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10 U.S.C. § 4204 — Milestone decision authority

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4204 — Milestone decision authority

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Stable record: federal_law:legal_authorities:record_usc_6b8a444e128b55c06ee73801
Source file: Laws/federal/codes/united-states-code/title-10/section-4204-milestone-decision-authority--ae177666f5.md
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Source location: Title 10, Chapter 321, § 4204; chapter-321-general-matters.md

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**(a) Service Acquisition Executive.—** The milestone decision authority for a major defense acquisition program reaching Milestone A after October 1, 2016, shall be the service acquisition executive of the military department that is managing the program, unless the Secretary of Defense designates, under subsection (b), another official to serve as the milestone decision authority. **(b) Designation of Alternate Milestone Decision Authority.—** The Secretary of Defense may designate an alternate milestone decision authority for a program with respect to which any of the following applies: (1) Subject to subsection (f), the Secretary determines that the program is addressing a joint requirement. (2) The Secretary determines that the program is best managed by a Defense Agency. (3) The program has incurred a unit cost increase greater than the significant cost threshold or critical cost threshold under sections 4371 through 4375 of this title. (4) The program is critical to a major interagency requirement or technology development effort, or has significant international partner involvement. (5) The Secretary determines that an alternate official serving as the milestone decision authority will best provide for the program to achieve desired cost, schedule, and performance outcomes. **(c) Reversion to Service Acquisition Executive.—** (1) After designating an alternate milestone decision authority under subsection (b) for a program, the Secretary of Defense may revert the position of milestone decision authority for the program back to the service acquisition executive upon request of the Secretary of the military department concerned. A decision on the request shall be made within 180 days after receipt of the request from the Secretary of the military department concerned. (2) If the Secretary of Defense denies the request for reversion of the milestone decision authority back to the service acquisition executive, the Secretary shall report to the congressional defense committees on the basis of the Secretary’s decision that an alternate official serving as milestone decision authority will best provide for the program to achieve desired cost, schedule, and performance outcomes. No such reversion is authorized after a program has incurred a unit cost increase greater than the significant cost threshold or critical cost threshold under sections 4371 through 4375 of this title, except in exceptional circumstances. **(d) Certifications relating to program requirements and funding.—** For each major defense acquisition program, the Secretary of the military department concerned and the Chief of the armed force concerned shall, in each Selected Acquisition Report required under [section 4351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351&num=0&edition=prelim)— (1) certify that program requirements are stable and funding is adequate to meet cost, schedule, and performance objectives for the program; and (2) identify and report to the congressional defense committees on any increased risk to the program since the last report. **(e) Documentation and Oversight.—** The Secretary of Defense shall review the acquisition oversight process for major defense acquisition programs and shall— (1) limit outside requirements for documentation to an absolute minimum on those programs where the service acquisition executive of the military department that is managing the program is the milestone decision authority; and (2) ensure that any policies, procedures, and activities related to oversight efforts conducted outside of the military departments with regard to major defense acquisition programs shall be implemented in a manner that does not unnecessarily increase program costs or impede program schedules.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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

10 U.S.C. § 2430 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1846(f)(8), Jan. 1, 2021, 134 Stat. 4251]

### Statutory Notes Section, added Pub. L. 100–26, § 7(b)(2)(A), Apr. 21, 1987, 101 Stat. 279; amended Pub. L. 102–484, div. A, title VIII, § 817(b), Oct. 23, 1992, 106 Stat. 2455; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 111–23, title II, § 206(b), May 22, 2009, 123 Stat. 1728; Pub. L. 113–291, div. A, title X, § 1071(f)(18), Dec. 19, 2014, 128 Stat. 3511; Pub. L. 114–92, div. A, title VIII, § 825(a), Nov. 25, 2015, 129 Stat. 907; Pub. L. 114–328, div. A, title VIII, §§ 807(b), 847(a), Dec. 23, 2016, 130 Stat. 2261, 2292; Pub. L. 115–91, div. A, title VIII, § 831, title X, § 1081(a)(38), Dec. 12, 2017, 131 Stat. 1467, 1596; Pub. L. 116–283, div. A, title XVIII, § 1846(c)(1), (d)(1), (f)(1), Jan. 1, 2021, 134 Stat. 4248–4250, defined major defense acquisition program. See sections 4201, 4202(a), and 4204 of this title. #### Effective Date of Repeal Repeal 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2430

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2432 — Renumbered § 4351]

### Statutory Notes #### Codification As originally enacted, Pub. L. 116–283, div. A, title XVIII, § 1849(b)–(k), Jan. 1, 2021, 134 Stat. 4259–4264, transferred individual subsecs. of this section to section 4350 et seq. of this title, and section 1849(l) of Pub. L. 116–283 subsequently repealed this section. Pub. L. 117–81, div. A, title XVII, § 1701(o)(1)–(5), Dec. 27, 2021, 135 Stat. 2146, 2147, amended section 1849 of Pub. L. 116–283, effective as if included therein, so that the individual transfers were eliminated and this section was transferred as a whole to [section 4351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351&num=0&edition=prelim). However, the repeal of this section by section 1849(l) (which was redesignated as section 1849(e)) of Pub. L. 116–283 was not eliminated and therefore could not be executed given the transfer of this section to [section 4351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2432

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4351 — Selected Acquisition Reports

**(a)** In this section: (1) The term “program acquisition unit cost”, with respect to a major defense acquisition program, means the amount equal to (A) the total cost for development and procurement of, and system-specific military construction for, the acquisition program, divided by (B) the number of fully-configured end items to be produced for the acquisition program. (2) The term “procurement unit cost”, with respect to a major defense acquisition program, means the amount equal to (A) the total of all funds programmed to be available for obligation for procurement for the program, divided by (B) the number of fully-configured end items to be procured. (3) The term “major contract”, with respect to a major defense acquisition program, means each of the six largest prime, associate, or Government-furnished equipment contracts under the program that is in excess of $40,000,000 and that is not a firm, fixed price contract. (4) The term “full life-cycle cost”, with respect to a major defense acquisition program, means all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control. **(b)** (1) The Secretary of Defense shall submit to Congress at the end of each fiscal-year quarter a report on current major defense acquisition programs and any program that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars) or an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,800,000,000 (based on fiscal year 1990 constant dollars). Except as provided in paragraphs (2) and (3), each such report s

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4351

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2271 — Management of space programs: joint program offices and officer management programs

**(a) Joint Program Offices.—** The Secretary of Defense shall take appropriate actions to ensure, to the maximum extent practicable, that space development and acquisition programs of the Department of Defense are carried out through joint program offices. **(b) Officer Management Programs.—** (1) The Secretary of Defense shall take appropriate actions to ensure, to the maximum extent practicable, that— (A) Army, Navy, and Marine Corps officers, as well as Air Force officers, are assigned to the space development and acquisition programs of the Department of Defense; and (B) Army, Navy, and Marine Corps officers, as well as Air Force officers, are eligible, on the basis of qualification, to hold leadership positions within the joint program offices referred to in subsection (a). (2) The Secretary of Defense shall designate those positions in the Office of the National Security Space Architect of the Department of Defense (or any successor office) that qualify as joint duty assignment positions for purposes of chapter 38 of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2271

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4204 — Milestone decision authority

Page 2697 TITLE 10—ARMED FORCES § 4204 Jan. 1, 2021, 134 Stat. 4251; Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(B)(ii), Dec. 27, 2021, 135 Stat. 2147.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1846(g)(2), substituted ‘‘this subpart’’ for ‘‘this chapter’’ wherever appearing. Pub. L. 116–283, § 1846(g), renumbered section 2430a of this title as this section. Subsec. (d). Pub. L. 116–283, § 1846(g)(1), as amended by Pub. L. 117–81, § 1701(o)(6)(B)(ii), substituted ‘‘section 4351(a)’’ for ‘‘section 2432(a)’’ in introductory provi- sions. 2016—Subsec. (a)(1)(B). Pub. L. 114–328, which directed substitution of ‘‘major defense acquisition program re- quires the delivery of two or more increments or blocks’’ for ‘‘major defense acquisition program to pur- chase satellites requires the delivery of satellites in two or more increments or blocks’’ in par. (1)(B), was executed by making the substitution in par. (1)(B) of subsec. (a), to reflect the probable intent of Congress. 2011—Subsec. (a)(1). Pub. L. 112–81 designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (b). Pub. L. 111–383 designated existing provi- sions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), inserted ‘‘(other than as provided in paragraph (2))’’ before semi- colon in subpar. (A), and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delaye

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4204

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