Laws: Cases and Codes : U.S. Code : Title 10 : Section 2431


   
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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