretary certifies to the congressional defense

committees that it is in the national security interest of the

United States to provide management and budget responsibility for

that program, project, or activity through the Missile Defense

Agency.

''(c) Report Required. - As a part of the report required by

section 231(e) (107 Stat. 1593), the Secretary shall submit to the

congressional defense committees a report identifying -

''(1) each program, project, and activity with respect to which

the Secretary has transferred management and budget

responsibility from the Missile Defense Agency in accordance with

subsection (a);

''(2) the agency or military department to which each such

transfer was made; and

''(3) the date on which each such transfer was made.

''(d) Definition. - For the purposes of this section, the term

'far-term follow-on technology' means a technology that is not

incorporated into a ballistic missile defense architecture and is

not likely to be incorporated within 15 years into a weapon system

for ballistic missile defense.

''(e) Conforming Amendment. - Section 234 of the Missile Defense

Act of 1991 (Pub. L. 102-190; 10 U.S.C. 2431 note) is repealed.''

THEATER MISSILE DEFENSE INITIATIVE

Pub. L. 102-484, div. A, title II, Sec. 231, Oct. 23, 1992, 106

Stat. 2354, provided that:

''(a) Establishment of Theater Missile Defense Initiative. - The

Secretary of Defense shall establish a Theater Missile Defense

Initiative office within the Department of Defense. All theater and

tactical missile defense activities of the Department of Defense

(including all programs, projects, and activities formerly

associated with the Theater Missile Defense program element of the

Strategic Defense Initiative) shall be carried out under the

Theater Missile Defense Initiative.

''(b) Funding for Fiscal Year 1993. - Of the amounts appropriated

pursuant to section 201 (106 Stat. 2349) or otherwise made

available to the Department of Defense for research, development,

test, and evaluation for fiscal year 1993, not more than

$935,000,000 may be obligated for activities of the Theater Missile

Defense Initiative, of which not less than $90,000,000 shall be

made available for exploration of promising concepts for naval

theater missile defense.

''(c) Report. - When the President's budget for fiscal year 1994

is submitted to Congress pursuant to section 1105 of title 31,

United States Code, the Secretary of Defense shall submit to the

congressional defense committees a report -

''(1) setting forth the proposed allocation by the Secretary of

funds for the Theater Missile Defense Initiative for fiscal year

1994, shown for each program, project, and activity;

''(2) describing an updated master plan for the Theater Missile

Defense Initiative that includes (A) a detailed consideration of

plans for theater and tactical missile defense doctrine,

training, tactics, and force structure, and (B) a detailed

acquisition strategy which includes a consideration of

acquisition and life-cycle costs through the year 2005 for the

programs, projects, and activities associated with the Theater

Missile Defense Initiative;

''(3) assessing the possible near-term contribution and

cost-effectiveness for theater missile defense of exoatmospheric

capabilities, to include at a minimum a consideration of -

''(A) the use of the Navy's Standard missile combined with a

kick stage rocket motor and lightweight exoatmospheric

projectile (LEAP); and

''(B) the use of the Patriot missile combined with a kick

stage rocket motor and LEAP.

''(d) Effective Date. - The provisions of subsections (a), (b),

and (c) shall be implemented not later than 90 days after the date

of the enactment of this Act (Oct. 23, 1992).''

MISSILE DEFENSE PROGRAM

Pub. L. 102-190, div. A, title II, part C, Dec. 5, 1991, 105

Stat. 1321, as amended by Pub. L. 102-484, div. A, title II, Sec.

234(a)-(d)(1), (e), (f), title X, Sec. 1053(1), (2), Oct. 23, 1992,

106 Stat. 2356, 2357, 2501; Pub. L. 103-35, title II, Sec.

202(a)(2), 203(b)(1), May 31, 1993, 107 Stat. 101, 102; Pub. L.

103-160, div. A, title II, Sec. 232, 243(e), Nov. 30, 1993, 107

Stat. 1593, 1606; Pub. L. 103-337, div. A, title II, Sec. 233,

Oct. 5, 1994, 108 Stat. 2700, specified that such provisions could

be cited as the ''Missile Defense Act of 1991'', and related to

missile defense goal of United States, implementation of goal,

review of follow-on deployment options, definition of term ''ABM

Treaty'', and interpretation of such provisions, prior to repeal by

Pub. L. 104-106, div. A, title II, Sec. 238, Feb. 10, 1996, 110

Stat. 233.

Similar provisions were contained in the following prior

authorization act:

Pub. L. 101-510, div. A, title II, Sec. 221, Nov. 5, 1990, 104

Stat. 1511.

STRETCHOUT OF MAJOR DEFENSE ACQUISITION PROGRAMS

Pub. L. 100-456, div. A, title I, Sec. 117, 102 Stat. 1933, as

amended by Pub. L. 104-106, div. D, title XLIII, Sec. 4321(i)(3),

Feb. 10, 1996, 110 Stat. 676, required Secretary of Defense to

submit a stretchout impact statement for certain major defense

acquisition programs at same time the budget for any fiscal year is

submitted to Congress and to submit to Committees on Armed Services

of Senate and House of Representatives, no later than Mar. 15,

1989, a report on feasibility and effect of establishing maximum

production rates by December 1990 for certain major defense

acquisition programs, prior to repeal by Pub. L. 105-85, div. A,

title X, Sec. 1041(c), Nov. 18, 1997, 111 Stat. 1885.

PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES

Section 222 of Pub. L. 100-180 provided that:

''(a) SDI Contracts With Foreign Entities. - Funds appropriated

to or for the use of the Department of Defense may not be used for

the purpose of entering into or carrying out any contract with a

foreign government or a foreign firm if the contract provides for

the conduct of research, development, test, or evaluation in

connection with the Strategic Defense Initiative program.

''(b) Temporary Suspension of Prohibition Upon Certification of

the Secretary of Defense. - The prohibition in subsection (a) shall

not apply to a contract in any fiscal year if the Secretary of

Defense certifies to Congress in writing at any time during such

fiscal year that the research, development, testing, or evaluation

to be performed under such contract cannot be competently performed

by a United States firm at a price equal to or less than the price

at which the research, development, testing, or evaluation would be

performed by a foreign firm.

''(c) Exceptions for Certain Contracts. - The prohibition in

subsection (a) shall not apply to a contract awarded to a foreign

government or foreign firm if -

''(1) the contract is to be performed within the United States;

''(2) the contract is exclusively for research, development,

test, or evaluation in connection with antitactical ballistic

missile systems; or

''(3) that foreign government or foreign firm agrees to share a

substantial portion of the total contract cost.

''(d) Definitions. - In this section:

''(1) The term 'foreign firm' means a business entity owned or

controlled by one or more foreign nationals or a business entity

in which more than 50 percent of the stock is owned or controlled

by one or more foreign nationals.

''(2) The term 'United States firm' means a business entity

other than a foreign firm.

''(e) Transition. - The prohibition in subsection (a) shall not

apply to a contract entered into before the date of the enactment

of this Act (Dec. 4, 1987).''

LIMITATION ON TRANSFER OF CERTAIN MILITARY TECHNOLOGY TO

INDEPENDENT STATES OF FORMER SOVIET UNION

Section 223 of Pub. L. 100-180, as amended by Pub. L. 103-199,

title II, Sec. 203(a)(1), Dec. 17, 1993, 107 Stat. 2321, provided

that: ''Military technology developed with funds appropriated or

otherwise made available for the Ballistic Missile Defense Program

may not be transferred (or made available for transfer) to Russia

or any other independent state of the former Soviet Union by the

United States (or with the consent of the United States) unless the

President determines, and certifies to the Congress at least 15

days prior to any such transfer, that such transfer is in the

national interest of the United States and is to be made for the

purpose of maintaining peace.''

SDI ARCHITECTURE TO REQUIRE HUMAN DECISION MAKING

Section 224 of Pub. L. 100-180 provided that: ''No agency of the

Federal Government may plan for, fund, or otherwise support the

development of command and control systems for strategic defense in

the boost or post-boost phase against ballistic missile threats

that would permit such strategic defenses to initiate the directing

of damaging or lethal fire except by affirmative human decision at

an appropriate level of authority.''

PROHIBITION ON DEPLOYMENT OF ANTI-BALLISTIC MISSILE SYSTEM UNLESS

AUTHORIZED BY LAW

Section 226 of Pub. L. 100-180 prohibited Secretary of Defense

from deploying anti-ballistic missile system unless such deployment

was specifically authorized by law after Dec. 4, 1987, prior to

repeal by Pub. L. 104-106, div. A, title II, Sec. 253(3), Feb. 10,

1996, 110 Stat. 234.

ESTABLISHMENT OF FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER

TO SUPPORT SDI PROGRAM

Section 227 of Pub. L. 100-180 provided that:

''(a) Findings. - The Congress makes the following findings:

''(1) The Department of Defense requires technical support for

issues of system integration related to the Strategic Defense

Initiative program.

''(2) The Strategic Defense Initiative Organization, after

assessing alternative types of organizations for the provision of

such technical support to the Strategic Defense Initiative

program (including Government organizations, profit and nonprofit

entities (including existing federally funded research and

development centers), a new division within an existing federally

funded research and development center, a new federally funded

research and development center, colleges and universities, and

private nonprofit laboratories), determined that a new federally

funded research and development center (hereinafter in this

section referred to as an 'FFRDC') would be the type of

organization most appropriate for the provision of such technical

support to the Strategic Defense Initiative program.

''(3) In providing such technical support to the SDI program,

the new FFRDC should provide critical evaluation and rigorous and

objective analysis of technologies, systems, and architectures

that are candidates for use in the SDI program.

''(4) Competitive selection of a contractor to establish and

operate such an FFRDC to support the Strategic Defense Initiative

program is one way to enhance the prospects for independent and

objective evaluation of system integration issues within the

Strategic Defense Initiative program.

''(b) Authority To Contract for FFRDC. - The Secretary of

Defense, using funds appropriated to the Department of Defense for

the Strategic Defense Initiative program, may enter into a contract

to provide for the establishment and operation of a federally

funded research and development center to provide independent and

objective technical support to the Strategic Defense Initiative

program. Such a contract may not be awarded before October 1,

1989.

''(c) Contract Award Requirements. - (1) A contract under

subsection (b) shall be awarded using competitive procedures which

emphasize cost considerations.

''(2) The Secretary of Defense shall solicit proposals for such

contract from existing federally funded research and development

centers, from universities, from commercial entities, and from

appropriate new organizations and shall make maximum efforts to

obtain more than one proposal for such contract.

''(3) The Secretary shall submit the three best contract

proposals (as determined by the Secretary), together with a copy of

the proposed sponsoring agreement for the new FFRDC, for review by

three persons designated by the Defense Science Board from a list

of six or more persons submitted by the National Academy of

Sciences. The persons performing the review -

''(A) shall evaluate the extent to which each proposal and the

proposed sponsoring agreement would foster competent and

objective technical advice for the Strategic Defense Initiative

Program; and

''(B) shall report their evaluation of each such proposal and

of the proposed sponsoring agreement to the Secretary.

''(4) Before awarding a contract under subsection (b), and not

sooner than March 30, 1989, the Secretary shall submit to Congress

-

''(A) a copy of the proposed final contract; and

''(B) a copy of the proposed final sponsoring agreement

relating to the operation of the new FFRDC.

''(5)(A) The Secretary shall then withhold the award of such

contract and the approval of such sponsoring agreement for a period

of at least 30 days of continuous session of Congress beginning on

the day after the date on which Congress receives the copies

referred to in paragraph (4).

''(B) For purposes of subparagraph (A), the continuity of a

session of Congress is broken only by an adjournment sine die at

the end of the second regular session of that Congress. In

computing the 30-day period for such purposes, days on which either

House of Congress is not in session because of an adjournment of

more than three days to a day certain shall be excluded.

''(d) Requirements Applicable to FFRDC. - The Secretary of

Defense shall -

''(1) require that the contract referred to in subsection (b)

include a provision stating that no officer or employee of the

Department of Defense shall have the authority to veto the

employment of any person selected to serve as an officer or

employee of the new FFRDC;

''(2) require that at least 5 percent of the total amount of

funds available for the new FFRDC shall be set aside for

independent research to be performed by the staff of the new

FFRDC under the direction of the chief executive officer of the

new FFRDC;

''(3) impose a limitation on the compensation payable to each

senior executive of the new FFRDC for services performed for the

new FFRDC so that such compensation shall be comparable to the

amount of compensation payable to senior executives of comparable

federally funded research and development centers for similar

services;

''(4) require that the new FFRDC publicly disclose the salary

of its chief executive officer;

''(5) prohibit current or former members of the Strategic

Defense Initiative Advisory Committee from serving as members of

the Board of Trustees of the FFRDC if such members constitute 10

or more percent of the Board of Trustees or from serving as

officers of the new FFRDC;

''(6) require that the contract referred to in subsection (b)

include a provision prohibiting members of such Board of Trustees

from serving as officers of the new FFRDC, except that a Board

member may serve as the President of the new FFRDC if the Board

is comprised of 10 or more members;

''(7) require that the contract referred to in subsection (b)

include a provision prohibiting the new FFRDC from employing any

person who, as a Federal employee or member of the Armed Forces,

served in the Strategic Defense Initiative Organization within

two years before the date on which such person is to be employed

by the new FFRDC; and

''(8) require that any contract referred to in subsection (b)

require that the Board of Trustees of the new FFRDC be comprised

of individuals who represent a reasonable cross-section of views

on the engineering and scientific issues associated with the

Strategic Defense Initiative Program.

''(e) Funding. - The Secretary of Defense shall provide that all

funds for the new FFRDC within the Department of Defense budget for

any fiscal year shall be separately identified and set forth in the

budget presentation materials submitted to Congress for that fiscal

year.

''(f) Sunset Provision. - No Federal funds may be provided to the

new FFRDC after the end of the five-year period beginning on the

date of the award of the first contract awarded to the FFRDC under

this section.''

LIMITATION ON ESTABLISHMENT OF FEDERALLY FUNDED RESEARCH AND

DEVELOPMENT CENTER FOR STRATEGIC DEFENSE INITIATIVE PROGRAM

Pub. L. 99-661, div. A, title II, Sec. 213, Nov. 14, 1986, 100

Stat. 3841, provided that:

''(a) Limitation. - The Secretary of Defense may not obligate or

expend any funds for the purpose of operating a Federally funded

research and development center that is established for the support

of the Strategic Defense Initiative Program after the date of the

enactment of this Act (Nov. 14, 1986) unless -

''(1) the Secretary submits to the Committees on Armed Services

of the Senate and House of Representatives a report with respect

to such proposed center that provides the information described

in subsection (b); and

''(2) funds are specifically authorized to be appropriated for

such purpose after the date of the enactment of this Act in an

Act other than -

''(A) an appropriations Act; or

''(B) a continuing resolution.

''(b) Content of Report. - A report submitted under subsection

(a)(1) with respect to a proposed center shall include a discussion

of -

''(1) the ability of existing Federally funded research and

development centers, Federal research laboratories, and private

contractors to perform the objectives of technological

integration and evaluation required by the Strategic Defense

Initiative Organization;

''(2) the comparative cost of having the proposed work

performed by -

''(A) the Strategic Defense Initiative Organization;

''(B) Federally funded research and development centers in

existence on the date of the enactment of this Act (Nov. 14,

1986);

''(C) by Federal research laboratories;

''(D) by private contractors; or

''(E) by such center;

''(3) whether such center is intended to be -

''(A) primarily a study and analysis center; or

''(B) primarily a system engineering/system integration

center;

''(4) whether such center will be required or authorized to

enter into contracts under which research projects would be

performed by other Federally funded research and development

centers, Federal research laboratories, or private contractors;

''(5) whether the contract to operate such center will be

awarded on a competitive basis;

''(6) whether proposals with respect to the operation of such

center -

''(A) will be considered by the appropriate Defense Agency;

and

''(B) will be subjected to review by persons to be elected by

the National Academy of Sciences;

''(7) whether such center will be designed to prevent even the

possibility of an appearance of a conflict of interest -

''(A) by prohibiting any officer, employee, or member of the

governing body of such center from holding any position with -

''(i) the Strategic Defense Initiative Organization; or

''(ii) a private contractor that has a substantial interest

in the development of the Strategic Defense Initiative; and

''(B) by prohibiting more than one-half of the members of the

governing body of the proposed Federally Funded Research Center

from simultaneously holding any position with the Strategic

Defense Initiative Advisory Committee or any similar body which

provides technological, scientific, or strategic advice to the

Department of Defense about the Strategic Defense Initiative;

''(8) whether other actions will be taken to avoid possible

conflict of interest situations within such center;

''(9) the role of the Department of Defense in -

''(A) the selection of the staff of such center; and

''(B) the internal organization of such center; and

''(10) whether a prescribed minimum percentage of the annual

budget of such center will be set aside for research to be

conducted independently of the Department of Defense.

''(c) Comptroller General Report. - The Comptroller General of

the United States shall also submit a report to Congress providing

an analysis of the items in subsection (b) as appropriate.''

SHOULD-COST ANALYSES

Pub. L. 99-145, title IX, Sec. 915, Nov. 8, 1985, 99 Stat. 688,

as amended by Pub. L. 100-26, Sec. 11(a)(2), Apr. 21, 1987, 101

Stat. 288, required Secretary of Defense to submit to Congress an

annual report setting forth Secretary's plan for performance during

next fiscal year of cost analyses for major defense acquisition

programs for purpose of determining how much production of covered

systems under such programs should cost, prior to repeal by Pub. L.

101-510, div. A, title XIII, Sec. 1322(d)(2), Nov. 5, 1990, 104

Stat. 1672.

REQUIREMENT FOR SPECIFIC AUTHORIZATION FOR DEPLOYMENT OF STRATEGIC

DEFENSE INITIATIVE SYSTEM

Pub. L. 99-145, title II, Sec. 222, Nov. 8, 1985, 99 Stat. 613,

provided that strategic defense system developed as consequence of

research, development, test, and evaluation conducted on Strategic

Defense Initiative program could not be deployed in whole or in

part unless President made a certain determination and

certification to Congress and funding for deployment of such system

was specifically authorized by legislation enacted after date of

certification, prior to repeal by Pub. L. 104-106, div. A, title

II, Sec. 253(1), Feb. 10, 1996, 110 Stat. 234.

ANNUAL REPORT ON BALLISTIC MISSILE DEFENSE PROGRAM

Pub. L. 101-189, div. A, title II, Sec. 224, Nov. 29, 1989, 103

Stat. 1398, as amended by Pub. L. 103-160, div. A, title II, Sec.

240, Nov. 30, 1993, 107 Stat. 1603; Pub. L. 104-201, div. A, title

II, Sec. 244, Sept. 23, 1996, 110 Stat. 2463, provided that not

later than March 15 of each year, the Secretary of Defense was to

transmit to Congress a report on the programs and projects that

constitute the Ballistic Missile Defense program and on any other

program or project relating to defense against ballistic missiles,

prior to repeal by Pub. L. 106-65, div. A, title X, Sec.

1032(b)(1), Oct. 5, 1999, 113 Stat. 751.

Pub. L. 100-180, div. A, title II, Sec. 231(a), Dec. 4, 1987,

101 Stat. 1059, provided that not later than Mar. 15, 1988 and Mar.

15, 1989, the Secretary of Defense was to transmit to Congress a

report on the programs that constitute the Strategic Defense

Initiative and on any other program relating to defense against

ballistic missiles.

Pub. L. 98-525, title XI, Sec. 1102, Oct. 19, 1984, 98 Stat.

2580, required Secretary of Defense, at time of his annual budget

presentation to Congress beginning with fiscal year 1986 and ending

with fiscal year 1990, to transmit to Committees on Armed Services

and Foreign Affairs of House of Representatives and Committees on

Armed Services and Foreign Relations of Senate, a detailed report

on programs that constitute SDI, prior to repeal by Pub. L.

100-180, div. A, title II, Sec. 231(b), Dec. 4, 1987, 101 Stat.

1060.

PLANS FOR MANAGEMENT OF TECHNICAL DATA AND COMPUTER CAPABILITY

IMPROVEMENTS

Section 1252 of Pub. L. 98-525 directed Secretary of Defense, not

later than one year after Oct. 19, 1984, to develop a plan for an

improved system for the management of technical data relating to

any major system of the Department of Defense and, not later than 5

years after Oct. 19, 1984, to complete implementation of the

management plan, directed Comptroller General, not later than 18

months after Oct. 19, 1984, to transmit to Congress a report

evaluating the plan developed, and directed Secretary of Defense,

not later than 180 days after Oct. 19, 1984, to transmit to

Congress a plan to improve substantially the computer capability of

each of the military departments and of the Defense Logistics

Agency to store and access rapidly data that is needed for the

efficient procurement of supplies.

CONSULTATION WITH ALLIES ON STRATEGIC DEFENSE INITIATIVE PROGRAM

Pub. L. 98-473, title I, Sec. 101(h) (title VIII, Sec. 8104),

Oct. 12, 1984, 98 Stat. 1904, 1942, provided that: ''It is the

sense of the Congress that - (a) the President shall inform and

make every effort to consult with other member nations of the North

Atlantic Treaty Organization, Japan, and other appropriate allies

concerning the research being conducted in the Strategic Defense

Initiative program. (b) The Secretary of Defense, in coordination

with the Secretary of State and the Director of the Arms Control

and Disarmament Agency, shall at the time of the submission of the

annual budget presentation materials for each fiscal year beginning

after September 30, 1984, report to the Committees on

Appropriations, Armed Services, and Foreign Relations of the Senate

and the Committees on Appropriations, Armed Services, and Foreign

Affairs (now International Relations) of the House of

Representatives on the status of the consultations referred to

under subsection (a).''

(For abolition, transfer of functions, and treatment of

references to United States Arms Control and Disarmament Agency,

see section 6511 et seq. of Title 22, Foreign Relations and

Intercourse.)

ANTISATELLITE WEAPONS TEST

Pub. L. 100-180, div. A, title II, Sec. 208, Dec. 4, 1986, 101

Stat. 1048, provided that:

''(a) Testing Moratorium. - The Secretary of Defense may not

carry out a test of the Space Defense System (antisatellite weapon)

involving the F-15 launched miniature homing vehicle against an

object in space until the President certifies to Congress that the

Soviet Union has conducted, after the date of the enactment of this

Act (Dec. 4, 1987), a test against an object in space of a

dedicated antisatellite weapon.

''(b) Expiration. - The prohibition in subsection (a) expires on

October 1, 1988.''

Pub. L. 99-661, div. A, title II, Sec. 231, Nov. 14, 1986, 100

Stat. 3847, provided that:

''(a) ASAT Testing Moratorium. - The Secretary of Defense may not

carry out a test of the Space Defense System (anti-satellite

weapon) against an object in space until the President certifies to

Congress that the Soviet Union has conducted, after the date of the

enactment of this Act (Nov. 14, 1986), a test against an object in

space of a dedicated anti-satellite weapon.

''(b) Expiration. - The prohibition in subsection (a) expires on

October 1, 1987.''

Similar provisions were contained in the following prior acts:

Pub. L. 99-500, Sec. 101(c) (title XI, Sec. 1101), Oct. 18, 1986,

100 Stat. 1783-82, 1783-177, and Pub. L. 99-591, Sec. 101(c) (title

XI, Sec. 1101), Oct. 30, 1986, 100 Stat. 3341-82, 3341-177.

Pub. L. 99-190, Sec. 101(b) (title VIII, Sec. 8097), Dec. 19,

1985, 99 Stat. 1185, 1219.

Pub. L. 99-145, title II, Sec. 208(a), (b), Nov. 8, 1985, 99

Stat. 610, provided that:

''(a) Requirement Regarding the Use of Funds. - None of the funds

appropriated pursuant to an authorization in this or any other Act

may be obligated or expended to test against an object in space the

miniature homing vehicle (MHV) anti-satellite warhead launched from

an F-15 aircraft unless the President has made a determination and

a certification to the Congress as provided in section 8100 of the

Department of Defense Appropriations Act, 1985 (set out as a note

below) (as contained in section 101(h) of Public Law 98-473 (98

Stat. 1941)).

''(b) Limitation on Number of Tests. - Not more than three tests

described in subsection (a) may be conducted before October 1,

1986.''

Pub. L. 98-473, title I, Sec. 101(h) (title VIII, Sec. 8100),

Oct. 12, 1984, 98 Stat. 1904, 1941, provided that:

''(a) Notwithstanding any other provision of law, none of the

funds appropriated or made available in this or any other Act may

be obligated or expended to test against an object in space the

miniature homing vehicle (MHV) anti-satellite warhead launched from

an F-15 aircraft unless the President determines and certifies to

Congress -

''(1) that the United States is endeavoring, in good faith, to

negotiate with the Soviet Union a mutual and verifiable agreement

with the strictest possible limitations on anti-satellite weapons

consistent with the national security interests of the United

States;

''(2) that, pending agreement on such strict limitations,

testing against objects in space of the F-15 launched miniature

homing vehicle anti-satellite warhead by the United States is

necessary to avert clear and irrevocable harm to the national

security;

''(3) that such testing would not constitute an irreversible

step that would gravely impair prospects for negotiations on

anti-satellite weapons; and

''(4) that such testing is fully consistent with the rights and

obligations of the United States under the Anti-Ballistic Missile

Treaty of 1972 as those rights and obligations exist at the time

of such testing.

''(b) During fiscal year 1985, funds appropriated for the purpose

of testing the F-15 launched miniature homing vehicle

anti-satellite warhead may not be used to conduct more than three

tests of that warhead against objects in space.

''(c) The limitation on the expenditure of funds provided by

subsection (a) of this section shall cease to apply fifteen

calendar days after the date of the receipt by Congress of the

certification referred to in subsection (a) or March 1, 1985,

whichever occurs later.''

Similar provisions were contained in the following prior

authorization act:

Pub. L. 98-94, title XI, Sec. 1235, Sept. 24, 1983, 97 Stat. 695;

as amended by Pub. L. 98-525, title II, Sec. 205, Oct. 19, 1984, 98

Stat. 2509.

EAST COAST TRIDENT BASE AND MX MISSILE SYSTEM SITES; USE OF FUNDS

APPROPRIATED TO DEPARTMENT OF DEFENSE; ASSISTANCE TO NEARBY

COMMUNITIES TO HELP MEET COSTS OF INCREASED MUNICIPAL SERVICES

Pub. L. 96-418, title VIII, Sec. 802, Oct. 10, 1980, 94 Stat.

1775, as amended by Pub. L. 97-99, title IX, Sec. 904(b), Dec. 23,

1981, 95 Stat. 1382; Pub. L. 98-115, title VIII, Sec. 805, Oct. 11,

1983, 97 Stat. 785; Pub. L. 101-510, div. A, title XIII, Sec.

1322(f), Nov. 5, 1990, 104 Stat. 1672, provided that:

''(a) The Secretary of Defense (hereinafter in this section

referred to as the 'Secretary') may assist communities located near

MX Missile System sites and communities located near the East Coast

Trident Base, and the States in which such communities are located,

in meeting the costs of providing increased municipal services and

facilities to the residents of such communities, if the Secretary

determines that there is an immediate and substantial increase in

the need for such services and facilities in such communities as a

direct result of work being carried out in connection with the

construction, installation, or operation of the MX Missile System

or the East Coast Trident Base, as the case may be, and that an

unfair and excessive financial burden will be incurred by such

communities, or the States in which such communities are located,

as a result of such increased need for such services and

facilities.

''(b)(1) Whenever possible, the Secretary shall carry out the

program of assistance authorized under this section through

existing Federal programs. In carrying out such program of

assistance, the Secretary may -

''(A) supplement funds made available under existing Federal

programs through a direct transfer of funds from the Secretary to

the department or agency concerned in such amounts as the

Secretary considers necessary;

''(B) provide financial assistance to communities described in

subsection (a) to help such communities pay their share of the

costs under such programs;

''(C) guarantee State or municipal indebtedness, and make

interest payments, in whole or in part, for State or municipal

indebtedness, for improved public facilities related to the MX

Missile System site or the East Coast Trident Base, as the case

may be; and

''(D) make direct grants to or on behalf of communities

described in subsection (a) in cases in which Federal programs

(or funds for such programs) do not exist or are not sufficient

to meet the costs of providing increased municipal services and

facilities to the residents of such communities.

''(2) The head of each department and agency shall cooperate

fully with the Secretary in carrying out the provisions of this

section on a priority basis.

