10 U.S.C. § 4211 — Acquisition strategy

Page 2708 TITLE 10—ARMED FORCES § 4211 VIII, § 834, Dec. 31, 2011, 125 Stat. 1506, directed the Sec- retary of Defense to issue, not later than 180 days after Jan. 7, 2011, comprehensive guidance on the manage- ment of manufacturing risk in major defense acquisi- tion programs and to ensure that the acquisition work- force chapter of the annual strategic workforce plan re- quired by former section 115b of this title included an assessment of the critical manufacturing readiness knowledge and skills needed in the acquisition work- force and a plan of action for addressing any gaps in such knowledge and skills. CONGRESSIONAL NOTIFICATION OF CANCELLATION OF MAJOR AUTOMATED INFORMATION SYSTEMS Pub. L. 109–163, div. A, title VIII, § 806, Jan. 6, 2006, 119 Stat. 3373, which required notification to the Commit- tees on Armed Services and Appropriations of the Sen- ate and the House of Representatives prior to cancella- tion of a major automated information system program that had been fielded or approved to be fielded or mak- ing a change that would significantly reduce the scope of such a program, was repealed by Pub. L. 118–159, div. A, title XVII, § 1701(g), Dec. 23, 2024, 138 Stat. 2207. § 4211. Acquisition strategy (a) ACQUISITION STRATEGY REQUIRED.—There shall be an acquisition strategy for each major defense acquisition program and each major sys- tem approved by a milestone decision authority. (b) RESPONSIBLE OFFICIAL.—For each acquisi- tion strategy required by subsection (a), the Under Secretary of Defense for Acquisition and Sustainment, or the milestone decision author- ity, when the milestone decision authority is the service acquisition executive of the military department that is managing the program, is re- sponsible for issuing and maintaining the re- quirements for— (1) the content of the strategy; and (2) the review and approval process for the strategy. (c) CONSIDERATIONS.—(1) In issuing require- ments for the content of an acquisition strategy for a major defense acquisition program or major system, the Under Secretary, or the mile- stone decision authority, when the milestone de- cision authority is the service acquisition execu- tive of the military department that is man- aging the program, shall ensure that— (A) the strategy clearly describes the pro- posed top-level business and technical man- agement approach for the program or system, in sufficient detail to allow the milestone de- cision authority to assess the viability of the proposed approach, the method of imple- menting laws and policies, and program objec- tives; (B) the strategy contains a clear explanation of how the strategy is designed to be imple- mented with available resources, such as time, funding, and management capacity; (C) the strategy is tailored to address pro- gram requirements and constraints; and (D) the strategy considers the items listed in paragraph (2). (2) Each strategy shall, where appropriate, consider the following: (A) An approach that delivers required capa- bility in increments, each depending on avail- able mature technology, and that recognizes up front the need for future capability im- provements. (B) Acquisition approach, including indus- trial base considerations in accordance with section 4820 of this title. (C) Risk management, including such meth- ods as competitive prototyping at the system, subsystem, or component level. (D) Business strategy, including measures to ensure competition at the system and sub- system level throughout the life-cycle of the program or system in accordance with section 4324 of this title. (E) Contracting strategy, including— (i) contract type and how the type selected relates to level of program risk in each ac- quisition phase; (ii) how the plans for the program or sys- tem to reduce risk enable the use of fixed- price elements in subsequent contracts and the timing of the use of those fixed price ele- ments; (iii) market research; and (iv) consideration of small business par- ticipation. (F) Intellectual property strategy in accord- ance with sections 3771 through 3775 of this title. (G) International involvement, including foreign military sales and cooperative oppor- tunities, in accordance with section 2350a of this title. (H) Multiyear procurement in accordance with section 3501 of this title. (I) Integration of current intelligence assess- ments into the acquisition process. (J) Requirements related to logistics, main- tenance, and sustainment in accordance with sections 2464 and 2466 of this title. (d) REVIEW.—(1) The milestone decision au- thority shall review and approve, as appropriate, the acquisition strategy for a major defense ac- quisition program or major system at each of the following times: (A) Milestone A approval. (B) The decision to release the request for proposals for development of the program or system. (C) Milestone B approval. (D) Each subsequent milestone. (E) Review of any decision to enter into full- rate production. (F) When there has been— (i) a significant change to the cost of the program or system; (ii) a critical change to the cost of the pro- gram or system; (iii) a significant change to the schedule of the program or system; or (iv) a significant change to the perform- ance of the program or system. (G) Any other time considered relevant by the milestone decision authority. (2) If the milestone decision authority revises an acquisition strategy for a program or system because of a change described in paragraph (1)(F), the milestone decision authority shall provide notice of the revision to the congres- sional defense committees. (e) DEFINITIONS.—In this section: (1) The term ‘‘Milestone A approval’’ means a decision to enter into technology matura- Page 2709 TITLE 10—ARMED FORCES § 4212 tion and risk reduction pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acqui- sition programs. (2) The term ‘‘Milestone B approval’’ has the meaning provided in section 4172(e)(7) of this title. (3) The term ‘‘milestone decision authority’’, with respect to a major defense acquisition program or major system, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or system, including authority to approve entry of the program or system into the next phase of the acquisition process. (4) The term ‘‘management capacity’’, with respect to a major defense acquisition pro- gram or major system, means the capacity to manage the program or system through the use of highly qualified organizations and per- sonnel with appropriate experience, knowl- edge, and skills. (5) The term ‘‘significant change to the cost’’, with respect to a major defense acquisi- tion program or major system, means a sig- nificant cost growth threshold, as that term is defined in section 4371(a)(2) of this title. (6) The term ‘‘critical change to the cost’’, with respect to a major defense acquisition program or major system, means a critical cost growth threshold, as that term is defined in section 4371(a)(3) of this title. (7) The term ‘‘significant change to the schedule’’, with respect to a major defense ac- quisition program or major system, means any schedule delay greater than six months in a reported event. (Added Pub. L. 114–92, div. A, title VIII, § 821(a)(1), Nov. 25, 2015, 129 Stat. 897, § 2431a; amended Pub. L. 114–328, div. A, title VIII, § 848, Dec. 23, 2016, 130 Stat. 2292; Pub. L. 115–91, div. A, title X, § 1081(a)(39), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–92, div. A, title IX, § 902(70), Dec. 20, 2019, 133 Stat. 1551; renumbered § 4211 and amend- ed Pub. L. 116–283, div. A, title XVIII, § 1847(b)(1), (2), Jan. 1, 2021, 134 Stat. 4253; Pub. L. 117–81, div. A, title XVII, § 1701(s)(1), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 118–159, div. A, title XVII, § 1701(a)(39), Dec. 23, 2024, 138 Stat. 2205.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159, § 1701(a)(39)(B), struck out ‘‘, each major automated information sys- tem,’’ after ‘‘defense acquisition program’’. Subsec. (c)(1). Pub. L. 118–159, § 1701(a)(39)(A), struck out ‘‘, major automated information system,’’ after ‘‘defense acquisition program’’ in introductory provi- sions. Subsec. (c)(2)(H). Pub. L. 118–159, § 1701(a)(39)(C), sub- stituted ‘‘section 3501 of this title’’ for ‘‘sections 3501 through 3511 of this title’’. Subsecs. (d), (e). Pub. L. 118–159, § 1701(a)(39)(A), struck out ‘‘, major automated information system,’’ after ‘‘defense acquisition program’’ wherever appear- ing. 2021—Pub. L. 116–283, § 1847(b)(1)(A), renumbered sec- tion 2431a of this title as this section. Subsec. (c)(2)(B). Pub. L. 116–283, § 1847(b)(2), formerly § 1847(b)(2)(B), as redesignated and amended by Pub. L. 117–81, § 1701(s)(1), substituted ‘‘section 4820 of this title’’ for ‘‘section 2440 of this title’’. Subsec. (c)(2)(D). Pub. L. 116–283, § 1847(b)(1)(B)(i)(I), substituted ‘‘section 4324’’ for ‘‘section 2337’’. Subsec. (c)(2)(F). Pub. L. 116–283, § 1847(b)(1)(B)(i)(II), substituted ‘‘sections 3771 through 3775’’ for ‘‘section 2320’’. Subsec. (c)(2)(H). Pub. L. 116–283, § 1847(b)(1)(B)(i)(III), substituted ‘‘sections 3501 through 3511’’ for ‘‘section 2306b’’. Subsec. (c)(3). Pub. L. 116–283, § 1847(b)(2)(A), which di- rected the transfer of section 2440 of this title to sub- sec. (c)(3) of this section and substitution of ‘‘section 4811’’ for ‘‘section 2501’’ in text, was repealed by Pub. L. 117–81, § 1701(s)(1)(A). Subsec. (e). Pub. L. 116–283, § 1847(b)(1)(C), which di- rected amendment of subsec. (e) by striking pars. (1) and (2) and redesignating pars. (3) to (10) as (1) to (8), respectively, was executed by striking pars. (1) and (2) and redesignating former pars. (3) to (9) as (1) to (7), re- spectively, to reflect the probable intent of Congress, as no par. (10) had been enacted. Prior to amendment, pars. (1) and (2) defined ‘‘major defense acquisition pro- gram’’ and ‘‘major system’’, respectively. Subsec. (e)(4). Pub. L. 116–283, § 1847(b)(1)(B)(ii)(I), sub- stituted ‘‘section 4172(e)(7)’’ for ‘‘section 2366(e)(7)’’. Subsec. (e)(7). Pub. L. 116–283, § 1847(b)(1)(B)(ii)(II), substituted ‘‘section 4371(a)(2)’’ for ‘‘section 2433(a)(4)’’. Subsec. (e)(8). Pub. L. 116–283, § 1847(b)(1)(B)(ii)(III), substituted ‘‘section 4371(a)(3)’’ for ‘‘section 2433(a)(5)’’. 2019—Subsec. (b). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’ in introductory provisions. 2017—Subsec. (d)(1). Pub. L. 115–91 inserted ‘‘(1)’’ be- fore ‘‘The milestone’’. 2016—Subsec. (b). Pub. L. 114–328, § 848(1), in introduc- tory provisions, inserted ‘‘, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military depart- ment that is managing the program,’’ after ‘‘the Under Secretary of Defense for Acquisition, Technology, and Logistics’’. Subsec. (c)(1). Pub. L. 114–328, § 848(2)(A), in introduc- tory provisions, inserted ‘‘, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military depart- ment that is managing the program,’’ after ‘‘the Under Secretary’’. Subsec. (c)(2)(C). Pub. L. 114–328, § 848(2)(B), struck out ‘‘, in accordance with section 2431b of this title’’ before period at end. Subsec. (d). Pub. L. 114–328, § 848(3), substituted ‘‘The’’ for ‘‘(1) Subject to the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics, the’’ and, in par. (2), in- serted ‘‘because of a change described in paragraph (1)(F)’’ after ‘‘for a program or system’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 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. § 4212. Risk management and mitigation in major defense acquisition programs and major sys- tems (a) REQUIREMENT.—The Secretary of Defense shall ensure that the initial acquisition strategy (required under section 4211 of this title) ap- proved by the milestone decision authority and any subsequent revisions include the following: