§ 4272. Independent technical risk assessments

Legislative history

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

1. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title VIII § 807(a)(1) · 130 Stat. 2000

   Enacted · 10 U.S.C. § 4272

   Added Pub. L. 114–328, div. A, title VIII, § 807(a)(1), Dec. 23, 2016, 130 Stat. 2261, § 2448b

   Source evidence

   Code source credit
   Added Pub. L. 114–328, div. A, title VIII, § 807(a)(1), Dec. 23, 2016, 130 Stat. 2261, § 2448b

   Enacted provision · exact public law section
   (1) In general.— Chapter 144B of title 10, United States Code, as added by section 805, 10 USC 2448a prec. is amended by adding at the end the following new subchapter: “SUBCHAPTER III— COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE ACQUISITION PROGRAMS “Sec. “2448a.  Program cost, fielding, and performance goals in planning major defense acquisition programs. “2448b.  Independent technical risk assessments. “§ 2448a. Program cost, fielding, and performance goals in planning major defense acquisition programs “(a) Program Cost and Fielding Targets.— (1) Before funds are obligated for technology development, systems development, or production of a major defense acquisition program, the Secretary of Defense shall ensure, by establishing the goals described in paragraph (2), that the milestone decision authority for the major defense acquisition program approves a program that will— “(A) be affordable; “(B) incorporate program planning that anticipates the evolution of capabilities to meet changing threats, technology insertion, and interoperability; and “(C) be fielded when needed. “(2) The goals described in this paragraph are goals for— “(A) the procurement unit cost and sustainment cost (referred to in this section as the ‘program cost targets’); “(B) the date for initial operational capability (referred to in this section as the ‘fielding target’); and “(C) technology maturation, prototyping, and a modular open system approach to evolve system capabilities and improve interoperability. “(b) Delegation.— The responsibilities of the Secretary of Defense in subsection (a) may be delegated only to the Deputy Secretary of Defense. “(c) Definitions.— In this section: “(1) The term ‘procurement unit cost’ has the meaning provided in section 2432(a)(2) of this title. “(2) The term ‘initial capabilities document’ has the meaning provided in section 2366a(d)(2) of this title. “§ 2448b. Independent technical risk assessments “(a) In General.— With respect to a major defense acquisition program, the Secretary of Defense shall ensure that an independent technical risk assessment is conducted— “(1) before any decision to grant Milestone A approval for the program pursuant to section 2366a of this title, that identifies critical technologies and manufacturing processes that need to be matured; and “(2) before any decision to grant Milestone B approval for the program pursuant to section 2366b of this title, any decision to enter into low-rate initial production or full-rate production, or at any other time considered appropriate by the Secretary, that includes the identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment. “(b) Categorization of Technical Risk Levels.— The Secretary shall issue guidance and a framework for categorizing the degree of technical and manufacturing risk in a major defense acquisition program.” .

2. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 div. A title IX § 902(73) · 133 Stat. 1198

   1. Added · 10 U.S.C. § 4272

      Pub. L. 116–92 added subsecs. (a) and (b)

   2. Struck · 10 U.S.C. § 4272

      Pub. L. 116–92 struck out former subsecs. (a) and (b) which read as follows:

   Source evidence

   Code amendment note
   Pub. L. 116–92 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:

   “(a) In General.—With respect to a major defense acquisition program, the Secretary of Defense shall ensure that an independent technical risk assessment is conducted— “(1) before any decision to grant Milestone A approval for the program pursuant to section 2366a of this title, that identifies critical technologies and manufacturing processes that need to be matured; and “(2) before any decision to grant Milestone B approval for the program pursuant to section 2366b of this title, any decision to enter into low-rate initial production or full-rate production, or at any other time considered appropriate by the Secretary, that includes the identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment. “(b) Categorization of Technical Risk Levels.—The Secretary shall issue guidance and a framework for categorizing the degree of technical and manufacturing risk in a major defense acquisition program.”

   Enacted provision · exact public law section
   (73) Section 2448b of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: “(a) In General.— With respect to a major defense acquisition program, the Secretary of Defense shall conduct or approve independent technical risk assessments— “(1) before any decision to grant Milestone A approval for the program pursuant to section 2366a of this title, that identifies critical technologies and manufacturing processes that need to be matured; and “(2) before any decision to grant Milestone B approval for the program pursuant to section 2366b of this title, any decision to enter into low-rate initial production or full-rate production, or at any other time considered appropriate by the Secretary, that includes the identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment. “(b) Guidance.— The Secretary shall issue guidance and a framework for the conduct, execution, and approval of independent technical risk assessments.” .

3. 2021

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

   Pub. L. 116–283 § 1847(e)(2) · 134 Stat. 3388

   Changed · 10 U.S.C. § 4272

   Pub. L. 116–283, § 1847(e)(2), renumbered section 2448b of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1847(e)(2), renumbered section 2448b of this title as this section.

   Enacted provision · exact public law section
   (2) Transfer of section 2448b.— Section 2448b of title 10, United States Code, is transferred to chapter 322 of such title, inserted after section 4271, as transferred and redesignated by paragraph (1), redesignated as section 4272, and amended— (A) in subsection (a)(1), by striking “section 2366a” and inserting “section 4251”; and (B) in subsection (a)(2), by striking “section 2366b” and inserting “section 4252”.

   Effective date note
   Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

4. 2021

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

   Pub. L. 116–283 § 1847(e)(2)(A) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 4272(a)(1)

   Pub. L. 116–283, § 1847(e)(2)(A), substituted “section 4251” for “section 2366a”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 116–283, § 1847(e)(2)(A), substituted “section 4251” for “section 2366a”.

   Enacted provision · exact public law section
   (A) in subsection (a)(1), by striking “section 2366a” and inserting “section 4251”; and

   Effective date note
   Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

5. 2021

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

   Pub. L. 116–283 § 1847(e)(2)(B) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 4272(a)(2)

   Pub. L. 116–283, § 1847(e)(2)(B), substituted “section 4252” for “section 2366b”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 116–283, § 1847(e)(2)(B), substituted “section 4252” for “section 2366b”.

   Enacted provision · exact public law section
   (B) in subsection (a)(2), by striking “section 2366b” and inserting “section 4252”.

   Effective date note
   Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

6. 2024

   Pub. L. 118–159 div. A title VIII § 806(b)(1) · 138 Stat. 1974

   1. Struck · 10 U.S.C. § 4272(a)

      Pub. L. 118–159 struck out dash after “risk assessments” and par. (2) designation before “before any decision”

   2. Struck · 10 U.S.C. § 4272(a)

      Pub. L. 118–159 struck out par. (1) which read as follows: “before any decision to grant Milestone A approval for the program pursuant to section 4251 of this title, that identifies critical technologies and manufacturing processes that need to be matured; and”

   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 struck out dash after “risk assessments” and par. (2) designation before “before any decision” and struck out par. (1) which read as follows: “before any decision to grant Milestone A approval for the program pursuant to section 4251 of this title, that identifies critical technologies and manufacturing processes that need to be matured; and”.

6 of 8 references resolved to an enrolled provision · 2 unresolved