10 U.S.C. § 2366a (ARMED FORCES)
[§ 2366a. Renumbered § 4251]
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2366a was renumbered section 4252 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Analysis of Alternatives Pursuant to Materiel Development Decisions
text: Pub. L. 116–92, div. A, title VIII, § 832, Dec. 20, 2019, 133 Stat. 1493, provided that:
“(a) Timeline.—
Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall update existing guidance for analyses of alternatives conducted pursuant to a materiel development decision for a major defense acquisition program to incorporate the following:
“(1) Study completion within nine months.
“(2) Study guidance issued by the Director, Cost Assessment and Program Evaluation of a scope designed to provide for reasonable completion of the study within the nine-month period.
“(3) Procedures for waiver of the timeline requirements of this subsection on a case-by-case basis if—
“(A) the subject of the analysis is of extreme technical complexity;
“(B) collection of additional intelligence is required to inform the analysis;
“(C) insufficient technical expertise is available to complete the analysis; or
“(D) the Secretary determines that there [are] other sufficient reasons for delay of the analysis.
“(b) Reporting.—
If an analysis of alternatives cannot be completed within the allotted time, or a waiver is used, the Secretary shall report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the following information:
“(1) For a waiver, the basis for use of the waivers, including the reasons why the study cannot be completed within the allotted time.
“(2) For a study estimated to take more than nine months—
“(A) an estimate of when the analysis will be completed;
“(B) an estimate of any additional costs to complete the analysis; and
“(C) other relevant information pertaining to the analysis and its completion.
“(c) Report on Analyses of Alternatives.—
“(1) Assessment.—
“(A) In general.—
The Under Secretary of Defense for Acquisition and Sustainment shall engage with an independent entity, including under the Program for Acquisition Innovation Research, to assess the conduct of analyses of alternatives.
“(B) Elements.—
The assessment required under subparagraph (A) shall—
“(i) assess the time required to complete analyses of alternatives within the Department of Defense completed over the last five fiscal years, as compared with best practices;
“(ii) provide recommendations and policy options to improve analyses of alternatives; and
“(iii) discuss any other matters as identified by the Under Secretary.
“(C) Access to data.—
The Under Secretary shall ensure that the independent entity is provided access to the data, information, and resources necessary to complete the required analyses and assessment.
“(2) Report.—
Not later than one year after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a report including the assessment required under paragraph (1) and a review and assessment by the Under Secretary of the findings made in the assessment.”
heading: Milestone A Decisions
text: Pub. L. 114–92, div. A, title VIII, § 802(d)(2), Nov. 25, 2015, 129 Stat. 880, provided that: “The Chief of the Armed Force concerned shall advise the milestone decision authority for a major defense acquisition program of the Chief’s views on cost, schedule, technical feasibility, and performance trade-offs that have been made with regard to the program, as provided in section 2366a(a)(2) of title 10, United States Code [now 10 U.S.C. 4251(a)(2)], as amended by section 823 of this Act, prior to a Milestone A decision on the program.”
heading: Requirements Prior to Low-Rate Initial Production
text: Pub. L. 112–81, div. A, title VIII, § 801(c), Dec. 31, 2011, 125 Stat. 1483, as amended by Pub. L. 112–239, div. A, title III, § 322(e)(3), Jan. 2, 2013, 126 Stat. 1695, provided that: “Prior to entering into a contract for low-rate initial production of a major defense acquisition program, the Secretary of Defense shall ensure that the detailed requirements for core logistics capabilities and the associated sustaining workloads required to support such requirements, have been defined.”
heading: Guidance
text: Pub. L. 112–81, div. A, title VIII, § 801(d), Dec. 31, 2011, 125 Stat. 1483, provided that: “Not later than 120 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretary of Defense shall issue guidance implementing the amendments made by subsections (a) and (b) [amending this section and section 2366b of this title], and subsection (c) [set out above], in a manner that is consistent across the Department of Defense.”
heading: Application to Ongoing Programs
text: Pub. L. 111–23, title II, § 204(c), May 22, 2009, 123 Stat. 1723, as amended by Pub. L. 111–383, div. A, title VIII, § 813(c), Jan. 7, 2011, 124 Stat. 4265, which related to application of the requirements of this section to certain major defense acquisition programs initiated before May 22, 2009, was repealed by Pub. L. 112–81, div. A, title VIII, § 819(a), Dec. 31, 2011, 125 Stat. 1501.
heading: Review of Department of Defense Acquisition Directives
text: Pub. L. 110–181, div. A, title IX, § 943(b), Jan. 28, 2008, 122 Stat. 289, as amended by Pub. L. 110–417, [div. A], title VIII, § 813(e)(2)(A), Oct. 14, 2008, 122 Stat. 4528, which provided for review of Department of Defense Directive 5000.1 and associated guidance, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(32), Aug. 13, 2018, 132 Stat. 1849.