PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2459 "(b) REGULATIONS REQUIRED.— (1) The Secretary of Defense shall prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition from terminating or substantially reducing its participation in such program without the approval of the Under Secretary. (2) The regulations shall include the following provisions: "(A) A requirement that, before any such termination or substantial reduction in participation is approved, the proposed termination or reduction oe reviewed by the Joint Requirements Oversight Council of the Department of Defense.
- (B) A provision that authorizes the Under Secretary of
Defense for Acquisition to require a military department approved for termination or substantial reduction in participation in a joint acquisition program to continue to provide some or all of the funding necessary for the acquisition program to be continued in an eCElcient manner.". (b) DEADLINE FOR REGULATIONS.—The Secretary of Defense lo use 2308 shall prescribe the regulations required by subsection (b) of section "°^' 2308 of title 10, United States Code (as added by subsection (a)), not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1993. SEC. 821. COMPETmVE PROTOTYPING REQUIREMENT FOR DEVELOP- MENT OF MAJOR DEFENSE ACQUISITION PROGRAMS. (a) REQUIREMENT FOR COMFETTTIVE PROTOTYPING.— (1) Chapter 144 of title 10, United States Code, is amended— (A) by redesignating section 2438 as section 2439; and (B) by adding after section 2437 the following new section:
- § 2438. Msgor programs: competitive prototyping
- (a) ACQUISITION STRATEGY.— Except as provided in subsection
(c), before development under a mcgor defense acquisition program begins, the Secretary of Defense shall prepare an acquisition strategy for the program which provides for the competitive prototyping or the msyor weapon system under the program and any mcgor subsystems of the system in accordance with subsection (b). "(b) COMPETITIVE PROTOTYPING REQUIREMENTS. — An acquisition strategy meets the requirement of subsection (a) if it— "(1) requires that contracts be entered into with not less than two contractors, using the same combat performance requirements, for the competitive design and manufacture of a prototype system or subsystem for developmental test and evaluation; "(2) requires that all systems or subsystems developed under contracts described in paragraph (1) be tested in a comparative side-by-side test that is designed to— "(A) reproduce combat conditions to the extent practicable; and "(B) determine which system or subsystem is most effective under such conditions; and "(3) requires that each contractor that develops a prototype system or subsvstem, before the testing describea in paragraph (2) is begun, submit— "(A) cost estimates for full-scale engineering development and the basis for such estimates; and "(B) production estimates, whenever practicable.
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