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10 U.S.C. § 4272 — Independent technical risk assessments
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** With respect to a major defense acquisition program, the Secretary of Defense shall conduct or approve independent technical risk assessments before any decision to grant Milestone B approval for the program pursuant to [section 4252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4252&num=0&edition=prelim), 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.
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Stable record: federal_law:legal_authorities:record_usc_0e43103b185c9ad10d7e1668
Source file: Laws/federal/codes/united-states-code/title-10/section-4272-independent-technical-risk-assessments--aa0e97c57a.md
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Source location: Title 10, Chapter 322, § 4272; chapter-322-major-systems-and-major-defense-acquisition-programs-generally.md
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**(a) In General.—** With respect to a major defense acquisition program, the Secretary of Defense shall conduct or approve independent technical risk assessments before any decision to grant Milestone B approval for the program pursuant to [section 4252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4252&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2366b was renumbered [section 2366a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2366a&num=0&edition=prelim) and subsequently was renumbered [section 4251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4251&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2366b
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2366a was renumbered [section 4252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4252&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2366a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibilities.—** Before granting Milestone A approval for a major defense acquisition program or a major subprogram, the milestone decision authority for the program or subprogram shall ensure that—
(1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the risk reduction phase;
(2) the cost, schedule, technical feasibility, and performance trade-offs that have been made with regard to the program do not overly constrain future trade space; and
(3) there are sound plans for progression of the program or subprogram to the development phase.
**(b) Factors to Be Considered for Milestone a Approval.—** A major defense acquisition program or subprogram may not receive Milestone A approval or otherwise be initiated prior to Milestone B approval until the milestone decision authority confirms that the following factors were considered in the decision to grant Milestone A approval:
(1) The program or subprogram fulfills an approved requirements document.
(2) The program or subprogram has conducted appropriate market research.
(3) With respect to any identified areas of risk, there is a plan to reduce the risk.
(4) Planning for sustainment has been addressed.
(5) An analysis of alternatives has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted.
(6) A life cycle cost estimate for the program or subprogram has been submitted by the component and that the level of resources required to complete the technology maturation and risk reduction phase of the program is sufficient for successful program execution.
(7) The program or subpro
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4251
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Federal law — U.S. Code and appendices · legal_authorities
**(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 designated milestone decision authority for the program shall ensure, by establishing the goals described in paragraph (2), that the program 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) Definitions.—** In this section:
(1) The term “procurement unit cost” has the meaning provided in [section 4351(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351/a/2&num=0&edition=prelim).
(2) The term “initial capabilities document” has the meaning provided in [section 4251(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4251/d/1&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4271
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Federal law — U.S. Code and appendices · legal_authorities
**(a) 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—
(1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase;
(2) 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
(3) there are sound plans for progression of the program or subprogram to the production phase.
**(b) 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:
(1) The program or subprogram has received a preliminary design review and a formal post-preliminary design review or an equivalent assessment was conducted.
(2) The technology in the program or subprogram has been demonstrated in a relevant environment.
(3) 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.
(4) 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.
(5) The estimated
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4252
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Federal law — U.S. Code and appendices · legal_authorities
Page 2726
TITLE 10—ARMED FORCES
§ 4272
more boards (to be known as a ‘Configuration Steering
Board’) for the major defense acquisition programs of
such department.
‘‘(b) COMPOSITION.—
‘‘(1) CHAIR.—Each Configuration Steering Board
under this section shall be chaired by the service ac-
quisition executive of the military department con-
cerned.
‘‘(2) PARTICULAR
MEMBERS.—Each Configuration
Steering Board under this section shall include a rep-
resentative of the following:
‘‘(A) The Office of the Under Secretary of Defense
for Research and Engineering.
‘‘(B) The Office of the Under Secretary of Defense
for Acquisition and Sustainment.
‘‘(C) The Chief of Staff of the Armed Force con-
cerned.
‘‘(D) Other Armed Forces, as appropriate.
‘‘(E) The Joint Staff.
‘‘(F) The Comptroller of the military department
concerned.
‘‘(G) The military deputy to the service acquisi-
tion executive concerned.
‘‘(H) The program executive officer for the major
defense acquisition program concerned.
‘‘(I) Other senior representatives of the Office of
the Secretary of Defense and the military depart-
ment concerned, as appropriate.
‘‘(c) RESPONSIBILITIES.—
‘‘(1)
IN
GENERAL.—The
Configuration
Steering
Board for a major defense acquisition program under
this section shall be responsible for the following:
‘‘(A) Monitoring changes in program require-
ments and ensuring the Chief of Staff of the Armed
Force concerned, in consultation with the Sec-
retary of the military department concerned, ap-
proves of any proposed changes that could have an
adverse effect on program cost or schedule.
‘‘(B) Preventing unnecessary changes to program
requirements and system configuration that could
have an adverse impact on program cost or sched-
ule.
‘‘(C) Mitigating the adverse cost
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4272
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