10 U.S.C. § 4252 (ARMED FORCES)
§ 4252. Major defense acquisition programs: factors to be considered before Milestone B approval
(a) Responsibilities.—
Before granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall ensure that—
(1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase;
(2) appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program or subprogram is affordable when considering the per-unit cost and the total life-cycle cost, and the Secretary of the military department concerned and the Chief of the armed force concerned concur with these trade-offs; and
(3) there are sound plans for progression of the program or subprogram to the production phase.
(b) Factors to Be Considered for Milestone B Approval.—
A major defense acquisition program or major subprogram may not receive Milestone B approval until the milestone decision authority confirms the following factors were considered in the decision to grant Milestone B approval:
(1) The program or subprogram has received a preliminary design review and a formal post-preliminary design review or an equivalent assessment was conducted.
(2) The technology in the program or subprogram has been demonstrated in a relevant environment.
(3) The program or subprogram is affordable when considering the ability of the Department of Defense to accomplish the program’s or subprogram’s general mission using alternative systems.
(4) Reasonable lifecycle cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation, the plan under the program or subprogram.
(5) The estimated procurement unit cost for the program or subprogram and the estimated date for initial operational capability for the baseline description for the program or subprogram (under section 4214 of this title) have been established.
(6) Funding is expected to be available to execute the product development and production plan for the program or subprogram, consistent with the estimates described in paragraph (4) for the program or subprogram.
(7) Appropriate market research has been conducted prior to technology development, including market research of commercial products, commercial services, and nondevelopmental items (as defined in section 110 of title 41).
(8) The Department of Defense has completed an analysis of alternatives with respect to the program or subprogram, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted.
(9) The Joint Requirements Oversight Council has accomplished its duties with respect to the program or subprogram pursuant to section 181(b) of this title, including an analysis of the operational requirements for the program or subprogram.
(10) Life-cycle sustainment planning has identified and evaluated relevant sustainment cost elements, factors, risks, and gaps that are likely to drive readiness of the system as well as operating and supporting costs.
(11) An estimate has been made of the requirements for core logistics capabilities and the associated sustaining workloads required to support such requirements.
(12) The program or subprogram complies with all relevant policies, regulations, and directives of the Department of Defense.
(13) Appropriate actions are planned for the acquisition of technical data required to support the program or subprogram.
(14) The program or subprogram has an approved life cycle sustainment plan required under section 4324(b) of this title.
(15) In the case of a naval vessel program or subprogram, such program or subprogram is in compliance with the requirements of section 8669b of this title.
(c) Written Record of Milestone Decision.—
The milestone decision authority shall issue a written record of decision at the time that Milestone B approval is granted. The record shall confirm compliance with subsection (b) and specifically state that the milestone decision authority considered the factors described in subsection (b) prior to the decision to grant milestone approval. The milestone decision authority shall retain records of the basis for the milestone decision.
(d) Changes to Basis for Milestone Approval.—
(1) The program manager for a major defense acquisition program that has received a written record of the milestone decision under subsection (c) shall immediately notify the milestone decision authority of any changes to the program or a designated major subprogram of such program that—
(A) alter the substantive basis for the decision of the milestone decision authority relating to any component of such decision specified in subsection (b); or
(B) otherwise cause the program or subprogram to deviate significantly from the material provided to the milestone decision authority in support of such decision.
(2) Upon receipt of information under paragraph (1), the milestone decision authority may rescind Milestone B approval if the milestone decision authority determines that such approval is no longer valid.
(e) Submissions to Congress on Milestone B.—
(1) Notification.—
Not later than 15 days after granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a written record of the milestone decision.
(2) Additional information.—
(A) At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee an explanation of the basis for the decision to grant Milestone B approval with respect to a major defense acquisition program or major subprogram, or further information or underlying documentation.
(B) The explanation or additional information shall be submitted in unclassified form, but may include a classified annex.
(f) Definitions.—
In this section:
(1) The term “milestone decision authority”, with respect to a major defense acquisition program, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program, including authority to approve entry of the program into the next phase of the acquisition process.
(2) The term “Milestone B approval” has the meaning provided that term in section 4172(e)(7) of this title.
(3) The term “core logistics capabilities” means the core logistics capabilities identified under section 2464(a) of this title.
(4) The term “congressional intelligence committees” has the meaning given that term in section 437(c) of this title.
