Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "10 U.S.C. § 4212"
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description: "Risk management and mitigation in major defense acquisition programs and major systems"
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chapter_number: "322"
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chapter_name: "MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY"
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section: "4212"
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---
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# 10 U.S.C. § 4212 - Risk management and mitigation in major defense acquisition programs and major systems
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## Text
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(a) Requirement.— The Secretary of Defense shall ensure that the initial acquisition strategy (required under section 4211 of this title) approved by the milestone decision authority and any subsequent revisions include the following:
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(1) A comprehensive approach for managing and mitigating risk (including technical, cost, and schedule risk) during each of the following periods or when determined appropriate by the milestone decision authority:
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(A) The period preceding engineering manufacturing development, or its equivalent.
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(B) The period preceding initial production.
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(C) The period preceding full-rate production.
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(2) An identification of the major sources of risk in each of the periods listed in paragraph (1) to improve programmatic decisionmaking and appropriately minimize and manage program concurrency.
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(b) Approach to Manage and Mitigate Risks.— The comprehensive approach to manage and mitigate risk included in the acquisition strategy for purposes of subsection (a)(1) shall, at a minimum, include consideration of risk mitigation techniques such as the following:
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(1) Prototyping (including prototyping at the system, subsystem, or component level and competitive prototyping, where appropriate) and, if prototyping at either the system, subsystem, or component level is not used, an explanation of why it is not appropriate.
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(2) Modeling and simulation, the areas that modeling and simulation will assess, and identification of the need for development of any new modeling and simulation tools in order to support the comprehensive strategy.
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(3) Technology demonstrations and decision points for disciplined transition of planned technologies into programs or the selection of alternative technologies.
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(4) Multiple design approaches.
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(5) Alternative designs, including any designs that meet requirements but do so with reduced performance.
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(6) Phasing of program activities or related technology development efforts in order to address high-risk areas as early as feasible.
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(7) Manufacturability and industrial base availability.
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(8) Independent risk element assessments by outside subject matter experts.
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(9) Schedule and funding margins for identified risks.
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(c) Preference for Prototyping.— To the maximum extent practicable and consistent with the economical use of available financial resources, the milestone decision authority for each major defense acquisition program shall ensure that the acquisition strategy for the program provides for—
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(1) the production of competitive prototypes at the system or subsystem level before Milestone B approval; or
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(2) if the production of competitive prototypes is not practicable, the production of single prototypes at the system or subsystem level.
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(d) Concurrency Defined.— In this section, the term “concurrency” means, with respect to an acquisition strategy, the combination or overlap of program phases or activities.
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(Added Pub. L. 114–92, div. A, title VIII, § 822(a)(1), Nov. 25, 2015, 129 Stat. 900, § 2431b; amended Pub. L. 114–328, div. A, title X, § 1081(a)(7), Dec. 23, 2016, 130 Stat. 2417; renumbered § 4212 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(b)(3), Jan. 1, 2021, 134 Stat. 4254.)
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## Notes
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Editorial Notes
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Amendments2021—Pub. L. 116–283, § 1847(b)(3), renumbered section 2431b of this title as this section. Subsec. (a). Pub. L. 116–283, § 1847(b)(3)(A), substituted “section 4211” for “section 2431a”. Subsec. (d). Pub. L. 116–283, § 1847(b)(3)(B), substituted “Concurrency Defined” for “Definitions” in subsec. heading, struck out par. (1) designation and heading, substituted “In this section, the term” for “The term”, and struck out par. (2) which defined “major defense acquisition program” and “major system”. 2016—Subsec. (d). Pub. L. 114–328 amended subsec. (d) generally. Prior to amendment, subsec. (d) defined terms “major defense acquisition program” and “major system”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment 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.
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---
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type: "LegalText"
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title: "10 U.S.C. § 4231"
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description: "Major systems: determination of quantity for low-rate initial production"
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---
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# 10 U.S.C. § 4231 - Major systems: determination of quantity for low-rate initial production
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## Text
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(a) Determination of Quantities To Be Procured for Low-Rate Initial Production.— (1) In the course of the development of a major system, the determination of what quantity of articles of that system should be procured for low-rate initial production (including the quantity to be procured for preproduction verification articles) shall be made—
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(A) when the milestone B decision with respect to that system is made; and
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(B) by the official of the Department of Defense who makes that decision.
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(2) In this section, the term “milestone B decision” means the decision to approve the system development and demonstration of a major system by the official of the Department of Defense designated to have the authority to make that decision.
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(3) Any increase from a quantity determined under paragraph (1) may only be made with the approval of the official making the determination.
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(4) The quantity of articles of a major system that may be procured for low-rate initial production may not be less than one operationally configured production unit unless another quantity is established at the milestone B decision.
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(5) The Secretary of Defense shall include a statement of the quantity determined under paragraph (1) in the first SAR submitted with respect to the program concerned after that quantity is determined. If the quantity exceeds 10 percent of the total number of articles to be produced, as determined at the milestone B decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity. For purposes of this paragraph, the term “SAR” means a Selected Acquisition Report submitted under section 4351 of this title.
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(b) Low-Rate Initial Production of Weapon Systems.— Except as provided in subsection (c), low-rate initial production with respect to a new system is production of the system in the minimum quantity necessary—
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(1) to provide production-configured or representative articles for operational tests pursuant to section 4171 of this title;
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(2) to establish an initial production base for the system; and
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(3) to permit an orderly increase in the production rate for the system sufficient to lead to full-rate production upon the successful completion of operational testing.
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(c) Low-Rate Initial Production of Naval Vessel and Satellite Programs.— With respect to naval vessel programs and military satellite programs, low-rate initial production is production of items at the minimum quantity and rate that (1) preserves the mobilization production base for that system, and (2) is feasible, as determined pursuant to regulations prescribed by the Secretary of Defense.
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(Added Pub. L. 101–189, div. A, title VIII, § 803(a), Nov. 29, 1989, 103 Stat. 1487, § 2400; amended Pub. L. 103–355, title III, § 3015, Oct. 13, 1994, 108 Stat. 3332; Pub. L. 104–106, div. A, title X, § 1062(d), div. D, title XLIII, § 4321(b)(13), Feb. 10, 1996, 110 Stat. 444, 673; Pub. L. 107–107, div. A, title VIII, § 821(c), Dec. 28, 2001, 115 Stat. 1182; renumbered § 4231 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(c)(1), Jan. 1, 2021, 134 Stat. 4254; Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(C)(ii), Dec. 27, 2021, 135 Stat. 2147.)
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## Notes
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Editorial Notes
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Amendments2021—Pub. L. 116–283, § 1847(c)(1)(B), amended section catchline generally. Prior to amendment, section catchline read as follows: “Low-rate initial production of new systems”. Pub. L. 116–283, § 1847(c)(1)(A), renumbered section 2400 of this title as this section. Subsec. (a)(5). Pub. L. 116–283, § 1847(c)(1)(A)(i), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(ii), substituted “section 4351” for “section 2432”. Subsec. (b)(1). Pub. L. 116–283, § 1847(c)(1)(A)(ii), substituted “section 4171” for “section 2399”. 2001—Subsec. (a)(1)(A). Pub. L. 107–107, § 821(c)(1), substituted “milestone B” for “milestone II”. Subsec. (a)(2). Pub. L. 107–107 substituted “milestone B” for “milestone II” and “system development and demonstration” for “engineering and manufacturing development”. Subsec. (a)(4), (5). Pub. L. 107–107, § 821(c)(1), substituted “milestone B” for “milestone II”. 1996—Subsec. (a)(5). Pub. L. 104–106, § 4321(b)(13), substituted “this paragraph” for “the preceding sentence”. Subsec. (c). Pub. L. 104–106, § 1062(d), struck out “(1)” before “With respect to”, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, and struck out former par. (2) which read as follows: “For each naval vessel program and military satellite program, the Secretary of Defense shall submit to Congress a report providing— “(A) an explanation of the rate and quantity prescribed for low-rate initial production and the considerations in establishing that rate and quantity; “(B) a test and evaluation master plan for that program; and “(C) an acquisition strategy for that program that has been approved by the Secretary, to include the procurement objectives in terms of total quantity of articles to be procured and annual production rates.” 1994—Subsec. (a)(2). Pub. L. 103–355, § 3015(1), substituted “this section” for “paragraph (1)” and “engineering and manufacturing development” for “full-scale engineering development”. Subsec. (a)(4). Pub. L. 103–355, § 3015(2), (3), added par. (4) and redesignated former par. (4) as (5). Subsec. (a)(5). Pub. L. 103–355, § 3015(2), redesignated par. (4) as (5) and inserted after first sentence “If the quantity exceeds 10 percent of the total number of articles to be produced, as determined at the milestone II decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity.”
