dreamproit/uscode huggingface dataset:
10 U.S.C. § 4351 (ARMED FORCES)
§ 4351. Selected acquisition reports: definitions
In this section:
(1) Program acquisition unit cost.—
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) Procurement unit cost.—
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) Major contract.—
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) Full life-cycle cost.—
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.
10 U.S.C. § 4352 (ARMED FORCES)
§ 4352. Selected acquisition reports: requirement for quarterly reports
(a) In General.—
(1) The Secretary of Defense shall submit to Congress at the end of each fiscal-year quarter a report on—
(A) current major defense acquisition programs; and
(B) any program that is estimated by the Secretary of Defense to require—
(i) an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars); or
(ii) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,800,000,000 (based on fiscal year 1990 constant dollars).
(2) Except as provided in subsections (b) and (c), 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.
(3) Reports under this chapter shall be known as Selected Acquisition Reports.
(b) Reports Not Required for 2d, 3d, and 4th Quarters for Certain Programs.—
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—
(1) less than a 15 percent increase in program acquisition unit cost and current procurement unit cost for the program (or for each designated subprogram under the program); and
(2) less than a six-month delay in any program schedule milestone shown in the Selected Acquisition Report.
(c) Secretary of Defense Waiver Authority.—
(1) Authority.—
The Secretary of Defense may waive the requirement for submission of Selected Acquisition Reports for a program for a fiscal year if—
(A) the program has not entered system development and demonstration;
(B) a reasonable cost estimate has not been established for such program; and
(C) the system configuration for such program is not well defined.
(2) Notification to congressional committees.—
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 paragraph (1) 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.
10 U.S.C. § 4354 (ARMED FORCES)
§ 4354. Selected acquisition reports for 2d, 3d, and 4th quarters
(a) Contingent Required Content.—
Each Selected Acquisition Report for the second, third, and fourth quarters of a fiscal year shall include—
(1) with respect to each major defense acquisition program that was included in the most recent comprehensive annual Selected Acquisition Report, the information described in section 4355 of this title; and
(2) 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 section 4353 of this title.
(b) Reference to 2d, 3d, and 4th Quarters SARS as Quarterly SARS.—
Selected Acquisition Reports for the second, third, and fourth quarters of a fiscal year shall be known as Quarterly Selected Acquisition Reports.
10 U.S.C. § 4355 (ARMED FORCES)
§ 4355. Selected acquisition reports: quarterly SAR report content
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 for the program (or for each designated major subprogram under the program).
(4) The current procurement cost for the program.
(5) The current procurement unit cost for the program (or for each designated major subprogram under 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 reasons for any significant changes (from the previous Selected Acquisition Report) in the total program cost for development and procurement of the software component of the program or subprogram, schedule milestones for the software component of the program or subprogram, or expected performance for the software component of the program or subprogram that are known, expected, or anticipated by the program manager.
(8) The major contracts under the program and designated major subprograms under the program and the reasons for any cost or schedule variances under those contracts since the last Selected Acquisition Report.
(9) Program highlights since the last Selected Acquisition Report.
10 U.S.C. § 4356 (ARMED FORCES)
§ 4356. Selected acquisition reports: time for submission to Congress; form of report
(a) Time for Submission.—
Each comprehensive annual Selected Acquisition Report shall be submitted within 30 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.
(b) Form of Report.—
A Selected Acquisition Report required under this chapter shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.
10 U.S.C. § 4357 (ARMED FORCES)
§ 4357. Selected acquisition reports: termination of requirements with respect to a program or subprogram
The requirements of this chapter with respect to a major defense acquisition program or designated major subprogram shall cease to apply after 90 percent of the items to be delivered to the United States under the program or subprogram (shown as the total quantity of items to be purchased under the program or subprogram in the most recent Selected Acquisition Report) have been delivered or 90 percent of planned expenditures under the program or subprogram have been made.
10 U.S.C. § 4358 (ARMED FORCES)
§ 4358. Selected acquisition reports: when total program reporting begins; limited reports before approval to proceed to system development and demonstration
(a) In General.—
(1) Commencement of total program reporting.—
Total program reporting under this chapter shall apply to a major defense acquisition program when funds have been appropriated for such program and the Secretary of Defense has decided to proceed to system development and demonstration of such program.
(2) Limited reports.—
Reporting may be limited to the development program as provided in subsection (b) 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 section not less than 15 days before a report is due under this chapter.
(b) Content of Limited Reports.—
A limited report under this section shall include the following:
(1) The same information, in detail and summarized form, as is provided in reports submitted under subsections (b)(1) and (b)(3) of section 4205 of this title.
(2) Reasons for any change in the development cost and schedule.
(3) The major contracts under the development program and designated major subprograms under the program and the reasons for any cost or schedule variances under those contracts since the last Selected Acquisition Report.
(4) Program highlights since the last Selected Acquisition Report.
(5) Other information as the Secretary of Defense considers appropriate.
(c) Submission of Limited Reports.—
The submission requirements for a limited report under this section shall be the same as for quarterly Selected Acquisition Reports for total program reporting.
10 U.S.C. § 4372 (ARMED FORCES)
§ 4372. Unit cost reports: quarterly report from program manager to service acquisition executive
(a) Required Reports.—
(1) Requirement.—
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 4352(c) 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 (or of each designated major subprogram under the program).
(2) Time for submittal.—
Each report shall be submitted not more than 30 calendar days after the end of that quarter.
(b) Matter to Be Included in Unit Cost Reports.—
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 for the program (or for each designated major subprogram under the program).
(2) In the case of a procurement program, the procurement unit cost for the program (or for each designated major subprogram under the program).
(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 4214 of this title that are known, expected, or anticipated by the program manager.
(5) Any significant changes in the total program cost for development and procurement of the software component of the program or subprogram, schedule milestones for the software component of the program or subprogram, or expected performance for the software component of the program or subprogram that are known, expected, or anticipated by the program manager.
10 U.S.C. § 4373 (ARMED FORCES)
§ 4373. Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold
If the program manager of a major defense acquisition program for which a unit cost report has previously been submitted under section 4372 of this title determines at any time during a quarter that there is reasonable cause to believe that the program acquisition unit cost for the program (or for a designated major subprogram under the program) or the procurement unit cost for the program (or for such a subprogram), as applicable, has increased by a percentage equal to or greater than the significant cost growth threshold; 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 section 4372 of this title.
10 U.S.C. § 4374 (ARMED FORCES)
§ 4374. Unit cost reports: determinations by service acquisition executive and secretary concerned of breach of significant cost growth threshold or critical cost growth threshold; reports to Congress
(a) Determination of Breach by Service Acquisition Executive.—
When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this chapter with respect to a major defense acquisition program or any designated major subprogram under the program, the service acquisition executive shall determine whether the current program acquisition unit cost for the program or subprogram has increased by a percentage equal to or greater than the significant cost growth threshold, or the critical cost growth threshold, for the program or subprogram.
(b) Additional Determination by Service Acquisition Executive When Program or Subprogram Is a Procurement Program.—
When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this chapter with respect to a major defense acquisition program or any designated major subprogram under the program that is a procurement program, the service acquisition executive, in addition to the determination under subsection (a), shall determine whether the procurement unit cost for the program or subprogram has increased by a percentage equal to or greater than the significant cost growth threshold, or the critical cost growth threshold, for the program or subprogram.
(c) Determination of Breach by Secretary Concerned; Notification to Congress.—
(1) In general.—
If, based upon the service acquisition executive’s determination, the Secretary concerned determines that the current program acquisition unit cost has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold or that the procurement unit cost has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold, the Secretary shall notify Congress in writing of such determination and of the increase with respect to the program or subprogram concerned.
(2) Time for submission of notification to congress.—
In the case of a determination based on a quarterly report submitted in accordance with section 4372 of this title, 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 section 4373 of this title, the Secretary shall submit the notification to Congress within 45 days after the date of that report.
(3) Inclusion of date of determination.—
The Secretary shall include in the notification the date on which the determination was made.
10 U.S.C. § 4403 (ARMED FORCES)
§ 4403. Requirements relating to availability of major system interfaces and support for modular open system approach
The Secretary of each military department shall—
(1) coordinate with the other military departments, the defense agencies, defense and other private sector entities, national standards-setting organizations, and, when appropriate, with elements of the intelligence community with respect to the specification, identification, development, and maintenance of major system interfaces and standards for use in major system platforms, where practicable;
(2) ensure that major system interfaces incorporate commercial standards and other widely supported consensus-based standards that are validated, published, and maintained by recognized standards organizations to the maximum extent practicable;
(3) ensure that sufficient systems engineering and development expertise and resources are available to support the use of a modular open system approach in requirements development and acquisition program planning;
(4) ensure that necessary planning, programming, and budgeting resources are provided to specify, identify, develop, and sustain the modular open system approach, associated major system interfaces, systems integration, and any additional program activities necessary to sustain innovation and interoperability;
(5) ensure that adequate training in the use of a modular open system approach is provided to members of the requirements and acquisition workforce; and
(6) issue guidance to implement the requirements of this section.
