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10 U.S.C. § 3103 (ARMED FORCES)
§ 3103. Civilian management of the defense acquisition system
(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 to ensure the successful and efficient operation of the defense acquisition system, 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 to ensure the successful and efficient operation of such elements of the defense acquisition system.
(Added Pub. L. 111–383, div. A, title VIII, § 861(a), Jan. 7, 2011, 124 Stat. 4288, § 2546; amended Pub. L. 116–92, div. A, title IX, § 902(78), Dec. 20, 2019, 133 Stat. 1552; renumbered § 3103, Pub. L. 116–283, div. A, title XVIII, § 1808(a)(2), Jan. 1, 2021, 134 Stat. 4159.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2546 of this title as this section.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 3106 (ARMED FORCES)
§ 3106. Elements of the defense acquisition system: performance goals
(a) Performance Goals Under Government Performance and Results Act of 1993.—
The annual performance plan prepared by the Department of Defense pursuant to section 1115 of title 31 shall include appropriate performance goals for elements of the defense acquisition system.
(b) Reporting Requirement.—
The annual report prepared by the Secretary of Defense pursuant to section 1116 of title 31 shall address the Department’s success in achieving performance goals established pursuant to such section for elements of the defense acquisition system.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1808(c)(1), Jan. 1, 2021, 134 Stat. 4160.)
heading: Codification
text: The text of subsecs. (d) and (e) of section 2548 of this title, which were transferred first to section 3105(d) and (e) of this title and then to this section, redesignated as subsecs. (a) and (b), respectively, and amended by Pub. L. 116–283, § 1808(a)(2), (c)(1), was based on Pub. L. 111–383, div. A, title VIII, § 861(a), Jan. 7, 2011, 124 Stat. 4289; amended Pub. L. 112–239, div. A, title X, § 1076(d)(5), (f)(30)(B), (C), Jan. 2, 2013, 126 Stat. 1951, 1953; Pub. L. 115–91, div. A, title X, § 1081(a)(41), Dec. 12, 2017, 131 Stat. 1596.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1808(c)(1)(B), redesignated subsecs. (d) and (e) of section 3105 of this title as subsecs. (a) and (b), respectively, of this section.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3131 (ARMED FORCES)
§ 3131. Availability of appropriations
(a) Funds appropriated to the Department of Defense for research and development remain available for obligation for a period of two consecutive years.
(b) Funds appropriated to the Department of Defense for research and development may be used—
(1) for the purposes of section 4141 1 of this title; and
(2) for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Department of Defense.
(Added Pub. L. 97–258, § 2(b)(3)(B), Sept. 13, 1982, 96 Stat. 1052, § 2361; renumbered § 2351 and amended Pub. L. 100–370, § 1(g)(1), July 19, 1988, 102 Stat. 846; renumbered § 3131 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1809(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4161, 4294.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1809(b), renumbered section 2351 of this title as this section.
Subsec. (b)(1). Pub. L. 116–283, § 1883(b)(2), substituted “section 4141” for “section 2353”.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 3132 (ARMED FORCES)
§ 3132. Availability of appropriations for procurement of technical military equipment and supplies
Funds appropriated to the Department of Defense for the procurement of technical military equipment and supplies remain available until spent.
(Added Pub. L. 97–258, § 2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1052, § 2394; renumbered § 2395 and amended Pub. L. 97–295, § 1(28)(A), Oct. 12, 1982, 96 Stat. 1291; renumbered § 3132, Pub. L. 116–283, div. A, title XVIII, § 1809(c), Jan. 1, 2021, 134 Stat. 4161.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2395 of this title as this section.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 3133 (ARMED FORCES)
§ 3133. Contracts for periods crossing fiscal years: severable service contracts; leases of real or personal property
(a) Authority.—
(1) The Secretary of Defense, the Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may enter into a contract for a purpose described in paragraph (2) for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed one year.
(2) The purpose of a contract described in this paragraph is as follows:
(A) The procurement of severable services.
(B) The lease of real or personal property, including the maintenance of such property when contracted for as part of the lease agreement.
(b) Obligation of Funds.—
Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of subsection (a).
(Added Pub. L. 100–370, § 1(h)(2), July 19, 1988, 102 Stat. 847, § 2410a; amended Pub. L. 102–190, div. A, title III, § 342, Dec. 5, 1991, 105 Stat. 1343; Pub. L. 104–324, title II, § 214(b), Oct. 19, 1996, 110 Stat. 3915; Pub. L. 105–85, div. A, title VIII, § 801(a), Nov. 18, 1997, 111 Stat. 1831; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title X, § 1005(a), (b)(1), Nov. 24, 2003, 117 Stat. 1584; renumbered § 3133, Pub. L. 116–283, div. A, title XVIII, § 1809(d), Jan. 1, 2021, 134 Stat. 4161.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2410a of this title as this section.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 3134 (ARMED FORCES)
§ 3134. Allocation of appropriations
(a) Appropriations available for procurement by an agency named in section 3063 of this title may, through administrative allotment, be made available for obligation for procurement by any other agency in amounts authorized by the head of the allotting agency and without transfer of funds on the books of the Department of the Treasury.
(b) A disbursing official of the allotting agency may make any disbursement chargeable to an allotment under subsection (a) upon a voucher certified by an officer or civilian employee of the procuring agency.
(c) For purposes of sections 3064 and 3066 of this title, this section shall be deemed to be a section of chapter 137 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 132, § 2309; Pub. L. 97–258, § 2(b)(1)(B), Sept. 13, 1982, 96 Stat. 1052; renumbered § 3134 and amended Pub. L. 116–283, div. A, title XVIII, § 1809(e), Jan. 1, 2021, 134 Stat. 4161.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1809(e)(1), renumbered section 2309 of this title as this section.
Subsec. (a). Pub. L. 116–283, § 1809(e)(2)(A), substituted “named in section 3063” for “named in section 2303”.
Subsec. (c). Pub. L. 116–283, § 1809(e)(2)(B), added subsec. (c).
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 3135 (ARMED FORCES)
§ 3135. Comparable budgeting for common procurement weapon systems
(a) Matters To Be Included in Annual Defense Budgets.—
In preparing the defense budget for any fiscal year, the Secretary of Defense shall—
(1) specifically identify each common procurement weapon system included in the budget;
(2) take all feasible steps to minimize variations in procurement unit costs for any such system as shown in the budget requests of the different armed forces requesting procurement funds for the system; and
(3) identify and justify in the budget all such variations in procurement unit costs for common procurement weapon systems.
(b) Comptroller.—
The Secretary shall carry out this section through the Under Secretary of Defense (Comptroller).
(c) Definitions.—
In this section:
(1) The term “defense budget” means the budget of the Department of Defense included in the President’s budget submitted to Congress under section 1105 of title 31 for a fiscal year.
(2) The term “common procurement weapon system” means a weapon system for which two or more of the Army, Navy, Air Force, Marine Corps, and Space Force request procurement funds in a defense budget.
(Added Pub. L. 100–370, § 1(d)(3)(A), July 19, 1988, 102 Stat. 843, § 2217; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(20), Feb. 10, 1996, 110 Stat. 512; renumbered § 3135 and amended Pub. L. 116–283, div. A, title IX, § 924(b)(1)(N), title XVIII, § 1809(f)(1), Jan. 1, 2021, 134 Stat. 3820, 4161.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1809(f)(1), renumbered section 2217 of this title as this section.
Subsec. (c)(2). Pub. L. 116–283, § 924(b)(1)(N), substituted “Marine Corps, and Space Force” for “and Marine Corps”.
heading: Effective Date of 2021 Amendment
text: Amendment by section 1809(f)(1) 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.
10 U.S.C. § 3137 (ARMED FORCES)
§ 3137. Procurement of contract services: specification of amounts requested in budget
(a) Submission With Annual Budget Justification Materials.—
In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include the information described in subsection (b) with respect to the procurement of contract services.
(b) Information Provided.—
For each budget account, the materials submitted shall clearly and separately identify—
(1) the amount requested for the procurement of contract services for each Department of Defense component, installation, or activity; and
(2) the number of full-time contractor employees (or the equivalent of full-time in the case of part-time contractor employees) projected and justified for each Department of Defense component, installation, or activity based on the inventory of contracts for services required by subsection (c) of section 4505 of this title and the review required by subsection (e) of such section.
(c) Contract Services Defined.—
In this section, the term “contract services”—
(1) means services from contractors; but
(2) excludes services relating to research and development and services relating to military construction.
(Added Pub. L. 111–84, div. A, title VIII, § 803(a)(1), Oct. 28, 2009, 123 Stat. 2401, § 235; renumbered § 3137 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1809(h)(1), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4162, 4294.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 1809(h)(1), renumbered section 235 of this title as this section.
Subsec. (b)(2). Pub. L. 116–283, § 1883(b)(2), substituted “section 4505 of this title” for “section 2330a of this title”.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 3151 (ARMED FORCES)
§ 3151. Joint policy requirement
The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop joint policies for requirements definition, contingency program management, and contingency contracting during combat operations and post-conflict operations.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1810(a), (b)(1), Jan. 1, 2021, 134 Stat. 4162, 4163.)
heading: Codification
text: The text of subsec. (a) of section 2333 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1810(b)(1), was based on Pub. L. 109–364, div. A, title VIII, § 854(a)(1), Oct. 17, 2006, 120 Stat. 2343.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1810(b)(1), transferred subsec. (a) of section 2333 of this title to this section and struck out subsec. (a) designation and heading “Joint Policy Requirement” at beginning.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3152 (ARMED FORCES)
§ 3152. Requirements definition matters covered
The joint policy for requirements definition required by section 3151 of this title shall, at a minimum, provide for the following:
(1) The assignment of a senior commissioned officer or civilian member of the senior executive service, with appropriate experience and qualifications related to the definition of requirements to be satisfied through acquisition contracts (such as for delivery of products or services, performance of work, or accomplishment of a project), to act as head of requirements definition and coordination during combat operations, post-conflict operations, and contingency operations, if required, including leading a requirements review board involving all organizations concerned.
