10 U.S.C. 4251: Major defense acquisition programs: factors to be considered before Milestone A approval

2024

• Pub. L. 118–159, §806(a)(1)(A), substituted "factors to be considered" for "determination required" in section catchline. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text
• Pub. L. 118–159, §806(a)(1)(B)(ii), inserted "do not overly constrain future trade space" after "with regard to the program". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (a)
• Pub. L. 118–159, §806(a)(1)(B)(i), which directed striking out "the Secretary of the military department concerned and the Chief of the armed forces concerned concur in", was executed by striking out "the Secretary of the military department concerned and the Chief of the armed force concerned conc… (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (a)
• Pub. L. 118–159, §806(a)(1)(C), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to written determination requirements for approval. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (b)
• Pub. L. 118–159, §806(a)(1)(E), added subsec. (c). Former subsec. (c) redesignated (d). (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (c)
• Pub. L. 118–159, §806(a)(1)(D), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
• Pub. L. 118–159, §806(a)(1)(F)(i)(II), substituted "a written record of the milestone decision." for "a brief summary report that contains the following elements:" and struck out subpars. (A) to (G) which listed elements to be included in the brief summary report required for Milest… (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
• Pub. L. 118–159, §806(a)(1)(F)(i)(I), which directed substitution of "notification" for "brief summary report" in heading, was executed by substituting "Notification" for "Brief summary report", to reflect the probable intent of Congress. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
• Pub. L. 118–159, §806(a)(1)(F)(ii), amended par. (2) generally. Prior to amendment, par. (2) related to requests for additional explanation of the basis for a determination. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
• Pub. L. 118–159, §806(a)(1)(D), (G), redesignated subsec. (d) as (e) and substituted "requirements document" for "initial capabilities document" in par. (1), redesignated pars. (5) and (8) as (4) and (5), respectively, and struck out former pars. (4), (6), and (7) which defined core lo… (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (e)

2021

• Pub. L. 116–283, §1847(d)(1)(A), renumbered section 2366a of this title as this section. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text
• Pub. L. 116–283, §1847(d)(1)(B)(i), substituted "section 4272(a)(1)" for "section 2448b(a)(1)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)
• Pub. L. 116–283, §1847(d)(1)(B)(ii), substituted "subchapter II of chapter 327" for "subchapter II of chapter 144B". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)
• Pub. L. 116–283, §1847(d)(1)(C)(i), substituted "section 4271(a)" for "section 2448a(a)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
• Pub. L. 116–283, §1847(d)(1)(C)(ii), substituted "section 3221(b)(6)" for "section 2334(a)(6)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
• Pub. L. 116–283, §1847(d)(1)(C)(iii), substituted "section 4272" for "section 2448b". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
• Pub. L. 116–283, §1847(d)(1)(D)(i), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which defined "major defense acquisition program". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (d), (2)
• Pub. L. 116–283, §1847(d)(1)(D)(ii), substituted "section 4172(e)(7)" for "section 2366(e)(7)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (d)
• Pub. L. 116–283, §1847(d)(1)(D)(i), redesignated par. (4) as (3). Former par. (3) redesignated (2). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (d)
• Pub. L. 116–283, §1847(d)(1)(D)(i), redesignated pars. (5) and (7) as (4) and (5), respectively. Former par. (4) redesignated (3). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (d), (5)
• Pub. L. 116–283, §1847(d)(1)(D)(iii), substituted "section 4271(a)" for "section 2448a(a)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (d)
• Pub. L. 116–283, §1847(d)(1)(D)(i), redesignated par. (8) as (6) and struck out former par. (6) which defined "major subprogram". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (d)
• Pub. L. 116–283, §1847(d)(1)(D)(iv), substituted "section 4401(b)(3)" for "section 2446a(b)(3)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (d)
• Pub. L. 116–283, §1847(d)(1)(D)(i), redesignated par. (9) as (7). Former par. (7) redesignated (5). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (d)
• Pub. L. 116–283, §1847(d)(1)(D)(i), redesignated pars. (8) to (10) as (6) to (8), respectively. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (d)

2019

• Pub. L. 116–92 substituted "subsection (b)(6)" for "section 2366a(b)(6) of this title". (National Defense Authorization Act for Fiscal Year 2020) Law text · (c)

2018

• Pub. L. 115–232 struck out "by the Secretary of Defense" after "established". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (c)

2016

• Pub. L. 114–328, §807(d), inserted ", including risks determined by the identification of critical technologies required under section 2448b(a)(1) of this title or any other risk assessment" after "areas of risk". (National Defense Authorization Act for Fiscal Year 2017) Law text · (b)
• Pub. L. 114–328, §806(b), added par. (8) and redesignated former par. (8) as (9). (National Defense Authorization Act for Fiscal Year 2017) Law text · (b), (9)
• Pub. L. 114–328, §808(a)(1), amended subsec. (c) generally. Prior to amendment, text of subsec. (c) read as follows: "At the request of any of the congressional defense committees, the Secretary of Defense shall submit to the committee an explanation of the basis for a determination ma… (National Defense Authorization Act for Fiscal Year 2017) Law text · (c)
• Pub. L. 114–328, §808(a)(2), added pars. (8) to (10). (National Defense Authorization Act for Fiscal Year 2017) Law text · (d)

2015

• Pub. L. 114–92 amended section generally. Prior to amendment, section related to certification required before Milestone A approval of major defense acquisition programs. (National Defense Authorization Act for Fiscal Year 2016) Law text

2013

• Pub. L. 112–239, §1076(a)(10)(C), made technical amendment to directory language of Pub. L. 112–81, §801(e)(1)(A). See 2011 Amendment note below. (National Defense Authorization Act for Fiscal Year 2013) Law text
• Pub. L. 112–239, §322(e)(1), substituted "core logistics capabilities" for "core depot-level maintenance and repair capabilities". (National Defense Authorization Act for Fiscal Year 2013) Law text · (a)
• Pub. L. 112–239, §1076(a)(10)(A), made technical amendment to directory language of Pub. L. 112–81, §801(a)(1)(B). See 2011 Amendment notes below. (National Defense Authorization Act for Fiscal Year 2013) Law text · (a), (6)
• Pub. L. 112–239, §1076(a)(10)(B), made technical amendment to directory language of Pub. L. 112–81, §801(a)(2). See 2011 Amendment note below. (National Defense Authorization Act for Fiscal Year 2013) Law text · (c)
• Pub. L. 112–239, §322(e)(1), substituted "core logistics capabilities" for "core depot-level maintenance and repair capabilities" in two places. (National Defense Authorization Act for Fiscal Year 2013) Law text · (c)

