Title 10 — Armed Forces
Part V · Chapter 322 — Major Systems and Major Defense Acquisition Programs Generally
§ 4211. Acquisition strategy
Statutory text
Acquisition Strategy Required.—
There shall be an acquisition strategy for each major defense acquisition program and each major system approved by a decision authority.
Responsible Official.—
For each acquisition strategy required by subsection (a), the Under Secretary of Defense for Acquisition and Sustainment, or the decision authority, when the decision authority is the service acquisition executive of the military department that is managing the program, is responsible for issuing and maintaining the requirements for—
the content of the strategy; and
the review and approval process for the strategy.
Considerations.—
In issuing requirements for the content of an acquisition strategy for a major defense acquisition program or major system, the Under Secretary, or the decision authority, when the decision authority is the service acquisition executive of the military department that is managing the program, shall ensure that—
the strategy clearly describes the proposed business case and capability management approach for the program or system, and to the maximum extent practicable, describes how capability requirements will be met through delivery of such program or system;
the strategy contains a clear explanation of the resources, such as time, funding, and management capacity, necessary to meet capability requirements;
the strategy is tailored to address program requirements and constraints; and
the strategy considers the items listed in paragraph (2).
Each strategy shall, where appropriate, consider the following:
An approach that delivers required capabilities in increments, each depending on available mature technology, and that recognizes up front the need for future capability improvements or transitions to alternative end items through use of continuous competition.
Requirements related to logistics, maintenance, and sustainment in accordance with sections 2464 and 2466 of this title, and the acquisition of technical data, computer software, and associated licenses, to enable such requirements in accordance with sections 3771 through 3775 of this title.
A process for collaborative interaction and market research with the science and technology community, including Department of Defense science and technology reinvention laboratories, government innovation cells, academia, small businesses, nontraditional defense contractors, and other contractors.
Identification of enterprise-wide designs and standards in support of an architecture that provides for an integrated suite of capabilities that focuses on simplicity of implementation and speed of delivery.
Overarching roadmaps that create integrated strategic schedules of legacy systems and new capabilities.
A contracting strategy that develops long-term partnerships with multiple companies to actively contribute to architectures, development, production, and sustainment across the capabilities to be developed by decomposing large systems into smaller sets of projects across time and technical component.
An assignment of roles and responsibilities of key personnel of the acquisition workforce, identification of external stakeholder dependencies, and the need for subject matter expert inputs at critical points in the program, including the need for special hiring authority or advisory and assistance services, in order to deliver the desired capabilities.
A process of testing and experimentation with the test community and end users to ensure continuous user feedback, acceptance, and development of concepts of operations.
Review.—
The decision authority shall review and approve, as appropriate, the acquisition strategy for a major defense acquisition program or major system prior to the acquisition decision memorandum and ensure that the strategy is updated at regular intervals to incorporate significant changes to program requirements, resourcing, or acquisition decisions.
Decision Authority Defined.—
In this section, the term “decision authority”, with respect to a major defense acquisition program or major system, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or system, including authority to approve entry of the program or system into the next phase of the acquisition process.
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.
