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10 U.S.C. § 4251 — Major defense acquisition programs: factors to be considered before Milestone A approval
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-4251-major-defense-acquisition-programs-factors-to-be-considered-before-miles--5d42dbcb5b.md
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Source location: Title 10, Chapter 322, § 4251; chapter-322-major-systems-and-major-defense-acquisition-programs-generally.md
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**(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 subprogram meets any other considerations the milestone decision authority considers relevant.
**(c) Written Record of a Milestone Decision.—** The milestone decision authority shall issue a written record of a milestone decision at the time that Milestone A approval is granted. The record shall confirm compliance with subsection (b) and specifically state that the milestone decision authority considered the factors described in such subsection prior to the decision to grant milestone approval. The milestone decision authority shall retain records of the basis for the milestone decision.
**(d) Submissions to Congress on Milestone A.—**
(1) **Notification.—** — Not later than 15 days after granting Milestone A 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 written record of the milestone decision.
(2) **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 an explanation of the basis for the decision to grant Milestone A approval with respect to a major defense acquisition program or major subprogram, and make available all underlying documentation.
**(e) Definitions.—** In this section:
(1) The term “requirements document” means any capabilities requirement document that establishes the need for a materiel approach to resolve a capability gap.
(2) The term “Milestone A approval” means a decision to enter into technology maturation and risk reduction pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.
(3) The term “Milestone B approval” has the meaning provided that term in [section 4172(e)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4172/e/7&num=0&edition=prelim).
(4) The term “milestone decision authority”, with respect to a major defense acquisition program or a major subprogram, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or subprogram, including authority to approve entry of the program or subprogram into the next phase of the acquisition process.
(5) 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
### 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
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Review Required.—** Upon submission of each national defense strategy under [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim), the Secretary of Defense shall conduct a comprehensive review of the sustainment and logistics requirements necessary to support the force structure, force modernization, infrastructure, force deployment capabilities, response to risks to military installation resilience, and other elements of the defense program and policies of the United States during the subsequent 5-, 10-, and 25-year periods. Each such review shall be known as the ‘National Defense Sustainment and Logistics Review’. Each such review shall be conducted in consultation with the Secretaries of the military departments, the Chiefs of Staff of the Armed Forces, all functional and geographic combatant commanders, and the Director of the Defense Logistics Agency.
**(b) Report to Congress.—**
(1) Not later than the first Monday in February of the year following the fiscal year during which the National Defense Strategy was submitted under [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim), the Secretary shall submit to the congressional defense committees a report on the review required by subsection (a). Each such report shall include each of the following:
(A) An assessment of the strategic, operational, and tactical maritime logistics force (including non-military assets provided by Military Sealift Command, the Maritime Administration, and through the Voluntary Intermodal Sealift Agreement and Voluntary Tanker Agreement) required to support sealift, at sea logistics, and over-the-shore logistics of fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 118b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for Sustaining Existing Forces.—**
(1) The Secretary of Defense shall require that, whenever a new major defense acquisition program begins development, the defense acquisition authority responsible for that program shall develop a plan (to be known as a “sustainment plan”) for the existing system that the system under development is intended to replace. Any such sustainment plan shall provide for an appropriate level of budgeting for sustaining the existing system until the replacement system to be developed under the major defense acquisition program is fielded and assumes the majority of responsibility for the mission of the existing system. This section does not apply to a major defense acquisition that reaches initial operational capability before October 1, 2008.
(2) In this section, the term “defense acquisition authority” means the Secretary of a military department or the commander of the United States Special Operations Command.
**(b) Sustainment Plan.—** The Secretary of Defense shall require that each sustainment plan under this section include, at a minimum, the following:
(1) The milestone schedule for the development of the major defense acquisition program, including the scheduled dates for low-rate initial production, initial operational capability, full-rate production, and full operational capability and the date as of when the replacement system is scheduled to assume the majority of responsibility for the mission of the existing system.
(2) An analysis of the existing system to assess the following:
(A) Anticipated funding levels necessary to—
(i) ensure acceptable reliability and availability rates for the existing system; and
(ii) maintain mission capability of the existing system against the relevant threats.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4321
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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
**(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
**(a) Establishment of Requirements.—** Before a major satellite acquisition program achieves Milestone A approval, or equivalent, the Chief of Staff of the Space Force, in consultation with the Commander of the United States Space Command, shall establish requirements for the defense and resilience of the satellites under that program against the capabilities of adversaries to target, degrade, or destroy the satellites.
**(b) Definitions.—** In this section:
(1) The term “major satellite acquisition program” has the meaning given that term in [section 2275 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2275&num=0&edition=prelim).
(2) The term “Milestone A approval” has the meaning given that term in [section 4251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4251&num=0&edition=prelim) 10.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2275a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In this chapter, the term “depot-level maintenance and repair” means (except as provided in subsection (b)) material maintenance or repair requiring the overhaul, upgrading, or rebuilding of parts, assemblies, or subassemblies, and the testing and reclamation of equipment as necessary, regardless of the source of funds for the maintenance or repair or the location at which the maintenance or repair is performed. The term includes (1) all aspects of software maintenance classified by the Department of Defense as of July 1, 1995, as depot-level maintenance and repair, and (2) interim contractor support or contractor logistics support (or any similar contractor support), to the extent that such support is for the performance of services described in the preceding sentence.
**(b) Exceptions.—**
(1) The term does not include the procurement of major modifications or upgrades of weapon systems that are designed to improve program performance or the nuclear refueling or defueling of an aircraft carrier and any concurrent complex overhaul. A major upgrade program covered by this exception could continue to be performed by private or public sector activities.
(2) The term also does not include the procurement of parts for safety modifications. However, the term does include the installation of parts for that purpose.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2460
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Necessity for Core Logistics Capabilities.—**
(1) It is essential for the national defense that the Department of Defense maintain a core logistics capability that is Government-owned and Government-operated (including Government personnel and Government-owned and Government-operated equipment and facilities) to ensure a ready and controlled source of technical competence and resources necessary to ensure effective and timely response to a mobilization, national defense contingency situations, and other emergency requirements.
(2) The Secretary of Defense shall identify the core logistics capabilities described in paragraph (1) and the workload required to maintain those capabilities.
(3) The core logistics capabilities identified under paragraphs (1) and (2) shall include those capabilities that are necessary to maintain and repair the weapon systems and other military equipment (including mission-essential weapon systems or materiel not later than four years after achieving initial operational capability, but excluding systems and equipment under special access programs, nuclear aircraft carriers, and commercial products or commercial services described in paragraph (5)) that are identified by the Secretary, in consultation with the Chairman of the Joint Chiefs of Staff, as necessary to enable the armed forces to fulfill the strategic and contingency plans prepared by the Chairman of the Joint Chiefs of Staff under [section 153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section153/a&num=0&edition=prelim).
(4) The Secretary of Defense shall require the performance of core logistics workloads necessary to maintain the core logistics capabilities identified under paragraphs (1), (2), and (3) at Government-owned, Gover
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2464
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