Title 10 — Armed Forces

Part V · Chapter 322 — Major Systems and Major Defense Acquisition Programs Generally

§ 4252. Major defense acquisition programs: factors to be considered before Milestone B approval

Statutory text

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—

information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase;

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

there are sound plans for progression of the program or subprogram to the production phase.

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:

The program or subprogram has received a preliminary design review and a formal post-preliminary design review or an equivalent assessment was conducted.

The technology in the program or subprogram has been demonstrated in a relevant environment.

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.

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.

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.

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.

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).

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.

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.

An estimate has been made of the requirements for core logistics capabilities and the associated sustaining workloads required to support such requirements.

The program or subprogram complies with all relevant policies, regulations, and directives of the Department of Defense.

Appropriate actions are planned for the acquisition of technical data required to support the program or subprogram.

The program or subprogram has an approved life cycle sustainment plan required under section 4324(b) of this title.

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.

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.

Changes to Basis for Milestone Approval.—

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—

alter the substantive basis for the decision of the milestone decision authority relating to any component of such decision specified in subsection (b); or

otherwise cause the program or subprogram to deviate significantly from the material provided to the milestone decision authority in support of such decision.

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.

Submissions to Congress on Milestone B.—

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.

Additional information.—

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.

The explanation or additional information shall be submitted in unclassified form, but may include a classified annex.

Definitions.—

In this section:

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.

The term “Milestone B approval” has the meaning provided that term in section 4172(e)(7) of this title.

The term “core logistics capabilities” means the core logistics capabilities identified under section 2464(a) of this title.

The term “congressional intelligence committees” has the meaning given that term in section 437(c) of this title.

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.

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.

