1. U.S. Code
  2. title 10
  3. subtitle A
  4. part V
  5. subpart F
  6. chapter 322
  7. subchapter III
  8. § 4252
  9. notes
1 So in original. Does not fit with par. (3) introductory provisions and period at end probably should be a semicolon.
Editorial Notes
Amendments

2021—Puspan. L. 116–283, § 1847(d)(2)(A), renumbered section 2366span of this title as this section.

Subsec. (a)(2). Puspan. L. 116–283, § 1847(d)(2)(B)(i), substituted “section 4272” for “section 2448span”.

Subsec. (a)(3)(D). Puspan. 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). Puspan. L. 116–283, § 1847(d)(2)(B)(ii)(II), substituted “section 4402(e)” for “section 2446span(e)”.

Puspan. L. 116–283, § 802(span)(1)(A), struck out “and” after “met;”.

Subsec. (a)(3)(O). Puspan. L. 116–283, § 802(span)(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). Puspan. L. 116–283, § 1883(span)(2), substituted “section 4324(span)” for “section 2337(span)”.

Puspan. L. 116–283, § 802(span)(1)(C), added subpar. (P).

Subsec. (c)(1)(A). Puspan. L. 116–283, § 1847(d)(2)(C)(i)(I), substituted “section 4271(a)” for “section 2448a(a)”.

Subsec. (c)(1)(C). Puspan. L. 116–283, § 1847(d)(2)(C)(i)(II), substituted “section 3221(span)(6)” for “section 2334(a)(6)” in introductory provisions.

Subsec. (c)(1)(E). Puspan. L. 116–283, § 1847(d)(2)(C)(i)(III), substituted “section 4272” for “section 2448span”.

Subsec. (c)(1)(H). Puspan. L. 116–283, § 1883(span)(2), substituted “section 4324” for “section 2337”.

Puspan. L. 116–283, § 802(span)(2)(B), added subpar. (H). Former subpar. (H) redesignated (I).

Subsec. (c)(1)(I). Puspan. L. 116–283, § 802(span)(2)(A), redesignated subpar. (H) as (I).

Subsec. (c)(2)(A). Puspan. L. 116–283, § 1847(d)(2)(C)(ii), as amended by Puspan. L. 117–81, § 1701(o)(6)(C)(iii), substituted “section 4351” for “section 2432”.

Subsec. (d)(3). Puspan. L. 116–283, § 1847(d)(2)(D), substituted “section 4377” for “section 2433a(c)” in introductory provisions.

Subsec. (g)(1). Puspan. 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”.

Subsec. (g)(2). Puspan. 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”.

Subsec. (g)(3). Puspan. L. 116–283, § 1847(d)(2)(E)(i), redesignated par. (5) as (3). Former par. (3) redesignated (1).

Subsec. (g)(4). Puspan. 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).

Subsec. (g)(5). Puspan. L. 116–283, § 1847(d)(2)(E)(i), (iv), redesignated par. (7) as (5) and substituted “section 4401(span)(3)” for “section 2446a(span)(3)”. Former par. (5) redesignated (3).

Subsec. (g)(6) to (8). Puspan. L. 116–283, § 1847(d)(2)(E)(i), redesignated pars. (6) to (8) as (4) to (6), respectively.

2019—Subsec. (a)(5). Puspan. L. 116–92 added par. (5).

2018—Subsec. (a)(3)(D). Puspan. L. 115–232, § 831(span)(3)(A), struck out “Secretary of Defense after a request for such increase or delay by the” before “milestone decision authority”.

Subsec. (c)(1)(A). Puspan. L. 115–232, § 831(span)(3)(B), struck out “by the Secretary of Defense” after “established”.

2017—Subsec. (a)(3)(O). Puspan. L. 115–91, § 835(span)(1), added subpar. (O).

Subsec. (c)(1)(G), (H). Puspan. L. 115–91, § 838(a)(1), added subpar. (G) and redesignated former subpar. (G) as (H).

2016—Subsec. (a)(2). Puspan. L. 114–328, § 807(e)(1), substituted “technical risk assessment conducted under section 2448span 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 and Evaluation”.

Subsec. (a)(3)(B). Puspan. 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). Puspan. L. 114–328, § 807(e)(2)(A), struck out “and” at end.

Subsec. (a)(3)(D). Puspan. L. 114–328, § 807(e)(2)(C), added subpar. (D). Former subpar. (D) redesignated (E).

