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10 U.S.C. § 2366b — Renumbered § 4252]
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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Stable record: federal_law:legal_authorities:record_usc_49a47500483101ef89098550
Source file: Laws/federal/codes/united-states-code/title-10/section-2366b-renumbered-4252--2c1627b817.md
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Source location: Title 10, Chapter [CHAPTER 139, § 2366b; chapter-chapter-139-chapter-chapter-139.md
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### 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).
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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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4272
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Actions if Program Not Terminated.—** If the Secretary elects not to terminate a major defense acquisition program pursuant to subsection (b) of [section 4376 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4376&num=0&edition=prelim), the Secretary shall—
(1) restructure the program in a manner that addresses the root cause or causes of the critical cost growth, as identified pursuant to subsection (a) of that section, and ensures that the program has an appropriate management structure as set forth in the certification submitted pursuant to subsection (b)(2)(E) of that section;
(2) rescind the most recent Milestone approval for the program and withdraw any associated certification under section 4251 or 4252 of this title;
(3) require a new Milestone approval for the program before taking any contract action to enter a new contract, exercise an option under an existing contract, or otherwise extend the scope of an existing contract under the program, except to the extent determined necessary by the Milestone Decision Authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources;
(4) include in the report specified in subsection (b) a description of all funding changes made as a result of the growth in cost of the program, including reductions made in funding for other programs to accommodate such cost growth; and
(5) conduct regular reviews of the program in accordance with the requirements of section 205 of the Weapon Systems Acquisition Reform Act of 2009.
**(b) Identification of Report for Description of Funding Changes.—** For purposes of subsection (a)(4), the report specified in this subsection is the first Selected Acqu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4377
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Federal law — U.S. Code and appendices · legal_authorities
Page 1907
TITLE 10—ARMED FORCES
[§ 2378
[§ 2361a. Renumbered § 4142]
[§ 2362. Renumbered § 4144]
Editorial Notes
PRIOR PROVISIONS
A prior section 2362, added Pub. L. 99–145, title I,
§ 123(a)(1), Nov. 8, 1985, 99 Stat. 599; amended Pub. L.
99–433, title I, § 110(g)(4), Oct. 1, 1986, 100 Stat. 1004; Pub.
L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284, which re-
lated to testing requirements for wheeled or tracked
armored vehicles, was repealed by Pub. L. 103–160, div.
A, title VIII, § 821(a)(3), Nov. 30, 1993, 107 Stat. 1704.
[§ 2363. Renumbered § 4123]
Editorial Notes
PRIOR PROVISIONS
A prior section 2363, added Pub. L. 99–145, title XIV,
§ 1457(a), Nov. 8, 1985, 99 Stat. 762, related to encourage-
ment of technology transfer, prior to repeal by Pub. L.
102–484, div. D, title XLII, §§ 4224(c), 4271(a)(2), Oct. 23,
1992, 106 Stat. 2683, 2695. See section 4832 of this title.
[§ 2364. Omitted]
Editorial Notes
CODIFICATION
Section catchline and subsec. (a) were transferred to
chapter 301 and redesignated as section 4014 of this
title. Subsecs. (b) and (c) were transferred to sub-
chapter III of chapter 303 and redesignated as subsecs.
(a) and (b), respectively, of section 4125 of this title.
[§ 2365. Renumbered § 4066]
Editorial Notes
PRIOR PROVISIONS
A prior section 2365, added Pub. L. 99–500, § 101(c)
[title X, § 909(a)(1), formerly § 909(a)], Oct. 18, 1986, 100
Stat. 1783–82, 1783–142, and Pub. L. 99–591, § 101(c) [title
X, § 909(a)(1), formerly § 909(a)], Oct. 30, 1986, 100 Stat.
3341–82, 3341–142, redesignated § 909(a)(1), Pub. L. 100–26,
§ 4(b), Apr. 21, 1987, 101 Stat. 274; Pub. L. 99–661, div. A,
title IX, formerly title IV, § 909(a)(1), Nov. 14, 1986, 100
Stat. 3921, renumbered title IX, Pub. L. 100–26, § 3(5),
Apr. 21, 1987, 101
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2366b
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.