REQUIREMENT FOR APPROVAL BY UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND SUSTAINMENT OF WAIVER FOR SYSTEMS NOT MEETING FUEL EFFICIENCY KEY PERFORMANCE PARAMETER.

SEC. 315. REQUIREMENT FOR APPROVAL BY UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND SUSTAINMENT OF WAIVER FOR SYSTEMS NOT MEETING FUEL EFFICIENCY KEY PERFORMANCE PARAMETER. Section 332(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 2911 note) is amended— (1) by striking “The Secretary of Defense” and inserting the following: “(1) in general.—The Secretary of Defense”; and (2) by adding at the end the following new paragraph: “(2) Waiver of fuel efficiency key performance parameter.— “(A) In general.—The fuel efficiency key performance parameter implemented pursuant to paragraph (1) may be waived with respect to a system only if— “(i) such waiver is approved by the Under Secretary of Defense for Acquisition and Sustainment; and “(ii) the system is a fuel consuming system that the Under Secretary of Defense for Acquisition and Sustainment determines requires, or is likely to require, sustainment on at least an occasional basis. “(B) Nondelegation.—The authority to approve a waiver under subparagraph (A) may not be delegated.” .