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Code · BILL · 116th Congress · H.R. 6395 (Enrolled) — To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military c... · Sec. 1847

Sec. 1847. Major systems and major defense acquisition programs generally

1,888 words·~9 min read·/bill/116/hr/6395/enr/section-1847·

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Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), is amended by inserting after chapter 321, as added by the preceding section, the following new chapter: Subchapter Sec. I. Management 4211 II. Contracting 4231 III. Milestones for Major Defense Acquisition Programs 4251 IV. Additional Provisions Applicable Specifically to Major Defense Acquisition Programs 4271 III.
Contractors 4291 Sec. 4211. Acquisition strategy. 4212. Risk management and mitigation. 4213. Reserved . 4214. Baseline description. 4215. Reserved . 4216. Reserved . 4217. Reserved . 4218. Reserved . Sec. 4231. Major systems: determination of quantity for low-rate initial production. 4232. Use of lowest price technically acceptable source selection process: prohibition. 4233. Reserved . 4234. Reserved . 4235. Reserved . 4236. Negotiation of price for technical data before development, production, or sustainment of major weapon systems.
Sec. 4251. Major defense acquisition programs: determination required before Milestone A approval. 4252. Major defense acquisition programs: certification required before Milestone B approval. 4253. Major defense acquisition programs: submissions to Congress on Milestone C. 4254. Reserved . Sec. 4271. Program cost, fielding, and performance goals in planning major defense acquisition programs. 4272. Independent technical risk assessments. 4273. Performance assessments and root cause analyses. 4274.
Acquisition-related functions of chiefs: adherence to requirements in major defense acquisition programs. 4275. Reserved . 4276. Reserved . Sec. 4291. Reserved . 4292. Contracts: limitations on lead system integrators. 4293. Major defense acquisition programs: incentive program for contractors to purchase capital assets manufactured in United States. . Section 2431a of 10, United States Code, is transferred to chapter 322, as added by subsection (a), inserted after the table of sections at the beginning of subchapter I, and redesignated as section 4211.
Such section is amended— in subsection (c)(2)— in subparagraph (D), by striking section 2337 and inserting section 4324 ; in subparagraph (F), by striking section 2320 and inserting sections 3771 through 3775 ; and in subparagraph (H), by striking section 2306b and inserting sections 3501 through 3511 ; and in subsection (e)— in paragraph (4), by striking section 2366(e)(7) and inserting section 4172(e)(7) ; in paragraph (7), by striking section 2433(a)(4) and inserting section 4371(a)(2) ; and in paragraph (8), by striking section 2433(a)(5) and inserting section 4371(a)(3) .
Subsection
(e)of such section is further amended— by striking paragraphs
(1)and (2); and redesignating paragraphs
(3)through
(10)(as amended by subparagraph (B)(ii)) as paragraphs
(1)through (8), respectively; The text of section 2440 of title 10, United States Code, is transferred to section 4211 of such title, as transferred and redesignated by paragraph (1), inserted at the end of subsection (c), designated as paragraph (3), and amended by striking section 2501 and inserting section 4811 . Subsection (c)(2)(B) of such section 4211 is amended by striking section 2440 of this title and inserting paragraph
(3); Section 2431b of such title is transferred to chapter 322 of such title, as added by subsection (a), inserted after section 4211, as transferred and redesignated by paragraph
(1)and amended by paragraph (2), redesignated as section 4212, and amended— in subsection (a), by striking section 2431a and inserting section 4211 ; and in subsection (d)— by striking and all that follows through Definitions.— The term and inserting ; and Concurrency defined. —In this section, the term by striking paragraph (2). Section 2435 of title 10, United States Code, is transferred to chapter 322 of such title, as added by subsection (a), inserted after section 4212, as transferred and redesignated by paragraph (3), redesignated as section 4214, and amended— in subsections (a)(2) and (d)(2), by striking section 2433 and inserting sections 4371 through 4375 ; and in subsection (d)— in paragraph (1), by striking In this chapter and inserting In this subpart ; in paragraph (2), by striking subsection
(d)of such section and inserting section 4374 of this title ; and in paragraph (3), by striking section 2432 and inserting sections 4351 through 4358 . Section 2400 of title 10, United States Code, is transferred to chapter 322 of such title, as added by subsection (a), inserted after the table of sections at the beginning of subchapter II, redesignated as section 4231, and amended— in subsection (a)(5), by striking section 2432 and inserting sections 4351 through 4358 ; and in subsection (b)(1), by striking section 2399 and inserting section 4171 . The heading of such section is amended to read as follows: . Section 2442 of such title is transferred to chapter 322 of such title, as added by subsection (a), inserted after section 4231, as transferred and redesignated by paragraph (1), redesignated as section 4232, and amended in subsection
(b)by striking paragraph
(2)and redesignating paragraph
(3)as paragraph (2). Section 2439 of title 10, United States Code, is transferred to chapter 322, as added by subsection (a), inserted after section 4232, as transferred and redesignated by paragraph (2), and redesignated as section 4236. Section 2366a of title 10, United States Code, is transferred to chapter 322 of such title, as added by subsection (a), inserted after the table of sections at the beginning of subchapter III, and redesignated as section 4251. Subsection
(b)of such section is amended— in paragraph (4), by striking section 2448b(a)(1) and inserting section 4272(a)(1) ; and in paragraph (8), by striking subchapter II of chapter 144B and inserting subchapter II of chapter 327 . Subsection (c)(1) of such section is amended— in subparagraph (A), by striking section 2448a(a) and inserting section 4271(a) ; in subparagraph (C), by striking section 2334(a)(6) and inserting section 3221(b)(6) ; and in subparagraph (E), by striking section 2448b and inserting section 4272 . Subsection