''(3) Notwithstanding any other provision of law, the Secretary,

in cooperation with the heads of other departments and agencies of

the Federal Government, may provide assistance under this section

in anticipation of the work to be carried out in connection with

the MX Missile System sites or the East Coast Trident Base, as the

case may be.

''(c) In determining the amount of financial assistance to be

made available under this section to any local community for any

community service or facility, the Secretary shall consult with the

head of the department or agency concerned with the type of service

or facility for which financial assistance is being made available

and shall take into consideration -

''(1) the time lag between the initial impact of increased

population in any such community and any increase in the local

tax base which will result from such increased population;

''(2) the possible temporary nature of the increased population

and the long-range cost impact on the permanent residents of any

such community;

''(3) the initial capitalization required for municipal sewer

and water systems;

''(4) the initial operating cost for upgrading municipal

services; and

''(5) such other pertinent factors as the Secretary considers

appropriate.

''(d) Funds appropriated to the Department of Defense for

carrying out the MX Missile System deployment program and the East

Coast Trident Base may, to the extent specifically authorized in

Military Construction Authorization Acts, be used by the Secretary

to provide assistance under this section.''

MX MISSILE AND BASING MODE

Pub. L. 96-342, title II, Sec. 202, Sept. 8, 1980, 94 Stat. 1079,

provided that:

''(a) The Congress finds that a survivable land-based

intercontinental ballistic missile (ICBM) system is vital to the

security of the United States and to a stable strategic balance

between the United States and the Soviet Union and that timely

deployment of a new basing mode is essential to the survivability

of this Nation's land-based intercontinental ballistic missiles.

It is, therefore, the purpose of this section to commit the

Congress to the development and deployment of the MX missile

system, consisting of 200 missiles and 4,600 hardened shelters, and

to insure that deployment of the entire MX system is carried out as

soon as practicable.

''(b) The Secretary of Defense shall proceed immediately with the

full-scale engineering development of the MX missile and a Multiple

Protective Structure (MPS) basing mode and shall continue such

development in a manner that will achieve an Initial Operational

Capability of such missile and basing mode not later than December

31, 1986.

''(c) Notwithstanding any other provision of law, the initial

phase of construction shall be limited to 2,300 protective shelters

for the MX missile in the initial deployment area.

''(d) In accordance with the finding of the Congress expressed in

subsection (a), a full system of at least 4,600 protective shelters

may be deployed in the initial deployment area if, after completion

of a study to be conducted by the Secretary of Defense of an

alternate site for a portion of the system, it is determined by the

Congress that adverse cost, military considerations, or other

reasons preclude split basing.''

DEVELOPMENT OF MX MISSILE SYSTEM

Pub. L. 96-29, title II, Sec. 202, June 27, 1979, 93 Stat. 79,

provided that:

''(a) It is the sense of the Congress that maintaining a

survivable land-based intercontinental ballistic missile system is

vital to the security of the United States and that development of

a new basing mode for land-based intercontinental ballistic

missiles is necessary to assure the survivability of the land-based

system. To this end, the development of the MX missile, together

with a new basing mode for such missile, should proceed so as to

achieve Initial Operational Capability (IOC) for both such missile

and such basing mode at the earliest practicable date.

''(b) In addition, it is the sense of the Congress that the

basing mode for the MX missile should be restricted to location on

the least productive land available that is suitable for such

purpose.

''(c) In accordance with the sense of Congress expressed in

subsection (a), the Secretary of Defense shall proceed immediately

with full scale engineering development of the missile basing mode

known as the Multiple Protective Structure (MPS) system

concurrently with full scale engineering development of the MX

missile, unless and until the Secretary of Defense certifies to the

Congress that an alternative basing mode is militarily or

technologically superior to, and is more cost effective than, the

MPS system or the President informs the Congress that in his view

the MPS system is not consistent with United States national

security interests.

''(d) Nothing in this section shall be construed to prohibit or

restrict the study of alternative basing modes for land-based

intercontinental ballistic missiles.''

REPORTS TO CONGRESS OF ACQUISITIONS FOR MAJOR DEFENSE SYSTEMS

Section 811 of Pub. L. 94-106, as amended by Pub. L. 96-107,

title VIII, Sec. 809, Nov. 9, 1979, 93 Stat. 815; Pub. L. 97-86,

title IX, Sec. 917(e), Dec. 1, 1981, 95 Stat. 1131, which required

reports to Congress respecting acquisitions of major defense

systems, including total program acquisition unit costs, was

repealed by Pub. L. 97-252, title XI, Sec. 1107(b), Sept. 8, 1982,

96 Stat. 746, effective Jan. 1, 1983, as provided in section

1107(c) of Pub. L. 97-252, set out as an Effective Date note under

section 2432 of this title. See sections 2432 and 2433 of this

title.

TRIDENT SUPPORT SITE, BANGOR, WASHINGTON; FINANCIAL AID TO LOCAL

COMMUNITIES; REPORTS

Section 608 of Pub. L. 93-552, title VI, Dec. 27, 1974, 88 Stat.

1763, provided:

''(a) The Secretary of Defense is authorized to assist

communities located near the TRIDENT Support Site Bangor,

Washington, in meeting the costs of providing increased municipal

services and facilities to the residents of such communities, if

the Secretary determines that there is an immediate and substantial

increase in the need for such services and facilities in such

communities as a direct result of work being carried out in

connection with the construction, installation, testing, and

operation of the TRIDENT Weapon System and that an unfair and

excessive financial burden will be incurred by such communities as

a result of the increased need for such services and facilities.

''(b) The Secretary of Defense shall carry out the provisions of

this section through existing Federal programs. The Secretary is

authorized to supplement funds made available under such Federal

programs to the extent necessary to carry out the provisions of

this section, and is authorized to provide financial assistance to

communities described in subsection (a) of this section to help

such communities pay their share of the costs under such programs.

The heads of all departments and agencies concerned shall cooperate

fully with the Secretary of Defense in carrying out the provisions

of this section on a priority basis.

''(c) In determining the amount of financial assistance to be

made available under this section to any local community for any

community service or facility, the Secretary of Defense shall

consult with the head of the department or agency of the Federal

Government concerned with the type of service or facility for which

financial assistance is being made available and shall take into

consideration (1) the time lag between the initial impact of

increased population in any such community and any increase in the

local tax base which will result from such increased population,

(2) the possible temporary nature of the increased population and

the long-range cost impact on the permanent residents of any such

community, and (3) such other pertinent factors as the Secretary of

Defense deems appropriate.

''(d) Any funds appropriated to the Department of Defense for the

fiscal year beginning July 1, 1974, for carrying out the TRIDENT

Weapon System shall be utilized by the Secretary of Defense in

carrying out the provisions of this section to the extent that

funds are unavailable under other Federal programs. Funds

appropriated to the Department of Defense for any fiscal year

beginning after June 30, 1975, for carrying out the TRIDENT Weapon

System may, to the extent specifically authorized in an annual

Military Construction Authorization Act, be utilized by the

Secretary of Defense in carrying out the provision of this section

to the extent that funds are unavailable under other Federal

programs.

''(e) The Secretary shall transmit to the Committees on Armed

Services of the Senate and the House of Representatives semiannual

reports indicating the total amount expended in the case of each

local community which was provided assistance under the authority

of this section during the preceding six-month period, the specific

projects for which assistance was provided during such period, and

the total amount provided for each such project during such

period.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2432 of this title.

-CITE-

10 USC Sec. 2432 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

-HEAD-

Sec. 2432. Selected Acquisition Reports

-STATUTE-

(a) In this section:

(1) The term ''program acquisition unit cost'', with respect to

a major defense acquisition program, means the amount equal to

(A) the total cost for development and procurement of, and

system-specific military construction for, the acquisition

program, divided by (B) the number of fully-configured end items

to be produced for the acquisition program.

(2) The term ''procurement unit cost'', with respect to a major

defense acquisition program, means the amount equal to (A) the

total of all funds programmed to be available for obligation for

procurement for the program, divided by (B) the number of

fully-configured end items to be procured.

(3) The term ''major contract'', with respect to a major

defense acquisition program, means each of the six largest prime,

associate, or Government-furnished equipment contracts under the

program that is in excess of $40,000,000 and that is not a firm,

fixed price contract.

(4) The term ''full life-cycle cost'', with respect to a major

defense acquisition program, means all costs of development,

procurement, military construction, and operations and support,

without regard to funding source or management control.

(b)(1) The Secretary of Defense shall submit to Congress at the

end of each fiscal-year quarter a report on current major defense

acquisition programs. Except as provided in paragraphs (2) and

(3), each such report shall include a status report on each defense

acquisition program that at the end of such quarter is a major

defense acquisition program. Reports under this section shall be

known as Selected Acquisition Reports.

(2) A status report on a major defense acquisition program need

not be included in the Selected Acquisition Report for the second,

third, or fourth quarter of a fiscal year if such a report was

included in a previous Selected Acquisition Report for that fiscal

year and during the period since that report there has been -

(A) less than a 15 percent increase in program acquisition unit

cost and current procurement unit cost; and

(B) less than a six-month delay in any program schedule

milestone shown in the Selected Acquisition Report.

(3)(A) The Secretary of Defense may waive the requirement for

submission of Selected Acquisition Reports for a program for a

fiscal year if -

(i) the program has not entered system development and

demonstration;

(ii) a reasonable cost estimate has not been established for

such program; and

(iii) the system configuration for such program is not well

defined.

(B) The Secretary shall submit to the Committee on Armed Services

of the Senate and the Committee on Armed Services of the House of

Representatives a written notification of each waiver under

subparagraph (A) for a program for a fiscal year not later than 60

days before the President submits the budget to Congress pursuant

to section 1105 of title 31 in that fiscal year.

(c)(1) Each Selected Acquisition Report for the first quarter for

a fiscal year shall include -

(A) the same information, in detailed and summarized form, as

is provided in reports submitted under section 2431 of this

title;

(B) the current program acquisition unit cost for each major

defense acquisition program included in the report and the

history of that cost from the date the program was first included

in a Selected Acquisition Report to the end of the quarter for

which the current report is submitted;

(C) the current procurement unit cost for each major defense

acquisition program included in the report and the history of

that cost from the date the program was first included in a

Selected Acquisition Report to the end of the quarter for which

the current report is submitted; and

(D) such other information as the Secretary of Defense

considers appropriate.

(2) Each Selected Acquisition Report for the first quarter of a

fiscal year shall be designed to provide to the Committee on Armed

Services of the Senate and the Committee on Armed Services of the

House of Representatives the information such Committees need to

perform their oversight functions. Whenever the Secretary of

Defense proposes to make changes in the content of a Selected

Acquisition Report, the Secretary shall submit a notice of the

proposed changes to such committees. The changes shall be

considered approved by the Secretary, and may be incorporated into

the report, only after the end of the 60-day period beginning on

the date on which the notice is received by those committees.

(3) In addition to the material required by paragraphs (1) and

(2), each Selected Acquisition Report for the first quarter of a

fiscal year shall include the following:

(A) A full life-cycle cost analysis for each major defense

acquisition program included in the report that is in the system

development and demonstration stage or has completed that stage.

The Secretary of Defense shall ensure that this subparagraph is

implemented in a uniform manner, to the extent practicable,

throughout the Department of Defense.

(B) If the system that is included in that major defense

acquisition program has an antecedent system, a full life-cycle

cost analysis for that system.

(4) Selected Acquisition Reports for the first quarter of a

fiscal year shall be known as comprehensive annual Selected

Acquisition Reports.

(d)(1) Each Selected Acquisition Report for the second, third,

and fourth quarters of a fiscal year shall include -

(A) with respect to each major defense acquisition program that

was included in the most recent comprehensive annual Selected

Acquisition Report, the information described in subsection (e);

and

(B) with respect to each major defense acquisition program that

was not included in the most recent comprehensive annual Selected

Acquisition Report, the information described in subsection (c).

(2) Selected Acquisition Reports for the second, third, and

fourth quarters of a fiscal year shall be known as Quarterly

Selected Acquisition Reports.

(e) Information to be included under this subsection in a

Quarterly Selected Acquisition Report with respect to a major

defense acquisition program is as follows:

(1) The quantity of items to be purchased under the program.

(2) The program acquisition cost.

(3) The program acquisition unit cost.

(4) The current procurement cost for the program.

(5) The current procurement unit cost for the program.

(6) The reasons for any change in program acquisition cost,

program acquisition unit cost, procurement cost, or procurement

unit cost or in program schedule from the previous Selected

Acquisition Report.

(7) The major contracts under the program and the reasons for

any cost or schedule variances under those contracts since the

last Selected Acquisition Report.

(8) Program highlights since the last Selected Acquisition

Report.

(f) Each comprehensive annual Selected Acquisition Report shall

be submitted within 60 days after the date on which the President

transmits the Budget to Congress for the following fiscal year, and

each Quarterly Selected Acquisition Report shall be submitted

within 45 days after the end of the fiscal-year quarter.

(g) The requirements of this section with respect to a major

defense acquisition program shall cease to apply after 90 percent

of the items to be delivered to the United States under the program

(shown as the total quantity of items to be purchased under the

program in the most recent Selected Acquisition Report) have been

delivered or 90 percent of planned expenditures under the program

have been made.

(h)(1) Total program reporting under this section shall apply to

a major defense acquisition program when funds have been

appropriated for such and the Secretary of Defense has decided to

proceed to system development and demonstration of such program.

Reporting may be limited to the development program as provided in

paragraph (2) before a decision is made by the Secretary of Defense

to proceed to system development and demonstration if the Secretary

notifies the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives of the

intention to submit a limited report under this subsection not less

than 15 days before a report is due under this section.

(2) A limited report under this subsection shall include the

following:

(A) The same information, in detail and summarized form, as is

provided in reports submitted under subsections (b)(1) and (b)(3)

of section 2431 of this title.

(B) Reasons for any change in the development cost and

schedule.

(C) The major contracts under the development program and the

reasons for any cost or schedule variances under those contracts

since the last Selected Acquisition Report.

(D) Program highlights since the last Selected Acquisition

Report.

(E) Other information as the Secretary of Defense considers

appropriate.

(3) The submission requirements for a limited report under this

subsection shall be the same as for quarterly Selected Acquisition

Reports for total program reporting.

-SOURCE-

(Added Pub. L. 97-252, title XI, Sec. 1107(a)(1), Sept. 8, 1982, 96

Stat. 739, Sec. 139a; amended Pub. L. 98-525, title XII, Sec.

1242(a), Oct. 19, 1984, 98 Stat. 2606; Pub. L. 99-145, title XII,

Sec. 1201, Nov. 8, 1985, 99 Stat. 715; renumbered Sec. 2432 and

amended Pub. L. 99-433, title I, Sec. 101(a)(5), 110(d)(13),

(g)(7), Oct. 1, 1986, 100 Stat. 995, 1003, 1004; Pub. L. 99-500,

Sec. 101(c) (title X, Sec. 961(a)), Oct. 18, 1986, 100 Stat.

1783-82, 1783-175, and Pub. L. 99-591, Sec. 101(c) (title X, Sec.

961(a)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-175; Pub. L.

99-661, div. A, title IX, formerly title IV, Sec. 961(a), Nov. 14,

1986, 100 Stat. 3955, renumbered title IX, Pub. L. 100-26, Sec.

3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100-26, Sec. 7(b)(3),

(k)(2), Apr. 21, 1987, 101 Stat. 279, 284; Pub. L. 100-180, div.

A, title XII, Sec. 1233(a)(1), title XIII, Sec. 1314(a)(1), Dec. 4,

1987, 101 Stat. 1161, 1175; Pub. L. 101-189, div. A, title VIII,

Sec. 811(c), Nov. 29, 1989, 103 Stat. 1493; Pub. L. 101-510, div.

A, title XIV, Sec. 1407(a)-(c), 1484(f)(4), Nov. 5, 1990, 104 Stat.

1681, 1717; Pub. L. 102-25, title VII, Sec. 701(f)(3), Apr. 6,

1991, 105 Stat. 115; Pub. L. 102-190, div. A, title VIII, Sec.

801(b)(2), title X, Sec. 1061(a)(14), Dec. 5, 1991, 105 Stat. 1412,

1473; Pub. L. 102-484, div. A, title VIII, Sec. 817(c), Oct. 23,

1992, 106 Stat. 2455; Pub. L. 103-355, title III, Sec. 3002(a)(1),

(b)-(h), Oct. 13, 1994, 108 Stat. 3328, 3329; Pub. L. 104-106,

div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502;

Pub. L. 104-201, div. A, title VIII, Sec. 806, Sept. 23, 1996, 110

Stat. 2606; Pub. L. 105-85, div. A, title VIII, Sec. 841(c), Nov.

18, 1997, 111 Stat. 1843; Pub. L. 106-65, div. A, title X, Sec.

1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107-107, div. A,

title VIII, Sec. 821(a), Dec. 28, 2001, 115 Stat. 1181.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

2001 - Subsecs. (b)(3)(A)(i), (c)(3)(A), (h)(1). Pub. L. 107-107

substituted ''system development and demonstration'' for

''engineering and manufacturing development'' wherever appearing.

1999 - Subsecs. (b)(3)(B), (c)(2), (h)(1). Pub. L. 106-65

substituted ''and the Committee on Armed Services'' for ''and the

Committee on National Security''.

1997 - Subsec. (h)(2)(D) to (F). Pub. L. 105-85 redesignated

subpars. (E) and (F) as (D) and (E), respectively, and struck out

former subpar. (D) which read as follows: ''The completion status

of the development program expressed -

''(i) as the percentage that the number of years for which

funds have been appropriated for the development program is of

the number of years for which it is planned that funds will be

appropriated for the program; and

''(ii) as the percentage that the amount of funds that have

been appropriated for the development program is of the total

amount of funds which it is planned will be appropriated for the

program.''

1996 - Subsec. (b)(3)(B). Pub. L. 104-106 substituted ''Committee

on Armed Services of the Senate and the Committee on National

Security of the House of Representatives'' for ''Committees on

Armed Services of the Senate and House of Representatives''.

Subsec. (c)(1). Pub. L. 104-201, Sec. 806(1), struck out ''and''

at end of subpar. (B), added subpar. (C), and redesignated former

subpar. (C) as (D).

Subsec. (c)(2). Pub. L. 104-106 substituted ''Committee on Armed

Services of the Senate and the Committee on National Security of

the House of Representatives'' for ''Committees on Armed Services

of the Senate and House of Representatives''.

Subsec. (e)(8), (9). Pub. L. 104-201, Sec. 806(2), redesignated

par. (9) as (8) and struck out former par. (8) which read as

follows: ''The completion status of the program (A) expressed as

the percentage that the number of years for which funds have been

appropriated for the program is of the number of years for which it

is planned that funds will be appropriated for the program, and (B)

expressed as the percentage that the amount of funds that have been

appropriated for the program is of the total amount of funds which

it is planned will be appropriated for the program.''

Subsec. (h)(1). Pub. L. 104-106 substituted ''Committee on Armed

Services of the Senate and the Committee on National Security of

the House of Representatives'' for ''Committees on Armed Services

of the Senate and House of Representatives''.

1994 - Subsec. (a)(2). Pub. L. 103-355, Sec. 3002(a)(1), struck

out ''for a fiscal year, reduced by the amount of funds programmed

to be available for obligation for such fiscal year for advanced

procurement for such program in any subsequent year and increased

by any amount appropriated in years before such fiscal year for

advanced procurement for such program in such fiscal year'' after

''procurement for the program'' in cl. (A), ''with such funds

during such fiscal year'' after ''procured'' in cl. (B), and last

sentence which read as follows: ''If for any fiscal year the funds

appropriated, or the number of fully-configured end items to be

purchased, differ from those programmed, the procurement unit cost

shall be revised to reflect the appropriated amounts and

quantities.''

Subsec. (a)(3). Pub. L. 103-355, Sec. 3002(b), inserted before

period at end ''and that is not a firm, fixed price contract''.

Subsec. (a)(4). Pub. L. 103-355, Sec. 3002(c), substituted

''means all costs of development, procurement, military

construction, and operations and support, without regard to funding

source or management control.'' for ''has the meaning given the

term 'cost of the program' in section 2434(b)(2) of this title.''

Subsec. (b)(3)(A)(i). Pub. L. 103-355, Sec. 3002(h)(1), struck

out ''full scale development or'' before ''engineering''.

Subsec. (c)(2). Pub. L. 103-355, Sec. 3002(d), substituted second

sentence for former second sentence which read as follows: ''The

Secretary of Defense may approve changes in the content of the

Selected Acquisition Report if the Secretary provides such

Committees with written notification of such changes at least 60

days before the date of the report that incorporates the changes.''

Subsec. (c)(3)(A). Pub. L. 103-355, Sec. 3002(f)(2), (h)(2),

substituted ''engineering and manufacturing'' for ''full-scale

engineering'' and inserted at end ''The Secretary of Defense shall

ensure that this subparagraph is implemented in a uniform manner,

to the extent practicable, throughout the Department of Defense.''

Subsec. (c)(3)(C). Pub. L. 103-355, Sec. 3002(e), struck out

subpar. (C) which required production information for each major

defense acquisition program included in report that is produced at

rate of six units or more per year.

Subsec. (c)(5). Pub. L. 103-355, Sec. 3002(f)(1), struck out par.

(5) which read as follows: ''The Secretary of Defense shall ensure

that paragraph (4) of subsection (a) is implemented in a uniform

manner, to the extent practicable, throughout the Department of

Defense.''

Subsec. (f). Pub. L. 103-355, Sec. 3002(g), struck out last

sentence which read as follows: ''A preliminary report shall be

submitted for each annual Selected Acquisition Report within 30

days of the date on which the President submits the Budget to

Congress.''

Subsec. (h)(1). Pub. L. 103-355, Sec. 3002(h)(3), substituted

''engineering and manufacturing'' for ''full-scale engineering'' in

two places.

1992 - Subsec. (a)(3). Pub. L. 102-484, Sec. 817(c)(1), added

par. (3) and struck out former par. (3) which read as follows:

''The term 'major contract', with respect to a major defense

acquisition program, means (A) each prime contract under the

program, and (B) each associate or Government-furnished equipment

contract under the program that is one of the six largest contracts

under the program in dollar amount and that is in excess of

$40,000,000.''

Subsec. (b)(3). Pub. L. 102-484, Sec. 817(c)(2), added par. (3)

and struck out former par. (3) which read as follows: ''A status

report on a particular major defense acquisition program need not

be included in any Selected Acquisition Report with the approval of

the Committees on Armed Services of the Senate and House of

Representatives.''

Subsec. (c)(2). Pub. L. 102-484, Sec. 817(c)(3), added sentence

at end and struck out former last sentence which read as follows:

''A change in the content of the Selected Acquisition Report for

the first quarter of a fiscal year from the content as reported for

the first quarter of the previous fiscal year may not be made until

appropriate officials of the Department of Defense consult with

such Committees regarding the proposed changes.''

Subsec. (c)(3)(C)(i) to (vii). Pub. L. 102-484, Sec. 817(c)(4),

added cls. (i) to (vii) and struck out former cls. (i) to (vii)

which contained similar specification and estimation requirements.

1991 - Subsec. (a)(4). Pub. L. 102-190, Sec. 801(b)(2),

substituted ''2434(b)(2)'' for ''2434(c)(2)''.

Subsec. (c)(5). Pub. L. 102-25 substituted ''subsection (a)'' for

''section 2432(a) of title 10, United States Code, as added by

subsection (a)(2),''.

Subsec. (h)(2)(A). Pub. L. 102-190, Sec. 1061(a)(14), substituted

''(b)(1) and (b)(3)'' for ''(c)(1) and (c)(3)''.

1990 - Subsec. (a)(4). Pub. L. 101-510, Sec. 1407(b), added par.

(4).

Subsec. (c)(3). Pub. L. 101-510, Sec. 1484(f)(4)(A), substituted

''include the following:'' for ''include - '' in introductory

provisions.

Subsec. (c)(3)(A). Pub. L. 101-510, Sec. 1407(a), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

''a full life-cycle cost analysis for each major defense

acquisition program included in the report that -

''(i) is in the full-scale engineering development stage or has

completed that stage; and

''(ii) was first included in a Selected Acquisition Report for

a quarter after the first quarter of fiscal year 1985;''.

Subsec. (c)(3)(B). Pub. L. 101-510, Sec. 1484(f)(4)(B), (C),

substituted ''If'' for ''if'' and a period for ''; and''.

Subsec. (c)(3)(C). Pub. L. 101-510, Sec. 1484(f)(4)(B), (D),

substituted ''Production'' for ''production'' and ''program) the

following:'' for ''program) - '' in introductory provisions,

''Specification'' for ''specification'' in cls. (i) to (iv),

''Estimation'' for ''estimation'' in cls. (v) to (vii), a period

for a semicolon in cls. (i) to (v), and a period for ''; and'' in

cl. (vi).

Subsec. (c)(5). Pub. L. 101-510, Sec. 1407(c), added par. (5).

1989 - Subsec. (b)(2)(A). Pub. L. 101-189 substituted ''15

percent increase in program acquisition unit cost and current

procurement unit cost'' for ''5 percent change in total program

cost''.

1987 - Pub. L. 100-180, Sec. 1314(a)(1), made technical amendment

to directory language of Pub. L. 99-433, Sec. 101(a)(5). See 1986

Amendment note below.

Subsec. (a). Pub. L. 100-26, Sec. 7(b)(3)(A), as amended by Pub.

L. 100-180, Sec. 1233(a)(1), redesignated pars. (2) to (4) as (1)

to (3), respectively, and struck out former par. (1) which defined

''major defense acquisition program''.

Pub. L. 100-26, Sec. 7(k)(2)(A), inserted ''The term'' after each

par. designation and struck out uppercase letter of first word

after first quotation marks in each par. and substituted lowercase

letter.

Subsec. (a)(2). Pub. L. 100-26, Sec. 7(b)(3)(B), substituted

''programmed'' for ''programed'' wherever appearing.

1986 - Pub. L. 99-433, Sec. 101(a)(5), as amended by Pub. L.

100-180, Sec. 1314(a)(1), renumbered section 139a of this title as

this section.

Pub. L. 99-433, Sec. 110(d)(13), struck out ''Oversight of cost

growth in major programs:'' before ''Selected Acquisition Reports''

in section catchline.

Subsec. (a)(3). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)

(Sec. 961(a)(1)), Pub. L. 99-661, Sec. 961(a)(1), amended par. (3)

identically, inserting provision that if for any fiscal year the

funds appropriated, or the number of fully-configured end items to

be purchased, differ from those programmed, the procurement unit

cost shall be revised to reflect the appropriated amounts and

quantities.

Subsec. (a)(4). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)

(Sec. 961(a)(2)), Pub. L. 99-661, Sec. 961(a)(2), amended par. (4)

identically, substituting ''$40,000,000'' for ''$2,000,000''.

Subsec. (b)(2)(B). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)

(Sec. 961(a)(3)), Pub. L. 99-661, Sec. 961(a)(3), amended subpar.

(B) identically, substituting ''six-month'' for ''three-month''.

Subsec. (c)(1). Pub. L. 99-433, Sec. 110(g)(7), substituted

''section 2431'' for ''section 139''.

Subsec. (c)(2). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)

(Sec. 961(a)(4)), Pub. L. 99-661, Sec. 961(a)(4), amended subsec.

(c) identically, enacting a new par. (2) and striking out former

par. (2) which read as follows: ''Each Selected Acquisition Report

for the first quarter of a fiscal year shall be prepared and

submitted with the same content as was used for the Selected

Acquisition Report for the first quarter of fiscal year 1984.''

Subsec. (c)(3)(C). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)

(Sec. 961(a)(5)), Pub. L. 99-661, Sec. 961(a)(5), amended subpar.

(C) identically, inserting in provision preceding cl. (i) ''that is

produced at a rate of six units or more per year'' after

''report''.

Subsec. (h). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) (Sec.

961(a)(6)), Pub. L. 99-661, Sec. 961(a)(6), amended section

identically, adding subsec. (h).

1985 - Subsec. (c). Pub. L. 99-145 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''Each

Selected Acquisition Report for the first quarter of a fiscal year

shall include (1) the same information, in detailed and summarized

form, as is provided in reports submitted under section 139 of this

title, (2) the current program acquisition unit cost for each major

defense acquisition program included in the report and the history

of that cost from the date the program was first included in a

Selected Acquisition Report to the end of the quarter for which the

current report is submitted, and (3) such other information as the

Secretary of Defense considers appropriate. Selected Acquisition

Reports for the first quarter of a fiscal year shall be known as

comprehensive annual Selected Acquisition Reports.''

1984 - Subsec. (a)(3). Pub. L. 98-525, Sec. 1242(a)(1),

substituted ''funds programed to be available for obligation for

procurement'' for ''procurement funds appropriated'' and ''of funds

programed to be available for obligation'' for ''of funds

appropriated''.

Subsec. (a)(4). Pub. L. 98-525, Sec. 1242(a)(2), inserted ''and

that is in excess of $2,000,000''.

Subsec. (b)(2). Pub. L. 98-525, Sec. 1242(a)(3), substituted

''during the period since that report there has been - (A) less

than a 5 percent change in total program cost; and (B) less than a

three-month delay in any program schedule milestone shown in the

Selected Acquisition Report'' for ''there has been no change in

program cost, performance, or schedule since the most recent such

report''.

Subsec. (f). Pub. L. 98-525, Sec. 1242(a)(4), substituted: ''60''

for ''30'', ''45'' for ''30, and ''A preliminary report shall be

submitted for each annual Selected Acquisition Report within 30

days of the date on which the President submits the Budget to

Congress'' for ''If a preliminary report is submitted for the

comprehensive annual Selected Acquisition Report in any year, the

final report shall be submitted within 15 days after the submission

of the preliminary report''.

Subsec. (g). Pub. L. 98-525, Sec. 1242(a)(5), added subsec. (g).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 1407(d) of Pub. L. 101-510, as amended by Pub. L. 102-25,

title VII, Sec. 704(a)(8), Apr. 6, 1991, 105 Stat. 119, provided

that: ''The amendments made by subsection (a) (amending this

section) shall take effect with respect to Selected Acquisition

Reports submitted under section 2432 of title 10, United States

Code, after December 31, 1991.''

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by section 1233(a)(1) of Pub. L. 100-180 applicable as

if included in enactment of the Defense Technical Corrections Act

of 1987, Pub. L. 100-26, see section 1233(c) of Pub. L. 100-180,

set out as a note under section 101 of this title.

Amendment by section 1314(a)(1) of Pub. L. 100-180 applicable as

if included in enactment of the Goldwater-Nichols Department of

Defense Reorganization Act of 1986, Pub. L. 99-433, see section

1314(e) of Pub. L. 100-180, set out as a note under section 743 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 101(c) (title IX, Sec. 961(c)) of Pub. L. 99-500 and Pub.

L. 99-591, and section 961(c) of title IX, formerly title IV, of

Pub. L. 99-661, renumbered title IX, Pub. L. 100-26, Sec. 3(5),

Apr. 21, 1987, 101 Stat. 273, provided that: ''The amendments made

by subsections (a) and (b) (amending this section and section 2433

of this title) shall take effect on January 1, 1987.''

EFFECTIVE DATE

Section 1107(c) of Pub. L. 97-252 provided that: ''Sections 139a

and 139b (now 2432 and 2433) of title 10, United States Code, as

added by subsection (a), shall take effect on January 1, 1983, and

shall apply beginning with respect to reports for the first quarter

of fiscal year 1983. The repeal made by subsection (b) (repealing

Pub. L. 94-106, as amended, set out as Reports to Congress of

Acquisitions for Major Defense Systems note under section 2431 of

this title) shall take effect on January 1, 1983.''

SELECTED ACQUISITION REPORTS FOR CERTAIN PROGRAMS

Section 127 of Pub. L. 100-180, as amended by Pub. L. 102-484,

div. A, title VIII, Sec. 817(a), Oct. 23, 1992, 106 Stat. 2454,

provided that:

''(a) SAR Coverage for ATB, ACM, and ATA Programs. - The

Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and House of Representatives, in accordance

with the provisions of subsection (b) of section 2432 of title 10,

United States Code, a Selected Acquisition Report with respect to

each program referred to in subsection (b), notwithstanding that

such a report would not otherwise be required under section 2432 of

title 10, United States Code.

''(b) Covered Programs. - Subsection (a) applies to the Advanced

Technology Bomber program, the Advanced Cruise Missile program, and

the Advanced Tactical Aircraft program.

''(c) Selected Acquisition Report Defined. - As used in

subsection (a), the term 'Selected Acquisition Report' means a

report containing the information referred to in section 2432 of

title 10, United States Code.''

SENSE OF CONGRESS ON PREPARATION OF CERTAIN ECONOMIC IMPACT AND

EMPLOYMENT INFORMATION CONCERNING NEW ACQUISITION PROGRAMS

Section 825 of Pub. L. 100-180 related to the sense of Congress

on preparation of certain economic impact and employment

information concerning new acquisition programs, prior to repeal by

Pub. L. 104-106, div. D, title XLIII, Sec. 4321(i)(4), Feb. 10,

1996, 110 Stat. 676.

DURATION OF ASSIGNMENT OF PROGRAM MANAGERS FOR MAJOR PROGRAMS

Section 1243 of Pub. L. 98-525, as amended by Pub. L. 100-26,

Sec. 11(a)(1), Apr. 21, 1987, 101 Stat. 288, which related to

waivable minimum four-year tour of duty of program managers for

major defense acquisition programs, was repealed and restated in

section 2435(c) of this title by Pub. L. 100-370, Sec. 1(i), July

19, 1988, 102 Stat. 848.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1734, 2400, 2433 of this

title.

-CITE-

10 USC Sec. 2433 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

-HEAD-

Sec. 2433. Unit cost reports

-STATUTE-

(a) In this section:

(1) The terms ''program acquisition unit cost'', ''procurement

unit cost'', and ''major contract'' have the same meanings as

provided in section 2432(a) of this title.

(2) The term ''Baseline Estimate'', with respect to a unit cost

report that is submitted under this section to the service

acquisition executive designated by the Secretary concerned on a

major defense acquisition program, means the cost estimate

included in the baseline description for the program under

section 2435 of this title.

(3) The term ''procurement program'' means a program for which

funds for procurement are authorized to be appropriated in a

fiscal year.

(b) The program manager for a major defense acquisition program

(other than a program not required to be included in the Selected

Acquisition Report for that quarter under section 2432(b)(3) of

this title) shall, on a quarterly basis, submit to the service

acquisition executive designated by the Secretary concerned a

written report on the unit costs of the program. Each report shall

be submitted not more than 30 calendar days after the end of that

quarter. The program manager shall include in each such unit cost

report the following information with respect to the program (as of

the last day of the quarter for which the report is made):

(1) The program acquisition unit cost.

(2) In the case of a procurement program, the procurement unit

cost.

(3) Any cost variance or schedule variance in a major contract

under the program since the contract was entered into.

(4) Any changes from program schedule milestones or program

performances reflected in the baseline description established

under section 2435 of this title that are known, expected, or

anticipated by the program manager.

(c) If the program manager of a major defense acquisition program

for which a unit cost report has previously been submitted under

subsection (b) determines at any time during a quarter that there

is reasonable cause to believe -

(1) that the program acquisition unit cost for the program has

increased by at least 15 percent over the program acquisition

unit cost for the program as shown in the Baseline Estimate; or

(2) in the case of a major defense acquisition program that is

a procurement program, that the procurement unit cost for the

program has increased by at least 15 percent over the procurement

unit cost for the program as reflected in the Baseline Estimate;

and if a unit cost report indicating an increase of such percentage

or more has not previously been submitted to the service

acquisition executive designated by the Secretary concerned, then

the program manager shall immediately submit to such service

acquisition executive a unit cost report containing the

information, determined as of the date of the report, required

under subsection (b).

(d)(1) When a unit cost report is submitted to the service

acquisition executive designated by the Secretary concerned under

this section with respect to a major defense acquisition program,

the service acquisition executive shall determine whether the

current program acquisition unit cost for the program has increased

by at least 15 percent, or by at least 25 percent, over the program

acquisition unit cost for the program as shown in the Baseline

Estimate.

(2) When a unit cost report is submitted to the service

acquisition executive designated by the Secretary concerned under

this section with respect to a major defense acquisition program

that is a procurement program, the service acquisition executive,

in addition to the determination under paragraph (1), shall

determine whether the procurement unit cost for the program has

increased by at least 15 percent, or by at least 25 percent, over

the procurement unit cost for the program as reflected in the

Baseline Estimate.

(3) If, based upon the service acquisition executive's

determination, the Secretary concerned determines that the current

program acquisition unit cost has increased by at least 15 percent,

or by at least 25 percent, as determined under paragraph (1) or

that the procurement unit cost has increased by at least 15

percent, or by at least 25 percent, as determined under paragraph

(2), the Secretary shall notify Congress in writing of such

determination and of the increase with respect to such program. In

the case of a determination based on a quarterly report submitted

in accordance with subsection (b), the Secretary shall submit the

notification to Congress within 45 days after the end of the

quarter. In the case of a determination based on a report

submitted in accordance with subsection (c), the Secretary shall

submit the notification to Congress within 45 days after the date

of that report. The Secretary shall include in the notification

the date on which the determination was made.

(e)(1)(A) Except as provided in subparagraph (B), whenever the

Secretary concerned determines under subsection (d) that the

program acquisition unit cost or the procurement unit cost of a

major defense acquisition program has increased by at least 15

percent, a Selected Acquisition Report shall be submitted to

Congress for the first fiscal-year quarter ending on or after the

date of the determination or for the fiscal-year quarter which

immediately precedes the first fiscal-year quarter ending on or

after that date. The report shall include the information

described in section 2432(e) of this title and shall be submitted

in accordance with section 2432(f) of this title.

(B) Whenever the Secretary makes a determination referred to in

subparagraph (A) in the case of a major defense acquisition program

during the second quarter of a fiscal year and before the date on

which the President transmits the budget for the following fiscal

year to Congress pursuant to section 1105 of title 31, the

Secretary is not required to file a Selected Acquisition Report

under subparagraph (A) but shall include the information described

in subsection (g) regarding that program in the comprehensive

annual Selected Acquisition Report submitted in that quarter.

(2) If the percentage increase in the program acquisition unit

cost or procurement unit cost of a major defense acquisition

program (as determined by the Secretary under subsection (d))

exceeds 25 percent, the Secretary of Defense shall submit to

Congress, before the end of the 30-day period beginning on the day

the Selected Acquisition Report containing the information

described in subsection (g) is required to be submitted under

section 2432(f) of this title -

(A) a written certification, stating that -

(i) such acquisition program is essential to the national

security;

(ii) there are no alternatives to such acquisition program

which will provide equal or greater military capability at less

cost;

(iii) the new estimates of the program acquisition unit cost

or procurement unit cost are reasonable; and

(iv) the management structure for the acquisition program is

adequate to manage and control program acquisition unit cost or

procurement unit cost; and

(B) if a report under paragraph (1) has been previously

submitted to Congress with respect to such program for the

current fiscal year but was based upon a different unit cost

report from the program manager to the service acquisition

executive designated by the Secretary concerned, a further report

containing the information described in subsection (g),

determined from the time of the previous report to the time of

the current report.

(3) If a determination of an increase of at least 15 percent is

made by the Secretary under subsection (d) and a Selected

Acquisition Report containing the information described in

subsection (g) is not submitted to Congress under paragraph (1), or

if a determination of an increase of at least 25 percent is made by

the Secretary under subsection (d) and the certification of the

Secretary of Defense is not submitted to Congress under paragraph

(2), funds appropriated for military construction, for research,

development, test, and evaluation, and for procurement may not be

obligated for a major contract under the program. The prohibition

on the obligation of funds for a major defense acquisition program

shall cease to apply at the end of a period of 30 days of

continuous session of Congress (as determined under section

7307(b)(2) of this title) beginning on the date -

(A) on which Congress receives the Selected Acquisition Report

under paragraph (1) or (2)(B) with respect to that program, in

the case of a determination of an increase of at least 15 percent

(as determined in subsection (d)); or

(B) on which Congress has received both the Selected

Acquisition Report under paragraph (1) or (2)(B) and the

certification of the Secretary of Defense under paragraph (2)(A)

with respect to that program, in the case of an increase of at

least 25 percent (as determined under subsection (d)).

(f) Any determination of a percentage increase under this section

shall be stated in terms of constant base year dollars (as

described in section 2430 of this title).

(g)(1) Except as provided in paragraph (2), each report under

subsection (e) with respect to a major defense acquisition program

shall include the following:

(A) The name of the major defense acquisition program.

(B) The date of the preparation of the report.

(C) The program phase as of the date of the preparation of the

report.

(D) The estimate of the program acquisition cost for the

program as shown in the Selected Acquisition Report in which the

program was first included, expressed in constant base-year

dollars and in current dollars.

(E) The current program acquisition cost in constant base-year

dollars and in current dollars.

(F) A statement of the reasons for any increase in program

acquisition unit cost or procurement unit cost.

(G) The completion status of the program (i) expressed as the

percentage that the number of years for which funds have been

appropriated for the program is of the number of years for which

it is planned that funds will be appropriated for the program,

and (ii) expressed as the percentage that the amount of funds

that have been appropriated for the program is of the total

amount of funds which it is planned will be appropriated for the

program.

(H) The fiscal year in which information on the program was

first included in a Selected Acquisition Report (referred to in

this paragraph as the ''base year'') and the date of that

Selected Acquisition Report in which information on the program

was first included.

(I) The type of the Baseline Estimate that was included in the

baseline description under section 2435 of this title and the

date of the Baseline Estimate.

(J) The current change and the total change, in dollars and

expressed as a percentage, in the program acquisition unit cost,

stated both in constant base-year dollars and in current dollars.

(K) The current change and the total change, in dollars and

expressed as a percentage, in the procurement unit cost, stated

both in constant base-year dollars and in current dollars and the

procurement unit cost for the succeeding fiscal year expressed in

constant base-year dollars and in current year dollars.

(L) The quantity of end items to be acquired under the program

and the current change and total change, if any, in that

quantity.

(M) The identities of the military and civilian officers

responsible for program management and cost control of the

program.

(N) The action taken and proposed to be taken to control future

cost growth of the program.

(O) Any changes made in the performance or schedule milestones

of the program and the extent to which such changes have

contributed to the increase in program acquisition unit cost or

procurement unit cost.

(P) The following contract performance assessment information

with respect to each major contract under the program:

(i) The name of the contractor.

(ii) The phase that the contract is in at the time of the

preparation of the report.

(iii) The percentage of work under the contract that has been

completed.

(iv) Any current change and the total change, in dollars and

expressed as a percentage, in the contract cost.

(v) The percentage by which the contract is currently ahead

of or behind schedule.

(vi) A narrative providing a summary explanation of the most

significant occurrences, including cost and schedule variances

under major contracts of the program, contributing to the

changes identified and a discussion of the effect these

occurrences will have on future program costs and the program

schedule.

(2) If a program acquisition unit cost increase or a procurement

unit cost increase for a major defense acquisition program that

results in a report under this subsection is due to termination or

cancellation of the entire program, only the information specified

in clauses (A) through (F) of paragraph (1) and the percentage

change in program acquisition unit cost or procurement unit cost

that resulted in the report need be included in the report. The

certification of the Secretary of Defense under subsection (e) is

not required to be submitted for termination or cancellation of a

program.

(h) Reporting under this section shall not apply if a program has

received a limited reporting waiver under section 2432(h) of this

title.

-SOURCE-

(Added Pub. L. 97-252, title XI, Sec. 1107(a)(1), Sept. 8, 1982, 96

Stat. 741, Sec. 139b; amended Pub. L. 98-94, title XII, Sec.

1268(1), Sept. 24, 1983, 97 Stat. 705; Pub. L. 98-525, title XII,

Sec. 1242(b), Oct. 19, 1984, 98 Stat. 2607; Pub. L. 99-145, title

XIII, Sec. 1303(a)(2), Nov. 8, 1985, 99 Stat. 738; renumbered Sec.

2433 and amended Pub. L. 99-433, title I, Sec. 101(a)(5),

110(d)(14), (g)(8), Oct. 1, 1986, 100 Stat. 995, 1003, 1004; Pub.

L. 99-500, Sec. 101(c) (title X, Sec. 961(b)), Oct. 18, 1986, 100

Stat. 1783-82, 1783-176, and Pub. L. 99-591, Sec. 101(c) (title X,

Sec. 961(b)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-176; Pub. L.

99-661, div. A, title IX, formerly title IV, Sec. 961(b), Nov. 14,

1986, 100 Stat. 3956, renumbered title IX, Pub. L. 100-26, Sec.

3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100-26, Sec. 7(b)(4),

(k)(7), Apr. 21, 1987, 101 Stat. 279, 284; Pub. L. 100-180, div.

A, title XIII, Sec. 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub.

L. 101-189, div. A, title VIII, Sec. 811(a), Nov. 29, 1989, 103

Stat. 1490; Pub. L. 101-510, div. A, title XIV, Sec. 1484(k)(10),

Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102-484, div. A, title VIII,

Sec. 817(d), Oct. 23, 1992, 106 Stat. 2456; Pub. L. 103-35, title

II, Sec. 201(i)(2), May 31, 1993, 107 Stat. 100; Pub. L. 103-355,

title III, Sec. 3002(a)(2), 3003, Oct. 13, 1994, 108 Stat. 3328,

3329; Pub. L. 105-85, div. A, title VIII, Sec. 833, Nov. 18, 1997,

111 Stat. 1842.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-85, Sec. 833(a), in concluding

provisions, struck out ''during the current fiscal year (other than

the last quarterly unit cost report under subsection (b) for the

preceding fiscal year)'' after ''designated by the Secretary

concerned''.

Subsec. (c)(1) to (3). Pub. L. 105-85, Sec. 833(b), inserted

''or'' at end of par. (1), struck out ''or'' at end of par. (2),

and struck out par. (3), which read as follows: ''that cost

variances or schedule variances of a major contract under the

program have resulted in an increase in the cost of the contract of

at least 15 percent over the cost of the contract as of the time

the contract was made;''.

Subsec. (d)(3). Pub. L. 105-85, Sec. 833(c), struck out ''(for

the first time since the beginning of the current fiscal year)''

after ''the Secretary concerned determines''.

1994 - Subsec. (a)(2). Pub. L. 103-355, Sec. 3003(a)(1)(A),

substituted ''Baseline Estimate'' for ''Baseline Selected

Acquisition Report'' and ''cost estimate included in the baseline

description for the program under section 2435 of this title.'' for

''Selected Acquisition Report in which information on the program

is first included or the comprehensive annual Selected Acquisition

Report for the fiscal year immediately before the fiscal year

containing the quarter with respect to which the unit cost report

is submitted, whichever is later.''

Subsec. (a)(4). Pub. L. 103-355, Sec. 3003(a)(1)(B), struck out

par. (4) which defined ''Baseline Report''.

Subsec. (b)(3). Pub. L. 103-355, Sec. 3003(b), substituted

''contract was entered into'' for ''Baseline Report was

submitted''.

Subsec. (c). Pub. L. 103-355, Sec. 3002(a)(2)(A), 3003(a)(2)(A),

(c), struck out par. (1) designation and par. (2), redesignated

subpars. (A) to (C) as pars. (1) to (3), respectively, substituted

''Baseline Estimate'' for ''Baseline Report'' in pars. (1) and (2),

and struck out ''current'' before ''procurement unit cost'' in par.

(2). Prior to amendment, former par. (2) related to submission of

unit cost reports by major defense acquisition program manager to

service acquisition executive designated by Secretary of Defense in

certain circumstances.

Subsec. (d)(1). Pub. L. 103-355, Sec. 3003(a)(2)(B), substituted

''Baseline Estimate'' for ''Baseline Report''.

Subsec. (d)(2). Pub. L. 103-355, Sec. 3002(a)(2)(B),

3003(a)(2)(B), struck out ''current'' before ''procurement unit

cost'' and substituted ''Baseline Estimate'' for ''Baseline

Report''.

Subsec. (d)(3). Pub. L. 103-355, Sec. 3002(a)(2)(B), struck out

''current'' before ''procurement unit cost''.

Subsec. (e)(1)(A), (2). Pub. L. 103-355, Sec. 3002(a)(2)(C),

struck out ''current'' before ''procurement unit cost''.

Subsec. (f). Pub. L. 103-355, Sec. 3003(d), substituted ''be

stated in terms of constant base year dollars (as described in

section 2430 of this title)'' for ''include expected inflation''.

Subsec. (g)(1)(I). Pub. L. 103-355, Sec. 3003(e), amended subpar.

(I) generally. Prior to amendment, subpar. (I) read as follows:

''The type of the Baseline Report (under subsection (a)(4)) and the

date of the Baseline Report.''

1993 - Subsec. (e)(3). Pub. L. 103-35 substituted ''an increase

of at least 15 percent'' for ''a at least 15 percent increase'' in

introductory provisions and in subpar. (A), and substituted ''an

increase of at least 25 percent'' for ''a at least 25 percent

increase'' in introductory provisions and in subpar. (B).

1992 - Subsec. (a)(4)(C). Pub. L. 102-484, Sec. 817(d)(1),

substituted ''(e)(2)(B)'' for ''(e)(2)(B)(ii)''.

Subsec. (b). Pub. L. 102-484, Sec. 817(d)(2), substituted ''30

calendar days'' for ''7 days (excluding Saturdays, Sundays, and

legal public holidays)'' in second sentence.

Subsec. (c)(1)(A), (B), (2)(A), (B). Pub. L. 102-484, Sec.

817(d)(3), substituted ''at least'' for ''more than''.

Subsec. (d)(1), (2). Pub. L. 102-484, Sec. 817(d)(4)(A),

substituted ''at least'' for ''more than'' wherever appearing.

Subsec. (d)(3). Pub. L. 102-484, Sec. 817(d)(4)(B), substituted

''at least'' for ''more than'' wherever appearing and ''program. In

the case of a determination based on a quarterly report submitted

in accordance with subsection (b), the Secretary shall submit the

notification to Congress within 45 days after the end of the

quarter. In the case of a determination based on a report

submitted in accordance with subsection (c), the Secretary shall

submit the notification to Congress within 45 days after the date

of that report. The Secretary shall include in the notification

the date on which the determination was made.'' for ''program

within 30 days after the date on which the service acquisition

executive reports his determination of such increase in such unit

cost to the Secretary and shall include in such notification the

date on which the determination was made.''

Subsec. (e)(1)(A). Pub. L. 102-484, Sec. 817(d)(5)(A), added

subpar. (A) and struck out former subpar. (A) which read as

follows: ''Except as provided in subparagraph (B), whenever the

Secretary concerned determines under subsection (d) that the

current program acquisition cost of a major defense acquisition

program has increased by more than 15 percent, a Selected

Acquisition Report shall be submitted to Congress for the first

fiscal-year quarter ending on or after the date of the

determination and such report shall include the information

described in section 2432(e) of this title. The report shall be

submitted within 45 days after the end of that quarter.''

Subsec. (e)(2). Pub. L. 102-484, Sec. 817(d)(5)(B), substituted

''program acquisition unit cost or current procurement unit cost''

for ''current program acquisition cost''.

Subsec. (e)(3). Pub. L. 102-484, Sec. 817(d)(5)(C), substituted

''at least'' for ''more than'' wherever appearing.

1990 - Subsec. (c). Pub. L. 101-510 struck out ''the'' before

''such service acquisition executive'' wherever appearing.

1989 - Subsec. (a)(2). Pub. L. 101-189, Sec. 811(a)(1)(A),

inserted ''the service acquisition executive designated by'' before

''the Secretary concerned''.

Subsec. (a)(4). Pub. L. 101-189, Sec. 811(a)(1)(B)(i), inserted

''the service acquisition executive designated by'' before ''the

Secretary concerned'' in introductory provisions.

Subsec. (a)(4)(A). Pub. L. 101-189, Sec. 811(a)(1)(B)(ii),

substituted ''Selected Acquisition Report submitted under

subsection (e)(2)(B) that includes information on'' for ''unit cost

report submitted under subsection (e)(2)(B)(ii) with respect to''.

Subsec. (a)(4)(B). Pub. L. 101-189, Sec. 811(a)(1)(B)(iii),

substituted ''subsection (e)(2)(B) with respect to the program

during that three-quarter period, the most recent Selected

Acquisition Report submitted under subsection (e)(1) that includes

information on the program'' for ''subsection (e)(2)(B)(ii) with

respect to the program during that three-quarter period, the most

recent unit cost report submitted under subsection (e)(1) with

respect to the program''.

Subsec. (b). Pub. L. 101-189, Sec. 811(a)(2)(A), amended

introductory provisions generally. Prior to amendment,

introductory provisions read as follows: ''The program manager for

a defense acquisition program that as of the end of a fiscal-year

quarter is a major defense acquisition program (other than a

program not required to be included in the Selected Acquisition

Report for that quarter under section 2432(b)(3) of this title)

shall, after the end of that quarter, submit to the Secretary

concerned a written report on the unit costs of the program. Each

report for the first quarter of a fiscal year shall be submitted

not more than 7 days (excluding Saturdays, Sundays, and legal

public holidays) after the date on which the President transmits

the Budget to Congress for the following fiscal year, and each

report for other quarters shall be submitted not more than 7 days

(excluding Saturdays, Sundays, and legal public holidays) after the

end of that quarter. The program manager shall include in each

such unit cost report the following information with respect to the

program (as of the last day of the quarter for which the report is

made):''.

Subsec. (b)(4). Pub. L. 101-189, Sec. 811(a)(2)(B), substituted

''description established under section 2435 of this title'' for

''Selected Acquisition Report''.

Subsec. (c)(1). Pub. L. 101-189, Sec. 811(a)(3)(A), in

introductory provisions, struck out ''fiscal-year'' after ''time

during a'', and in concluding provisions, inserted ''the service

acquisition executive designated by'' before ''the Secretary

concerned during'' and substituted ''(other than the last quarterly

unit cost report under subsection (b) for the preceding fiscal

year)'' for ''(other than the unit cost report under subsection (b)

for the last quarter of the preceding fiscal year)'' and ''such

service acquisition executive a unit'' for ''Secretary concerned a

unit''.

Subsec. (c)(2). Pub. L. 101-189, Sec. 811(a)(3)(B), in

introductory provisions, inserted ''the service acquisition

executive designated by'' before ''the Secretary concerned a unit''

and substituted ''(other than the last quarterly unit cost report

under subsection (b) for the preceding fiscal year)'' for ''(other

than the unit cost report under subsection (b) for the last quarter

of the preceding fiscal year)'', and in cls. (A), (B), and (C), and

concluding provisions, substituted ''such service acquisition

executive'' for ''Secretary concerned''.

Subsec. (d)(1). Pub. L. 101-189, Sec. 811(a)(4)(A), inserted

''the service acquisition executive designated by'' before ''the

Secretary concerned'' and substituted ''service acquisition

executive shall determine'' for ''Secretary shall determine''.

Subsec. (d)(2). Pub. L. 101-189, Sec. 811(a)(4)(B), inserted

''the service acquisition executive designated by'' before ''the

Secretary concerned under'' and substituted ''service acquisition

executive, in addition to the determination under paragraph (1),

shall determine'' for ''Secretary concerned shall, in addition to

the determination under paragraph (1), determine''.

Subsec. (d)(3). Pub. L. 101-189, Sec. 811(a)(4)(C), substituted

par. (3) consisting of a single par., for former par. (3)

consisting of subpars. (A) and (B).

Subsec. (e)(1), (2). Pub. L. 101-189, Sec. 811(a)(5)(A), added

pars. (1) and (2) and struck out former pars. (1) and (2) which

contained exceptions to the prohibitions in subsec. (d)(3)(B)(i)

and (ii).

Subsec. (e)(3). Pub. L. 101-189, Sec. 811(a)(5)(B), in

introductory provisions, inserted ''If a determination of a more

than 15 percent increase is made by the Secretary under subsection

(d) and a Selected Acquisition Report containing the information

described in subsection (g) is not submitted to Congress under

paragraph (1), or if a determination of a more than 25 percent

increase is made by the Secretary under subsection (d) and the

certification of the Secretary of Defense is not submitted to

Congress under paragraph (2), funds appropriated for military

construction, for research, development, test, and evaluation, and

for procurement may not be obligated for a major contract under the

program.'' and struck out ''in subsection (d)(3)(B)'' after

''prohibition'', in subpar. (A), substituted ''Selected Acquisition

Report'' for ''report of the Secretary concerned'' and ''(2)(B)''

for ''(2)(B)(ii)'', and in subpar. (B), substituted ''Selected

Acquisition Report'' for ''report of the Secretary concerned'',

''(2)(B)'' for ''(2)(B)(ii)'', and ''(2)(A)'' for ''(2)(B)(i)''.

Subsec. (g)(2). Pub. L. 101-189, Sec. 811(a)(6), inserted at end

''The certification of the Secretary of Defense under subsection

(e) is not required to be submitted for termination or cancellation

of a program.''

1987 - Pub. L. 100-180 made technical amendment to directory

language of Pub. L. 99-433, Sec. 101(a)(5). See 1986 Amendment note

below.

Subsec. (a)(1). Pub. L. 100-26, Sec. 7(b)(4), substituted ''(1)

The terms 'program' '' for ''(1) 'Major defense acquisition

program', 'program' ''.

Subsec. (a)(2). Pub. L. 100-26, Sec. 7(k)(7)(A), inserted ''The

term'' after par. designation.

Subsec. (a)(3). Pub. L. 100-26, Sec. 7(k)(7)(B), substituted

''The term 'procurement' '' for '' 'Procurement' ''.

Subsec. (a)(4). Pub. L. 100-26, Sec. 7(k)(7)(A), inserted ''The

term'' after par. designation.

1986 - Pub. L. 99-433, Sec. 101(a)(5), as amended by Pub. L.

100-180, Sec. 1314(a)(1), renumbered section 139b of this title as

this section.

Pub. L. 99-433, Sec. 110(d)(14), substituted ''Unit cost

reports'' for ''Oversight of cost growth of major programs: unit

cost reports'' in section catchline.

Subsec. (a)(1). Pub. L. 99-433, Sec. 110(g)(8)(A), substituted

''section 2432(a)'' for ''section 139a(a)''.

Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) (Sec.

961(b)(1)), Pub. L. 99-661, Sec. 961(b)(1), amended subsec. (b)

identically, inserting ''(excluding Saturdays, Sundays, and legal

public holidays)'' in two places in second sentence.

Pub. L. 99-433, Sec. 110(g)(8)(B), substituted ''section

2432(b)(3)'' for ''section 139a(b)(3)'' in first sentence.

Subsec. (h). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) (Sec.

961(b)(2)), Pub. L. 99-661, Sec. 961(b)(2), amended section

identically, adding subsec. (h).

1985 - Subsec. (d)(3)(B)(i). Pub. L. 99-145 inserted ''percent''

after ''15''.

1984 - Subsec. (a)(4). Pub. L. 98-525, Sec. 1242(b)(1), added

par. (4).

Subsec. (b). Pub. L. 98-525, Sec. 1242(b)(2)(A), (B), struck out

''not more than 7 days'' before ''after the end of that quarter''

and inserted ''Each report for the first quarter of a fiscal year

shall be submitted not more than 7 days after the date on which the

President transmits the Budget to Congress for the following fiscal

year, and each report for other quarters shall be submitted not

more than 7 days after the end of that quarter.''

Subsec. (b)(3). Pub. L. 98-525, Sec. 1242(b)(2)(C), substituted

''Baseline Report'' for ''baseline Selected Acquisition Report''.

Subsec. (c)(1)(A), (B). Pub. L. 98-525, Sec. 1242(b)(3),

substituted ''Baseline Report'' for ''baseline Selected Acquisition

Report''.

Subsec. (d)(1), (2). Pub. L. 98-525, Sec. 1242(b)(4)(A),

substituted ''Baseline Report'' for ''baseline Selected Acquisition

Report''.

Subsec. (d)(3)(B). Pub. L. 98-525, Sec. 1242(b)(4)(B)(i),

substituted ''funds appropriated for military construction, for

research, development, test, and evaluation, and for procurement

may not be obligated for a major contract under the program'' for

''additional funds may not be obligated in connection with such

program''.

Subsec. (d)(3)(B)(i). Pub. L. 98-525, Sec. 1242(b)(4)(B)(ii),

struck out ''but less than 25 percent'' after ''more than 15''.

Subsec. (e)(1). Pub. L. 98-525, Sec. 1242(b)(5)(A), substituted

''subsection (d)(3)(B)(i)'' for ''subsection (d)(3)(B)'' and

inserted ''more than'' before ''15 percent''.

Subsec. (e)(2). Pub. L. 98-525, Sec. 1242(b)(5)(B), substituted

''subsection (d)(3)(B)(ii)'' for ''subsection (d)(3)(B)'' and

inserted ''more than'' before ''25 percent''.

Subsec. (e)(2)(A). Pub. L. 98-525, Sec. 1242(b)(5)(B)(iii),

inserted ''and the Secretary concerned submits to Congress, before

the end of the 30-day period referred to in subsection

(d)(3)(B)(i), a report containing the information described in

subsection (g)''.

Subsec. (e)(2)(B). Pub. L. 98-525, Sec. 1242(b)(5)(B)(iv),

substituted ''subsection (d)(3)(B)(ii)'' for ''such subsection''.

Subsec. (e)(3). Pub. L. 98-525, Sec. 1242(b)(5)(C), substituted

''at the end of a period of 30 days of continuous session of

Congress (as determined under section 7307(b)(2) of this title)

beginning on the date -

''(A) on which Congress receives the report of the Secretary

concerned under paragraph (1) or (2)(B)(ii) with respect to that

program, in the case of a determination of a more than 15 percent

increase (as determined in subsection (d)); or

''(B) on which Congress has received both the report of the

Secretary concerned under paragraph (1) or (2)(B)(ii) and the

certification of the Secretary of Defense under paragraph

(2)(B)(i) with respect to that program, in the case of a more

than 25 percent increase (as determined under subsection (d)).'',

for ''in the case of a program to which it would otherwise apply

if, after such prohibition has taken effect, the Committees on

Armed Services of the Senate and House of Representatives waive the

prohibition with respect to such program.''

Subsec. (g)(1)(I). Pub. L. 98-525, Sec. 1242(b)(6)(A),

substituted ''The type of the Baseline Report (under subsection

(a)(4)) and the date of the Baseline Report'' for ''The date of the

baseline Selected Acquisition Report''.

Subsec. (g)(1)(K). Pub. L. 98-525, Sec. 1242(b)(6)(B), required

the report to include the procurement unit cost for the succeeding

fiscal year expressed in constant base-year dollars and in current

year dollars.

1983 - Subsec. (g)(2). Pub. L. 98-94 substituted ''procurement''

for ''procurment''.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-180 applicable as if included in

enactment of the Goldwater-Nichols Department of Defense

Reorganization Act of 1986, Pub. L. 99-433, see section 1314(e) of

Pub. L. 100-180, set out as a note under section 743 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661

effective Jan. 1, 1987, see section 101(c) (Sec. 961(c)) of Pub. L.

99-500 and Pub. L. 99-591, and section 961(c) of Pub. L. 99-661,

set out as a note under section 2432 of this title.

EFFECTIVE DATE

Section effective Jan. 1, 1983, and applicable beginning with

respect to reports for first quarter of fiscal year 1983, see

section 1107(c) of Pub. L. 97-252, set out as a note under section

2432 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2435 of this title.

-CITE-

10 USC Sec. 2434 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

-HEAD-

Sec. 2434. Independent cost estimates; operational manpower

requirements

-STATUTE-

(a) Requirement for Approval. - The Secretary of Defense may not

approve the system development and demonstration, or the production

and deployment, of a major defense acquisition program unless an

independent estimate of the full life-cycle cost of the program and

a manpower estimate for the program have been considered by the

Secretary.

(b) Regulations. - The Secretary of Defense shall prescribe

regulations governing the content and submission of the estimates

required by subsection (a). The regulations shall require -

(1) that the independent estimate of the full life-cycle cost

of a program -

(A) be prepared -

(i) by an office or other entity that is not under the

supervision, direction, or control of the military

department, Defense Agency, or other component of the

Department of Defense that is directly responsible for

carrying out the development or acquisition of the program;

or

(ii) if the decision authority for the program has been

delegated to an official of a military department, Defense

Agency, or other component of the Department of Defense, by

an office or other entity that is not directly responsible

for carrying out the development or acquisition of the

program; and

(B) include all costs of development, procurement, military

construction, and operations and support, without regard to

funding source or management control; and

(2) that the manpower estimate include an estimate of the total

number of personnel required -

(A) to operate, maintain, and support the program upon full

operational deployment; and

(B) to train personnel to carry out the activities referred

to in subparagraph (A).

-SOURCE-

(Added Pub. L. 98-94, title XII, Sec. 1203(a)(1), Sept. 24, 1983,

97 Stat. 682, Sec. 139c; renumbered Sec. 2434 and amended Pub. L.

99-433, title I, Sec. 101(a)(5), 110(d)(15), (g)(9), Oct. 1, 1986,

100 Stat. 995, 1003, 1004; Pub. L. 99-661, div. A, title XII, Sec.

1208(a)-(c)(1), Nov. 14, 1986, 100 Stat. 3975; Pub. L. 100-26, Sec.

7(b)(5), Apr. 21, 1987, 101 Stat. 279; Pub. L. 100-180, div. A,

title XIII, Sec. 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub. L.

100-456, div. A, title V, Sec. 525, Sept. 29, 1988, 102 Stat.

1975; Pub. L. 102-190, div. A, title VIII, Sec. 801(a), (b)(1),

Dec. 5, 1991, 105 Stat. 1412; Pub. L. 103-355, title III, Sec.

3004, Oct. 13, 1994, 108 Stat. 3330; Pub. L. 104-106, div. A,

title VIII, Sec. 814, Feb. 10, 1996, 110 Stat. 395; Pub. L.

107-107, div. A, title VIII, Sec. 821(a), Dec. 28, 2001, 115 Stat.

1181.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 substituted ''system

development and demonstration'' for ''engineering and manufacturing

development''.

1996 - Subsec. (b)(1)(A). Pub. L. 104-106 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: ''be

prepared by an office or other entity that is not under the

supervision, direction, or control of the military department,

Defense Agency, or other component of the Department of Defense

that is directly responsible for carrying out the development or

acquisition of the program; and''.

1994 - Subsec. (a). Pub. L. 103-355, Sec. 3004(b), substituted

''engineering and manufacturing development'' for ''full-scale

engineering development'' and ''full life-cycle cost of the program

and a manpower estimate for the program have'' for ''cost of the

program, together with a manpower estimate, has''.

Subsec. (b). Pub. L. 103-355, Sec. 3004(a), amended subsec. (b)

generally. Prior to amendment, subsec. (b) defined ''independent

estimate'', ''cost of the program'', and ''manpower estimate''.

1991 - Subsec. (a). Pub. L. 102-190, Sec. 801(a), substituted

''unless an independent estimate of the cost of the program,

together with a manpower estimate, has been considered by the

Secretary.'' for ''unless -

''(1) an independent estimate of the cost of the program is

first submitted to (and considered by) the Secretary; and

''(2) the Secretary submits a manpower estimate of the program

to the Committees on Armed Services of the Senate and the House

of Representatives at least 30 days in advance of such

approval.''

Subsecs. (b), (c). Pub. L. 102-190, Sec. 801(b)(1), redesignated

subsec. (c) as (b) and struck out former subsec. (b) which read as

follows:

''(b) Exceptions. - (1) Subsection (a)(2) shall not apply during

time of war or during a national emergency declared by Congress or

the President.

''(2) The 30-day period specified in subsection (a)(2) shall be

reduced to 10 days in the case of a major defense acquisition

program if the manpower estimate submitted by the Secretary of

Defense under subsection (a)(2) with respect to that program

indicates that no increase in military or civilian personnel end

strengths described in subsection (c)(3)(B) will be required.''

1988 - Subsec. (a)(2). Pub. L. 100-456, Sec. 525(1), substituted

''30 days'' for ''90 days''.

Subsec. (b). Pub. L. 100-456, Sec. 525(3), added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 100-456, Sec. 525(2), redesignated subsec.

(b) as (c), and in par. (3)(A), substituted ''in total personnel or

in'' for ''both in total personnel and''.

1987 - Pub. L. 100-180 made technical amendment to directory

language of Pub. L. 99-433, Sec. 101(a)(5). See 1986 Amendment note

below.

Subsec. (b). Pub. L. 100-26 redesignated pars. (2) to (4) as (1)

to (3), respectively, and struck out former par. (1) which defined

''major defense acquisition program''.

1986 - Pub. L. 99-433, Sec. 101(a)(5), as amended by Pub. L.

100-180, Sec. 1314(a)(1), renumbered section 139c of this title as

this section.

Pub. L. 99-661, Sec. 1208(c)(1), substituted ''Independent cost

estimates; operational manpower requirements'' for ''Independent

cost estimates'' in section catchline.

Pub. L. 99-433, Sec. 110(d)(15), substituted ''Independent cost

estimates'' for ''Major defense acquisition programs: independent

cost estimates'' in section catchline.

Subsec. (a). Pub. L. 99-661, Sec. 1208(a), inserted heading,

designated existing provisions as par. (1), and added par. (2).

Subsec. (b). Pub. L. 99-661, Sec. 1208(b)(1), inserted heading.

Subsec. (b)(1). Pub. L. 99-661, Sec. 1208(b)(2), substituted

''The term 'Major'' for '' 'Major''.

Pub. L. 99-433, Sec. 110(g)(9), substituted ''section

2432(a)(1)'' for ''section 139a(a)(1)''.

Subsec. (b)(2). Pub. L. 99-661, Sec. 1208(b)(3), substituted

''The term 'independent'' for '' 'Independent''.

Subsec. (b)(3). Pub. L. 99-661, Sec. 1208(b)(4), substituted

''The term 'cost'' for '' 'Cost''.

Subsec. (b)(4). Pub. L. 99-661, Sec. 1208(b)(5), added par. (4).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-180 applicable as if included in

enactment of the Goldwater-Nichols Department of Defense

Reorganization Act of 1986, Pub. L. 99-433, see section 1314(e) of

Pub. L. 100-180, set out as a note under section 743 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1208(d) of Pub. L. 99-661 provided that: ''The amendments

made by this section (amending this section) shall apply to

approvals of full-scale engineering development and to approvals of

production and deployment of major defense acquisition programs

made after December 31, 1986.''

EFFECTIVE DATE

Section 1203(b) of Pub. L. 98-94 provided that: ''Section 139c

(now 2434) of title 10, United States Code, as added by subsection

(a), shall take effect on October 1, 1983.''

