§4323 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must require each Secretary of a military department, working with the Under Secretary of Defense for Acquisition and Sustainment, to check how each major weapon system actually performs compared to the operational readiness requirements and materiel readiness objectives set under section 118(c). Each department must use those checks to find reasons for failures, make and carry out corrective action plans quickly, and use the results when sending materials to Congress under section 118(c)(2) and when preparing the future-years defense program under section 221. Within five days after the President’s budget goes to Congress under section 1105 of title 31, each military department Secretary, with that Under Secretary, must send a report to the congressional defense committees. The report must say what was found about life-cycle sustainment plans under section 4324, explain how the assessments affected submissions to Congress and the future-years defense program, and—for any covered system (see section 4324) that met initial operational capability but failed materiel availability or operational availability goals for two consecutive calendar years—identify causes, give a mitigation plan for supply, maintenance, or other issues, and describe corrective actions and progress. The report must also summarize steps taken to meet readiness goals as cost-effectively as possible.

Title 10, §4323

Armed Forces — Source: USLM XML via OLRC

(a)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). 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 and the development of the future-years defense program required by section 221 of this title.

(b)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, 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 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 and the development of the future-years defense program required by section 221 of this title.

(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), 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)In this section, the term “covered system” has the meaning given in section 4324 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Pub. L. 119–60 amended section generally. Prior to amendment, section required a sustainment review of each covered system not later than five years after declaration of initial operational capability of a major defense acquisition program, and every five years thereafter throughout the life cycle of the covered system. 2021—Pub. L. 116–283, § 1848(c), renumbered section 2441 of this title as this section. Subsec. (a). Pub. L. 116–283, § 802(c)(1), in first sentence, substituted “covered system” for “major weapon system”, “, and every five years thereafter throughout the life cycle of the covered system,” for “and throughout the life cycle of the weapon system”, and “costs of the covered system” for “costs of the weapon system” and struck out second sentence which read as follows: “For any review after the first one, the Secretary concerned shall use availability and reliability thresholds and cost estimates as the basis for the circumstances that prompt such a review.” Subsec. (b). Pub. L. 116–283, § 802(c)(2)(A), inserted “assess execution of the life cycle sustainment plan of the covered system and” before “include the following elements:” in introductory provisions. Subsec. (b)(10). Pub. L. 116–283, § 802(c)(2)(B), added par. (10). Subsec. (c). Pub. L. 116–283, § 1848(c), substituted “section 4324 and 4325” for “section 2337 and 2337a”. Subsec. (d). Pub. L. 116–283, § 802(c)(3), added subsec. (d). Subsec. (e). Pub. L. 116–283, § 802(c)(3), added subsec. (e). Subsec. (e)(1). Pub. L. 116–283, § 1883(b)(2), substituted “section 4324” for “section 2337”. Subsec. (e)(2)(B). Pub. L. 116–283, § 1883(b)(2), substituted “section 4214(d)” for “section 2435(d)”. 2017—Subsec. (a). Pub. L. 115–91, § 816, inserted at end “The Secretary concerned shall make the memorandum and supporting documentation for each sustainment review available to the Under Secretary of Defense for Acquisition and Sustainment within 30 days after the review is completed.” Subsec. (c). Pub. L. 115–91, § 836(b)(2), substituted “section 2337 and 2337a of this title” for “section 2337 of this title and section 832 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2430 note)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by section 1848(c) and 1883(b)(2) of 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.

§4323 Sustainment Reviews