2006
National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title VIII § 801(a) · 119 Stat. 3136
Enacted · 10 U.S.C. § 4252
Added Pub. L. 109–163, div. A, title VIII, § 801(a), Jan. 6, 2006, 119 Stat. 3366, § 2366a
Source evidence
Code source credit
Added Pub. L. 109–163, div. A, title VIII, § 801(a), Jan. 6, 2006, 119 Stat. 3366, § 2366a
Enacted provision · exact public law section
(a) Certification Requirement.— Chapter 139 of title 10, United States Code, is amended by inserting after section 2366 the following new section: “§ 2366a. Major defense acquisition programs: certification required before Milestone B or Key Decision Point B approval “(a) Certification.— A major defense acquisition program may not receive Milestone B approval, or Key Decision Point B approval in the case of a space program, until the milestone decision authority certifies that— “(1) the technology in the program has been demonstrated in a relevant environment; “(2) the program demonstrates a high likelihood of accomplishing its intended mission; “(3) the program is affordable when considering the per unit cost and the total 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; “(4) the Department of Defense has completed an analysis of alternatives with respect to the program; “(5) the program is affordable when considering the ability of the Department of Defense to accomplish the program’s mission using alternative systems; “(6) the Joint Requirements Oversight Council has accomplished its duties with respect to the program pursuant to section 181(b) of this title, including an analysis of the operational requirements for the program; and “(7) the program complies with all relevant policies, regulations, and directives of the Department of Defense. “(b) Submission to Congress.— The certification required 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. “(c) Waiver for National Security.— The milestone decision authority may waive the applicability to a major defense acquisition program of one or more components (as specified in paragraph (1), (2), (3), (4), (5), or (6) of subsection (a)) of the certification requirement if the milestone decision authority determines that, but for such a waiver, the Department would be unable to meet critical national security objectives. Deadline. 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. “(d) Nondelegation.— 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 (c). “(e) Definitions.— In this section: “(1) The term ‘major defense acquisition program’ means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section 2430 of this title. “(2) The term ‘milestone decision authority’, with respect to a major defense acquisition program, means the individual within the Department of Defense designated with overall responsibility for the program. “(3) The term ‘Milestone B approval’ has the meaning provided that term in section 2366(e)(7) of this title. “(4) 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.” .
2006
John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 805(a)(1) · 120 Stat. 2083
1. Added · 10 U.S.C. § 4252(a)(1)(7)
  Pub. L. 109–364, § 805(a)(1)–(3), added par. (1)
2. Redesignated · 10 U.S.C. § 4252(a)(1)(7)
  Pub. L. 109–364, § 805(a)(1)–(3), redesignated former pars. (1) to (6) as (2) to (7), respectively. Former par. (7) redesignated (10)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(1) by redesignating paragraph (7) as paragraph (10);
2006
John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 805(a)(4) · 120 Stat. 2083
Added · 10 U.S.C. § 4252(a)(8); 10 U.S.C. § 4252(a)(9)
Pub. L. 109–364, § 805(a)(4), (5), added pars. (8) and (9)
Source evidence
Code amendment note
Subsec. (a)(8), (9). Pub. L. 109–364, § 805(a)(4), (5), added pars. (8) and (9).
Enacted provision · exact public law section
(4) in paragraph (7) (as so redesignated), by striking “and” at the end; and
2006
John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 805(a)(1) · 120 Stat. 2083
Redesignated · 10 U.S.C. § 4252(a)(10)
Pub. L. 109–364, § 805(a)(1), redesignated par. (7) as (10)
Source evidence
Code amendment note
Subsec. (a)(10). Pub. L. 109–364, § 805(a)(1), redesignated par. (7) as (10).
Enacted provision · exact public law section
(1) by redesignating paragraph (7) as paragraph (10);
2006
John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 805(b) · 120 Stat. 2083
Substituted · 10 U.S.C. § 4252(c)
Pub. L. 109–364, § 805(b), substituted “(5), (6), (7), (8), or (9)” for “(5), or (6)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–364, § 805(b), substituted “(5), (6), (7), (8), or (9)” for “(5), or (6)”.
Enacted provision · exact public law section
(b) Waiver for National Security.— Subsection (c) of such section is amended by striking “(5), or (6)” and inserting “(5), (6), (7), (8), or (9)”.
2008
Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 812(1) · 122 Stat. 3
Amended · 10 U.S.C. § 4252(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(1) by amending subsection (a) to read as follows: “(a) Certification.— A major defense acquisition program may not receive Milestone B approval, or Key Decision Point B approval in the case of a space program, until the milestone decision authority— “(1) has received a business case analysis and certifies on the basis of the analysis that— “(A) the program is affordable when considering the ability of the Department of Defense to accomplish the program’s mission using alternative systems; “(B) the program is affordable when considering the per unit cost and the total 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; “(C) reasonable cost and schedule estimates have been developed to execute the product development and production plan under the program; and “(D) 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, consistent with the estimates described in subparagraph (C) for the program; and “(2) further certifies that— “(A) appropriate market research has been conducted prior to technology development to reduce duplication of existing technology and products; “(B) the Department of Defense has completed an analysis of alternatives with respect to the program; “(C) the Joint Requirements Oversight Council has accomplished its duties with respect to the program pursuant to section 181(b) of this title, including an analysis of the operational requirements for the program; “(D) the technology in the program has been demonstrated in a relevant environment; “(E) the program demonstrates a high likelihood of accomplishing its intended mission; and “(F) the program complies with all relevant policies, regulations, and directives of the Department of Defense.” ;
2008
Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 812(3) · 122 Stat. 3
Redesignated · 10 U.S.C. § 4252(b)
Pub. L. 110–181, § 812(3), added subsec. (b). Former subsec. (b) redesignated (c)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–181, § 812(3), added subsec. (b). Former subsec. (b) redesignated (c).
Enacted provision · exact public law section
(3) by inserting after subsection (a) the following new subsection (b): “(b) Changes to Certification.— (1) The program manager for a major defense acquisition program that has received certification under subsection (a) shall immediately notify the milestone decision authority of any changes to the program that— “(A) alter the substantive basis for the certification of the milestone decision authority relating to any component of such certification specified in paragraph (1) or (2) of subsection (a); or “(B) otherwise cause the program to deviate significantly from the material provided to the milestone decision authority in support of such certification. “(2) Upon receipt of information under paragraph (1), the milestone decision authority may withdraw the certification concerned or rescind Milestone B approval (or Key Decision Point B approval in the case of a space program) if the milestone decision authority determines that such certification or approval is no longer valid.” ;
2008
Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 812(4) · 122 Stat. 3
1. Amended · 10 U.S.C. § 4252(c)
  Pub. L. 110–181, § 812(4), designated existing provisions as par. (1)
2. Added · 10 U.S.C. § 4252(c)
  Pub. L. 110–181, § 812(4), added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–181, § 812(4), designated existing provisions as par. (1) and added par. (2).
Enacted provision · exact public law section
(4) in subsection (c), as redesignated by paragraph (1)— (A) by inserting “(1)” before “The certification”; and (B) by adding at the end the following new paragraph (2): “(2) A summary of any information provided to the milestone decision authority pursuant to subsection (b) and a description of the actions taken as a result of such information shall be submitted with the first Selected Acquisition Report submitted under section 2432 of this title after receipt of such information by the milestone decision authority.” ;
2008
Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 812(2) · 122 Stat. 3
Redesignated · 10 U.S.C. § 4252(c)
Pub. L. 110–181, § 812(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–181, § 812(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Enacted provision · exact public law section
(2) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively;
2008
Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 812(5) · 122 Stat. 3
1. Substituted · 10 U.S.C. § 4252(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”
2. Substituted · 10 U.S.C. § 4252(d)
  Pub. L. 110–181, § 812(5), substituted “paragraph (1) or (2)” for “paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9)”
Source evidence
Code amendment note
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)”.
Enacted provision · exact public law section
(5) in subsection (d), as so redesignated— (A) by striking “authority may waive” and inserting the following: “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”; and (B) by striking “paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9)” and inserting “paragraph (1) or (2)”; and
2008
Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 812(2) · 122 Stat. 3
Redesignated · 10 U.S.C. § 4252(d)
Pub. L. 110–181, § 812(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–181, § 812(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Enacted provision · exact public law section
(2) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively;
2008
Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 812(6) · 122 Stat. 3
Substituted · 10 U.S.C. § 4252(e)
Pub. L. 110–181, § 812(6), substituted “subsection (d)” for “subsection (c)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 110–181, § 812(6), substituted “subsection (d)” for “subsection (c)”.
Enacted provision · exact public law section
(6) in subsection (e), as so redesignated, by striking “subsection (c)” and inserting “subsection (d)”.
2008
Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 812(2) · 122 Stat. 3
Redesignated · 10 U.S.C. § 4252(e)
Pub. L. 110–181, § 812(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–181, § 812(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Enacted provision · exact public law section
(2) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively;
2008
Acquisition Improvement and Accountability Act of 2007
Pub. L. 110–181 § 812(2) · 122 Stat. 3
Redesignated · 10 U.S.C. § 4252(f)
Pub. L. 110–181, § 812(2), redesignated subsec. (e) as (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 110–181, § 812(2), redesignated subsec. (e) as (f).
Enacted provision · exact public law section
(2) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively;
2008
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 813(a) · 122 Stat. 4356
Changed · 10 U.S.C. § 4252
Pub. L. 110–417, § 813(a), (b), renumbered section 2366a of this title as this section
Source evidence
Code amendment note
Pub. L. 110–417, § 813(a), (b), renumbered section 2366a of this title as this section.
Enacted provision · exact public law section
(a) Reversal of Order of Sections.— Section 2366b of title 10, United States Code, is transferred so as to appear before section 2366a of such title.
2009
Weapon Systems Acquisition Reform Act of 2009
Pub. L. 111–23 § 201(f) · 123 Stat. 1704
Inserted · 10 U.S.C. § 4252(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(f) Duties of Milestone Decision Authority.— Section 2366b(a)(1)(B) of such title is amended by inserting “appropriate trade-offs among cost, schedule, and performance objectives have been made to ensure that” before “the program is affordable”.
2009
Weapon Systems Acquisition Reform Act of 2009
Pub. L. 111–23 § 101(d)(4) · 123 Stat. 1704
Inserted · 10 U.S.C. § 4252(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(4) Section 2366b(a)(1)(C) of such title is amended by inserting “, with the concurrence of the Director of Cost Assessment and Program Evaluation,” after “have been developed to execute”.
2009
Weapon Systems Acquisition Reform Act of 2009
Pub. L. 111–23 § 205(a)(3)(A) · 123 Stat. 1704
Struck · 10 U.S.C. § 4252(a)(1)(D)
Pub. L. 111–23, § 205(a)(3)(A), struck out “and” at end
Source evidence
Code amendment note
Subsec. (a)(1)(D). Pub. L. 111–23, § 205(a)(3)(A), struck out “and” at end.
Enacted provision · exact public law section
(A) in paragraph (1), by striking “and” at the end;
2009
Weapon Systems Acquisition Reform Act of 2009
Pub. L. 111–23 § 205(a)(3)(B) · 123 Stat. 1704
1. Added · 10 U.S.C. § 4252(a)(2); 10 U.S.C. § 4252(a)(3)
  Pub. L. 111–23, § 205(a)(3)(B), (C), added par. (2)
2. Redesignated · 10 U.S.C. § 4252(a)(2); 10 U.S.C. § 4252(a)(3)
  Pub. L. 111–23, § 205(a)(3)(B), (C), redesignated former par. (2) as (3)
Source evidence
Code amendment note
Subsec. (a)(2), (3). Pub. L. 111–23, § 205(a)(3)(B), (C), added par. (2) and redesignated former par. (2) as (3).
Enacted provision · exact public law section
(B) by redesignating paragraph (2) as paragraph (3);
2009
Weapon Systems Acquisition Reform Act of 2009
Pub. L. 111–23 § 205(a)(3)(D)(i) · 123 Stat. 1704
Substituted · 10 U.S.C. § 4252(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(i) in subparagraph (D), by striking the semicolon and inserting “, 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”;
2009
Weapon Systems Acquisition Reform Act of 2009
Pub. L. 111–23 § 205(a)(3)(D)(ii) · 123 Stat. 1704
1. Redesignated · 10 U.S.C. § 4252(a)(3)(E); 10 U.S.C. § 4252(a)(3)(F)
  Pub. L. 111–23, § 205(a)(3)(D)(ii), (iii), redesignated subpar. (F) as (E)
2. Struck · 10 U.S.C. § 4252(a)(3)(E); 10 U.S.C. § 4252(a)(3)(F)
  Pub. L. 111–23, § 205(a)(3)(D)(ii), (iii), struck out former subpar. (E) which read as follows: “the program demonstrates a high likelihood of accomplishing its intended mission; and”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(ii) by striking subparagraph (E); and
2009
Weapon Systems Acquisition Reform Act of 2009
Pub. L. 111–23 § 205(a)(1) · 123 Stat. 1704
1. Amended · 10 U.S.C. § 4252(d)
  Pub. L. 111–23, § 205(a)(1), designated existing provisions as par. (1)
2. Substituted · 10 U.S.C. § 4252(d)
  Pub. L. 111–23, § 205(a)(1), 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.”
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(1) in subsection (d)— (A) by inserting “(1)” before “The milestone decision authority may”; and (B) by striking the second sentence and inserting the following: “(2) Determination. Waiver authority. Deadline. Whenever the milestone decision authority makes such a determination and authorizes such a waiver— “(A) 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; and “(B) the milestone decision authority shall review the program not less often than annually to determine the extent to which such program currently satisfies the certification components specified in paragraphs (1) and (2) of subsection (a) until such time as the milestone decision authority determines that the program satisfies all such certification components.” ;
2009
Weapon Systems Acquisition Reform Act of 2009
Pub. L. 111–23 § 205(a)(2) · 123 Stat. 1704
1. Added · 10 U.S.C. § 4252(e)(g)
  Pub. L. 111–23, § 205(a)(2), added subsec. (e)
2. Redesignated · 10 U.S.C. § 4252(e)(g)
  Pub. L. 111–23, § 205(a)(2), redesignated former subsecs. (e) and (f) as (f) and (g), respectively
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and inserting after subsection (d) the following new subsection (e): “(e) Designation of Certification Status in Budget Documentation.— 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 components.” ; and
2011
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 901(j)(4) · 124 Stat. 4137
Substituted · 10 U.S.C. § 4252(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(4) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and 2517(a) of such title are amended by striking “Director of Defense Research and Engineering” and inserting “Assistant Secretary of Defense for Research and Engineering”.
2011
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 814(c)(1)(A) · 124 Stat. 4137
Substituted · 10 U.S.C. § 4252(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(A) by striking “any changes to the program” and inserting “any changes to the program or a designated major subprogram of such program”; and
2011
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 814(c)(1)(B) · 124 Stat. 4137
Substituted · 10 U.S.C. § 4252(b)(1)(B)
Pub. L. 111–383, § 814(c)(1)(B), substituted “otherwise cause the program or subprogram” for “otherwise cause the program”
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 111–383, § 814(c)(1)(B), substituted “otherwise cause the program or subprogram” for “otherwise cause the program”.
Enacted provision · exact public law section
(B) in subparagraph (B), by striking “otherwise cause the program” and inserting “otherwise cause the program or subprogram”; and
2011
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 813(d)(1)(A) · 124 Stat. 4137
Substituted · 10 U.S.C. § 4252(d)(1)
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))”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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))”.
Enacted provision · exact public law section
(A) in paragraph (1), by striking “specified in paragraph (1) or (2) of subsection (a)” and inserting “specified in paragraph (1), (2), or (3) of subsection (a)”; and
2011
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 1075(k)(1) · 124 Stat. 4137
Substituted · 10 U.S.C. § 4252(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(1) in subsection (a)(1)(B), by striking “paragraphs (1) and (2)” in the matter to be inserted and inserting “paragraphs (1), (2), and (3)”; and
2011
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 813(d)(1)(B) · 124 Stat. 4137
Substituted · 10 U.S.C. § 4252(d)(2)(B)
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)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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)”.
Enacted provision · exact public law section
(B) in paragraph (2), by striking “specified in paragraphs (1) and (2) of subsection (a)” and inserting “specified in paragraphs (1), (2), and (3) of subsection (a)”.
2011
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 814(c)(2) · 124 Stat. 4137
1. Added · 10 U.S.C. § 4252(g)(2)(4)
  Pub. L. 111–383, § 814(c)(2), added par. (2)
2. Redesignated · 10 U.S.C. § 4252(g)(2)(4)
  Pub. L. 111–383, § 814(c)(2), redesignated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(2) in subsection (g)— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (B) by inserting after paragraph (1) the following new paragraph (2): “(2) The term ‘designated major subprogram’ means a major subprogram of a major defense acquisition program designated under section 2430a(a)(1) of this title.” .
2011
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 § 814(c)(2)(A) · 124 Stat. 4137
Redesignated · 10 U.S.C. § 4252(g)(5)
Pub. L. 111–383, § 814(c)(2)(A), redesignated par. (4) as (5)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–383, § 814(c)(2)(A), redesignated par. (4) as (5).
Enacted provision · exact public law section
(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 801(e)(2)(A) · 125 Stat. 1298
Struck · 10 U.S.C. § 4252
Pub. L. 112–81, § 801(e)(2)(A), struck out “or Key Decision Point B” after “Milestone B” in section catchline
Source evidence
Code amendment note
Pub. L. 112–81, § 801(e)(2)(A), struck out “or Key Decision Point B” after “Milestone B” in section catchline.
Enacted provision · exact public law section
(A) in the section heading, by striking “or Key Decision Point B”;
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 801(e)(2)(B) · 125 Stat. 1298
Struck · 10 U.S.C. § 4252(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(B) in subsection (a), in the matter preceding paragraph (1), by striking “, or Key Decision Point B approval in the case of a space program,”; and
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 801(b)(1) · 125 Stat. 1298
1. Added · 10 U.S.C. § 4252(a)(3)(E)(G)
  Pub. L. 112–81, § 801(b)(1), added subpars. (E) and (F)
2. Redesignated · 10 U.S.C. § 4252(a)(3)(E)(G)
  Pub. L. 112–81, § 801(b)(1), redesignated former subpar. (E) as (G)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(1) Additional item of certification.— Subsection (a)(3) of section 2366b of title 10, United States Code, is amended— (A) by redesignating subparagraph (E) as subparagraph (G); (B) by striking “and” at the end of subparagraph (D); and (C) by inserting after subparagraph (D) the following new subparagraphs: “(E) life-cycle sustainment planning, including corrosion prevention and mitigation planning, has identified and evaluated relevant sustainment costs throughout development, production, operation, sustainment, and disposal of the program, and any alternatives, and that such costs are reasonable and have been accurately estimated; “(F) an estimate has been made of the requirements for core depot-level maintenance and repair capabilities, as well as the associated logistics capabilities and the associated sustaining workloads required to support such requirements; and” .
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 801(e)(2)(C) · 125 Stat. 1298
Struck · 10 U.S.C. § 4252(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(C) in subsections (b)(2) and (d)(1), by striking “(or Key Decision Point B approval in the case of a space program)” each place it appears.
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 801(e)(2)(C) · 125 Stat. 1298
Struck · 10 U.S.C. § 4252(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(C) in subsections (b)(2) and (d)(1), by striking “(or Key Decision Point B approval in the case of a space program)” each place it appears.
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 819(b) · 125 Stat. 1298
Added · 10 U.S.C. § 4252(d)(3)
Pub. L. 112–81, § 819(b), added par. (3)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 112–81, § 819(b), added par. (3).
Enacted provision · exact public law section
(b) Waiver of Requirement To Review Programs Receiving Waiver of Certain Certification Requirements.— Section 2366b(d) of title 10, United States Code, is amended by adding the following new paragraph: “(3) The requirement in paragraph (2)(B) shall not apply to a program for which a certification was required pursuant to section 2433a(c) of this title if the milestone decision authority— “(A) determines in writing that— “(i) the program has reached a stage in the acquisition process at which it would not be practicable to meet the certification component that was waived; and “(ii) the milestone decision authority has taken appropriate alternative actions to address the underlying purposes of such certification component; and “(B) submits the written determination, and an explanation of the basis for the determination, to the congressional defense committees.” .
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 801(b)(2) · 125 Stat. 1298
1. Added · 10 U.S.C. § 4252(g)(5)
  Pub. L. 112–81, § 801(b)(2), added par. (5)
2. Struck · 10 U.S.C. § 4252(g)(5)
  Pub. L. 112–81, § 801(b)(2), 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.”
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(2) Definition.— Subsection (g) of such section is amended by striking paragraph (5) (relating to Key Decision Point B) and inserting the following new paragraph (5): “(5) The term ‘core logistics capabilities’ means the core logistics capabilities identified under section 2464(a) of this title.” .
2013
National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 § 904(e)(2) · 126 Stat. 1632
Substituted · 10 U.S.C. § 4252(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(2) Consultation during certification process for major defense acquisition programs.— Section 2366b(a)(3)(D) of such title is amended by striking “the Assistant Secretary of Defense for Research and Engineering” and inserting “the Assistant Secretary of Defense for Research and Engineering, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation”.
2013
National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 § 322(e)(2) · 126 Stat. 1632
1. Amended · 10 U.S.C. § 4252(a)(3)(F)
  Pub. L. 112–239, § 322(e)(2), as amended by Pub. L. 113–66, § 1091(b)(1)
2. Substituted · 10 U.S.C. § 4252(a)(3)(F)
  Pub. L. 112–239, § 322(e)(2), as substituted “core logistics capabilities” for “core depot-level maintenance and repair capabilities, as well as the associated logistics capabilities”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(2) Section 2366b(A)(3)(F) of title 10, United States Code, is amended by striking “core depot-level maintenance and repair capabilities, as well as the associated logistics capabilities” and inserting “core logistics capabilities”.
2013
National Defense Authorization Act for Fiscal Year 2014
Pub. L. 113–66 § 821(a) · 127 Stat. 672
1. Added · 10 U.S.C. § 4252(a)(3)(G); 10 U.S.C. § 4252(a)(3)(H)
  Pub. L. 113–66, § 821(a), added subpar. (G)
2. Redesignated · 10 U.S.C. § 4252(a)(3)(G); 10 U.S.C. § 4252(a)(3)(H)
  Pub. L. 113–66, § 821(a), redesignated former subpar. (G) as (H)
Source evidence
Code amendment note
Subsec. (a)(3)(G), (H). Pub. L. 113–66, § 821(a), added subpar. (G) and redesignated former subpar. (G) as (H).
Enacted provision · exact public law section
(a) In General.— Section 2366b(a)(3) of title 10, United States Code, is amended— (1) in subparagraph (F), by striking “and” at the end; (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following new subparagraph (G): “(G) there is a plan to mitigate and account for any costs in connection with any anticipated de-certification of cryptographic systems and components during the production and procurement of the major defense acquisition program to be acquired; and” .
2013
National Defense Authorization Act for Fiscal Year 2014
Pub. L. 113–66 § 822(a) · 127 Stat. 672
Added · 10 U.S.C. § 4252(a)(4)
Pub. L. 113–66, § 822(a), added par. (4)
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 113–66, § 822(a), added par. (4).
Enacted provision · exact public law section
(a) Cost Benefit Analysis Required.— Section 2366b(a) of title 10, United States Code, is amended— (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(4) in the case of a space system, performs a cost benefit analysis for any new or follow-on satellite system using a dedicated ground control system instead of a shared ground control system, except that no cost benefit analysis is required to be performed under this paragraph for any Milestone B approval of a space system after December 31, 2019.” .
2015
National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 div. A title VIII § 824(a) · 129 Stat. 726
Amended · 10 U.S.C. § 4252
Pub. L. 114–92 amended section generally. Prior to amendment, section related to certification required before Milestone B approval of major defense acquisition programs
Source evidence
Code amendment note
Pub. L. 114–92 amended section generally. Prior to amendment, section related to certification required before Milestone B approval of major defense acquisition programs.
Enacted provision · exact public law section
(a) Revision to Milestone B Requirements.— Section 2366b of title 10, United Stated Code, is amended to read as follows: “§ 2366b. Major defense acquisition programs: certification required before Milestone B approval “(a) Certifications and Determination Required.— A major defense acquisition program may not receive Milestone B approval until the milestone decision authority— “(1) has received a preliminary design review and conducted a formal post-preliminary design review assessment, and certifies on the basis of such assessment that the program demonstrates a high likelihood of accomplishing its intended mission; “(2) further certifies that the technology in the program has been demonstrated in a relevant environment, as determined by the milestone decision authority on the basis of an independent review and 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; “(3) determines in writing that— “(A) the program is affordable when considering the ability of the Department of Defense to accomplish the program’s mission using alternative systems; “(B) appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program is affordable when considering the per unit cost and the total 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; “(C) reasonable cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation, the product development and production plan under the program; and “(D) 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, consistent with the estimates described in subparagraph (C) for the program; “(E) appropriate market research has been conducted prior to technology development to reduce duplication of existing technology and products; “(F) the Department of Defense has completed an analysis of alternatives with respect to the program; “(G) the Joint Requirements Oversight Council has accomplished its duties with respect to the program pursuant to section 181(b) of this title, including an analysis of the operational requirements for the program; “(H) life-cycle sustainment planning, including corrosion prevention and mitigation planning, has identified and evaluated relevant sustainment costs throughout development, production, operation, sustainment, and disposal of the program, and any alternatives, and that such costs are reasonable and have been accurately estimated; “(I) an estimate has been made of the requirements for core logistics capabilities and the associated sustaining workloads required to support such requirements; “(J) there is a plan to mitigate and account for any costs in connection with any anticipated de-certification of cryptographic systems and components during the production and procurement of the major defense acquisition program to be acquired; “(K) the program complies with all relevant policies, regulations, and directives of the Department of Defense; and “(L) the Secretary of the military department concerned and the Chief of the armed force concerned concur in the trade-offs made in accordance with subparagraph (B); and “(4) in the case of a space system, performs a cost benefit analysis for any new or follow-on satellite system using a dedicated ground control system instead of a shared ground control system, except that no cost benefit analysis is required to be performed under this paragraph for any Milestone B approval of a space system after December 31, 2019. “(b) Changes to Certifications or Determination.— (1) The program manager for a major defense acquisition program that has received certifications or a determination under subsection (a) 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 certifications or determination of the milestone decision authority relating to any component of such certifications or determination specified in paragraph (1), (2), or (3) of subsection (a); or “(B) otherwise cause the program or subprogram to deviate significantly from the material provided to the milestone decision authority in support of such certifications or determination. “(2) Upon receipt of information under paragraph (1), the milestone decision authority may withdraw the certifications or determination concerned or rescind Milestone B approval if the milestone decision authority determines that such certifications, determination, or approval are no longer valid. “(c) Submission to Congress.