Section was formerly classified to section 415a–1 of this title prior to editorial reclassification and renumbering as this section.
2012—Subsec. (a)(2). Pub. L. 112–87, § 306(a)(1), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (c)(2)(C). Pub. L. 112–87, § 505(3), substituted “National Intelligence Program” for “National Foreign Intelligence Program” in two places.
Subsec. (e)(2). Pub. L. 112–87, § 306(a)(2), designated existing provisions as subpar. (A), substituted “associated with the development, acquisition, procurement, operation, and sustainment of a major system across its proposed life cycle,” for “associated with the acquisition of a major system,”, and added subpar. (B).
2010—Subsec. (e)(3). Pub. L. 111–259 substituted “(based on fiscal year 2010 constant dollars)” for “(in current fiscal year dollars)”.
2004—Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(BB), substituted “Director of National Intelligence” for “Director of Central Intelligence”.
Subsec. (b)(1). Pub. L. 108–458, § 1072(a)(6), substituted “Office of the Director of National Intelligence” for “Office of the Deputy Director of Central Intelligence”.
Effective Date of 2012 Amendment
Pub. L. 112–87, title III, § 306(b), Jan. 3, 2012, 125 Stat. 1882, provided that:
“The amendments made by this section [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Jan. 3, 2012].”
Effective Date of 2004 Amendment
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Pub. L. 108–177, title III, § 312(a), Dec. 13, 2003, 117 Stat. 2606, provided that:
“Congress makes the following findings:
Funds within the National Foreign Intelligence Program
often must be shifted from program to program and from fiscal year to fiscal year to address funding shortfalls caused by significant increases in the costs of acquisition of major systems
by the intelligence community.
While some increases in the costs of acquisition of major systems
by the intelligence community
are unavoidable, the magnitude of growth in the costs of acquisition of many major systems
indicates a systemic bias within the intelligence community
to underestimate the costs of such acquisition, particularly in the preliminary stages of development and production.
Decisions by Congress
to fund the acquisition of major systems
by the intelligence community
rely significantly upon initial estimates of the affordability of acquiring such major systems
and occur within a context in which funds can be allocated for a variety of alternative programs. Thus, substantial increases in costs of acquisition of major systems
place significant burdens on the availability of funds for other programs and new proposals within the National Foreign Intelligence Program
Limitations on Major System Procurement, Acquisition, and Development
Pub. L. 108–177, title III, § 312(d), Dec. 13, 2003, 117 Stat. 2609, provided that:
For each major system
for which funds have been authorized for a fiscal year before fiscal year 2005, or for which funds are sought in the budget of the President
for fiscal year 2005, as submitted to Congress
pursuant to section 1105(a) of title 31
, United States Code, and for which no independent cost estimate
has been provided to Congress
, no contract, or option to contract, for the procurement or acquisition of such major system
may be entered into, or option to contract be exercised, before the date of the enactment of an Act to authorize appropriations for fiscal year 2005 for intelligence
related activities of the United States Government.
Subparagraph (A) shall not affect any contract for procurement or acquisition that was entered into before the date of the enactment of this Act [Dec. 13, 2003].