§ 4214. Baseline description

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Pub. L. 99–500 § 101(c)(tX)(s904)(a)(1) · 100 Stat. 1783-82

   Enacted · 10 U.S.C. § 4214

   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, § 2435

   Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

   Source evidence

   Code source credit
   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, § 2435

2. 1987

   Defense Technical Corrections Act of 1987

   Pub. L. 100–26 § 7(b)(6) · 101 Stat. 273

   Struck · 10 U.S.C. § 4214(c)

   Pub. L. 100–26, § 7(b)(6), struck out subsec. (c) which defined “major defense acquisition program”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–26, § 7(b)(6), struck out subsec. (c) which defined “major defense acquisition program”.

   Enacted provision · exact public law section
   (6) Section 2435 (as added by section 904(a) of the Defense 10 USC 2435. Acquisition Improvement Act) is amended by striking out subsection (c).

3. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title VIII § 803(a) · 101 Stat. 1019

   1. Amended · 10 U.S.C. § 4214(b)(2)

      Pub. L. 100–180, as amended by Pub. L. 100–456

   2. Substituted · 10 U.S.C. § 4214(b)(2)

      Pub. L. 100–180, as 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)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   (a) Enhanced Program Stability.— Section 2435(b)(2) of title 10, United States Code, is amended by striking out “under paragraph (1)” and inserting in lieu thereof the following: “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”.

4. 1988

   Pub. L. 100–370 § 1(i)(1) · 102 Stat. 840

   Added · 10 U.S.C. § 4214(c)

   Pub. L. 100–370 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–370 added subsec. (c).

   Enacted provision · exact public law section
   (1) Section 2435 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) 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.”.

5. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title XII § 1233 · 102 Stat. 1918

   Changed · 10 U.S.C. § 4214(b)(2)

   Pub. L. 100–456 clarified amendment by Pub. L. 100–180, § 803(a). See 1987 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 100–456 clarified amendment by Pub. L. 100–180, § 803(a). See 1987 Amendment note below.

   Enacted provision · exact public law section
   SEC. 1233. TECHNICAL AND CLERICAL AMENDMENTS (a) Repeal of Obsolete Reference.— Section 1552 of title 10, United States Code, is amended— (1) in subsection (b), by striking out “therefor before October 26, 1961, or within three years after he discovers the error or injustice, whichever is later” and inserting in lieu thereof “for the correction within three years after he discovers the error or injustice”; and (2) in subsection (c), by striking out “The department concerned” and inserting in lieu thereof “The Secretary concerned”. (b) Date of Enactment References.— (1) Section 305a(d)(2) of title 37, United States Code, is amended by striking out “on or after the effective date specified in section 621(e)(1) of the National Defense Authorziation Act for Fiscal Year 1988” and inserting in lieu thererof “after December 31, 1988,”. (2) Section 3(c)(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(c)(1)) is amended by striking out “the date of the enactment of the National Defense Stockpile Amendments of 1987” and inserting in lieu thereof “December 4, 1987”. (c) Correction of Misspelled Word.— The table in section 1406(b) of title 10, United States Code, is amended by striking out “satisfactory” in the matter in the second column relating to section 1331 and inserting in lieu thereof “satisfactorily”. (d) Repeal of Surplus Word.— Section 2343(b) of title 10, United States Code, is amended by striking out “section” before “2306a”. (e) Punctuation Corrections.— (1) Section 1101(c) of title 10, United States Code, is amended by striking out “(1)” after “Regulations.—”. (2) Paragraph (3) of section 7430(b) of such title is amended— (A) by aligning the paragraph flush to the margin; and (B) by striking out the comma at the end and inserting in lieu thereof a period. (f) Capitalization Corrections.— (1) Section 801(1) of title 10, United States Code, is amended by striking out “judge” and inserting in lieu thereof “Judge”. (2) Section 101(5) of title 37, United States Code, is amended by striking out “secretary” and inserting in lieu thereof “Secretary”. (g) Cross-Reference Amendments.— (1) Section 401(c)(2) of title 10, United States Code, is amended by striking out “subsection (a)” and inserting in lieu thereof “paragraph (1)”. (2) Section 2133(b)(1) of title 10, United States Code, is amended by striking out “section 1431(e)” and inserting in lieu thereof “section 1431(f)”. (3) Section 7427 of title 10, United States Code, is amended by striking out “section 17(j)” and “30 U.S.C. 226(j)” and inserting in lieu thereof “section 17(m)” and “30 U.S.C. 226(m)”, respectively. (4) Section 1013 of title 37, United States Code, is amended by striking out “section 1051” and inserting in lieu thereof “section 1032”. (h) Repeal of Expired Reporting Requirement.— Section 179 of title 10, United States Code, is amended by striking out subsection (e). (i) Section Headings.— (1) (A) The heading of section 3965 of title 10, United States Code, is amended to read as follows: “§ 3965. Restoration to former grade: retired warrant officers and enlisted members”. (B) The item relating to that section in the table of sections at the beginning of chapter 369 of such title is amended to read as follows: “3965. Restoration to former grade: retired warrant officers and enlisted members.”. (2) (A) The heading of section 8965 of title 10, United States Code, is amended to read as follows: “§ 8965. Restoration to former grade: retired warrant officers and enlisted members”. (B) The item relating to that section in the table of sections at the beginning of chapter 869 of such title is amended to read as follows: “8965. Restoration to former grade: retired warrant officers and enlisted members.”. (j) Subsection Heading.— Section 2329(d) of title 10, United States Code, is amended by inserting after “(d)” the following: “Treatment of Certain Costs as Direct Costs.—”. (k) Definitions.— (1) Section 2141(c) of title 10, United States Code, is amended by inserting “the term” after “In this chapter,”. (2) Section 9511(1) of such title is amended by striking out “The term” and inserting in lieu thereof “The terms”. (l) Amendments to Public Law 100–180.— (1) Section 623(a) of the National Defense Authorization Act for Fiscal Years 1988 and 1989 37 USC 301c. (Public Law 100–180; 101 Stat. 1101) is amended by inserting “in paragraphs (1) and (2)” before “and inserting”. (2) Section 717(c) of such Act (101 Stat. 1114) is amended by striking out “on” in the quoted matter in paragraph (2) and inserting in lieu thereof “upon”. (3) Paragraph (1) of section 802(a) of such Act (101 Stat. 1123) is amended by inserting end quotation marks and a period after “section.” at the end (4) Section 803(a) of such Act (101 Stat. 1125) is amended by inserting “the first place it appears” before “and inserting”. (5) The amendments made by this subsection shall apply as if included in the enactment of Public Law 100–180.

6. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 811(b)(1) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 4214(a)(2)(B)(iv)

   Pub. L. 101–189, § 811(b)(1), substituted “production” for “development”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B)(iv). Pub. L. 101–189, § 811(b)(1), substituted “production” for “development”.

   Enacted provision · exact public law section
   (1) in subsection (a)(2)(B)(iv), by striking out “development” and inserting in lieu thereof “production”; and

7. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 811(b)(2)(A) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 4214(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))”

   Source evidence

   Code amendment note
   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))”.

   Enacted provision · exact public law section
   (A) by striking out “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))” in paragraph (1) and inserting in lieu thereof “service acquisition executive designated by such Secretary”; and

8. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 811(b)(2)(B) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 4214(b)(2)

   Pub. L. 101–189, § 811(b)(2)(B), substituted “180 days” for “90 days” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 101–189, § 811(b)(2)(B), substituted “180 days” for “90 days” in introductory provisions.

   Enacted provision · exact public law section
   (B) by striking out “90 days—” in paragraph (2) and inserting in lieu thereof “180 days—”,

9. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 1484(k)(11) · 104 Stat. 1485

   Struck · 10 U.S.C. § 4214(b)(1)

   Pub. L. 101–510, § 1484(k)(11), struck out closing parenthesis after “such Secretary” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 101–510, § 1484(k)(11), struck out closing parenthesis after “such Secretary” in introductory provisions.

   Enacted provision · exact public law section
   (11) Section 2435(b)(1) is amended by striking out the closing parenthesis after “service acquisition executive designated by such Secretary”.

10. 1990

    Defense Acquisition Workforce Improvement Act

    Pub. L. 101–510 § 1207(b) · 104 Stat. 1485

    Struck · 10 U.S.C. § 4214(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)

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Tour of Duty of Program Managers.— Subsection (c) of section 2435 of title 10, United States Code, is repealed, effective on October 1, 1991.

11. 1993

    Pub. L. 103–160 div. A title IX § 904(d)(1) · 107 Stat. 1547

    Substituted · 10 U.S.C. § 4214(b)(2)(B)

    Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.

    Enacted provision · exact public law section
    (1) The following sections of title 10, United States Code, are amended by striking out “Under Secretary of Defense for Acquisition” each place such term appears (including section headings) and inserting in lieu thereof “Under Secretary of Defense for Acquisition and Technology”: sections 134(c), 137(b) (as redesignated by section 901(a)), 139 (as redesignated by section 901(a)), 171(a)(3), 179(a), 1702, 1703, 1707(a), 1722, 1735(c), 1737(c), 1741(b), 1746(a), 1761(b)(4), 1762(a), 1763, 2304(0, 2308(b), 2325(b), 2329, 2350a, 2369, 2399(b)(3), 2435(b)(2)(B), 2438(c), 2523(a), and 2534(b)(2).

12. 1994

    Pub. L. 103–355 title III § 3005(a) · 108 Stat. 3243

    Amended · 10 U.S.C. § 4214

    Pub. L. 103–355 amended section generally. Prior to amendment, section related to enhanced program stability

    Source evidence

    Code amendment note
    Pub. L. 103–355 amended section generally. Prior to amendment, section related to enhanced program stability.

    Enacted provision · exact public law section
    (a) In General.— Section 2435 of title 10, United States Code, is amended to read as follows: “§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 and Technology. “(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 and Technology 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.”.

13. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title VIII § 821(d) · 115 Stat. 1012

    1. Substituted · 10 U.S.C. § 4214(b)

       Pub. L. 107–107, §§ 821(d)(1), 1048(b)(2), substituted “system development and demonstration” for “engineering and manufacturing development”

    2. Substituted · 10 U.S.C. § 4214(b)

       Pub. L. 107–107, §§ 821(d)(1), 1048(b)(2), substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–107, §§ 821(d)(1), 1048(b)(2), substituted “system development and demonstration” for “engineering and manufacturing development” and “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

    Enacted provision · exact public law section
    (d) Adjustments to Requirements for Baseline Description and the Related Limitation.— Section 2435 of title 10, United States Code, is amended— (1) in subsection (b), by striking “engineering and manufacturing development” and inserting “system development and demonstration”; and (2) in subsection (c)— (A) in paragraph (1), by striking “demonstration and validation” and inserting “system development and demonstration”; (B) in paragraph (2), by striking “engineering and manufacturing development” and inserting “production and deployment”; and (C) in paragraph (3), by striking “production and deployment” and inserting “full rate production”.

14. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 821(d)(2)(A) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 4214(c)(1)

    Pub. L. 107–107, § 821(d)(2)(A), substituted “system development and demonstration” for “demonstration and validation”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 107–107, § 821(d)(2)(A), substituted “system development and demonstration” for “demonstration and validation”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “demonstration and validation” and inserting “system development and demonstration”;

15. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 821(d)(2)(B) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 4214(c)(2)

    Pub. L. 107–107, § 821(d)(2)(B), substituted “production and deployment” for “engineering and manufacturing development”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 107–107, § 821(d)(2)(B), substituted “production and deployment” for “engineering and manufacturing development”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “engineering and manufacturing development” and inserting “production and deployment”; and

16. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 821(d)(2)(C) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 4214(c)(3)

    Pub. L. 107–107, § 821(d)(2)(C), substituted “full rate production” for “production and deployment”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 107–107, § 821(d)(2)(C), substituted “full rate production” for “production and deployment”.

    Enacted provision · exact public law section
    (C) in paragraph (3), by striking “production and deployment” and inserting “full rate production”.

17. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 1048(b)(2) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 4214(d)(2)

    Pub. L. 107–107, § 1048(b)(2), substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 107–107, § 1048(b)(2), substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

    Enacted provision · exact public law section
    (2) The following provisions are each amended by striking “Under Secretary of Defense for Acquisition and Technology” and inserting “Under Secretary of Defense for Acquisition, Technology, and Logistics”: sections 139(c), 139(g) (as redesignated by section 263), 171(a)(3), 179(a)(1), 1702, 1703, 1707(a), 1722(a), 1722(b)(2)(B), 1735(c)(1), 1737(c)(1), 1737(c)(2)(B), 1741(b), 1746(a), 1761(b)(4), 1763, 2302c(a)(2), 2304(f)(1)(B)(iii), 2304(f)(6)(B), 2311(c)(1), 2311(c)(2)(B), 2350a(e)(1)(A), 2350a(e)(2)(B), 2350a(f)(1), 2399(b)(3), 2435(b), 2435(d)(2), 2521(a), and 2534(i)(3).

18. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title VIII § 802(d)(1) · 119 Stat. 3136

    Redesignated · 10 U.S.C. § 4214(d)

    Pub. L. 109–163 added subsec. (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–163 added subsec. (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (1) In general.— Section 2435 of title 10, United States Code, is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): “(d) Original Baseline Estimate.— (1) In this chapter, the term ‘original Baseline Estimate’, with respect to a major defense acquisition program, means the baseline description established with respect to the program under subsection (a), without adjustment or revision (except as provided in paragraph (2)). “(2) An adjustment or revision of the original baseline description of a major defense acquisition program may be treated as the original Baseline Estimate for the program for purposes of this chapter only if the percentage increase in the program acquisition unit cost or procurement unit cost under such adjustment or revision exceeds the critical cost growth threshold for the program under section 2433 of this title, as determined by the Secretary of the military department concerned under subsection (d) of such section. “(3) In the event of an adjustment or revision of the original baseline description of a major defense acquisition program, the Secretary of Defense shall include in the next Selected Acquisition Report to be submitted under section 2432 of this title after such adjustment or revision a notification to the congressional defense committees of such adjustment or revision, together with the reasons for such adjustment or revision.” .

19. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title VIII § 802(d)(1) · 119 Stat. 3136

    Redesignated · 10 U.S.C. § 4214(e)

    Pub. L. 109–163 redesignated subsec. (d) as (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–163 redesignated subsec. (d) as (e).

    Enacted provision · exact public law section
    (1) In general.— Section 2435 of title 10, United States Code, is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): “(d) Original Baseline Estimate.— (1) In this chapter, the term ‘original Baseline Estimate’, with respect to a major defense acquisition program, means the baseline description established with respect to the program under subsection (a), without adjustment or revision (except as provided in paragraph (2)). “(2) An adjustment or revision of the original baseline description of a major defense acquisition program may be treated as the original Baseline Estimate for the program for purposes of this chapter only if the percentage increase in the program acquisition unit cost or procurement unit cost under such adjustment or revision exceeds the critical cost growth threshold for the program under section 2433 of this title, as determined by the Secretary of the military department concerned under subsection (d) of such section. “(3) In the event of an adjustment or revision of the original baseline description of a major defense acquisition program, the Secretary of Defense shall include in the next Selected Acquisition Report to be submitted under section 2432 of this title after such adjustment or revision a notification to the congressional defense committees of such adjustment or revision, together with the reasons for such adjustment or revision.” .

20. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title VIII § 806 · 120 Stat. 2083

    Inserted · 10 U.S.C. § 4214(d)(1)

    Pub. L. 109–364 inserted “prepared before the program enters system development and demonstration, or at program initiation, whichever occurs later” after “program under subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 109–364 inserted “prepared before the program enters system development and demonstration, or at program initiation, whichever occurs later” after “program under subsection (a)”.

    Enacted provision · exact public law section
    SEC. 806. ORIGINAL BASELINE ESTIMATE FOR MAJOR DEFENSE ACQUISITION PROGRAMS.   Section 2435(d)(1) of title 10, United States Code, is amended by inserting after “with respect to the program under subsection (a)” the following: “prepared before the program enters system development and demonstration, or at program initiation, whichever occurs later”.

21. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 811(d)(1) · 122 Stat. 4356

    Inserted · 10 U.S.C. § 4214(a)

    Pub. L. 110–417, § 811(d)(1), inserted “and for each designated major subprogram under the program” after “major defense acquisition program” in par. (1) and “or designated major subprogram” after “major defense acquisition program” in par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–417, § 811(d)(1), inserted “and for each designated major subprogram under the program” after “major defense acquisition program” in par. (1) and “or designated major subprogram” after “major defense acquisition program” in par. (2).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) in paragraph (1), by inserting “and for each designated major subprogram under the program” after “major defense acquisition program”; and (B) in paragraph (2), by inserting “or designated major subprogram” after “major defense acquisition program”;

22. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 811(d)(2) · 122 Stat. 4356

    Inserted · 10 U.S.C. § 4214(b)

    Pub. L. 110–417, § 811(d)(2), inserted “or any designated major subprogram under the program” after “major defense acquisition program” and “or subprogram” after “after the program”. See Codification note above

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–417, § 811(d)(2), inserted “or any designated major subprogram under the program” after “major defense acquisition program” and “or subprogram” after “after the program”. See Codification note above.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by inserting “or any designated major subprogram under the program” after “major defense acquisition program”; and (B) by inserting “or subprogram” after “the program”;

23. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 811(d)(3) · 122 Stat. 4356

    Inserted · 10 U.S.C. § 4214(c)

    Pub. L. 110–417, § 811(d)(3), inserted “or any designated major subprogram under the program” after “major defense acquisition program” in introductory provisions and “or subprogram” after “the program” in pars. (1) to (3). See Codification note above

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–417, § 811(d)(3), inserted “or any designated major subprogram under the program” after “major defense acquisition program” in introductory provisions and “or subprogram” after “the program” in pars. (1) to (3). See Codification note above.

    Enacted provision · exact public law section
    (3) in subsection (c)— (A) by inserting “or any designated major subprogram under the program” after “major defense acquisition program”; and (B) by inserting “or subprogram” after “the program” each place it appears;

24. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 811(d)(4) · 122 Stat. 4356

    1. Inserted · 10 U.S.C. § 4214(d)

       Pub. L. 110–417, § 811(d)(4), inserted “or any designated major subprogram under the program” after “major defense acquisition program” wherever appearing, in par. (1)

    2. Inserted · 10 U.S.C. § 4214(d)

       Pub. L. 110–417, § 811(d)(4), inserted “or subprogram” after “to the program”, “before the program”, and “at program”, and, in par. (2)

    3. Inserted · 10 U.S.C. § 4214(d)

       Pub. L. 110–417, § 811(d)(4), inserted “or subprogram” after “for the program” in two places. See Codification note above

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–417, § 811(d)(4), inserted “or any designated major subprogram under the program” after “major defense acquisition program” wherever appearing, in par. (1), inserted “or subprogram” after “to the program”, “before the program”, and “at program”, and, in par. (2), inserted “or subprogram” after “for the program” in two places. See Codification note above.

    Enacted provision · exact public law section
    (4) in subsection (d)— (A) by inserting “or any designated major subprogram under the program” after “major defense acquisition program” each place it appears; (B) in paragraph (1)— (i) by inserting “or subprogram” after “the program” each place it appears; and (ii) by inserting “or subprogram” after “at program”; and (C) in paragraph (2), by inserting “or subprogram” after “for the program” each place it appears; and

25. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 811(d)(5) · 122 Stat. 4356

    1. Inserted · 10 U.S.C. § 4214(e)(2)

       Pub. L. 110–417, § 811(d)(5), inserted “(or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms)” after “baseline description” and “or subprogram” before period at end

    2. Substituted · 10 U.S.C. § 4214(e)(2)

       Pub. L. 110–417, § 811(d)(5), substituted “any such baseline description” for “the baseline”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 110–417, § 811(d)(5), inserted “(or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms)” after “baseline description” and “or subprogram” before period at end and substituted “any such baseline description” for “the baseline”.

