10 U.S.C. § 4252 — Major defense acquisition programs: fac-

Page 2719 TITLE 10—ARMED FORCES § 4252 title VIII, § 813(e)(2)(B), Oct. 14, 2008, 122 Stat. 4528, pro- vided that: ‘‘Section 2366b of title 10, United States Code [now 10 U.S.C. 4251], as added by subsection (a), shall apply to major defense acquisition programs on and after March 1, 2008. In the case of the certification required by [former] paragraph (2) of subsection (a) of such section, during the period prior to the completion of the first quadrennial roles and missions review re- quired by [former] section 118b of title 10, United States Code, the certification required by that paragraph shall be that the system is being executed by an entity with a relevant core competency as identified by the Sec- retary of Defense.’’ ANALYSIS OF ALTERNATIVES PURSUANT TO MATERIEL DEVELOPMENT DECISIONS Pub. L. 116–92, div. A, title VIII, § 832, Dec. 20, 2019, 133 Stat. 1493, provided that: ‘‘(a) TIMELINE.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Sec- retary of Defense shall update existing guidance for analyses of alternatives conducted pursuant to a mate- riel development decision for a major defense acquisi- tion program to incorporate the following: ‘‘(1) Study completion within nine months. ‘‘(2) Study guidance issued by the Director, Cost Assessment and Program Evaluation of a scope de- signed to provide for reasonable completion of the study within the nine-month period. ‘‘(3) Procedures for waiver of the timeline require- ments of this subsection on a case-by-case basis if— ‘‘(A) the subject of the analysis is of extreme technical complexity; ‘‘(B) collection of additional intelligence is re- quired to inform the analysis; ‘‘(C) insufficient technical expertise is available to complete the analysis; or ‘‘(D) the Secretary determines that there [are] other sufficient reasons for delay of the analysis. ‘‘(b) REPORTING.—If an analysis of alternatives can- not be completed within the allotted time, or a waiver is used, the Secretary shall report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives] the following information: ‘‘(1) For a waiver, the basis for use of the waivers, including the reasons why the study cannot be com- pleted within the allotted time. ‘‘(2) For a study estimated to take more than nine months— ‘‘(A) an estimate of when the analysis will be completed; ‘‘(B) an estimate of any additional costs to com- plete the analysis; and ‘‘(C) other relevant information pertaining to the analysis and its completion. ‘‘(c) REPORT ON ANALYSES OF ALTERNATIVES.— ‘‘(1) ASSESSMENT.— ‘‘(A) IN GENERAL.—The Under Secretary of De- fense for Acquisition and Sustainment shall engage with an independent entity, including under the Program for Acquisition Innovation Research, to assess the conduct of analyses of alternatives. ‘‘(B) ELEMENTS.—The assessment required under subparagraph (A) shall— ‘‘(i) assess the time required to complete anal- yses of alternatives within the Department of De- fense completed over the last five fiscal years, as compared with best practices; ‘‘(ii) provide recommendations and policy op- tions to improve analyses of alternatives; and ‘‘(iii) discuss any other matters as identified by the Under Secretary. ‘‘(C) ACCESS TO DATA.—The Under Secretary shall ensure that the independent entity is provided ac- cess to the data, information, and resources nec- essary to complete the required analyses and as- sessment. ‘‘(2) REPORT.—Not later than one year after the date of the enactment of this Act, the Under Sec- retary shall submit to the congressional defense com- mittees a report including the assessment required under paragraph (1) and a review and assessment by the Under Secretary of the findings made in the as- sessment.’’ MILESTONE A DECISIONS Pub. L. 114–92, div. A, title VIII, § 802(d)(2), Nov. 25, 2015, 129 Stat. 880, provided that: ‘‘The Chief of the Armed Force concerned shall advise the milestone deci- sion authority for a major defense acquisition program of the Chief’s views on cost, schedule, technical feasi- bility, and performance trade-offs that have been made with regard to the program, as provided in section 2366a(a)(2) of title 10, United States Code [now 10 U.S.C. 4251(a)(2)], as amended by section 823 of this Act, prior to a Milestone A decision on the program.’’ GUIDANCE Pub. L. 112–81, div. A, title VIII, § 801(d), Dec. 31, 2011, 125 Stat. 1483, provided that: ‘‘Not later than 120 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretary of Defense shall issue guidance im- plementing the amendments made by subsections (a) and (b) [amending this section and section 2366b of this title], and subsection (c) [set out as a note preceding section 4321 of this title], in a manner that is con- sistent across the Department of Defense.’’ § 4252. Major defense acquisition programs: fac- tors to be considered before Milestone B ap- proval (a) RESPONSIBILITIES.—Before granting Mile- stone B approval for a major defense acquisition program or major subprogram, the milestone de- cision authority for the program or subprogram shall ensure that— (1) information about the program or subpro- gram is sufficient to warrant entry of the pro- gram or subprogram into the engineering and manufacturing development phase; (2) appropriate trade-offs among cost, sched- ule, technical feasibility, and performance ob- jectives 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 mili- tary 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 pro- gram or major subprogram may not receive Milestone B approval until the milestone deci- sion authority confirms the following factors were considered in the decision to grant Mile- stone B approval: (1) The program or subprogram has received a preliminary design review and a formal post- preliminary design review or an equivalent as- sessment was conducted. (2) The technology in the program or subpro- gram has been demonstrated in a relevant en- vironment. (3) The program or subprogram is affordable when considering the ability of the Depart- ment of Defense to accomplish the program’s or subprogram’s general mission using alter- native systems. (4) Reasonable lifecycle cost and schedule es- timates have been developed to execute, with Page 2720 TITLE 10—ARMED FORCES § 4252 the concurrence of the Director of Cost Assess- ment 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 sub- program (under section 4214 of this title) have been established. (6) Funding is expected to be available to execute the product development and produc- tion plan for the program or subprogram, con- sistent with the estimates described in para- graph (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 non- developmental items (as defined in section 110 of title 41). (8) The Department of Defense has com- pleted an analysis of alternatives with respect to the program or subprogram, or in lieu of an analysis of alternatives, early experimen- tation with a combatant commander has been conducted. (9) The Joint Requirements Oversight Coun- cil has accomplished its duties with respect to the program or subprogram pursuant to sec- tion 181(b) of this title, including an analysis of the operational requirements for the pro- gram or subprogram. (10) 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. (11) An estimate has been made of the re- quirements for core logistics capabilities and the associated sustaining workloads required to support such requirements. (12) The program or subprogram complies with all relevant policies, regulations, and di- rectives of the Department of Defense. (13) Appropriate actions are planned for the acquisition of technical data required to sup- port the program or subprogram. (14) The program or subprogram has an ap- proved life cycle sustainment plan required under section 4324(b) of this title. (15) 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. (c) WRITTEN RECORD OF MILESTONE DECISION.— The milestone decision authority shall issue a written record of decision at the time that Mile- stone B approval is granted. The record shall confirm compliance with subsection (b) and spe- cifically state that the milestone decision au- thority considered the factors described in sub- section (b) prior to the decision to grant mile- stone approval. The milestone decision author- ity shall retain records of the basis for the mile- stone decision. (d) CHANGES TO BASIS FOR MILESTONE AP- PROVAL.—(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 deci- sion of the milestone decision authority relat- ing to any component of such decision speci- fied in subsection (b); or (B) otherwise cause the program or subpro- gram to deviate significantly from the mate- rial provided to the milestone decision author- ity in support of such decision. (2) Upon receipt of information under para- graph (1), the milestone decision authority may rescind Milestone B approval if the milestone decision authority determines that such ap- proval 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-re- lated activities, the congressional intelligence committees a written record of the milestone decision. (2) ADDITIONAL INFORMATION.—(A) At the re- quest of any of the congressional defense com- mittees or, in the case of intelligence or intel- ligence-related activities, the congressional intelligence committees, the milestone deci- sion 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 under- lying documentation. (B) The explanation or additional informa- tion 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 Depart- ment 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. (3) The term ‘‘core logistics capabilities’’ means the core logistics capabilities identified under section 2464(a) of this title. (4) The term ‘‘congressional intelligence committees’’ has the meaning given that term in section 437(c) of this title. (5) The term ‘‘written record of milestone decision’’, with respect to a major defense ac- quisition program or a major subprogram, means a document signed by the milestone de- cision authority that formalizes approved entry of the program or subprogram into the next phase of the acquisition process. (Added Pub. L. 109–163, div. A, title VIII, § 801(a), Jan. 6, 2006, 119 Stat. 3366, § 2366a; amended Pub. L. 109–364, div. A, title VIII, § 805, Oct. 17, 2006, 120 Stat. 2314; Pub. L. 110–181, div. A, title VIII, Page 2721 TITLE 10—ARMED FORCES § 4252 § 812, Jan. 28, 2008, 122 Stat. 219; renumbered § 2366b, Pub. L. 110–417, [div. A], title VIII, § 813(a), (b), Oct. 14, 2008, 122 Stat. 4527; Pub. L. 111–23, title I, § 101(d)(4), title II, §§ 201(f), 205(a), May 22, 2009, 123 Stat. 1710, 1720, 1724; Pub. L. 111–383, div. A, title VIII, §§ 813(d)(1), 814(c), title IX, § 901(j)(4), title X, § 1075(k)(1), Jan. 7, 2011, 124 Stat. 4265, 4266, 4324, 4378; Pub. L. 112–81, div. A, title VIII, §§ 801(b), (e)(2), 819(b), Dec. 31, 2011, 125 Stat. 1483, 1484, 1501; Pub. L. 112–239, div. A, title III, § 322(e)(2), title IX, § 904(e)(2), Jan. 2, 2013, 126 Stat. 1695, 1867; Pub. L. 113–66, div. A, title VIII, §§ 821(a), 822(a), title X, § 1091(b)(1), Dec. 26, 2013, 127 Stat. 809, 876; Pub. L. 114–92, div. A, title VIII, § 824(a), Nov. 25, 2015, 129 Stat. 903; Pub. L. 114–328, div. A, title VIII, §§ 805(a)(3), 807(e), 808(b), 843, Dec. 23, 2016, 130 Stat. 2255, 2262, 2263, 2290; Pub. L. 115–91, div. A, title VIII, §§ 835(b)(1), 838(a)(1), Dec. 12, 2017, 131 Stat. 1471, 1474; Pub. L. 115–232, div. A, title VIII, § 831(b)(3), Aug. 13, 2018, 132 Stat. 1857; Pub. L. 116–92, div. A, title VIII, § 833, Dec. 20, 2019, 133 Stat. 1494; renumbered § 4252 and amended Pub. L. 116–283, div. A, title VIII, § 802(b), title XVIII, §§ 1847(d)(2), 1883(b)(2), Jan. 1, 2021, 134 Stat. 3732, 4255, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(C)(iii), Dec. 27, 2021, 135 Stat. 2147; Pub. L. 118–159, div. A, title VIII, § 807, Dec. 23, 2024, 138 Stat. 1974.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, § 807(1), substituted ‘‘factors to be considered before’’ for ‘‘certification required be- fore’’ in section catchline. Subsec. (a). Pub. L. 118–159, § 807(4), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 118–159, § 807(3), (5), redesignated subsec. (a) as (b) and amended it generally. Prior to amendment, subsec. related to certifications and deter- minations required for Milestone B approval. Subsec. (c). Pub. L. 118–159, § 807(6), added subsec. (c). Former subsec. (c) redesignated (e). Subsec. (d). Pub. L. 118–159, § 807(7)(A), substituted ‘‘Basis for Milestone Approval’’ for ‘‘Certifications or Determination’’ in heading. Pub. L. 118–159, § 807(2), (3), redesignated subsec. (b) as (d) and struck out former subsec. (d) which related to waiver of the certification and determination require- ments to a major defense acquisition program in order to meet critical national security objectives. Subsec. (d)(1). Pub. L. 118–159, § 807(7)(B)(i), in intro- ductory provisions, substituted ‘‘a written record of the milestone decision under subsection (c)’’ for ‘‘certifi- cations or a determination under subsection (a)’’. Subsec. (d)(1)(A). Pub. L. 118–159, § 807(7)(B)(ii), sub- stituted ‘‘decision of the milestone decision authority’’ for ‘‘certifications or determination of the milestone decision authority’’ and ‘‘decision specified in sub- section (b)’’ for ‘‘certifications or determination speci- fied in paragraph (1), (2), or (3) of subsection (a)’’. Subsec. (d)(1)(B). Pub. L. 118–159, § 807(7)(B)(iii), sub- stituted ‘‘such decision’’ for ‘‘such certifications or de- termination’’. Subsec. (d)(2). Pub. L. 118–159, § 807(7)(C), struck out ‘‘withdraw the certifications or determination con- cerned or’’ after ‘‘milestone decision authority may’’ and substituted ‘‘approval is’’ for ‘‘certifications, deter- mination, or approval are’’. Subsec. (e). Pub. L. 118–159, § 807(3), (8), redesignated subsec. (c) as (e) and amended it generally. Prior to amendment, subsec. related to submission to Congress of brief summary reports on Milestone B. Former sub- sec. (e) struck out. Pub. L. 118–159, § 807(2), struck out subsec. (e). Text read as follows: ‘‘Any budget request, budget justifica- tion material, budget display, reprogramming request, Selected Acquisition Report, or other budget docu- mentation or performance report submitted by the Sec- retary of Defense to the President regarding a major defense acquisition program receiving a waiver pursu- ant to subsection (d) shall prominently and clearly in- dicate that such program has not fully satisfied the certification requirements of this section until such time as the milestone decision authority makes the de- termination that such program has satisfied all such certification requirements.’’ Subsec. (f). Pub. L. 118–159, § 807(2), (3), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: ‘‘The milestone decision authority may not delegate the cer- tification requirement under subsection (a) or the au- thority to waive any component of such requirement under subsection (d).’’ Subsec. (f)(4) to (6). Pub. L. 118–159, § 807(9), added par. (5), redesignated par. (6) as (4), and struck out former pars. (4) and (5) which defined the terms fielding target and major system component, respectively. 2021—Pub. L. 116–283, § 1847(d)(2)(A), renumbered sec- tion 2366b of this title as this section. Subsec. (a)(2). Pub. L. 116–283, § 1847(d)(2)(B)(i), sub- stituted ‘‘section 4272’’ for ‘‘section 2448b’’. Subsec. (a)(3)(D). Pub. L. 116–283, § 1847(d)(2)(B)(ii)(I), substituted ‘‘section 4214 of this title’’ for ‘‘section 2435’’ and ‘‘section 4271(a)’’ for ‘‘section 2448a(a)’’. Subsec. (a)(3)(N). Pub. L. 116–283, § 1847(d)(2)(B)(ii)(II), substituted ‘‘section 4402(e)’’ for ‘‘section 2446b(e)’’. Pub. L. 116–283, § 802(b)(1)(A), struck out ‘‘and’’ after ‘‘met;’’. Subsec. (a)(3)(O). Pub. L. 116–283, § 802(b)(1)(B), which directed amendment of subpar. (O) by substituting ‘‘; and’’ for period at the end, was executed by making the substitution for semicolon at end to reflect the probable intent of Congress. Subsec. (a)(3)(P). Pub. L. 116–283, § 1883(b)(2), sub- stituted ‘‘section 4324(b)’’ for ‘‘section 2337(b)’’. Pub. L. 116–283, § 802(b)(1)(C), added subpar. (P). Subsec. (c)(1)(A). Pub. L. 116–283, § 1847(d)(2)(C)(i)(I), substituted ‘‘section 4271(a)’’ for ‘‘section 2448a(a)’’. Subsec. (c)(1)(C). Pub. L. 116–283, § 1847(d)(2)(C)(i)(II), substituted ‘‘section 3221(b)(6)’’ for ‘‘section 2334(a)(6)’’ in introductory provisions. Subsec. (c)(1)(E). Pub. L. 116–283, § 1847(d)(2)(C)(i)(III), substituted ‘‘section 4272’’ for ‘‘section 2448b’’. Subsec. (c)(1)(H). Pub. L. 116–283, § 1883(b)(2), sub- stituted ‘‘section 4324’’ for ‘‘section 2337’’. Pub. L. 116–283, § 802(b)(2)(B), added subpar. (H). Former subpar. (H) redesignated (I). Subsec. (c)(1)(I). Pub. L. 116–283, § 802(b)(2)(A), redesig- nated subpar. (H) as (I). Subsec. (c)(2)(A). Pub. L. 116–283, § 1847(d)(2)(C)(ii), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(iii), sub- stituted ‘‘section 4351’’ for ‘‘section 2432’’. Subsec. (d)(3). Pub. L. 116–283, § 1847(d)(2)(D), sub- stituted ‘‘section 4377’’ for ‘‘section 2433a(c)’’ in intro- ductory provisions. Subsec. (g)(1). Pub. L. 116–283, § 1847(d)(2)(E)(i), redes- ignated par. (3) as (1) and struck out former par. (1) which defined ‘‘major defense acquisition program’’. Subsec. (g)(2). Pub. L. 116–283, § 1847(d)(2)(E)(i), (ii), re- designated par. (4) as (2), substituted ‘‘section 4172(e)(7)’’ for ‘‘section 2366(e)(7)’’, and struck out former par. (2) which defined ‘‘designated major subpro- gram’’. Subsec. (g)(3). Pub. L. 116–283, § 1847(d)(2)(E)(i), redes- ignated par. (5) as (3). Former par. (3) redesignated (1). Subsec. (g)(4). Pub. L. 116–283, § 1847(d)(2)(E)(i), (iii), redesignated par. (6) as (4) and substituted ‘‘section 4271(a)’’ for ‘‘section 2448a(a)’’. Former par. (4) redesig- nated (2). Subsec. (g)(5). Pub. L. 116–283, § 1847(d)(2)(E)(i), (iv), redesignated par. (7) as (5) and substituted ‘‘section 4401(b)(3)’’ for ‘‘section 2446a(b)(3)’’. Former par. (5) re- designated (3). Subsec. (g)(6) to (8). Pub. L. 116–283, § 1847(d)(2)(E)(i), redesignated pars. (6) to (8) as (4) to (6), respectively. Page 2722 TITLE 10—ARMED FORCES § 4252 2019—Subsec. (a)(5). Pub. L. 116–92 added par. (5). 2018—Subsec. (a)(3)(D). Pub. L. 115–232, § 831(b)(3)(A), struck out ‘‘Secretary of Defense after a request for such increase or delay by the’’ before ‘‘milestone deci- sion authority’’. Subsec. (c)(1)(A). Pub. L. 115–232, § 831(b)(3)(B), struck out ‘‘by the Secretary of Defense’’ after ‘‘established’’. 2017—Subsec. (a)(3)(O). Pub. L. 115–91, § 835(b)(1), added subpar. (O). Subsec. (c)(1)(G), (H). Pub. L. 115–91, § 838(a)(1), added subpar. (G) and redesignated former subpar. (G) as (H). 