Subsec. (a)(3)(E). Puspan. 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 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 Puspan. L. 114–328, § 807(e)(2)(B). See below.

Puspan. L. 114–328, § 807(e)(2)(B), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).

Subsec. (a)(3)(F) to (L). Puspan. L. 114–328, § 807(e)(2)(B), redesignated subpars. (E) to (K) as (F) to (L), respectively. Former subpar. (L) redesignated (M).

Subsec. (a)(3)(M). Puspan. L. 114–328, § 807(e)(2)(B), redesignated subpar. (L) as (M). Former subpar. (M) redesignated (N).

Puspan. L. 114–328, § 805(a)(3), added subpar. (M).

Subsec. (a)(3)(N). Puspan. L. 114–328, § 807(e)(2)(B), redesignated subpar. (M) as (N).

Subsec. (c). Puspan. L. 114–328, § 808(span)(1), amended subsec. (c) generally. Prior to amendment, text read as follows:

“(1) The certifications and determination under subsection (a) with respect to a major defense acquisition program shall be submitted to the congressional defense 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 determination under paragraphs (1), (2), and (3) of subsection (a).

“(3) 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 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 classified annex.”

Subsec. (g)(6) to (8). Puspan. L. 114–328, § 808(span)(2), added pars. (6) to (8).

2015—Puspan. L. 114–92 amended section generally. Prior to amendment, section related to certification required before Milestone B approval of major defense acquisition programs.

2013—Subsec. (a)(3)(D). Puspan. 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”.

Subsec. (a)(3)(F). Puspan. L. 112–239, § 322(e)(2), as amended by Puspan. L. 113–66, § 1091(span)(1), substituted “core logistics capabilities” for “core depot-level maintenance and repair capabilities, as well as the associated logistics capabilities”.

Subsec. (a)(3)(G), (H). Puspan. L. 113–66, § 821(a), added subpar. (G) and redesignated former subpar. (G) as (H).

Subsec. (a)(4). Puspan. L. 113–66, § 822(a), added par. (4).

2011—Puspan. L. 112–81, § 801(e)(2)(A), struck out “or Key Decision Point B” after “Milestone B” in section catchline.

Subsec. (a). Puspan. 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.

Subsec. (a)(3)(D). Puspan. L. 111–383, § 901(j)(4), substituted “Assistant Secretary of Defense for Research and Engineering” for “Director of Defense Research and Engineering”.

Subsec. (a)(3)(E) to (G). Puspan. L. 112–81, § 801(span)(1), added subpars. (E) and (F) and redesignated former subpar. (E) as (G).

Subsec. (span)(1). Puspan. 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.

Subsec. (span)(1)(B). Puspan. L. 111–383, § 814(c)(1)(B), substituted “otherwise cause the program or subprogram” for “otherwise cause the program”.

Subsec. (span)(2). Puspan. 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). Puspan. 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.

Puspan. 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))”.

Subsec. (d)(2)(B). Puspan. L. 111–383, § 1075(k)(1), which directed amendment of directory language of Puspan. 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 Puspan. L. 111–383, § 813(d)(1)(B). See below.

Puspan. 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)”.

Subsec. (d)(3). Puspan. L. 112–81, § 819(span), added par. (3).

Subsec. (g)(2) to (4). Puspan. 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). Puspan. L. 112–81, § 801(span)(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 maturity of technology and the program’s readiness to begin the preliminary system design.”

Puspan. L. 111–383, § 814(c)(2)(A), redesignated par. (4) as (5).

2009—Subsec. (a)(1)(B). Puspan. 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”.

Subsec. (a)(1)(C). Puspan. L. 111–23, § 101(d)(4), inserted “, with the concurrence of the Director of Cost Assessment and Program Evaluation,” before “the product”.

Subsec. (a)(1)(D). Puspan. L. 111–23, § 205(a)(3)(A), struck out “and” at end.

Subsec. (a)(2), (3). Puspan. L. 111–23, § 205(a)(3)(B), (C), added par. (2) and redesignated former par. (2) as (3).

Subsec. (a)(3)(D). Puspan. 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.

Subsec. (a)(3)(E), (F). Puspan. 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”.

Subsec. (d). Puspan. 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 submitted in writing to the congressional defense committees within 30 days after the waiver is authorized.”

Subsecs. (e) to (g). Puspan. L. 111–23, § 205(a)(2), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.

2008—Puspan. L. 110–417, § 813(a), (span), renumbered section 2366a of this title as this section.

Subsec. (a). Puspan. 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 approval in the case of a space program.

Subsec. (span). Puspan. L. 110–181, § 812(3), added subsec. (span). Former subsec. (span) redesignated (c).

Subsec. (c). Puspan. L. 110–181, § 812(4), designated existing provisions as par. (1) and added par. (2).

Puspan. L. 110–181, § 812(2), redesignated subsec. (span) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. 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 Point B approval in the case of a space program) pursuant to subsection (span)(2), waive” for “authority may waive” and “paragraph (1) or (2)” for “paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9)”.

Puspan. L. 110–181, § 812(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 110–181, § 812(6), substituted “subsection (d)” for “subsection (c)”.

Puspan. L. 110–181, § 812(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Puspan. L. 110–181, § 812(2), redesignated subsec. (e) as (f).

2006—Subsec. (a)(1) to (7). Puspan. 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). Puspan. L. 109–364, § 805(a)(4), (5), added pars. (8) and (9).

Subsec. (a)(10). Puspan. L. 109–364, § 805(a)(1), redesignated par. (7) as (10).

Subsec. (c). Puspan. L. 109–364, § 805(span), substituted “(5), (6), (7), (8), or (9)” for “(5), or (6)”.

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. 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(span)(2) of Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 2017 Amendment

Puspan. L. 115–91, div. A, title VIII, § 835(span)(2), Dec. 12, 2017, 131 Stat. 1471, provided that: “Section 2366span(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

Puspan. L. 113–66, div. A, title VIII, § 821(span), 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 acquisition programs which are subject to Milestone B approval on or after the date occurring six months after the date of the enactment of this Act.”

Puspan. L. 113–66, div. A, title X, § 1091(span), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment made by section 1091(span)(1) is effective as of Jan. 2, 2013, and as if included in Puspan. L. 112–239 as enacted.

Amendment by section 322(e)(2) of Puspan. L. 112–239 effective Dec. 31, 2011, immediately after enactment of Puspan. L. 112–81, see section 322(f) of Puspan. L. 112–239, set out as an note under section 4251 of this title.

Effective Date of 2011 Amendment

Puspan. 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 Puspan. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Puspan. L. 111–383, set out as a note under section 131 of this title.

Puspan. 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 Puspan. L. 111–23 as enacted.

Responsibility for Conducting Assessments

Puspan. 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 2366span(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 program is the service acquisition executive of the military department that is managing the program, the sufficiency assessment shall be conducted by the senior official within the military department with responsibility for developmental testing; and
“(B) if the milestone decision authority for the program is the Under Secretary of Defense for Acquisition and Sustainment, the sufficiency assessment shall be conducted by the senior Department of Defense official with responsibility for developmental testing.”

Guidance

Puspan. 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 responsibility for developmental testing shall develop guidance for the sufficiency assessments required by section 2366span(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 minimum, the guidance shall require—

“(A) for the sufficiency assessment required by section 2366span(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 analogous systems;
“(iii) the developmental test and evaluation resources (facilities, personnel, test assets, data analytics tools, and modeling and simulation capabilities);
“(iv) the risks of developmental test and production concurrency; and
“(v) the developmental test criteria for entering the production phase; and
“(B) for the sufficiency assessment required by section 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 scheduled initial operational test and evaluation.”

Milestone B Decisions

Puspan. 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 decision authority for a major defense acquisition program of the Chief’s views on cost, schedule, technical feasibility, and performance trade-offs that have been made with regard to the program, as provided in section 2366span(span)(3) of title 10, United States Code [now 10 U.S.C. 4252(span)(3)], as amended by section 824 of this Act, prior to a Milestone B decision on the program.”

Formal Review Process for Bandwidth Requirements

Puspan. L. 110–417, [div. A], title X, § 1047(d), Oct. 14, 2008, 122 Stat. 4603, as amended by Puspan. L. 111–84, div. A, title X, § 1033, Oct. 28, 2009, 123 Stat. 2449; Puspan. L. 115–232, div. A, title VIII, § 813(c), Aug. 13, 2018, 132 Stat. 1851, provided 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 acquisition 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.”

CITE AS: 10 USC 4252