    Enacted provision · exact public law section
    (5) in subsection (e)— (A) by inserting “(or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms)” after “baseline description”; (B) by striking “the baseline” and inserting “any such baseline description”; and (C) by inserting “or subprogram” after “of the program”.

26. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title IX § 902(71) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 4214(b); 10 U.S.C. § 4214(e)(2)

    Pub. L. 116–92 substituted “the Under Secretary of Defense for Acquisition and Sustainment” for “the Under Secretary of Defense for Acquisition, Technology, and Logistics”

    Source evidence

    Code amendment note
    Subsecs. (b), (e)(2). Pub. L. 116–92 substituted “the Under Secretary of Defense for Acquisition and Sustainment” for “the Under Secretary of Defense for Acquisition, Technology, and Logistics”.

    Enacted provision · exact public law section
    (71) Section 2435 of title 10, United States Code, is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.

27. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1847(b)(4) · 134 Stat. 3388

    Changed · 10 U.S.C. § 4214

    Pub. L. 116–283, § 1847(b)(4), renumbered section 2435 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1847(b)(4), renumbered section 2435 of this title as this section.

    Enacted provision · exact public law section
    (4) Transfer of section 2435.— Section 2435 of title 10, United States Code, is transferred to chapter 322 of such title, as added by subsection (a), inserted after section 4212, as transferred and redesignated by paragraph (3), redesignated as section 4214, and amended— (A) in subsections (a)(2) and (d)(2), by striking “section 2433” and inserting “sections 4371 through 4375”; and (B) in subsection (d)— (i) in paragraph (1), by striking “In this chapter” and inserting “In this subpart”; (ii) in paragraph (2), by striking “subsection (d) of such section” and inserting “section 4374 of this title”; and (iii) in paragraph (3), by striking “section 2432” and inserting “sections 4351 through 4358”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

28. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1847(b)(4)(A) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4214(a)(2)

    Pub. L. 116–283, § 1847(b)(4)(A), substituted “sections 4371 through 4375” for “section 2433”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 116–283, § 1847(b)(4)(A), substituted “sections 4371 through 4375” for “section 2433”.

    Enacted provision · exact public law section
    (A) in subsections (a)(2) and (d)(2), by striking “section 2433” and inserting “sections 4371 through 4375”; and

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

29. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1847(b)(4)(B)(i) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4214(d)(1)

    Pub. L. 116–283, § 1847(b)(4)(B)(i), substituted “In this subpart” for “In this chapter”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 116–283, § 1847(b)(4)(B)(i), substituted “In this subpart” for “In this chapter”.

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “In this chapter” and inserting “In this subpart”;

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

30. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1847(b)(4)(A) · 134 Stat. 3388

    1. Substituted · 10 U.S.C. § 4214(d)(2)

       Pub. L. 116–283, § 1847(b)(4)(A), (B)(ii), substituted “sections 4371 through 4375” for “section 2433”

    2. Substituted · 10 U.S.C. § 4214(d)(2)

       Pub. L. 116–283, § 1847(b)(4)(A), (B)(ii), substituted “section 4374 of this title” for “subsection (d) of such section”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 116–283, § 1847(b)(4)(A), (B)(ii), substituted “sections 4371 through 4375” for “section 2433” and “section 4374 of this title” for “subsection (d) of such section”.

    Enacted provision · exact public law section
    (A) in subsections (a)(2) and (d)(2), by striking “section 2433” and inserting “sections 4371 through 4375”; and

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

31. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1847(b)(4)(B)(iii) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4214(d)(3)

       Pub. L. 116–283, § 1847(b)(4)(B)(iii), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(i)

    2. Substituted · 10 U.S.C. § 4214(d)(3)

       Pub. L. 116–283, § 1847(b)(4)(B)(iii), as substituted “section 4351” for “section 2432”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 116–283, § 1847(b)(4)(B)(iii), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(i), substituted “section 4351” for “section 2432”.

    Enacted provision · exact public law section
    (iii) in paragraph (3), by striking “section 2432” and inserting “sections 4351 through 4358”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

37 of 38 references resolved to an enrolled provision · 1 unresolved