10 U.S.C. § 4214
10 U.S.C. § 4214
HISTORICAL AND REVISION NOTES
1988 ACTSubsection (c) is based on Pub. L. 98-525, title XII, §1243, Oct. 19, 1984, 98 Stat. 2609, as amended by Pub. L. 100-26, §110(a)(1), Apr. 21, 1987, 101 Stat. 288.
EDITORIAL NOTES
CODIFICATION Pub. L. 110-417, §811(d)(2)(B), (3)(B), (4)(B)(i), which directed amendment of this section by inserting "or subprogram" after "the program" in subsec. (b) and after "the program" each place it appeared in subsecs. (c) and (d), was executed by making the insertions after "the program" each place it appeared in those subsecs. except after "designated major subprogram under the program", to reflect the probable intent of Congress.Pub. L. 99-591 is a corrected version of Pub. L. 99-500.Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 added identical sections.
AMENDMENTS2021- Pub. L. 116-283, §1847(b)(4), renumbered section 2435 of this title as this section.Subsec. (a)(2). Pub. L. 116-283, §1847(b)(4)(A), substituted "sections 4371 through 4375" for "section 2433".Subsec. (d)(1). Pub. L. 116-283, §1847(b)(4)(B)(i), substituted "In this subpart" for "In this chapter".Subsec. (d)(2). Pub. L. 116-283, §1847(b)(4)(A), (B)(ii), substituted "sections 4371 through 4375" for "section 2433" and "section 4374 of this title" for "subsection (d) of such section".Subsec. (d)(3). Pub. L. 116-283, §1847(b)(4)(B) (iii), as amended by Pub. L. 117-81, §1701(o)(6)(C)(i), substituted "section 4351" for "section 2432". 2019-Subsecs. (b), (e)(2). Pub. L. 116-92 substituted "the Under Secretary of Defense for Acquisition and Sustainment" for "the Under Secretary of Defense for Acquisition, Technology, and Logistics". 2008-Subsec. (a). Pub. L. 110-417, §811(d)(1), inserted "and for each designated major subprogram under the program" after "major defense acquisition program" in par. (1) and "or designated major subprogram" after "major defense acquisition program" in par. (2). Subsec. (b). Pub. L. 110-417, §811(d)(2), inserted "or any designated major subprogram under the program" after "major defense acquisition program" and "or subprogram" after "after the program". See Codification note above.Subsec. (c). Pub. L. 110-417, §811(d)(3), inserted "or any designated major subprogram under the program" after "major defense acquisition program" in introductory provisions and "or subprogram" after "the program" in pars. (1) to (3). See Codification note above. Subsec. (d). Pub. L. 110-417, §811(d)(4), inserted "or any designated major subprogram under the program" after "major defense acquisition program" wherever appearing, in par. (1), inserted "or subprogram" after "to the program", "before the program", and "at program", and, in par. (2), inserted "or subprogram" after "for the program" in two places. See Codification note above.Subsec. (e)(2). Pub. L. 110-417, §811(d)(5), inserted "(or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms)" after "baseline description" and "or subprogram" before period at end and substituted "any such baseline description" for "the baseline".2006-Subsec. (d). Pub. L. 109-163 added subsec. (d). Former subsec. (d) redesignated (e).Subsec. (d)(1). Pub. L. 109-364 inserted "prepared before the program enters system development and demonstration, or at program initiation, whichever occurs later" after "program under subsection (a)".Subsec. (e). Pub. L. 109-163 redesignated subsec. (d) as (e).2001-Subsec. (b). Pub. L. 107-107, §§821(d)(1), 1048 (b)(2), substituted "system development and demonstration" for "engineering and manufacturing development" and "Under Secretary of Defense for Acquisition, Technology, and Logistics" for "Under Secretary of Defense for Acquisition and Technology".Subsec. (c)(1). Pub. L. 107-107, §821(d)(2)(A), substituted "system development and demonstration" for "demonstration and validation". Subsec. (c)(2). Pub. L. 107-107, §821(d)(2)(B), substituted "production and deployment" for "engineering and manufacturing development".Subsec. (c)(3). Pub. L. 107-107, §821(d)(2)(C), substituted "full rate production" for "production and deployment".Subsec. (d)(2). Pub. L. 107-107, §1048(b)(2), substituted "Under Secretary of Defense for Acquisition, Technology, and Logistics" for "Under Secretary of Defense for Acquisition and Technology".1994- Pub. L. 103-355 amended section generally. Prior to amendment, section related to enhanced program stability.1993-Subsec. (b)(2)(B). Pub. L. 103-160 substituted "Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition". 1990-Subsec. (b)(1). Pub. L. 101-510, §1484(k) (11), struck out closing parenthesis after "such Secretary" in introductory provisions.Subsec. (c). Pub. L. 101-510, §1207(b), struck out subsec. (c) which read as follows: "STABILITY OF PROGRAM MANAGERS.-(1) The tour of duty of an officer of the armed forces as a program manager of a major defense acquisition program shall be (A) not less than four years, or (B) until completion of a major program milestone (as defined in regulations prescribed by the Secretary of Defense)."(2) The Secretary of the military department concerned may waive the length of the tour of duty prescribed in paragraph (1). The authority under the preceding sentence may not be delegated."1989-Subsec. (a)(2)(B)(iv). Pub. L. 101-189, §811(b)(1), substituted "production" for "development".Subsec. (b)(1). Pub. L. 101-189, §811(b)(2)(A), substituted "service acquisition executive designated by such Secretary" for "senior procurement executive of such military department (designated pursuant to section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))".Subsec. (b)(2). Pub. L. 101-189, §811(b)(2)(B), substituted "180 days" for "90 days" in introductory provisions.1988-Subsec. (b)(2). Pub. L. 100-456 clarified amendment by Pub. L. 100-180, §803(a). See 1987 Amendment note below.Subsec. (c). Pub. L. 100-370 added subsec. (c).1987-Subsec. (b)(2). Pub. L. 100-180, as amended by Pub. L. 100-456, substituted "under paragraph (1), and for which the total cost of completion of the stage will exceed by 15 percent or more, in the case of a development stage, or by 5 percent or more, in the case of a production stage, the amount specified in the baseline description established under subsection (a) for such stage; or any milestone specified in such baseline description will be missed by more than 90 days" for first reference to "under paragraph (1)".Subsec. (c). Pub. L. 100-26, §7(b)(6), struck out subsec. (c) which defined "major defense acquisition program".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117-81 applicable as if included in the enactment of title XVIII of Pub. L. 116-283 as enacted, see section 1701(a)(2) of Pub. L. 117-81, set out in a note preceding section 3001 of this title and note below.Amendment by Pub. L. 116-283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116-283, set out as a note preceding section 3001 of this title.
EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-163, div. A, title VIII, §802(e), Jan. 6, 2006, 119 Stat. 3370, provided that: "(1) IN GENERAL.-The amendments made by this section [amending this section and former section 2433 of this title] shall take effect on the date of the enactment of this Act [Jan. 6, 2006], and shall apply with respect to any major defense acquisition program for which an original Baseline Estimate is first established before, on, or after that date."(2) APPLICABILITY TO CURRENT MAJOR DEFENSE ACQUISITION PROGRAMS.-In the case of a major defense acquisition program for which the program acquisition unit cost or procurement unit cost, as applicable, exceeds the original Baseline Estimate for the program by more than 50 percent on the date of the enactment of this Act-"(A) the current Baseline Estimate for the program as of such date of enactment is deemed to be the original Baseline Estimate for the program for purposes of [former] section 2433 of title 10, United States Code [see 10 U.S.C. 4371 to 4375] (as amended by this section); and "(B) each Selected Acquisition Report submitted on the program after the date of the enactment of this Act shall reflect each of the following:"(i) The original Baseline Estimate, as first established for the program, without adjustment or revision. "(ii) The Baseline Estimate for the program that is deemed to be the original Baseline Estimate for the program under subparagraph (A). "(iii) The current original Baseline Estimate for the program as adjusted or revised, if at all, in accordance with subsection (d)(2) of section 2435 of title 10, United States Code [now 10 U.S.C. 4214(d)(2)] (as added by subsection (d) of this section)."
EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-510, div. A, title XII, §1207(b), Nov. 5, 1990, 104 Stat. 1665, provided that the amendment made by that section is effective Oct. 1, 1991.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-456 applicable as if included in the enactment of Pub. L. 100-180, see section 1233(l)(5) of Pub. L. 100-456 set out as a note under section 4172 of this title.
EFFECTIVE DATEPub. L. 99-500, §101(c) [title X, §904(b)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-134, and Pub. L. 99-591, §101(c) [title X, §904(b)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-134, and Pub. L. 99-661, div. A, title IX, formerly title IV, §904(b), Nov. 14, 1986, 100 Stat. 3914, renumbered title IX, Pub. L. 100-26, §3(5), Apr. 21, 1987, 101 Stat. 273, provided that: "Section 2435 of title 10, United States Code [now 10 U.S.C. 4214] (as added by subsection (a)(1)), shall apply to major defense acquisition programs that enter full-scale engineering development or full-rate production after the date of the enactment of this Act [Oct. 18, 1986]."
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- officer
- The term "officer" means a commissioned or warrant officer.
- service acquisition executive
- The term "service acquisition executive" means the civilian official within a military department who is designated as the service acquisition executive for purposes of regulations and procedures providing for a service acquisition executive for that military department.