10 U.S.C. § 2366b (ARMED FORCES)
[§ 2366b. Renumbered § 4252]
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2366b was renumbered section 2366a of this title and subsequently was renumbered section 4251 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Responsibility for Conducting Assessments
text: Pub. L. 115–91, div. A, title VIII, § 838(a)(3), Dec. 12, 2017, 131 Stat. 1474, provided that:
“For purposes of the sufficiency assessments required by section 2366b(c)(1) [now 10 U.S.C. 4252(c)(1)] and section 2366c(a)(4) [now 10 U.S.C. 4253(a)(4)] of such title [meaning title 10, United States Code], as added by paragraphs (1) and (2), with respect to a major defense acquisition program—
“(A) if the milestone decision authority for the program is the service acquisition executive of the military department that is managing the program, the sufficiency assessment shall be conducted by the senior official within the military department with responsibility for developmental testing; and
“(B) if the milestone decision authority for the program is the Under Secretary of Defense for Acquisition and Sustainment, the sufficiency assessment shall be conducted by the senior Department of Defense official with responsibility for developmental testing.”
heading: Guidance
text: Pub. L. 115–91, div. A, title VIII, § 838(a)(4), Dec. 12, 2017, 131 Stat. 1475, provided that:
“Within one year after the date of the enactment of this Act [Dec. 12, 2017], the senior Department of Defense official with responsibility for developmental testing shall develop guidance for the sufficiency assessments required by section 2366b(c)(1) and section 2366c(a)(4) of title 10, United States Code [now 10 U.S.C. 4252(c)(1) and 4253(a)(4)], as added by paragraphs (1) and (2). At a minimum, the guidance shall require—
“(A) for the sufficiency assessment required by section 2366b(c)(1) of such title [now 10 U.S.C. 4252(c)(1)], that the assessment address the sufficiency of—
“(i) the developmental test and evaluation plan;
“(ii) the developmental test and evaluation schedule, including a comparison to historic analogous systems;
“(iii) the developmental test and evaluation resources (facilities, personnel, test assets, data analytics tools, and modeling and simulation capabilities);
“(iv) the risks of developmental test and production concurrency; and
“(v) the developmental test criteria for entering the production phase; and
“(B) for the sufficiency assessment required by section 2366c(a)(4) of such title [now 10 U.S.C. 4253(a)(4)], that the assessment address—
“(i) the sufficiency of the developmental test and evaluation completed;
“(ii) the sufficiency of the plans and resources available for remaining developmental test and evaluation;
“(iii) the risks identified during developmental testing to the production and deployment phase;
“(iv) the sufficiency of the plans and resources for remaining developmental test and evaluation; and
“(v) the readiness of the system to perform scheduled initial operational test and evaluation.”
heading: Milestone B Decisions
text: Pub. L. 114–92, div. A, title VIII, § 802(d)(3), 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 2366b(b)(3) of title 10, United States Code [now 10 U.S.C. 4252(b)(3)], as amended by section 824 of this Act, prior to a Milestone B decision on the program.”
heading: Certification and Review of Programs Entering Development Prior to Enactment of Section 2366b of Title 10
text: Pub. L. 111–23, title II, § 205(b), May 22, 2009, 123 Stat. 1725, as amended by Pub. L. 111–383, div. A, title VIII, § 813(d)(2), Jan. 7, 2011, 124 Stat. 4266, which related to certification and review of programs entering development prior to enactment of section 2366b of this title [now 10 U.S.C. 4252], was repealed by Pub. L. 112–239, div. A, title VIII, § 814, Jan. 2, 2013, 126 Stat. 1830.
heading: Formal Review Process for Bandwidth Requirements
text: Pub. L. 110–417, [div. A], title X, § 1047(d), Oct. 14, 2008, 122 Stat. 4603, as amended by Pub. L. 111–84, div. A, title X, § 1033, Oct. 28, 2009, 123 Stat. 2449; Pub. L. 115–232, div. A, title VIII, § 813(c), Aug. 13, 2018, 132 Stat. 1851, provided that:
“The Secretary of Defense and the Director of National Intelligence shall, as part of the Milestone B or Key Decision Point B approval process for any major defense acquisition program or major system acquisition program, establish a formal review process to ensure that—
“(A) the bandwidth requirements needed to support such program are or will be met; and
“(B) a determination will be made with respect to how to meet the bandwidth requirements for such program.”