2011

• Pub. L. 112–81, §801(e)(1)(A), as amended by Pub. L. 112–239, §1076(a)(10)(C), struck out "or Key Decision Point A" after "Milestone A" in section catchline. (National Defense Authorization Act for Fiscal Year 2012) Law text
• Pub. L. 112–81, §801(e)(1)(B), struck out ", or Key Decision Point A approval in the case of a space program," after "Milestone A approval" and ", or Key Decision Point B approval in the case of a space program," after "Milestone B approval" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2012) Law text · (a)
• Pub. L. 112–81, §801(a)(1)(A), substituted "function" for "core competency". (National Defense Authorization Act for Fiscal Year 2012) Law text · (a)
• Pub. L. 112–81, §801(a)(1)(C), added par. (4). Former par. (4) redesignated (5). (National Defense Authorization Act for Fiscal Year 2012) Law text · (a)
• Pub. L. 112–81, §801(a)(1)(B), as amended by Pub. L. 112–239, §1076(a)(10)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6). (National Defense Authorization Act for Fiscal Year 2012) Law text · (a)
• Pub. L. 112–81, §801(a)(1)(D), substituted "develop, procure, and sustain" for "develop and procure". (National Defense Authorization Act for Fiscal Year 2012) Law text · (a)
• Pub. L. 112–81, §801(a)(1)(B), as amended by Pub. L. 112–239, §1076(a)(10)(A), redesignated par. (5) as (6). (National Defense Authorization Act for Fiscal Year 2012) Law text · (a)
• Pub. L. 112–81, §801(e)(1)(C)(i), struck out "(or Key Decision Point A approval in the case of a space program)" after "Milestone A approval". (National Defense Authorization Act for Fiscal Year 2012) Law text · (b)
• Pub. L. 111–383, §814(b)(1)(A), substituted "a major defense acquisition program certified by the Milestone Decision Authority under subsection (a) or a designated major subprogram of such program, if the projected cost of the program or subprogram" for "a major defense acquisition program certifie… (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (b)
• Pub. L. 111–383, §814(b)(1)(B), inserted "or designated major subprogram" after "major defense acquisition program". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (b)
• Pub. L. 112–81, §801(e)(1)(C)(ii), struck out ", or Key Decision Point A approval in the case of a space program," after "Milestone A approval". (National Defense Authorization Act for Fiscal Year 2012) Law text · (b)
• Pub. L. 111–383, §1075(b)(33)(A), inserted a space after "(c)". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (c)
• Pub. L. 111–383, §814(b)(2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Former par. (5) redesignated (6). (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (c)
• Pub. L. 111–383, §1075(b)(33)(B), which directed substitution of "section 118b(c)(3) of this title" for "section 125a(a) of this title" in par. (4), was executed by making the substitution in par. (5) to reflect the probable intent of Congress and the amendment by Pub. L. 111–383, §814(b)(2)(A). Se… (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (c)
• Pub. L. 111–383, §814(b)(2)(A), redesignated par. (5) as (6). (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (c)
• Pub. L. 112–81, §801(a)(2), as amended by Pub. L. 112–239, §1076(a)(10)(B), added par. (7). (National Defense Authorization Act for Fiscal Year 2012) Law text · (c)

2009

• Pub. L. 111–23, §204(a), substituted "may not receive Milestone A approval, or Key Decision Point A approval in the case of a space program, or otherwise be initiated prior to Milestone B approval, or Key Decision Point B approval in the case of a space program," for "may not receive M… (Weapon Systems Acquisition Reform Act of 2009) Law text · (a)
• Pub. L. 111–23, §201(e)(1), struck out "and" at end. (Weapon Systems Acquisition Reform Act of 2009) Law text · (a)
• Pub. L. 111–23, §201(e)(3), added par. (4). Former par. (4) redesignated (5). (Weapon Systems Acquisition Reform Act of 2009) Law text · (a)
• Pub. L. 111–23, §101(d)(3), inserted ", with the concurrence of the Director of Cost Assessment and Program Evaluation," after "has been submitted". (Weapon Systems Acquisition Reform Act of 2009) Law text · (a)
• Pub. L. 111–23, §201(e)(2), redesignated par. (4) as (5). (Weapon Systems Acquisition Reform Act of 2009) Law text · (a)
• Pub. L. 111–23, §204(b), designated existing provisions as par. (1), substituted "by at least 25 percent, or the program manager determines that the period of time required for the delivery of an initial operational capability is likely to exceed the schedule objective established purs… (Weapon Systems Acquisition Reform Act of 2009) Law text · (b)

2008

• Pub. L. 110–417, §813(b), renumbered section 2366b of this title as this section. (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text
• Pub. L. 110–417, §813(e)(1)(A), substituted "program" for "system". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (a), (2)
• Pub. L. 110–417, §813(e)(1)(B), substituted "if the program" for "if the system" and "such program" for "such system". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (a)
• Pub. L. 110–417, §813(e)(1)(A), substituted "program" for "system" in two places. (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (a)
• Pub. L. 110–417, §813(e)(1)(C), substituted "major defense acquisition program" for "major system", "cost of the program" for "cost of the system", "estimate for the program" for "estimate for the system", "the program concerned" for "the system concerned", and "procure the program" fo… (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (b)
• Pub. L. 110–417, §813(e)(1)(D), substituted " 'major defense acquisition program' " for " 'major system' " and "2430" for "2302(5)". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (c)