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included 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.
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Effective Date of 1996 AmendmentFor effective date and applicability of amendment by section 4321(b)(13) of Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of this title.
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---
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---
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# 10 U.S.C. § 4232 - Prohibition on use of lowest price technically acceptable source selection process
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## Text
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(a) In General.— The Department of Defense shall not use a lowest price technically acceptable source selection process for the engineering and manufacturing development contract of a major defense acquisition program.
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(b) Definitions.— In this section:
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(1) Lowest price technically acceptable source selection process.— The term “lowest price technically acceptable source selection process” has the meaning given that term in part 15 of the Federal Acquisition Regulation.
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(2) Engineering and manufacturing development contract.— The term “engineering and manufacturing development contract” means a prime contract for the engineering and manufacturing development of a major defense acquisition program.
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(Added Pub. L. 115–91, div. A, title VIII, § 832(a)(1), Dec. 12, 2017, 131 Stat. 1468, § 2442; renumbered § 4232 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(c)(2), Jan. 1, 2021, 134 Stat. 4254.)
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## Notes
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Editorial Notes
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Amendments2021—Pub. L. 116–283 renumbered section 2442 of this title as this section and, in subsec. (b), redesignated par. (3) as (2) and struck out former par. (2) which defined “major defense acquisition program”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment 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.
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Effective DatePub. L. 115–91, div. A, title VIII, § 832(b), Dec. 12, 2017, 131 Stat. 1468, provided that: “The requirements of section 2442 of title 10, United States Code [now 10 U.S.C. 4232], as added by subsection (a), shall apply to major defense acquisition programs for which budgetary authority is requested for fiscal year 2019 or a subsequent fiscal year.”
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---
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title: "10 U.S.C. § 4236"
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---
|
||||
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||||
# 10 U.S.C. § 4236 - Negotiation of price for technical data before development, production, or sustainment of major weapon systems
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## Text
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||||
The Secretary of Defense shall ensure, to the maximum extent practicable, that the Department of Defense, before selecting a contractor for the engineering and manufacturing development of a major weapon system, production of a major weapon system, or sustainment of a major weapon system, negotiates a price for technical data to be delivered under a contract for such development, production, or sustainment.
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(Added Pub. L. 115–91, div. A, title VIII, § 835(a)(1), Dec. 12, 2017, 131 Stat. 1471, § 2439; amended Pub. L. 115–232, div. A, title VIII, § 867, Aug. 13, 2018, 132 Stat. 1901; renumbered § 4236, Pub. L. 116–283, div. A, title XVIII, § 1847(c)(3), Jan. 1, 2021, 134 Stat. 4254.)
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## Notes
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Editorial Notes
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Amendments2021—Pub. L. 116–283 renumbered section 2439 of this title as this section. 2018—Pub. L. 115–232, § 867(4), substituted “, production, or sustainment” for “or production” in section catchline. Pub. L. 115–232, § 867(1)–(3), inserted “, to the maximum extent practicable,” after “shall ensure” and substituted “production of a major weapon system, or sustainment of a major weapon system” for “or for the production of a major weapon system” and “, production, or sustainment” for “or production”.
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Statutory Notes and Related Subsidiaries
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|
||||
Effective Date of 2021 AmendmentAmendment 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.
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Effective DatePub. L. 115–91, div. A, title VIII, § 835(a)(3), Dec. 12, 2017, 131 Stat. 1471, provided that: “Section 2439 of title 10, United States Code [now 10 U.S.C. 4236], as added by paragraph (1), shall apply with respect to any contract for engineering and manufacturing development of a major weapon system, or for the production of a major weapon system, for which the contract solicitation is issued on or after the date occurring one year after the date of the enactment of this Act [Dec. 12, 2017].”
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---
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type: "LegalText"
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title: "10 U.S.C. § 4253"
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description: "Major defense acquisition programs: submissions to Congress on Milestone C"
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chapter_number: "322"
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chapter_name: "MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY"
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section: "4253"
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4253 - Major defense acquisition programs: submissions to Congress on Milestone C
|
||||
|
||||
## Text
|
||||
|
||||
(a) Brief Summary Report.— Not later than 15 days after granting Milestone C approval for a major defense acquisition program, the milestone 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 contains the following:
|
||||
|
||||
(1) The estimated cost and schedule for the program established by the military department concerned, including—
|
||||
|
||||
(A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and
|
||||
|
||||
(B) the planned dates for initial operational test and evaluation and initial operational capability.
|
||||
|
||||
(2) The independent estimated cost for the program established pursuant to section 3221(b)(6) of this title, and any independent estimated schedule for the program, including—
|
||||
|
||||
(A) the dollar values estimated for the program acquisition unit cost, average procurement unit cost, and total life-cycle cost; and
|
||||
|
||||
(B) the planned dates for initial operational test and evaluation and initial operational capability.
|
||||
|
||||
(3) A summary of any production, manufacturing, 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 methodologies.
|
||||
|
||||
(b) Additional Information.— At the request of any of the congressional defense committees or, in the case of intelligence or intelligence-related activities, the congressional intelligence committees, the milestone decision authority shall submit to the committee further information or underlying documentation for the information 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 “congressional intelligence committees” has the meaning 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; renumbered § 4253 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(d)(3), Jan. 1, 2021, 134 Stat. 4256.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—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 introductory 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 Congress, notwithstanding language directing this section be inserted after section 4252 of this title “as transferred 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 AmendmentAmendment 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; GuidanceFor provisions designating officials responsible for conducting assessments and provisions requiring guidance for assessments under subsec. (a)(4) of this section, see section 838(a)(3), (4) of Pub. L. 115–91, set out as notes under section 4252 of this title.
|
||||
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|
||||
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|
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|
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|
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||||
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4271 - Program cost, fielding, and performance goals in planning major defense acquisition programs
|
||||
|
||||
## Text
|
||||
|
||||
(a) Program Cost and Fielding Targets.— (1) Before funds are obligated for technology development, systems development, or production of a major defense acquisition program, the designated 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 anticipates 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 capability (referred to in this section as the “fielding target”); and
|
||||
|
||||
(C) technology maturation, prototyping, and a modular open system approach to evolve system capabilities and improve interoperability.
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—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), substituted “section 4351(a)(2)” for “section 2432(a)(2)”. Subsec. (b)(2). Pub. L. 116–283, § 1847(e)(1)(B), substituted “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 milestone decision authority for the program shall ensure, by establishing the goals described in paragraph (2), that the program” for “Secretary of Defense shall ensure, 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), redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “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 AmendmentAmendment by Pub. L. 117–81 applicable as if included 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 DatePub. L. 114–328, div. A, title VIII, § 807(a)(2), Dec. 23, 2016, 130 Stat. 2261, provided that: “[Former] Subchapter 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 TargetsPub. 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, which required the establishment of a process to develop program cost and fielding targets pursuant to section 4271 of this title, was repealed by Pub. L. 119–60, div. A, title VIII, § 811(b)(7), Dec. 18, 2025, 139 Stat. 948.
|
||||
|
||||
Configuration Steering Boards for Cost Control Under Major Defense Acquisition ProgramsPub. 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, which required each Secretary of a military department to establish one or more Configuration Steering Boards for the major defense acquisition programs of such department, was repealed by Pub. L. 119–60, div. A, title VIII, § 811(b)(14)(D), Dec. 18, 2025, 139 Stat. 949.
|
||||
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 4272 - Independent technical risk assessments
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— With respect to a major defense acquisition program, the Secretary of Defense shall conduct or approve independent technical risk assessments before any decision to grant Milestone B approval for the program pursuant 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 successfully demonstrated in a relevant environment.
|
||||
|
||||
(b) Guidance.— The Secretary shall issue guidance and a framework for the conduct, execution, and approval of independent technical risk assessments.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title VIII, § 807(a)(1), Dec. 23, 2016, 130 Stat. 2261, § 2448b; amended Pub. L. 116–92, div. A, title IX, § 902(73), Dec. 20, 2019, 133 Stat. 1552; renumbered § 4272 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(e)(2), Jan. 1, 2021, 134 Stat. 4256; Pub. L. 118–159, div. A, title VIII, § 806(b)(1), Dec. 23, 2024, 138 Stat. 1974.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2024—Subsec. (a). Pub. L. 118–159 struck out dash after “risk assessments” and par. (2) designation before “before any decision” and struck out par. (1) which read as follows: “before any decision to grant Milestone A approval for the program pursuant to section 4251 of this title, that identifies critical technologies and manufacturing processes that need to be matured; and”. 2021—Pub. L. 116–283, § 1847(e)(2), renumbered section 2448b of this title as this section. Subsec. (a)(1). Pub. L. 116–283, § 1847(e)(2)(A), substituted “section 4251” for “section 2366a”. Subsec. (a)(2). Pub. L. 116–283, § 1847(e)(2)(B), substituted “section 4252” for “section 2366b”. 2019—Pub. L. 116–92 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows: “(a) In General.—With respect to a major defense acquisition program, the Secretary of Defense shall ensure that an independent technical risk assessment is conducted— “(1) before any decision to grant Milestone A approval for the program pursuant to section 2366a of this title, that identifies critical technologies and manufacturing processes that need to be matured; and “(2) before any decision to grant Milestone B approval for the program pursuant to section 2366b 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 successfully demonstrated in a relevant environment. “(b) Categorization of Technical Risk Levels.—The Secretary shall issue guidance and a framework for categorizing the degree of technical and manufacturing risk in a major defense acquisition program.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment 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 DateSection applicable with respect to major defense acquisition programs that reach Milestone A after Oct. 1, 2017, see section 807(a)(2) of Pub. L. 114–328, set out as a note under section 4271 of this title.
|
||||
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|
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---
|
||||
|
||||
# 10 U.S.C. § 4273 - Performance assessments and root cause analyses
|
||||
|
||||
## Text
|
||||
|
||||
(a) Designation of Senior Official Responsibility for Performance Assessments and Root Cause Analyses.— (1) In general.— The Secretary of Defense shall designate a senior official in the Office of the Secretary of Defense as the principal official of the Department of Defense responsible for conducting and overseeing performance assessments and root cause analyses for major defense acquisition programs.
|
||||
|
||||
(2) No program execution responsibility.— The Secretary shall ensure that the senior official designated under paragraph (1) is not responsible for program execution.
|
||||
|
||||
(3) Staff and resources.— The Secretary shall assign to the senior official designated under paragraph (1) appropriate staff and resources necessary to carry out the senior official’s function under this section.
|
||||
|
||||
(b) Responsibilities.— The senior official designated under subsection (a) shall be responsible for the following:
|
||||
|
||||
(1) Carrying out performance assessments of major defense acquisition programs in accordance with the requirements of subsection (c) periodically or when requested by the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Secretary of a military department, or the head of a Defense Agency.
|
||||
|
||||
(2) Conducting root cause analyses for major defense acquisition programs in accordance with the requirements of subsection (d) when required by section 4376(a)(1) of this title, or when requested by the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Secretary of a military department, or the head of a Defense Agency.
|
||||
|
||||
(3) Issuing policies, procedures, and guidance governing the conduct of performance assessments and root cause analyses by the military departments and the Defense Agencies.
|
||||
|
||||
(4) Evaluating the utility of performance metrics used to measure the cost, schedule, and performance of major defense acquisition programs, and making such recommendations to the Secretary of Defense as the official considers appropriate to improve such metrics.
|
||||
|
||||
(5) Advising acquisition officials on performance issues regarding a major defense acquisition program that may arise—
|
||||
|
||||
(A) before certification under sections 4376 and 4377 of this title;
|
||||
|
||||
(B) before entry into full-rate production; or
|
||||
|
||||
(C) in the course of consideration of any decision to request authorization of a multiyear procurement contract for the program.
|
||||
|
||||
(c) Performance Assessments.— For purposes of this section, a performance assessment with respect to a major defense acquisition program is an evaluation of the following:
|
||||
|
||||
(1) The cost, schedule, and performance of the program, relative to current metrics, including performance requirements and baseline descriptions.
|
||||
|
||||
(2) The extent to which the level of program cost, schedule, and performance predicted relative to such metrics is likely to result in the timely delivery of a level of capability to the warfighter that is consistent with the level of resources to be expended and provides superior value to alternative approaches that may be available to meet the same military requirement.
|
||||
|
||||
(d) Root Cause Analyses.— For purposes of this section and sections 4376 and 4377 of this title, a root cause analysis with respect to a major defense acquisition program is an assessment of the underlying cause or causes of shortcomings in cost, schedule, or performance of the program, including the role, if any, of—
|
||||
|
||||
(1) unrealistic performance expectations;
|
||||
|
||||
(2) unrealistic baseline estimates for cost or schedule;
|
||||
|
||||
(3) immature technologies or excessive manufacturing or integration risk;
|
||||
|
||||
(4) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance;
|
||||
|
||||
(5) changes in procurement quantities;
|
||||
|
||||
(6) inadequate program funding or funding instability;
|
||||
|
||||
(7) poor performance by government or contractor personnel responsible for program management; or
|
||||
|
||||
(8) any other matters.
|
||||
|
||||
(e) Support of Applicable Capabilities and Expertise.— The Secretary of Defense shall ensure that the senior official designated under subsection (a) has the support of other Department of Defense officials with relevant capabilities and expertise needed to carry out the requirements of this section.
|
||||
|
||||
(Added and amended Pub. L. 111–383, div. A, title IX, § 901(d), (k)(1)(F), Jan. 7, 2011, 124 Stat. 4321, 4325, § 2438; Pub. L. 112–239, div. A, title X, § 1076(f)(27), Jan. 2, 2013, 126 Stat. 1953; Pub. L. 114–92, div. A, title X, § 1077(b), Nov. 25, 2015, 129 Stat. 998; Pub. L. 116–92, div. A, title IX, § 902(72), Dec. 20, 2019, 133 Stat. 1551; renumbered § 4273 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(e)(3), Jan. 1, 2021, 134 Stat. 4256; Pub. L. 117–81, div. A, title XVII, § 1701(b)(16)(B), Dec. 27, 2021, 135 Stat. 2134; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(34), Dec. 22, 2023, 137 Stat. 685; Pub. L. 118–159, div. A, title XVII, § 1701(a)(44), Dec. 23, 2024, 138 Stat. 2206.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 103 of Pub. L. 111–23, formerly set out as a note under section 2430 of this title, which was transferred to chapter 144 of this title, renumbered as section 2438, and amended by Pub. L. 111–383, § 901(d), (k)(1)(F), and subsequently renumbered as this section and amended by Pub. L. 116–283, § 1847(e)(3), was based on Pub. L. 111–23, title I, § 103, May 22, 2009, 123 Stat. 1715.
|
||||
|
||||
Amendments2024—Subsec. (d). Pub. L. 118–159 substituted “4376” for “4736”. 2023—Subsec. (b)(5)(A). Pub. L. 118–31 substituted “sections 4376” for “sections 4736”. 2021—Pub. L. 116–283, § 1847(e)(3), renumbered section 2438 of this title as this section. Subsec. (b)(2). Pub. L. 116–283, § 1847(e)(3)(A), as amended by Pub. L. 117–81, § 1701(b)(16)(B), substituted “section 4376(a)(1)” for “section 2433a(a)(1)”. Subsec. (b)(5)(A). Pub. L. 116–283, § 1847(e)(3)(B), substituted “sections 4736 and 4377” for “section 2433a”. Subsec. (d). Pub. L. 116–283, § 1847(e)(3)(B), substituted “sections 4736 and 4377” for “section 2433a” in introductory provisions. 2019—Subsec. (b)(1), (2). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology and Logistics”. 2015—Subsec. (f). Pub. L. 114–92 struck out subsec. (f) which related to annual report. 2013—Subsec. (a)(3). Pub. L. 112–239 inserted “the senior” before “official’s”. 2011—Pub. L. 111–383, § 901(k)(1)(F), substituted “Performance assessments and root cause analyses” for “performance assessments and root cause analyses for major defense acquisition programs” in section catchline. Pub. L. 111–383, § 901(d), transferred section 103 of Pub. L. 111–23 to this chapter and renumbered it as this section. See Codification note above. Subsec. (b)(2). Pub. L. 111–383, § 901(d)(1), substituted “section 2433a(a)(1) of this title” for “section 2433a(a)(1) of title 10, United States Code (as added by section 206(a) of this Act)”. Subsec. (b)(5)(A). Pub. L. 111–383, § 901(d)(2), substituted “before” for “prior to” and “section 2433a of this title” for “section 2433a of title 10, United States Code (as so added)”. Subsec. (b)(5)(B). Pub. L. 111–383, § 901(d)(2)(B), substituted “before” for “prior to”. Subsec. (d). Pub. L. 111–383, § 901(d)(3), substituted “section 2433a of this title” for “section 2433a of title 10, United States Code (as so added)” in introductory provisions. Subsec. (f). Pub. L. 111–383, § 901(d)(4), struck out “beginning in 2010,” after “each year,”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included 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 DateAmendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as an Effective Date of 2011 Amendment note under section 131 of this title.
