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10 U.S.C. § 4324 — Life-cycle management and product support

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4324 — Life-cycle management and product support

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Source file: Laws/federal/codes/united-states-code/title-10/section-4324-life-cycle-management-and-product-support--4bf42ddc04.md
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Source location: Title 10, Chapter 323, § 4324; chapter-323-life-cycle-and-sustainment.md

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**(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 intellectual property management plan for product support developed in accordance with [section 3774 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3774&num=0&edition=prelim), including requirements for technical data, software, and modular open system approaches (as defined in [section 4401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4401&num=0&edition=prelim)). (E) A strategy to maximize use of public and private sector capabilities including public-private partnerships, when appropriate. (F) After consideration of the views received by the milestone decision authority from appropriate materiel, logistics, or fleet representatives, a plan to transition the covered system from production to initial fielding that addresses specific products or services required for successful initial fielding of the covered system, including— (i) a description of the necessary tooling or other unique support equipment, requirements for initial spare parts and components, technical handbooks and maintenance manuals, maintenance training, and facilities; (ii) an identification of the funding required to provide such products and services for any initial fielding location of the covered system; and (iii) an assessment of the required number of training simulators, including the initial operational capability and overall fielding of such simulators. (2) In developing each life-cycle sustainment plan required by this section, the product support manager shall— (A) consider affordability constraints and key cost factors that could affect operating and support costs during the life cycle of the covered system; (B) consider sustainment risks or challenges to sustaining the covered system in operational environments, including contested logistics environments (as defined in [section 2926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2926&num=0&edition=prelim)); (C) seek to comply with— (i) requirements to maintain a core logistics capability under [section 2464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2464&num=0&edition=prelim); and (ii) limitations on the performance of depot-level maintenance of materiel under [section 2466 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2466&num=0&edition=prelim); (D) seek to integrate commercial best practices, use commercial standards, and use advanced technologies to enhance the product support of each covered system; and (E) seek to maintain a robust, resilient, and innovative defense industrial base to support requirements throughout the life cycle of the covered system. **(d) 11 So in original. No subsec. (c) has been enacted. Definitions.—** In this chapter: (1) The terms “milestone decision authority” and “Milestone A approval” have the meanings given, respectively, in [section 4251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4251&num=0&edition=prelim). (2) The term “Milestone B approval” and “Milestone C approval” has the meaning given in [section 4172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4172&num=0&edition=prelim). (3) The term “covered system” means— (A) a major defense acquisition program as defined in [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim); (B) a major subprogram as described in [section 4203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4203&num=0&edition=prelim); or (C) an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3602&num=0&edition=prelim) that is estimated by the Secretary of Defense to require an eventual total expenditure described in [section 4201(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201/a/2&num=0&edition=prelim). (4) The term “critical readiness items of supply” means— (A) parts and systems designated as Mission Impaired Capability Awaiting Parts, Not Mission Capable Supply, or Casualty Report Category 3 or 4 status (as defined by the Secretary of Defense or a Secretary of a military department); or (B) parts or systems designated by the Secretary of Defense as negatively impacting the materiel readiness objectives of a covered system. (5) The term “Integrated Product Support Elements” means, with respect to a covered system— (A) product support management; (B) design interface; (C) sustaining engineering; (D) maintenance planning and management; (E) supply support; (F) support equipment; (G) technical data; (H) training and training support; (I) information technology systems continuous support; (J) facilities and infrastructure; (K) packaging, handling, storage, and transportation; and (L) manpower and personnel. (6) The term “product support” means the package of support functions required to field and sustain the readiness and operational capability of covered systems (including subsystems and components of such covered systems). (7) The term “product support arrangement”— (A) means a contract, task order, or another contractual arrangement, or any type of agreement or non-contractual arrangement entered into by the Federal Government, for the performance of sustainment or logistics support required for covered systems (including subsystems and components of such covered systems); and (B) includes arrangements for any of the following: (i) Performance-based logistics. (ii) Sustainment support. (iii) Contractor logistics support. (iv) Life-cycle product support. (8) The term “product support integrator” means an entity responsible for integrating private and public sources of product support within the scope of a product support arrangement. (9) The term “product support provider” means an entity that provides product support functions.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4201 — Major defense acquisition programs: definition; exceptions

**(a) Definition.—** Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and— (1) that is designated by the Secretary of Defense as a major defense acquisition program; or (2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require— (A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or (B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars). **(b) Exceptions.—** In this part, the term “major defense acquisition program” does not include the following: (1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3602&num=0&edition=prelim). (2) An acquisition program for a defense business system (as defined in [section 2222(i)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222/i/1&num=0&edition=prelim)) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; [10 U.S.C. 2223a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2223a&num=0&edition=prelim) note).11 See References in

