10 U.S.C. 4252: Major defense acquisition programs: factors to be considered before Milestone B approval

2024

• Pub. L. 118–159, §807(1), substituted "factors to be considered before" for "certification required before" in section catchline. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text
• Pub. L. 118–159, §807(4), added subsec. (a). Former subsec. (a) redesignated (b). (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (a)
• Pub. L. 118–159, §807(3), (5), redesignated subsec. (a) as (b) and amended it generally. Prior to amendment, subsec. related to certifications and determinations required for Milestone B approval. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (b)
• Pub. L. 118–159, §807(6), added subsec. (c). Former subsec. (c) redesignated (e). (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (c)
• Pub. L. 118–159, §807(7)(A), substituted "Basis for Milestone Approval" for "Certifications or Determination" in heading. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
• 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 requirements to a major defense acquisition program in order to meet critical national security objectives. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
• Pub. L. 118–159, §807(7)(B)(i), in introductory provisions, substituted "a written record of the milestone decision under subsection (c)" for "certifications or a determination under subsection (a)". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
• Pub. L. 118–159, §807(7)(B)(ii), substituted "decision of the milestone decision authority" for "certifications or determination of the milestone decision authority" and "decision specified in subsection (b)" for "certifications or determination specified in paragraph (1), (2), o… (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
• Pub. L. 118–159, §807(7)(B)(iii), substituted "such decision" for "such certifications or determination". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
• Pub. L. 118–159, §807(7)(C), struck out "withdraw the certifications or determination concerned or" after "milestone decision authority may" and substituted "approval is" for "certifications, determination, or approval are". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
• 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 subsec. (e) struck out. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (e)
• Pub. L. 118–159, §807(2), struck out subsec. (e). Text read as follows: "Any budget request, budget justification material, budget display, reprogramming request, Selected Acquisition Report, or other budget documentation or performance report submitted by the Secretary of Defense to the President … (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (e)
• 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 certification requirement under subsection (a) or the authority to waive any… (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (f)
• 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. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (f)

2021

• Pub. L. 116–283, §1847(d)(2)(A), renumbered section 2366b 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)(2)(B)(i), substituted "section 4272" for "section 2448b". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (a)
• 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)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (a)
• Pub. L. 116–283, §1847(d)(2)(B)(ii)(II), substituted "section 4402(e)" for "section 2446b(e)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (a)
• Pub. L. 116–283, §802(b)(1)(A), struck out "and" after "met;". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (a)
• 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. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (a)
• Pub. L. 116–283, §1883(b)(2), substituted "section 4324(b)" for "section 2337(b)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (a)
• Pub. L. 116–283, §802(b)(1)(C), added subpar. (P). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (a)
• Pub. L. 116–283, §1847(d)(2)(C)(i)(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)(2)(C)(i)(II), substituted "section 3221(b)(6)" for "section 2334(a)(6)" in introductory provisions. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
• Pub. L. 116–283, §1847(d)(2)(C)(i)(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, §1883(b)(2), substituted "section 4324" for "section 2337". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
• Pub. L. 116–283, §802(b)(2)(B), added subpar. (H). Former subpar. (H) redesignated (I). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
• Pub. L. 116–283, §802(b)(2)(A), redesignated subpar. (H) as (I). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
• Pub. L. 116–283, §1847(d)(2)(C)(ii), as amended by Pub. L. 117–81, §1701(o)(6)(C)(iii), substituted "section 4351" for "section 2432". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
• Pub. L. 116–283, §1847(d)(2)(D), substituted "section 4377" for "section 2433a(c)" in introductory provisions. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (d)
• Pub. L. 116–283, §1847(d)(2)(E)(i), redesignated par. (3) as (1) 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 · (g)
• Pub. L. 116–283, §1847(d)(2)(E)(i), (ii), redesignated par. (4) as (2), substituted "section 4172(e)(7)" for "section 2366(e)(7)", and struck out former par. (2) which defined "designated major subprogram". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (g)
• Pub. L. 116–283, §1847(d)(2)(E)(i), redesignated par. (5) as (3). Former par. (3) redesignated (1). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (g)
• 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) redesignated (2). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (g)
• 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) redesignated (3). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (g)
• Pub. L. 116–283, §1847(d)(2)(E)(i), redesignated pars. (6) to (8) as (4) to (6), respectively. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (g)

2019

• Pub. L. 116–92 added par. (5). (National Defense Authorization Act for Fiscal Year 2020) Law text · (a)

2018

• 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 decision authority". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (a)
• Pub. L. 115–232, §831(b)(3)(B), struck out "by the Secretary of Defense" after "established". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (c)

2017

• Pub. L. 115–91, §835(b)(1), added subpar. (O). (National Defense Authorization Act for Fiscal Year 2018) Law text · (a)
• Pub. L. 115–91, §838(a)(1), added subpar. (G) and redesignated former subpar. (G) as (H). (National Defense Authorization Act for Fiscal Year 2018) Law text · (c), (H)

2016

• Pub. L. 114–328, §807(e)(1), substituted "technical risk assessment conducted under section 2448b of this title" for "assessment by the Assistant Secretary of Defense for Research and Engineering, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test … (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• 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;". (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• Pub. L. 114–328, §807(e)(2)(A), struck out "and" at end. (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• Pub. L. 114–328, §807(e)(2)(C), added subpar. (D). Former subpar. (D) redesignated (E). (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• Pub. L. 114–328, §843(2), which directed amendment of subpar. (D) by substituting "funding 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 subst… (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• Pub. L. 114–328, §807(e)(2)(B), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F). (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• Pub. L. 114–328, §807(e)(2)(B), redesignated subpars. (E) to (K) as (F) to (L), respectively. Former subpar. (L) redesignated (M). (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• Pub. L. 114–328, §807(e)(2)(B), redesignated subpar. (L) as (M). Former subpar. (M) redesignated (N). (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• Pub. L. 114–328, §805(a)(3), added subpar. (M). (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• Pub. L. 114–328, §807(e)(2)(B), redesignated subpar. (M) as (N). (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• Pub. L. 114–328, §808(b)(1), amended subsec. (c) generally. Prior to amendment, text read as follows: (National Defense Authorization Act for Fiscal Year 2017) Law text · (c)
• Pub. L. 114–328, §808(b)(2), added pars. (6) to (8). (National Defense Authorization Act for Fiscal Year 2017) Law text · (g)

2015

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

2013

• Pub. L. 112–239, §904(e)(2), substituted "the Assistant Secretary of Defense for Research and Engineering, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation" for "the Assistant Secretary of Defense for Research and Engineering". (National Defense Authorization Act for Fiscal Year 2013) Law text · (a)
• Pub. L. 112–239, §322(e)(2), as amended by Pub. L. 113–66, §1091(b)(1), substituted "core logistics capabilities" for "core depot-level maintenance and repair capabilities, as well as the associated logistics capabilities". (National Defense Authorization Act for Fiscal Year 2013) Law text · (a)
• Pub. L. 113–66, §821(a), added subpar. (G) and redesignated former subpar. (G) as (H). (National Defense Authorization Act for Fiscal Year 2014) Law text · (a), (H)
• Pub. L. 113–66, §822(a), added par. (4). (National Defense Authorization Act for Fiscal Year 2014) Law text · (a)

2011

• Pub. L. 112–81, §801(e)(2)(A), struck out "or Key Decision Point B" after "Milestone B" in section catchline. (National Defense Authorization Act for Fiscal Year 2012) Law text
• 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 introductory provisions. (National Defense Authorization Act for Fiscal Year 2012) Law text · (a)
• Pub. L. 111–383, §901(j)(4), substituted "Assistant Secretary of Defense for Research and Engineering" for "Director of Defense Research and Engineering". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (a)
• Pub. L. 112–81, §801(b)(1), added subpars. (E) and (F) and redesignated former subpar. (E) as (G). (National Defense Authorization Act for Fiscal Year 2012) Law text · (a)
• Pub. L. 111–383, §814(c)(1)(A), substituted "any changes to the program or a designated major subprogram of such program" for "any changes to the program" in introductory provisions. (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (b)
• Pub. L. 111–383, §814(c)(1)(B), substituted "otherwise cause the program or subprogram" for "otherwise cause the program". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (b)
• 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". (National Defense Authorization Act for Fiscal Year 2012) Law text · (b)
• 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. (National Defense Authorization Act for Fiscal Year 2012) Law text · (d)
• Pub. L. 111–383, §813(d)(1)(A), substituted "(as specified in paragraph (1), (2), or (3) of subsection (a))" for "(as specified in paragraph (1) or (2) of subsection (a))". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (d)
• Pub. L. 111–383, §1075(k)(1), which directed amendment of directory language of Pub. L. 111–23, §205(a)(1)(B), resulting in substitution of "paragraphs (1), (2), and (3)" for "paragraphs (1) and (2)" in text, was not executed because of the prior identical amendment by Pub. L. 11… (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (d)
• Pub. L. 111–383, §813(d)(1)(B), substituted "specified in paragraphs (1), (2), and (3) of subsection (a)" for "specified in paragraphs (1) and (2) of subsection (a)". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (d)
• Pub. L. 112–81, §819(b), added par. (3). (National Defense Authorization Act for Fiscal Year 2012) Law text · (d)
• 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). (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (g)
• 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 program of the Department of Defense, which triggers a formal review to determine matu… (National Defense Authorization Act for Fiscal Year 2012) Law text · (g)
• Pub. L. 111–383, §814(c)(2)(A), redesignated par. (4) as (5). (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (g)

2009

• Pub. L. 111–23, §201(f), inserted "appropriate trade-offs among cost, schedule, and performance objectives have been made to ensure that" before "the program is affordable". (Weapon Systems Acquisition Reform Act of 2009) Law text · (a)
• Pub. L. 111–23, §101(d)(4), inserted ", with the concurrence of the Director of Cost Assessment and Program Evaluation," before "the product". (Weapon Systems Acquisition Reform Act of 2009) Law text · (a)
• Pub. L. 111–23, §205(a)(3)(A), struck out "and" at end. (Weapon Systems Acquisition Reform Act of 2009) Law text · (a)
• Pub. L. 111–23, §205(a)(3)(B), (C), added par. (2) and redesignated former par. (2) as (3). (Weapon Systems Acquisition Reform Act of 2009) Law text · (a), (3)
• Pub. L. 111–23, §205(a)(3)(D)(i), substituted ", as determined by the Milestone Decision Authority on the basis of an independent review and assessment by the Director of Defense Research and Engineering; and" for semicolon. (Weapon Systems Acquisition Reform Act of 2009) Law text · (a)
• 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 intended mission; and". (Weapon Systems Acquisition Reform Act of 2009) Law text · (a), (F)
• Pub. L. 111–23, §205(a)(1), designated existing 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 determination shall be submitte… (Weapon Systems Acquisition Reform Act of 2009) Law text · (d)
• Pub. L. 111–23, §205(a)(2), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. (Weapon Systems Acquisition Reform Act of 2009) Law text · (e), (f), (g)

2008

• Pub. L. 110–417, §813(a), (b), renumbered section 2366a of this title as this section. (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text
• 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 acquisition program to receive Milestone B approval, or Key Decision Point B app… (National Defense Authorization Act for Fiscal Year 2008) Law text · (a)
• Pub. L. 110–181, §812(3), added subsec. (b). Former subsec. (b) redesignated (c). (National Defense Authorization Act for Fiscal Year 2008) Law text · (b)
• Pub. L. 110–181, §812(4), designated existing provisions as par. (1) and added par. (2). (National Defense Authorization Act for Fiscal Year 2008) Law text · (c)
• Pub. L. 110–181, §812(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). (National Defense Authorization Act for Fiscal Year 2008) Law text · (c)
• Pub. L. 110–181, §812(5), substituted "authority 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 Milestone B approval (or Key Decision … (National Defense Authorization Act for Fiscal Year 2008) Law text · (d)
• Pub. L. 110–181, §812(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). (National Defense Authorization Act for Fiscal Year 2008) Law text · (d)
• Pub. L. 110–181, §812(6), substituted "subsection (d)" for "subsection (c)". (National Defense Authorization Act for Fiscal Year 2008) Law text · (e)
• Pub. L. 110–181, §812(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). (National Defense Authorization Act for Fiscal Year 2008) Law text · (e)
• Pub. L. 110–181, §812(2), redesignated subsec. (e) as (f). (National Defense Authorization Act for Fiscal Year 2008) Law text · (f)

2006

• 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). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (a)
• Pub. L. 109–364, §805(a)(4), (5), added pars. (8) and (9). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (a), (9)
• Pub. L. 109–364, §805(a)(1), redesignated par. (7) as (10). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (a)
• Pub. L. 109–364, §805(b), substituted "(5), (6), (7), (8), or (9)" for "(5), or (6)". (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (c)