
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2430]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
             CHAPTER 144--MAJOR DEFENSE ACQUISITION PROGRAMS
 
Sec. 2430. Major defense acquisition program defined

    (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.

(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.)


                               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).


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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 139, 1621, 1733, 1737, 2433 
of this title.
