
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(b)(2)]
[Document affected by Public Law 107-107 Section 821(d)]
[CITE: 10USC2435]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
             CHAPTER 144--MAJOR DEFENSE ACQUISITION PROGRAMS
 
Sec. 2435. Baseline description

    (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 
engineering and manufacturing development 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 demonstration and validation;
        (2) before the program enters engineering and manufacturing 
    development; and
        (3) before the program enters production and deployment.

    (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.

(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. 
106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717.)


                      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.

                          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.


                               Amendments

    1999--Subsecs. (b), (d)(2). Pub. L. 106-65 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1734, 2433 of this title.
