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10 U.S.C. § 4253 — Major defense acquisition programs: submissions to Congress on Milestone C
Federal law — U.S. Code and appendices · legal_authorities
**(a) Brief Summary Report.—** Not later than 15 days after granting Milestone C approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a brief summary report that contains the following:
(1) The estimated cost and schedule for the program established by the military department concerned, including—
(A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and
(B) the planned dates for initial operational test and evaluation and initial operational capability.
(2) The independent estimated cost for the program established pursuant to [section 3221(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221/b/6&num=0&edition=prelim), and any independent estimated schedule for the program, including—
(A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and
(B) the planned dates for initial operational test and evaluation and initial operational capability.
(3) A summary of any production, manufacturing, and fielding risks associated with the program.
(4) An assessment of the sufficiency of the developmental test and evaluation completed, including the use of automated data analytics or modeling and simulation tools and methodologies.
**(b) Additional Information.—** At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision author
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Source location: Title 10, Chapter 322, § 4253; chapter-322-major-systems-and-major-defense-acquisition-programs-generally.md
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**(a) Brief Summary Report.—** Not later than 15 days after granting Milestone C approval for a major defense acquisition program, the milestone decision authority for the program shall provide to the congressional defense committees and, in the case of intelligence or intelligence-related activities, the congressional intelligence committees a brief summary report that contains the following:
(1) The estimated cost and schedule for the program established by the military department concerned, including—
(A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and
(B) the planned dates for initial operational test and evaluation and initial operational capability.
(2) The independent estimated cost for the program established pursuant to [section 3221(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221/b/6&num=0&edition=prelim), and any independent estimated schedule for the program, including—
(A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and
(B) the planned dates for initial operational test and evaluation and initial operational capability.
(3) A summary of any production, manufacturing, and fielding risks associated with the program.
(4) An assessment of the sufficiency of the developmental test and evaluation completed, including the use of automated data analytics or modeling and simulation tools and methodologies.
**(b) Additional Information.—** At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee further information or underlying documentation for the information in a brief summary report submitted under subsection (a), including the independent cost and schedule estimates and the independent technical risk assessments referred to in that subsection.
**(c) Congressional Intelligence Committees Defined.—** In this section, the term “congressional intelligence committees” has the meaning given that term in [section 437(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section437/c&num=0&edition=prelim).
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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
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2366c
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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 2724
TITLE 10—ARMED FORCES
§ 4253
‘‘(iv) the risks of developmental test and produc-
tion concurrency; and
‘‘(v) the developmental test criteria for entering
the production phase; and
‘‘(B) for the sufficiency assessment required by sec-
tion 2366c(a)(4) of such title [now 10 U.S.C. 4253(a)(4)],
that the assessment address—
‘‘(i) the sufficiency of the developmental test and
evaluation completed;
‘‘(ii) the sufficiency of the plans and resources
available for remaining developmental test and
evaluation;
‘‘(iii) the risks identified during developmental
testing to the production and deployment phase;
‘‘(iv) the sufficiency of the plans and resources for
remaining developmental test and evaluation; and
‘‘(v) the readiness of the system to perform sched-
uled initial operational test and evaluation.’’
MILESTONE B DECISIONS
Pub. L. 114–92, div. A, title VIII, § 802(d)(3), Nov. 25,
2015, 129 Stat. 880, provided that: ‘‘The Chief of the
Armed Force concerned shall advise the milestone deci-
sion authority for a major defense acquisition program
of the Chief’s views on cost, schedule, technical feasi-
bility, and performance trade-offs that have been made
with regard to the program, as provided in section
2366b(b)(3) of title 10, United States Code [now 10 U.S.C.
4252(b)(3)], as amended by section 824 of this Act, prior
to a Milestone B decision on the program.’’
FORMAL REVIEW PROCESS FOR BANDWIDTH
REQUIREMENTS
Pub. L. 110–417, [div. A], title X, § 1047(d), Oct. 14, 2008,
122 Stat. 4603, as amended by Pub. L. 111–84, div. A, title
X, § 1033, Oct. 28, 2009, 123 Stat. 2449; Pub. L. 115–232, div.
A, title VIII, § 813(c), Aug. 13, 2018, 132 Stat. 1851, pro-
vided that: ‘‘The Secretary of Defense and the Director
of National Intelligence shall, as pa
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4253
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