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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 1847

Sec. 1847. MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY

2,132 words·~10 min read·/statute-compilations/comps-16736/sec-1847

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## SEC. 1847 MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY ###
(a)New Chapter 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: > > ## “CHAPTER 322 **MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS GENERALLY** > > **[**[10 U.S.C. 4211](/us/usc/t10/s4211)**]** > > > ### “Subchapter I MANAGEMENT > > **[**[10 U.S.C. 4211](/us/usc/t10/s4211)**]** > > > ### “Subchapter II CONTRACTING > > **[**[10 U.S.C. 4231](/us/usc/t10/s4231)**]** > > > ### “Subchapter III MILESTONES FOR MAJOR DEFENSE ACQUISITION PROGRAMS > > **[**[10 U.S.C. 4251](/us/usc/t10/s4251)**]** > > > ### “Subchapter IV ADDITIONAL PROVISIONS APPLICABLE SPECIFICALLY TO MAJOR DEFENSE ACQUISITION PROGRAMS > > **[**[10 U.S.C. 4271](/us/usc/t10/s4271)**]** > > > ### “Subchapter V CONTRACTORS > > **[**[10 U.S.C. 4292](/us/usc/t10/s4292)**]** > ###
(b)Subchapter I (management) ####
(1)Transfer of section 2431a #####
(A)Transfer 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. #####
(B)Conforming cross-reference amendments Such section is amended— ######
(i)in subsection (c)(2)— ######
(I)in subparagraph (D), by striking “section 2337” and inserting “section 4324”; ######
(II)in subparagraph (F), by striking “section 2320” and inserting “sections 3771 through 3775”; and ######
(III)in subparagraph (H), by striking “section 2306b” and inserting “sections 3501 through 3511”; and ######
(ii)in subsection (e)— ######
(I)in paragraph (4), by striking “section 2366(e)(7)” and inserting “section 4172(e)(7)”; ######
(II)in paragraph (7), by striking “section 2433(a)(4)” and inserting “section 4371(a)(2)”; and ######
(III)in paragraph (8), by striking “section 2433(a)(5)” and inserting “section 4371(a)(3)”. #####
(C)Definitions Subsection
(e)of such section is further amended— ######
(i)by striking paragraphs
(1)and (2); and ######
(ii)redesignating paragraphs
(3)through
(10)(as amended by subparagraph (B)(ii)) as paragraphs
(1)through (8), respectively; ####
(2)Transfer of section 2440 #####
(A)Transfer 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”. #####
(B)Cross-reference Subsection (c)(2)(B) of such section 4211 is amended by striking “section 2440 of this title” and inserting “paragraph (3)”; ####
(3)Transfer of section 2431b 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— #####
(A)in subsection (a), by striking “section 2431a” and inserting “section 4211”; and #####
(B)in subsection (d)— ######
(i)by striking “Definitions.—” and all that follows through “The term” and inserting “Concurrency Defined.—In this section, the term”; and ######
(ii)by striking paragraph (2). ####
(4)Transfer of section 2435 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— #####
(A)in subsections (a)(2) and (d)(2), by striking “section 2433” and inserting “sections 4371 through 4375”; and #####
(B)in subsection (d)— ######
(i)in paragraph (1), by striking “In this chapter” and inserting “In this subpart”; ######
(ii)in paragraph (2), by striking “subsection
(d)of such section” and inserting “section 4374 of this title”; and ######
(iii)in paragraph (3), by striking “section 2432” and inserting “sections 4351 through 4358”. ###
(c)Subchapter Ii (contracting) ####
(1)Transfer of section 2400 #####
(A)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— ######
(i)in subsection (a)(5), by striking “section 2432” and inserting “sections 4351 through 4358”; and ######
(ii)in subsection (b)(1), by striking “section 2399” and inserting “section 4171”. #####
(B)The heading of such section is amended to read as follows: > > ## “SEC. 4231 Major systems: determination of quantity for low-rate initial production” > . ####
(2)Transfer of section 2442 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). ####
(3)Transfer of section 2439 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. ###
(d)Subchapter Iii (milestones) ####
(1)Transfer of section 2366a #####
(A)Transfer 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. #####
(B)Amendments to subsection
(b)Subsection
(b)of such section is amended— ######
(i)in paragraph (4), by striking “section 2448b(a)(1)” and inserting “section 4272(a)(1)”; and ######
(ii)in paragraph (8), by striking “subchapter II of chapter 144B” and inserting “subchapter II of chapter 327”. #####
(C)Amendments to subsection
(c)Subsection (c)(1) of such section is amended— ######
(i)in subparagraph (A), by striking “section 2448a(a)” and inserting “section 4271(a)”; ######
(ii)in subparagraph (C), by striking “section 2334(a)(6)” and inserting “section 3221(b)(6)”; and ######
(iii)in subparagraph (E), by striking “section 2448b” and inserting “section 4272”. #####
(D)Amendments to subsection
(d)Subsection
(d)of such section is amended— ######
(i)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; ######
(ii)in paragraph
(3)(as so redesignated), by striking “section 2366(e)(7)” and inserting “section 4172(e)(7)”; ######
(iii)in paragraph
(6)(as so redesignated), by striking “section 2448a(a)” and inserting “section 4271(a)”; and ######
