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119th Congress

Title 10 — Armed Forces

Part V · Chapter 321 — General Matters

§ 4204. Milestone decision authority

Statutory text

(a)

Service Acquisition Executive.—

The milestone decision authority for a major defense acquisition program reaching Milestone A after , 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 section 4351 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.—

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1846(b) · 134 Stat. 3388

    Enacted · 10 U.S.C. § 4204

    Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (f)(1)–(7), Jan. 1, 2021, 134 Stat. 4248, 4250, 4251

    Source evidence

    Code source credit
    Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (f)(1)–(7), Jan. 1, 2021, 134 Stat. 4248, 4250, 4251

    Enacted provision · exact public law section
    (b) Designation of Revised Subpart F and Insertion of New Chapter 321.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended by inserting before subpart G the following new subpart: “Subpart F— Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development “CHAPTER 321— GENERAL MATTERS “Sec. “4201. Major defense acquisition programs: definition; exceptions. “4202. Authority to increase definitional threshold amounts: major defense acquisition programs; major systems. “4203. Major subprograms. “4204. Milestone decision authority. “4205. Weapon systems for which procurement funding requested in budget: development and procurement schedules. “§ 4201. Major defense acquisition programs: definition; exceptions “§ 4202. Authority to increase definitional threshold amounts: major defense acquisition programs; major systems “§ 4204. Milestone decision authority” .

    Effective date note
    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 Effective Date note below.

  2. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(1) · 134 Stat. 3388

    1. Struck · 10 U.S.C. § 4204

      Pub. L. 116–283, § 1846(f)(1), transferred subsec. (d) of section 2430 of this title to this section, struck out subsec. designation

    2. Redesignated · 10 U.S.C. § 4204

      Pub. L. 116–283, § 1846(f)(1), transferred subsec. (d) of section 2430 of this title to this section, redesignated pars. (1) to (5) as subsecs. (a) to (d), and (f), respectively

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1846(f)(1), transferred subsec. (d) of section 2430 of this title to this section, struck out subsec. designation, and redesignated pars. (1) to (5) as subsecs. (a) to (d), and (f), respectively.

    Enacted provision · exact public law section
    (1) Transfer and internal redesignations.— Subsection (d) of section 2430 of title 10, United States Code, is transferred to section 4204 of such title, as added by subsection (b), inserted after the section heading, and amended by striking the subsection designation and redesignating paragraphs (1), (2), (3), (4), and (5) as subsections (a), (b), (c), (d), and (f), respectively.

    Effective date note
    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 Effective Date note below.

  3. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(2) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 4204(a)

      Pub. L. 116–283, § 1846(f)(2), inserted subsec. heading

    2. Substituted · 10 U.S.C. § 4204(a)

      Pub. L. 116–283, § 1846(f)(2), substituted “under subsection (b)” for “under paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 1846(f)(2), inserted subsec. heading and substituted “under subsection (b)” for “under paragraph (2)”.

    Enacted provision · exact public law section
    (2) Amendments to new section 4204(a).— Subsection (a) of such section 4204, as transferred and redesignated by paragraph (1), is amended— (A) by inserting “Service Acquisition Executive.—” before “The milestone”; and (B) by striking “under paragraph (2)” and inserting “under subsection (b)”.

    Effective date note
    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 Effective Date note below.

  4. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(3)(A) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 4204(b)

      Pub. L. 116–283, § 1846(f)(3)(A)–(C), inserted subsec. heading

    2. Substituted · 10 U.S.C. § 4204(b)

      Pub. L. 116–283, § 1846(f)(3)(A)–(C), substituted “to which any of the following applies:” for “to which—” in introductory provisions

    3. Redesignated · 10 U.S.C. § 4204(b)

      Pub. L. 116–283, § 1846(f)(3)(A)–(C), redesignated subpars. (A) to (E) as pars. (1) to (5), respectively

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–283, § 1846(f)(3)(A)–(C), inserted subsec. heading, substituted “to which any of the following applies:” for “to which—” in introductory provisions, and redesignated subpars. (A) to (E) as pars. (1) to (5), respectively.

    Enacted provision · exact public law section
    (A) by inserting “Designation of Alternate Milestone Decision Authority.—” before “The Secretary”;

    Effective date note
    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 Effective Date note below.

  5. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(3)(D) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4204(b)(1)

    Pub. L. 116–283, § 1846(f)(3)(D), (G), substituted “Subject to subsection (f)” for “subject to paragraph (5)” and period for semimcolon at end

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–283, § 1846(f)(3)(D), (G), substituted “Subject to subsection (f)” for “subject to paragraph (5)” and period for semimcolon at end.

