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10 U.S.C. § 4172 — Major systems and munitions programs: survivability testing and lethality testing required before full-scale production
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements.—**
(1) The Secretary of Defense shall provide that—
(A) a covered system may not proceed beyond low-rate initial production until realistic survivability testing of the system is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection; and
(B) a major munition program or a missile program may not proceed beyond low-rate initial production until realistic lethality testing of the program is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection.
(2) The Secretary of Defense shall provide that a covered product improvement program may not proceed beyond low-rate initial production until—
(A) in the case of a product improvement to a covered system, realistic survivability testing is completed in accordance with this section; and
(B) in the case of a product improvement to a major munitions program or a missile program, realistic lethality testing is completed in accordance with this section.
**(b) Test Guidelines.—**
(1) Survivability and lethality tests required under subsection (a) shall be carried out sufficiently early in the development phase of the system or program (including a covered product improvement program) to allow any design deficiency demonstrated by the testing to be corrected in the design of the system, munition, or missile (or in the product modification or upgrade to the system, munition, or missile) before proceeding beyond low-rate initial production.
(2) The costs of all tests required under that subsection shall be paid from funds available for the system being tested.
**(c) Waiver Authority.—**
(1) T
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Source file: Laws/federal/codes/united-states-code/title-10/section-4172-major-systems-and-munitions-programs-survivability-testing-and-lethality--c85a3402f3.md
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Source location: Title 10, Chapter 307, § 4172; chapter-307-test-and-evaluation.md
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**(a) Requirements.—**
(1) The Secretary of Defense shall provide that—
(A) a covered system may not proceed beyond low-rate initial production until realistic survivability testing of the system is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection; and
(B) a major munition program or a missile program may not proceed beyond low-rate initial production until realistic lethality testing of the program is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection.
(2) The Secretary of Defense shall provide that a covered product improvement program may not proceed beyond low-rate initial production until—
(A) in the case of a product improvement to a covered system, realistic survivability testing is completed in accordance with this section; and
(B) in the case of a product improvement to a major munitions program or a missile program, realistic lethality testing is completed in accordance with this section.
**(b) Test Guidelines.—**
(1) Survivability and lethality tests required under subsection (a) shall be carried out sufficiently early in the development phase of the system or program (including a covered product improvement program) to allow any design deficiency demonstrated by the testing to be corrected in the design of the system, munition, or missile (or in the product modification or upgrade to the system, munition, or missile) before proceeding beyond low-rate initial production.
(2) The costs of all tests required under that subsection shall be paid from funds available for the system being tested.
**(c) Waiver Authority.—**
(1) The Secretary of Defense may waive the application of the survivability and lethality tests of this section to a covered system, munitions program, missile program, or covered product improvement program if the Secretary determines that live-fire testing of such system or program would be unreasonably expensive and impractical and submits a certification of that determination to Congress—
(A) before Milestone B approval for the system or program; or
(B) in the case of a system or program initiated at—
(i) Milestone B, as soon as is practicable after the Milestone B approval; or
(ii) Milestone C, as soon as is practicable after the Milestone C approval.
(2) In the case of a covered system (or covered product improvement program for a covered system), the Secretary may waive the application of the survivability and lethality tests of this section to such system or program and instead allow testing of the system or program in combat by firing munitions likely to be encountered in combat at components, subsystems, and subassemblies, together with performing design analyses, modeling and simulation, and analysis of combat data. Such alternative testing may not be carried out in the case of any covered system (or covered product improvement program for a covered system) unless the Secretary certifies to Congress, before the system or program enters system development and demonstration, that the survivability and lethality testing of such system or program otherwise required by this section would be unreasonably expensive and impracticable.
(3) The Secretary shall include with any certification under paragraph (1) or (2) a report explaining how the Secretary plans to evaluate the survivability or the lethality of the system or program and assessing possible alternatives to realistic survivability testing of the system or program.
(4) In time of war or mobilization, the President may suspend the operation of any provision of this section.
**(d) Reporting to Congress.—**
(1) At the conclusion of survivability or lethality testing under subsection (a), the Secretary of Defense shall submit a report on the testing to the congressional defense committees. Each such report shall describe the results of the survivability or lethality testing and shall give the Secretary’s overall assessment of the testing.
(2) If a decision is made within the Department of Defense to proceed to operational use of a system, or to make procurement funds available for a system, before Milestone C approval of that system, the Secretary of Defense shall submit to the congressional defense committees, as soon as practicable after such decision, the following:
(A) A report describing the status of survivability and live fire testing of that system.
(B) The report required under paragraph (1).
**(e) Definitions.—** In this section:
(1) The term “covered system” means—
(A) a vehicle, weapon platform, or conventional weapon system that—
(i) includes features designed to provide some degree of protection to users in combat; and
(ii) is a major system as defined in [section 3041 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041&num=0&edition=prelim); or
(B) any other system or program designated by the Secretary of Defense for purposes of this section.
(2) The term “major munitions program” means—
(A) a munition program for which more than 1,000,000 rounds are planned to be acquired; or
(B) a conventional munitions program that is a major system within the meaning of that term in [section 3041 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041&num=0&edition=prelim).
(3) The term “realistic survivability testing” means, in the case of a covered system (or a covered product improvement program for a covered system), testing for vulnerability of the system in combat by firing munitions likely to be encountered in combat (or munitions with a capability similar to such munitions) at the system configured for combat, with the primary emphasis on testing vulnerability with respect to potential user casualties and taking into equal consideration the susceptibility to attack and combat performance of the system.
(4) The term “realistic lethality testing” means, in the case of a major munitions program or a missile program (or a covered product improvement program for such a program), testing for lethality by firing the munition or missile concerned at appropriate targets configured for combat.
(5) The term “configured for combat”, with respect to a weapon system, platform, or vehicle, means loaded or equipped with all dangerous materials (including all flammables and explosives) that would normally be on board in combat.
(6) The term “covered product improvement program” means a program under which—
(A) a modification or upgrade will be made to a covered system which (as determined by the Secretary of Defense) is likely to affect significantly the survivability of such system; or
(B) a modification or upgrade will be made to a major munitions program or a missile program which (as determined by the Secretary of Defense) is likely to affect significantly the lethality of the munition or missile produced under the program.
(7) The term “Milestone B approval” means a decision to enter into system development and demonstration pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.
(8) The term “Milestone C approval” means a decision to enter into production and deployment pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility Requirements.—**
(1) Subject to regulations prescribed by the President, a member of the naval service who is entitled to basic pay, and (A) holds (or is in training leading to) a submarine duty designator, (B) is in and remains in the submarine service on a career basis, and (C) meets the requirements of paragraph (3), is entitled to continuous monthly submarine duty incentive pay in the amount prescribed pursuant to subsection (b).
(2) Subject to regulations prescribed by the President, a member of the naval service who is entitled to basic pay but is not entitled to continuous monthly submarine duty incentive pay under paragraph (1) is entitled to submarine duty incentive pay in the amount prescribed pursuant to subsection (b) for any period during which such member performs frequent and regular operational submarine duty (as defined in paragraph (5)) required by orders.
(3) To be entitled to continuous monthly submarine duty incentive pay through 26 years of service (as computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim), but excluding, in the case of an officer, periods as an enlisted member before initial appointment as an officer), a member must perform operational submarine duties for at least 6 of the first 12, and at least 10 of the first 18, years of his submarine service. However, if a member performs the prescribed operational submarine duties for at least 8 but less than 10 of the first 18 years of his submarine service, he is entitled to continuous monthly submarine duty incentive pay for the first 22 years of his service (as computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 301c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In this part (other than in sections 4292(e) and 4321), the term “major system” means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. The elements may include hardware, equipment, software or any combination thereof, but excludes construction or other improvements to real property.
**(b) System Considered to Be a Major System.—** A system shall be considered a major system if—
(1) the conditions of subsection (c) or (d), as applicable, are satisfied; or
(2) the system is designated a “major system” by the head of the agency responsible for the system.
**(c) Department of Defense Systems.—**
(1) **In general.—** — For purposes of subsection (b), a system for which the Department of Defense is responsible shall be considered a major system if—
(A) the total expenditures for research, development, test, and evaluation for the system are estimated to be more than $275,000,000 (based on fiscal year 2024 constant dollars); or
(B) the eventual total expenditure for procurement for the system is estimated to be more than $1,300,000,000 (based on fiscal year 2024 constant dollars).
(2) **Adjustment authority.—** — Authority for the Secretary of Defense to adjust amounts and the base fiscal year in effect under this subsection is provided in [section 4202(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4202/b&num=0&edition=prelim).
**(d) Civilian Agency Systems.—** For purposes of subsection (b), a system for which a civilian agency is responsible shall be considered a major system if total expenditures for the system are estimated to exceed the greater of—
(1) $2,000,000 (based on fiscal year 2024 constant dollars); or
(2) the do
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3041
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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
In this chapter:
(1) The term “best value” means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule.
(2) The term “capability requirement” means a capability that is critical or essential to address an operational problem.
(3) The term “cost-effective” means, with respect to an acquisition, delivering superior end-user results at equal or lower cost compared to alternatives.
(4) The term “operational problem” means—
(A) a challenge of a military department in achieving an assigned military objective based on current doctrine, emerging threats, or future concepts; and
(B) may include limitations in capabilities, capacity, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, or among military capabilities.
(5) The term “service chief” means—
(A) the Chief of Staff of the Army, with respect to matters concerning the Army;
(B) the Chief of Naval Operations, with respect to matters concerning the Navy;
(C) the Commandant of the Marine Corps, with respect to matters concerning the Marine Corps;
(D) the Chief of Staff of the Air Force, with respect to matters concerning the Air Force; and
(E) the Chief of Space Operations, with respect to matters concerning the Space Force.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Director of Operational Test and Evaluation in the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the office of Director. The Director may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress.
(2) In this section:
(A) The term “operational test and evaluation” means—
(i) the field test, under realistic combat conditions, of any item of (or key component of) weapons, equipment, or munitions for the purpose of determining the effectiveness and suitability of the weapons, equipment, or munitions for use in combat by typical military users; and
(ii) the evaluation of the results of such test.
(B) The term “major defense acquisition program” means a Department of Defense acquisition program that is a major defense acquisition program for purposes of [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim) or that is designated as such a program by the Director for purposes of this section.
**(b)** The Director is the principal adviser to the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering on operational test and evaluation in the Department of Defense and the principal operational test and evaluation official within the senior management of the Department of Defense. The Director shall—
(1) ensure that all operational test and evaluation activities are aligned with, and are condu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 139
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Baseline Description Requirement.—**
(1) The Secretary of a military department shall establish a baseline description for each major defense acquisition program and for each designated major subprogram under the program under the jurisdiction of such Secretary.
(2) The baseline shall include sufficient parameters to describe the cost estimate (referred to as the “Baseline Estimate” in sections 4371 through 4375 of this title), schedule, performance, supportability, and any other factor of such major defense acquisition program or designated major subprogram.
**(b) Funding Limit.—** No amount appropriated or otherwise made available to the Department of Defense for carrying out a major defense acquisition program or any designated major subprogram under the program may be obligated after the program or subprogram enters system development and demonstration without an approved baseline description unless such obligation is specifically approved by the Under Secretary of Defense for Acquisition and Sustainment.
**(c) Schedule.—** A baseline description for a major defense acquisition program or any designated major subprogram under the program shall be prepared under this section—
(1) before the program or subprogram enters system development and demonstration;
(2) before the program or subprogram enters production and deployment; and
(3) before the program or subprogram enters full rate production.