(5) The term “written record of milestone decision”, with respect to a major defense acquisition program or a major subprogram, means a document signed by the milestone decision authority that formalizes approved entry of the program or subprogram into the next phase of the acquisition process.
(Added Pub. L. 109–163, div. A, title VIII, § 801(a), Jan. 6, 2006, 119 Stat. 3366, § 2366a; amended Pub. L. 109–364, div. A, title VIII, § 805, Oct. 17, 2006, 120 Stat. 2314; Pub. L. 110–181, div. A, title VIII, § 812, Jan. 28, 2008, 122 Stat. 219; renumbered § 2366b, Pub. L. 110–417, [div. A], title VIII, § 813(a), (b), Oct. 14, 2008, 122 Stat. 4527; Pub. L. 111–23, title I, § 101(d)(4), title II, §§ 201(f), 205(a), May 22, 2009, 123 Stat. 1710, 1720, 1724; Pub. L. 111–383, div. A, title VIII, §§ 813(d)(1), 814(c), title IX, § 901(j)(4), title X, § 1075(k)(1), Jan. 7, 2011, 124 Stat. 4265, 4266, 4324, 4378; Pub. L. 112–81, div. A, title VIII, §§ 801(b), (e)(2), 819(b), Dec. 31, 2011, 125 Stat. 1483, 1484, 1501; Pub. L. 112–239, div. A, title III, § 322(e)(2), title IX, § 904(e)(2), Jan. 2, 2013, 126 Stat. 1695, 1867; Pub. L. 113–66, div. A, title VIII, §§ 821(a), 822(a), title X, § 1091(b)(1), Dec. 26, 2013, 127 Stat. 809, 876; Pub. L. 114–92, div. A, title VIII, § 824(a), Nov. 25, 2015, 129 Stat. 903; Pub. L. 114–328, div. A, title VIII, §§ 805(a)(3), 807(e), 808(b), 843, Dec. 23, 2016, 130 Stat. 2255, 2262, 2263, 2290; Pub. L. 115–91, div. A, title VIII, §§ 835(b)(1), 838(a)(1), Dec. 12, 2017, 131 Stat. 1471, 1474; Pub. L. 115–232, div. A, title VIII, § 831(b)(3), Aug. 13, 2018, 132 Stat. 1857; Pub. L. 116–92, div. A, title VIII, § 833, Dec. 20, 2019, 133 Stat. 1494; renumbered § 4252 and amended Pub. L. 116–283, div. A, title VIII, § 802(b), title XVIII, §§ 1847(d)(2), 1883(b)(2), Jan. 1, 2021, 134 Stat. 3732, 4255, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(C)(iii), Dec. 27, 2021, 135 Stat. 2147; Pub. L. 118–159, div. A, title VIII, § 807, Dec. 23, 2024, 138 Stat. 1974.)
heading: Editorial Notes
heading: Amendments
text: 2024—Pub. L. 118–159, § 807(1), substituted “factors to be considered before” for “certification required before” in section catchline.
Subsec. (a). Pub. L. 118–159, § 807(4), added subsec. (a). Former subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 118–159, § 807(3), (5), redesignated subsec. (a) as (b) and amended it generally. Prior to amendment, subsec. related to certifications and determinations required for Milestone B approval.
Subsec. (c). Pub. L. 118–159, § 807(6), added subsec. (c). Former subsec. (c) redesignated (e).
Subsec. (d). Pub. L. 118–159, § 807(7)(A), substituted “Basis for Milestone Approval” for “Certifications or Determination” in heading.
Pub. L. 118–159, § 807(2), (3), redesignated subsec. (b) as (d) and struck out former subsec. (d) which related to waiver of the certification and determination requirements to a major defense acquisition program in order to meet critical national security objectives.
Subsec. (d)(1). Pub. L. 118–159, § 807(7)(B)(i), in introductory provisions, substituted “a written record of the milestone decision under subsection (c)” for “certifications or a determination under subsection (a)”.
Subsec. (d)(1)(A). Pub. L. 118–159, § 807(7)(B)(ii), substituted “decision of the milestone decision authority” for “certifications or determination of the milestone decision authority” and “decision specified in subsection (b)” for “certifications or determination specified in paragraph (1), (2), or (3) of subsection (a)”.
Subsec. (d)(1)(B). Pub. L. 118–159, § 807(7)(B)(iii), substituted “such decision” for “such certifications or determination”.
Subsec. (d)(2). Pub. L. 118–159, § 807(7)(C), struck out “withdraw the certifications or determination concerned or” after “milestone decision authority may” and substituted “approval is” for “certifications, determination, or approval are”.
Subsec. (e). Pub. L. 118–159, § 807(3), (8), redesignated subsec. (c) as (e) and amended it generally. Prior to amendment, subsec. related to submission to Congress of brief summary reports on Milestone B. Former subsec. (e) struck out.
Pub. L. 118–159, § 807(2), struck out subsec. (e). Text read as follows: “Any budget request, budget justification material, budget display, reprogramming request, Selected Acquisition Report, or other budget documentation or performance report submitted by the Secretary of Defense to the President regarding a major defense acquisition program receiving a waiver pursuant to subsection (d) shall prominently and clearly indicate that such program has not fully satisfied the certification requirements of this section until such time as the milestone decision authority makes the determination that such program has satisfied all such certification requirements.”
Subsec. (f). Pub. L. 118–159, § 807(2), (3), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “The milestone decision authority may not delegate the certification requirement under subsection (a) or the authority to waive any component of such requirement under subsection (d).”
Subsec. (f)(4) to (6). Pub. L. 118–159, § 807(9), added par. (5), redesignated par. (6) as (4), and struck out former pars. (4) and (5) which defined the terms fielding target and major system component, respectively.
2021—Pub. L. 116–283, § 1847(d)(2)(A), renumbered section 2366b of this title as this section.
Subsec. (a)(2). Pub. L. 116–283, § 1847(d)(2)(B)(i), substituted “section 4272” for “section 2448b”.
Subsec. (a)(3)(D). Pub. L. 116–283, § 1847(d)(2)(B)(ii)(I), substituted “section 4214 of this title” for “section 2435” and “section 4271(a)” for “section 2448a(a)”.
Subsec. (a)(3)(N). Pub. L. 116–283, § 1847(d)(2)(B)(ii)(II), substituted “section 4402(e)” for “section 2446b(e)”.
Pub. L. 116–283, § 802(b)(1)(A), struck out “and” after “met;”.
Subsec. (a)(3)(O). Pub. L. 116–283, § 802(b)(1)(B), which directed amendment of subpar. (O) by substituting “; and” for period at the end, was executed by making the substitution for semicolon at end to reflect the probable intent of Congress.
Subsec. (a)(3)(P). Pub. L. 116–283, § 1883(b)(2), substituted “section 4324(b)” for “section 2337(b)”.
Pub. L. 116–283, § 802(b)(1)(C), added subpar. (P).
Subsec. (c)(1)(A). Pub. L. 116–283, § 1847(d)(2)(C)(i)(I), substituted “section 4271(a)” for “section 2448a(a)”.
Subsec. (c)(1)(C). Pub. L. 116–283, § 1847(d)(2)(C)(i)(II), substituted “section 3221(b)(6)” for “section 2334(a)(6)” in introductory provisions.
Subsec. (c)(1)(E). Pub. L. 116–283, § 1847(d)(2)(C)(i)(III), substituted “section 4272” for “section 2448b”.
Subsec. (c)(1)(H). Pub. L. 116–283, § 1883(b)(2), substituted “section 4324” for “section 2337”.
Pub. L. 116–283, § 802(b)(2)(B), added subpar. (H). Former subpar. (H) redesignated (I).
Subsec. (c)(1)(I). Pub. L. 116–283, § 802(b)(2)(A), redesignated subpar. (H) as (I).
Subsec. (c)(2)(A). Pub. L. 116–283, § 1847(d)(2)(C)(ii), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(iii), substituted “section 4351” for “section 2432”.
Subsec. (d)(3). Pub. L. 116–283, § 1847(d)(2)(D), substituted “section 4377” for “section 2433a(c)” in introductory provisions.
Subsec. (g)(1). Pub. L. 116–283, § 1847(d)(2)(E)(i), redesignated par. (3) as (1) and struck out former par. (1) which defined “major defense acquisition program”.
Subsec. (g)(2). Pub. L. 116–283, § 1847(d)(2)(E)(i), (ii), redesignated par. (4) as (2), substituted “section 4172(e)(7)” for “section 2366(e)(7)”, and struck out former par. (2) which defined “designated major subprogram”.
Subsec. (g)(3). Pub. L. 116–283, § 1847(d)(2)(E)(i), redesignated par. (5) as (3). Former par. (3) redesignated (1).
Subsec. (g)(4). Pub. L. 116–283, § 1847(d)(2)(E)(i), (iii), redesignated par. (6) as (4) and substituted “section 4271(a)” for “section 2448a(a)”. Former par. (4) redesignated (2).
Subsec. (g)(5). Pub. L. 116–283, § 1847(d)(2)(E)(i), (iv), redesignated par. (7) as (5) and substituted “section 4401(b)(3)” for “section 2446a(b)(3)”. Former par. (5) redesignated (3).
Subsec. (g)(6) to (8). Pub. L. 116–283, § 1847(d)(2)(E)(i), redesignated pars. (6) to (8) as (4) to (6), respectively.
2019—Subsec. (a)(5). Pub. L. 116–92 added par. (5).
2018—Subsec. (a)(3)(D). Pub. L. 115–232, § 831(b)(3)(A), struck out “Secretary of Defense after a request for such increase or delay by the” before “milestone decision authority”.
Subsec. (c)(1)(A). Pub. L. 115–232, § 831(b)(3)(B), struck out “by the Secretary of Defense” after “established”.
2017—Subsec. (a)(3)(O). Pub. L. 115–91, § 835(b)(1), added subpar. (O).
Subsec. (c)(1)(G), (H). Pub. L. 115–91, § 838(a)(1), added subpar. (G) and redesignated former subpar. (G) as (H).
2016—Subsec. (a)(2). Pub. L. 114–328, § 807(e)(1), substituted “technical risk assessment conducted under section 2448b of this title” for “assessment by the Assistant Secretary of Defense for Research and Engineering, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation”.
Subsec. (a)(3)(B). Pub. L. 114–328, § 843(1), substituted “life-cycle cost;” for “acquisition cost in the context of the total resources available during the period covered by the future-years defense program submitted during the fiscal year in which the certification is made;”.
Subsec. (a)(3)(C). Pub. L. 114–328, § 807(e)(2)(A), struck out “and” at end.
Subsec. (a)(3)(D). Pub. L. 114–328, § 807(e)(2)(C), added subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (a)(3)(E). Pub. L. 114–328, § 843(2), which directed amendment of subpar. (D) by substituting “funding is expected to be available to execute the product development and production plan for the program,” for “funding is” and all that followed through “made,”, was executed by making the substitution for “funding is available to execute the product development and production plan under the program, through the period covered by the future-years defense program submitted during the fiscal year in which the certification is made,” in subpar. (E), to reflect the probable intent of Congress and the amendment by Pub. L. 114–328, § 807(e)(2)(B). See below.
Pub. L. 114–328, § 807(e)(2)(B), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).
Subsec. (a)(3)(F) to (L). Pub. L. 114–328, § 807(e)(2)(B), redesignated subpars. (E) to (K) as (F) to (L), respectively. Former subpar. (L) redesignated (M).
Subsec. (a)(3)(M). Pub. L. 114–328, § 807(e)(2)(B), redesignated subpar. (L) as (M). Former subpar. (M) redesignated (N).
Pub. L. 114–328, § 805(a)(3), added subpar. (M).
Subsec. (a)(3)(N). Pub. L. 114–328, § 807(e)(2)(B), redesignated subpar. (M) as (N).
Subsec. (c). Pub. L. 114–328, § 808(b)(1), amended subsec. (c) generally. Prior to amendment, text read as follows:
“(1) The certifications and determination under subsection (a) with respect to a major defense acquisition program shall be submitted to the congressional defense committees with the first Selected Acquisition Report submitted under section 2432 of this title after completion of the certification.
“(2) The milestone decision authority shall retain records of the basis for the certifications and determination under paragraphs (1), (2), and (3) of subsection (a).
“(3) At the request of any of the congressional defense committees, the Secretary of Defense shall submit to the committee an explanation of the basis for the certifications and determination under paragraphs (1), (2), and (3) of subsection (a) with respect to a major defense acquisition program. The explanation shall be submitted in unclassified form, but may include a classified annex.”
Subsec. (g)(6) to (8). Pub. L. 114–328, § 808(b)(2), added pars. (6) to (8).
2015—Pub. L. 114–92 amended section generally. Prior to amendment, section related to certification required before Milestone B approval of major defense acquisition programs.
