Page:United States Statutes at Large Volume 104 Part 3.djvu/242

 104 STAT. 1594 PUBLIC LAW 101-510—NOV. 5, 1990 (b) DESIGNATION OF PARTICIPATING PROGRAMS.— (1) Subject to paragraph (2), the Secretary may designate not more than six major defense acquisition programs for participation in the pilot program. (2) The Secretary may designate for participation in the pilot program only those major 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. (c) CONDUCT OF PILOT PROGRAM. —(1) In the case of each major 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 major defense acquisition program. (2) The waiver authority provided in paragraph (I)(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) DESIGNATION AS DEFENSE ENTERPRISE PROGRAM.— The Secretary shall designate each participating major defense acquisition program as a defense enterprise program under section 2436 of title 10, United States Code. The Secretary may waive the applicability of the requirement of this subsection or any provision of such section 2436 to any such acquisition program if he determines that such a waiver is necessary for the purpose of the pilot program. (e) REGULATIONS. —(1) Not later than 270 days after the date of the enactment of this Act, the Secretary shall publish proposed regulations to implement this section and an invitation for public comment on the proposed regulations. Not later than one year after such date, the Secretary shall promulgate final regulations to implement this section. (2)(A) The Secretary may not waive or limit the applicability of a law to a major defense acquisition progrgma under subsection (c)(l)(B) unless the Secretary first prescribes regulations specifying the wgiiver or limitation. (B) In the case of a waiver or limitation of the applicability of a requirement imposed by a statute, including a regulation prescribed to implement such statutory requirement, the following procedures shall apply: (i) The Secretary shall publish the proposed waiver or limiting regulations and provide an opportunity for public comment on the proposed regulations for a period of not less than 60 days.

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