10 U.S.C. § 4252

Editorial Notes

Amendments

Pub. L. 119–60section 181(b) of this title2025—Subsec. (b)(9) to (15). redesignated pars. (10) to (15) as (9) to (14), respectively, and struck out former par. (9) which read as follows: “The Joint Requirements Oversight Council has accomplished its duties with respect to the program or subprogram pursuant to , including an analysis of the operational requirements for the program or subprogram.”

Pub. L. 118–159, § 807(1)2024—, substituted “factors to be considered before” for “certification required before” in section catchline.

Pub. L. 118–159, § 807(4)Subsec. (a). , added subsec. (a). Former subsec. (a) redesignated (b).

Pub. L. 118–159, § 807(3)Subsec. (b). , (5), redesignated subsec. (a) as (b) and amended it generally. Prior to amendment, subsec. related to certifications and determinations required for Milestone B approval.

Pub. L. 118–159, § 807(6)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (e).

Pub. L. 118–159, § 807(7)(A)Subsec. (d). , substituted “Basis for Milestone Approval” for “Certifications or Determination” in heading.

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.

Pub. L. 118–159, § 807(7)(B)(i)Subsec. (d)(1). , in introductory provisions, substituted “a written record of the milestone decision under subsection (c)” for “certifications or a determination under subsection (a)”.

Pub. L. 118–159, § 807(7)(B)(ii)Subsec. (d)(1)(A). , 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), or (3) of subsection (a)”.

Pub. L. 118–159, § 807(7)(B)(iii)Subsec. (d)(1)(B). , substituted “such decision” for “such certifications or determination”.

Pub. L. 118–159, § 807(7)(C)Subsec. (d)(2). , struck out “withdraw the certifications or determination concerned or” after “milestone decision authority may” and substituted “approval is” for “certifications, determination, or approval are”.

Pub. L. 118–159, § 807(3)Subsec. (e). , (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.

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 regarding a major defense acquisition program receiving a waiver pursuant to subsection (d) shall prominently and clearly indicate that such program has not fully satisfied the certification requirements of this section until such time as the milestone decision authority makes the determination that such program has satisfied all such certification requirements.”

Pub. L. 118–159, § 807(2)Subsec. (f). , (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 component of such requirement under subsection (d).”

Pub. L. 118–159, § 807(9)Subsec. (f)(4) to (6). , 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.

Pub. L. 116–283, § 1847(d)(2)(A)section 2366b of this title2021—, renumbered as this section.

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

Pub. L. 116–283, § 1847(d)(2)(B)(ii)(I)section 4214 of this titleSubsec. (a)(3)(D). , substituted “” for “section 2435” and “section 4271(a)” for “section 2448a(a)”.

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

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

Pub. L. 116–283, § 802(b)(1)(B)Subsec. (a)(3)(O). , 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.

Pub. L. 116–283, § 1883(b)(2)Subsec. (a)(3)(P). , substituted “section 4324(b)” for “section 2337(b)”.

Pub. L. 116–283, § 802(b)(1)(C), added subpar. (P).

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

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

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

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

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

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

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

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

Pub. L. 116–283, § 1847(d)(2)(E)(i)Subsec. (g)(1). , redesignated par. (3) as (1) and struck out former par. (1) which defined “major defense acquisition program”.

Pub. L. 116–283, § 1847(d)(2)(E)(i)Subsec. (g)(2). , (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”.

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

Pub. L. 116–283, § 1847(d)(2)(E)(i)Subsec. (g)(4). , (iii), redesignated par. (6) as (4) and substituted “section 4271(a)” for “section 2448a(a)”. Former par. (4) redesignated (2).

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

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

Pub. L. 116–922019—Subsec. (a)(5). added par. (5).

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

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

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

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

Pub. L. 114–328, § 807(e)(1)section 2448b of this title2016—Subsec. (a)(2). , substituted “technical risk assessment conducted under ” 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”.

Pub. L. 114–328, § 843(1)Subsec. (a)(3)(B). , 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;”.

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

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

Pub. L. 114–328, § 843(2)Pub. L. 114–328, § 807(e)(2)(B)Subsec. (a)(3)(E). , 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 . See below.

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

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

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

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

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

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

section 2432 of this title“(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 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.”

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

Pub. L. 114–922015— amended section generally. Prior to amendment, section related to certification required before Milestone B approval of major defense acquisition programs.

Pub. L. 112–239, § 904(e)(2)2013—Subsec. (a)(3)(D). , 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”.

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

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

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

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

Pub. L. 112–81, § 801(e)(2)(B)Subsec. (a). , struck out “, or Key Decision Point B approval in the case of a space program,” after “Milestone B approval” in introductory provisions.

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

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

Pub. L. 111–383, § 814(c)(1)(A)Subsec. (b)(1). , substituted “any changes to the program or a designated major subprogram of such program” for “any changes to the program” in introductory provisions.

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

Pub. L. 112–81, § 801(e)(2)(C)Subsec. (b)(2). , struck out “(or Key Decision Point B approval in the case of a space program)” after “Milestone B approval”.

Pub. L. 112–81, § 801(e)(2)(C)Subsec. (d)(1). , struck out “(or Key Decision Point B approval in the case of a space program)” after “Milestone B approval” in two places.

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))”.

Pub. L. 111–383, § 1075(k)(1)Pub. L. 111–23, § 205(a)(1)(B)Pub. L. 111–383, § 813(d)(1)(B)Subsec. (d)(2)(B). , which directed amendment of directory language of , 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 . See below.

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)”.

Pub. L. 112–81, § 819(b)Subsec. (d)(3). , added par. (3).

Pub. L. 111–383, § 814(c)(2)Subsec. (g)(2) to (4). , added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5).

Pub. L. 112–81, § 801(b)(2)Subsec. (g)(5). , 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.”

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

Pub. L. 111–23, § 201(f)2009—Subsec. (a)(1)(B). , inserted “appropriate trade-offs among cost, schedule, and performance objectives have been made to ensure that” before “the program is affordable”.

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

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

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

Pub. L. 111–23, § 205(a)(3)(D)(i)Subsec. (a)(3)(D). , 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.

Pub. L. 111–23, § 205(a)(3)(D)(ii)Subsec. (a)(3)(E), (F). , (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”.

Pub. L. 111–23, § 205(a)(1)Subsec. (d). , 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.”

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

Pub. L. 110–417, § 813(a)section 2366a of this title2008—, (b), renumbered as this section.

Pub. L. 110–181, § 812(1)Subsec. (a). , 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.

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

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

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

Pub. L. 110–181, § 812(5)Subsec. (d). , 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 (b)(2), waive” for “authority may waive” and “paragraph (1) or (2)” for “paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9)”.

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

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

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

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

Pub. L. 109–364, § 805(a)(1)2006—Subsec. (a)(1) to (7). –(3), added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively. Former par. (7) redesignated (10).

Pub. L. 109–364, § 805(a)(4)Subsec. (a)(8), (9). , (5), added pars. (8) and (9).

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by sections 1847(d)(2) and 1883(b)(2) of effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title VIII, § 835(b)(2)Dec. 12, 2017131 Stat. 1471

Effective Date of 2013 Amendment

Pub. L. 113–66, div. A, title VIII, § 821(b)Dec. 26, 2013127 Stat. 809

Pub. L. 113–66, div. A, title X, § 1091(b)Dec. 26, 2013127 Stat. 876Jan. 2, 2013Pub. L. 112–239, , , provided in part that the amendment made by section 1091(b)(1) is effective as of , and as if included in as enacted.

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

Effective Date of 2011 Amendment

Pub. L. 111–383, div. A, title VIII, § 813(d)(1)Jan. 7, 2011124 Stat. 4265May 22, 2009, , , provided that the amendment made by section 813(d)(1) is effective as of .

section 901(j)(4) of Pub. L. 111–383Jan. 1, 2011section 901(p) of Pub. L. 111–383section 131 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 111–383, div. A, title X, § 1075(k)Jan. 7, 2011124 Stat. 4378May 22, 2009Pub. L. 111–23, , , provided that the amendment made by section 1075(k)(1) is effective as of , and as if included in as enacted.

Responsibility for Conducting Assessments

Pub. L. 115–91, div. A, title VIII, § 838(a)(3)Dec. 12, 2017131 Stat. 1474

Guidance

Pub. L. 115–91, div. A, title VIII, § 838(a)(4)Dec. 12, 2017131 Stat. 1475

Milestone B Decisions

Pub. L. 114–92, div. A, title VIII, § 802(d)(3)Nov. 25, 2015129 Stat. 880

Formal Review Process for Bandwidth Requirements

Pub. L. 110–417Oct. 14, 2008122 Stat. 4603Pub. L. 111–84, div. A, title X, § 1033Oct. 28, 2009123 Stat. 2449Pub. L. 115–232, div. A, title VIII, § 813(c)Aug. 13, 2018132 Stat. 1851