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U.S. Code as of:
01/19/04
Section 2431. Weapons development and procurement schedules
(a) The Secretary of Defense shall submit to Congress each
calendar year, not later than 45 days after the President submits
the budget to Congress under section 1105 of title 31, budget
justification documents regarding development and procurement
schedules for each weapon system for which fund authorization is
required by section 114(a) of this title, and for which any funds
for procurement are requested in that budget. The documents shall
include data on operational testing and evaluation for each weapon
system for which funds for procurement are requested (other than
funds requested only for the procurement of units for operational
testing and evaluation, or long lead-time items, or both). A weapon
system shall also be included in the annual documents required
under this subsection in each year thereafter until procurement of
that system has been completed or terminated, or the Secretary of
Defense certifies, in writing, that such inclusion would not serve
any useful purpose and gives his reasons therefor.
(b) Any documents required to be submitted under subsection (a)
shall include detailed and summarized information with respect to
each weapon system covered and shall specifically include each of
the following:
(1) The development schedule, including estimated annual costs
until development is completed.
(2) The planned procurement schedule, including the best
estimate of the Secretary of Defense of the annual costs and
units to be procured until procurement is completed.
(3) To the extent required by the second sentence of subsection
(a), the result of all operational testing and evaluation up to
the time of the submission of the documents, or, if operational
testing and evaluation has not been conducted, a statement of the
reasons therefor and the results of such other testing and
evaluation as has been conducted.
(4)(A) The most efficient production rate, the most efficient
acquisition rate, and the minimum sustaining rate, consistent
with the program priority established for such weapon system by
the Secretary concerned.
(B) In this paragraph:
(i) The term "most efficient production rate" means the
maximum rate for each budget year at which the weapon system
can be produced with existing or planned plant capacity and
tooling, with one shift a day running for eight hours a day and
five days a week.
(ii) The term "minimum sustaining rate" means the production
rate for each budget year that is necessary to keep production
lines open while maintaining a base of responsive vendors and
suppliers.
(c) In the case of any weapon system for which procurement funds
have not been previously requested and for which funds are first
requested by the President in any fiscal year after the Budget for
that fiscal year has been submitted to Congress, the same
documentation requirements shall be applicable to that system in
the same manner and to the same extent as if funds had been
requested for that system in that budget.
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