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10 U.S.C. § 4252 — Major defense acquisition programs: factors to be considered before Milestone B approval
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-4252-major-defense-acquisition-programs-factors-to-be-considered-before-miles--44d5d51d9a.md
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Source location: Title 10, Chapter 322, § 4252; chapter-322-major-systems-and-major-defense-acquisition-programs-generally.md
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**(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 procurement unit cost for the program or subprogram and the estimated date for initial operational capability for the baseline description for the program or subprogram (under [section 4214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4214&num=0&edition=prelim)) have been established.
(6) Funding is expected to be available to execute the product development and production plan for the program or subprogram, consistent with the estimates described in paragraph (4) for the program or subprogram.
(7) Appropriate market research has been conducted prior to technology development, including market research of commercial products, commercial services, and nondevelopmental items (as defined in [section 110 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section110&num=0&edition=prelim)).
(8) The Department of Defense has completed an analysis of alternatives with respect to the program or subprogram, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted.
(9) Life-cycle sustainment planning has identified and evaluated relevant sustainment cost elements, factors, risks, and gaps that are likely to drive readiness of the system as well as operating and supporting costs.
(10) An estimate has been made of the requirements for core logistics capabilities and the associated sustaining workloads required to support such requirements.
(11) The program or subprogram complies with all relevant policies, regulations, and directives of the Department of Defense.
(12) Appropriate actions are planned for the acquisition of technical data required to support the program or subprogram.
(13) The program or subprogram has an approved life cycle sustainment plan required under [section 4324(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324/b&num=0&edition=prelim).
(14) In the case of a naval vessel program or subprogram, such program or subprogram is in compliance with the requirements of [section 8669b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8669b&num=0&edition=prelim).
**(c) Written Record of Milestone Decision.—** The milestone decision authority shall issue a written record of decision at the time that Milestone B approval is granted. The record shall confirm compliance with subsection (b) and specifically state that the milestone decision authority considered the factors described in subsection (b) prior to the decision to grant milestone approval. The milestone decision authority shall retain records of the basis for the milestone decision.
**(d) Changes to Basis for Milestone Approval.—**
(1) The program manager for a major defense acquisition program that has received a written record of the milestone decision under subsection (c) shall immediately notify the milestone decision authority of any changes to the program or a designated major subprogram of such program that—
(A) alter the substantive basis for the decision of the milestone decision authority relating to any component of such decision specified in subsection (b); or
(B) otherwise cause the program or subprogram to deviate significantly from the material provided to the milestone decision authority in support of such decision.
(2) Upon receipt of information under paragraph (1), the milestone decision authority may rescind Milestone B approval if the milestone decision authority determines that such approval is no longer valid.
**(e) Submissions to Congress on Milestone B.—**
(1) **Notification.—** — Not later than 15 days after granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram 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.—**
(A) 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 B approval with respect to a major defense acquisition program or major subprogram, or further information or underlying documentation.
(B) The explanation or additional information shall be submitted in unclassified form, but may include a classified annex.
**(f) Definitions.—** In this section:
(1) The term “milestone decision authority”, with respect to a major defense acquisition program, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program, including authority to approve entry of the program into the next phase of the acquisition process.
(2) 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).
(3) The term “core logistics capabilities” means the core logistics capabilities identified under [section 2464(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2464/a&num=0&edition=prelim).
(4) 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).
(5) The term “written record of milestone decision”, with respect to a major defense acquisition program or a major subprogram, means a document signed by the milestone decision authority that formalizes approved entry of the program or subprogram into the next phase of the acquisition process.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “nondevelopmental item” means—
(1) a commercial product;
(2) a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement;
(3) an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or
(4) an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 110
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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)** There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carrying out the Secretary’s duties and responsibilities and to carry out such other duties as may be prescribed by law.
**(b)** The Office of the Secretary of Defense is composed of the following:
(1) The Deputy Secretary of Defense.
(2) Repealed. Pub. L. 116–283, div. A, title IX, § 901(a)(2)(A), Jan. 1, 2021, 134 Stat. 3794.]
(3) The Under Secretaries of Defense, as follows:
(A) The Under Secretary of Defense for Research and Engineering.
(B) The Under Secretary of Defense for Acquisition and Sustainment.
(C) The Under Secretary of Defense for Policy.
(D) The Under Secretary of Defense (Comptroller).
(E) The Under Secretary of Defense for Personnel and Readiness.
(F) The Under Secretary of Defense for Intelligence and Security.
(4) Other officers who are appointed by the President, by and with the advice and consent of the Senate, and who report directly to the Secretary and Deputy Secretary without intervening authority, as follows:
(A) The Director of Cost Assessment and Program Evaluation.
(B) The Director of Operational Test and Evaluation.
(C) The General Counsel of the Department of Defense.
(D) The Inspector General of the Department of Defense.
(5) The Chief Information Officer of the Department of Defense, who reports directly to the Secretary and Deputy Secretary without intervening authority.
(6) The Deputy Under Secretaries of Defense.
(7) The Assistant Secretaries of Defense.
(8) Other officials provided for by law, as follows:
(A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under [section 139a(c) of this t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 131
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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
### 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
**(a) Senior Technical Authority.—**
(1) **Designation for each vessel class required.—** — The Secretary of the Navy shall designate, in writing, a Senior Technical Authority for each class of naval vessels as follows:
(A) In the case of a class of vessels which has received Milestone A approval, an approval to enter into technology maturation and risk reduction, or an approval to enter into a subsequent Department of Defense or Department of the Navy acquisition phase as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, not later than 30 days after such date of enactment.
(B) In the case of any class of vessels which has not received any approval described in subparagraph (A) as of such date of enactment, at or before the first of such approvals.
(2) **Individuals eligible for designation.—** — Each individual designated as a Senior Technical Authority under paragraph (1) shall be an employee of the Navy in the Senior Executive Service in an organization of the Navy that—
(A) possesses the technical expertise required to carry out the responsibilities specified in subsection (b); and
(B) reports directly to the portfolio acquisition executive, established under [section 1732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1732&num=0&edition=prelim).
(3) **Term.—** — Each Senior Technical Authority shall be designated for a fixed term, not shorter than the time anticipated to establish demonstrated successful performance of the class of vessels concerned in accordance with its approved capabilities document, as determined by the Secretary at the time of designation.
(4) **Voluntary departure.—** — If an individual designated as a Senior Technical Authority voluntarily
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8669b
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4251
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Baseline Description Requirement.—**
(1) The Secretary of a military department shall establish a baseline description for each major defense acquisition program and for each designated major subprogram under the program under the jurisdiction of such Secretary.
(2) The baseline shall include sufficient parameters to describe the cost estimate (referred to as the “Baseline Estimate” in sections 4371 through 4375 of this title), schedule, performance, supportability, and any other factor of such major defense acquisition program or designated major subprogram.
**(b) Funding Limit.—** No amount appropriated or otherwise made available to the Department of Defense for carrying out a major defense acquisition program or any designated major subprogram under the program may be obligated after the program or subprogram enters system development and demonstration without an approved baseline description unless such obligation is specifically approved by the Under Secretary of Defense for Acquisition and Sustainment.
**(c) Schedule.—** A baseline description for a major defense acquisition program or any designated major subprogram under the program shall be prepared under this section—
(1) before the program or subprogram enters system development and demonstration;
(2) before the program or subprogram enters production and deployment; and
(3) before the program or subprogram enters full rate production.
**(d) Original Baseline Estimate.—**
(1) In this subpart, the term “original Baseline Estimate”, with respect to a major defense acquisition program or any designated major subprogram under the program, means the baseline description established with respect to the program or subprogram under subsection (a) prepared before the program or subprogram enters system
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4214
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Performance of Certain Acquisition-related Functions.—** The Secretary of Defense shall ensure that the service chiefs assist the Secretary of the military department concerned, in accordance with the objectives established pursuant to [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3102&num=0&edition=prelim), in the performance of the following acquisition-related functions of such department:
(1) The development of capability requirement statements for equipping the armed force concerned that—
(A) describes the operational problem to provide necessary context for the capability requirement;
(B) proposes nonprescriptive solutions to operational problems; and
(C) ensures system interoperability, where appropriate, between and among joint military capabilities (as defined in [section 181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section181&num=0&edition=prelim)).
(2) Implement strategies to support timely adjustments to capability requirement statements developed in paragraph (1).
(3) Advise on trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to maximize best value for the end user.
(4) In consultation with the Joint Requirements Oversight Council, prioritize—
(A) capability needs for investment; and
(B) resource allocation to meet operational readiness requirements (as defined in [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim)) and the materiel readiness objectives established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3104
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