10 U.S.C. § 4204 (ARMED FORCES)
§ 4204. Milestone decision authority
(a) Service Acquisition Executive.—
The milestone decision authority for a major defense acquisition program reaching Milestone A after October 1, 2016, shall be the service acquisition executive of the military department that is managing the program, unless the Secretary of Defense designates, under subsection (b), another official to serve as the milestone decision authority.
(b) Designation of Alternate Milestone Decision Authority.—
The Secretary of Defense may designate an alternate milestone decision authority for a program with respect to which any of the following applies:
(1) Subject to subsection (f), the Secretary determines that the program is addressing a joint requirement.
(2) The Secretary determines that the program is best managed by a Defense Agency.
(3) The program has incurred a unit cost increase greater than the significant cost threshold or critical cost threshold under sections 4371 through 4375 of this title.
(4) The program is critical to a major interagency requirement or technology development effort, or has significant international partner involvement.
(5) The Secretary determines that an alternate official serving as the milestone decision authority will best provide for the program to achieve desired cost, schedule, and performance outcomes.
(c) Reversion to Service Acquisition Executive.—
(1) After designating an alternate milestone decision authority under subsection (b) for a program, the Secretary of Defense may revert the position of milestone decision authority for the program back to the service acquisition executive upon request of the Secretary of the military department concerned. A decision on the request shall be made within 180 days after receipt of the request from the Secretary of the military department concerned.
(2) If the Secretary of Defense denies the request for reversion of the milestone decision authority back to the service acquisition executive, the Secretary shall report to the congressional defense committees on the basis of the Secretary’s decision that an alternate official serving as milestone decision authority will best provide for the program to achieve desired cost, schedule, and performance outcomes. No such reversion is authorized after a program has incurred a unit cost increase greater than the significant cost threshold or critical cost threshold under sections 4371 through 4375 of this title, except in exceptional circumstances.
(d) Certifications relating to program requirements and funding.—
For each major defense acquisition program, the Secretary of the military department concerned and the Chief of the armed force concerned shall, in each Selected Acquisition Report required under sections 4351 through 4358 of this title—
(1) certify that program requirements are stable and funding is adequate to meet cost, schedule, and performance objectives for the program; and
(2) identify and report to the congressional defense committees on any increased risk to the program since the last report.
(e) Documentation and Oversight 1 —
The Secretary of Defense shall review the acquisition oversight process for major defense acquisition programs and shall—
(1) limit outside requirements for documentation to an absolute minimum on those programs where the service acquisition executive of the military department that is managing the program is the milestone decision authority; and
(2) ensure that any policies, procedures, and activities related to oversight efforts conducted outside of the military departments with regard to major defense acquisition programs shall be implemented in a manner that does not unnecessarily increase program costs or impede program schedules.
(f) Limitation on Authority to Designate Alternative MDA for Programs Addressing Joint Requirements.—
The authority of the Secretary of Defense to designate an alternative milestone decision authority for a program with respect to which the Secretary determines that the program is addressing a joint requirement, as set forth in subsection (b)(1), shall apply only for a major defense acquisition program that reaches Milestone A after October 1, 2016, and before October 1, 2019.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (f)(1)–(7), Jan. 1, 2021, 134 Stat. 4248, 4250, 4251.)
heading: Effective Date
text: Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.