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10 U.S.C. § 2430 — Repealed.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

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10 U.S.C. § 2430 — Repealed.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).

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Source location: Title 10, Chapter [CHAPTER 144, § 2430; chapter-chapter-144-chapter-chapter-144.md

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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).

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10 U.S.C. § 139 — Director of Operational Test and Evaluation

**(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

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10 U.S.C. § 1706 — Government performance of certain acquisition functions

**(a) Goal.—** It shall be the goal of the Department of Defense and each of the military departments to ensure that, for each 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)), each acquisition program that is estimated by the Secretary of Defense to require an eventual total expenditure greater than the amount described in [section 4201(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201/a/2&num=0&edition=prelim), and any other acquisition program identified by the Secretary, each of the following positions is performed by a properly qualified member of the armed forces or full-time employee of the Department of Defense: (1) Portfolio acquisition executive. (2) Deputy portfolio acquisition executive. (3) Program manager. (4) Deputy program manager. (5) Senior contracting official. (6) Chief developmental tester. (7) Program lead product support manager. (8) Program lead systems engineer. (9) Program lead cost estimator. (10) Program lead contracting officer. (11) Program lead business financial manager. (12) Program lead production, quality, and manufacturing. (13) Program lead information technology. (14) Program lead software. **(b) Plan of Action.—** The Secretary of Defense shall develop and implement a plan of action for recruiting, training, and ensuring appropriate career development of military and civilian personnel to achieve the objective established in subsection (a).

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10 U.S.C. § 1722b — Special requirements for civilian employees in the acquisition field

**(a) Requirement for Policy and Guidance Regarding Civilian Personnel in Acquisition.—** The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish policies and issue guidance to ensure the proper development, assignment, and employment of civilian members of the acquisition workforce to achieve the objectives specified in subsection (b). **(b) Objectives.—** Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following: (1) A career path in the acquisition field that attracts the highest quality civilian personnel, from either within or outside the Federal Government. (2) A deliberate workforce development strategy that increases attainment of key experiences that contribute to a highly qualified acquisition workforce. (3) Sufficient opportunities for promotion and advancement in the acquisition field. (4) A sufficient number of qualified, trained members eligible for and active in the acquisition field to ensure adequate capacity, capability, and effective succession for acquisition functions, including contingency contracting, of the Department of Defense. (5) A deliberate workforce development strategy that ensures diversity in promotion, advancement, and experiential opportunities commensurate with the general workforce outlined in this section. **(c) Key Work Experiences.—** In carrying out subsection (b)(2), the Secretary shall ensure that key work experiences, in the form of multidisciplinary experiences, are developed for each acquisition workforce career field.

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10 U.S.C. § 1741 — Policies and programs: establishment and implementation

**(a) Policies and Procedures.—** The Secretary of Defense shall establish policies and procedures for the establishment and implementation of the education and training programs authorized by this subchapter. **(b) Funding Levels.—** The Under Secretary of Defense for Acquisition and Sustainment each year shall recommend to the Secretary of Defense the funding levels to be requested in the defense budget to implement the education and training programs under this subchapter. The Secretary of Defense shall set forth separately the funding levels requested for such programs in the Department of Defense budget justification documents submitted in support of the President’s budget submitted to Congress under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim). **(c) Programs.—** The Secretary of each military department, acting through the service acquisition executive for that department, shall establish and implement the education and training programs authorized by this subchapter. In carrying out such requirement, the Secretary concerned shall ensure that such programs are established and implemented throughout the military department concerned and, to the maximum extent practicable, uniformly with the programs of the other military departments.

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10 U.S.C. § 3105 — Elements of the defense acquisition system: performance assessments

**(a) Performance Assessments Required.—** The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, the Director of Procurement and Acquisition Policy, and the Director of the Office of Performance Assessment and Root Cause Analysis, shall issue guidance, with detailed implementation instructions, for the Department of Defense to provide for periodic independent performance assessments of elements of the defense acquisition system for the purpose of— (1) determining the extent to which such elements of the defense acquisition system deliver value to the Department of Defense, taking into consideration the performance elements identified in subsection (b); (2) assisting senior officials of the Department of Defense in identifying and developing lessons learned from best practices and shortcomings in the performance of such elements of the defense acquisition system; and (3) assisting senior officials of the Department of Defense in developing acquisition workforce excellence under [section 1701a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1701a&num=0&edition=prelim). **(b) Areas Considered in Performance Assessments.—** (1) Each performance assessment conducted pursuant to subsection (a) shall consider, at a minimum— (A) the extent to which acquisitions conducted by the element of the defense acquisition system under review meet applicable cost, schedule, and performance objectives; and (B) the staffing and quality of the acquisition workforce and the effectiveness of the management of the acquisition workforce, including workforce incentives and career paths. (2) The Secretary of Defense shall ensure that the performance assessments required by this section are app

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10 U.S.C. § 4171 — Operational test and evaluation of defense acquisition programs

**(a) Condition for Proceeding Beyond Low-rate Initial Production.—** (1) The Secretary of Defense shall provide that a covered major defense acquisition program, a covered designated major subprogram, or an element of the ballistic missile defense system may not proceed beyond low-rate initial production until initial operational test and evaluation of the program, subprogram, or element is completed. (2) In this subsection: (A) The term “covered major defense acquisition program” means a major defense acquisition program that involves the acquisition of a weapon system that is a major system. (B) The term “covered designated major subprogram” means a major subprogram designated under [section 4203(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4203/a/1&num=0&edition=prelim) that is a major subprogram of a covered major defense acquisition program. **(b) Operational Test and Evaluation.—** (1) Operational testing of a major defense acquisition program may not be conducted until the Director of Operational Test and Evaluation of the Department of Defense approves (in writing) the adequacy of the plans (including the projected level of funding) for operational test and evaluation to be conducted in connection with that program. (2) The Director shall analyze the results of the operational test and evaluation conducted for each major defense acquisition program. At the conclusion of such testing, the Director shall prepare a report stating— (A) the opinion of the Director as to— (i) whether the test and evaluation performed were adequate; and (ii) whether the results of such test and evaluation confirm that the items or components actually tested are effective and suitable for combat; and (B) add

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

10 U.S.C. § 4201 — Major defense acquisition programs: definition; exceptions

**(a) Definition.—** Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and— (1) that is designated by the Secretary of Defense as a major defense acquisition program; or (2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require— (A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or (B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars). **(b) Exceptions.—** In this part, the term “major defense acquisition program” does not include the following: (1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3602&num=0&edition=prelim). (2) An acquisition program for a defense business system (as defined in [section 2222(i)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222/i/1&num=0&edition=prelim)) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; [10 U.S.C. 2223a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2223a&num=0&edition=prelim) note).11 See References in

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10 U.S.C. § 4202 — Authority to increase definitional threshold amounts: major defense acquisition programs; major systems

**(a) Adjustments to Thresholds for Major Defense Acquisition Programs.—** (1) **Authority.—** — The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in [section 4201(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201/a/2&num=0&edition=prelim) on the basis of Department of Defense escalation rates. (2) **Matters to be considered.—** — For purposes of [section 4201(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201/a/2&num=0&edition=prelim), the Secretary shall consider, as applicable, the following: (A) The estimated level of resources required to fulfill the relevant joint military requirement, as determined by the Joint Requirements Oversight Council pursuant to [section 181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section181&num=0&edition=prelim). (B) The cost estimate referred to in [section 4251(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4251/a/6&num=0&edition=prelim). (C) The cost estimate referred to in [section 4252(a)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4252/a/1/C&num=0&edition=prelim). (D) The cost estimate within a baseline description as required by [section 4214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4214&num=0&edition=prelim). **(b) Adjustment Authority for Major Systems.—** (1) **Authority.—** — The Secretary of Defense may adjust the amounts and the base fiscal year provided in [section 3041(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041/c/1&num=0&

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

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

**(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 departmen

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