10 U.S.C. § 4421 (ARMED FORCES)
§ 4421. Weapon system component or technology prototype projects: display of budget information
(a) Requirements for Budget Display.—
In the defense budget materials for any fiscal year, the Secretary of Defense shall, with respect to advanced component development and prototype activities (within the research, development, test, and evaluation budget), set forth the amounts requested for each of the following:
(1) Acquisition programs of record.
(2) Development, prototyping, and experimentation of weapon system components or other technologies, including those based on commercial products and technologies, separate from acquisition programs of record.
(3) Other budget line items as determined by the Secretary of Defense.
(b) Additional Requirements.—
For purposes of subsection (a)(2), the amounts requested for development, prototyping, and experimentation of weapon system components or other technologies shall be—
(1) structured into either capability, weapon system component, or technology portfolios that reflect the priority areas for prototype projects; and
(2) justified with general descriptions of the types of capability areas and technologies being funded or expected to be funded during the fiscal year concerned.
(c) Definitions.—
In this section, the terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title and the term “commercial product” has the meaning given that term in section 103 of title 41.
10 U.S.C. § 4423 (ARMED FORCES)
§ 4423. Requirements and limitations for weapon system component or technology prototype projects
(a) Limitation on Prototype Project Duration.—
A prototype project shall be completed within two years of its initiation.
(b) Merit-based Selection Process.—
A prototype project shall be selected by the service acquisition executive of the military department concerned through a merit-based selection process that identifies the most promising, innovative, and cost-effective prototypes that address one or more of the elements set forth in subsection (c)(1) of section 4422 of this title and are expected to be successfully demonstrated in a relevant environment.
(c) Type of Transaction.—
Prototype projects shall be funded through contracts, cooperative agreements, or other transactions.
(d) Funding Limit.—
(1) Each prototype project may not exceed a total amount of $10,000,000 (based on fiscal year 2017 constant dollars), unless—
(A) the Secretary of the military department, or the Secretary’s designee, approves a larger amount of funding for the project, not to exceed $50,000,000; and
(B) the Secretary, or the Secretary’s designee, submits to the congressional defense committees, within 30 days after approval of such funding for the project, a notification that includes—
(i) the project;
(ii) expected funding for the project; and
(iii) a statement of the anticipated outcome of the project.
(2) The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in paragraph (1) on the basis of Department of Defense escalation rates.
(e) Related Prototype Authorities.—
Prototype projects that exceed the duration and funding limits established in this section shall be pursued under the rapid prototyping process established by section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). In addition, nothing in this subchapter shall affect the authority to carry out prototype projects under section 4003 or any other section of this title related to prototyping.
10 U.S.C. § 4424 (ARMED FORCES)
§ 4424. Mechanisms to speed deployment of successful weapon system component or technology prototypes
(a) Selection of Prototype Project for Production and Rapid Fielding.—
A weapon system component or technology prototype project may be selected by the service acquisition executive of the military department concerned for a follow-on production contract or other transaction without the use of competitive procedures, notwithstanding the requirements of sections 3201 through 3205 of this title, if—
(1) the follow-on production project addresses a high priority warfighter need or reduces the costs of a weapon system;
(2) competitive procedures were used for the selection of parties for participation in the original prototype project;
(3) the participants in the original prototype project successfully completed the requirements of the project; and
(4) a prototype of the system to be procured was demonstrated in a relevant environment.
(b) Special Transfer Authority.—
(1) The Secretary of a military department may, as specified in advance by appropriations Acts, transfer funds that remain available for obligation in procurement appropriation accounts of the military department to fund the low-rate initial production of the rapid fielding project until required funding for full-rate production can be submitted and approved through the regular budget process of the Department of Defense.
(2) The funds transferred under this subsection to fund the low-rate initial production of a rapid fielding project shall be for a period not to exceed two years, the amount for such period may not exceed $50,000,000, and the special transfer authority provided in this subsection may not be used more than once to fund procurement of a particular new or upgraded system.
(3) The special transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.
(c) Notification to Congress.—
Within 30 days after the service acquisition executive of a military department selects a weapon system component or technology project for a follow-on production contract or other transaction, the service acquisition executive shall notify the congressional defense committees of the selection and provide a brief description of the rapid fielding project.