10-U.S.C.-2435
§2435 – Baseline Description
Pathway
Title 10 > Subtitle A > Part IV > Chapter 144 > Section 2435
Details
- Reference: Section 2435
- Legend: §2435 – Baseline Description
- USCode Year: 2013
Provision Content
(a) Baseline Description Requirement.—(1) The Secretary of a military department shall establish a baseline description for each major defense acquisition program and for each designated major subprogram under the 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 or designated major subprogram.
(b) Funding Limit.—No amount appropriated or otherwise made available to the Department of Defense for carrying out a major defense acquisition program or any designated major subprogram under the program may be obligated after the program or subprogram 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 or any designated major subprogram under the program shall be prepared under this section—
(1) before the program or subprogram enters system development and demonstration;
(2) before the program or subprogram enters production and deployment; and
(3) before the program or subprogram enters full rate production.
(d) Original Baseline Estimate.—(1) In this chapter, the term original Baseline Estimate, with respect to a major defense acquisition program or any designated major subprogram under the program, means the baseline description established with respect to the program or subprogram under subsection (a) prepared before the program or subprogram enters system development and demonstration, or at program or subprogram initiation, whichever occurs later, without adjustment or revision (except as provided in paragraph (2)).
(2) An adjustment or revision of the original baseline description of a major defense acquisition program or any designated major subprogram under the program may be treated as the original Baseline Estimate for the program or subprogram for purposes of this chapter only if the percentage increase in the program acquisition unit cost or procurement unit cost under such adjustment or revision exceeds the critical cost growth threshold for the program or subprogram under section 2433 of this title, as determined by the Secretary of the military department concerned under subsection (d) of such section.
(3) In the event of an adjustment or revision of the original baseline description of a major defense acquisition program or any designated major subprogram under the program, the Secretary of Defense shall include in the next Selected Acquisition Report to be submitted under section 2432 of this title after such adjustment or revision a notification to the congressional defense committees of such adjustment or revision, together with the reasons for such adjustment or revision.
(e) 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 (or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms) under this section of reports of deviations from any such baseline description of the cost, schedule, performance, supportability, or any other factor of the program or subprogram.
(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, §101(c) [title X, §904(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–133, and Pub. L. 99–591, §101(c) [title X, §904(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–133; Pub. L. 99–661, div. A, title IX, formerly title IV, §904(a)(1), Nov. 14, 1986, 100 Stat. 3912, renumbered title IX, Pub. L. 100–26, §3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 100–26, §7(b)(6), Apr. 21, 1987, 101 Stat. 280; Pub. L. 100–180, div. A, title VIII, §803(a), Dec. 4, 1987, 101 Stat. 1125; Pub. L. 100–370, §1(i)(1), July 19, 1988, 102 Stat. 848; Pub. L. 100–456, div. A, title XII, §1233(l)(4), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–189, div. A, title VIII, §811(b), Nov. 29, 1989, 103 Stat. 1493; Pub. L. 101–510, div. A, title XII, §1207(b), title XIV, §1484(k)(11), Nov. 5, 1990, 104 Stat. 1665, 1719; Pub. L. 103–160, div. A, title IX, §904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103–355, title III, §3005(a), Oct. 13, 1994, 108 Stat. 3330; Pub. L. 107–107, div. A, title VIII, §821(d), title X, §1048(b)(2), Dec. 28, 2001, 115 Stat. 1182, 1225; Pub. L. 109–163, div. A, title VIII, §802(d)(1), Jan. 6, 2006, 119 Stat. 3369; Pub. L. 109–364, div. A, title VIII, §806, Oct. 17, 2006, 120 Stat. 2315; Pub. L. 110–417, [div. A], title VIII, §811(d), Oct. 14, 2008, 122 Stat. 4524.)
Historical and Revision Notes
1988 Act
Subsection (c) is based on Pub. L. 98–525, title XII, §1243, Oct. 19, 1984, 98 Stat. 2609, as amended by Pub. L. 100–26, §110(a)(1), Apr. 21, 1987, 101 Stat. 288.
Codification
Pub. L. 110–417, §811(d)(2)(B), (3)(B), (4)(B)(i), which directed amendment of this section by inserting or subprogram after the program in subsec. (b) and after the program each place it appeared in subsecs. (c) and (d), was executed by making the insertions after the program each place it appeared in those subsecs. except after designated major subprogram under the program, to reflect the probable intent of Congress.
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
2008—Subsec. (a). Pub. L. 110–417, §811(d)(1), inserted and for each designated major subprogram under the program after major defense acquisition program in par. (1) and or designated major subprogram after major defense acquisition program in par. (2).
Subsec. (b). Pub. L. 110–417, §811(d)(2), inserted or any designated major subprogram under the program after major defense acquisition program and or subprogram after after the program. See Codification note above.
Subsec. (c). Pub. L. 110–417, §811(d)(3), inserted or any designated major subprogram under the program after major defense acquisition program in introductory provisions and or subprogram after the program in pars. (1) to (3). See Codification note above.
Subsec. (d). Pub. L. 110–417, §811(d)(4), inserted or any designated major subprogram under the program after major defense acquisition program wherever appearing, in par. (1), inserted or subprogram after to the program, before the program, and at program, and, in par. (2), inserted or subprogram after for the program in two places. See Codification note above.
Subsec. (e)(2). Pub. L. 110–417, §811(d)(5), inserted (or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms) after baseline description and or subprogram before period at end and substituted any such baseline description for the baseline.
2006—Subsec. (d). Pub. L. 109–163 added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 109–364 inserted prepared before the program enters system development and demonstration, or at program initiation, whichever occurs later after program under subsection (a).
Subsec. (e). Pub. L. 109–163 redesignated subsec. (d) as (e).
2001—Subsec. (b). Pub. L. 107–107, §§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, §821(d)(2)(A), substituted system development and demonstration for demonstration and validation.
Subsec. (c)(2). Pub. L. 107–107, §821(d)(2)(B), substituted production and deployment for engineering and manufacturing development.
Subsec. (c)(3). Pub. L. 107–107, §821(d)(2)(C), substituted full rate production for production and deployment.
Subsec. (d)(2). Pub. L. 107–107, §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, §1484(k)(11), struck out closing parenthesis after such Secretary in introductory provisions.
Subsec. (c). Pub. L. 101–510, §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, §811(b)(1), substituted production for development.
Subsec. (b)(1). Pub. L. 101–189, §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, §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, §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, §7(b)(6), struck out subsec. (c) which defined major defense acquisition program.
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–163 effective on Jan. 6, 2006, and applicable with respect to any major defense acquisition program for which an original Baseline Estimate is first established before, on, or after Jan. 6, 2006, see section 802(e) of Pub. L. 109–163, set out as a note under section 2433 of this title.
Effective Date of 1990 Amendment
Pub. L. 101–510, div. A, title XII, §1207(b), Nov. 5, 1990, 104 Stat. 1665, 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
Pub. L. 99–500, §101(c) [title X, §904(b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–134, and Pub. L. 99–591, §101(c) [title X, §904(b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–134, and Pub. L. 99–661, div. A, title IX, formerly title IV, §904(b), Nov. 14, 1986, 100 Stat. 3914, renumbered title IX, Pub. L. 100–26, §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
Pub. L. 103–355, title V, §5002(a), Oct. 13, 1994, 108 Stat. 3350, 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.
U.S. Encyclopedia of Law Coverage
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