    Enacted provision · exact public law section
    (D) in paragraph (1), as so redesignated, by striking “subject to paragraph (5)” and inserting “Subject to subsection (f)”;

    Effective date note
    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 Effective Date note below.

  6. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(3)(F) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4204(b)(2)

    Pub. L. 116–283, § 1846(f)(3)(F), (G), substituted “The Secretary” for “the Secretary” and period for semicolon at end

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 116–283, § 1846(f)(3)(F), (G), substituted “The Secretary” for “the Secretary” and period for semicolon at end.

    Enacted provision · exact public law section
    (F) by striking “the” at the beginning of paragraphs (2), (3), (4), and (5), as so redesignated, and inserting “The”;

    Effective date note
    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 Effective Date note below.

  7. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(3)(E) · 134 Stat. 3388

    1. Substituted · 10 U.S.C. § 4204(b)(3)

      Pub. L. 116–283, § 1846(f)(3)(E)–(G), substituted “The program” for “the program” period for semicolon at end

    2. Substituted · 10 U.S.C. § 4204(b)(3)

      Pub. L. 116–283, § 1846(f)(3)(E)–(G), substituted “sections 4371 through 4375” for “section 2433” period for semicolon at end

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 116–283, § 1846(f)(3)(E)–(G), substituted “The program” for “the program”, “sections 4371 through 4375” for “section 2433” and period for semicolon at end.

    Enacted provision · exact public law section
    (E) in paragraph (3), as so redesignated, by striking “section 2433” and inserting “sections 4371 through 4375”;

    Effective date note
    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 Effective Date note below.

  8. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(3)(F) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4204(b)(4)

    Pub. L. 116–283, § 1846(f)(3)(F), (H), substituted “The program” for “the program” and period at end for “; or”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 116–283, § 1846(f)(3)(F), (H), substituted “The program” for “the program” and period at end for “; or”.

    Enacted provision · exact public law section
    (F) by striking “the” at the beginning of paragraphs (2), (3), (4), and (5), as so redesignated, and inserting “The”;

    Effective date note
    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 Effective Date note below.

  9. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(3)(F) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4204(b)(5)

    Pub. L. 116–283, § 1846(f)(3)(F), substituted “The Secretary” for “the Secretary”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 116–283, § 1846(f)(3)(F), substituted “The Secretary” for “the Secretary”.

    Enacted provision · exact public law section
    (F) by striking “the” at the beginning of paragraphs (2), (3), (4), and (5), as so redesignated, and inserting “The”;

    Effective date note
    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 Effective Date note below.

  10. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(4) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 4204(c)

      Pub. L. 116–283, § 1846(f)(4), inserted subsec. heading

    2. Redesignated · 10 U.S.C. § 4204(c)

      Pub. L. 116–283, § 1846(f)(4), redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, realigned margins

    3. Substituted · 10 U.S.C. § 4204(c)

      Pub. L. 116–283, § 1846(f)(4), substituted “under subsection (b)” for “under paragraph (2)” in par. (2)

    4. Substituted · 10 U.S.C. § 4204(c)

      Pub. L. 116–283, § 1846(f)(4), substituted “sections 4371 through 4375” for “section 2433” in par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 1846(f)(4), inserted subsec. heading, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, realigned margins, and substituted “under subsection (b)” for “under paragraph (2)” in par. (1) and “sections 4371 through 4375” for “section 2433” in par. (2).

    Enacted provision · exact public law section
    (4) Amendments to new section 4204(c).— Subsection (c) of section 4204 of such title, as so redesignated, is amended— (A) by striking “(A) After designating” and inserting “ Reversion to Service Acquisition Executive.— “(1) After designating” ; (B) by striking “under paragraph (2)” and inserting “under subsection (b)”; and (C) by redesignating subparagraph (B) as paragraph (2), realigning that paragraph 2 ems from the left margin, and striking “section 2433” and inserting “sections 4371 through 4375”.

    Effective date note
    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 Effective Date note below.

  11. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(5) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4204(d)

      Pub. L. 116–283, § 1846(f)(5), as amended by Pub. L. 117–81, § 1701(o)(6)(B)(i)

    2. Inserted · 10 U.S.C. § 4204(d)

      Pub. L. 116–283, § 1846(f)(5), as inserted subsec. heading

    3. Struck · 10 U.S.C. § 4204(d)

      Pub. L. 116–283, § 1846(f)(5), as struck out subpar. (A) designation before “For each”

    4. Substituted · 10 U.S.C. § 4204(d)

      Pub. L. 116–283, § 1846(f)(5), as substituted “under section 4351 of this title—” for “under section 2432 of this title,”

    5. Inserted · 10 U.S.C. § 4204(d)

      Pub. L. 116–283, § 1846(f)(5), as inserted par. (1) designation before “certify that”

