10 U.S.C. § 3101 — Definitions

Page 2395 TITLE 10—ARMED FORCES § 3103 to be deployed urgently, within 2 years, within 5 years, and longer than 5 years. ‘‘(b) BUDGETING AND ACQUISITION SYSTEMS.—The Sec- retary of Defense shall review and ensure that the ac- quisition and budgeting systems are structured to meet time-based or phased requirements in a manner that is predictable, cost effective, and efficient and takes ad- vantage of emerging technological developments.’’ § 3101. Definitions In this chapter, the term ‘‘acquisition’’ has the meaning provided in section 131 of title 41. (Added Pub. L. 111–383, div. A, title VIII, § 861(a), Jan. 7, 2011, 124 Stat. 4288, § 2545; amended Pub. L. 113–291, div. A, title X, § 1071(a)(11), Dec. 19, 2014, 128 Stat. 3505; renumbered § 3101 and amend- ed Pub. L. 116–283, div. A, title XVIII, § 1808(a)(2), (b)(1), Jan. 1, 2021, 134 Stat. 4159, 4160.) Editorial Notes CODIFICATION Section 2545 of this title, which was transferred to this section by Pub. L. 116–283, § 1808(a)(2), was also transferred or copied in large part to section 3001 of this title by Pub. L. 116–283, § 1806(a)(2)–(4). AMENDMENTS 2021—Pub. L. 116–283, § 1808(b)(1), substituted ‘‘In this chapter, the term’’ for ‘‘In this chapter:’’, par. (1) des- ignation, and ‘‘The term’’ and struck out pars. (2) to (4) which defined ‘‘defense acquisition system’’, ‘‘element of the defense acquisition system’’, and ‘‘acquisition workforce’’. Pub. L. 116–283, § 1808(a)(2), renumbered section 2545 of this title as this section. 2014—Par. (1). Pub. L. 113–291 substituted ‘‘section 131 of title 41’’ for ‘‘section 4(16) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(16))’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT 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. § 3102. Customer-oriented acquisition system (a) OBJECTIVE.—It shall be the objective of the defense acquisition system to meet the needs of its customers in the most cost-effective manner practicable. The acquisition policies, directives, and regulations of the Department of Defense shall be modified as necessary to ensure the de- velopment and implementation of a customer- oriented acquisition system. (b) CUSTOMER.—The customer of the defense acquisition system is the armed force that will have primary responsibility for fielding the sys- tem or systems acquired. The customer is rep- resented with regard to a major defense acquisi- tion program by the Secretary of the military department concerned and the Chief of the armed force concerned. (c) ROLE OF CUSTOMER.—The customer of a major defense acquisition program shall be re- sponsible for balancing resources against prior- ities on the acquisition program and ensuring that appropriate trade-offs are made among cost, schedule, technical feasibility, and per- formance on a continuing basis throughout the life of the acquisition program. (Added Pub. L. 114–92, div. A, title VIII, § 802(a)(1), Nov. 25, 2015, 129 Stat. 878, § 2546a; re- numbered § 3102 and amended Pub. L. 116–283, div. A, title XVIII, § 1808(a)(2), (3)(A), Jan. 1, 2021, 134 Stat. 4159.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2546a of this title as this section and transferred it so as to appear after section 3101 of this title. Directory language transferring this section ‘‘within such section’’ was ex- ecuted as if it had read ‘‘within such chapter’’, meaning chapter 205 of this title, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT 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. CONSIDERATION OF TRADE-OFFS AMONG COST, SCHED- ULE, AND PERFORMANCE OBJECTIVES IN DEPARTMENT OF DEFENSE ACQUISITION PROGRAMS Pub. L. 111–23, title II, § 201(a), May 22, 2009, 123 Stat. 1719, provided that: ‘‘(1) IN GENERAL.—The Secretary of Defense shall en- sure that mechanisms are developed and implemented to require consideration of trade-offs among cost, schedule, and performance objectives as part of the process for developing requirements for Department of Defense acquisition programs. ‘‘(2) ELEMENTS.—The mechanisms required under this subsection shall ensure, at a minimum, that— ‘‘(A) Department of Defense officials responsible for acquisition, budget, and cost estimating functions are provided an appropriate opportunity to develop estimates and raise cost and schedule matters before performance objectives are established for capabili- ties for which the Chairman of the Joint Require- ments Oversight Council is the validation authority; and ‘‘(B) the process for developing requirements is structured to enable incremental, evolutionary, or spiral acquisition approaches, including the deferral of technologies that are not yet mature and capabili- ties that are likely to significantly increase costs or delay production until later increments or spirals.’’ § 3103. Civilian management of the defense ac- quisition system (a) RESPONSIBILITY OF THE UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND SUSTAINMENT.—Subject to the authority, direc- tion and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment shall be responsible for the man- agement of the defense acquisition system and shall exercise such control of the system and perform such duties as are necessary to ensure the successful and efficient operation of the de- fense acquisition system, including the duties enumerated and assigned to the Under Secretary elsewhere in this title. (b) RESPONSIBILITY OF THE SERVICE ACQUISI- TION EXECUTIVES.—Subject to the direction of the Under Secretary of Defense for Acquisition and Sustainment on matters pertaining to ac- quisition, and subject to the authority, direc- tion, and control of the Secretary of the mili-