§ 4212. Risk management and mitigation in major defense acquisition programs and major systems

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. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 div. A title VIII § 822(a)(1) · 129 Stat. 726

   Enacted · 10 U.S.C. § 4212

   Added Pub. L. 114–92, div. A, title VIII, § 822(a)(1), Nov. 25, 2015, 129 Stat. 900, § 2431b

   Source evidence

   Code source credit
   Added Pub. L. 114–92, div. A, title VIII, § 822(a)(1), Nov. 25, 2015, 129 Stat. 900, § 2431b

   Enacted provision · exact public law section
   (1) In general.— Chapter 144 of title 10, United States Code, is amended by inserting after section 2431a (as added by section 821) the following new section: “§ 2431b. Risk management and mitigation in major defense acquisition programs and major systems “(a) Requirement.— The Secretary of Defense shall ensure that the initial acquisition strategy (required under section 2431a of this title) approved by the milestone decision authority and any subsequent revisions include the following: “(1) A comprehensive approach for managing and mitigating risk (including technical, cost, and schedule risk) during each of the following periods or when determined appropriate by the milestone decision authority: “(A) The period preceding engineering manufacturing development, or its equivalent. “(B) The period preceding initial production. “(C) The period preceding full-rate production. “(2) An identification of the major sources of risk in each of the periods listed in paragraph (1) to improve programmatic decisionmaking and appropriately minimize and manage program concurrency. “(b) Approach to Manage and Mitigate Risks.— The comprehensive approach to manage and mitigate risk included in the acquisition strategy for purposes of subsection (a)(1) shall, at a minimum, include consideration of risk mitigation techniques such as the following: “(1) Prototyping (including prototyping at the system, subsystem, or component level and competitive prototyping, where appropriate) and, if prototyping at either the system, subsystem, or component level is not used, an explanation of why it is not appropriate. “(2) Modeling and simulation, the areas that modeling and simulation will assess, and identification of the need for development of any new modeling and simulation tools in order to support the comprehensive strategy. “(3) Technology demonstrations and decision points for disciplined transition of planned technologies into programs or the selection of alternative technologies. “(4) Multiple design approaches. “(5) Alternative designs, including any designs that meet requirements but do so with reduced performance. “(6) Phasing of program activities or related technology development efforts in order to address high-risk areas as early as feasible. “(7) Manufacturability and industrial base availability. “(8) Independent risk element assessments by outside subject matter experts. “(9) Schedule and funding margins for identified risks. “(c) Preference for Prototyping.— To the maximum extent practicable and consistent with the economical use of available financial resources, the milestone decision authority for each major defense acquisition program shall ensure that the acquisition strategy for the program provides for— “(1) the production of competitive prototypes at the system or subsystem level before Milestone B approval; or “(2) if the production of competitive prototypes is not practicable, the production of single prototypes at the system or subsystem level. “(d) Definitions.— In this section, the terms ‘major defense acquisition program’ and ‘major system’ have the meanings provided in section 2431a of this title.” .

2. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title X § 1081(a)(7) · 130 Stat. 2000

   Amended · 10 U.S.C. § 4212(d)

   Pub. L. 114–328 amended subsec. (d) generally. Prior to amendment, subsec. (d) defined terms “major defense acquisition program” and “major system”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 114–328 amended subsec. (d) generally. Prior to amendment, subsec. (d) defined terms “major defense acquisition program” and “major system”.

   Enacted provision · exact public law section
   (7) Subsection (d) of section 2431b is amended to read as follows: “(d) Definitions.— “(1) Concurrency.— The term ‘concurrency’ means, with respect to an acquisition strategy, the combination or overlap of program phases or activities. “(2) Major defense acquisition program and major system.— The terms ‘major defense acquisition program’ and ‘major system’ have the meanings provided in section 2431a of this title.” .

3. 2021

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

   Pub. L. 116–283 § 1847(b)(3) · 134 Stat. 3388

   Changed · 10 U.S.C. § 4212

   Pub. L. 116–283, § 1847(b)(3), renumbered section 2431b of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1847(b)(3), renumbered section 2431b of this title as this section.

   Enacted provision · exact public law section
   (3) Transfer of section 2431b.— Section 2431b of such title is transferred to chapter 322 of such title, as added by subsection (a), inserted after section 4211, as transferred and redesignated by paragraph (1) and amended by paragraph (2), redesignated as section 4212, and amended— (A) in subsection (a), by striking “section 2431a” and inserting “section 4211”; and (B) in subsection (d)— (i) by striking “Definitions.—” and all that follows through “The term” and inserting “Concurrency Defined.—In this section, the term”; and (ii) by striking paragraph (2).

   Effective date note
   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.

4. 2021

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

   Pub. L. 116–283 § 1847(b)(3)(A) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 4212(a)

   Pub. L. 116–283, § 1847(b)(3)(A), substituted “section 4211” for “section 2431a”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 116–283, § 1847(b)(3)(A), substituted “section 4211” for “section 2431a”.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “section 2431a” and inserting “section 4211”; and

   Effective date note
   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.

5. 2021

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

   Pub. L. 116–283 § 1847(b)(3)(B) · 134 Stat. 3388

   1. Substituted · 10 U.S.C. § 4212(d)

      Pub. L. 116–283, § 1847(b)(3)(B), substituted “Concurrency Defined” for “Definitions” in subsec. heading

   2. Struck · 10 U.S.C. § 4212(d)

      Pub. L. 116–283, § 1847(b)(3)(B), struck out par. (1) designation and heading

   3. Substituted · 10 U.S.C. § 4212(d)

      Pub. L. 116–283, § 1847(b)(3)(B), substituted “In this section, the term” for “The term”

   4. Struck · 10 U.S.C. § 4212(d)

      Pub. L. 116–283, § 1847(b)(3)(B), struck out par. (2) which defined “major defense acquisition program” and “major system”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 116–283, § 1847(b)(3)(B), substituted “Concurrency Defined” for “Definitions” in subsec. heading, struck out par. (1) designation and heading, substituted “In this section, the term” for “The term”, and struck out par. (2) which defined “major defense acquisition program” and “major system”.

   Enacted provision · exact public law section
   (B) in subsection (d)— (i) by striking “Definitions.—” and all that follows through “The term” and inserting “Concurrency Defined.—In this section, the term”; and (ii) by striking paragraph (2).

   Effective date note
   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.

8 of 8 references resolved to an enrolled provision