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10 U.S.C. § 2432 — Renumbered § 4351]
Federal law — U.S. Code and appendices · legal_authorities
### 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As originally enacted, Pub.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 L. 116–283 subsequently repealed this section.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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Stable record: federal_law:legal_authorities:record_usc_a2a2b6487ead30084cda3974
Source file: Laws/federal/codes/united-states-code/title-10/section-2432-renumbered-4351--e709a3920c.md
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Passage SHA-256: a9fef952c62d43f7e463acd694e164c809d899840b0fcf20f377542c42d9e092
Source location: Title 10, Chapter [CHAPTER 144, § 2432; chapter-chapter-144-chapter-chapter-144.md
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### 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As originally enacted, Pub.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 L. 116–283 subsequently repealed this section.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).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4204
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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 1927
TITLE 10—ARMED FORCES
[§ 2433
facility of the Navy Resale and Services Support
Office that began operating before October 1,
1989.
(Added Pub. L. 101–189, div. A, title III, § 323(a),
Nov. 29, 1989, 103 Stat. 1414.)
§ 2424. Procurement of supplies and services
from exchange stores outside the United
States
(a) AUTHORITY.—The Secretary of Defense may
authorize an element of the Department of De-
fense to enter into a contract (through the use
of procedures other than competitive proce-
dures) with an exchange store operated under
the jurisdiction of the Secretary of a military
department outside the United States to procure
supplies or services for use by the armed forces
outside the United States.
(b) LIMITATIONS.—(1) A contract may not be
entered into under subsection (a) in an amount
in excess of $100,000.
(2) Supplies provided under a contract entered
into under subsection (a) shall be provided from
the stocks of the exchange store on hand as of
the date the contract is entered into with that
exchange store.
(3) A contract entered into with an exchange
store under subsection (a) may not provide for
the procurement of services not regularly pro-
vided by that exchange store.
(c) EXCEPTION.—Paragraphs (1) and (2) of sub-
section (b) do not apply to contracts for the pro-
curement of soft drinks that are manufactured
in the United States. The Secretary of Defense
shall prescribe in regulations the standards and
procedures for determining whether a particular
beverage is a soft drink and whether the bev-
erage was manufactured in the United States.
(Added Pub. L. 101–189, div. A, title III, § 324(a),
Nov. 29, 1989, 103 Stat. 1414; amended Pub. L.
103–355, title III, § 3066, Oct. 13, 1994, 108 Stat.
3337; Pub. L. 104–106, div. D
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2432
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