    6. Substituted · 10 U.S.C. § 4204(d)

      Pub. L. 116–283, § 1846(f)(5), as substituted “the program; and” for “the program and”

    7. Inserted · 10 U.S.C. § 4204(d)

      Pub. L. 116–283, § 1846(f)(5), as inserted par. (2) designation before “identify and report”

    8. Redesignated · 10 U.S.C. § 4204(d)

      Pub. L. 116–283, § 1846(f)(5), as redesignated subpar. (B) as subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–283, § 1846(f)(5), as amended by Pub. L. 117–81, § 1701(o)(6)(B)(i), inserted subsec. heading, struck out subpar. (A) designation before “For each”, substituted “under section 4351 of this title—” for “under section 2432 of this title,”, inserted par. (1) designation before “certify that”, substituted “the program; and” for “the program and”, inserted par. (2) designation before “identify and report”, and redesignated subpar. (B) as subsec. (e).

    Enacted provision · exact public law section
    (5) Amendments to new section 4204(d).— Subsection (d) of section 4204 of such title, as so redesignated, is amended— (A) by striking “(A) For each” and inserting “Certifications relating to program requirements and funding.—For each”; (B) by redesignating subparagraph (B) as subsection (e); (C) by striking “under section 2432 of this title, certify that” and inserting “under sections 4351 through 4358 of this title— “(1) certify that” ; and (D) by striking “the program and identify and report” and inserting “the program; and “(2) identify and report” .

    Effective date note
    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 Effective Date note below.

  12. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(6) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4204(e)

      Pub. L. 116–283, § 1846(f)(6), as amended by Pub. L. 117–81, § 1701(b)(15)(A)

    2. Inserted · 10 U.S.C. § 4204(e)

      Pub. L. 116–283, § 1846(f)(6), as inserted subsec. heading

    3. Substituted · 10 U.S.C. § 4204(e)

      Pub. L. 116–283, § 1846(f)(6), as substituted “programs and shall—” for “programs and shall”

    4. Inserted · 10 U.S.C. § 4204(e)

      Pub. L. 116–283, § 1846(f)(6), as inserted par. (1) designation before “limit outside requirements”

    5. Substituted · 10 U.S.C. § 4204(e)

      Pub. L. 116–283, § 1846(f)(6), as substituted “decision authority; and” for “decision authority and”

    6. Inserted · 10 U.S.C. § 4204(e)

      Pub. L. 116–283, § 1846(f)(6), as inserted par. (2) designation before “ensure that”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–283, § 1846(f)(6), as amended by Pub. L. 117–81, § 1701(b)(15)(A), inserted subsec. heading, substituted “programs and shall—” for “programs and shall”, inserted par. (1) designation before “limit outside requirements”, substituted “decision authority; and” for “decision authority and”, and inserted par. (2) designation before “ensure that”.

    Enacted provision · exact public law section
    (6) Amendments to new section 4204(e).— Subsection (e) of section 4204 of such title, as redesignated by paragraph (5)(B), is amended— (A) by inserting “Documentation and Oversight—” before “The Secretary of Defense”; (B) by striking “programs and shall limit outside requirements” and inserting “programs and shall— “(1) limit outside requirements” ; and (C) by striking “decision authority and ensure that” and inserting “decision authority; and “(2) ensure that” .

    Effective date note
    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 Effective Date note below.

  13. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(5)(B) · 134 Stat. 3388

    Redesignated · 10 U.S.C. § 4204(e)

    Pub. L. 116–283, § 1846(f)(5)(B), redesignated subpar. (B) of subsec. (d) as subsec. (e)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1846(f)(5)(B), redesignated subpar. (B) of subsec. (d) as subsec. (e).

    Enacted provision · exact public law section
    (B) by redesignating subparagraph (B) as subsection (e);

    Effective date note
    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 Effective Date note below.

  14. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1846(f)(7) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 4204(f)

      Pub. L. 116–283, § 1846(f)(7), inserted subsec. heading

    2. Substituted · 10 U.S.C. § 4204(f)

      Pub. L. 116–283, § 1846(f)(7), substituted “in subsection (b)(1)” for “in paragraph (2)(A)”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–283, § 1846(f)(7), inserted subsec. heading and substituted “in subsection (b)(1)” for “in paragraph (2)(A)”.

    Enacted provision · exact public law section
    (7) Amendments to new section 4204(f).— Subsection (f) of section 4204 of such title, as redesignated by paragraph (1), is amended— (A) by inserting “Limitation on Authority to Designate Alternative MDA for Programs Addressing Joint Requirements.—” before “The authority of”; and (B) by striking “in paragraph (2)(A)” and inserting “in subsection (b)(1)”.