2016—Subsec. (a)(2). Pub. L. 114–328, § 807(e)(1), sub- stituted ‘‘technical risk assessment conducted under section 2448b of this title’’ for ‘‘assessment by the As- sistant Secretary of Defense for Research and Engi- neering, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Eval- uation’’. Subsec. (a)(3)(B). Pub. L. 114–328, § 843(1), substituted ‘‘life-cycle cost;’’ for ‘‘acquisition cost in the context of the total resources available during the period covered by the future-years defense program submitted during the fiscal year in which the certification is made;’’. Subsec. (a)(3)(C). Pub. L. 114–328, § 807(e)(2)(A), struck out ‘‘and’’ at end. Subsec. (a)(3)(D). Pub. L. 114–328, § 807(e)(2)(C), added subpar. (D). Former subpar. (D) redesignated (E). Subsec. (a)(3)(E). Pub. L. 114–328, § 843(2), which di- rected amendment of subpar. (D) by substituting ‘‘fund- ing is expected to be available to execute the product development and production plan for the program,’’ for ‘‘funding is’’ and all that followed through ‘‘made,’’, was executed by making the substitution for ‘‘funding is available to execute the product development and production plan under the program, through the period covered by the future-years defense program submitted during the fiscal year in which the certification is made,’’ in subpar. (E), to reflect the probable intent of Congress and the amendment by Pub. L. 114–328, § 807(e)(2)(B). See below. Pub. L. 114–328, § 807(e)(2)(B), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F). Subsec. (a)(3)(F) to (L). Pub. L. 114–328, § 807(e)(2)(B), redesignated subpars. (E) to (K) as (F) to (L), respec- tively. Former subpar. (L) redesignated (M). Subsec. (a)(3)(M). Pub. L. 114–328, § 807(e)(2)(B), redes- ignated subpar. (L) as (M). Former subpar. (M) redesig- nated (N). Pub. L. 114–328, § 805(a)(3), added subpar. (M). Subsec. (a)(3)(N). Pub. L. 114–328, § 807(e)(2)(B), redes- ignated subpar. (M) as (N). Subsec. (c). Pub. L. 114–328, § 808(b)(1), amended sub- sec. (c) generally. Prior to amendment, text read as fol- lows: ‘‘(1) The certifications and determination under sub- section (a) with respect to a major defense acquisition program shall be submitted to the congressional de- fense committees with the first Selected Acquisition Report submitted under section 2432 of this title after completion of the certification. ‘‘(2) The milestone decision authority shall retain records of the basis for the certifications and deter- mination under paragraphs (1), (2), and (3) of subsection (a). ‘‘(3) At the request of any of the congressional de- fense committees, the Secretary of Defense shall sub- mit to the committee an explanation of the basis for the certifications and determination under paragraphs (1), (2), and (3) of subsection (a) with respect to a major defense acquisition program. The explanation shall be submitted in unclassified form, but may include a clas- sified annex.’’ Subsec. (g)(6) to (8). Pub. L. 114–328, § 808(b)(2), added pars. (6) to (8). 2015—Pub. L. 114–92 amended section generally. Prior to amendment, section related to certification required before Milestone B approval of major defense acquisi- tion programs. 2013—Subsec. (a)(3)(D). Pub. L. 112–239, § 904(e)(2), sub- stituted ‘‘the Assistant Secretary of Defense for Re- search and Engineering, in consultation with the Dep- uty Assistant Secretary of Defense for Developmental Test and Evaluation’’ for ‘‘the Assistant Secretary of Defense for Research and Engineering’’. Subsec. (a)(3)(F). Pub. L. 112–239, § 322(e)(2), as amend- ed by Pub. L. 113–66, § 1091(b)(1), substituted ‘‘core logis- tics capabilities’’ for ‘‘core depot-level maintenance and repair capabilities, as well as the associated logis- tics capabilities’’. Subsec. (a)(3)(G), (H). Pub. L. 113–66, § 821(a), added subpar. (G) and redesignated former subpar. (G) as (H). Subsec. (a)(4). Pub. L. 113–66, § 822(a), added par. (4). 2011—Pub. L. 112–81, § 801(e)(2)(A), struck out ‘‘or Key Decision Point B’’ after ‘‘Milestone B’’ in section catchline. Subsec. (a). Pub. L. 112–81, § 801(e)(2)(B), struck out ‘‘, or Key Decision Point B approval in the case of a space program,’’ after ‘‘Milestone B approval’’ in intro- ductory provisions. Subsec. (a)(3)(D). Pub. L. 111–383, § 901(j)(4), sub- stituted ‘‘Assistant Secretary of Defense for Research and Engineering’’ for ‘‘Director of Defense Research and Engineering’’. Subsec. (a)(3)(E) to (G). Pub. L. 112–81, § 801(b)(1), added subpars. (E) and (F) and redesignated former sub- par. (E) as (G). Subsec. (b)(1). Pub. L. 111–383, § 814(c)(1)(A), sub- stituted ‘‘any changes to the program or a designated major subprogram of such program’’ for ‘‘any changes to the program’’ in introductory provisions. Subsec. (b)(1)(B). Pub. L. 111–383, § 814(c)(1)(B), sub- stituted ‘‘otherwise cause the program or subprogram’’ for ‘‘otherwise cause the program’’. Subsec. (b)(2). Pub. L. 112–81, § 801(e)(2)(C), struck out ‘‘(or Key Decision Point B approval in the case of a space program)’’ after ‘‘Milestone B approval’’. Subsec. (d)(1). Pub. L. 112–81, § 801(e)(2)(C), struck out ‘‘(or Key Decision Point B approval in the case of a space program)’’ after ‘‘Milestone B approval’’ in two