Pub. L. 107-314, div. A, tit. VIII, subtit. A, sec. 803
SPIRAL DEVELOPMENT UNDER MAJOR DEFENSE ACQUISITION PROGRAMS.
SEC. 803. SPIRAL DEVELOPMENT UNDER MAJOR DEFENSE ACQUISITION PROGRAMS. (a) Authority.—The Secretary of Defense is authorized to conduct major defense acquisition programs as spiral development programs. (b) Limitation on Spiral Development Programs.—A research and development program for a major defense acquisition program of a military department or Defense Agency may not be conducted as a spiral development program unless the Secretary of Defense approves the spiral development plan for that research and development program in accordance with subsection (c). The Secretary of Defense may delegate authority to approve the plan to the Under Secretary of Defense for Acquisition, Technology, and Logistics, or to the senior acquisition executive of the military department or Defense Agency concerned, but such authority may not be further delegated. (c) Spiral Development Plans.—A spiral development plan for a research and development program for a major defense acquisition program shall, at a minimum, include the following matters: (1) A rationale for dividing the research and development program into separate spirals, together with a preliminary identification of the spirals to be included. (2) A program strategy, including overall cost, schedule, and performance goals for the total research and development program. (3) Specific cost, schedule, and performance parameters, including measurable exit criteria, for the first spiral to be conducted. (4) A testing plan to ensure that performance goals, parameters, and exit criteria are met. (5) An appropriate limitation on the number of prototype units that may be produced under the research and development program. (6) Specific performance parameters, including measurable exit criteria, that must be met before the major defense acquisition program proceeds into production of units in excess of the limitation on the number of prototype units. (d) Guidance.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance for the implementation of spiral development programs authorized by this section. The guidance shall include appropriate processes for ensuring the independent validation of exit criteria being met, 116 STAT. 2604the operational assessment of fieldable prototypes, and the management of spiral development programs. (e) Reporting Requirement.—The Secretary shall submit to Congress by September 30 of each of 2003 through 2008 a status report on each research and development program that is a spiral development program. The report shall contain information on unit costs that is similar to the information on unit costs under major defense acquisition programs that is required to be provided to Congress under chapter 144 of title 10, United States Code, except that the information on unit costs shall address projected prototype costs instead of production costs. (f) Applicability of Existing Law.—Nothing in this section shall be construed to exempt any program of the Department of Defense from the application of any provision of chapter 144 of title 10, United States Code, section 139, 181, 2366, 2399, or 2400 of such title, or any requirement under Department of Defense Directive 5000.1, Department of Defense Instruction 5000.2, or Chairman of the Joint Chiefs of Staff Instruction 3170.01B in accordance with the terms of such provision or requirement. (g) Definitions.—In this section: (1) The term “spiral development program”, with respect to a research and development program, means a program that— (A) is conducted in discrete phases or blocks, each of which will result in the development of fieldable prototypes; and (B) will not proceed into acquisition until specific performance parameters, including measurable exit criteria, have been met. (2) The term “spiral” means one of the discrete phases or blocks of a spiral development program. (3) The term “major defense acquisition program” has the meaning given such term in section 139(a)(2)(B) of title 10, United States Code.