(iv)in paragraph
(7)(as so redesignated), by striking “section 2446a(b)(3)” and inserting “section 4401(b)(3)”. ####
(2)Transfer of section 2366b #####
(A)Transfer 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. #####
(B)Amendments to subsection
(a)Subsection
(a)of such section is amended— ######
(i)in paragraph (2), by striking “section 2448b” and inserting “section 4272”; and ######
(ii)in paragraph (3)— ######
(I)in subparagraph (D), by striking “section 2435” and “section 2448a(a)” and inserting “section 4214 of this title” and “section 4271(a)”, respectively; and ######
(II)in subparagraph (N), by striking “section 2446b(e)” and inserting “section 4402(e)”. #####
(C)Amendments to subsection
(c)Subsection
(c)of such section is amended— ######
(i)in paragraph (1)— ######
(I)in subparagraph (A), by striking “section 2448a(a)” and inserting “section 4271(a)”; ######
(II)in subparagraph (C), by striking “section 2334(a)(6)” and inserting “section 3221(b)(6)”; and ######
(III)in subparagraph (E), by striking “section 2448b” and inserting “section 4272”; and ######
(ii)in paragraph (2)(A), by striking “section 2432” and inserting “sections 4351 through 4358”. #####
(D)Amendments to subsection
(d)Subsection (d)(3) of such section is amended by striking “section 2433a(c)” and inserting “section 4377”. #####
(E)Amendments to subsection
(g)Subsection
(g)of such section is amended— ######
(i)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; ######
(ii)in paragraph
(2)(as so redesignated), by striking “section 2366(e)(7)” and inserting “section 4172(e)(7)”; ######
(iii)in paragraph
(4)(as so redesignated), by striking “section 2448a(a)” and inserting “section 4271(a)”; and ######
(iv)in paragraph
(5)(as so redesignated), by striking “section 2446a(b)(3)” and inserting “section 4401(b)(3)”. ####
(3)Transfer of section 2366c 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)”. ###
(e)Subchapter Iv (additional Provisions Applicable Specifically to Mdaps) ####
(1)Transfer of section 2448a 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— #####
(A)in subsection (b)(1), by striking “section 2432(a)(2)” and inserting “section 4351(2)”; and #####
(B)in subsection (b)(2), by striking “section 2366a(d)(2)” and inserting “section 4251(d)(1)”. ####
(2)Transfer of section 2448b 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— #####
(A)in subsection (a)(1), by striking “section 2366a” and inserting “section 4251”; and #####
(B)in subsection (a)(2), by striking “section 2366b” and inserting “section 4252”. ####
(3)Transfer of section 2438 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— #####
(A)in subsection (b)(2), by striking “section 2433a(a)(1)” and inserting “section 4376(a)(1)”; and #####
(B)in subsections (b)(5)(A) and (d), by striking “section 2433a” and inserting “sections 4736 and 4377”. ####
(4)Transfer of section 2547(b) #####
(A)New section 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: > > ## “SEC. 4274 Acquisition-related functions of chiefs of the armed forces: adherence to requirements in major defense acquisition programs” > > **[**[10 U.S.C. 4274](/us/usc/t10/s4274)**]** > . #####
(B)Transfer 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— ######
(i)by redesignating such subsection as subsection (a); and ######
(ii)by redesignating paragraph
(2)as subsection (b). #####
(C)Amendments to new section 4274(a) Subsection
(a)of such section 4274, as so transferred and redesignated, is amended— ######
(i)by striking “Adherence to” and all that follows through “(1)” and inserting “Role of Service Chiefs in Program Capability Document Approval.—”; and ######
(ii)by striking “section 2448a(a)” and inserting “4271(a)”. #####
(D)Amendments to new section 4274(b) Subsection
(b)of such section 4274, as redesignated by subparagraph (B)(ii), is amended— ######
(i)by inserting “Role of Service Chiefs in Material Development Decision and Acquisition System Milestones.—” before “Consistent with”; ######
(ii)by striking “under subsection (a)” and inserting “under section 3053 of this title”; ######
(iii)by redesignating subparagraphs (A), (B), (C), and
(D)as paragraphs (1), (2), (3), and (4), respectively; ######
(iv)in paragraph (2), as so redesignated, by striking “section 2366a” and inserting “section 4251”; and ######
(v)in paragraph (3), as so redesignated, by striking “section 2366b” and inserting “section 4252”. ####
(5)Restatement of section 2547(c) & (d)(3) Such section 4274 is further amended by adding at the end— #####
(A)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 #####
(B)a new subsection
(d)as follows: > > ### “(d) Program Capability Document Defined > > In this section, the term ‘program capability document’ has the meaning provided that term in section 4401(b)(5) of this title.” > . ####
(6)Cross-reference amendments #####
(A)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)”. #####
(B)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”. ###
(f)Subchapter V (contractors) ####
(1)Transfer of section 2410p 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. ####
(2)Transfer of section 2436 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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