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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: Editorial Notes
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: References in Text
text: The Government Performance and Results Act of 1993, referred to in subsec. (a), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.
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: Statutory Notes and Related Subsidiaries
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 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; Pub. L. 117–81, div. A, title XVII, § 1701(d)(1), Dec. 27, 2021, 135 Stat. 2136.)
text: Historical and Revision Notes
1982 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2361
31:649c(2).
Aug. 10, 1956, ch. 1041, § 40(2), 70A Stat. 636; Nov. 17, 1971, Pub. L. 92–156, § 201(b), 85 Stat. 424.
The words “Unless otherwise provided in the appropriation Act concerned” are omitted as unnecessary and for consistency. The word “Funds” is substituted for “moneys” for consistency in title 10.
heading: 1988 Act
text: Subsection (a) is based on section 2361 of this title.
Subsection (b) is based on Pub. L. 99–190, § 101(b) [title VIII, § 8015], Dec. 19, 1985, 99 Stat. 1185, 1205.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283, § 1809(b), renumbered section 2351 of this title as this section.
Subsec. (b)(1). Pub. L. 117–81, which directed the substitution of “section 4141” for “section 2353”, 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 4141” for “section 2353”.
1988—Pub. L. 100–370 renumbered section 2361 of this title as section 2351, designated such provisions as subsec. (a), and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by 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 Technical, Conforming, and Clerical Amendments Related to Title XVIII of the Fiscal Year 2021 NDAA note preceding section 3001 of this title and note below.
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.)
text: Historical and Revision Notes
1982 Act (Pub. L. 97–258)
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2394
31:649c(1).
Aug. 10, 1956, ch. 1041, § 40(1), 70A Stat. 636; Nov. 17, 1971, Pub. L. 92–156, § 201(b), 85 Stat. 424.
The words “Unless otherwise provided in the appropriation Act concerned” are omitted as unnecessary and for consistency. The word “Funds” is substituted for “moneys” for consistency in title 10. The word “military” is added before “public” for clarity. The words “including moneys appropriated to the Department of the Navy for the procurement and construction of guided missiles” are omitted as included in “technical military equipment”.
text: 1982 Act (Pub. L. 97–295)
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2395
10:2394.
Sept. 13, 1982, Pub. L. 97–258, § 2(b)(4)(B), 96 Stat. 1053.
This redesignates 10:2394 (enacted by Pub. L. 97–258) as 10:2395 because of the enactment of another 10:2394 by Pub. L. 97–214, § 6(a)(1), July 12, 1982, 96 Stat. 171, and amends the section generally to eliminate the words “and the construction of military public works” because of section 10(b)(5) of the Military Construction Codification Act (Pub. L. 97–214, July 12, 1982, 96 Stat. 176) which struck corresponding words from the source statute for 10:2394 subsequent to Apr. 15, 1982, the cut-off date prescribed by section 4(a) of Pub. L. 97–258, section 2(b)(4)(B) of which enacted 10:2394.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2395 of this title as this section.
1982—Pub. L. 97–295 struck out “and the construction of military public works” after “supplies”.
heading: Statutory Notes and Related Subsidiaries
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.
(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; Pub. L. 117–81, div. A, title XVII, § 1701(b)(3), Dec. 27, 2021, 135 Stat. 2132.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2309(a)
2309(b)
41:159 (2d sentence).
41:159 (less 1st and 2d sentences).
Feb. 19, 1948, ch. 65, § 10 (less 1st sentence), 62 Stat. 25.
In subsection (a), the words “an agency named in section 2303 of this title” are substituted for the words “any such agency”.
In subsection (b), the words “an allotment under subsection (a)” are substituted for the words “such allotments”.
heading: Editorial Notes
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), which directed adding subsec. (c), was repealed by Pub. L. 117–81, § 1701(b)(3).
1982—Subsec. (b). Pub. L. 97–258 substituted “disbursing official” for “disbursing officer”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a Technical, Conforming, and Clerical Amendments Related to Title XVIII of the Fiscal Year 2021 NDAA note preceding section 3001 of this title and note below.
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: Historical and Revision Notes
text: Section is based on Pub. L. 99–500, § 101(c) [title X, § 955], Oct. 18, 1986, 100 Stat. 1783–82, 1783–173, and Pub. L. 99–591, § 101(c) [title X, § 955], Oct. 30, 1986, 100 Stat. 3341–82, 3341–173; Pub. L. 99–661, div. A, title IX, formerly title IV, § 955, Nov. 14, 1986, 100 Stat. 3953, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273.
heading: Editorial Notes
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”.
1996—Subsec. (b). Pub. L. 104–106 substituted “Under Secretary of Defense (Comptroller)” for “Comptroller of the Department of Defense”.
heading: Statutory Notes and Related Subsidiaries
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. Omitted]
heading: Editorial Notes
heading: Codification
text: Pub. L. 116–283, div. A, title XVIII, § 1809(h)(1), Jan. 1, 2021, 134 Stat. 4162, initially transferred section 235 of this title to this section, to become effective Jan. 1, 2022. Pub. L. 117–81, div. A, title VIII, § 815(b)(1), Dec. 27, 2021, 135 Stat. 1825, repealed section 235 of this title, effectively eliminating that transfer and omitting this section before it took effect.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 3156 (ARMED FORCES)
§ 3156. Mission readiness exercises
The joint policy required by section 3151 of this title shall also provide for the incorporation of contractors and contract operations in mission readiness exercises for operations that will include contracting and contractor support.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1810(a), (b)(6), Jan. 1, 2021, 134 Stat. 4162, 4164.)
heading: Editorial Notes
heading: Codification
text: The text of subsec. (e)(3) of section 2333 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1810(b)(6), was based on Pub. L. 110–181, div. A, title VIII, § 849(a), Jan. 28, 2008, 122 Stat. 245.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1810(b)(6), transferred subsec. (e)(3) of section 2333 of this title to this section, struck out par. (3) designation at beginning, and inserted “required by section 3151 of this title” after “The joint policy”.
heading: Statutory Notes and Related Subsidiaries
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.