FEDERAL · 10 U.S.C. · Chapter 173
Programs on reduction of fuel reliance and promotion of energy-aware behaviors
Current through Pub. L. 119-102
(a)Establishment.—Each Secretary of a military department shall establish a program for the promotion of energy-aware behaviors and the reduction of unnecessary fuel consumption within that military department.
(b)Goals.—The goals of the programs established under subsection (a) shall be as follows:
(1)To increase operational energy resiliency.
(2)To decrease energy-related strategic vulnerabilities and enhance military readiness.
(3)To integrate sustainability features for new and existing military installations and other facilities of the Department.
(c)Minimum Required Elements.—Under the program of a military department under subsection (a), the Secretary of the military department shall carry out, with respect to the military department, and at a minimum, the following:
(1)The
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Source Credit
History
(Added Pub. L. 117–263, div. A, title III, §319(a), Dec. 23, 2022, 136 Stat. 2507.)
Editorial Notes
Statutory Notes and Related Subsidiaries
Deadline for Establishment
Pub. L. 117–263, div. A, title III, §319(b), Dec. 23, 2022, 136 Stat. 2508, provided that: "The programs required under section 2928 of title 10, United States Code, as added by subsection (a), shall be established by not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022]."
Editorial Notes
Codification
Capitalization in subpart items in this analysis was editorially reformatted from the original to conform to their corresponding subpart headings.
Amendments
2025—Pub. L. 119–60, div. A, title VIII, §811(a)(1), title XVII, §1701(a)(20), (21), Dec. 18, 2025, 139 Stat. 948, 1209, substituted "327. Weapon Systems Development and Related Matters" for "326. Weapon Systems Development And Related Matters", struck out item for chapter 345 "Acquisition of Information Technology", and substituted "Development, Application, and Support of Dual-Use Technologies" for "Development, Application, and Support of Dual-use Technologies" in item for chapter 383. Amendments were made pursuant to operation of section 102 of this title.
2024—Pub. L. 118–159, div. A, title XVII, §1701(a)(34)(F), Dec. 23, 2024, 138 Stat. 2205, which directed the insertion of new items for subpart F and chapters 321 to 326 after the item relating to chapter 307, was so executed, notwithstanding that items for subpart F and chapters 321 to 327 (which chapter items did not include designators indicating the first section of each chapter) had been added previously by Pub. L. 116–283, div. A, title XVIII, §1846(a), Jan. 1, 2021, 134 Stat. 4247. See 2021 Amendment note below.
Pub. L. 118–159, div. A, title XVII, §1701(a)(34)(A)–(E), (G)–(I), Dec. 23, 2024, 138 Stat. 2205, added items for chapters 207, 225, 243, 272, 363, 367, and 383; struck out former items for chapters 207 "Budgeting and Appropriations Matters", 225 "Planning and Solicitation Relating to Particular Items or Services", 243 "Other Matters Relating to Awarding and Types of Contracts", 272 "Other Provisions Relating to Cost or Pricing Data", 363 "Prohibitions and Penalties", 367 "Other Administrative and Miscellaneous Provisions", and 383 "Development, Application, & Support of Dual-Use Technologies"; and substituted "3901" for "3961" in item for chapter 287.
2022—Pub. L. 117–263, div. A, title VIII, §804(b), Dec. 23, 2022, 136 Stat. 2701, added item for chapter 253 and struck out former item for chapter 253 "[Reserved]".
2021—Pub. L. 117–81, div. A, title XVII, §1701(i)(8)(A), (l)(2), Dec. 27, 2021, 135 Stat. 2142, 2144, which directed amendment of this analysis by substituting "[Reserved]" for "Foreign Acquisitions" and starting section number 3881 in item for chapter 283 and by adding item for chapter 287 and striking out former item for chapter 287 "Socioeconomic Programs", was executed by amending this analysis as directed, notwithstanding that other amendments by section 1701(i) and (l) of Pub. L. 117–81 were directed to Pub. L. 116–283, and not to the Code directly, and that such amendments are effective as if included in title XVIII of Pub. L. 116–283.
Pub. L. 117–81, div. A, title XVII, §1701(i)(5)(A), (B)(ii), Dec. 27, 2021, 135 Stat. 2141, made similar amendments, resulting in the substitution of "[Reserved]" for "Rapid Acquisition Procedures" and starting section number 3601 in item for chapter 253. Section 1701(i)(5)(B)(ii) amended Pub. L. 116–283, div. A, title XVIII, §1824(b), Jan. 1, 2021, 134 Stat. 4205, which had added the item for chapter 253, while section 1701(i)(5)(A) amended this analysis directly.
Pub. L. 117–81, div. A, title XVII, §1701(g), Dec. 27, 2021, 135 Stat. 2140, substituted "3061", "3101", and "3131", respectively, for "3021", "3051", and "3101", respectively, in items for chapters 203, 205, and 207, added item for chapter 247 and struck out former item for chapter 247 "Acquisition of Commercial Items", substituted "3571" for "3551" in item for chapter 251, added items for chapters 257 and 258 and struck out former item for chapter 257 "Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat", and substituted "Provisions" for "requirements" in item for subpart D.
Pub. L. 116–283, div. A, title XVIII, §§1841(a)(2), 1856(a), Jan. 1, 2021, 134 Stat. 4243, 4273, as amended by Pub. L. 117–81, div. A, title XVII, §1701(i)(9)(A), (u)(1), Dec. 27, 2021, 135 Stat. 2142, 2150, added items for subpart E and chapters 301 to 307 and item for chapter 343.
Pub. L. 116–283, div. A, title XVIII, §§1811(a), 1816(a), 1824(b), 1825(l), 1831(l), 1833(a)(2), 1846(a), 1866(a), 1873(f), Jan. 1, 2021, 134 Stat. 4164, 4181, 4205, 4208, 4217, 4226, 4247, 4279, 4290, added items for chapters 221 to 225, 241 to 244, 253, 257, 271, 272, and 275, items for subpart F and chapters 321 to 327, and items for chapters 341, 381 to 385, and 387 to 389 and struck out former items for chapters 221 "Planning and Solicitation Generally", 223 "Planning and Solicitation Relating to Particular Items or Services", 241 "Awarding of Contracts", 243 "Specific Types of Contracts", 253 "Emergency and Rapid Acquisitions", 271 "Truthful Cost or Pricing Data", 275 "Proprietary Contractor Data and Technical Data", and 285 "Small Business Programs", items for subpart E "special categories of contracting: major defense acquisition programs and major systems" and chapters 301 "Major Defense Acquisition Programs", 303 "Weapon Systems Development and Related Matters", and 305 "Other Matters Relating to Major Systems" and for subpart F "special categories of contracting: research, development, test, and evaluation" and for chapters 321 "Research and Development Generally", 323 "Innovation", 325 "Department of Defense Laboratories", 327 "Research and Development Centers and Facilities", and 329 "Operational Test and Evaluation; Developmental Test and Evaluation", and former items for chapters 341 "Contracting for Performance of Civilian Commercial or Industrial Type Functions", 343 "Acquisition of Services", 381 "Defense Industrial Base Generally", 383 "Loan Guarantee Programs", and 385 "Procurement Technical Assistance Cooperative Agreement Program".
2018—Pub. L. 115–232, div. A, title VIII, §801(a), Aug. 13, 2018, 132 Stat. 1825, added analysis for part V consisting of items for subparts A to I and chapters 201 to 385. Capitalization in subpart headings is as it appears in the original.
Statutory Notes and Related Subsidiaries
Redesignations by Pub. L. 115–232 of Chapters and Sections in Former Subtitles B to D
Chapters 301 to 953 and sections 3001 to 9448 of this title, which formerly comprised subtitles B to D, were significantly redesignated by Pub. L. 115–232, div. A, title VIII, §§806–808, Aug. 13, 2018, 132 Stat. 1832–1839. The chapter and section redesignations made by Pub. L. 115–232 throughout subtitles B to D of this title are shown in the following table:
Effective Date of 2021 Amendment
Pub. L. 117–81, div. A, title XVII, §1701(a), Dec. 27, 2021, 135 Stat. 2131, provided that:
"(1) Definitions.—In this section [see Tables for classification], the terms 'FY2021 NDAA' and 'such Act' mean the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [see Tables for classification].
"(2) Amendments to apply pre-transfer of defense acquisition statutes.—The amendments made by subsections (b), (i), and (j) through (v) [see Tables for classification] shall apply as if included in the enactment of title XVIII of the FY2021 NDAA as enacted.
"(3) Amendments to take effect post-transfer of defense acquisition statutes.—The amendments made by subsections (c) through (h) and (w) [see Tables for classification] shall take effect immediately after the amendments made by title XVIII of the FY2021 NDAA have taken effect. Sections 1883 through 1885 of the FY2021 NDAA [enacting provisions set out as notes below] shall apply with respect to the transfers, redesignations, and amendments made under such subsections as if such transfers, redesignations, and amendments were made under title XVIII of the FY2021 NDAA.
"(4) Reorganization regulation update notice.—[Amended section 1801(d) of Pub. L. 116–283, set out as a note below.]
"(5) Savings provision relating to transfer and reorganization of defense acquisition statutes.—If this Act is enacted after December 31, 2021 [Pub. L. 117–81 approved Dec. 27, 2021], notwithstanding section 1801(d)(1) of the FY2021 NDAA, the amendments made by title XVIII of the FY2021 NDAA shall take effect immediately after the enactment of this Act."
Pub. L. 116–283, div. A, title XVIII, §1801(d), Jan. 1, 2021, 134 Stat. 4151, as amended by Pub. L. 117–81, div. A, title XVII, §1701(a)(4), Dec. 27, 2021, 135 Stat. 2131, provided that:
"(1) Delayed enactment.—Except as specifically provided, this title [see Tables for classification] and the amendments made by this title shall take effect on January 1, 2022.
"(2) Delayed implementation.—Not later than January 1, 2023, the Secretary of Defense shall take such action as necessary to revise or modify the Department of Defense Supplement to the Federal Acquisition Regulation and other existing authorities affected by the enactment of this title and the amendments made by this title.
"(3) Applicability.—
"(A) In general.—The Secretary of Defense shall apply the law as in effect on December 31, 2021, with respect to contracts entered into during the covered period.
"(B) Covered period defined.—In this paragraph, the term 'covered period' means the period beginning on January 1, 2022, and ending on the earlier of—
"(i) the date on which the Secretary of Defense revises or modifies authorities pursuant to paragraph (2) and provides public notice that such authorities have been revised and modified pursuant to such paragraph; or
"(ii) January 1, 2023."
Effective Date of 2018 Amendment; Coordination of Amendments
Pub. L. 115–232, div. A, title VIII, §800, Aug. 13, 2018, 132 Stat. 1825, provided that:
"(a) Effective Dates.—
"(1) Parts i and ii.—Parts I and II of this subtitle [probably means parts I (§801) and II (§§806–809) of subtitle A of title VIII of div. A of Pub. L. 115–232, see Tables for classification], and the redesignations and amendments made by such parts, shall take effect on February 1, 2019.
"(2) Part iii.—Part III of this subtitle [probably means part III (§§811–813) of subtitle A of title VIII of div. A of Pub. L. 115–232, see Tables for classification] shall take effect on the date of the enactment of this Act [Aug. 13, 2018].
"(b) Coordination of Amendments.—The redesignations and amendments made by part II of this subtitle shall be executed before the amendments made by part I of this subtitle.
"(c) Rule for Certain Redesignations.—In the case of a redesignation specified in part II of this subtitle (1) that is to be made to a section of subtitle B, C, or D of title 10, United States Code, for which the current section designation consists of a four-digit number and a letter, and (2) that is directed to be made by the addition of a specified number to the current section designation, the new section designation shall consist of a new four-digit number and the same letter, with the new four-digit number being the number that is the sum of the specified number and the four-digit number in the current section designation."
Rule of Construction
Pub. L. 116–283, div. A, title XVIII, §1885, Jan. 1, 2021, 134 Stat. 4294, provided that: "This title [see Tables for classification], including the amendments made by this title, is intended only to reorganize title 10, United States Code, and may not be construed to alter—
"(1) the effect of a provision of title 10, United States Code, including any authority or requirement therein;
"(2) a department or agency interpretation with respect to title 10, United States Code; or
"(3) a judicial interpretation with respect to title 10, United States Code."
Savings Provisions
Pub. L. 116–283, div. A, title XVIII, §1884, Jan. 1, 2021, 134 Stat. 4294, provided that:
"(a) Regulations, Orders, and Other Administrative Actions.—A regulation, order, or other administrative action in effect under a provision of title 10, United States Code, redesignated by this title [see Tables for classification] continues in effect under the provision as so redesignated.
"(b) Actions Taken and Offenses Committed.—An action taken or an offense committed under a provision of title 10, United States Code, redesignated by this title is deemed to have been taken or committed under the provision as so redesignated."
Transfer and Reorganization of Defense Acquisition Statutes
Pub. L. 116–283, div. A, title XVIII, §1801(a), (b), Jan. 1, 2021, 134 Stat. 4150, provided that:
"(a) Activities.—Not later than February 1, 2021, the Secretary of Defense shall establish a process to engage interested parties and experts from the public and private sectors, as determined appropriate by the Secretary, in a comprehensive review of this title [see Tables for classification] and the amendments made by this title.
"(b) Assessment and Report.—Not later than March 15, 2021, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report evaluating this title and the amendments made by this title that shall include the following elements:
"(1) Specific recommendations for modifications to the legislative text of this title and the amendments made by this title, along with a list of conforming amendments to law required by this title and the amendments made by this title.
"(2) A summary of activities conducted pursuant to the process established under subsection (a), including an assessment of the effect of this title and the amendments made by this title on related Department of Defense activities, guidance, and interagency coordination.
"(3) An implementation plan for updating the regulations and guidance relating to this title and the amendments made by this title that contains the following elements:
"(A) A description of how the plan will be implemented.
"(B) A schedule with milestones for the implementation of the plan.
"(C) A description of the assignment of roles and responsibilities for the implementation of the plan.
"(D) A description of the resources required to implement the plan.
"(E) A description of how the plan will be reviewed and assessed to monitor progress.
"(4) Such other items as the Secretary considers appropriate."
References to Sections Redesignated by Title XVIII of Pub. L. 116–283
Pub. L. 116–283, div. A, title XVIII, §1883, Jan. 1, 2021, 134 Stat. 4294, provided that:
"(a) Definitions.—In this section:
"(1) Redesignated section.—The term 'redesignated section' means a section of title 10, United States Code, that is redesignated by this title [see Tables for classification], as that section is so redesignated.
"(2) Source section.—The term 'source section' means a section of title 10, United States Code, that is redesignated by this title, as that section was in effect before the redesignation.
"(b) Reference to Source Section.—
"(1) Treatment of reference.—Except as otherwise provided in this title, a reference to a source section, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding redesignated section.
"(2) Title 10.—Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section."
Executive Documents
Ex. Ord. No. 14265. Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base
Ex. Ord. No. 14265, Apr. 9, 2025, 90 F.R. 15621, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. As Chief Executive and Commander in Chief, I am committed to ensuring that the United States military possesses the most lethal warfighting capabilities in the world. America's defense industrial base is central to this effort. Similarly, the defense acquisition workforce is a national strategic asset that will be decisive in any conflict, where the factory floor can be just as significant as the battlefield.
Unfortunately, after years of misplaced priorities and poor management, our defense acquisition system does not provide the speed and flexibility our Armed Forces need to have decisive advantages in the future. In order to strengthen our military edge, America must deliver state-of-the?art [sic] capabilities at speed and scale through a comprehensive overhaul of this system.
Sec. 2. Policy. It is the policy of the United States Government to accelerate defense procurement and revitalize the defense industrial base to restore peace through strength. To achieve this, the United States will rapidly reform our antiquated defense acquisition processes with an emphasis on speed, flexibility, and execution. We will also modernize the duties and composition of the defense acquisition workforce, as well as incentivize and reward risk-taking and innovation from these personnel.
Sec. 3. Acquisition Process Reform. Within 60 days of the date of this order [Apr. 9, 2025], the Secretary of Defense shall submit to the President a plan to reform the Department of Defense's acquisition processes that, to the maximum extent possible, incorporates the following:
(a) Utilization of existing authorities to expedite acquisitions throughout the Department of Defense, including a first preference for commercial solutions and a general preference for Other Transactions Authority, application of Rapid Capabilities Office policies, or any other authorities or pathways to promote streamlined acquisitions under the Adaptative Acquisition Framework. Starting upon issuance of this order, and during the formation of the plan, the Secretary of Defense shall prioritize use of these authorities in all pending Department of Defense contracting actions and require their application, where appropriate and consistent with applicable law, for all Department of Defense contracting actions pursued while the plan directed by this section is under consideration.