2013—Subsec. (a)(3)(D). Pub. L. 112–239, § 904(e)(2), substituted “the Assistant Secretary of Defense for Research and Engineering, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation” for “the Assistant Secretary of Defense for Research and Engineering”.
Subsec. (a)(3)(F). Pub. L. 112–239, § 322(e)(2), as amended by Pub. L. 113–66, § 1091(b)(1), substituted “core logistics capabilities” for “core depot-level maintenance and repair capabilities, as well as the associated logistics capabilities”.
Subsec. (a)(3)(G), (H). Pub. L. 113–66, § 821(a), added subpar. (G) and redesignated former subpar. (G) as (H).
Subsec. (a)(4). Pub. L. 113–66, § 822(a), added par. (4).
2011—Pub. L. 112–81, § 801(e)(2)(A), struck out “or Key Decision Point B” after “Milestone B” in section catchline.
Subsec. (a). Pub. L. 112–81, § 801(e)(2)(B), struck out “, or Key Decision Point B approval in the case of a space program,” after “Milestone B approval” in introductory provisions.
Subsec. (a)(3)(D). Pub. L. 111–383, § 901(j)(4), substituted “Assistant Secretary of Defense for Research and Engineering” for “Director of Defense Research and Engineering”.
Subsec. (a)(3)(E) to (G). Pub. L. 112–81, § 801(b)(1), added subpars. (E) and (F) and redesignated former subpar. (E) as (G).
Subsec. (b)(1). Pub. L. 111–383, § 814(c)(1)(A), substituted “any changes to the program or a designated major subprogram of such program” for “any changes to the program” in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 111–383, § 814(c)(1)(B), substituted “otherwise cause the program or subprogram” for “otherwise cause the program”.
Subsec. (b)(2). Pub. L. 112–81, § 801(e)(2)(C), struck out “(or Key Decision Point B approval in the case of a space program)” after “Milestone B approval”.
Subsec. (d)(1). Pub. L. 112–81, § 801(e)(2)(C), struck out “(or Key Decision Point B approval in the case of a space program)” after “Milestone B approval” in two places.
Pub. L. 111–383, § 813(d)(1)(A), substituted “(as specified in paragraph (1), (2), or (3) of subsection (a))” for “(as specified in paragraph (1) or (2) of subsection (a))”.
Subsec. (d)(2)(B). Pub. L. 111–383, § 1075(k)(1), which directed amendment of directory language of Pub. L. 111–23, § 205(a)(1)(B), resulting in substitution of “paragraphs (1), (2), and (3)” for “paragraphs (1) and (2)” in text, was not executed because of the prior identical amendment by Pub. L. 111–383, § 813(d)(1)(B). See below.
Pub. L. 111–383, § 813(d)(1)(B), substituted “specified in paragraphs (1), (2), and (3) of subsection (a)” for “specified in paragraphs (1) and (2) of subsection (a)”.
Subsec. (d)(3). Pub. L. 112–81, § 819(b), added par. (3).
Subsec. (g)(2) to (4). Pub. L. 111–383, § 814(c)(2), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5).
Subsec. (g)(5). Pub. L. 112–81, § 801(b)(2), added par. (5) and struck out former par. (5) which read as follows: “The term ‘Key Decision Point B’ means the official program initiation of a National Security Space program of the Department of Defense, which triggers a formal review to determine maturity of technology and the program’s readiness to begin the preliminary system design.”
Pub. L. 111–383, § 814(c)(2)(A), redesignated par. (4) as (5).
2009—Subsec. (a)(1)(B). Pub. L. 111–23, § 201(f), inserted “appropriate trade-offs among cost, schedule, and performance objectives have been made to ensure that” before “the program is affordable”.
Subsec. (a)(1)(C). Pub. L. 111–23, § 101(d)(4), inserted “, with the concurrence of the Director of Cost Assessment and Program Evaluation,” before “the product”.
Subsec. (a)(1)(D). Pub. L. 111–23, § 205(a)(3)(A), struck out “and” at end.
Subsec. (a)(2), (3). Pub. L. 111–23, § 205(a)(3)(B), (C), added par. (2) and redesignated former par. (2) as (3).
Subsec. (a)(3)(D). Pub. L. 111–23, § 205(a)(3)(D)(i), substituted “, as determined by the Milestone Decision Authority on the basis of an independent review and assessment by the Director of Defense Research and Engineering; and” for semicolon.