**(d) Original Baseline Estimate.—**
(1) In this subpart, the term “original Baseline Estimate”, with respect to a major defense acquisition program or any designated major subprogram under the program, means the baseline description established with respect to the program or subprogram under subsection (a) prepared before the program or subprogram enters system
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4214
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall ensure that each covered system is supported by a performance-based life-cycle sustainment plan—
(1) that is approved by the service acquisition executive responsible for such covered system; and
(2) that meets applicable operational readiness requirements and materiel readiness objectives (established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c&num=0&edition=prelim)) in the most cost-effective manner practicable.
**(b) Life-cycle Sustainment Plan.—**
(1) A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following:
(A) A comprehensive product support strategy that addresses each Integrated Product Support Element in a manner—
(i) to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system; and
(ii) that allows evaluation and selection of product support integrators and product support providers appropriate to execute the product support strategy.
(B) A life-cycle cost estimate for the covered system that—
(i) is based on the product support strategy described in subparagraph (A); and
(ii) if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval, Milestone B approval, or Milestone C approval.
(C) Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management.
(D) An intellectu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4324
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation.—** The Secretary of the Air Force, acting through the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics, shall designate a senior official, who shall report to the Assistant Secretary, to monitor the combined industrial base supporting the acquisition of—
(1) B–21 aircraft; and
(2) the Sentinel intercontinental ballistic missile weapon system.
**(b) Requirements for Monitoring.—** In monitoring the combined industrial base described in subsection (a), the senior official designated under such subsection shall—
(1) have the authority to select staff to assist the senior official from among civilian employees of the Department and members of the armed forces, who may provide such assistance concurrently while serving in another position;
(2) monitor the acquisition by the combined industrial base of—
(A) materials, technologies, and components associated with nuclear weapons systems; and
(B) commodities purchased on a large scale;
(3) monitor the hiring or contracting by the combined industrial base of personnel with critical skills; and
(4) assess whether personnel with critical skills and knowledge, intellectual property on manufacturing processes, and facilities and equipment necessary to design, develop, manufacture, repair, and support a program are available and affordable within the scopes of the B–21 aircraft program and the Sentinel intercontinental ballistic missile weapon system program.
**(c) Annual Report.—** At the same time as the submission of the budget of the President pursuant to [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) for a fiscal year, the Secretary shall submit to the congressional defense commi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 493a
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Federal law — U.S. Code and appendices · legal_authorities
Page 2683
TITLE 10—ARMED FORCES
§ 4172
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.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective Dec. 31, 2021, of provisions
in subsec. (g) of this section requiring submittal of an-
nual report to Congress, see section 1061 of Pub. L.
114–328, set out as a note under section 111 of this title.
ENHANCEMENTS TO TRANSPARENCY IN TEST AND
EVALUATION PROCESSES AND DATA
Pub. L. 115–91, div. A, title VIII, § 839, Dec. 12, 2017, 131
Stat. 1475, provided that:
‘‘(a) ADDITIONAL TEST
AND EVALUATION DUTIES
OF
MILITARY SECRETARIES AND DEFENSE AGENCY HEADS.—
‘‘(1) REPORT ON COMPARISON OF OPERATIONAL TEST
AND EVALUATION RESULTS TO LEGACY ITEMS OR COMPO-
NENTS.—Concurrent with the submission of a report
required under section 2399(b)(2) of title 10, United
States Code [now 10 U.S.C. 4171(b)(2)], the Secretary
of a military department or the head of a Defense
Agency may provide to the congressional defense
committees [Committees on Armed Services and Ap-
propriations of the Senate and the House of Rep-
resentatives] and the Secretary of Defense a report
describing of the performance of the items or compo-
nents evaluated as part of the operational test and
evaluation for each major defense acquisition pro-
gram conducted under such section by the Director of
Operational Test and Evaluation in relation to com-
parable legacy items or components, if such items or
components exist and relevant data are available
without requiring additional testing.
‘‘(2) ADDITIONAL REPORT ON OPERATIONAL TEST AND
EVALUATION ACTIVITIES.—Wi
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4172
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