— (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. “(d) Waiver for National Security.— (1) The milestone decision authority may, at the time of Milestone B approval or at the time that such milestone decision authority withdraws a certification or rescinds Milestone B approval pursuant to subsection (b)(2), waive the applicability to a major defense acquisition program of one or more components (as specified in paragraph (1), (2), or (3) of subsection (a)) of the certification and determination requirements if the milestone decision authority determines that, but for such a waiver, the Department would be unable to meet critical national security objectives. “(2) Whenever the milestone decision authority makes such a determination and authorizes such a waiver— “(A) the waiver, the waiver determination, and the reasons for the waiver determination shall be submitted in writing to the congressional defense committees within 30 days after the waiver is authorized; and “(B) the milestone decision authority shall review the program not less often than annually to determine the extent to which such program currently satisfies the certification and determination components specified in paragraphs (1), (2), and (3) of subsection (a) until such time as the milestone decision authority determines that the program satisfies all such certification and determination components. “(3) The requirement in paragraph (2)(B) shall not apply to a program for which a certification was required pursuant to section 2433a(c) of this title if the milestone decision authority— “(A) determines in writing that— “(i) the program has reached a stage in the acquisition process at which it would not be practicable to meet the certification component that was waived; and “(ii) the milestone decision authority has taken appropriate alternative actions to address the underlying purposes of such certification component; and “(B) submits the written determination, and an explanation of the basis for the determination, to the congressional defense committees. “(e) Designation of Certification Status in Budget Documentation.— 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. “(f) Nondelegation.— 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). “(g) Definitions.— In this section: “(1) The term ‘major defense acquisition program’ means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section 2430 of this title. “(2) The term ‘designated major subprogram’ means a major subprogram of a major defense acquisition program designated under section 2430a(a)(1) of this title. “(3) 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. “(4) The term ‘Milestone B approval’ has the meaning provided that term in section 2366(e)(7) of this title. “(5) The term ‘core logistics capabilities’ means the core logistics capabilities identified under section 2464(a) of this title.” .
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 807(e)(1) · 130 Stat. 2000
Substituted · 10 U.S.C. § 4252(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(1) in paragraph (2), by striking “assessment by the Assistant Secretary” and all that follows through “Test and Evaluation” and inserting “technical risk assessment conducted under section 2448b of this title”; and
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 843(1) · 130 Stat. 2000
Substituted · 10 U.S.C. § 4252(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;”
Source evidence
Code amendment note
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;”.
Enacted provision · exact public law section
(1) in subparagraph (B), by striking “acquisition cost in” and all that follows through the semicolon, and inserting “life-cycle cost;”; and
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 807(e)(2)(A) · 130 Stat. 2000
Struck · 10 U.S.C. § 4252(a)(3)(C)
Pub. L. 114–328, § 807(e)(2)(A), struck out “and” at end
Source evidence
Code amendment note
Subsec. (a)(3)(C). Pub. L. 114–328, § 807(e)(2)(A), struck out “and” at end.
Enacted provision · exact public law section
(A) by striking “and” at the end of subparagraph (C);
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 807(e)(2)(C) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 4252(a)(3)(D)
Pub. L. 114–328, § 807(e)(2)(C), added subpar. (D). Former subpar. (D) redesignated (E)
Source evidence
Code amendment note
Subsec. (a)(3)(D). Pub. L. 114–328, § 807(e)(2)(C), added subpar. (D). Former subpar. (D) redesignated (E).
Enacted provision · exact public law section
(C) by inserting after subparagraph (C) the following new subparagraph (D): “(D) the estimated procurement unit cost for the program and the estimated date for initial operational capability for the baseline description for the program (established under section 2435) do not exceed the program cost and fielding targets established under section 2448a(a) of this title, or, if such estimated cost is higher than the program cost targets or if such estimated date is later than the fielding target, the program cost targets have been increased or the fielding target has been delayed by the Secretary of Defense after a request for such increase or delay by the milestone decision authority;” .
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 843(2) · 130 Stat. 2000
Substituted · 10 U.S.C. § 4252(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(2) in subparagraph (D), by striking “funding is” and all that follows through “made,” and inserting “funding is expected to be available to execute the product development and production plan for the program,”.
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 807(e)(2)(B) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 4252(a)(3)(E)
Pub. L. 114–328, § 807(e)(2)(B), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–328, § 807(e)(2)(B), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).
Enacted provision · exact public law section
(B) by redesignating subparagraphs (D) through (M) as subparagraphs (E) through (N), respectively; and
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 807(e)(2)(B) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 4252(a)(3)(F)(L)
Pub. L. 114–328, § 807(e)(2)(B), redesignated subpars. (E) to (K) as (F) to (L), respectively. Former subpar. (L) redesignated (M)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(B) by redesignating subparagraphs (D) through (M) as subparagraphs (E) through (N), respectively; and
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 807(e)(2)(B) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 4252(a)(3)(M)
Pub. L. 114–328, § 807(e)(2)(B), redesignated subpar. (L) as (M). Former subpar. (M) redesignated (N)
Source evidence
Code amendment note
Subsec. (a)(3)(M). Pub. L. 114–328, § 807(e)(2)(B), redesignated subpar. (L) as (M). Former subpar. (M) redesignated (N).
Enacted provision · exact public law section
(B) by redesignating subparagraphs (D) through (M) as subparagraphs (E) through (N), respectively; and
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 805(a)(3) · 130 Stat. 2000
Added · 10 U.S.C. § 4252(a)(3)(M)
Pub. L. 114–328, § 805(a)(3), added subpar. (M)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–328, § 805(a)(3), added subpar. (M).
Enacted provision · exact public law section
(3) Conforming amendment.— Section 2366b(a)(3) of such title is amended— (A) by striking “and” at the end of subparagraph (K); and (B) by inserting after subparagraph (L) the following new subparagraph: “(M) the requirements of section 2446b(e) of this title are met; and” .
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 807(e)(2)(B) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 4252(a)(3)(N)
Pub. L. 114–328, § 807(e)(2)(B), redesignated subpar. (M) as (N)
Source evidence
Code amendment note
Subsec. (a)(3)(N). Pub. L. 114–328, § 807(e)(2)(B), redesignated subpar. (M) as (N).
Enacted provision · exact public law section
(B) by redesignating subparagraphs (D) through (M) as subparagraphs (E) through (N), respectively; and
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 808(b)(1) · 130 Stat. 2000
Amended · 10 U.S.C. § 4252(c)
Pub. L. 114–328, § 808(b)(1), amended subsec. (c) generally. Prior to amendment, text read as follows:
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(1) In general.— Section 2366b(c) of title 10, United States Code, is amended to read as follows: “(c) Submissions to Congress on Milestone B.— “(1) Brief summary report.— Not later than 15 days after granting Milestone B approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a brief summary report that contains the following elements: “(A) The program cost and fielding targets established by the Secretary of Defense under section 2448a(a) of this title. “(B) The estimated cost and schedule for the program established by the military department concerned, including— “(i) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and “(ii) the planned dates for each program milestone, initial operational test and evaluation, and initial operational capability. “(C) The independent estimated cost for the program established pursuant to section 2334(a)(6) of this title, and any independent estimated schedule for the program, including— “(i) the dollar values and ranges estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and “(ii) the planned dates for each program milestone, initial operational test and evaluation, and initial operational capability. “(D) A summary of the technical and manufacturing risks associated with the program, as determined by the military department concerned, including identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment. “(E) A summary of the independent technical risk assessment conducted or approved under section 2448b of this title, including identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment. “(F) A statement of whether a modular open system approach is being used for the program. “(G) Any other information the milestone decision authority considers relevant. “(2) Certifications and determinations.— (A) 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. “(B) 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) 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 certifications and determination under paragraphs (1), (2), and (3) of subsection (a) with respect to a major defense acquisition program or further information or underlying documentation for the information in a brief summary report submitted under paragraph (1), including the independent cost and schedule estimates and the independent technical risk assessments referred to in that paragraph. “(B) The explanation or information shall be submitted in unclassified form, but may include a classified annex.” .
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 808(b)(2) · 130 Stat. 2000
Added · 10 U.S.C. § 4252(g)(6)(8)
Pub. L. 114–328, § 808(b)(2), added pars. (6) to (8)
Source evidence
Code amendment note
Subsec. (g)(6) to (8). Pub. L. 114–328, § 808(b)(2), added pars. (6) to (8).
Enacted provision · exact public law section
(2) Definitions.— Section 2366b(g) of such title is amended by adding at the end the following new paragraphs: “(6) The term ‘fielding target’ has the meaning given that term in section 2448a(a) of this title. “(7) The term ‘major system component’ has the meaning given that term in section 2446a(b)(3) of this title. “(8) The term ‘congressional intelligence committees’ has the meaning given that term in section 437(c) of this title.” .
2017
National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 835(b)(1) · 131 Stat. 1283
Added · 10 U.S.C. § 4252(a)(3)(O)
Pub. L. 115–91, § 835(b)(1), added subpar. (O)
Source evidence
Code amendment note
Subsec. (a)(3)(O). Pub. L. 115–91, § 835(b)(1), added subpar. (O).
Enacted provision · exact public law section
(1) In general.— Subsection (a)(3) of section 2366b of title 10, United States Code, is amended— (A) by striking “and” at the end of subparagraph (M); and (B) by inserting after subparagraph (N) the following new subparagraph: “(O) appropriate actions have been taken to negotiate and enter into a contract or contract options for the technical data required to support the program; and” .
2017
National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 838(a)(1) · 131 Stat. 1283
1. Added · 10 U.S.C. § 4252(c)(1)(G); 10 U.S.C. § 4252(c)(1)(H)
  Pub. L. 115–91, § 838(a)(1), added subpar. (G)
2. Redesignated · 10 U.S.C. § 4252(c)(1)(G); 10 U.S.C. § 4252(c)(1)(H)
  Pub. L. 115–91, § 838(a)(1), redesignated former subpar. (G) as (H)
Source evidence
Code amendment note
Subsec. (c)(1)(G), (H). Pub. L. 115–91, § 838(a)(1), added subpar. (G) and redesignated former subpar. (G) as (H).
Enacted provision · exact public law section
(1) Addition to milestone b brief summary report.— Section 2366b(c)(1) of title 10, United States Code, is amended— (A) by redesignating subparagraph (G) as subparagraph (H); and (B) by inserting after subparagraph (F) the following new subparagraph (G): “(G) An assessment of the sufficiency of developmental test and evaluation plans, including the use of automated data analytics or modeling and simulation tools and methodologies.” .
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 831(b)(3)(A) · 132 Stat. 1636
Struck · 10 U.S.C. § 4252(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(A) in subsection (a)(3)(D), by striking “Secretary of Defense after a request for such increase or delay by the”; and
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 831(b)(3)(B) · 132 Stat. 1636
Struck · 10 U.S.C. § 4252(c)(1)(A)
Pub. L. 115–232, § 831(b)(3)(B), struck out “by the Secretary of Defense” after “established”
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 115–232, § 831(b)(3)(B), struck out “by the Secretary of Defense” after “established”.
Enacted provision · exact public law section
(B) in subsection (c)(1)(A), by striking “by the Secretary of Defense”.
2019
National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 div. A title VIII § 833 · 133 Stat. 1198
Added · 10 U.S.C. § 4252(a)(5)
Pub. L. 116–92 added par. (5)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 116–92 added par. (5).
Enacted provision · exact public law section
SEC. 833. NAVAL VESSEL CERTIFICATION REQUIRED BEFORE MILESTONE B APPROVAL. Section 2366b(a) of title 10, United States Code, is amended— (1) in paragraph (3)(O), by striking “; and” and inserting a semicolon; (2) in paragraph (4), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(5) in the case of a naval vessel program, certifies compliance with the requirements of section 8669b of this title.” .
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(A) · 134 Stat. 3388
Changed · 10 U.S.C. § 4252
Pub. L. 116–283, § 1847(d)(2)(A), renumbered section 2366b of this title as this section
Source evidence
Code amendment note
Pub. L. 116–283, § 1847(d)(2)(A), renumbered section 2366b of this title as this section.
Enacted provision · exact public law section
(A) Transfer.— Section 2366b of title 10, United States Code, is transferred to chapter 322 of such title, inserted after section 4251, as transferred and redesignated by paragraph (1), and redesignated as section 4252.
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(B)(i) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4252(a)(2)
Pub. L. 116–283, § 1847(d)(2)(B)(i), substituted “section 4272” for “section 2448b”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 116–283, § 1847(d)(2)(B)(i), substituted “section 4272” for “section 2448b”.
Enacted provision · exact public law section
(i) in paragraph (2), by striking “section 2448b” and inserting “section 4272”; and
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(B)(ii)(I) · 134 Stat. 3388
1. Substituted · 10 U.S.C. § 4252(a)(3)(D)
  Pub. L. 116–283, § 1847(d)(2)(B)(ii)(I), substituted “section 4214 of this title” for “section 2435”
2. Substituted · 10 U.S.C. § 4252(a)(3)(D)
  Pub. L. 116–283, § 1847(d)(2)(B)(ii)(I), substituted “section 4271(a)” for “section 2448a(a)”
Source evidence
Code amendment note
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)”.
Enacted provision · exact public law section
(I) in subparagraph (D), by striking “section 2435” and “section 2448a(a)” and inserting “section 4214 of this title” and “section 4271(a)”, respectively; and
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(B)(ii)(II) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4252(a)(3)(N)
Pub. L. 116–283, § 1847(d)(2)(B)(ii)(II), substituted “section 4402(e)” for “section 2446b(e)”
Source evidence
Code amendment note
Subsec. (a)(3)(N). Pub. L. 116–283, § 1847(d)(2)(B)(ii)(II), substituted “section 4402(e)” for “section 2446b(e)”.
Enacted provision · exact public law section
(II) in subparagraph (N), by striking “section 2446b(e)” and inserting “section 4402(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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 802(b)(1)(A) · 134 Stat. 3388
Struck · 10 U.S.C. § 4252(a)(3)(N)
Pub. L. 116–283, § 802(b)(1)(A), struck out “and” after “met;”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 802(b)(1)(A), struck out “and” after “met;”.
Enacted provision · exact public law section
(A) in subparagraph (N), by striking “and” at the end;
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 802(b)(1)(B) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4252(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(B) in subparagraph (O), by striking the period at the end and inserting “; and”; and
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4252(a)(3)(P)
Pub. L. 116–283, § 1883(b)(2), substituted “section 4324(b)” for “section 2337(b)”
Source evidence
Code amendment note
Subsec. (a)(3)(P). Pub. L. 116–283, § 1883(b)(2), substituted “section 4324(b)” for “section 2337(b)”.
Enacted provision · exact public law section
* * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 802(b)(1)(C) · 134 Stat. 3388
Added · 10 U.S.C. § 4252(a)(3)(P)
Pub. L. 116–283, § 802(b)(1)(C), added subpar. (P)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 802(b)(1)(C), added subpar. (P).
Enacted provision · exact public law section
(C) by adding at the end the following new subparagraph: “(P) has approved the life cycle sustainment plan required under section 2337(b) of this title.” ; and
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(C)(i)(I) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4252(c)(1)(A)
Pub. L. 116–283, § 1847(d)(2)(C)(i)(I), substituted “section 4271(a)” for “section 2448a(a)”
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 116–283, § 1847(d)(2)(C)(i)(I), substituted “section 4271(a)” for “section 2448a(a)”.
Enacted provision · exact public law section
(I) in subparagraph (A), by striking “section 2448a(a)” and inserting “section 4271(a)”;
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(C)(i)(II) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4252(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(II) in subparagraph (C), by striking “section 2334(a)(6)” and inserting “section 3221(b)(6)”; and
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(C)(i)(III) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4252(c)(1)(E)
Pub. L. 116–283, § 1847(d)(2)(C)(i)(III), substituted “section 4272” for “section 2448b”
Source evidence
Code amendment note
Subsec. (c)(1)(E). Pub. L. 116–283, § 1847(d)(2)(C)(i)(III), substituted “section 4272” for “section 2448b”.
Enacted provision · exact public law section
(III) in subparagraph (E), by striking “section 2448b” and inserting “section 4272”; and
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4252(c)(1)(H)
Pub. L. 116–283, § 1883(b)(2), substituted “section 4324” for “section 2337”
Source evidence
Code amendment note
Subsec. (c)(1)(H). Pub. L. 116–283, § 1883(b)(2), substituted “section 4324” for “section 2337”.
Enacted provision · exact public law section
* * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 802(b)(2)(B) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 4252(c)(1)(H)
Pub. L. 116–283, § 802(b)(2)(B), added subpar. (H). Former subpar. (H) redesignated (I)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 802(b)(2)(B), added subpar. (H). Former subpar. (H) redesignated (I).
Enacted provision · exact public law section
(B) by inserting after subparagraph (G) the following new subparagraph: “(H) A summary of the life cycle sustainment plan required under section 2337 of this title.” .
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 802(b)(2)(A) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 4252(c)(1)(I)
Pub. L. 116–283, § 802(b)(2)(A), redesignated subpar. (H) as (I)
Source evidence
Code amendment note
Subsec. (c)(1)(I). Pub. L. 116–283, § 802(b)(2)(A), redesignated subpar. (H) as (I).
Enacted provision · exact public law section
(A) by redesignating subparagraph (H) as subparagraph (I); and
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(C)(ii) · 134 Stat. 3388
1. Amended · 10 U.S.C. § 4252(c)(2)(A)
  Pub. L. 116–283, § 1847(d)(2)(C)(ii), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(iii)
2. Substituted · 10 U.S.C. § 4252(c)(2)(A)
  Pub. L. 116–283, § 1847(d)(2)(C)(ii), as substituted “section 4351” for “section 2432”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(ii) in paragraph (2)(A), by striking “section 2432” and inserting “sections 4351 through 4358”.
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(D) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4252(d)(3)
Pub. L. 116–283, § 1847(d)(2)(D), substituted “section 4377” for “section 2433a(c)” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 116–283, § 1847(d)(2)(D), substituted “section 4377” for “section 2433a(c)” in introductory provisions.
Enacted provision · exact public law section
(D) Amendments to subsection (d).— Subsection (d)(3) of such section is amended by striking “section 2433a(c)” and inserting “section 4377”.
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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(E)(i) · 134 Stat. 3388
1. Redesignated · 10 U.S.C. § 4252(g)(1)
  Pub. L. 116–283, § 1847(d)(2)(E)(i), redesignated par. (3) as (1)
2. Struck · 10 U.S.C. § 4252(g)(1)
  Pub. L. 116–283, § 1847(d)(2)(E)(i), struck out former par. (1) which defined “major defense acquisition program”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(i) by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (1), (2), (3), (4), (5), and (6), 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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(E)(i) · 134 Stat. 3388
1. Redesignated · 10 U.S.C. § 4252(g)(2)
  Pub. L. 116–283, § 1847(d)(2)(E)(i), (ii), redesignated par. (4) as (2)
2. Substituted · 10 U.S.C. § 4252(g)(2)
  Pub. L. 116–283, § 1847(d)(2)(E)(i), (ii), substituted “section 4172(e)(7)” for “section 2366(e)(7)”
3. Struck · 10 U.S.C. § 4252(g)(2)
  Pub. L. 116–283, § 1847(d)(2)(E)(i), (ii), struck out former par. (2) which defined “designated major subprogram”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(i) by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (1), (2), (3), (4), (5), and (6), 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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(E)(i) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 4252(g)(3)
Pub. L. 116–283, § 1847(d)(2)(E)(i), redesignated par. (5) as (3). Former par. (3) redesignated (1)
Source evidence
Code amendment note
Subsec. (g)(3). Pub. L. 116–283, § 1847(d)(2)(E)(i), redesignated par. (5) as (3). Former par. (3) redesignated (1).
Enacted provision · exact public law section
(i) by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (1), (2), (3), (4), (5), and (6), 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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(E)(i) · 134 Stat. 3388
1. Redesignated · 10 U.S.C. § 4252(g)(4)
  Pub. L. 116–283, § 1847(d)(2)(E)(i), (iii), redesignated par. (6) as (4)
2. Redesignated · 10 U.S.C. § 4252(g)(4)
  Pub. L. 116–283, § 1847(d)(2)(E)(i), (iii), substituted “section 4271(a)” for “section 2448a(a)”. Former par. (4) redesignated (2)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(i) by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (1), (2), (3), (4), (5), and (6), 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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(E)(i) · 134 Stat. 3388
1. Redesignated · 10 U.S.C. § 4252(g)(5)
  Pub. L. 116–283, § 1847(d)(2)(E)(i), (iv), redesignated par. (7) as (5)
2. Redesignated · 10 U.S.C. § 4252(g)(5)
  Pub. L. 116–283, § 1847(d)(2)(E)(i), (iv), substituted “section 4401(b)(3)” for “section 2446a(b)(3)”. Former par. (5) redesignated (3)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(i) by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (1), (2), (3), (4), (5), and (6), 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 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.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(d)(2)(E)(i) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 4252(g)(6)(8)
Pub. L. 116–283, § 1847(d)(2)(E)(i), redesignated pars. (6) to (8) as (4) to (6), respectively
Source evidence
Code amendment note
Subsec. (g)(6) to (8). Pub. L. 116–283, § 1847(d)(2)(E)(i), redesignated pars. (6) to (8) as (4) to (6), respectively.
Enacted provision · exact public law section
(i) by striking paragraphs (1) and (2) and redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (1), (2), (3), (4), (5), and (6), 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 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.
2024
Pub. L. 118–159 § 807(1) · 138 Stat. 1974
Substituted · 10 U.S.C. § 4252
Pub. L. 118–159, § 807(1), substituted “factors to be considered before” for “certification required before” in section catchline
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 118–159, § 807(1), substituted “factors to be considered before” for “certification required before” in section catchline.
2024
Pub. L. 118–159 § 807(4) · 138 Stat. 1974
Redesignated · 10 U.S.C. § 4252(a)
Pub. L. 118–159, § 807(4), added subsec. (a). Former subsec. (a) redesignated (b)
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, § 807(4), added subsec. (a). Former subsec. (a) redesignated (b).
2024
Pub. L. 118–159 § 807(3) · 138 Stat. 1974
1. Redesignated · 10 U.S.C. § 4252(b)
  Pub. L. 118–159, § 807(3), (5), redesignated subsec. (a) as (b)
2. Amended · 10 U.S.C. § 4252(b)
  Pub. L. 118–159, § 807(3), (5), amended it generally. Prior to amendment, subsec. related to certifications and determinations required for Milestone B approval
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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.
2024
Pub. L. 118–159 § 807(6) · 138 Stat. 1974
Redesignated · 10 U.S.C. § 4252(c)
Pub. L. 118–159, § 807(6), added subsec. (c). Former subsec. (c) redesignated (e)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 118–159, § 807(6), added subsec. (c). Former subsec. (c) redesignated (e).
2024
Pub. L. 118–159 § 807(7)(A) · 138 Stat. 1974
Substituted · 10 U.S.C. § 4252(d)
Pub. L. 118–159, § 807(7)(A), substituted “Basis for Milestone Approval” for “Certifications or Determination” in heading
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d). Pub. L. 118–159, § 807(7)(A), substituted “Basis for Milestone Approval” for “Certifications or Determination” in heading.
2024
Pub. L. 118–159 § 807(2) · 138 Stat. 1974
1. Redesignated · 10 U.S.C. § 4252(d)
  Pub. L. 118–159, § 807(2), (3), redesignated subsec. (b) as (d)
2. Struck · 10 U.S.C. § 4252(d)
  Pub. L. 118–159, § 807(2), (3), 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
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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.
2024
Pub. L. 118–159 § 807(7)(B)(i) · 138 Stat. 1974
Substituted · 10 U.S.C. § 4252(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)”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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)”.
2024
Pub. L. 118–159 § 807(7)(B)(ii) · 138 Stat. 1974
1. Substituted · 10 U.S.C. § 4252(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”
2. Substituted · 10 U.S.C. § 4252(d)(1)(A)
  Pub. L. 118–159, § 807(7)(B)(ii), substituted “decision specified in subsection (b)” for “certifications or determination specified in paragraph (1), (2), or (3) of subsection (a)”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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)”.
2024
Pub. L. 118–159 § 807(7)(B)(iii) · 138 Stat. 1974
Substituted · 10 U.S.C. § 4252(d)(1)(B)
Pub. L. 118–159, § 807(7)(B)(iii), substituted “such decision” for “such certifications or determination”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d)(1)(B). Pub. L. 118–159, § 807(7)(B)(iii), substituted “such decision” for “such certifications or determination”.
2024
Pub. L. 118–159 § 807(7)(C) · 138 Stat. 1974
1. Struck · 10 U.S.C. § 4252(d)(2)
  Pub. L. 118–159, § 807(7)(C), struck out “withdraw the certifications or determination concerned or” after “milestone decision authority may”
2. Substituted · 10 U.S.C. § 4252(d)(2)
  Pub. L. 118–159, § 807(7)(C), substituted “approval is” for “certifications, determination, or approval are”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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”.
2024
Pub. L. 118–159 § 807(3) · 138 Stat. 1974
1. Redesignated · 10 U.S.C. § 4252(e)
  Pub. L. 118–159, § 807(3), (8), redesignated subsec. (c) as (e)
2. Struck · 10 U.S.C. § 4252(e)
  Pub. L. 118–159, § 807(3), (8), amended it generally. Prior to amendment, subsec. related to submission to Congress of brief summary reports on Milestone B. Former subsec. (e) struck out
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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.
2024
Pub. L. 118–159 § 807(2) · 138 Stat. 1974
Struck · 10 U.S.C. § 4252(e)
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.”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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.”
2024
Pub. L. 118–159 § 807(2) · 138 Stat. 1974
1. Redesignated · 10 U.S.C. § 4252(f)
  Pub. L. 118–159, § 807(2), (3), redesignated subsec. (g) as (f)
2. Struck · 10 U.S.C. § 4252(f)
  Pub. L. 118–159, § 807(2), (3), 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).”
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, § 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).”
2024
Pub. L. 118–159 § 807(9) · 138 Stat. 1974
1. Added · 10 U.S.C. § 4252(f)(4)(6)
  Pub. L. 118–159, § 807(9), added par. (5)
2. Redesignated · 10 U.S.C. § 4252(f)(4)(6)
  Pub. L. 118–159, § 807(9), redesignated par. (6) as (4)
3. Struck · 10 U.S.C. § 4252(f)(4)(6)
  Pub. L. 118–159, § 807(9), struck out former pars. (4) and (5) which defined the terms fielding target and major system component, respectively
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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.
2025
Pub. L. 119–60 div. A title XVIII § 1811(g)(3) · 139 Stat. 1243
1. Redesignated · 10 U.S.C. § 4252(b)(9)(15)
  Pub. L. 119–60 redesignated pars. (10) to (15) as (9) to (14), respectively
2. Struck · 10 U.S.C. § 4252(b)(9)(15)
  Pub. L. 119–60 struck out former par. (9) which read as follows: “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.”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(9) to (15). Pub. L. 119–60 redesignated pars. (10) to (15) as (9) to (14), respectively, and struck out former par. (9) which read as follows: “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.”

102 of 126 references resolved to an enrolled provision · 24 unresolved

Editorial Notes

Amendments2006–2025 · 13 rounds

2025

Subsec. (b)(9) to (15). Pub. L. 119–60 redesignated pars. (10) to (15) as (9) to (14), respectively, and struck out former par. (9) which read as follows: “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.”

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)”.

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 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.

Effective Date of 2017 Amendment

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].”

Effective Date of 2013 Amendment

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.

Effective Date of 2011 Amendment

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.

Responsibility for Conducting Assessments

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.”
#

Guidance

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.”
#
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Milestone B Decisions

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.”

Formal Review Process for Bandwidth Requirements

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
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“(B)
a determination will be made with respect to how to meet the bandwidth requirements for such program.”
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Credits

2006–2025 · 18 acts

2006Added Pub. L. 109–163, div. A, title VIII, § 801(a), Jan. 6, 2006, 119 Stat. 3366, § 2366a
2006amended Pub. L. 109–364, div. A, title VIII, § 805, Oct. 17, 2006, 120 Stat. 2314
2008Pub. L. 110–181, div. A, title VIII, § 812, Jan. 28, 2008, 122 Stat. 219
2008renumbered § 2366b, Pub. L. 110–417, [div. A], title VIII, § 813(a), (b), Oct. 14, 2008, 122 Stat. 4527
2009Pub. L. 111–23, title I, § 101(d)(4), title II, §§ 201(f), 205(a), May 22, 2009, 123 Stat. 1710, 1720, 1724
2011Pub. 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
2011Pub. L. 112–81, div. A, title VIII, §§ 801(b), (e)(2), 819(b), Dec. 31, 2011, 125 Stat. 1483, 1484, 1501
2013Pub. L. 112–239, div. A, title III, § 322(e)(2), title IX, § 904(e)(2), Jan. 2, 2013, 126 Stat. 1695, 1867
2013Pub. L. 113–66, div. A, title VIII, §§ 821(a), 822(a), title X, § 1091(b)(1), Dec. 26, 2013, 127 Stat. 809, 876
2015Pub. L. 114–92, div. A, title VIII, § 824(a), Nov. 25, 2015, 129 Stat. 903
2016Pub. L. 114–328, div. A, title VIII, §§ 805(a)(3), 807(e), 808(b), 843, Dec. 23, 2016, 130 Stat. 2255, 2262, 2263, 2290
2017Pub. L. 115–91, div. A, title VIII, §§ 835(b)(1), 838(a)(1), Dec. 12, 2017, 131 Stat. 1471, 1474
2018Pub. L. 115–232, div. A, title VIII, § 831(b)(3), Aug. 13, 2018, 132 Stat. 1857
2019Pub. L. 116–92, div. A, title VIII, § 833, Dec. 20, 2019, 133 Stat. 1494
2021renumbered § 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
2021Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(C)(iii), Dec. 27, 2021, 135 Stat. 2147
2024Pub. L. 118–159, div. A, title VIII, § 807, Dec. 23, 2024, 138 Stat. 1974
2025Pub. L. 119–60, div. A, title XVIII, § 1811(g)(3), Dec. 18, 2025, 139 Stat. 1243.

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