2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part IV - SERVICE, SUPPLY, AND PROCUREMENT (§§ 2201 - 2925)
Chapter 144A - MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS (§§ 2445a - 2445d)
Section 2445c - Reports: quarterly reports; reports on program changes
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 144A - MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS Sec. 2445c - Reports: quarterly reports; reports on program changes |
Contains | section 2445c |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 109-364, div. A, title VIII, §816(a)(1), Oct. 17, 2006, 120 Stat. 2324; amended Pub. L. 110-417, [div. A], title VIII, §812(c), Oct. 14, 2008, 122 Stat. 4526; Pub. L. 111-23, title I, §101(d)(6), May 22, 2009, 123 Stat. 1710; Pub. L. 111-84, div. A, title VIII, §841(b), Oct. 28, 2009, 123 Stat. 2418; Pub. L. 112-81, div. A, title VIII, §811, Dec. 31, 2011, 125 Stat. 1491; Pub. L. 113-66, div. A, title X, §1092(b), (c), (d)(2), (e), Dec. 26, 2013, 127 Stat. 877, 878. |
Statutes at Large References | 120 Stat. 2324 122 Stat. 4526 123 Stat. 1710, 2418 125 Stat. 1491 127 Stat. 877 |
Public Law References | Public Law 109-364, Public Law 110-417, Public Law 111-23, Public Law 111-84, Public Law 112-81, Public Law 113-66 |
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(a)
(b)
(1) in the case of an automated information system or information technology investment to be acquired for a military department, the senior acquisition executive for the military department; or
(2) in the case of any other automated information system or information technology investment to be acquired for the Department of Defense or any component of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics.
(c)
(1)
(2)
(A) there has been a schedule change that will cause a delay of more than six months but less than a year in any program schedule milestone or significant event from the schedule originally submitted to Congress under paragraph (1) or (2) of section 2445b(b) of this title;
(B) the estimated total acquisition cost or full life-cycle cost for the program has increased by at least 15 percent, but less than 25 percent, over the original estimate submitted to Congress under paragraph (3) of section 2445b(b) of this title; or
(C) there has been a significant, adverse change in the expected performance of the major automated information system to be acquired under the program from the parameters originally submitted to Congress under paragraph (4) of section 2445b(b) of this title.
(d)
(1)
(A) carry out an evaluation of the program under subsection (e); and
(B) submit, through the Secretary of Defense, to the congressional defense committees a report meeting the requirements of subsection (f).
(2)
(3)
(A) the automated information system or information technology investment failed to achieve a full deployment decision within five years after the Milestone A decision for the program or, if there was no Milestone A decision, the date when the preferred alternative is selected for the program (excluding any time during which program activity is delayed as a result of a bid protest);
(B) there has been a schedule change that will cause a delay of one year or more in any program schedule milestone or significant event from the schedule originally submitted to Congress under paragraph (1) or (2) of section 2445b(b) of this title or section 2445b(d) of this title, as applicable;
(C) the estimated total acquisition cost or full life-cycle cost for the program has increased by 25 percent or more over the original estimate submitted to Congress under paragraph (3) of section 2445b(b) of this title or section 2445b(d) of this title, as applicable; or
(D) there has been a change in the expected performance of the major automated information system or major information technology investment to be acquired under the program that will undermine the ability of the system to perform the functions anticipated at the time information on the program was originally submitted to Congress under section 2445b(b) of this title or section 2445b(d) of this title, as applicable.
(e)
(1) the projected cost and schedule for completing the program if current requirements are not modified;
(2) the projected cost and schedule for completing the program based on reasonable modification of such requirements; and
(3) the rough order of magnitude of the cost and schedule for any reasonable alternative system or capability.
(f)
(1) the automated information system or information technology investment to be acquired under the program is essential to the national security or to the efficient management of the Department of Defense;
(2) there is no alternative to the system or information technology investment which will provide equal or greater capability at less cost;
(3) the new estimates of the costs, schedule, and performance parameters with respect to the program and system or information technology investment, as applicable, have been determined, with the concurrence of the Director of Cost Assessment and Program Evaluation, to be reasonable; and
(4) the management structure for the program is adequate to manage and control program costs.
