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10 U.S.C. § 4325 — Major weapon systems: assessment, management, and control of operating and support costs

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

10 U.S.C. § 4325 — Major weapon systems: assessment, management, and control of operating and support costs

**(a) Guidance Required.—** The Secretary of Defense shall issue and maintain guidance on actions to be taken to assess, manage, and control Department of Defense costs for the operation and support of major weapon systems. **(b) Elements.—** The guidance required by subsection (a) shall, at a minimum— (1) be issued in accordance with the requirements of [section 118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118&num=0&edition=prelim) and in conjunction with the comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems required by [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim); (2) require the military departments to retain each estimate of operating and support costs that is developed at any time during the life cycle of a major weapon system, together with supporting documentation used to develop the estimate; (3) require each Secretary of a military department to update estimates of operating and support costs periodically throughout the life cycle of a major weapon system, and make necessary adjustments to the life-cycle sustainment plan required by [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim) to ensure such major weapon system meets applicable operational readiness requirements and materiel readiness objectives (established in accordance with [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; (4) establish policies and procedures fo

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Source file: Laws/federal/codes/united-states-code/title-10/section-4325-major-weapon-systems-assessment-management-and-control-of-operating-and--5558125fb7.md
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Source location: Title 10, Chapter 323, § 4325; chapter-323-life-cycle-and-sustainment.md

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**(a) Guidance Required.—** The Secretary of Defense shall issue and maintain guidance on actions to be taken to assess, manage, and control Department of Defense costs for the operation and support of major weapon systems. **(b) Elements.—** The guidance required by subsection (a) shall, at a minimum— (1) be issued in accordance with the requirements of [section 118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118&num=0&edition=prelim) and in conjunction with the comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems required by [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim); (2) require the military departments to retain each estimate of operating and support costs that is developed at any time during the life cycle of a major weapon system, together with supporting documentation used to develop the estimate; (3) require each Secretary of a military department to update estimates of operating and support costs periodically throughout the life cycle of a major weapon system, and make necessary adjustments to the life-cycle sustainment plan required by [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim) to ensure such major weapon system meets applicable operational readiness requirements and materiel readiness objectives (established in accordance with [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; (4) establish policies and procedures for the collection, organization, maintenance, and availability of standardized data on operating and support costs for major weapon systems in accordance with [section 2222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222&num=0&edition=prelim); (5) establish standard requirements for the collection and reporting of data on operating and support costs for major weapon systems by contractors performing weapon system sustainment functions in an appropriate format, and develop contract clauses to ensure that contractors comply with such requirements; (6) require the military departments— (A) to collect and retain data from operational and developmental testing and evaluation on the reliability and maintainability of major weapon systems; and (B) to use such data to inform system design decisions, provide insight into sustainment costs, and inform estimates of operating and support costs for such systems; (7) require the military departments to ensure that sustainment factors are fully considered at key life-cycle management decision points and that appropriate measures are taken to reduce operating and support costs by influencing system design early in development, developing sound sustainment strategies, and addressing key drivers of costs; (8) require the military departments to conduct an independent logistics assessment of each major weapon system prior to key acquisition decision points (including milestone decisions) to identify features that are likely to drive future operating and support costs, changes to system design that could reduce such costs, and effective strategies for managing such costs; (9) prior to the Milestone B approval (or equivalent approval) for a major weapon system, require the Secretary concerned to ensure the completion of an intellectual property management plan for product support required under [section 4324(b)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324/b/1/D&num=0&edition=prelim); and (10) require each Secretary of a military department to create and retain an independent cost estimate for the remainder of the life cycle of the covered weapon system every five years. **(c) Major Weapon System Defined.—** In this section, the term “major weapon system” has the meaning given that term in [section 101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a&num=0&edition=prelim).

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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. § 4324 — Life-cycle management and product support

**(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

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

10 U.S.C. § 2337a — Renumbered § 4325]

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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2337a

