Page:United States Statutes at Large Volume 120.djvu/2348

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2317

SEC. 812. PILOT PROGRAM ON TIME-CERTAIN DEVELOPMENT IN ACQUISITION OF MAJOR WEAPON SYSTEMS.

(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense may carry out a pilot program on the use of time-certain development in the acquisition of major weapon systems. (b) PURPOSE OF PILOT PROGRAM.—The purpose of the pilot program authorized by subsection (a) is to assess the feasibility and advisability of utilizing time-certain development in the acquisition of major weapon systems in order to deliver new capabilities to the warfighter more rapidly through— (1) disciplined decision-making; (2) emphasis on technological maturity; and (3) appropriate trade-offs between— (A) cost and system performance; and (B) program schedule. (c) INCLUSION OF SYSTEMS IN PILOT PROGRAM.— (1) IN GENERAL.—The Secretary of Defense may include a major weapon system in the pilot program only if— (A) the major weapon system meets the criteria under paragraph (2) in accordance with that paragraph; and (B) the Milestone Decision Authority nominates such program to the Secretary of Defense for inclusion in the program. (2) CRITERIA.—For purposes of paragraph (1) a major weapon system meets the criteria under this paragraph only if the Milestone Decision Authority determines, in consultation with the service acquisition executive for the military department carrying out the acquisition program for the system and one or more combatant commanders responsible for fielding the system, that— (A) the certification requirements of section 2366a of title 10, United States Code (as amended by section 805 of this Act), have been met, and no waivers have been granted from such requirements; (B) a preliminary design has been reviewed using systems engineering, and the system, as so designed, will meet battlefield needs identified by the relevant combatant commanders after appropriate requirements analysis; (C) a representative model or prototype of the system, or key subsystems, has been demonstrated in a relevant environment, such as a well-simulated operational environment; (D) an independent cost estimate has been conducted and used as the basis for funding requirements for the acquisition program for the system; (E) the budget of the military department responsible for carrying out the acquisition program for the system provides the funding necessary to execute the product development and production plan consistent with the requirements identified pursuant to subparagraph (D); (F) an appropriately qualified program manager has entered into a performance agreement with the Milestone Decision Authority that establishes expected parameters for the cost, schedule, and performance of the acquisition program for the system, consistent with a business case for such acquisition program;

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