places. Pub. L. 111–383, § 813(d)(1)(A), substituted ‘‘(as speci- fied in paragraph (1), (2), or (3) of subsection (a))’’ for ‘‘(as specified in paragraph (1) or (2) of subsection (a))’’. Subsec. (d)(2)(B). Pub. L. 111–383, § 1075(k)(1), which di- rected amendment of directory language of Pub. L. 111–23, § 205(a)(1)(B), resulting in substitution of ‘‘para- graphs (1), (2), and (3)’’ for ‘‘paragraphs (1) and (2)’’ in text, was not executed because of the prior identical amendment by Pub. L. 111–383, § 813(d)(1)(B). See below. Pub. L. 111–383, § 813(d)(1)(B), substituted ‘‘specified in paragraphs (1), (2), and (3) of subsection (a)’’ for ‘‘speci- fied in paragraphs (1) and (2) of subsection (a)’’. Subsec. (d)(3). Pub. L. 112–81, § 819(b), added par. (3). Subsec. (g)(2) to (4). Pub. L. 111–383, § 814(c)(2), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5). Subsec. (g)(5). Pub. L. 112–81, § 801(b)(2), added par. (5) and struck out former par. (5) which read as follows: ‘‘The term ‘Key Decision Point B’ means the official program initiation of a National Security Space pro- gram of the Department of Defense, which triggers a formal review to determine maturity of technology and the program’s readiness to begin the preliminary sys- tem design.’’ Pub. L. 111–383, § 814(c)(2)(A), redesignated par. (4) as (5). 2009—Subsec. (a)(1)(B). Pub. L. 111–23, § 201(f), inserted ‘‘appropriate trade-offs among cost, schedule, and per- formance objectives have been made to ensure that’’ before ‘‘the program is affordable’’. Subsec. (a)(1)(C). Pub. L. 111–23, § 101(d)(4), inserted ‘‘, with the concurrence of the Director of Cost Assess- ment and Program Evaluation,’’ before ‘‘the product’’. Subsec. (a)(1)(D). Pub. L. 111–23, § 205(a)(3)(A), struck out ‘‘and’’ at end. Subsec. (a)(2), (3). Pub. L. 111–23, § 205(a)(3)(B), (C), added par. (2) and redesignated former par. (2) as (3). Subsec. (a)(3)(D). Pub. L. 111–23, § 205(a)(3)(D)(i), sub- stituted ‘‘, as determined by the Milestone Decision Authority on the basis of an independent review and as- Page 2723 TITLE 10—ARMED FORCES § 4252 sessment by the Director of Defense Research and Engi- neering; and’’ for semicolon. Subsec. (a)(3)(E), (F). Pub. L. 111–23, § 205(a)(3)(D)(ii), (iii), redesignated subpar. (F) as (E) and struck out former subpar. (E) which read as follows: ‘‘the program demonstrates a high likelihood of accomplishing its in- tended mission; and’’. Subsec. (d). Pub. L. 111–23, § 205(a)(1), designated ex- isting provisions as par. (1) and substituted par. (2) for ‘‘Whenever the milestone decision authority makes such a determination and authorizes such a waiver, the waiver, the determination, and the reasons for the de- termination shall be submitted in writing to the con- gressional defense committees within 30 days after the waiver is authorized.’’ Subsecs. (e) to (g). Pub. L. 111–23, § 205(a)(2), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 2008—Pub. L. 110–417, § 813(a), (b), renumbered section 2366a of this title as this section. Subsec. (a). Pub. L. 110–181, § 812(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) consisted of pars. (1) to (10) relating to required certifications by milestone decision authority for major defense acquisi- tion program to receive Milestone B approval, or Key Decision Point B approval in the case of a space pro- gram. Subsec. (b). Pub. L. 110–181, § 812(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 110–181, § 812(4), designated exist- ing provisions as par. (1) and added par. (2). Pub. L. 110–181, § 812(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 110–181, § 812(5), substituted ‘‘au- thority may, at the time of Milestone B approval (or Key Decision Point B approval in the case of a space program) or at the time that such milestone decision authority withdraws a certification or rescinds Mile- stone B approval (or Key Decision Point B approval in the case of a space program) pursuant to subsection (b)(2), waive’’ for ‘‘authority may waive’’ and ‘‘para- graph (1) or (2)’’ for ‘‘paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9)’’. Pub. L. 110–181, § 812(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 110–181, § 812(6), substituted ‘‘sub- section (d)’’ for ‘‘subsection (c)’’. Pub. L. 110–181, § 812(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 110–181, § 812(2), redesignated sub- sec. (e) as (f). 2006—Subsec. (a)(1) to (7). Pub. L. 109–364, § 805(a)(1)–(3), added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively. Former par. (7) redesignated (10). Subsec. (a)(8), (9). Pub. L. 109–364, § 805(a)(4), (5), added pars. (8) and (9). Subsec. (a)(10). Pub. L. 109–364, § 805(a)(1), redesig- nated par. (7) as (10). Subsec. (c). Pub. L. 109–364, § 805(b), substituted ‘‘(5), (6), (7), (8), or (9)’’ for ‘‘(5), or (6)’’. 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 sections 1847(d)(2) and 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applica- bility of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title VIII, § 835(b)(2), Dec. 12, 2017, 131 Stat. 1471, provided that: ‘‘Section 2366b(a)(3)(O) of title 10, United States Code [now 10 U.S.C. 4252(a)(3)(O)], as added by paragraph (1), shall apply with respect to any major defense acquisition program receiving Milestone B approval on or after the date occurring one year after the date of the enactment of this Act [Dec. 12, 2017].’’ EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 113–66, div. A, title VIII, § 821(b), Dec. 26, 2013, 127 Stat. 809, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 26, 2013], and shall apply with respect to major defense acquisi- tion programs which are subject to Milestone B ap- proval on or after the date occurring six months after the date of the enactment of this Act.’’ Pub. L. 113–66, div. A, title X, § 1091(b), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment made by section 1091(b)(1) is effective as of Jan. 2, 2013, and as if included in Pub. L. 112–239 as enacted. Amendment by section 322(e)(2) of Pub. L. 112–239 ef- fective Dec. 31, 2011, immediately after enactment of Pub. L. 112–81, see section 322(f) of Pub. L. 112–239, set out as an note under section 4251 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title VIII, § 813(d)(1), Jan. 7, 2011, 124 Stat. 4265, provided that the amendment made by section 813(d)(1) is effective as of May 22, 2009. Amendment by section 901(j)(4) of Pub. L. 111–383 ef- fective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title. Pub. L. 111–383, div. A, title X, § 1075(k), Jan. 7, 2011, 124 Stat. 4378, provided that the amendment made by section 1075(k)(1) is effective as of May 22, 2009, and as if included in Pub. L. 111–23 as enacted. RESPONSIBILITY FOR CONDUCTING ASSESSMENTS Pub. L. 115–91, div. A, title VIII, § 838(a)(3), Dec. 12, 2017, 131 Stat. 1474, provided that: ‘‘For purposes of the sufficiency assessments required by section 2366b(c)(1) [now 10 U.S.C. 4252(c)(1)] and section 2366c(a)(4) [now 10 U.S.C. 4253(a)(4)] of such title [meaning title 10, United States Code], as added by paragraphs (1) and (2), with respect to a major defense acquisition program— ‘‘(A) if the milestone decision authority for the pro- gram is the service acquisition executive of the mili- tary department that is managing the program, the sufficiency assessment shall be conducted by the sen- ior official within the military department with re- sponsibility for developmental testing; and ‘‘(B) if the milestone decision authority for the pro- gram is the Under Secretary of Defense for Acquisi- tion and Sustainment, the sufficiency assessment shall be conducted by the senior Department of De- fense official with responsibility for developmental testing.’’ GUIDANCE Pub. L. 115–91, div. A, title VIII, § 838(a)(4), Dec. 12, 2017, 131 Stat. 1475, provided that: ‘‘Within one year after the date of the enactment of this Act [Dec. 12, 2017], the senior Department of Defense official with re- sponsibility for developmental testing shall develop guidance for the sufficiency assessments required by section 2366b(c)(1) and section 2366c(a)(4) of title 10, United States Code [now 10 U.S.C. 4252(c)(1) and 4253(a)(4)], as added by paragraphs (1) and (2). At a min- imum, the guidance shall require— ‘‘(A) for the sufficiency assessment required by sec- tion 2366b(c)(1) of such title [now 10 U.S.C. 4252(c)(1)], that the assessment address the sufficiency of— ‘‘(i) the developmental test and evaluation plan; ‘‘(ii) the developmental test and evaluation schedule, including a comparison to historic analo- gous systems; ‘‘(iii) the developmental test and evaluation re- sources (facilities, personnel, test assets, data ana- lytics tools, and modeling and simulation capabili- ties); Page 2724 TITLE 10—ARMED FORCES § 4253 ‘‘(iv) the risks of developmental test and produc- tion concurrency; and ‘‘(v) the developmental test criteria for entering the production phase; and ‘‘(B) for the sufficiency assessment required by sec- tion 2366c(a)(4) of such title [now 10 U.S.C. 4253(a)(4)], that the assessment address— ‘‘(i) the sufficiency of the developmental test and evaluation completed; ‘‘(ii) the sufficiency of the plans and resources available for remaining developmental test and evaluation; ‘‘(iii) the risks identified during developmental testing to the production and deployment phase; ‘‘(iv) the sufficiency of the plans and resources for remaining developmental test and evaluation; and ‘‘(v) the readiness of the system to perform sched- uled initial operational test and evaluation.’’ MILESTONE B DECISIONS Pub. L. 114–92, div. A, title VIII, § 802(d)(3), Nov. 25, 2015, 129 Stat. 880, provided that: ‘‘The Chief of the Armed Force concerned shall advise the milestone deci- sion authority for a major defense acquisition program of the Chief’s views on cost, schedule, technical feasi- bility, and performance trade-offs that have been made with regard to the program, as provided in section 2366b(b)(3) of title 10, United States Code [now 10 U.S.C. 4252(b)(3)], as amended by section 824 of this Act, prior to a Milestone B decision on the program.’’ FORMAL REVIEW PROCESS FOR BANDWIDTH REQUIREMENTS Pub. L. 110–417, [div. A], title X, § 1047(d), Oct. 14, 2008, 122 Stat. 4603, as amended by Pub. L. 111–84, div. A, title X, § 1033, Oct. 28, 2009, 123 Stat. 2449; Pub. L. 115–232, div. A, title VIII, § 813(c), Aug. 13, 2018, 132 Stat. 1851, pro- vided that: ‘‘The Secretary of Defense and the Director of National Intelligence shall, as part of the Milestone B or Key Decision Point B approval process for any major defense acquisition program or major system ac- quisition program, establish a formal review process to ensure that— ‘‘(A) the bandwidth requirements needed to support such program are or will be met; and ‘‘(B) a determination will be made with respect to how to meet the bandwidth requirements for such program.’’ § 4253. Major defense acquisition programs: sub- missions to Congress on Milestone C (a) BRIEF SUMMARY REPORT.—Not later than 15 days after granting Milestone C approval for a major defense acquisition program, the mile- stone 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 brief summary report that con- tains the following: (1) The estimated cost and schedule for the program established by the military depart- ment concerned, including— (A) the dollar values estimated for the pro- gram acquisition unit cost, average procure- ment unit cost, and total life-cycle cost; and (B) the planned dates for initial oper- ational test and evaluation and initial oper- ational capability. (2) The independent estimated cost for the program established pursuant to section 3221(b)(6) of this title, and any independent es- timated schedule for the program, including— (A) the dollar values estimated for the pro- gram acquisition unit cost, average procure- ment unit cost, and total life-cycle cost; and (B) the planned dates for initial oper- ational test and evaluation and initial oper- ational capability. (3) A summary of any production, manufac- turing, and fielding risks associated with the program. (4) An assessment of the sufficiency of the developmental test and evaluation completed, including the use of automated data analytics or modeling and simulation tools and meth- odologies. (b) ADDITIONAL INFORMATION.—At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-re- lated activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee further informa- tion or underlying documentation for the infor- mation in a brief summary report submitted under subsection (a), including the independent cost and schedule estimates and the independent technical risk assessments referred to in that subsection. (c) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this section, the term ‘‘congres- sional intelligence committees’’ has the mean- ing given that term in section 437(c) of this title. (Added Pub. L. 114–328, div. A, title VIII, § 808(c)(1), Dec. 23, 2016, 130 Stat. 2265, § 2366c; amended Pub. L. 115–91, div. A, title VIII, § 838(a)(2), Dec. 12, 2017, 131 Stat. 1474; renum- bered § 4253 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(d)(3), Jan. 1, 2021, 134 Stat. 4256.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2366c of this title as this section and, in subsec. (a)(2), substituted ‘‘section 3221(b)(6)’’ for ‘‘section 2334(a)(6)’’ in introduc- tory provisions. Section was inserted after section 4252 of this title, as renumbered by par. (2) of section 1847(d) of Pub. L. 116–283, to reflect the probable intent of Con- gress, notwithstanding language directing this section be inserted after section 4252 of this title ‘‘as trans- ferred and redesignated by paragraph (3)’’ of section 1847(d). 2017—Subsec. (a)(4). Pub. L. 115–91 added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT 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. RESPONSIBILITY FOR CONDUCTING ASSESSMENTS; GUIDANCE For provisions designating officials responsible for conducting assessments and provisions requiring guid- ance for assessments under subsec. (a)(4) of this sec- tion, see section 838(a)(3), (4) of Pub. L. 115–91, set out as notes under section 4252 of this title. SUBCHAPTER IV—ADDITIONAL PROVISIONS APPLICABLE SPECIFICALLY TO MAJOR DEFENSE ACQUISITION PROGRAMS Sec. 4271. Program cost, fielding, and performance goals in planning major defense acquisition pro- grams.