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

10 U.S.C. § 2222 — Defense business systems: business process reengineering; enterprise architecture; management

**(a) Defense Business Processes Generally.—** The Secretary of Defense shall ensure that defense business processes are reviewed, and as appropriate revised, through business process reengineering to match best commercial practices, to the maximum extent practicable, so as to minimize customization of commercial business systems. **(b) Defense Business Systems Generally.—** The Secretary of Defense shall ensure that each covered defense business system developed, deployed, and operated by the Department of Defense— (1) supports efficient business processes that have been reviewed, and as appropriate revised, through business process reengineering; (2) is integrated into a comprehensive defense business enterprise architecture; (3) is managed in a manner that provides visibility into, and traceability of, expenditures for the system; and (4) uses an acquisition and sustainment strategy that prioritizes the use of commercial software and business practices. **(c) Issuance of Guidance.—** (1) **Secretary of defense guidance.—** — The Secretary shall issue guidance to provide for the coordination of, and decision making for, the planning, programming, and control of investments in covered defense business systems. (2) **Supporting guidance.—** — The Secretary shall direct the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Chief Information Officer of each of the military departments to issue and maintain supporting guidance, as appropriate and within their respective areas of responsibility, for the guidance of the Secretary issued under paragraph (1). **(d) Guidance Elements.—** The guidance issued under subsection (c) shall include the following elements: (1) Policy to ensure that

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2222

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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. § 118 — Materiel readiness metrics and materiel readiness objectives for major weapon systems

**(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

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

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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

10 U.S.C. § 4328 — Weapon system design: sustainment factors

**(a) In General.—** The Secretary of Defense shall ensure that the defense acquisition system gives ample emphasis to sustainment factors, particularly those factors that are affected principally by the design of a weapon system, in the development of a weapon system. **(b) Requirements Process.—** The Secretary shall ensure that reliability and maintainability are included in the performance attributes of the key performance parameter on sustainment during the development of capabilities requirements. **(c) Solicitation and Award of Contracts.—** (1) **Requirement.—** — The program manager of a weapon system shall include in the solicitation for and terms of a covered contract for the weapon system clearly defined and measurable requirements for engineering activities and design specifications for reliability and maintainability. (2) **Exception.—** — If the program manager determines that engineering activities and design specifications for reliability or maintainability should not be a requirement in a covered contract or a solicitation for such a contract, the program manager shall document in writing the justification for the decision. (3) **Source selection criteria.—** — The Secretary shall ensure that sustainment factors, including reliability and maintainability, are given ample emphasis in the process for source selection. The Secretary shall encourage the use of objective reliability and maintainability criteria in the evaluation of competitive proposals. **(d) Contract Performance.—** (1) **In general.—** — The Secretary shall ensure that the Department of Defense uses best practices for responding to the positive or negative performance of a contractor in meeting the sustainment requirements of a covered contract for a weapon system. The Secretary s

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4328

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

10 U.S.C. § 4325 — Major weapon systems: assessment, man-

Page 2737 TITLE 10—ARMED FORCES § 4325 ‘‘a technical data and intellectual property manage- ment plan for product support; and’’; added subpars. (H) and (I) of par. (1); and added par. (2). Amendment add- ing par. (2) ‘‘at the end of’’ par. (1) was executed by add- ing par. (2) after par. (1) to reflect the probable intent of Congress. Subsec. (d)(7), (8). Pub. L. 117–263, § 806(b), added par. (7) and redesignated former par. (7) as (8). 2021—Pub. L. 116–283, § 1848(d)(1), renumbered section 2337 of this title as this section. Pub. L. 116–283, § 802(a)(1)–(3), substituted ‘‘covered system’’ for ‘‘major weapon system’’ and ‘‘weapon sys- tem’’ and ‘‘covered systems’’ for ‘‘major weapon sys- tems’’ wherever appearing. Subsec. (b). Pub. L. 116–283, § 802(a)(5), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 116–283, § 802(a)(4), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (c)(2)(A). Pub. L. 116–283, § 802(a)(6)(A), amend- ed subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘develop and implement a com- prehensive product support strategy for the weapon system;’’. Subsec. (c)(2)(B). Pub. L. 116–283, § 802(a)(6)(B), sub- stituted ‘‘ensure the life cycle sustainment plan is in- formed by’’ for ‘‘use’’. Subsec. (c)(2)(C). Pub. L. 116–283, § 802(a)(6)(C), in- serted ‘‘and life cycle sustainment plan’’ after ‘‘product support strategy’’. Subsec. (c)(5). Pub. L. 116–283, § 1848(d)(2), which di- rected amendment of subsec. (c)(5) by substituting ‘‘section 3041(c)(1)’’ for ‘‘section 2302d(a)’’ and could not be executed, was repealed by Pub. L. 117–81, § 1701(b)(17). Subsec. (d). Pub. L. 116–283, § 802(a)(4), redesignated subsec. (c) as (d). Subsec. (d)(5). Pub. L. 116–283,

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