(2) An organizational approach to requirements definition and coordination during combat operations, post-conflict operations, and contingency operations that is designed to ensure that requirements are defined in a way that effectively implements United States Government and Department of Defense objectives, policies, and decisions regarding the allocation of resources, coordination of interagency efforts in the theater of operations, and alignment of requirements with the proper use of funds.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1810(a), (b)(2), Jan. 1, 2021, 134 Stat. 4162, 4163.)
heading: Codification
text: The text of subsec. (b) of section 2333 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1810(b)(2), was based on Pub. L. 109–364, div. A, title VIII, § 854(a)(1), Oct. 17, 2006, 120 Stat. 2343.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1810(b)(2), transferred subsec. (b) of section 2333 of this title to this section and, in introductory provisions, struck out subsec. (b) designation and heading “Requirements Definition Matters Covered” at beginning and substituted “section 3151 of this title” for “subsection (a)”.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3153 (ARMED FORCES)
§ 3153. Contingency program management matters covered
The joint policy for contingency program management required by section 3151 of this title shall, at a minimum, provide for the following:
(1) The assignment of a senior commissioned officer or civilian member of the senior executive service, with appropriate program management experience and qualifications, to act as head of program management during combat operations, post-conflict operations, and contingency operations, including stabilization and reconstruction operations involving multiple United States Government agencies and international organizations, if required.
(2) A preplanned organizational approach to program management during combat operations, post-conflict operations, and contingency operations that is designed to ensure that the Department of Defense is prepared to conduct such program management.
(3) Identification of a deployable cadre of experts, with the appropriate tools and authority, and trained in processes under paragraph (6).
(4) Utilization of the hiring and appointment authorities necessary for the rapid deployment of personnel to ensure the availability of key personnel for sufficient lengths of time to provide for continuing program and project management.
(5) A requirement to provide training (including training under a program to be created by the Defense Acquisition University) to program management personnel in—
(A) the use of laws, regulations, policies, and directives related to program management in combat or contingency environments;
(B) the integration of cost, schedule, and performance objectives into practical acquisition strategies aligned with available resources and subject to effective oversight; and
(C) procedures of the Department of Defense related to funding mechanisms and contingency contract management.
(6) Appropriate steps to ensure that training is maintained for such personnel even when they are not deployed in a contingency operation.
(7) Such steps as may be needed to ensure jointness and cross-service coordination in the area of program management during contingency operations.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1810(a), (b)(3), Jan. 1, 2021, 134 Stat. 4162, 4163.)
heading: Codification
text: The text of subsec. (c) of section 2333 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1810(b)(3), was based on Pub. L. 109–364, div. A, title VIII, § 854(a)(1), Oct. 17, 2006, 120 Stat. 2343.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1810(b)(3), transferred subsec. (c) of section 2333 of this title to this section and, in introductory provisions, struck out subsec. (c) designation and heading “Contingency Program Management Matters Covered” at beginning and substituted “section 3151 of this title” for “subsection (a)”.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3155 (ARMED FORCES)
§ 3155. Training for personnel outside acquisition workforce
(a) Required Training.—
The joint policy for requirements definition, contingency program management, and contingency contracting required by section 3151 of this title shall provide for training of military personnel outside the acquisition workforce (including operational field commanders and officers performing key staff functions for operational field commanders) who are expected to have acquisition responsibility, including oversight duties associated with contracts or contractors, during combat operations, post-conflict operations, and contingency operations.
(b) Scope of Training.—
Training under subsection (a) shall be sufficient to ensure that the military personnel referred to in that subsection—
(1) understand the scope and scale of contractor support they will experience in contingency operations; and
(2) are prepared for their roles and responsibilities with regard to—
(A) requirements definition;
(B) program management (including contractor oversight); and
(C) contingency contracting.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1810(a), (b)(5), Jan. 1, 2021, 134 Stat. 4162, 4163.)
heading: Codification
text: The text of subsec. (e)(1) and (2) of section 2333 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1810(b)(5), was based on Pub. L. 110–181, div. A, title VIII, § 849(a), Jan. 28, 2008, 122 Stat. 245.
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283, § 1810(b)(5)(A), (B), redesignated subsec. (e)(1) and (2) of section 2333 of this title as subsec. (a) of this section, in heading, substituted “Required Training” for “Training for Personnel Outside Acquisition Workforce”, and, in text, struck out par. (1) designation at beginning and substituted “section 3151 of this title” for “subsection (a)”. Par. (2) subsequently redesignated subsec. (b).
Subsec. (b). Pub. L. 116–283, § 1810(b)(5)(C), redesignated subsec. (a)(2) as (b), inserted heading, and substituted “Training under subsection (a)” for “Training under paragraph (1)” and “referred to in that subsection—” and pars. (1) and (2) for “referred to in that paragraph understand the scope and scale of contractor support they will experience in contingency operations and are prepared for their roles and responsibilities with regard to requirements definition, program management (including contractor oversight), and contingency contracting.”
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.