    Effective date note
    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 Effective Date note below.

  15. Pub. L. 118–159 div. A title VIII § 811(c) · 138 Stat. 1979

    Struck · 10 U.S.C. § 4204(f)

    Pub. L. 118–159 struck out subsec. (f). Text read as follows: “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.”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–159 struck out subsec. (f). Text read as follows: “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.”

35 of 36 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Codification

The text of subsec. (d) of section 2430 of this title, which was transferred to this section, redesignated as subsecs. (a) to (f) and amended by Pub. L. 116–283, § 1846(f)(1), (5)(B), was based on Pub. L. 114–92, div. A, title VIII, § 825(a), , 129 Stat. 907; Pub. L. 114–328, div. A, title VIII, § 807(b), , 130 Stat. 2261.

Amendments2021–2024 · 2 rounds

2024

Subsec. (f). Pub. L. 118–159 struck out subsec. (f). Text read as follows: “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 , and before .”

2021

Pub. L. 116–283, § 1846(f)(1), transferred subsec. (d) of section 2430 of this title to this section, struck out subsec. designation, and redesignated pars. (1) to (5) as subsecs. (a) to (d), and (f), respectively.

Subsec. (a). Pub. L. 116–283, § 1846(f)(2), inserted subsec. heading and substituted “under subsection (b)” for “under paragraph (2)”.

Subsec. (b). Pub. L. 116–283, § 1846(f)(3)(A)–(C), inserted subsec. heading, substituted “to which any of the following applies:” for “to which—” in introductory provisions, and redesignated subpars. (A) to (E) as pars. (1) to (5), respectively.

Subsec. (b)(1). Pub. L. 116–283, § 1846(f)(3)(D), (G), substituted “Subject to subsection (f)” for “subject to paragraph (5)” and period for semimcolon at end.

Subsec. (b)(2). Pub. L. 116–283, § 1846(f)(3)(F), (G), substituted “The Secretary” for “the Secretary” and period for semicolon at end.

Subsec. (b)(3). Pub. L. 116–283, § 1846(f)(3)(E)–(G), substituted “The program” for “the program”, “sections 4371 through 4375” for “section 2433” and period for semicolon at end.

Subsec. (b)(4). Pub. L. 116–283, § 1846(f)(3)(F), (H), substituted “The program” for “the program” and period at end for “; or”.

Subsec. (b)(5). Pub. L. 116–283, § 1846(f)(3)(F), substituted “The Secretary” for “the Secretary”.

Subsec. (c). Pub. L. 116–283, § 1846(f)(4), inserted subsec. heading, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, realigned margins, and substituted “under subsection (b)” for “under paragraph (2)” in par. (1) and “sections 4371 through 4375” for “section 2433” in par. (2).

Subsec. (d). Pub. L. 116–283, § 1846(f)(5), as amended by Pub. L. 117–81, § 1701(o)(6)(B)(i), inserted subsec. heading, struck out subpar. (A) designation before “For each”, substituted “under section 4351 of this title—” for “under section 2432 of this title,”, inserted par. (1) designation before “certify that”, substituted “the program; and” for “the program and”, inserted par. (2) designation before “identify and report”, and redesignated subpar. (B) as subsec. (e).

Subsec. (e). Pub. L. 116–283, § 1846(f)(6), as amended by Pub. L. 117–81, § 1701(b)(15)(A), inserted subsec. heading, substituted “programs and shall—” for “programs and shall”, inserted par. (1) designation before “limit outside requirements”, substituted “decision authority; and” for “decision authority and”, and inserted par. (2) designation before “ensure that”.

Pub. L. 116–283, § 1846(f)(5)(B), redesignated subpar. (B) of subsec. (d) as subsec. (e).

Subsec. (f). Pub. L. 116–283, § 1846(f)(7), inserted subsec. heading and substituted “in subsection (b)(1)” for “in paragraph (2)(A)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

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 Effective Date note below.

Effective Date

Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 note preceding section 3001 of this title.

Credits

2021–2024 · 3 acts
  1. 2021Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (f)(1)–(7), , 134 Stat. 4248, 4250, 4251
  2. 2021Pub. L. 117–81, div. A, title XVII, § 1701(b)(15)(A), (o)(6)(B)(i), , 135 Stat. 2134, 2147
  3. 2024Pub. L. 118–159, div. A, title VIII, § 811(c), , 138 Stat. 1979.
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(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (f)(1)–(7), , 134 Stat. 4248, 4250, 4251; Pub. L. 117–81, div. A, title XVII, § 1701(b)(15)(A), (o)(6)(B)(i), , 135 Stat. 2134, 2147; Pub. L. 118–159, div. A, title VIII, § 811(c), , 138 Stat. 1979.)

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