National Defense Authorization Act for Fiscal Year 2010/Division A/Title I/Subtitle B

SUBTITLE B — ARMY PROGRAMS

Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade combat team equipment.

(a) Limitation on Low-rate Initial Production Quantities.—Notwithstanding section 2400 of title 10, United States Code, and except as provided in subsection (b), the Secretary of Defense may not procure more than one Future Combat Systems spin out early-infantry brigade combat team equipment set (in this section referred to as a "brigade set") for low-rate initial production.

(b) Waiver.—The Under Secretary of Defense for Acquisition, Technology, and Logistics may waive the limitation in subsection (a) if—

(1) the Under Secretary submits to Congress written certification that—

(A) the Future Combat Systems spin out early-infantry brigade combat team program (in this section referred to as the "program") requires low-rate initial production in excess of 10 percent of the total number of articles to be produced;

(B) the Director of Defense Research and Engineering has completed a technology readiness assessment of the program;

(C) the Director of Cost Assessment and Program Evaluation has completed an independent cost estimate of the program;

(D) the Under Secretary has approved an acquisition strategy and acquisition program baseline for the program; and

(E) all of the systems constituting the brigade set have been tested in their intended production configuration; and

(2) a period of 30 days has elapsed after the date on which the certification under paragraph (1) is received.

(c) Exception for Meeting Operational Need Statement Requirements.—The limitation on low-rate initial production in subsection (a) does not apply to the procurement of individual components of a brigade set if the procurement of such components is specifically intended to address an operational need statement requirement (as described in Army Regulation 71-9 or a successor regulation).