National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 div. A title VIII § 821(a)(1) · 129 Stat. 726
Enacted · 10 U.S.C. § 4211
Added Pub. L. 114–92, div. A, title VIII, § 821(a)(1), Nov. 25, 2015, 129 Stat. 897, § 2431a
Source evidence
Code source credit
Added Pub. L. 114–92, div. A, title VIII, § 821(a)(1), Nov. 25, 2015, 129 Stat. 897, § 2431aEnacted provision · exact public law section
(1) New title 10 section.— Chapter 144 of title 10, United States Code, is amended by inserting after section 2431 the following new section: “§ 2431a. Acquisition strategy “(a) Acquisition Strategy Required.— There shall be an acquisition strategy for each major defense acquisition program, each major automated information system, and each major system approved by a milestone decision authority. “(b) Responsible Official.— For each acquisition strategy required by subsection (a), the Under Secretary of Defense for Acquisition, Technology, and Logistics is responsible for issuing and maintaining the requirements for— “(1) the content of the strategy; and “(2) the review and approval process for the strategy. “(c) Considerations.— (1) In issuing requirements for the content of an acquisition strategy for a major defense acquisition program, major automated information system, or major system, the Under Secretary shall ensure that— “(A) the strategy clearly describes the proposed top-level business and technical management approach for the program or system, in sufficient detail to allow the milestone decision authority to assess the viability of the proposed approach, the method of implementing laws and policies, and program objectives; “(B) the strategy contains a clear explanation of how the strategy is designed to be implemented with available resources, such as time, funding, and management capacity; “(C) the strategy is tailored to address program requirements and constraints; and “(D) the strategy considers the items listed in paragraph (2). “(2) Each strategy shall, where appropriate, consider the following: “(A) An approach that delivers required capability in increments, each depending on available mature technology, and that recognizes up front the need for future capability improvements. “(B) Acquisition approach, including industrial base considerations in accordance with section 2440 of this title. “(C) Risk management, including such methods as competitive prototyping at the system, subsystem, or component level, in accordance with section 2431b of this title. “(D) Business strategy, including measures to ensure competition at the system and subsystem level throughout the life-cycle of the program or system in accordance with section 2337 of this title. “(E) Contracting strategy, including— “(i) contract type and how the type selected relates to level of program risk in each acquisition phase; “(ii) how the plans for the program or system to reduce risk enable the use of fixed-price elements in subsequent contracts and the timing of the use of those fixed price elements; “(iii) market research; and “(iv) consideration of small business participation. “(F) Intellectual property strategy in accordance with section 2320 of this title. “(G) International involvement, including foreign military sales and cooperative opportunities, in accordance with section 2350a of this title. “(H) Multiyear procurement in accordance with section 2306b of this title. “(I) Integration of current intelligence assessments into the acquisition process. “(J) Requirements related to logistics, maintenance, and sustainment in accordance with sections 2464 and 2466 of this title. “(d) Review.— (1) Subject to the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics, the milestone decision authority shall review and approve, as appropriate, the acquisition strategy for a major defense acquisition program, major automated information system, or major system at each of the following times: “(A) Milestone A approval. “(B) The decision to release the request for proposals for development of the program or system. “(C) Milestone B approval. “(D) Each subsequent milestone. “(E) Review of any decision to enter into full-rate production. “(F) When there has been— “(i) a significant change to the cost of the program or system; “(ii) a critical change to the cost of the program or system; “(iii) a significant change to the schedule of the program or system; or “(iv) a significant change to the performance of the program or system. “(G) Any other time considered relevant by the milestone decision authority. “(2) If the milestone decision authority revises an acquisition strategy for a program or system, the milestone decision authority shall provide notice of the revision to the congressional defense committees. “(e) Definitions.— In this section: “(1) The term ‘major defense acquisition program’ has the meaning provided in section 2430 of this title. “(2) The term ‘major system’ has the meaning provided in section 2302(5) of this title. “(3) The term ‘Milestone A approval’ means a decision to enter into technology maturation and risk reduction pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs. “(4) The term ‘Milestone B approval’ has the meaning provided in section 2366(e)(7) of this title. “(5) The term ‘milestone decision authority’, with respect to a major defense acquisition program, major automated information system, or major system, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or system, including authority to approve entry of the program or system into the next phase of the acquisition process. “(6) The term ‘management capacity’, with respect to a major defense acquisition program, major automated information system, or major system, means the capacity to manage the program or system through the use of highly qualified organizations and personnel with appropriate experience, knowledge, and skills. “(7) The term ‘significant change to the cost’, with respect to a major defense acquisition program or major system, means a significant cost growth threshold, as that term is defined in section 2433(a)(4) of this title. “(8) The term ‘critical change to the cost’, with respect to a major defense acquisition program or major system, means a critical cost growth threshold, as that term is defined in section 2433(a)(5) of this title. “(9) The term ‘significant change to the schedule’, with respect to a major defense acquisition program, major automated information system, or major system, means any schedule delay greater than six months in a reported event.” .National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 848(1) · 130 Stat. 2000
Inserted · 10 U.S.C. § 4211(b)
Pub. L. 114–328, § 848(1), in introductory provisions, inserted “, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program,” after “the Under Secretary of Defense for Acquisition, Technology, and Logistics”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 114–328, § 848(1), in introductory provisions, inserted “, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program,” after “the Under Secretary of Defense for Acquisition, Technology, and Logistics”.Enacted provision · exact public law section
(1) in subsection (b), by inserting “, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program,” after “the Under Secretary of Defense for Acquisition, Technology, and Logistics”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 848(2)(A) · 130 Stat. 2000
Inserted · 10 U.S.C. § 4211(c)(1)
Pub. L. 114–328, § 848(2)(A), in introductory provisions, inserted “, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program,” after “the Under Secretary”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 114–328, § 848(2)(A), in introductory provisions, inserted “, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program,” after “the Under Secretary”.Enacted provision · exact public law section
(A) in paragraph (1), by inserting “, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program,” after “the Under Secretary”; andNational Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 848(2)(B) · 130 Stat. 2000
Struck · 10 U.S.C. § 4211(c)(2)(C)
Pub. L. 114–328, § 848(2)(B), struck out “, in accordance with section 2431b of this title” before period at end
Source evidence
Code amendment note
Subsec. (c)(2)(C). Pub. L. 114–328, § 848(2)(B), struck out “, in accordance with section 2431b of this title” before period at end.Enacted provision · exact public law section
(B) in paragraph (2)(C), by striking “, in accordance with section 2431b of this title”; andNational Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 848(3) · 130 Stat. 2000
Substituted · 10 U.S.C. § 4211(d)
Pub. L. 114–328, § 848(3), substituted “The” for “(1) Subject to the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics, the” and, in par. (2)
Inserted · 10 U.S.C. § 4211(d)
Pub. L. 114–328, § 848(3), inserted “because of a change described in paragraph (1)(F)” after “for a program or system”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 114–328, § 848(3), substituted “The” for “(1) Subject to the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics, the” and, in par. (2), inserted “because of a change described in paragraph (1)(F)” after “for a program or system”.Enacted provision · exact public law section
(3) in subsection (d)— (A) in paragraph (1), by striking “(1) Subject to the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics, the” and inserting “The”; and (B) in paragraph (2), by inserting “because of a change described in paragraph (1)(F)” after “for a program or system”.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 div. A title X § 1081(a)(39) · 131 Stat. 1283
Inserted · 10 U.S.C. § 4211(d)(1)
Pub. L. 115–91 inserted “(1)” before “The milestone”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 115–91 inserted “(1)” before “The milestone”.Enacted provision · exact public law section
(39) Section 2431a(d) is amended by inserting “(1)” after “Review.—”.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 div. A title IX § 902(70) · 133 Stat. 1198
Substituted · 10 U.S.C. § 4211(b)
Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics” in introductory provisions.Enacted provision · exact public law section
(70) Section 2431a(b) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(1)(A) · 134 Stat. 3388
Changed · 10 U.S.C. § 4211
Pub. L. 116–283, § 1847(b)(1)(A), renumbered section 2431a of this title as this section
Source evidence
Code amendment note
Pub. L. 116–283, § 1847(b)(1)(A), renumbered section 2431a of this title as this section.Enacted provision · exact public law section
(A) Transfer.— Section 2431a of 10, United States Code, is transferred to chapter 322, as added by subsection (a), inserted after the table of sections at the beginning of subchapter I, and redesignated as section 4211.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 note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(2) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 4211(c)(2)(B)
Pub. L. 116–283, § 1847(b)(2), formerly § 1847(b)(2)(B), as redesignated
Amended · 10 U.S.C. § 4211(c)(2)(B)
Pub. L. 116–283, § 1847(b)(2), formerly § 1847(b)(2)(B), as amended by Pub. L. 117–81, § 1701(s)(1)
Substituted · 10 U.S.C. § 4211(c)(2)(B)
Pub. L. 116–283, § 1847(b)(2), formerly § 1847(b)(2)(B), as substituted “section 4820 of this title” for “section 2440 of this title”
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 116–283, § 1847(b)(2), formerly § 1847(b)(2)(B), as redesignated and amended by Pub. L. 117–81, § 1701(s)(1), substituted “section 4820 of this title” for “section 2440 of this title”.Enacted provision · exact public law section
(2) Transfer of section 2440.— (A) Transfer.— The text of section 2440 of title 10, United States Code, is transferred to section 4211 of such title, as transferred and redesignated by paragraph (1), inserted at the end of subsection (c), designated as paragraph (3), and amended by striking “section 2501” and inserting “section 4811”. (B) Cross-reference.— Subsection (c)(2)(B) of such section 4211 is amended by striking “section 2440 of this title” and inserting “paragraph (3)”;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 note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(1)(B)(i)(I) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4211(c)(2)(D)
Pub. L. 116–283, § 1847(b)(1)(B)(i)(I), substituted “section 4324” for “section 2337”
Source evidence
Code amendment note
Subsec. (c)(2)(D). Pub. L. 116–283, § 1847(b)(1)(B)(i)(I), substituted “section 4324” for “section 2337”.Enacted provision · exact public law section
(I) in subparagraph (D), by striking “section 2337” and inserting “section 4324”;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 note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(1)(B)(i)(II) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4211(c)(2)(F)
Pub. L. 116–283, § 1847(b)(1)(B)(i)(II), substituted “sections 3771 through 3775” for “section 2320”
Source evidence
Code amendment note
Subsec. (c)(2)(F). Pub. L. 116–283, § 1847(b)(1)(B)(i)(II), substituted “sections 3771 through 3775” for “section 2320”.Enacted provision · exact public law section
(II) in subparagraph (F), by striking “section 2320” and inserting “sections 3771 through 3775”; andEffective 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 note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(1)(B)(i)(III) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4211(c)(2)(H)
Pub. L. 116–283, § 1847(b)(1)(B)(i)(III), substituted “sections 3501 through 3511” for “section 2306b”
Source evidence
Code amendment note
Subsec. (c)(2)(H). Pub. L. 116–283, § 1847(b)(1)(B)(i)(III), substituted “sections 3501 through 3511” for “section 2306b”.Enacted provision · exact public law section
(III) in subparagraph (H), by striking “section 2306b” and inserting “sections 3501 through 3511”; andEffective 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 note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(2)(A) · 134 Stat. 3388
Repealed · 10 U.S.C. § 4211(c)(3)
Pub. L. 116–283, § 1847(b)(2)(A), which directed the transfer of section 2440 of this title to subsec. (c)(3) of this section and substitution of “section 4811” for “section 2501” in text, was repealed by Pub. L. 117–81, § 1701(s)(1)(A)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 116–283, § 1847(b)(2)(A), which directed the transfer of section 2440 of this title to subsec. (c)(3) of this section and substitution of “section 4811” for “section 2501” in text, was repealed by Pub. L. 117–81, § 1701(s)(1)(A).Enacted provision · exact public law section
(A) Transfer.— The text of section 2440 of title 10, United States Code, is transferred to section 4211 of such title, as transferred and redesignated by paragraph (1), inserted at the end of subsection (c), designated as paragraph (3), and amended by striking “section 2501” and inserting “section 4811”.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 note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(1)(C) · 134 Stat. 3388
Struck · 10 U.S.C. § 4211(e)
Pub. L. 116–283, § 1847(b)(1)(C), which directed amendment of subsec. (e) by striking pars. (1) and (2)
Redesignated · 10 U.S.C. § 4211(e)
Pub. L. 116–283, § 1847(b)(1)(C), which directed amendment of subsec. (e) by redesignating pars. (3) to (10) as (1) to (8), respectively, was executed by striking pars. (1) and (2)
Redesignated · 10 U.S.C. § 4211(e)
Pub. L. 116–283, § 1847(b)(1)(C), which directed amendment of subsec. (e) by redesignating former pars. (3) to (9) as (1) to (7), respectively, to reflect the probable intent of Congress, as no par. (10) had been enacted. Prior to amendment, pars. (1) and (2) defined “major defense acquisition program” and “major system”, respectively
Source evidence
Code amendment note
Subsec. (e). Pub. L. 116–283, § 1847(b)(1)(C), which directed amendment of subsec. (e) by striking pars. (1) and (2) and redesignating pars. (3) to (10) as (1) to (8), respectively, was executed by striking pars. (1) and (2) and redesignating former pars. (3) to (9) as (1) to (7), respectively, to reflect the probable intent of Congress, as no par. (10) had been enacted. Prior to amendment, pars. (1) and (2) defined “major defense acquisition program” and “major system”, respectively.Enacted provision · exact public law section
(C) Definitions.— Subsection (e) of such section is further amended— (i) by striking paragraphs (1) and (2); and (ii) redesignating paragraphs (3) through (10) (as amended by subparagraph (B)(ii)) as paragraphs (1) through (8), 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 note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(1)(B)(ii)(I) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4211(e)(4)
Pub. L. 116–283, § 1847(b)(1)(B)(ii)(I), substituted “section 4172(e)(7)” for “section 2366(e)(7)”
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 116–283, § 1847(b)(1)(B)(ii)(I), substituted “section 4172(e)(7)” for “section 2366(e)(7)”.Enacted provision · exact public law section
(I) in paragraph (4), by striking “section 2366(e)(7)” and inserting “section 4172(e)(7)”;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 note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(1)(B)(ii)(II) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4211(e)(7)
Pub. L. 116–283, § 1847(b)(1)(B)(ii)(II), substituted “section 4371(a)(2)” for “section 2433(a)(4)”
Source evidence
Code amendment note
Subsec. (e)(7). Pub. L. 116–283, § 1847(b)(1)(B)(ii)(II), substituted “section 4371(a)(2)” for “section 2433(a)(4)”.Enacted provision · exact public law section
(II) in paragraph (7), by striking “section 2433(a)(4)” and inserting “section 4371(a)(2)”; andEffective 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 note below. 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(1)(B)(ii)(III) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4211(e)(8)
Pub. L. 116–283, § 1847(b)(1)(B)(ii)(III), substituted “section 4371(a)(3)” for “section 2433(a)(5)”
Source evidence
Code amendment note
Subsec. (e)(8). Pub. L. 116–283, § 1847(b)(1)(B)(ii)(III), substituted “section 4371(a)(3)” for “section 2433(a)(5)”.Enacted provision · exact public law section
(III) in paragraph (8), by striking “section 2433(a)(5)” and inserting “section 4371(a)(3)”.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 note below. 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.Pub. L. 118–159 § 1701(a)(39)(B) · 138 Stat. 2205
Struck · 10 U.S.C. § 4211(a)
Pub. L. 118–159, § 1701(a)(39)(B), struck out “, each major automated information system,” after “defense acquisition program”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 118–159, § 1701(a)(39)(B), struck out “, each major automated information system,” after “defense acquisition program”.Pub. L. 118–159 § 1701(a)(39)(A) · 138 Stat. 2205
Struck · 10 U.S.C. § 4211(c)(1)
Pub. L. 118–159, § 1701(a)(39)(A), struck out “, major automated information system,” after “defense acquisition program” in introductory provisions
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 118–159, § 1701(a)(39)(A), struck out “, major automated information system,” after “defense acquisition program” in introductory provisions.Pub. L. 118–159 § 1701(a)(39)(C) · 138 Stat. 2205
Substituted · 10 U.S.C. § 4211(c)(2)(H)
Pub. L. 118–159, § 1701(a)(39)(C), substituted “section 3501 of this title” for “sections 3501 through 3511 of this title”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(2)(H). Pub. L. 118–159, § 1701(a)(39)(C), substituted “section 3501 of this title” for “sections 3501 through 3511 of this title”.Pub. L. 118–159 § 1701(a)(39)(A) · 138 Stat. 2205
Struck · 10 U.S.C. § 4211(d); 10 U.S.C. § 4211(e)
Pub. L. 118–159, § 1701(a)(39)(A), struck out “, major automated information system,” after “defense acquisition program” wherever appearing
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 118–159, § 1701(a)(39)(A), struck out “, major automated information system,” after “defense acquisition program” wherever appearing.Pub. L. 119–60 § 1805(a)(1) · 139 Stat. 1235
Struck · 10 U.S.C. § 4211(a)
Pub. L. 119–60, § 1805(a)(1), struck out “milestone” before “decision authority”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 119–60, § 1805(a)(1), struck out “milestone” before “decision authority”.Pub. L. 119–60 § 1805(a)(2) · 139 Stat. 1235
Struck · 10 U.S.C. § 4211(b)
Pub. L. 119–60, § 1805(a)(2), in introductory provisions, struck out “milestone” before “decision authority” in two places
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b). Pub. L. 119–60, § 1805(a)(2), in introductory provisions, struck out “milestone” before “decision authority” in two places.Pub. L. 119–60 § 1805(a)(3)(A)(i) · 139 Stat. 1235
Struck · 10 U.S.C. § 4211(c)(1)
Pub. L. 119–60, § 1805(a)(3)(A)(i), in introductory provisions, struck out “milestone” before “decision authority” in two places
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 119–60, § 1805(a)(3)(A)(i), in introductory provisions, struck out “milestone” before “decision authority” in two places.Pub. L. 119–60 § 1805(a)(3)(A)(ii) · 139 Stat. 1235
Amended · 10 U.S.C. § 4211(c)(1)(A)
Pub. L. 119–60, § 1805(a)(3)(A)(ii), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the strategy clearly describes the proposed top-level business and technical management approach for the program or system, in sufficient detail to allow the milestone decision authority to assess the viability of the proposed approach, the method of implementing laws and policies, and program objectives;”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 119–60, § 1805(a)(3)(A)(ii), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the strategy clearly describes the proposed top-level business and technical management approach for the program or system, in sufficient detail to allow the milestone decision authority to assess the viability of the proposed approach, the method of implementing laws and policies, and program objectives;”.Pub. L. 119–60 § 1805(a)(3)(A)(iii) · 139 Stat. 1235
Substituted · 10 U.S.C. § 4211(c)(1)(B)
Pub. L. 119–60, § 1805(a)(3)(A)(iii), substituted “the resources, such as time, funding, and management capacity, necessary to meet capability requirements” for “how the strategy is designed to be implemented with available resources, such as time, funding, and management capacity”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 119–60, § 1805(a)(3)(A)(iii), substituted “the resources, such as time, funding, and management capacity, necessary to meet capability requirements” for “how the strategy is designed to be implemented with available resources, such as time, funding, and management capacity”.Pub. L. 119–60 § 1805(a)(3)(B) · 139 Stat. 1235
Amended · 10 U.S.C. § 4211(c)(2)
Pub. L. 119–60, § 1805(a)(3)(B), amended par. (2) generally. Prior to amendment, par. (2) related to considerations for each acquisition strategy for a major defense acquisition program or major system
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 119–60, § 1805(a)(3)(B), amended par. (2) generally. Prior to amendment, par. (2) related to considerations for each acquisition strategy for a major defense acquisition program or major system.Pub. L. 119–60 § 1805(a)(4) · 139 Stat. 1235
Added · 10 U.S.C. § 4211(d); 10 U.S.C. § 4211(e)
Pub. L. 119–60, § 1805(a)(4), added subsecs. (d) and (e)
Struck · 10 U.S.C. § 4211(d); 10 U.S.C. § 4211(e)
Pub. L. 119–60, § 1805(a)(4), struck out former subsecs. (d) and (e) which related to times for review and approval of the acquisition strategy and provided definitions for the section, respectively
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 119–60, § 1805(a)(4), added subsecs. (d) and (e) and struck out former subsecs. (d) and (e) which related to times for review and approval of the acquisition strategy and provided definitions for the section, respectively.
22 of 34 references resolved to an enrolled provision · 12 unresolved
Editorial Notes
Amendments2016–2025 · 6 rounds
2025
Subsec. (a). Pub. L. 119–60, § 1805(a)(1), struck out “milestone” before “decision authority”.
Subsec. (b). Pub. L. 119–60, § 1805(a)(2), in introductory provisions, struck out “milestone” before “decision authority” in two places.
Subsec. (c)(1). Pub. L. 119–60, § 1805(a)(3)(A)(i), in introductory provisions, struck out “milestone” before “decision authority” in two places.
Subsec. (c)(1)(A). Pub. L. 119–60, § 1805(a)(3)(A)(ii), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the strategy clearly describes the proposed top-level business and technical management approach for the program or system, in sufficient detail to allow the milestone decision authority to assess the viability of the proposed approach, the method of implementing laws and policies, and program objectives;”.
Subsec. (c)(1)(B). Pub. L. 119–60, § 1805(a)(3)(A)(iii), substituted “the resources, such as time, funding, and management capacity, necessary to meet capability requirements” for “how the strategy is designed to be implemented with available resources, such as time, funding, and management capacity”.
Subsec. (c)(2). Pub. L. 119–60, § 1805(a)(3)(B), amended par. (2) generally. Prior to amendment, par. (2) related to considerations for each acquisition strategy for a major defense acquisition program or major system.
Subsecs. (d), (e). Pub. L. 119–60, § 1805(a)(4), added subsecs. (d) and (e) and struck out former subsecs. (d) and (e) which related to times for review and approval of the acquisition strategy and provided definitions for the section, respectively.
2024
Subsec. (a). Pub. L. 118–159, § 1701(a)(39)(B), struck out “, each major automated information system,” after “defense acquisition program”.
Subsec. (c)(1). Pub. L. 118–159, § 1701(a)(39)(A), struck out “, major automated information system,” after “defense acquisition program” in introductory provisions.
Subsec. (c)(2)(H). Pub. L. 118–159, § 1701(a)(39)(C), substituted “section 3501 of this title” for “sections 3501 through 3511 of this title”.
Subsecs. (d), (e). Pub. L. 118–159, § 1701(a)(39)(A), struck out “, major automated information system,” after “defense acquisition program” wherever appearing.
2021
Pub. L. 116–283, § 1847(b)(1)(A), renumbered section 2431a of this title as this section.
Subsec. (c)(2)(B). Pub. L. 116–283, § 1847(b)(2), formerly § 1847(b)(2)(B), as redesignated and amended by Pub. L. 117–81, § 1701(s)(1), substituted “section 4820 of this title” for “section 2440 of this title”.
Subsec. (c)(2)(D). Pub. L. 116–283, § 1847(b)(1)(B)(i)(I), substituted “section 4324” for “section 2337”.
Subsec. (c)(2)(F). Pub. L. 116–283, § 1847(b)(1)(B)(i)(II), substituted “sections 3771 through 3775” for “section 2320”.
Subsec. (c)(2)(H). Pub. L. 116–283, § 1847(b)(1)(B)(i)(III), substituted “sections 3501 through 3511” for “section 2306b”.
Subsec. (c)(3). Pub. L. 116–283, § 1847(b)(2)(A), which directed the transfer of section 2440 of this title to subsec. (c)(3) of this section and substitution of “section 4811” for “section 2501” in text, was repealed by Pub. L. 117–81, § 1701(s)(1)(A).
Subsec. (e). Pub. L. 116–283, § 1847(b)(1)(C), which directed amendment of subsec. (e) by striking pars. (1) and (2) and redesignating pars. (3) to (10) as (1) to (8), respectively, was executed by striking pars. (1) and (2) and redesignating former pars. (3) to (9) as (1) to (7), respectively, to reflect the probable intent of Congress, as no par. (10) had been enacted. Prior to amendment, pars. (1) and (2) defined “major defense acquisition program” and “major system”, respectively.
Subsec. (e)(4). Pub. L. 116–283, § 1847(b)(1)(B)(ii)(I), substituted “section 4172(e)(7)” for “section 2366(e)(7)”.
Subsec. (e)(7). Pub. L. 116–283, § 1847(b)(1)(B)(ii)(II), substituted “section 4371(a)(2)” for “section 2433(a)(4)”.
Subsec. (e)(8). Pub. L. 116–283, § 1847(b)(1)(B)(ii)(III), substituted “section 4371(a)(3)” for “section 2433(a)(5)”.
2019
Subsec. (b). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics” in introductory provisions.
2017
Subsec. (d)(1). Pub. L. 115–91 inserted “(1)” before “The milestone”.
2016
Subsec. (b). Pub. L. 114–328, § 848(1), in introductory provisions, inserted “, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program,” after “the Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Subsec. (c)(1). Pub. L. 114–328, § 848(2)(A), in introductory provisions, inserted “, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program,” after “the Under Secretary”.
Subsec. (c)(2)(C). Pub. L. 114–328, § 848(2)(B), struck out “, in accordance with section 2431b of this title” before period at end.
Subsec. (d). Pub. L. 114–328, § 848(3), substituted “The” for “(1) Subject to the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics, the” and, in par. (2), inserted “because of a change described in paragraph (1)(F)” after “for a program or system”.
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 note below.
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 a note preceding section 3001 of this title.
Credits
2015–2025 · 8 acts
- 2015Added Pub. L. 114–92, div. A, title VIII, § 821(a)(1), , 129 Stat. 897, § 2431a
- 2016amended Pub. L. 114–328, div. A, title VIII, § 848, , 130 Stat. 2292
- 2017Pub. L. 115–91, div. A, title X, § 1081(a)(39), , 131 Stat. 1596
- 2019Pub. L. 116–92, div. A, title IX, § 902(70), , 133 Stat. 1551
- 2021renumbered § 4211 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(b)(1), (2), , 134 Stat. 4253
- 2021Pub. L. 117–81, div. A, title XVII, § 1701(s)(1), , 135 Stat. 2149
- 2024Pub. L. 118–159, div. A, title XVII, § 1701(a)(39), , 138 Stat. 2205
- 2025Pub. L. 119–60, div. A, title XVIII, § 1805(a), , 139 Stat. 1235.
Show as published
(Added Pub. L. 114–92, div. A, title VIII, § 821(a)(1), , 129 Stat. 897, § 2431a; amended Pub. L. 114–328, div. A, title VIII, § 848, , 130 Stat. 2292; Pub. L. 115–91, div. A, title X, § 1081(a)(39), , 131 Stat. 1596; Pub. L. 116–92, div. A, title IX, § 902(70), , 133 Stat. 1551; renumbered § 4211 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(b)(1), (2), , 134 Stat. 4253; Pub. L. 117–81, div. A, title XVII, § 1701(s)(1), , 135 Stat. 2149; Pub. L. 118–159, div. A, title XVII, § 1701(a)(39), , 138 Stat. 2205; Pub. L. 119–60, div. A, title XVIII, § 1805(a), , 139 Stat. 1235.)