REPORT TO CONGRESS ON USE OF INDEPENDENT COST ESTIMATES IN

PLANNING, PROGRAMING, BUDGETING, AND SELECTION FOR MAJOR DEFENSE

ACQUISITION PROGRAMS

Pub. L. 99-145, title IX, Sec. 952, Nov. 8, 1985, 99 Stat. 701,

directed Secretary of Defense, not later than Apr. 1, 1986, to

submit to Congress a report on the continued use of independent

cost estimates in the planning, programing, budgeting, and

selection process for major defense acquisition programs of the

Department.

Section 1203(c) of Pub. L. 98-94 directed Secretary of Defense,

not later than May 1, 1984, to submit a written report to Congress

on use of independent cost estimates in planning, programing,

budgeting, and selection process for major defense acquisition

programs in Department, such report to include an overall

assessment of extent to which such estimates were adopted by

Department in making decisions on the FY 1985 budget and a general

explanation of why such estimates might have been modified or

rejected, and a discussion of current and future initiatives to

make greater or more productive use of independent cost estimates

in the Department.

ALLOCATION OF ADEQUATE PERSONNEL AND FINANCIAL RESOURCES IN

DEVELOPING OR ASSESSING INDEPENDENT ESTIMATES OF COSTS

Section 1203(d) of Pub. L. 98-94 provided that: ''It is the sense

of the Congress that the Secretary of Defense should ensure that

adequate personnel and financial resources are allocated at all

levels of the Department of Defense to those organizations or

offices charged with developing or assessing independent estimates

of the costs of major defense acquisition programs.''

-CITE-

10 USC Sec. 2435 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

-HEAD-

Sec. 2435. Baseline description

-STATUTE-

(a) Baseline Description Requirement. - (1) The Secretary of a

military department shall establish a baseline description for each

major defense acquisition program under the jurisdiction of such

Secretary.

(2) The baseline shall include sufficient parameters to describe

the cost estimate (referred to as the ''Baseline Estimate'' in

section 2433 of this title), schedule, performance, supportability,

and any other factor of such major defense acquisition program.

(b) Funding Limit. - No amount appropriated or otherwise made

available to the Department of Defense for carrying out a major

defense acquisition program may be obligated after the program

enters system development and demonstration without an approved

baseline description unless such obligation is specifically

approved by the Under Secretary of Defense for Acquisition,

Technology, and Logistics.

(c) Schedule. - A baseline description for a major defense

acquisition program shall be prepared under this section -

(1) before the program enters system development and

demonstration;

(2) before the program enters production and deployment; and

(3) before the program enters full rate production.

(d) Regulations. - The Secretary of Defense shall prescribe

regulations governing the following:

(1) The content of baseline descriptions under this section.

(2) The submission to the Secretary of the military department

concerned and the Under Secretary of Defense for Acquisition,

Technology, and Logistics by the program manager for a program

for which there is an approved baseline description under this

section of reports of deviations from the baseline of the cost,

schedule, performance, supportability, or any other factor of the

program.

(3) Procedures for review of such deviation reports within the

Department of Defense.

(4) Procedures for submission to, and approval by, the

Secretary of Defense of revised baseline descriptions.

-SOURCE-

(Added Pub. L. 99-500, Sec. 101(c) (title X, Sec. 904(a)(1)), Oct.

18, 1986, 100 Stat. 1783-82, 1783-133, and Pub. L. 99-591, Sec.

101(c) (title X, Sec. 904(a)(1)), Oct. 30, 1986, 100 Stat. 3341-82,

3341-133; Pub. L. 99-661, div. A, title IX, formerly title IV,

Sec. 904(a)(1), Nov. 14, 1986, 100 Stat. 3912, renumbered title IX,

Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; amended

Pub. L. 100-26, Sec. 7(b)(6), Apr. 21, 1987, 101 Stat. 280; Pub. L.

100-180, div. A, title VIII, Sec. 803(a), Dec. 4, 1987, 101 Stat.

1125; Pub. L. 100-370, Sec. 1(i)(1), July 19, 1988, 102 Stat. 848;

Pub. L. 100-456, div. A, title XII, Sec. 1233(l)(4), Sept. 29,

1988, 102 Stat. 2058; Pub. L. 101-189, div. A, title VIII, Sec.

811(b), Nov. 29, 1989, 103 Stat. 1493; Pub. L. 101-510, div. A,

title XII, Sec. 1207(b), title XIV, Sec. 1484(k)(11), Nov. 5, 1990,

104 Stat. 1665, 1719; Pub. L. 103-160, div. A, title IX, Sec.

904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103-355, title

III, Sec. 3005(a), Oct. 13, 1994, 108 Stat. 3330; Pub. L. 107-107,

div. A, title VIII, Sec. 821(d), title X, Sec. 1048(b)(2), Dec.

28, 2001, 115 Stat. 1182, 1225.)

-MISC1-

HISTORICAL AND REVISION NOTES

1988 ACT

Subsection (c) is based on Pub. L. 98-525, title XII, Sec. 1243,

Oct. 19, 1984, 98 Stat. 2609, as amended by Pub. L. 100-26, Sec.

110(a)(1), Apr. 21, 1987, 101 Stat. 288.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 added

identical sections.

-MISC3-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-107, Sec. 821(d)(1), 1048(b)(2),

substituted ''system development and demonstration'' for

''engineering and manufacturing development'' and ''Under Secretary

of Defense for Acquisition, Technology, and Logistics'' for ''Under

Secretary of Defense for Acquisition and Technology''.

Subsec. (c)(1). Pub. L. 107-107, Sec. 821(d)(2)(A), substituted

''system development and demonstration'' for ''demonstration and

validation''.

Subsec. (c)(2). Pub. L. 107-107, Sec. 821(d)(2)(B), substituted

''production and deployment'' for ''engineering and manufacturing

development''.

Subsec. (c)(3). Pub. L. 107-107, Sec. 821(d)(2)(C), substituted

''full rate production'' for ''production and deployment''.

Subsec. (d)(2). Pub. L. 107-107, Sec. 1048(b)(2), substituted

''Under Secretary of Defense for Acquisition, Technology, and

Logistics'' for ''Under Secretary of Defense for Acquisition and

Technology''.

1994 - Pub. L. 103-355 amended section generally. Prior to

amendment, section related to enhanced program stability.

1993 - Subsec. (b)(2)(B). Pub. L. 103-160 substituted ''Under

Secretary of Defense for Acquisition and Technology'' for ''Under

Secretary of Defense for Acquisition''.

1990 - Subsec. (b)(1). Pub. L. 101-510, Sec. 1484(k)(11), struck

out closing parenthesis after ''such Secretary'' in introductory

provisions.

Subsec. (c). Pub. L. 101-510, Sec. 1207(b), struck out subsec.

(c) which read as follows: ''Stability of Program Managers. - (1)

The tour of duty of an officer of the armed forces as a program

manager of a major defense acquisition program shall be (A) not

less than four years, or (B) until completion of a major program

milestone (as defined in regulations prescribed by the Secretary of

Defense).

''(2) The Secretary of the military department concerned may

waive the length of the tour of duty prescribed in paragraph (1).

The authority under the preceding sentence may not be delegated.''

1989 - Subsec. (a)(2)(B)(iv). Pub. L. 101-189, Sec. 811(b)(1),

substituted ''production'' for ''development''.

Subsec. (b)(1). Pub. L. 101-189, Sec. 811(b)(2)(A), substituted

''service acquisition executive designated by such Secretary'' for

''senior procurement executive of such military department

(designated pursuant to section 16(3) of the Office of Federal

Procurement Policy Act (41 U.S.C. 414(3))''.

Subsec. (b)(2). Pub. L. 101-189, Sec. 811(b)(2)(B), substituted

''180 days'' for ''90 days'' in introductory provisions.

1988 - Subsec. (b)(2). Pub. L. 100-456 clarified amendment by

Pub. L. 100-180, Sec. 803(a). See 1987 Amendment note below.

Subsec. (c). Pub. L. 100-370 added subsec. (c).

1987 - Subsec. (b)(2). Pub. L. 100-180, as amended by Pub. L.

100-456, substituted ''under paragraph (1), and for which the total

cost of completion of the stage will exceed by 15 percent or more,

in the case of a development stage, or by 5 percent or more, in the

case of a production stage, the amount specified in the baseline

description established under subsection (a) for such stage; or any

milestone specified in such baseline description will be missed by

more than 90 days'' for first reference to ''under paragraph (1)''.

Subsec. (c). Pub. L. 100-26, Sec. 7(b)(6), struck out subsec. (c)

which defined ''major defense acquisition program''.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 1207(b) of Pub. L. 101-510 provided that the amendment

made by that section is effective Oct. 1, 1991.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 applicable as if included in the

enactment of Pub. L. 100-180, see section 1233(l)(5) of Pub. L.

100-456 set out as a note under section 2366 of this title.

EFFECTIVE DATE

Section 101(c) (title IX, Sec. 904(b)) of Pub. L. 99-500 and Pub.

L. 99-591, and section 904(b) of title IX, formerly title IV, of

Pub. L. 99-661, renumbered title IX, Pub. L. 100-26, Sec. 3(5),

Apr. 21, 1987, 101 Stat. 273, provided that: ''Section 2435 of

title 10, United States Code (as added by subsection (a)(1)), shall

apply to major defense acquisition programs that enter full-scale

engineering development or full-rate production after the date of

the enactment of this Act (Oct. 18, 1986).''

REVIEW OF ACQUISITION PROGRAM CYCLE

Section 5002(a) of Pub. L. 103-355 provided that: ''The Secretary

of Defense shall review the regulations of the Department of

Defense to ensure that acquisition program cycle procedures are

focused on achieving the goals that are consistent with the program

baseline description established pursuant to section 2435 of title

10, United States Code.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1734, 2433 of this title.

-CITE-

10 USC Sec. 2436, 2437 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

-HEAD-

(Sec. 2436, 2437. Repealed. Pub. L. 103-160, div. A, title VIII,

Sec. 821(a)(5), Nov. 30, 1993, 107 Stat. 1704)

-MISC1-

Section 2436, added Pub. L. 99-500, Sec. 101(c) (title X, Sec.

905(a)(1)), Oct. 18, 1986, 100 Stat. 1783-82, 1783-134, and Pub. L.

99-591, Sec. 101(c) (title X, Sec. 905(a)(1)), Oct. 30, 1986, 100

Stat. 3341-82, 3341-134; Pub. L. 99-661, div. A, title IX,

formerly title IV, Sec. 905(a)(1), Nov. 14, 1986, 100 Stat. 3914;

renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101

Stat. 273; amended Pub. L. 100-26, Sec. 7(b)(7), Apr. 21, 1987, 101

Stat. 280; Pub. L. 100-180, div. A, title VIII, Sec. 803(c), title

XII, Sec. 1231(14), Dec. 4, 1987, 101 Stat. 1125, 1160; Pub. L.

101-510, div. A, title XIV, Sec. 1484(h)(4), Nov. 5, 1990, 104

Stat. 1718, related to establishment and conduct of the defense

enterprise program.

Section 2437, added Pub. L. 99-500, Sec. 101(c) (title X, Sec.

906(a)(1)), Oct. 18, 1986, 100 Stat. 1783-82, 1783-135, and Pub. L.

99-591, Sec. 101(c) (title X, Sec. 906(a)(1)), Oct. 30, 1986, 100

Stat. 3341-82, 3341-135; Pub. L. 99-661, div. A, title IX,

formerly title IV, Sec. 906(a)(1), Nov. 14, 1986, 100 Stat. 3915;

renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101

Stat. 273; amended Pub. L. 100-26, Sec. 7(b)(8), Apr. 21, 1987, 101

Stat. 280; Pub. L. 100-180, div. A, title VIII, Sec. 803(b), Dec.

4, 1987, 101 Stat. 1125; Pub. L. 100-224, Sec. 5(a)(3), Dec. 30,

1987, 101 Stat. 1538, related to designation of defense enterprise

programs for milestone authorization.

-CITE-

10 USC Sec. 2438, 2439 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

-HEAD-

(Sec. 2438, 2439. Repealed. Pub. L. 103-355, title III, Sec.

3006(a), 3007(a), Oct. 13, 1994, 108 Stat. 3331)

-MISC1-

Section 2438, added Pub. L. 102-484, div. A, title VIII, Sec.

821(a)(1)(B), Oct. 23, 1992, 106 Stat. 2459; amended Pub. L.

103-160, div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107

Stat. 1728, required competitive prototyping of major weapon

systems and subsystems prior to development under major defense

acquisition program.

Provisions similar to those in section 2438 were contained in

section 2365 of this title, prior to repeal by Pub. L. 102-484,

Sec. 821(c)(1).

A prior section 2438 was renumbered section 2439 of this title.

Section 2439, added Pub. L. 99-145, title IX, Sec. 912(a)(1),

Nov. 8, 1985, 99 Stat. 685, Sec. 2305a; amended Pub. L. 99-433,

title I, Sec. 110(g)(3), Oct. 1, 1986, 100 Stat. 1004; renumbered

Sec. 2438 and amended Pub. L. 100-26, Sec. 7(b)(9)(A), (k)(2), Apr.

21, 1987, 101 Stat. 280, 284; Pub. L. 101-510, div. A, title VIII,

Sec. 805, Nov. 5, 1990, 104 Stat. 1591; renumbered Sec. 2439, Pub.

L. 102-484, div. A, title VIII, Sec. 821(a)(1)(A), Oct. 23, 1992,

106 Stat. 2459, directed Secretary of Defense, before full-scale

development under major program began, to prepare acquisition

strategy which ensured that contracts for each major program,

including each major subsystem under program, were awarded in

accordance with acquisition strategy, and granted Secretary option

of using competitive alternative sources for major programs and

major subsystems throughout period.

-CITE-

10 USC Sec. 2440 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 144 - MAJOR DEFENSE ACQUISITION PROGRAMS

-HEAD-

Sec. 2440. Technology and Industrial Base Plans

-STATUTE-

The Secretary of Defense shall prescribe regulations requiring

consideration of the national technology and industrial base in the

development and implementation of acquisition plans for each major

defense acquisition program.

-SOURCE-

(Added Pub. L. 102-484, div. D, title XLII, Sec. 4216(b)(1), Oct.

23, 1992, 106 Stat. 2669.)

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