10 U.S. Code § 4251 - Major defense acquisition programs: determination required before Milestone A approval
2021—Pub. L. 116–283, § 1847(d)(1)(A), renumbered section 2366a of this title as this section.
Subsec. (b)(4). Pub. L. 116–283, § 1847(d)(1)(B)(i), substituted “section 4272(a)(1)” for “section 2448b(a)(1)”.
Subsec. (b)(8). Pub. L. 116–283, § 1847(d)(1)(B)(ii), substituted “subchapter II of chapter 327” for “subchapter II of chapter 144B”.
Subsec. (c)(1)(A). Pub. L. 116–283, § 1847(d)(1)(C)(i), substituted “section 4271(a)” for “section 2448a(a)”.
Subsec. (c)(1)(C). Pub. L. 116–283, § 1847(d)(1)(C)(ii), substituted “section 3221(b)(6)” for “section 2334(a)(6)”.
Subsec. (c)(1)(E). Pub. L. 116–283, § 1847(d)(1)(C)(iii), substituted “section 4272” for “section 2448b”.
Subsec. (d)(1), (2). Pub. L. 116–283, § 1847(d)(1)(D)(i), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which defined “major defense acquisition program”.
Subsec. (d)(3). Pub. L. 116–283, § 1847(d)(1)(D)(ii), substituted “section 4172(e)(7)” for “section 2366(e)(7)”.
Pub. L. 116–283, § 1847(d)(1)(D)(i), redesignated par. (4) as (3). Former par. (3) redesignated (2).
Subsec. (d)(4), (5). Pub. L. 116–283, § 1847(d)(1)(D)(i), redesignated pars. (5) and (7) as (4) and (5), respectively. Former par. (4) redesignated (3).
Subsec. (d)(6). Pub. L. 116–283, § 1847(d)(1)(D)(iii), substituted “section 4271(a)” for “section 2448a(a)”.
Pub. L. 116–283, § 1847(d)(1)(D)(i), redesignated par. (8) as (6) and struck out former par. (6) which defined “major subprogram”.
Subsec. (d)(7). Pub. L. 116–283, § 1847(d)(1)(D)(iv), substituted “section 4401(b)(3)” for “section 2446a(b)(3)”.
Pub. L. 116–283, § 1847(d)(1)(D)(i), redesignated par. (9) as (7). Former par. (7) redesignated (5).
Subsec. (d)(8) to (10). Pub. L. 116–283, § 1847(d)(1)(D)(i), redesignated pars. (8) to (10) as (6) to (8), respectively.
2019—Subsec. (c)(1)(F). Pub. L. 116–92 substituted “subsection (b)(6)” for “section 2366a(b)(6) of this title”.
2018—Subsec. (c)(1)(A). Pub. L. 115–232 struck out “by the Secretary of Defense” after “established”.
2016—Subsec. (b)(4). Pub. L. 114–328, § 807(d), inserted “, including risks determined by the identification of critical technologies required under section 2448b(a)(1) of this title or any other risk assessment” after “areas of risk”.
Subsec. (b)(8), (9). Pub. L. 114–328, § 806(b), added par. (8) and redesignated former par. (8) as (9).
Subsec. (c). Pub. L. 114–328, § 808(a)(1), amended subsec. (c) generally. Prior to amendment, text of subsec. (c) read as follows: “At the request of any of the congressional defense committees, the Secretary of Defense shall submit to the committee an explanation of the basis for a determination made under subsection (b) with respect to a major defense acquisition program, together with a copy of the written determination. The explanation shall be submitted in unclassified form, but may include a classified annex.”
Subsec. (d)(8) to (10). Pub. L. 114–328, § 808(a)(2), added pars. (8) to (10).
2015—Pub. L. 114–92 amended section generally. Prior to amendment, section related to certification required before Milestone A approval of major defense acquisition programs.
2013—Pub. L. 112–239, § 1076(a)(10)(C), made technical amendment to directory language of Pub. L. 112–81, § 801(e)(1)(A). See 2011 Amendment note below.
Subsec. (a)(4). Pub. L. 112–239, § 322(e)(1), substituted “core logistics capabilities” for “core depot-level maintenance and repair capabilities”.
Subsec. (a)(5), (6). Pub. L. 112–239, § 1076(a)(10)(A), made technical amendment to directory language of Pub. L. 112–81, § 801(a)(1)(B). See 2011 Amendment notes below.
Subsec. (c)(7). Pub. L. 112–239, § 1076(a)(10)(B), made technical amendment to directory language of Pub. L. 112–81, § 801(a)(2). See 2011 Amendment note below.
Pub. L. 112–239, § 322(e)(1), substituted “core logistics capabilities” for “core depot-level maintenance and repair capabilities” in two places.
2011—Pub. L. 112–81, § 801(e)(1)(A), as amended by Pub. L. 112–239, § 1076(a)(10)(C), struck out “or Key Decision Point A” after “Milestone A” in section catchline.
Subsec. (a). Pub. L. 112–81, § 801(e)(1)(B), struck out “, or Key Decision Point A approval in the case of a space program,” after “Milestone A approval” and “, or Key Decision Point B approval in the case of a space program,” after “Milestone B approval” in introductory provisions.
Subsec. (a)(2). Pub. L. 112–81, § 801(a)(1)(A), substituted “function” for “core competency”.
Subsec. (a)(4). Pub. L. 112–81, § 801(a)(1)(C), added par. (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 112–81, § 801(a)(1)(B), as amended by Pub. L. 112–239, § 1076(a)(10)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (a)(6). Pub. L. 112–81, § 801(a)(1)(D), substituted “develop, procure, and sustain” for “develop and procure”.
Pub. L. 112–81, § 801(a)(1)(B), as amended by Pub. L. 112–239, § 1076(a)(10)(A), redesignated par. (5) as (6).
Subsec. (b)(1). Pub. L. 112–81, § 801(e)(1)(C)(i), struck out “(or Key Decision Point A approval in the case of a space program)” after “Milestone A approval”.
Pub. L. 111–383, § 814(b)(1)(A), substituted “a major defense acquisition program certified by the Milestone Decision Authority under subsection (a) or a designated major subprogram of such program, if the projected cost of the program or subprogram” for “a major defense acquisition program certified by the Milestone Decision Authority under subsection (a), if the projected cost of the program”.
Subsec. (b)(2). Pub. L. 111–383, § 814(b)(1)(B), inserted “or designated major subprogram” after “major defense acquisition program”.
Subsec. (b)(2)(C)(ii). Pub. L. 112–81, § 801(e)(1)(C)(ii), struck out “, or Key Decision Point A approval in the case of a space program,” after “Milestone A approval”.
Subsec. (c). Pub. L. 111–383, § 1075(b)(33)(A), inserted a space after “(c)”.
Subsec. (c)(2) to (5). Pub. L. 111–383, § 814(b)(2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Former par. (5) redesignated (6).
Pub. L. 111–383, § 1075(b)(33)(B), which directed substitution of “section 118b(c)(3) of this title” for “section 125a(a) of this title” in par. (4), was executed by making the substitution in par. (5) to reflect the probable intent of Congress and the amendment by Pub. L. 111–383, § 814(b)(2)(A). See above.
Subsec. (c)(6). Pub. L. 111–383, § 814(b)(2)(A), redesignated par. (5) as (6).
Subsec. (c)(7). Pub. L. 112–81, § 801(a)(2), as amended by Pub. L. 112–239, § 1076(a)(10)(B), added par. (7).
2009—Subsec. (a). Pub. L. 111–23, § 204(a), substituted “may not receive Milestone A approval, or Key Decision Point A approval in the case of a space program, or otherwise be initiated prior to Milestone B approval, or Key Decision Point B approval in the case of a space program,” for “may not receive Milestone A approval, or Key Decision Point A approval in the case of a space program,” in introductory provisions.
Subsec. (a)(3). Pub. L. 111–23, § 201(e)(1), struck out “and” at end.
Subsec. (a)(4). Pub. L. 111–23, § 201(e)(3), added par. (4). Former par. (4) redesignated (5).
Pub. L. 111–23, § 101(d)(3), inserted “, with the concurrence of the Director of Cost Assessment and Program Evaluation,” after “has been submitted”.
Subsec. (a)(5). Pub. L. 111–23, § 201(e)(2), redesignated par. (4) as (5).
Subsec. (b). Pub. L. 111–23, § 204(b), designated existing provisions as par. (1), substituted “by at least 25 percent, or the program manager determines that the period of time required for the delivery of an initial operational capability is likely to exceed the schedule objective established pursuant to section 181(b)(5) of this title by more than 25 percent,” for “by at least 25 percent,”, and added par. (2).
2008—Pub. L. 110–417, § 813(b), renumbered section 2366b of this title as this section.
Subsec. (a)(1), (2). Pub. L. 110–417, § 813(e)(1)(A), substituted “program” for “system”.
Subsec. (a)(3). Pub. L. 110–417, § 813(e)(1)(B), substituted “if the program” for “if the system” and “such program” for “such system”.
Subsec. (a)(4). Pub. L. 110–417, § 813(e)(1)(A), substituted “program” for “system” in two places.
Subsec. (b). Pub. L. 110–417, § 813(e)(1)(C), substituted “major defense acquisition program” for “major system”, “cost of the program” for “cost of the system”, “estimate for the program” for “estimate for the system”, “the program concerned” for “the system concerned”, and “procure the program” for “procure the system”.
Subsec. (c)(1). Pub. L. 110–417, § 813(e)(1)(D), substituted “ ‘major defense acquisition program’ ” for “ ‘major system’ ” and “2430” for “2302(5)”.
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.
Pub. L. 112–239, div. A, title III, § 322(f), Jan. 2, 2013, 126 Stat. 1695, provided that:
Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(10) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
Pub. L. 110–181, div. A, title IX, § 943(c), Jan. 28, 2008, 122 Stat. 289, as amended by Pub. L. 110–417, [div. A], title VIII, § 813(e)(2)(B), Oct. 14, 2008, 122 Stat. 4528, provided that:
Pub. L. 116–92, div. A, title VIII, § 832, Dec. 20, 2019, 133 Stat. 1493, provided that:
Pub. L. 114–92, div. A, title VIII, § 802(d)(2), Nov. 25, 2015, 129 Stat. 880, provided that:
Pub. L. 112–81, div. A, title VIII, § 801(d), Dec. 31, 2011, 125 Stat. 1483, provided that: