§4324 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must make sure every covered system has a performance-based life-cycle sustainment plan. The plan must be approved by the service acquisition executive and must meet operational and materiel readiness goals under section 118(c) in the most cost-effective way possible. A product support manager must create, update, and carry out the plan. The plan must include a support strategy that covers all Integrated Product Support Elements and lets the team pick the right integrators and providers; a life-cycle cost estimate tied to that strategy (and for major programs, one that supports Milestone A, B, or C approvals); engineering and design choices to lower sustainment costs; an intellectual property plan under section 3774 (covering technical data, software, and modular open systems under section 4401); use of public and private capabilities; and a transition-to-fielding plan that lists tooling, initial spares, manuals, training, facilities, funding needs, and training simulators. While making the plan, the manager must consider affordability, sustainment risks (including contested logistics per section 2926), follow core logistics and depot maintenance rules (sections 2464 and 2466), use commercial best practices and new technologies, and help keep a strong defense industrial base. Definitions (one line each): Milestone decision authority and Milestone approvals — as defined in sections 4251 and 4172; covered system — a major defense acquisition program, a major subprogram, or a rapid fielding/prototyping program expected to reach the cost in section 4201(a)(2); critical readiness items of supply — parts or systems that cause mission impairment or are so designated by the Secretary of Defense; Integrated Product Support Elements — product support management; design interface; sustaining engineering; maintenance planning and management; supply support; support equipment; technical data; training and training support; IT systems continuous support; facilities and infrastructure; packaging/handling/storage/transportation; and manpower and personnel; product support — the set of functions needed to field and sustain systems; product support arrangement — a contract or agreement for sustainment (including performance-based logistics, sustainment support, contractor logistics support, or life-cycle product support); product support integrator — the entity that coordinates public and private support; product support provider — the entity that performs support.

Title 10, §4324

Armed Forces — Source: USLM XML via OLRC

(a)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) in the most cost-effective manner practicable.

(b)(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, including requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title).

(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);

(C)seek to comply with—

(i)requirements to maintain a core logistics capability under section 2464 of this title; and

(ii)limitations on the performance of depot-level maintenance of materiel under section 2466 of this title;

(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)In this chapter:

(1)The terms “milestone decision authority” and “Milestone A approval” have the meanings given, respectively, in section 4251 of this title.

(2)The term “Milestone B approval” and “Milestone C approval” has the meaning given in section 4172 of this title.

(3)The term “covered system” means—

(A)a major defense acquisition program as defined in section 4201 of this title;

(B)a major subprogram as described in section 4203 of this title; 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 that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of this title.

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Pub. L. 119–60, § 1803(c), amended section generally. Prior to amendment, section related to guidance on life-cycle management, life cycle sustainment plans, and product support managers for covered systems. Subsec. (d)(8). Pub. L. 119–60, § 1805(b)(1), which directed the insertion of “the term ‘decision authority’ ” after “meaning given”, could not be executed following the general amendment of the section by Pub. L. 119–60, § 1803(c). See above. 2024—Subsec. (d)(5)(B). Pub. L. 118–159 substituted “section 3602 of this title” for “section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note)”. 2022—Subsec. (b). Pub. L. 117–263, § 806(a), designated existing provisions as par. (1) and inserted heading; inserted “for which the milestone decision authority has received views from appropriate materiel, logistics, or fleet representatives” after “approved life cycle sustainment plan”; designated former pars. (1) to (8) as subpars. (A) to (G) and (J), respectively, of par. (1); amended subpar. (G) generally, prior to which text read “a technical data and intellectual property management plan for product support; and”; added subpars. (H) and (I) of par. (1); and added par. (2). Amendment adding par. (2) “at the end of” par. (1) was executed by adding 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 system” and “covered systems” for “major weapon systems” 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), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “develop and implement a comprehensive product support strategy for the weapon system;”. Subsec. (c)(2)(B). Pub. L. 116–283, § 802(a)(6)(B), substituted “ensure the life cycle sustainment plan is informed by” for “use”. Subsec. (c)(2)(C). Pub. L. 116–283, § 802(a)(6)(C), inserted “and life cycle sustainment plan” after “product support strategy”. Subsec. (c)(5). Pub. L. 116–283, § 1848(d)(2), which directed 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, § 802(a)(7)(A), amended par. (5) generally. Prior to amendment, par. (5) defined “major weapon system”. Subsec. (d)(5)(A). Pub. L. 117–81, § 1701(d)(11)(A), substituted “section 4201” for “section 2430”. Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2430”, which was redesignated as multiple sections. Subsec. (d)(5)(B). Pub. L. 117–81, § 1701(d)(11)(A), which directed the substitution of “section 4201(a)(2) of this title” for “section 2430(a)(1)(B)”, could not be executed because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below. Pub. L. 116–283, § 1883(b)(2), substituted “section 4201(a)(2)” for “section 2430(a)(1)(B)”. Subsec. (d)(6). Pub. L. 117–81, § 1701(d)(11)(B), which directed the substitution of “section 4172(e)(7)” for “section 2366(e)(7)”, could not be executed because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below. Pub. L. 116–283, § 1883(b)(2), substituted “section 4172(e)(7)” for “section 2366(e)(7)”. Pub. L. 116–283, § 802(a)(7)(B), added par. (6). Subsec. (d)(7). Pub. L. 117–81, § 1701(d)(11)(C), which directed the substitution of “section 4211(e)(3)” for “section 2431a(e)(5)”, could not be executed because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below. Pub. L. 116–283, § 1883(b)(2), substituted “section 4211(e)(3)” for “section 2431a(e)(5)”. Pub. L. 116–283, § 802(a)(7)(B), added par. (7). 2013—Subsec. (b)(2)(I). Pub. L. 113–66 added subpar. (I).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by section 1701(d)(11) of Pub. L. 117–81 to take effect immediately after the

Amendments

made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1848(d)(1), (2) 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. Similar ProvisionsProvisions similar to those in this section were contained in section 805 of Pub. L. 111–84, which was set out as a note under section 2302 of this title prior to repeal by Pub. L. 112–239, div. A, title VIII, § 823(b), Jan. 2, 2013, 126 Stat. 1832.

§4324 Life-cycle Management and Product Support

Summary

Title 10, §4324

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata