Page:United States Statutes at Large Volume 99 Part 1.djvu/708

 99 STAT. 686

Defense and national security. Report.

10 USC 139a.

Research and development. 10 USC 139a.

PUBLIC LAW 99-145—NOV. 8, 1985 "(c)(1) In preparing an acquisition strategy for a major program, the Secretary may waive subsection (b) with respect to full-scale development of that program if the Secretary determines that the application of that subsection to full-scale development of that program— "(A) would not materially reduce the technological risks associated with the program; "(B) would not likely result in an improvement in design commensurate with the additional cost; "(C) would result in unacceptable delays in fulfilling the needs of the Department of Defense; or "(D) would be adverse to the national security interests of the United States. "(2) In preparing an acquisition strategy for a major program, the Secretary may waive the requirement of subsection (b) with respect to production under the program if the Secretary determines that the application of that subsection to production under the program— "(A) would increase the total cost for the program; "(B) would result in unacceptable delays in fulfilling the needs of the Department of Defense; or "(C) would be adverse to the national security interests of the United States. "(3) If the Secretary grants a waiver under paragraph (1) or (2), the report submitted under subsection (a) with respect to that program— "(A) shall include notice that the waiver has been made; and "(B) shall set forth the reasons for the waiver, together with supporting documentation of comparative cost and schedule estimates and other background material. "(4) The Secretary shall separately exercise the authority under paragraphs (1) and (2) for each major defense acquisition program. "(d) In this section: "(1) 'Major program' means a major defense acquisition program, as such term is defined in section 139a(a) of this title. "(2) 'Major subsystem', with respect to a major program, means a subsystem of the system developed under the program that is purchased directly by the United States and for which— "(A) the amount for research, development, test and evaluation is 10 percent or more of the amount specified in section 139a(a)(l)(B) of this title as the research, development, test and evaluation funding criterion for identification of a major defense acquisition program; or "(B) the amount for production is 10 percent or more of the amount specified in section 139a(a)(l)(B) of this title as the production funding criterion for identification of a major defense acquisition program.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2305 the following new item: "2305a. Major programs: competitive alternative sources."

10 USC 2305a note.

(b) EFFECTIVE DATE.—Section 2305a of title 10, United States Code, as added by subsection (a), shall apply with respect to major defense acquisition programs for which funds for full-scale development are first requested for a fiscal year after fiscal year 1986.

