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10 U.S.C. § 2366a — Renumbered § 4251]
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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Stable record: federal_law:legal_authorities:record_usc_61eb6a140ca0ea6c3f03e2e5
Source file: Laws/federal/codes/united-states-code/title-10/section-2366a-renumbered-4251--8334a217f8.md
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Source location: Title 10, Chapter [CHAPTER 139, § 2366a; chapter-chapter-139-chapter-chapter-139.md
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### 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).
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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
**(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) Designation of Critical Acquisition Positions.—**
(1) The Secretary of Defense shall designate the acquisition positions in the Department of Defense that are critical acquisition positions. Such positions shall include the following:
(A) Any acquisition position which—
(i) in the case of employees, is required to be filled by an employee in a senior position in the National Security Personnel System, as determined in accordance with guidelines prescribed by the Secretary, or in the Senior Executive Service; or
(ii) in the case of members of the armed forces, is required to be filled by a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving in the grade of lieutenant colonel, or, in the case of the Navy, commander, or a higher grade.
(B) Other selected acquisition positions not covered by subparagraph (A), including the following:
(i) Portfolio acquisition executive.
(ii) Program manager of a major defense acquisition program (as defined in [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim)) or of a significant nonmajor defense acquisition program (as defined in [section 1737(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1737/a/3&num=0&edition=prelim)).
(iii) Deputy program manager of a major defense acquisition program.
(iv) Product support manager.
(C) Any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties.
(2) The Secretary shall periodically publish a list of the positions designated under this subsection.
**(b) Promotion Rate for Officers in the Acquisition Workforce.—** The Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1731
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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
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) 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) 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
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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. § 2366a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.