10 U.S.C. § 4272 | Independent technical risk assessments

(a)

In General .—

section 4252 of this titleWith 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 , 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.

Pub. L. 114–328, div. A, title VIII, § 807(a)(1)Dec. 23, 2016130 Stat. 2261 Pub. L. 116–92, div. A, title IX, § 902(73)Dec. 20, 2019133 Stat. 1552 Pub. L. 116–283, div. A, title XVIII, § 1847(e)(2)Jan. 1, 2021134 Stat. 4256 Pub. L. 118–159, div. A, title VIII, § 806(b)(1)Dec. 23, 2024138 Stat. 1974(Added , , , § 2448b; amended , , ; renumbered § 4272 and amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 118–159 section 4251 of this title2024—Subsec. (a). 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 , that identifies critical technologies and manufacturing processes that need to be matured; and”.

Pub. L. 116–283, § 1847(e)(2)section 2448b of this title2021—, renumbered as this section.

Pub. L. 116–283, § 1847(e)(2)(A)Subsec. (a)(1). , substituted “section 4251” for “section 2366a”.

Pub. L. 116–283, § 1847(e)(2)(B)Subsec. (a)(2). , substituted “section 4252” for “section 2366b”.

Pub. L. 116–922019— added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:

In General“(a) .—With respect to a major defense acquisition program, the Secretary of Defense shall ensure that an independent technical risk assessment is conducted—

section 2366a of this title“(1) before any decision to grant Milestone A approval for the program pursuant to , that identifies critical technologies and manufacturing processes that need to be matured; and

section 2366b of this title“(2) before any decision to grant Milestone B approval for the program pursuant to , 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.

Categorization of Technical Risk Levels“(b) .—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 Amendment

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

Effective Date

Oct. 1, 2017section 807(a)(2) of Pub. L. 114–328 section 4271 of this titleSection applicable with respect to major defense acquisition programs that reach Milestone A after , see , set out as a note under .