§ 2435. Baseline Description

     (a) Baseline Description Requirement.—(1) The Secretary of a military department shall establish a baseline description for each major defense acquisition 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.

     (b) Funding Limit.—No amount appropriated or otherwise made available to the Department of Defense for carrying out a major defense acquisition program may be obligated after the program enters engineering and manufacturing development 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 shall be prepared under this section—

     (1) before the program enters demonstration and validation;

     (2) before the program enters engineering and manufacturing development; and

     (3) before the program enters production and deployment.

     (d) 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 under this section of reports of deviations from the baseline of the cost, schedule, performance, supportability, or any other factor of the program.

     (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. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717.)

     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. 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.

     1999—Subsecs. (b), (d)(2). Pub. L. 106–65 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".

     Section 1207(b) of Pub. L. 101–510 provided that the amendment made by that section is effective Oct. 1, 1991.

     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.

     Section 101(c) [title IX, § 904(b)] of Pub. L. 99–500 and Pub. L. 99–591, and section 904(b) of title IX, formerly title IV, of Pub. L. 99–661, 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]."

     Section 5002(a) of Pub. L. 103–355 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."

     This section is referred to in sections 1734, 2433 of this title.