10 U.S.C. § 4271 — Program cost, fielding, and performance

Page 2725 TITLE 10—ARMED FORCES § 4271 Sec. 4272. Independent technical risk assessments. 4273. Performance assessments and root cause analyses. 4274. [Reserved]. 4275. [Reserved]. 4276. [Reserved]. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(A), Dec. 27, 2021, 135 Stat. 2149, amended Pub. L. 116–283, div. A, title XVIII. § 1847(a), Jan. 1, 2021, 134 Stat. 4253, which added this analysis, by substituting ‘‘[Reserved]’’ for ‘‘Acquisition-related functions of chiefs: adherence to requirements in major defense acquisition pro- grams’’ in item 4274. § 4271. Program cost, fielding, and performance goals in planning major defense acquisition programs (a) PROGRAM COST AND FIELDING TARGETS.—(1) Before funds are obligated for technology devel- opment, systems development, or production of a major defense acquisition program, the des- ignated milestone decision authority for the program shall ensure, by establishing the goals described in paragraph (2), that the program will— (A) be affordable; (B) incorporate program planning that an- ticipates the evolution of capabilities to meet changing threats, technology insertion, and interoperability; and (C) be fielded when needed. (2) The goals described in this paragraph are goals for— (A) the procurement unit cost and sustainment cost (referred to in this section as the ‘‘program cost targets’’); (B) the date for initial operational capa- bility (referred to in this section as the ‘‘field- ing target’’); and (C) technology maturation, prototyping, and a modular open system approach to evolve system capabilities and improve interoper- ability. (b) DEFINITIONS.—In this section: (1) The term ‘‘procurement unit cost’’ has the meaning provided in section 4351(a)(2) of this title. (2) The term ‘‘initial capabilities document’’ has the meaning provided in section 4251(d)(1) of this title. (Added Pub. L. 114–328, div. A, title VIII, § 807(a)(1), Dec. 23, 2016, 130 Stat. 2260, § 2448a; amended Pub. L. 115–232, div. A, title VIII, § 831(a), Aug. 13, 2018, 132 Stat. 1857; renumbered § 4271 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(e)(1), Jan. 1, 2021, 134 Stat. 4256; Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(C)(iv), Dec. 27, 2021, 135 Stat. 2147.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1847(e)(1), renumbered section 2448a of this title as the section. Subsec. (b)(1). Pub. L. 116–283, § 1847(e)(1)(A), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(iv), sub- stituted ‘‘section 4351(a)(2)’’ for ‘‘section 2432(a)(2)’’. Subsec. (b)(2). Pub. L. 116–283, § 1847(e)(1)(B), sub- stituted ‘‘section 4251(d)(1)’’ for ‘‘section 2366a(d)(2)’’. 2018—Subsec. (a)(1). Pub. L. 115–232, § 831(a)(1), (2), in introductory provisions, substituted ‘‘designated mile- stone decision authority for the program shall ensure, by establishing the goals described in paragraph (2), that the program’’ for ‘‘Secretary of Defense shall en- sure, by establishing the goals described in paragraph (2), that the milestone decision authority for the major defense acquisition program approves a program that’’. Subsecs. (b), (c). Pub. L. 115–232, § 831(a)(3), (4), redes- ignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as fol- lows: ‘‘The responsibilities of the Secretary of Defense in subsection (a) may be delegated only to the Deputy Secretary of Defense.’’ 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. EFFECTIVE DATE Pub. L. 114–328, div. A, title VIII, § 807(a)(2), Dec. 23, 2016, 130 Stat. 2261, provided that: ‘‘[Former] Sub- chapter III of chapter 144B of title 10, United States Code [see 10 U.S.C. 4271, 4272], as added by paragraph (1), shall apply with respect to major defense acquisition programs that reach Milestone A after October 1, 2017.’’ PROGRAM COST AND FIELD TARGETS Pub. L. 114–328, div. A, title IX, § 925(b), Dec. 23, 2016, 130 Stat. 2361, as amended by Pub. L. 115–232, div. A, title VIII, § 831(b)(4), Aug. 13, 2018, 132 Stat. 1857, pro- vided that: ‘‘The Secretary of Defense shall establish a process to develop program cost and fielding targets pursuant to section 2448a of title 10, United States Code [now 10 U.S.C. 4271], that— ‘‘(1) is co-chaired by the designated milestone deci- sion authority for the major defense acquisition pro- gram and the Vice Chief of Staff of the armed force concerned or, in the case of a program for which an alternate milestone decision authority is designated under section 2430(d)(2) of such title [now 10 U.S.C. 4204(b)], the Vice Chairman of the Joint Chiefs of Staff; ‘‘(2) is supported by— ‘‘(A) the Joint Staff, to provide expertise on joint military capabilities, capability gaps, and perform- ance requirements; ‘‘(B) the Office of Cost Assessment and Program Evaluation, to provide expertise in resource alloca- tion, operations research, systems analysis, and cost estimation; and ‘‘(C) other Department of Defense organizations determined appropriate by the Secretary; and ‘‘(3) ensures that appropriate trade-offs are made among life-cycle cost, schedule, and performance ob- jectives and procurement quantity objectives.’’ CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER MAJOR DEFENSE ACQUISITION PROGRAMS Pub. L. 110–417, [div. A], title VIII, § 814, Oct. 14, 2008, 122 Stat. 4528, as amended by Pub. L. 114–92, div. A, title VIII, § 830, Nov. 25, 2015, 129 Stat. 912; Pub. L. 115–91, div. A, title VIII, § 826, Dec. 12, 2017, 131 Stat. 1467; Pub. L. 116–92, div. A, title IX, § 902(67), Dec. 20, 2019, 133 Stat. 1550, provided that: ‘‘(a) CONFIGURATION STEERING BOARDS.—Each Sec- retary of a military department shall establish one or Page 2726 TITLE 10—ARMED FORCES § 4272 more boards (to be known as a ‘Configuration Steering Board’) for the major defense acquisition programs of such department. ‘‘(b) COMPOSITION.— ‘‘(1) CHAIR.—Each Configuration Steering Board under this section shall be chaired by the service ac- quisition executive of the military department con- cerned. ‘‘(2) PARTICULAR MEMBERS.—Each Configuration Steering Board under this section shall include a rep- resentative of the following: ‘‘(A) The Office of the Under Secretary of Defense for Research and Engineering. ‘‘(B) The Office of the Under Secretary of Defense for Acquisition and Sustainment. ‘‘(C) The Chief of Staff of the Armed Force con- cerned. ‘‘(D) Other Armed Forces, as appropriate. ‘‘(E) The Joint Staff. ‘‘(F) The Comptroller of the military department concerned. ‘‘(G) The military deputy to the service acquisi- tion executive concerned. ‘‘(H) The program executive officer for the major defense acquisition program concerned. ‘‘(I) Other senior representatives of the Office of the Secretary of Defense and the military depart- ment concerned, as appropriate. ‘‘(c) RESPONSIBILITIES.— ‘‘(1) IN GENERAL.—The Configuration Steering Board for a major defense acquisition program under this section shall be responsible for the following: ‘‘(A) Monitoring changes in program require- ments and ensuring the Chief of Staff of the Armed Force concerned, in consultation with the Sec- retary of the military department concerned, ap- proves of any proposed changes that could have an adverse effect on program cost or schedule. ‘‘(B) Preventing unnecessary changes to program requirements and system configuration that could have an adverse impact on program cost or sched- ule. ‘‘(C) Mitigating the adverse cost and schedule im- pact of any changes to program requirements or system configuration that may be required. ‘‘(D) Ensuring that the program delivers as much planned capability as possible, at or below the rel- evant program baseline. ‘‘(2) DISCHARGE OF RESPONSIBILITIES.—In dis- charging its responsibilities under this section with respect to a major defense acquisition program, a Configuration Steering Board shall— ‘‘(A) review and approve or disapprove any pro- posed changes to program requirements or system configuration that have the potential to adversely impact program cost or schedule; and ‘‘(B) review and recommend proposals to reduce program requirements that have the potential to improve program cost or schedule in a manner con- sistent with program objectives. ‘‘(3) PRESENTATION OF RECOMMENDATIONS ON REDUC- TION IN REQUIREMENTS.—Any recommendation for a proposed reduction in requirements that is made by a Configuration Steering Board under paragraph (2)(B) shall be presented to appropriate organizations of the Joint Staff and the military departments responsible for such requirements for review and approval in ac- cordance with applicable procedures. ‘‘(4) ANNUAL CONSIDERATION OF EACH MAJOR DEFENSE ACQUISITION PROGRAM.— ‘‘(A) ANNUAL MEETING.—Except as provided in subparagraph (B), the Secretary of the military de- partment concerned shall ensure that a Configura- tion Steering Board under this section meets to consider each major defense acquisition program of such military department at least once each year. ‘‘(B) EXCEPTION.—If the service acquisition execu- tive of the military department concerned deter- mines, in writing, that there have been no changes to the program requirements of a major defense ac- quisition program during the preceding year, the Configuration Steering Board for such major de- fense acquisition program is not required to meet as described in subparagraph (A). ‘‘(5) CERTIFICATION OF COST AND SCHEDULE DEVI- ATIONS DURING SYSTEM DESIGN AND DEVELOPMENT.— For a major defense acquisition program that re- ceived an initial Milestone B approval during fiscal year 2008, a Configuration Steering Board may not approve any proposed alteration to program require- ments or system configuration if such an alteration would— ‘‘(A) increase the cost (including any increase for expected inflation or currency exchange rates) for system development and demonstration by more than 25 percent; or ‘‘(B) extend the schedule for key events by more than 15 percent of the total number of months be- tween the award of the system development and demonstration contract and the scheduled Mile- stone C approval date, unless the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment jointly certify to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], and include in the certification supporting rationale, that approving such alteration to program requirements or system configuration is in the best interest of the Depart- ment of Defense despite the cost and schedule im- pacts to system development and demonstration of such program. ‘‘(d) APPLICABILITY.— ‘‘(1) IN GENERAL.—The requirements of this section shall apply with respect to any major defense acquisi- tion program that is commenced before, on, or after the date of the enactment of this Act [Oct. 14, 2008]. ‘‘(2) CURRENT PROGRAMS.—In the case of any major defense acquisition program that is ongoing as of the date of the enactment of this Act, a Configuration Steering Board under this section shall be established for such program not later than 60 days after the date of the enactment of this Act. ‘‘(e) GUIDANCE ON AUTHORITIES OF PROGRAM MAN- AGERS AFTER MILESTONE B.— ‘‘(1) [Amended section 853(d)(2) of Pub. L. 109–364, formerly set out as a note under section 2430 of this title.] ‘‘(2) APPLICABILITY.—The Secretary of Defense shall modify the guidance described in section 853(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 [Pub. L. 109–364, formerly set out as a note under section 2430 of this title] in order to take into account the amendment made by paragraph (1) not later than 60 days after the date of the enact- ment of this Act [Oct. 14, 2008]. ‘‘(f) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.— In this section, the term ‘major defense acquisition program’ has the meaning given that term in section 2430(a) of title 10, United States Code [now 10 U.S.C. 4201].’’ § 4272. Independent technical risk assessments (a) IN GENERAL.—With respect to a major de- fense acquisition program, the Secretary of De- fense shall conduct or approve independent tech- nical risk assessments before any decision to grant Milestone B approval for the program pur- suant to section 4252 of this title, any decision to enter into low-rate initial production or full- rate production, or at any other time considered appropriate by the Secretary, that includes the identification of any critical technologies or manufacturing processes that have not been suc- cessfully demonstrated in a relevant environ- ment. (b) GUIDANCE.—The Secretary shall issue guid- ance and a framework for the conduct, execu-