Title 10 — Armed ForcesRelease 119-73not60
§4204 Milestone Decision Authority
Title 10 › Subtitle Subtitle A— General Military Law › Part V— ACQUISITION › Subpart F— Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development › Chapter 321— GENERAL MATTERS › § 4204
Summary
For major defense acquisition programs that reach Milestone A after October 1, 2016, the service acquisition executive in the military department that runs the program is normally the milestone decision authority — the official who approves key program steps. The Secretary of Defense can pick a different official instead if the program meets certain conditions: it answers a joint need, would be better run by a Defense Agency, has had a unit cost increase above the significant or critical thresholds in sections 4371–4375, is critical to an interagency or international effort, or the Secretary decides another official would better achieve cost, schedule, and performance goals. If the Secretary names an alternate decision authority, the military department can ask to switch it back; the Secretary must decide within 180 days. If the Secretary denies the request, the Secretary must report to the congressional defense committees explaining why the alternate official is better. The military department Secretary and the service Chief must certify in each Selected Acquisition Report that requirements are stable and funding is adequate, and must report any increased risk since the last report. The Secretary of Defense must review oversight rules, keep outside documentation to an absolute minimum when the service acquisition executive is the decision authority, and make sure outside oversight does not unnecessarily raise costs or slow schedules.
Full Legal Text
Title 10, §4204
Armed Forces — Source: USLM XML via OLRC
(a)The milestone decision authority for a major defense acquisition program reaching Milestone A after October 1, 2016, shall be the service acquisition executive of the military department that is managing the program, unless the Secretary of Defense designates, under subsection (b), another official to serve as the milestone decision authority.
(b)The Secretary of Defense may designate an alternate milestone decision authority for a program with respect to which any of the following applies:
(1)Subject to subsection (f), the Secretary determines that the program is addressing a joint requirement.
(2)The Secretary determines that the program is best managed by a Defense Agency.
(4)The program is critical to a major interagency requirement or technology development effort, or has significant international partner involvement.
(5)The Secretary determines that an alternate official serving as the milestone decision authority will best provide for the program to achieve desired cost, schedule, and performance outcomes.
(c)(1)After designating an alternate milestone decision authority under subsection (b) for a program, the Secretary of Defense may revert the position of milestone decision authority for the program back to the service acquisition executive upon request of the Secretary of the military department concerned. A decision on the request shall be made within 180 days after receipt of the request from the Secretary of the military department concerned.
(2)If the Secretary of Defense denies the request for reversion of the milestone decision authority back to the service acquisition executive, the Secretary shall report to the congressional defense committees on the basis of the Secretary’s decision that an alternate official serving as milestone decision authority will best provide for the program to achieve desired cost, schedule, and performance outcomes. No such reversion is authorized after a program has incurred a unit cost increase greater than the significant cost threshold or critical cost threshold under sections 4371 through 4375 of this title, except in exceptional circumstances.
(d)For each major defense acquisition program, the Secretary of the military department concerned and the Chief of the armed force concerned shall, in each Selected Acquisition Report required under section 4351 of this title—
(1)certify that program requirements are stable and funding is adequate to meet cost, schedule, and performance objectives for the program; and
(2)identify and report to the congressional defense committees on any increased risk to the program since the last report.
(e)The Secretary of Defense shall review the acquisition oversight process for major defense acquisition programs and shall—
(1)limit outside requirements for documentation to an absolute minimum on those programs where the service acquisition executive of the military department that is managing the program is the milestone decision authority; and
(2)ensure that any policies, procedures, and activities related to oversight efforts conducted outside of the military departments with regard to major defense acquisition programs shall be implemented in a manner that does not unnecessarily increase program costs or impede program schedules.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification The text of subsec. (d) of section 2430 of this title, which was transferred to this section, redesignated as subsecs. (a) to (f) and amended by Pub. L. 116–283, § 1846(f)(1), (5)(B), was based on Pub. L. 114–92, div. A, title VIII, § 825(a), Nov. 25, 2015, 129 Stat. 907; Pub. L. 114–328, div. A, title VIII, § 807(b), Dec. 23, 2016, 130 Stat. 2261.
Amendments
2024—Subsec. (f). Pub. L. 118–159 struck out subsec. (f). Text read as follows: “The authority of the Secretary of Defense to designate an alternative milestone decision authority for a program with respect to which the Secretary determines that the program is addressing a joint requirement, as set forth in subsection (b)(1), shall apply only for a major defense acquisition program that reaches Milestone A after
October 1, 2016, and before
October 1, 2019.” 2021—Pub. L. 116–283, § 1846(f)(1), transferred subsec. (d) of section 2430 of this title to this section, struck out subsec. designation, and redesignated pars. (1) to (5) as subsecs. (a) to (d), and (f), respectively. Subsec. (a). Pub. L. 116–283, § 1846(f)(2), inserted subsec. heading and substituted “under subsection (b)” for “under paragraph (2)”. Subsec. (b). Pub. L. 116–283, § 1846(f)(3)(A)–(C), inserted subsec. heading, substituted “to which any of the following applies:” for “to which—” in introductory provisions, and redesignated subpars. (A) to (E) as pars. (1) to (5), respectively. Subsec. (b)(1). Pub. L. 116–283, § 1846(f)(3)(D), (G), substituted “Subject to subsection (f)” for “subject to paragraph (5)” and period for semimcolon at end. Subsec. (b)(2). Pub. L. 116–283, § 1846(f)(3)(F), (G), substituted “The Secretary” for “the Secretary” and period for semicolon at end. Subsec. (b)(3). Pub. L. 116–283, § 1846(f)(3)(E)–(G), substituted “The program” for “the program”, “sections 4371 through 4375” for “section 2433” and period for semicolon at end. Subsec. (b)(4). Pub. L. 116–283, § 1846(f)(3)(F), (H), substituted “The program” for “the program” and period at end for “; or”. Subsec. (b)(5). Pub. L. 116–283, § 1846(f)(3)(F), substituted “The Secretary” for “the Secretary”. Subsec. (c). Pub. L. 116–283, § 1846(f)(4), inserted subsec. heading, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, realigned margins, and substituted “under subsection (b)” for “under paragraph (2)” in par. (1) and “sections 4371 through 4375” for “section 2433” in par. (2). Subsec. (d). Pub. L. 116–283, § 1846(f)(5), as amended by Pub. L. 117–81, § 1701(o)(6)(B)(i), inserted subsec. heading, struck out subpar. (A) designation before “For each”, substituted “under section 4351 of this title—” for “under section 2432 of this title,”, inserted par. (1) designation before “certify that”, substituted “the program; and” for “the program and”, inserted par. (2) designation before “identify and report”, and redesignated subpar. (B) as subsec. (e). Subsec. (e). Pub. L. 116–283, § 1846(f)(6), as amended by Pub. L. 117–81, § 1701(b)(15)(A), inserted subsec. heading, substituted “programs and shall—” for “programs and shall”, inserted par. (1) designation before “limit outside requirements”, substituted “decision authority; and” for “decision authority and”, and inserted par. (2) designation before “ensure that”. Pub. L. 116–283, § 1846(f)(5)(B), redesignated subpar. (B) of subsec. (d) as subsec. (e). Subsec. (f). Pub. L. 116–283, § 1846(f)(7), inserted subsec. heading and substituted “in subsection (b)(1)” for “in paragraph (2)(A)”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2021 AmendmentAmendment 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
Effective Date
note below.
Effective Date
Section and 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 an
Effective Date
of 2021 note preceding section 3001 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 4204
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60