(g)
(2) The prohibition on the obligation of funds for a program under paragraph (1) shall cease to apply on the date on which Congress has received a report under subsection (d)(1)(B).
(Added Pub. L. 109–364, div. A, title VIII, §816(a)(1), Oct. 17, 2006, 120 Stat. 2324; amended Pub. L. 110–417, [div. A], title VIII, §812(c), Oct. 14, 2008, 122 Stat. 4526; Pub. L. 111–23, title I, §101(d)(6), May 22, 2009, 123 Stat. 1710; Pub. L. 111–84, div. A, title VIII, §841(b), Oct. 28, 2009, 123 Stat. 2418; Pub. L. 112–81, div. A, title VIII, §811, Dec. 31, 2011, 125 Stat. 1491; Pub. L. 113–66, div. A, title X, §1092(b), (c), (d)(2), (e), Dec. 26, 2013, 127 Stat. 877, 878.)
AMENDMENTS2013—Subsec. (c)(2)(B). Pub. L. 113–66, §1092(d)(2)(A), substituted "total acquisition cost" for "program development cost".
Subsec. (d)(1). Pub. L. 113–66, §1092(b)(1), substituted "paragraph (3)" for "paragraph (2)" in introductory provisions.
Subsec. (d)(2). Pub. L. 113–66, §1092(b)(3), added par. (2). Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 113–66, §1092(b)(2), (d)(2)(B), redesignated par. (2) as (3) and substituted "total acquisition cost" for "program development cost" in subpar. (C).
Subsec. (g)(1). Pub. L. 113–66, §1092(c), substituted "subsection (d)(3)" for "subsection (d)(2)".
Subsec. (g)(2). Pub. L. 113–66, §1092(e), substituted "under subsection (d)(1)(B)" for "in compliance with the requirements of subsection (d)(2)".
2011—Subsec. (d)(2)(A). Pub. L. 112–81 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the automated information system or information technology investment failed to achieve a full deployment decision within five years after funds were first obligated for the program;".
2009—Subsec. (d)(2)(A). Pub. L. 111–84 substituted "a full deployment decision" for "initial operational capability".
Subsec. (f)(3). Pub. L. 111–23 substituted "have been determined, with the concurrence of the Director of Cost Assessment and Program Evaluation, to be reasonable" for "are reasonable".
2008—Subsec. (a). Pub. L. 110–417, §812(c)(1), inserted "or other major information technology investment program" after "major automated information system program" and "or information technology investment" after "the major automated information system".
Subsec. (b). Pub. L. 110–417, §812(c)(2), inserted "or other major information technology investment program" after "major automated information system program" in introductory provisions and "or information technology investment" after "automated information system" in pars. (1) and (2).
Subsec. (d)(1), (2). Pub. L. 110–417, §812(c)(3)(A), inserted "or other major information technology investment program" after "major automated information system program" in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 110–417, §812(c)(3)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: "the system failed to achieve initial operational capability within five years of milestone A approval;".
Subsec. (d)(2)(B), (C). Pub. L. 110–417, §812(c)(3)(B)(ii), (iii), inserted "or section 2445b(d) of this title, as applicable" before semicolon at end.
Subsec. (d)(2)(D). Pub. L. 110–417, §812(c)(3)(B)(iv), inserted "or major information technology investment" after "major automated information system" and "or section 2445b(d) of this title, as applicable" before period at end.
Subsec. (e). Pub. L. 110–417, §812(c)(4), inserted "or other major information technology investment program" after "major automated information system program" in introductory provisions.
Subsec. (f). Pub. L. 110–417, §812(c)(5)(A), inserted "or other major information technology investment program" after "major automated information system program" in introductory provisions.
Subsec. (f)(1). Pub. L. 110–417, §812(c)(5)(B), inserted "or information technology investment" after "automated information system".
Subsec. (f)(2). Pub. L. 110–417, §812(c)(5)(C), inserted "or information technology investment" after "the system".
Subsec. (f)(3). Pub. L. 110–417, §812(c)(5)(D), inserted "or information technology investment, as applicable," after "the program and system".
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