Subsec. (a)(3)(E), (F). Pub. L. 111–23, § 205(a)(3)(D)(ii), (iii), redesignated subpar. (F) as (E) and struck out former subpar. (E) which read as follows: “the program demonstrates a high likelihood of accomplishing its intended mission; and”.
Subsec. (d). Pub. L. 111–23, § 205(a)(1), designated existing provisions as par. (1) and substituted par. (2) for “Whenever the milestone decision authority makes such a determination and authorizes such a waiver, the waiver, the determination, and the reasons for the determination shall be submitted in writing to the congressional defense committees within 30 days after the waiver is authorized.”
Subsecs. (e) to (g). Pub. L. 111–23, § 205(a)(2), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
2008—Pub. L. 110–417, § 813(a), (b), renumbered section 2366a of this title as this section.
Subsec. (a). Pub. L. 110–181, § 812(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) consisted of pars. (1) to (10) relating to required certifications by milestone decision authority for major defense acquisition program to receive Milestone B approval, or Key Decision Point B approval in the case of a space program.
Subsec. (b). Pub. L. 110–181, § 812(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 110–181, § 812(4), designated existing provisions as par. (1) and added par. (2).
Pub. L. 110–181, § 812(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110–181, § 812(5), substituted “authority may, at the time of Milestone B approval (or Key Decision Point B approval in the case of a space program) or at the time that such milestone decision authority withdraws a certification or rescinds Milestone B approval (or Key Decision Point B approval in the case of a space program) pursuant to subsection (b)(2), waive” for “authority may waive” and “paragraph (1) or (2)” for “paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9)”.
Pub. L. 110–181, § 812(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 110–181, § 812(6), substituted “subsection (d)” for “subsection (c)”.
Pub. L. 110–181, § 812(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 110–181, § 812(2), redesignated subsec. (e) as (f).
2006—Subsec. (a)(1) to (7). Pub. L. 109–364, § 805(a)(1)–(3), added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively. Former par. (7) redesignated (10).
Subsec. (a)(8), (9). Pub. L. 109–364, § 805(a)(4), (5), added pars. (8) and (9).
Subsec. (a)(10). Pub. L. 109–364, § 805(a)(1), redesignated par. (7) as (10).
Subsec. (c). Pub. L. 109–364, § 805(b), substituted “(5), (6), (7), (8), or (9)” for “(5), or (6)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by sections 1847(d)(2) and 1883(b)(2) of 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.
heading: Effective Date of 2017 Amendment
text: Pub. L. 115–91, div. A, title VIII, § 835(b)(2), Dec. 12, 2017, 131 Stat. 1471, provided that: “Section 2366b(a)(3)(O) of title 10, United States Code [now 10 U.S.C. 4252(a)(3)(O)], as added by paragraph (1), shall apply with respect to any major defense acquisition program receiving Milestone B approval on or after the date occurring one year after the date of the enactment of this Act [Dec. 12, 2017].”
heading: Effective Date of 2013 Amendment
text: Pub. L. 113–66, div. A, title VIII, § 821(b), Dec. 26, 2013, 127 Stat. 809, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 26, 2013], and shall apply with respect to major defense acquisition programs which are subject to Milestone B approval on or after the date occurring six months after the date of the enactment of this Act.”
Pub. L. 113–66, div. A, title X, § 1091(b), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment made by section 1091(b)(1) is effective as of Jan. 2, 2013, and as if included in Pub. L. 112–239 as enacted.
Amendment by section 322(e)(2) of Pub. L. 112–239 effective Dec. 31, 2011, immediately after enactment of Pub. L. 112–81, see section 322(f) of Pub. L. 112–239, set out as an note under section 4251 of this title.
heading: Effective Date of 2011 Amendment
text: Pub. L. 111–383, div. A, title VIII, § 813(d)(1), Jan. 7, 2011, 124 Stat. 4265, provided that the amendment made by section 813(d)(1) is effective as of May 22, 2009.
Amendment by section 901(j)(4) of Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.
Pub. L. 111–383, div. A, title X, § 1075(k), Jan. 7, 2011, 124 Stat. 4378, provided that the amendment made by section 1075(k)(1) is effective as of May 22, 2009, and as if included in Pub. L. 111–23 as enacted.
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: 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.”