10 U.S.C. § 3103: Civilian management of the…

Summary

The Under Secretary of Defense for Acquisition and Sustainment must run and control the defense acquisition system under the Secretary of Defense. They have to manage the system so it meets the goals set under section 3102 (the defense acquisition goals) and do other duties assigned elsewhere in law. Service acquisition executives must follow the Under Secretary on acquisition matters and their own military department’s Secretary on department matters. They must quickly adapt to user needs with user input; use data to balance life‑cycle costs, schedules, performance, technical feasibility, and quantities; run short develop‑and‑test cycles and stop efforts that stray from priorities or blow cost or schedule limits; tell the Joint Requirements Oversight Council within 30 days about major changes to capability, quantity, or schedule; fill critical acquisition positions (see section 1731 for what those jobs are) and empower teams; and promote open cooperation with industry to deliver safe, effective systems on time and on budget.

Title 10, §3103

Armed Forces, Source: USLM XML via OLRC

(a)Responsibility of the Under Secretary of Defense for Acquisition and Sustainment.—

Subject to the authority, direction and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment shall be responsible for the management of the defense acquisition system and shall exercise such control of the system and perform such duties as are necessary in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title, including the duties enumerated and assigned to the Under Secretary elsewhere in this title.

(b)Responsibility of the Service Acquisition Executives.—

Subject to the direction of the Under Secretary of Defense for Acquisition and Sustainment on matters pertaining to acquisition, and subject to the authority, direction, and control of the Secretary of the military department concerned, a service acquisition executive of a military department shall be responsible for the management of elements of the defense acquisition system in that military department and shall exercise such control of the system and perform such duties as are necessary in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall—

(1)implement strategies to adapt rapidly to evolving end-user requirements, validated through end user engagement;

(2)use data analytics to manage trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to maximize best value for the end user;

(3)conduct iterative cycles to develop, test with end-users, and terminate capabilities that deviate from priorities or significantly exceed cost or schedule thresholds;

(4)notify the Joint Requirements Oversight Council within 30 days after changes to a defense acquisition program that result in a material difference in capability requirements, procurement quantities, or delivery schedules;

(5)assign personnel to critical acquisition positions (as defined in section 1731 of this title) to build expertise and accountability, equipping such personnel with strategies to empower teams, delegate authority, and embrace mission-focused risk-taking; and

(6)foster mutual transparency and cooperation between the Government and private sector entities and require collaboration with such entities to ensure delivery of safe, suitable, and effective systems on relevant timelines and on established cost baselines.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, § 1801(b)(1), substituted “in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title” for “to ensure the successful and efficient operation of the defense acquisition system”. Subsec. (b). Pub. L. 119–60, § 1801(b)(2), substituted “in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall—” and pars. (1) to (6) for “to ensure the successful and efficient operation of such elements of the defense acquisition system.” 2021—Pub. L. 116–283 renumbered section 2546 of this title as this section. 2019—Subsec. (a). Pub. L. 116–92, § 902(78)(A), (B), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics” in heading and text. Subsec. (b). Pub. L. 116–92, § 902(78)(C), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment 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.

§3103 Civilian Management of the Defense Acquisition System