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4203 — Major subprograms

**(a) Authority To Designate Major Subprograms as Subject to Acquisition Reporting Requirements.—** (1) (A) If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more categories of end items which differ significantly from each other in form and function, the Secretary may designate each such category of end items as a major subprogram for the purposes of acquisition reporting under this subpart. (B) If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more increments or blocks, the Secretary may designate each such increment or block as a major subprogram for the purposes of acquisition reporting under this subpart. (2) The Secretary shall notify the congressional defense committees in writing of any proposed designation pursuant to paragraph (1) not less than 30 days before the date such designation takes effect. **(b) Reporting Requirements.—** (1) If the Secretary designates a major subprogram of a major defense acquisition program in accordance with subsection (a), Selected Acquisition Reports, unit cost reports, and program baselines under this subpart shall reflect cost, schedule, and performance information— (A) for the major defense acquisition program as a whole (other than as provided in paragraph (2)); and (B) for each major subprogram of the major defense acquisition program so designated. (2) For a major defense acquisition program for which a designation of a major subprogram has been made under subsection (a), unit costs under this subpart shall be submitted in accordance with the definitions in subsection (d). **(c) Requirement to Cover Entire Major Defense Acquisition Program.—** If a subprogram of a major defense acqui

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2926 — Operational energy

**(a) Operational Energy Policy.—** In carrying out [section 2911(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911/a&num=0&edition=prelim), the Secretary of Defense shall ensure the types, availability, and use of operational energy promote the readiness of the armed forces for their military missions in contested logistics environments. **(b) Responsibilities.—** The Secretary of Defense shall— (1) require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans; (2) authorize the use of energy security, cost of backup power, supportability in contested logistics environments, and energy resilience as factors in the cost-benefit analysis for procurement of operational equipment; and (3) in selecting equipment that will use operational energy, give favorable consideration to the acquisition of equipment that enhances energy security, energy resilience, energy conservation, and reduces logistical vulnerabilities in contested logistics environments. **(c) Functions of the Assistant Secretary of Defense for Energy, Installations, and Environment.—** The Assistant Secretary of Defense for Energy, Installations, and Environment, in consultation with the heads of the appropriate Department of Defense components and in coordination with the working group under subsection (d), shall— (1) oversee the operational energy activities of the Department of Defense, including the activities of the working group established under subsection (d), and oversee the investments of the Department in such activities; (2) make recommendations to the Secretary regarding the policies and investments that affect the use o

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3774 — Major weapon systems and subsystems: long-term technical data needs

**(a) Assessments and Acquisitions Strategies.—** (1) The Secretary of Defense shall require program managers for major weapon systems and subsystems of major weapon systems to— (A) assess the long-term technical data needs of such systems and subsystems; and (B) establish corresponding acquisition strategies that provide for technical data rights needed to sustain such systems and subsystems over their life cycle. (2) Such strategies may include— (A) the development of maintenance capabilities within the Department of Defense; or (B) competition for contracts for sustainment of such systems or subsystems. **(b) Requirements Relating to Assessments and Acquisition Strategies.—** Assessments and corresponding acquisition strategies developed under subsection (a) with respect to a weapon system or subsystem shall— (1) be developed before issuance of a contract solicitation for the weapon system or subsystem; (2) address the merits of including a priced contract option for the future delivery of technical data that were not acquired upon initial contract award; (3) address the potential for changes in the sustainment plan over the life cycle of the weapon system or subsystem; and (4) apply to weapon systems and subsystems that are to be supported by performance-based logistics arrangements as well as to weapons systems and subsystems that are to be supported by other sustainment approaches. **(c) Preference for Specially Negotiated Licenses.—** (1) The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system. (2) In performing the assessm

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4172 — Major systems and munitions programs: survivability testing and lethality testing required before full-scale production

**(a) Requirements.—** (1) The Secretary of Defense shall provide that— (A) a covered system may not proceed beyond low-rate initial production until realistic survivability testing of the system is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection; and (B) a major munition program or a missile program may not proceed beyond low-rate initial production until realistic lethality testing of the program is completed in accordance with this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection. (2) The Secretary of Defense shall provide that a covered product improvement program may not proceed beyond low-rate initial production until— (A) in the case of a product improvement to a covered system, realistic survivability testing is completed in accordance with this section; and (B) in the case of a product improvement to a major munitions program or a missile program, realistic lethality testing is completed in accordance with this section. **(b) Test Guidelines.—** (1) Survivability and lethality tests required under subsection (a) shall be carried out sufficiently early in the development phase of the system or program (including a covered product improvement program) to allow any design deficiency demonstrated by the testing to be corrected in the design of the system, munition, or missile (or in the product modification or upgrade to the system, munition, or missile) before proceeding beyond low-rate initial production. (2) The costs of all tests required under that subsection shall be paid from funds available for the system being tested. **(c) Waiver Authority.—** (1) T

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2466 — Limitations on the performance of depot-level maintenance of materiel

**(a) Percentage Limitation.—** Not more than 50 percent of the funds made available in a fiscal year to a military department or a Defense Agency for depot-level maintenance and repair workload may be used to contract for the performance by non-Federal Government personnel of such workload for the military department or the Defense Agency. Any such funds that are not used for such a contract shall be used for the performance of depot-level maintenance and repair workload by employees of the Department of Defense. **(b) Waiver of Limitation.—** The Secretary of Defense may waive the limitation in subsection (a) for a fiscal year if— (1) the Secretary determines that the waiver is necessary for reasons of national security; and (2) the Secretary submits to Congress a notification of the waiver together with the reasons for the waiver. **(c) Prohibition on Delegation of Waiver Authority.—** The authority to grant a waiver under subsection (b) may not be delegated. **(d) Annual Report.—** (1) Not later than 90 days after the date on which the budget of the President for a fiscal year 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), the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that was expended during the preceding fiscal year, and are projected to be expended during the current fiscal year and the ensuing fiscal year, for performance of depot-level maintenance and repair workloads by the public and private sectors. (2) Each report required under paragraph (1) shall include as a separa

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2302 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1806(d), Jan. 1, 2021, 134 Stat. 4155]

### Statutory Notes Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 127; Pub. L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 85–861, § 1(43A), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 96–513, title V, § 511(74), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–369, div. B, title VII, § 2722(a), July 18, 1984, 98 Stat. 1186; Pub. L. 98–525, title XII, § 1211, Oct. 19, 1984, 98 Stat. 2589; Pub. L. 98–577, title V, § 504(b)(3), Oct. 30, 1984, 98 Stat. 3087; Pub. L. 99–661, div. A, title XIII, § 1343(a)(13), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–189, div. A, title VIII, § 853(b)(1), Nov. 29, 1989, 103 Stat. 1518; Pub. L. 102–25, title VII, § 701(d)(1), Apr. 6, 1991, 105 Stat. 113; Pub. L. 102–190, div. A, title VIII, § 805, Dec. 5, 1991, 105 Stat. 1417; Pub. L. 103–355, title I, § 1502, Oct. 13, 1994, 108 Stat. 3296; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(3), Feb. 10, 1996, 110 Stat. 672; Pub. L. 104–201, div. A, title VIII, §§ 805(a)(1), 807(a), Sept. 23, 1996, 110 Stat. 2605, 2606; Pub. L. 105–85, div. A, title VIII, § 803(b), Nov. 18, 1997, 111 Stat. 1832; Pub. L. 107–217, § 3(b)(2), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–350, § 5(b)(8), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 111–383, div. A, title VIII, § 866(g)(1), Jan. 7, 2011, 124 Stat. 4298; Pub. L. 113–291, div. A, title X, § 1071(a)(2), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 815(b), Nov. 25, 2015, 129 Stat. 896; Pub. L. 115–91, div. A, title II, § 221, Dec. 12, 2017, 131 Stat. 1333; Pub. L. 115–232, div. A, title VIII, § 836(c)(1), Aug. 13, 2018, 132 Stat. 1864; Pub. L. 116–283, div. A, title XVIII, § 1806(a)(5), (6), (b)(2)–(6

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2337 — Renumbered § 4324]

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4401 — Requirement for modular open system approach in major defense acquisition programs; definitions

**(a) Modular Open System Approach Requirement.—** A major defense acquisition program that receives Milestone A or Milestone B approval after January 1, 2019, shall be designed and developed, to the maximum extent practicable, with a modular open system approach to enable incremental development and enhance competition, innovation, and interoperability. Other defense acquisition programs shall also be designed and developed, to the maximum extent practicable, with a modular open system approach to enable incremental development and enhance competition, innovation, and interoperability. **(b) Disclosure Required.—** Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall make publicly available any standards for implementation of the modular open system approaches for contracts, unless the service acquisition executive with respect to a specific contract submits to the Secretary a request to not disclose such standards and the Secretary approves such request. **(c) Definitions.—** In this chapter: (1) The term “modular open system approach” means, with respect to a major defense acquisition program, an integrated business and technical strategy that— (A) employs a modular design that uses modular system interfaces between major systems, major system components and modular systems; (B) is subjected to verification to ensure that relevant modular system interfaces— (i) comply with, if available and suitable, widely supported and consensus-based standards; or (ii) are delivered pursuant to the requirements established in subsection (a)(2)(B) of section 804 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, including the delivery of— (I) software-defined int

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