(d)of such section is amended— by striking paragraphs
(1)and
(6)and redesignating paragraphs (2), (3), (4), (5), (7), (8), (9), and
(10)as paragraphs (1), (2), (3), (4), (5), (6), (7), and (8), respectively; in paragraph
(3)(as so redesignated), by striking section 2366(e)(7) and inserting section 4172(e)(7) ; in paragraph
(6)(as so redesignated), by striking section 2448a(a) and inserting section 4271(a) ; and in paragraph
(7)(as so redesignated), by striking section 2446a(b)(3) and inserting section 4401(b)(3) . Section 2366b of title 10, United States Code, is transferred to chapter 322 of such title, inserted after section 4251, as transferred and redesignated by paragraph (1), and redesignated as section 4252. Subsection
(a)of such section is amended— in paragraph (2), by striking section 2448b and inserting section 4272 ; and in paragraph (3)— in subparagraph (D), by striking section 2435 and section 2448a(a) and inserting section 4214 of this title and section 4271(a) , respectively; and in subparagraph (N), by striking section 2446b(e) and inserting section 4402(e) . Subsection
(c)of such section is amended— in paragraph (1)— in subparagraph (A), by striking section 2448a(a) and inserting section 4271(a) ; in subparagraph (C), by striking section 2334(a)(6) and inserting section 3221(b)(6) ; and in subparagraph (E), by striking section 2448b and inserting section 4272 ; and in paragraph (2)(A), by striking section 2432 and inserting sections 4351 through 4358 . Subsection (d)(3) of such section is amended by striking section 2433a(c) and inserting section 4377 . Subsection
(g)of such section is amended— by striking paragraphs
(1)and
(2)and redesignating paragraphs (3), (4), (5), (6), (7), and
(8)as paragraphs (1), (2), (3), (4), (5), and (6), respectively; in paragraph
(2)(as so redesignated), by striking section 2366(e)(7) and inserting section 4172(e)(7) ; in paragraph
(4)(as so redesignated), by striking section 2448a(a) and inserting section 4271(a) ; and in paragraph
(5)(as so redesignated), by striking section 2446a(b)(3) and inserting section 4401(b)(3) . Section 2366c of title 10, United States Code, is transferred to chapter 322 of such title, inserted after section 4252, as transferred and redesignated by paragraph (3), redesignated as section 4253, and amended by striking section 2334(a)(6) in subsection (a)(2) and inserting section 3221(b)(6) . Section 2448a of title 10, United States Code, is transferred to chapter 322 of such title, inserted after the table of sections at the beginning of subchapter IV, redesignated as section 4271, and amended— in subsection (b)(1), by striking section 2432(a)(2) and inserting section 4351(2) ; and in subsection (b)(2), by striking section 2366a(d)(2) and inserting section 4251(d)(1) . Section 2448b of title 10, United States Code, is transferred to chapter 322 of such title, inserted after section 4271, as transferred and redesignated by paragraph (1), redesignated as section 4272, and amended— in subsection (a)(1), by striking section 2366a and inserting section 4251 ; and in subsection (a)(2), by striking section 2366b and inserting section 4252 . Section 2438 of title 10, United States Code, is transferred to chapter 322 of such title, inserted after section 4272, as transferred and redesignated by paragraph (2), redesignated as section 4273, and amended— in subsection (b)(2), by striking section 2433a(a)(1) and inserting 4376(a)(1) ; and in subsections (b)(5)(A) and (d), by striking section 2433a and inserting sections 4736 and 4377 . Chapter 322 of title 10, United States Code, as added by subsection (a), is further amended by inserting after section 4273, as transferred and redesignated by paragraph (3), the following new section: . Subsection
(b)of section 2547 of such title is transferred to section 4274 of such title, as added by subparagraph (A), inserted after the section heading, and amended— by redesignating such subsection as subsection (a); and by redesignating paragraph
(2)as subsection (b). Subsection
(a)of such section 4274, as so transferred and redesignated, is amended— by striking and all that follows through Adherence to
(1)and inserting ; and Role of service chiefs in program capability document approval.— by striking section 2448a(a) and inserting 4271(a) . Subsection
(b)of such section 4274, as redesignated by subparagraph (B)(ii), is amended— by inserting before Role of service chiefs in material development decision and acquisition system milestones .— Consistent with ; by striking under subsection
(a)and inserting under section 3053 of this title ; by redesignating subparagraphs (A), (B), (C), and
(D)as paragraphs (1), (2), (3), and (4), respectively; in paragraph (2), as so redesignated, by striking section 2366a and inserting section 4251 ; and in paragraph (3), as so redesignated, by striking section 2366b and inserting section 4252 . Such section 4274 is further amended by adding at the end— a new subsection
(c)identical to section 2547(c) of such title, as in effect on the day before the effective date of this section; and a new subsection
(d)as follows: In this section, the term program capability document has the meaning provided that term in section 4401(b)(5) of this title. . Section 131(b)(8) of title 10, United States Code, is amended by striking section 2438(a) in the last subparagraph and inserting section 4273(a) . Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and 9033(d)(5) of such title are amended by striking and 2547 and inserting , 3103, and 4274 . Section 2410p of title 10, United States Code, is transferred to subchapter V of chapter 322, as added by subsection (a), inserted after the table of sections, and redesignated as section 4292. Section 2436 of such title is transferred to chapter 322 of such title, inserted after section 4292, as added by paragraph (1), and redesignated as section 4293.
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Sec. 1847
Major systems and major defense acquisition programs generally
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