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10 U.S.C. § 4323 — Sustainment reviews
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review Required.—** The Secretary of Defense shall require each Secretary of a military department, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, to conduct an assessment of the actual performance of each major weapon system against the operational readiness requirements and materiel readiness objectives (established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c&num=0&edition=prelim)). Each Secretary of a military department shall use such assessment to—
(1) identify any factors contributing to the failure of a major weapon system to meet such requirements and objectives;
(2) develop and implement a corrective action plan to address such factors in an expeditious manner; and
(3) inform the submission of materials to Congress required by [section 118(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c/2&num=0&edition=prelim) and the development of the future-years defense program required by [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim).
**(b) Submission to Congress.—** Not later than five days after the date on which the budget of the President is submitted to Congress pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), each Secretary of a military department, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes the following:
(1) Findings from a review of the effectiveness of the life-cycle sustainment plan required unde
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Source file: Laws/federal/codes/united-states-code/title-10/section-4323-sustainment-reviews--a774967607.md
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Source location: Title 10, Chapter 323, § 4323; chapter-323-life-cycle-and-sustainment.md
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**(a) Review Required.—** The Secretary of Defense shall require each Secretary of a military department, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, to conduct an assessment of the actual performance of each major weapon system against the operational readiness requirements and materiel readiness objectives (established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c&num=0&edition=prelim)). Each Secretary of a military department shall use such assessment to—
(1) identify any factors contributing to the failure of a major weapon system to meet such requirements and objectives;
(2) develop and implement a corrective action plan to address such factors in an expeditious manner; and
(3) inform the submission of materials to Congress required by [section 118(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c/2&num=0&edition=prelim) and the development of the future-years defense program required by [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim).
**(b) Submission to Congress.—** Not later than five days after the date on which the budget of the President is submitted to Congress pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), each Secretary of a military department, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes the following:
(1) Findings from a review of the effectiveness of the life-cycle sustainment plan required under [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim) for a major weapon system.
(2) A description of how such assessments informed the submission of materials to Congress required by [section 118(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c/2&num=0&edition=prelim) and the development of the future-years defense program required by [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim).
(3) For a covered system which has been declared to meet initial operational capability, and that for two consecutive calendar years has failed to meet established materiel readiness objectives for materiel availability or operational availability (as such terms are defined, respectively, in [section 118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118&num=0&edition=prelim)), such report shall include—
(A) an identification of factors contributing to such failure;
(B) a mitigation plan to address supply, maintenance, or other issues contributing to such failure; and
(C) a description of any corrective action plan required by subsection (a)(2) and an update on progress made in implementing such a plan.
(4) A summary of actions taken by the Secretary to ensure that each covered system of the military department under the jurisdiction of the Secretary meets the applicable operational readiness requirements and materiel readiness objectives in the most cost-effective manner practicable.
**(c) Covered System Defined.—** In this section, the term “covered system” has the meaning given in [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
<a id="section-2442"></a>
Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2441
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall ensure that each covered system is supported by a performance-based life-cycle sustainment plan—
(1) that is approved by the service acquisition executive responsible for such covered system; and
(2) that meets applicable operational readiness requirements and materiel readiness objectives (established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c&num=0&edition=prelim)) in the most cost-effective manner practicable.
**(b) Life-cycle Sustainment Plan.—**
(1) A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following:
(A) A comprehensive product support strategy that addresses each Integrated Product Support Element in a manner—
(i) to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system; and
(ii) that allows evaluation and selection of product support integrators and product support providers appropriate to execute the product support strategy.
(B) A life-cycle cost estimate for the covered system that—
(i) is based on the product support strategy described in subparagraph (A); and
(ii) if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval, Milestone B approval, or Milestone C approval.
(C) Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management.
(D) An intellectu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4324
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense shall submit to Congress each year, not later than five days after the date on which the President’s budget is submitted to Congress that year under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.
**(b)**
(1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a).
(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) in the budget submitted to Congress under that section for any fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 221
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
<a id="section-2337a"></a>
Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2337
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 100–26, § 7(b)(2)(A), Apr. 21, 1987, 101 Stat. 279; amended Pub. L. 102–484, div. A, title VIII, § 817(b), Oct. 23, 1992, 106 Stat. 2455; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 111–23, title II, § 206(b), May 22, 2009, 123 Stat. 1728; Pub. L. 113–291, div. A, title X, § 1071(f)(18), Dec. 19, 2014, 128 Stat. 3511; 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), 847(a), Dec. 23, 2016, 130 Stat. 2261, 2292; Pub. L. 115–91, div. A, title VIII, § 831, title X, § 1081(a)(38), Dec. 12, 2017, 131 Stat. 1467, 1596; Pub. L. 116–283, div. A, title XVIII, § 1846(c)(1), (d)(1), (f)(1), Jan. 1, 2021, 134 Stat. 4248–4250, defined major defense acquisition program. See sections 4201, 4202(a), and 4204 of this title.
#### Effective Date of Repeal
Repeal 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2430
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Materiel Readiness Metrics.—** Each head of an element of the Department specified in paragraphs (1) through (10) of [section 111(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section111/b&num=0&edition=prelim) shall establish and maintain materiel readiness metrics to enable assessment of the readiness of members of the armed forces to carry out—
(1) the strategic framework required by section 113(g)(1)(B)(vii) 11 See References in Text note below. of this title; and
(2) guidance issued by the Secretary of Defense pursuant to [section 113(g)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g/1/B&num=0&edition=prelim).
**(b) Required Metrics.—** At a minimum, the materiel readiness metrics required by subsection (a) shall establish procedures and a computation methodology to determine the materiel availability, operational availability, operational capability, and materiel reliability of each major weapon system by designated mission, design series, variant, or class.
**(c) Materiel Readiness Objectives.—**
(1) Not later than one year after the date of the enactment of this subsection, each head of an element described in subsection (a) shall establish materiel readiness objectives for each major weapon system.
(2) Annually, each head of an element described in subsection (a) shall review and revise such materiel readiness objectives and include any such revisions in the materials submitted to Congress in support of the budget of the President under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim).
**(d) Budget Justification.—** Not later than five days after the date on which the Secre
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 118
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Federal law — U.S. Code and appendices · legal_authorities
Page 2734
TITLE 10—ARMED FORCES
§ 4323
(i) transfer mature technologies from the
new system or other systems to enhance
the mission capability of the existing sys-
tem against relevant threats; and
(ii) provide interoperability with the new
system during the period from initial field-
ing until the new system assumes the ma-
jority of responsibility for the mission of
the existing system.
(c) EXCEPTIONS.—Subsection (a) shall not
apply to a major defense acquisition program if
the Secretary of Defense determines that—
(1) the existing system is no longer relevant
to the mission;
(2) the mission has been eliminated;
(3) the mission has been consolidated with
another mission in such a manner that an-
other existing system can adequately meet the
mission requirements; or
(4) the duration of time until the new system
assumes the majority of responsibility for the
existing system’s mission is sufficiently short
so that mission availability, capability, inter-
operability, and force protection requirements
are maintained.
(d) WAIVER.—The Secretary of Defense may
waive the applicability of subsection (a) to a
major defense acquisition program if the Sec-
retary determines that, but for such a waiver,
the Department would be unable to meet na-
tional security objectives. Whenever the Sec-
retary makes such a determination and author-
izes such a waiver, the Secretary shall submit
notice of such waiver and of the Secretary’s de-
termination and the reasons therefor in writing
to the congressional defense committees.
(Added Pub. L. 108–375, div. A, title VIII,
§ 805(a)(1), Oct. 28, 2004, 118 Stat. 2008, § 2437; re-
numbered § 4321, Pub. L. 116–283, div. A, title
XVIII, § 1848(b), Jan. 1, 2021, 134 Stat. 4258.)
Editorial Notes
PRIOR PROVISIONS
A prior sec
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4323
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