|
||||
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||||
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||||
---
|
||||
|
||||
# 10 U.S.C. § 4274 - Omitted]
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Pub. L. 116–283, div. A, title XVIII, § 1847(e)(4), (5), Jan. 1, 2021, 134 Stat. 4256, 4257, enacted this section, transferred subsec. (b) of section 2547 of this title to this section, and made additional amendments, which were all to become effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149, repealed section 1847(e)(4), (5) of Pub. L. 116–283, effective as if included therein, thereby omitting this section and eliminating the amendments before they took effect.
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4293 - Major defense acquisition programs: incentive program for contractors to purchase capital assets manufactured in United States
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment of Incentive Program.— The Secretary of Defense shall plan and establish an incentive program in accordance with this section for contractors to purchase capital assets manufactured in the United States in part with funds available to the Department of Defense.
|
||||
|
||||
(b) Defense Industrial Capabilities Fund May Be Used.— The Secretary of Defense may use the Defense Industrial Capabilities Fund, established under section 814 of the National Defense Authorization Act for Fiscal Year 2004, for incentive payments under the program established under this section.
|
||||
|
||||
(c) Applicability to Major Defense Acquisition Program Contracts.— The incentive program shall apply to contracts for the procurement of a major defense acquisition program.
|
||||
|
||||
(d) Consideration.— The Secretary of Defense shall provide consideration in source selection in any request for proposals for a major defense acquisition program for offerors with eligible capital assets.
|
||||
|
||||
(Added Pub. L. 108–136, div. A, title VIII, § 822(a)(1), Nov. 24, 2003, 117 Stat. 1546, § 2436; renumbered § 4293, Pub. L. 116–283, div. A, title XVIII, § 1847(f)(2), Jan. 1, 2021, 134 Stat. 4258.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 814 of the National Defense Authorization Act for Fiscal Year 2004, referred to in subsec. (b), is section 814 of Pub. L. 108–136, which is set out in a note under section 4811 of this title.
|
||||
|
||||
Prior ProvisionsPrior sections 4301 to 4303 and 4306 were renumbered sections 7401 to 7403 and 7406 of this title, respectively. Prior sections 4307 and 4308 were repealed by Pub. L. 104–106, div. A, title XVI, § 1624(a)(1), (c) Feb. 10, 1996, 110 Stat. 522, effective on the earlier of the date on which the Secretary of the Army submits a certification in accordance with section 5523 of former Title 36, Patriotic Societies and Observances, or Oct. 1, 1996. Section 4307, act Aug. 10, 1956, ch. 1041, 70A Stat. 235, permitted President to detail commissioned officer of the Army or of the Marine Corps as director of civilian marksmanship. Section 4308, acts Aug. 10, 1956, ch. 1041, 70A Stat. 236; Nov. 14, 1986, Pub. L. 99–661, div. A, title III, § 318(a), 100 Stat. 3855; Nov. 5, 1990, Pub. L. 101–510, div. A, title III, § 328(b)–(d), (g)(1), 104 Stat. 1533, 1534; Oct. 23, 1992, Pub. L. 102–484, div. A, title III, § 380(a)(1), 106 Stat. 2389; Nov. 30, 1993, Pub. L. 103–160, div. A, title III, § 372, 107 Stat. 1635, related to authority of Secretary of the Army to promote civilian marksmanship. See section 40701 et seq. of Title 36, Patriotic and National Observances, Ceremonies, and Organizations. A prior section 4309 was renumbered section 7409 of this title. Prior sections 4310 and 4311 were repealed by Pub. L. 104–106, div. A, title XVI, § 1624(a)(1), (c), Feb. 10, 1996, 110 Stat. 522, effective on the earlier of the date on which the Secretary of the Army submits a certification in accordance with section 5523 of former Title 36, Patriotic Societies and Observances, or Oct. 1, 1996. Section 4310, act Aug. 10, 1956, ch. 1041, 70A Stat. 236, permitted President and Secretary of the Army to detail members of Army as rifle instructors for civilians. Section 4311, acts Aug. 10, 1956, ch. 1041, 70A Stat. 237; Nov. 5, 1990, Pub. L. 101–510, div. A, title III, § 328(f), 104 Stat. 1534, permitted Secretary of the Army to provide for issue of military rifles and sale of ammunition for use in rifle instruction for civilians. Prior sections 4312 and 4313 were repealed by Pub. L. 105–225, § 6(b), Aug. 12, 1998, 112 Stat. 1499. Section 4312, act Aug. 10, 1956, ch. 1041, 70A Stat. 237, related to National rifle and pistol matches and small-arms firing school. Section 4313, act Aug. 10, 1956, ch. 1041, 70A Stat. 237; Pub. L. 99–145, title XIII, § 1301(b)(3)(B), Nov. 8, 1985, 99 Stat. 735; Pub. L. 99–661, div. A, title III, § 318(b), Nov. 14, 1986, 100 Stat. 3855; Pub. L. 101–510, div. A, title III, § 328(a), Nov. 5, 1990, 104 Stat. 1533; Pub. L. 102–484, div. A, title III, § 380(c)(1), Oct. 23, 1992, 106 Stat. 2391; Pub. L. 103–35, title II, § 201(g)(10)(A), May 31, 1993, 107 Stat. 100; Pub. L. 104–106, div. A, title XVI, § 1624(b)(1), Feb. 10, 1996, 110 Stat. 522, related to expenses of National Matches and small-arms school. Prior sections 4314 and 4315 were renumbered sections 7414 and 7415 of this title, respectively. A prior section 4316, added Pub. L. 102–484, div. A, title III, § 380(d)(1), Oct. 23, 1992, 106 Stat. 2391; amended Pub. L. 104–106, div. A, title XVI, § 1624(b)(2), Feb. 10, 1996, 110 Stat. 522, related to reporting requirements of the Secretary of the Army, prior to repeal by Pub. L. 115–91, div. A, title X, § 1051(a)(27)(A), Dec. 12, 2017, 131 Stat. 1562. Prior sections 4317 to 4320 were renumbered sections 7417 to 7420 of this title, respectively.
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2436 of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment 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 DatePub. L. 108–136, div. A, title VIII, § 822(c), Nov. 24, 2003, 117 Stat. 1547, provided that: “Section 2436 of title 10, United States Code [now 10 U.S.C. 4293], as added by subsection (a), shall apply with respect to contracts entered into after the expiration of the 18-month period beginning on the date of the enactment of this Act [Nov. 24, 2003].”
|
||||
|
||||
RegulationsPub. L. 108–136, div. A, title VIII, § 822(b), Nov. 24, 2003, 117 Stat. 1547, provided that: “(1) The Secretary of Defense shall prescribe regulations as necessary to carry out section 2436 of title 10, United States Code [now 10 U.S.C. 4293], as added by this section. “(2) The Secretary may prescribe interim regulations as necessary to carry out such section. For this purpose, the Secretary is excepted from compliance with the notice and comment requirements of section 553 of title 5, United States Code. All interim rules prescribed under the authority of this paragraph that are not earlier superseded by final rules shall expire no later than 270 days after the effective date of section 2436 of title 10, United States Code [now 10 U.S.C. 4293] [see Effective Date note above], as added by this section.”
|
||||
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