10 U.S.C. § 8669b — Senior Technical Authority for each

Page 3324 TITLE 10—ARMED FORCES § 8669b (Added Pub. L. 97–295, § 1(48)(A), Oct. 12, 1982, 96 Stat. 1298, § 7299a; amended Pub. L. 99–661, div. A, title XII, § 1201(a), Nov. 14, 1986, 100 Stat. 3967; Pub. L. 100–180, div. A, title XI, § 1101, Dec. 4, 1987, 101 Stat. 1145; Pub. L. 101–510, div. A, title XIV, § 1422, Nov. 5, 1990, 104 Stat. 1682; Pub. L. 102–484, div. A, title X, § 1016, Oct. 23, 1992, 106 Stat. 2485; Pub. L. 114–328, div. A, title X, § 1021, Dec. 23, 2016, 130 Stat. 2388; renumbered § 8669a, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 118–159, div. A, title X, § 1023(a), Dec. 23, 2024, 138 Stat. 2052.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7299a ....... 10:7291 (note). June 11, 1965, Pub. L. 89–37, §§ 302, 303, 79 Stat. 128. In subsection (a), the words ‘‘combatant vessels’’ are substituted for ‘‘warships’’ for consistency in title 10 and because of 1:3. The words ‘‘for which appropriations are authorized by this Act and hereafter’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2024—Subsec. (c)(4). Pub. L. 118–159 substituted ‘‘12 months’’ for ‘‘10 months’’. 2018—Pub. L. 115–232 renumbered section 7299a of this title as this section. 2016—Subsec. (c)(4). Pub. L. 114–328 substituted ‘‘10 months’’ for ‘‘six months’’. 1992—Subsec. (a). Pub. L. 102–484, § 1016(a), (b)(1), re- designated subsec. (b) as (a) and struck out former sub- sec. (a) which read as follows: ‘‘The distribution of as- signments and contracts for the construction of com- batant vessels and escort vessels is subject to the Act of March 27, 1934 (ch. 95, 48 Stat. 503), requiring that the first and each succeeding alternate vessel be con- structed in a Navy yard. However, the President may direct that a vessel be constructed in a Navy or private yard if the requirement of this subsection is incon- sistent with the public interest.’’ Subsec. (b). Pub. L. 102–484, § 1016(b)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a). Subsecs. (c), (d). Pub. L. 102–484, § 1016(b), redesig- nated subsec. (d) as (c) and substituted ‘‘subsection (a)’’ for ‘‘subsection (b)’’ in par. (2). Former subsec. (c) re- designated (b). 1990—Subsec. (d)(3). Pub. L. 101–510 substituted ‘‘apply in the case of voyage repairs.’’ for ‘‘apply— ‘‘(A) in the case of voyage repairs; or ‘‘(B) in the case of a vessel that is assigned to the Naval Reserve force and homeported on the West Coast of the United States.’’ 1987—Subsec. (d). Pub. L. 100–180 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘(1) Notwithstanding subsections (b) and (c), the Sec- retary may award a contract for short-term work for the overhaul, repair, or maintenance of a naval vessel only to a contractor that is able to perform the work at the homeport of the vessel, if the Secretary deter- mines that adequate competition is available among firms able to perform the work at the homeport of the vessel. ‘‘(2) In this subsection, the term ‘short-term work’ means work that will be for a period of six months or less.’’ 1986—Subsecs. (c), (d). Pub. L. 99–661 added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. Executive Documents DELEGATION OF AUTHORITY For delegation of authority of President under sub- sec. (a) of this section, see section 2 of Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 27401, set out as a note under section 113 of this title. § 8669b. Senior Technical Authority for each naval vessel class (a) SENIOR TECHNICAL AUTHORITY.— (1) DESIGNATION FOR EACH VESSEL CLASS RE- QUIRED.—The Secretary of the Navy shall des- ignate, in writing, a Senior Technical Author- ity for each class of naval vessels as follows: (A) In the case of a class of vessels which has received Milestone A approval, an ap- proval 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 de- scribed 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 Tech- nical Authority under paragraph (1) shall be an employee of the Navy in the Senior Execu- tive Service in an organization of the Navy that— (A) possesses the technical expertise re- quired to carry out the responsibilities spec- ified in subsection (b); and (B) operates independently of chains-of- command for acquisition program manage- ment. (3) TERM.—Each Senior Technical Authority shall be designated for a fixed term, not short- er than the time anticipated to establish dem- onstrated successful performance of the class of vessels concerned in accordance with its ap- proved 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 departs the position before dem- onstrated successful performance of the class of vessels concerned, the Secretary shall des- ignate, in writing, a replacement, and shall notify, in writing, the congressional defense committees not later than 90 days after such departure. (5) REMOVAL.—An individual may be re- moved involuntarily from designation as a Senior Technical Authority only by the Sec- retary. Not later than 15 days after the invol- untary removal of an individual from such designation, the Secretary shall notify, in writing, the congressional defense committees of the removal, including the reasons for the removal. Not later than 90 days after the in- Page 3325 TITLE 10—ARMED FORCES § 8669b voluntary removal, the Secretary shall des- ignate, in writing, a replacement, and shall notify, in writing, the congressional defense committees of such designation. (6) REASSIGNMENT FOR MISSION NEEDS.—Sub- ject to paragraphs (4) and (5), the Secretary may reassign a Senior Technical Authority or remove an individual from designation as a Senior Technical Authority in furtherance of Department of the Navy mission needs. (b) RESPONSIBILITIES AND AUTHORITY.—Each Senior Technical Authority shall be responsible for, and have the authority to, establish, mon- itor, and approve technical standards, tools, and processes for the class of naval vessels for which designated under this section in conformance with applicable laws and Department of Defense and Department of the Navy policies, require- ments, architectures, and standards. (c) LIMITATION ON OBLIGATION OF FUNDS ON LEAD VESSEL IN VESSEL CLASS.— (1) IN GENERAL.—On or after January 1, 2021, funds authorized to be appropriated for Ship- building and Conversion, Navy or Other Pro- curement, Navy may not be obligated for the first time on the lead vessel in a class of naval vessels unless the Secretary of the Navy cer- tifies as described in paragraph (2). (2) CERTIFICATION ELEMENTS.—The certifi- cation on a class of naval vessels described in this paragraph is a certification containing each of the following: (A) The name or names of the individual or individuals designated as the Senior Tech- nical Authority for such class of vessels, and the qualifications and professional biog- raphy or biographies of the individual or in- dividuals so designated. (B) A description by the Senior Technical Authority of the systems engineering, tech- nology, and ship integration risks for such class of vessels. (C) The designation by the Senior Tech- nical Authority of each critical hull, me- chanical, electrical, propulsion, and combat system of such class of vessels, including systems relating to power generation, power distribution, and key operational mission areas. (D) The date on which the Senior Tech- nical Authority approved the systems engi- neering, engineering development, and land- based engineering and testing plans for such class of vessels. (E) A description by the Senior Technical Authority of the key technical knowledge objectives and demonstrated system per- formance of each plan approved as described in subparagraph (D). (F) A determination by the Senior Tech- nical Authority that such plans are suffi- cient to achieve thorough technical knowl- edge of critical systems of such class of ves- sels before the start of detail design and con- struction. (G) A determination by the Senior Tech- nical Authority that actual execution of ac- tivities in support of such plans as of the date of the certification have been and con- tinue to be effective and supportive of the acquisition schedule for such class of ves- sels. (H) A description by the Senior Technical Authority of other technology maturation and risk reduction efforts not included in such plans for such class of vessels taken as of the date of the certification. (I) A certification by the Senior Technical Authority that each critical system covered by subparagraph (C) has been demonstrated through testing of a prototype or identical component in its final form, fit, and func- tion in a realistic environment. (J) A determination by the Secretary that the plans approved as described in subpara- graph (D) are fully funded and will be fully funded in the future-years defense program for the fiscal year beginning in the year in which the certification is submitted. (K) A determination by the Secretary that the Senior Technical Authority will ap- prove, in writing, the ship specification for such class of vessels before the request for proposals for detail design, construction, or both, as applicable, is released. (3) DEADLINE FOR SUBMITTAL OF CERTIFI- CATION.—The certification required by this subsection with respect to a class of naval ves- sels shall be submitted, in writing, to the con- gressional defense committees not fewer than 30 days before the Secretary obligates for the first time funds authorized to be appropriated for Shipbuilding and Conversion, Navy or Other Procurement, Navy for the lead vessel in such class of naval vessels. (d) DEFINITIONS.—In this section: (1) The term ‘‘class of naval vessels’’— (A) means any group of similar undersea or surface craft procured with Shipbuilding and Conversion, Navy or Other Procurement, Navy funds, including manned, unmanned, and optionally-manned craft; and (B) includes— (i) a substantially new class of craft (in- cluding craft procured using ‘‘new start’’ procurement); and (ii) a class of craft undergoing a signifi- cant incremental change in its existing class (such as a next ‘‘flight’’ of destroyers or next ‘‘block’’ of attack submarines). (2) The term ‘‘future-years defense program’’ has the meaning given that term in section 221 of this title. (3) The term ‘‘Milestone A approval’’ has the meaning given that term in section 4211 of this title. (Added Pub. L. 116–92, div. A, title X, § 1034(a), Dec. 20, 2019, 133 Stat. 1580; amended Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 and such date of enactment, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019. AMENDMENTS 2021—Subsec. (d)(3). Pub. L. 116–283 substituted ‘‘sec- tion 4211’’ for ‘‘section 2431a’’. Page 3326 TITLE 10—ARMED FORCES § 8669c Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1883(b)(2) of Pub. L. 116–283 ef- fective Jan. 1, 2022, with additional provisions for de- layed 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. § 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program (a) IN GENERAL.—The Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 15 days has elapsed following the date on which the Secretary— (1) submits a report to the congressional de- fense committees on the results of any produc- tion readiness review; (2) certifies to the congressional defense committees that the findings of any such re- view support the start of construction; and (3) certifies to the congressional defense committees that at least 95 percent of all the basic and functional design drawing packages for the ship have reached final approval. (b) REPORT.—The report required by sub- section (a)(1) shall include each of the following: (1) An identification of the degree to which detail design and production design drawings and related documents have been completed in accordance with the shipbuilding contract. (2) An assessment of the readiness of the shipyard facilities and workforce to begin con- struction. (3) The Navy’s estimated delivery date and a description of any risks that could affect such delivery date. (4) An assessment of the extent to which adequate processes and metrics are in place to measure and manage program risks. (5) With respect to the first ship, a descrip- tion of the plans of the Navy to oversee and document the construction of the ship to en- sure that the detail design supports the con- struction schedule for the ship. (6) A definition of the term ‘‘start of con- struction’’ that— (A) is applicable to the first ship; and (B) does not mean a point in time— (i) after the completion of 5 percent of lightship displacement; or (ii) after the advance procurement or ad- vance construction of the ship. (7) An identification of any fabrication of the hull and superstructure of the ship that will occur before the date on which the Sec- retary submits the certifications required under paragraphs (2) and (3) of subsection (a). (8) An identification of the extent of to which vendor- and government-furnished in- formation supports the overall maturity and stability of the ship’s design, including infor- mation regarding— (A) whether vendor selection is complete for major distributive systems and key equipment supporting operational require- ments; (B) whether specifications are finalized for major distributive systems and key equip- ment; and (C) the status of factory acceptance test- ing, as applicable, to validate finalized speci- fications for major distributive systems and key equipment through manufacturing. (c) DEFINITIONS.—For the purposes of sub- section (a): (1) BASIC AND FUNCTIONAL DESIGN.—The term ‘‘basic and functional design’’, when used with respect to a vessel, means design through com- puter aided models, and when used with re- spect to manned surface and undersea combat- ants, means design through the completion of three-dimensional computer aided modeling, that— (A) supports the major hull structure of the vessel; (B) sets the hydrodynamics of the vessel; and (C) positions and routes all major distribu- tive systems of the ship, including elec- tricity, water, and other utilities. (2) FIRST SHIP.—The term ‘‘first ship’’ ap- plies to a ship if— (A) the ship is the first ship to be con- structed under that shipbuilding program; or (B) the shipyard at which the ship is to be constructed has not previously started con- struction on a ship under that shipbuilding program. (3) MAJOR SHIPBUILDING PROGRAM.—The term ‘‘major shipbuilding program’’ means a pro- gram for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval ves- sel construction plan required by section 231 of this title. (4) PRODUCTION READINESS REVIEW.—The term ‘‘production readiness review’’ means a formal examination of a program prior to the start of construction to determine if the de- sign is ready for production, production engi- neering problems have been resolved, and the producer has accomplished adequate planning for the production phase. (Added Pub. L. 117–81, div. A, title X, § 1013(a), Dec. 27, 2021, 135 Stat. 1892; amended Pub. L. 118–159, div. A, title X, § 1024, Dec. 23, 2024, 138 Stat. 2053.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159, § 1024(1)(A), sub- stituted ‘‘15 days’’ for ‘‘30 days’’ in introductory provi- sions. Subsec. (a)(2). Pub. L. 118–159, § 1024(1)(B), substituted ‘‘the start’’ for ‘‘commencement’’. Subsec. (a)(3). Pub. L. 118–159, § 1024(1)(C), inserted ‘‘at least 95 percent of all’’ before ‘‘the basic’’ and sub- stituted ‘‘drawing packages for the ship have reached final approval’’ for ‘‘of the vessel is complete’’. Subsec. (b). Pub. L. 118–159, § 1024(2)(A), struck out ‘‘, at a minimum, an assessment of’’ after ‘‘include’’ in introductory provisions. Subsec. (b)(1) to (8). Pub. L. 118–159, § 1024(2)(B), added pars. (1) to (8) and struck out former pars. (1) to (6) which read as follows: ‘‘(1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings.