10 U.S.C. § 4323 | Sustainment reviews

(a)

Review Required .—

section 118(c) of this titleThe 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 ). 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)

section 118(c)(2) of this title section 221 of this title inform the submission of materials to Congress required by and the development of the future-years defense program required by .

(b)

Submission to Congress .—

section 1105 of title 31Not later than five days after the date on which the budget of the President is submitted to Congress pursuant to , 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)

section 4324 of this title Findings from a review of the effectiveness of the life-cycle sustainment plan required under for a major weapon system.

(2)

section 118(c)(2) of this title section 221 of this title A description of how such assessments informed the submission of materials to Congress required by and the development of the future-years defense program required by .

(3)

section 118 of this title 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 ), 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)

Covered System Defined.—

section 4324 of this titleIn this section, the term “covered system” has the meaning given in .

Pub. L. 114–328, div. A, title VIII, § 849(c)(1)Dec. 23, 2016130 Stat. 2293 Pub. L. 115–91, div. A, title VIIIDec. 12, 2017131 Stat. 1462 Pub. L. 116–283, div. A, title VIII, § 802(c)Jan. 1, 2021134 Stat. 3732 Pub. L. 119–60, div. A, title XVIII, § 1803(b)Dec. 18, 2025139 Stat. 1229 (Added , , , § 2441; amended , §§ 816, 836(b)(2), , , 1473; renumbered § 4323 and amended , title XVIII, §§ 1848(c), 1883(b)(2), , , 4258, 4294; , , .)

Editorial Notes

Amendments

Pub. L. 119–602025— 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.

Pub. L. 116–283, § 1848(c)section 2441 of this title2021—, renumbered as this section.

Pub. L. 116–283, § 802(c)(1)Subsec. (a). , 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.”

Pub. L. 116–283, § 802(c)(2)(A)Subsec. (b). , inserted “assess execution of the life cycle sustainment plan of the covered system and” before “include the following elements:” in introductory provisions.

Pub. L. 116–283, § 802(c)(2)(B)Subsec. (b)(10). , added par. (10).

Pub. L. 116–283, § 1848(c)Subsec. (c). , substituted “sections 4324 and 4325” for “sections 2337 and 2337a”.

Pub. L. 116–283, § 802(c)(3)Subsec. (d). , added subsec. (d).

Pub. L. 116–283, § 802(c)(3)Subsec. (e). , added subsec. (e).

Pub. L. 116–283, § 1883(b)(2)Subsec. (e)(1). , substituted “section 4324” for “section 2337”.

Pub. L. 116–283, § 1883(b)(2)Subsec. (e)(2)(B). , substituted “section 4214(d)” for “section 2435(d)”.

Pub. L. 115–91, § 8162017—Subsec. (a). , 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.”

Pub. L. 115–91, § 836(b)(2)section 2337 of this title Public Law 112–81 10 U.S.C. 2430Subsec. (c). , substituted “sections 2337 and 2337a of this title” for “ and section 832 of the National Defense Authorization Act for Fiscal Year 2012 (; note)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleAmendment by sections 1848(c) and 1883(b)(2) of effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .