10 USC 4251 - Major defense acquisition programs: factors to be considered before Milestone A approval

U.S Code last checked for updates: Apr 25, 2025

§ 4251.

Major defense acquisition programs: factors to be considered before Milestone A approval

(a)

Responsibilities.—

Before granting Milestone A approval for a major defense acquisition program or a major subprogram, the milestone decision authority for the program or subprogram shall ensure that—

(1)

information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the risk reduction phase;

(2)

the cost, schedule, technical feasibility, and performance trade-offs that have been made do not overly constrain future trade space with regard to the program; and

(3)

there are sound plans for progression of the program or subprogram to the development phase.

(b)

Factors to Be Considered for Milestone a Approval.—

A major defense acquisition program or subprogram may not receive Milestone A approval or otherwise be initiated prior to Milestone B approval until the milestone decision authority confirms that the following factors were considered in the decision to grant Milestone A approval:

(1)

The program or subprogram fulfills an approved requirements document.

(2)

The program or subprogram has conducted appropriate market research.

(3)

With respect to any identified areas of risk, there is a plan to reduce the risk.

(4)

Planning for sustainment has been addressed.

(5)

An analysis of alternatives has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted.

(6)

A life cycle cost estimate for the program or subprogram has been submitted by the component and that the level of resources required to complete the technology maturation and risk reduction phase of the program is sufficient for successful program execution.

(7)

The program or subprogram meets any other considerations the milestone decision authority considers relevant.

(c)

Written Record of a Milestone Decision.—

The milestone decision authority shall issue a written record of a milestone decision at the time that Milestone A approval is granted. The record shall confirm compliance with subsection (b) and specifically state that the milestone decision authority considered the factors described in such subsection prior to the decision to grant milestone approval. The milestone decision authority shall retain records of the basis for the milestone decision.

(d)

Submissions to Congress on Milestone A.—

(1)

Notification.—

Not later than 15 days after granting Milestone A 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 written record of the milestone decision.

(2)

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 an explanation of the basis for the decision to grant Milestone A approval with respect to a major defense acquisition program or major subprogram, and make available all underlying documentation.

(e)

Definitions.—

In this section:

(1)

The term “requirements document” means any capabilities requirement document approved by the Joint Requirements Oversight Council that establishes the need for a materiel approach to resolve a capability gap.

(2)

The term “Milestone A approval” means a decision to enter into technology maturation and risk reduction pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.

(3)

The term “Milestone B approval” has the meaning provided that term in section 4172(e)(7) of this title.

(4)

The term “milestone decision authority”, with respect to a major defense acquisition program or a major subprogram, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or subprogram, including authority to approve entry of the program or subprogram into the next phase of the acquisition process.

(5)

The term “congressional intelligence committees” has the meaning given that term in section 437(c) of this title.

(Added Pub. L. 110–181, div. A, title IX, § 943(a)(1), Jan. 28, 2008, 122 Stat. 288, § 2366b; renumbered § 2366a and amended Pub. L. 110–417, [div. A], title VIII, § 813(b), (e)(1), Oct. 14, 2008, 122 Stat. 4527; Pub. L. 111–23, title I, § 101(d)(3), title II, §§ 201(e), 204(a), (b), May 22, 2009, 123 Stat. 1710, 1720, 1723; Pub. L. 111–383, div. A, title VIII, § 814(b), title X, § 1075(b)(33), Jan. 7, 2011, 124 Stat. 4266, 4370; Pub. L. 112–81, div. A, title VIII, § 801(a), (e)(1), Dec. 31, 2011, 125 Stat. 1482, 1483; Pub. L. 112–239, div. A, title III, § 322(e)(1), title X, § 1076(a)(10), Jan. 2, 2013, 126 Stat. 1695, 1948; Pub. L. 114–92, div. A, title VIII, § 823(a), Nov. 25, 2015, 129 Stat. 902; Pub. L. 114–328, div. A, title VIII, §§ 806(b), 807(d), 808(a), Dec. 23, 2016, 130 Stat. 2259, 2262; Pub. L. 115–232, div. A, title VIII, § 831(b)(2), Aug. 13, 2018, 132 Stat. 1857; Pub. L. 116–92, div. A, title XVII, § 1731(a)(44), Dec. 20, 2019, 133 Stat. 1814; renumbered § 4251 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(d)(1), Jan. 1, 2021, 134 Stat. 4254; Pub. L. 118–159, div. A, title VIII, § 806(a)(1), Dec. 23, 2024, 138 Stat. 1972.)

cite as: 10 USC 4251