(b) A detailed process review of each functional support role within the acquisition workforce to eliminate unnecessary tasks, reduce duplicative approvals, and centralize decision-making. These reviews should also include evaluations of program managers, contracting officers, engineering authorities, financial managers, cost estimators, and logisticians.
(c) A detailed process by which the Under Secretary of Defense for Acquisition and Sustainment, Service Acquisition Executives, and Component Acquisition Executives can effectively manage risk for all acquisition programs through a formal steering board known as a Configuration Steering Board.
Sec. 4. Internal Regulations Review. The Secretary of Defense shall oversee the review of and, as appropriate, propose revisions to relevant Department of Defense instructions, implementation guides, manuals, and regulations relating to acquisition to:
(a) Eliminate or revise any unnecessary supplemental regulations or any other internal guidance, such as relevant parts of the Financial Management Regulation and Defense Federal Acquisition Regulation Supplement.
(b) Promote expedited and streamlined acquisitions. Where new supplemental regulations or internal guidance is proposed, the Secretary of Defense shall apply the ten-for-one rule as described in Executive Order 14192 of January 31, 2025 (Unleashing Prosperity Through Deregulation) [5 U.S.C. 601 note].
Sec. 5. Acquisition Workforce Reform. Within 120 days of the date of this order, the Secretary of Defense, in coordination with the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and Component Acquisition Executives, shall develop and submit to the President a plan for consideration to reform, right-size, and train the acquisition workforce that includes the following components:
(a) The restructuring of performance evaluation metrics for acquisition workforce members to include the ability to demonstrate and apply a first consideration of commercial solutions, adaptive acquisition pathways through the Adaptive Acquisition Framework, and iterative requirements based on the perspective of the end user.
(b) An analysis of acquisition workforce staff levels required to develop, deliver, and sustain warfighting capabilities.
(c) The establishment of field training teams by the Under Secretary of Defense for Acquisition and Sustainment, led by senior acquisition executives or managers with expertise in innovative acquisition authorities and commercial solutions, and modeled after field training teams authorized by section 832 of Public Law 118–159 (10 U.S.C. 1749). These teams should provide hands-on guidance, deliver templates and case studies of successful approaches for implementing innovative acquisition authorities, and should assist integrated functional program teams in completing acquisition and sustainment tasks.
(d) The development and implementation of policies, procedures, and tools to incentivize acquisition officials to, in good faith, utilize innovative acquisition authorities and take measured and calculated risks.
Sec. 6. Major Defense Acquisition Program Review. (a) Within 90 days of the date of this order, the Secretary of Defense, acting through the Deputy Secretary of Defense, in coordination with the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Under Secretary of Defense for Acquisition and Sustainment, and Component Acquisition Executives, shall complete a comprehensive review of all major defense acquisition programs (MDAPs), as defined in section 4201 of title 10, United States Code, to determine if any such programs are inconsistent with the policy objectives set forth in section 2 of this order. As part of the review of all MDAPs:
(i) any program more than 15 percent behind schedule based on the current Acquisition Program Baseline (APB), 15 percent over cost based on the current APB, unable to meet any key performance parameters, or unaligned with the Secretary of Defense's mission priorities, will be considered for potential cancellation. The Secretary of Defense shall submit the potential cancellation list to the Director of the Office of Management and Budget (OMB) for future budget determinations.
(ii) the Secretary of Defense shall provide a listing of all MDAPs contracts, along with performance against original and approved Government cost estimates to the Director of OMB for review within 90 days from the date of this order.
(b) Following this comprehensive review of MDAPs, the Secretary of Defense shall provide the Director of OMB with a plan for reviewing all remaining major systems, as defined in section 3041 of title 10, United States Code, that are not MDAPs.
Sec. 7. Requirements. The Secretary of Defense, acting through the Deputy Secretary of Defense, in coordination with the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Joint Chiefs of Staff, shall complete a comprehensive review of the Joint Capabilities Integration and Development System within 180 days of the date of this order, with the goal of streamlining and accelerating acquisition.
Sec. 8. Definitions. For purposes of this order:
(a) The term "Adaptive Acquisition Framework" means the series of acquisition pathways that enable the workforce to deliver "effective, suitable, survivable, sustainable, and affordable solutions to the end user in a timely manner," as stated in Department of Defense Instruction 5000.02.
(b) The term "Acquisition Program Baseline" means the formally established cost, schedule, and performance baselines of a program, as described in Department of Defense Instruction 5000.85.
(c) The term "commercial solutions" means any of the methods for procurement of a commercial product or service described in part 12 of the Federal Acquisition Regulation, subpart 212.2 of the Defense Federal Acquisition Regulation Supplement, or subpart 212.70 of the Defense Federal Acquisition Regulation Supplement; or other industry solutions funded by private investment that meet military needs.
(d) The term "Configuration Steering Board" means an annual review of potential requirements changes, critical intelligence parameter changes, and any significant technical configuration changes as described in Department of Defense Instruction 5000.85.
(e) The term "innovative acquisition authorities" means Other Transactions Authority, commercial solutions, application of Rapid Capabilities Office policies, or any other authorities or pathways to promote streamlined acquisitions under the Adaptive Acquisition Framework.
(f) The term "Joint Capabilities Integration and Development System" means the formally established Department of Defense process used to identify, assess, and prioritize joint military capability requirements across the Department of Defense.
(g) The term "Other Transactions Authority" means the ability of the United States Government to enter into contracts other than standard contracts, grants, or cooperative agreements.
(h) The term "Rapid Capabilities Office" means the Army Rapid Capabilities and Critical Technologies Office, Naval Air Warfare Rapid Capabilities Office, Department of the Air Force Rapid Capabilities Office, or Space Force Rapid Capabilities Office.
Sec. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Editorial Notes
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §801(a), Aug. 13, 2018, 132 Stat. 1826, added subpart heading.
Editorial Notes
Prior Provisions
A prior chapter 201 "DEFINITIONS", as added by Pub. L. 115–232, div. A, title VIII, §801(a), Aug. 13, 2018, 132 Stat. 1826, and consisting of reserved section 3001, was repealed by Pub. L. 116–283, div. A, title XVIII, §1806(a)(1), Jan. 1, 2021, 134 Stat. 4151.
Editorial Notes
Amendments
2021—Pub. L. 117–81, div. A, title XVII, §1701(i)(1)(A), Dec. 27, 2021, 135 Stat. 2140, amended Pub. L. 116–283, div. A, title XVIII, §1806(a)(1), Jan. 1, 2021, 134 Stat. 4151, which added this analysis, by substituting "[Reserved]" for "Defense Federal Acquisition Regulation Supplement" in item 3003 and for "Service chief concerned" in item 3005.
Deadline for Establishment
Pub. L. 117–263, div. A, title III, §319(b), Dec. 23, 2022, 136 Stat. 2508, provided that: "The programs required under section 2928 of title 10, United States Code, as added by subsection (a), shall be established by not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022]."
Editorial Notes
Codification
Capitalization in subpart items in this analysis was editorially reformatted from the original to conform to their corresponding subpart headings.
Amendments
2025—Pub. L. 119–60, div. A, title VIII, §811(a)(1), title XVII, §1701(a)(20), (21), Dec. 18, 2025, 139 Stat. 948, 1209, substituted "327. Weapon Systems Development and Related Matters" for "326. Weapon Systems Development And Related Matters", struck out item for chapter 345 "Acquisition of Information Technology", and substituted "Development, Application, and Support of Dual-Use Technologies" for "Development, Application, and Support of Dual-use Technologies" in item for chapter 383. Amendments were made pursuant to operation of section 102 of this title.
2024—Pub. L. 118–159, div. A, title XVII, §1701(a)(34)(F), Dec. 23, 2024, 138 Stat. 2205, which directed the insertion of new items for subpart F and chapters 321 to 326 after the item relating to chapter 307, was so executed, notwithstanding that items for subpart F and chapters 321 to 327 (which chapter items did not include designators indicating the first section of each chapter) had been added previously by Pub. L. 116–283, div. A, title XVIII, §1846(a), Jan. 1, 2021, 134 Stat. 4247. See 2021 Amendment note below.
Pub. L. 118–159, div. A, title XVII, §1701(a)(34)(A)–(E), (G)–(I), Dec. 23, 2024, 138 Stat. 2205, added items for chapters 207, 225, 243, 272, 363, 367, and 383; struck out former items for chapters 207 "Budgeting and Appropriations Matters", 225 "Planning and Solicitation Relating to Particular Items or Services", 243 "Other Matters Relating to Awarding and Types of Contracts", 272 "Other Provisions Relating to Cost or Pricing Data", 363 "Prohibitions and Penalties", 367 "Other Administrative and Miscellaneous Provisions", and 383 "Development, Application, & Support of Dual-Use Technologies"; and substituted "3901" for "3961" in item for chapter 287.
2022—Pub. L. 117–263, div. A, title VIII, §804(b), Dec. 23, 2022, 136 Stat. 2701, added item for chapter 253 and struck out former item for chapter 253 "[Reserved]".
2021—Pub. L. 117–81, div. A, title XVII, §1701(i)(8)(A), (l)(2), Dec. 27, 2021, 135 Stat. 2142, 2144, which directed amendment of this analysis by substituting "[Reserved]" for "Foreign Acquisitions" and starting section number 3881 in item for chapter 283 and by adding item for chapter 287 and striking out former item for chapter 287 "Socioeconomic Programs", was executed by amending this analysis as directed, notwithstanding that other amendments by section 1701(i) and (l) of Pub. L. 117–81 were directed to Pub. L. 116–283, and not to the Code directly, and that such amendments are effective as if included in title XVIII of Pub. L. 116–283.
Pub. L. 117–81, div. A, title XVII, §1701(i)(5)(A), (B)(ii), Dec. 27, 2021, 135 Stat. 2141, made similar amendments, resulting in the substitution of "[Reserved]" for "Rapid Acquisition Procedures" and starting section number 3601 in item for chapter 253. Section 1701(i)(5)(B)(ii) amended Pub. L. 116–283, div. A, title XVIII, §1824(b), Jan. 1, 2021, 134 Stat. 4205, which had added the item for chapter 253, while section 1701(i)(5)(A) amended this analysis directly.
Pub. L. 117–81, div. A, title XVII, §1701(g), Dec. 27, 2021, 135 Stat. 2140, substituted "3061", "3101", and "3131", respectively, for "3021", "3051", and "3101", respectively, in items for chapters 203, 205, and 207, added item for chapter 247 and struck out former item for chapter 247 "Acquisition of Commercial Items", substituted "3571" for "3551" in item for chapter 251, added items for chapters 257 and 258 and struck out former item for chapter 257 "Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat", and substituted "Provisions" for "requirements" in item for subpart D.
Pub. L. 116–283, div. A, title XVIII, §§1841(a)(2), 1856(a), Jan. 1, 2021, 134 Stat. 4243, 4273, as amended by Pub. L. 117–81, div. A, title XVII, §1701(i)(9)(A), (u)(1), Dec. 27, 2021, 135 Stat. 2142, 2150, added items for subpart E and chapters 301 to 307 and item for chapter 343.
Pub. L. 116–283, div. A, title XVIII, §§1811(a), 1816(a), 1824(b), 1825(l), 1831(l), 1833(a)(2), 1846(a), 1866(a), 1873(f), Jan. 1, 2021, 134 Stat. 4164, 4181, 4205, 4208, 4217, 4226, 4247, 4279, 4290, added items for chapters 221 to 225, 241 to 244, 253, 257, 271, 272, and 275, items for subpart F and chapters 321 to 327, and items for chapters 341, 381 to 385, and 387 to 389 and struck out former items for chapters 221 "Planning and Solicitation Generally", 223 "Planning and Solicitation Relating to Particular Items or Services", 241 "Awarding of Contracts", 243 "Specific Types of Contracts", 253 "Emergency and Rapid Acquisitions", 271 "Truthful Cost or Pricing Data", 275 "Proprietary Contractor Data and Technical Data", and 285 "Small Business Programs", items for subpart E "special categories of contracting: major defense acquisition programs and major systems" and chapters 301 "Major Defense Acquisition Programs", 303 "Weapon Systems Development and Related Matters", and 305 "Other Matters Relating to Major Systems" and for subpart F "special categories of contracting: research, development, test, and evaluation" and for chapters 321 "Research and Development Generally", 323 "Innovation", 325 "Department of Defense Laboratories", 327 "Research and Development Centers and Facilities", and 329 "Operational Test and Evaluation; Developmental Test and Evaluation", and former items for chapters 341 "Contracting for Performance of Civilian Commercial or Industrial Type Functions", 343 "Acquisition of Services", 381 "Defense Industrial Base Generally", 383 "Loan Guarantee Programs", and 385 "Procurement Technical Assistance Cooperative Agreement Program".
2018—Pub. L. 115–232, div. A, title VIII, §801(a), Aug. 13, 2018, 132 Stat. 1825, added analysis for part V consisting of items for subparts A to I and chapters 201 to 385. Capitalization in subpart headings is as it appears in the original.
Statutory Notes and Related Subsidiaries
Redesignations by Pub. L. 115–232 of Chapters and Sections in Former Subtitles B to D
Chapters 301 to 953 and sections 3001 to 9448 of this title, which formerly comprised subtitles B to D, were significantly redesignated by Pub. L. 115–232, div. A, title VIII, §§806–808, Aug. 13, 2018, 132 Stat. 1832–1839. The chapter and section redesignations made by Pub. L. 115–232 throughout subtitles B to D of this title are shown in the following table:
Effective Date of 2021 Amendment
Pub. L. 117–81, div. A, title XVII, §1701(a), Dec. 27, 2021, 135 Stat. 2131, provided that:
"(1) Definitions.—In this section [see Tables for classification], the terms 'FY2021 NDAA' and 'such Act' mean the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [see Tables for classification].
"(2) Amendments to apply pre-transfer of defense acquisition statutes.—The amendments made by subsections (b), (i), and (j) through (v) [see Tables for classification] shall apply as if included in the enactment of title XVIII of the FY2021 NDAA as enacted.
"(3) Amendments to take effect post-transfer of defense acquisition statutes.—The amendments made by subsections (c) through (h) and (w) [see Tables for classification] shall take effect immediately after the amendments made by title XVIII of the FY2021 NDAA have taken effect. Sections 1883 through 1885 of the FY2021 NDAA [enacting provisions set out as notes below] shall apply with respect to the transfers, redesignations, and amendments made under such subsections as if such transfers, redesignations, and amendments were made under title XVIII of the FY2021 NDAA.
"(4) Reorganization regulation update notice.—[Amended section 1801(d) of Pub. L. 116–283, set out as a note below.]
"(5) Savings provision relating to transfer and reorganization of defense acquisition statutes.—If this Act is enacted after December 31, 2021 [Pub. L. 117–81 approved Dec. 27, 2021], notwithstanding section 1801(d)(1) of the FY2021 NDAA, the amendments made by title XVIII of the FY2021 NDAA shall take effect immediately after the enactment of this Act."
Pub. L. 116–283, div. A, title XVIII, §1801(d), Jan. 1, 2021, 134 Stat. 4151, as amended by Pub. L. 117–81, div. A, title XVII, §1701(a)(4), Dec. 27, 2021, 135 Stat. 2131, provided that:
"(1) Delayed enactment.—Except as specifically provided, this title [see Tables for classification] and the amendments made by this title shall take effect on January 1, 2022.
"(2) Delayed implementation.—Not later than January 1, 2023, the Secretary of Defense shall take such action as necessary to revise or modify the Department of Defense Supplement to the Federal Acquisition Regulation and other existing authorities affected by the enactment of this title and the amendments made by this title.
"(3) Applicability.—
"(A) In general.—The Secretary of Defense shall apply the law as in effect on December 31, 2021, with respect to contracts entered into during the covered period.
"(B) Covered period defined.—In this paragraph, the term 'covered period' means the period beginning on January 1, 2022, and ending on the earlier of—
"(i) the date on which the Secretary of Defense revises or modifies authorities pursuant to paragraph (2) and provides public notice that such authorities have been revised and modified pursuant to such paragraph; or
"(ii) January 1, 2023."
Effective Date of 2018 Amendment; Coordination of Amendments
Pub. L. 115–232, div. A, title VIII, §800, Aug. 13, 2018, 132 Stat. 1825, provided that:
"(a) Effective Dates.—
"(1) Parts i and ii.—Parts I and II of this subtitle [probably means parts I (§801) and II (§§806–809) of subtitle A of title VIII of div. A of Pub. L. 115–232, see Tables for classification], and the redesignations and amendments made by such parts, shall take effect on February 1, 2019.
"(2) Part iii.—Part III of this subtitle [probably means part III (§§811–813) of subtitle A of title VIII of div. A of Pub. L. 115–232, see Tables for classification] shall take effect on the date of the enactment of this Act [Aug. 13, 2018].
"(b) Coordination of Amendments.—The redesignations and amendments made by part II of this subtitle shall be executed before the amendments made by part I of this subtitle.
"(c) Rule for Certain Redesignations.—In the case of a redesignation specified in part II of this subtitle (1) that is to be made to a section of subtitle B, C, or D of title 10, United States Code, for which the current section designation consists of a four-digit number and a letter, and (2) that is directed to be made by the addition of a specified number to the current section designation, the new section designation shall consist of a new four-digit number and the same letter, with the new four-digit number being the number that is the sum of the specified number and the four-digit number in the current section designation."
Rule of Construction
Pub. L. 116–283, div. A, title XVIII, §1885, Jan. 1, 2021, 134 Stat. 4294, provided that: "This title [see Tables for classification], including the amendments made by this title, is intended only to reorganize title 10, United States Code, and may not be construed to alter—
"(1) the effect of a provision of title 10, United States Code, including any authority or requirement therein;
"(2) a department or agency interpretation with respect to title 10, United States Code; or
"(3) a judicial interpretation with respect to title 10, United States Code."
Savings Provisions
Pub. L. 116–283, div. A, title XVIII, §1884, Jan. 1, 2021, 134 Stat. 4294, provided that:
"(a) Regulations, Orders, and Other Administrative Actions.—A regulation, order, or other administrative action in effect under a provision of title 10, United States Code, redesignated by this title [see Tables for classification] continues in effect under the provision as so redesignated.
"(b) Actions Taken and Offenses Committed.—An action taken or an offense committed under a provision of title 10, United States Code, redesignated by this title is deemed to have been taken or committed under the provision as so redesignated."
Transfer and Reorganization of Defense Acquisition Statutes
Pub. L. 116–283, div. A, title XVIII, §1801(a), (b), Jan. 1, 2021, 134 Stat. 4150, provided that:
"(a) Activities.—Not later than February 1, 2021, the Secretary of Defense shall establish a process to engage interested parties and experts from the public and private sectors, as determined appropriate by the Secretary, in a comprehensive review of this title [see Tables for classification] and the amendments made by this title.
"(b) Assessment and Report.—Not later than March 15, 2021, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report evaluating this title and the amendments made by this title that shall include the following elements:
"(1) Specific recommendations for modifications to the legislative text of this title and the amendments made by this title, along with a list of conforming amendments to law required by this title and the amendments made by this title.
"(2) A summary of activities conducted pursuant to the process established under subsection (a), including an assessment of the effect of this title and the amendments made by this title on related Department of Defense activities, guidance, and interagency coordination.
"(3) An implementation plan for updating the regulations and guidance relating to this title and the amendments made by this title that contains the following elements:
"(A) A description of how the plan will be implemented.
"(B) A schedule with milestones for the implementation of the plan.
"(C) A description of the assignment of roles and responsibilities for the implementation of the plan.
"(D) A description of the resources required to implement the plan.
"(E) A description of how the plan will be reviewed and assessed to monitor progress.
"(4) Such other items as the Secretary considers appropriate."
References to Sections Redesignated by Title XVIII of Pub. L. 116–283
Pub. L. 116–283, div. A, title XVIII, §1883, Jan. 1, 2021, 134 Stat. 4294, provided that:
"(a) Definitions.—In this section:
"(1) Redesignated section.—The term 'redesignated section' means a section of title 10, United States Code, that is redesignated by this title [see Tables for classification], as that section is so redesignated.
"(2) Source section.—The term 'source section' means a section of title 10, United States Code, that is redesignated by this title, as that section was in effect before the redesignation.
"(b) Reference to Source Section.—
"(1) Treatment of reference.—Except as otherwise provided in this title, a reference to a source section, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding redesignated section.
"(2) Title 10.—Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section."
Executive Documents
Ex. Ord. No. 14265. Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base
Ex. Ord. No. 14265, Apr. 9, 2025, 90 F.R. 15621, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. As Chief Executive and Commander in Chief, I am committed to ensuring that the United States military possesses the most lethal warfighting capabilities in the world. America's defense industrial base is central to this effort. Similarly, the defense acquisition workforce is a national strategic asset that will be decisive in any conflict, where the factory floor can be just as significant as the battlefield.
Unfortunately, after years of misplaced priorities and poor management, our defense acquisition system does not provide the speed and flexibility our Armed Forces need to have decisive advantages in the future. In order to strengthen our military edge, America must deliver state-of-the?art [sic] capabilities at speed and scale through a comprehensive overhaul of this system.
Sec. 2. Policy. It is the policy of the United States Government to accelerate defense procurement and revitalize the defense industrial base to restore peace through strength. To achieve this, the United States will rapidly reform our antiquated defense acquisition processes with an emphasis on speed, flexibility, and execution. We will also modernize the duties and composition of the defense acquisition workforce, as well as incentivize and reward risk-taking and innovation from these personnel.
Sec. 3. Acquisition Process Reform. Within 60 days of the date of this order [Apr. 9, 2025], the Secretary of Defense shall submit to the President a plan to reform the Department of Defense's acquisition processes that, to the maximum extent possible, incorporates the following:
(a) Utilization of existing authorities to expedite acquisitions throughout the Department of Defense, including a first preference for commercial solutions and a general preference for Other Transactions Authority, application of Rapid Capabilities Office policies, or any other authorities or pathways to promote streamlined acquisitions under the Adaptative Acquisition Framework. Starting upon issuance of this order, and during the formation of the plan, the Secretary of Defense shall prioritize use of these authorities in all pending Department of Defense contracting actions and require their application, where appropriate and consistent with applicable law, for all Department of Defense contracting actions pursued while the plan directed by this section is under consideration.
(b) A detailed process review of each functional support role within the acquisition workforce to eliminate unnecessary tasks, reduce duplicative approvals, and centralize decision-making. These reviews should also include evaluations of program managers, contracting officers, engineering authorities, financial managers, cost estimators, and logisticians.
(c) A detailed process by which the Under Secretary of Defense for Acquisition and Sustainment, Service Acquisition Executives, and Component Acquisition Executives can effectively manage risk for all acquisition programs through a formal steering board known as a Configuration Steering Board.
Sec. 4. Internal Regulations Review. The Secretary of Defense shall oversee the review of and, as appropriate, propose revisions to relevant Department of Defense instructions, implementation guides, manuals, and regulations relating to acquisition to:
(a) Eliminate or revise any unnecessary supplemental regulations or any other internal guidance, such as relevant parts of the Financial Management Regulation and Defense Federal Acquisition Regulation Supplement.
(b) Promote expedited and streamlined acquisitions. Where new supplemental regulations or internal guidance is proposed, the Secretary of Defense shall apply the ten-for-one rule as described in Executive Order 14192 of January 31, 2025 (Unleashing Prosperity Through Deregulation) [5 U.S.C. 601 note].
Sec. 5. Acquisition Workforce Reform. Within 120 days of the date of this order, the Secretary of Defense, in coordination with the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and Component Acquisition Executives, shall develop and submit to the President a plan for consideration to reform, right-size, and train the acquisition workforce that includes the following components:
(a) The restructuring of performance evaluation metrics for acquisition workforce members to include the ability to demonstrate and apply a first consideration of commercial solutions, adaptive acquisition pathways through the Adaptive Acquisition Framework, and iterative requirements based on the perspective of the end user.
(b) An analysis of acquisition workforce staff levels required to develop, deliver, and sustain warfighting capabilities.
(c) The establishment of field training teams by the Under Secretary of Defense for Acquisition and Sustainment, led by senior acquisition executives or managers with expertise in innovative acquisition authorities and commercial solutions, and modeled after field training teams authorized by section 832 of Public Law 118–159 (10 U.S.C. 1749). These teams should provide hands-on guidance, deliver templates and case studies of successful approaches for implementing innovative acquisition authorities, and should assist integrated functional program teams in completing acquisition and sustainment tasks.
(d) The development and implementation of policies, procedures, and tools to incentivize acquisition officials to, in good faith, utilize innovative acquisition authorities and take measured and calculated risks.
Sec. 6. Major Defense Acquisition Program Review. (a) Within 90 days of the date of this order, the Secretary of Defense, acting through the Deputy Secretary of Defense, in coordination with the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Under Secretary of Defense for Acquisition and Sustainment, and Component Acquisition Executives, shall complete a comprehensive review of all major defense acquisition programs (MDAPs), as defined in section 4201 of title 10, United States Code, to determine if any such programs are inconsistent with the policy objectives set forth in section 2 of this order. As part of the review of all MDAPs:
(i) any program more than 15 percent behind schedule based on the current Acquisition Program Baseline (APB), 15 percent over cost based on the current APB, unable to meet any key performance parameters, or unaligned with the Secretary of Defense's mission priorities, will be considered for potential cancellation. The Secretary of Defense shall submit the potential cancellation list to the Director of the Office of Management and Budget (OMB) for future budget determinations.
(ii) the Secretary of Defense shall provide a listing of all MDAPs contracts, along with performance against original and approved Government cost estimates to the Director of OMB for review within 90 days from the date of this order.
(b) Following this comprehensive review of MDAPs, the Secretary of Defense shall provide the Director of OMB with a plan for reviewing all remaining major systems, as defined in section 3041 of title 10, United States Code, that are not MDAPs.
Sec. 7. Requirements. The Secretary of Defense, acting through the Deputy Secretary of Defense, in coordination with the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Joint Chiefs of Staff, shall complete a comprehensive review of the Joint Capabilities Integration and Development System within 180 days of the date of this order, with the goal of streamlining and accelerating acquisition.
Sec. 8. Definitions. For purposes of this order:
(a) The term "Adaptive Acquisition Framework" means the series of acquisition pathways that enable the workforce to deliver "effective, suitable, survivable, sustainable, and affordable solutions to the end user in a timely manner," as stated in Department of Defense Instruction 5000.02.
(b) The term "Acquisition Program Baseline" means the formally established cost, schedule, and performance baselines of a program, as described in Department of Defense Instruction 5000.85.
(c) The term "commercial solutions" means any of the methods for procurement of a commercial product or service described in part 12 of the Federal Acquisition Regulation, subpart 212.2 of the Defense Federal Acquisition Regulation Supplement, or subpart 212.70 of the Defense Federal Acquisition Regulation Supplement; or other industry solutions funded by private investment that meet military needs.
(d) The term "Configuration Steering Board" means an annual review of potential requirements changes, critical intelligence parameter changes, and any significant technical configuration changes as described in Department of Defense Instruction 5000.85.
(e) The term "innovative acquisition authorities" means Other Transactions Authority, commercial solutions, application of Rapid Capabilities Office policies, or any other authorities or pathways to promote streamlined acquisitions under the Adaptive Acquisition Framework.
(f) The term "Joint Capabilities Integration and Development System" means the formally established Department of Defense process used to identify, assess, and prioritize joint military capability requirements across the Department of Defense.
(g) The term "Other Transactions Authority" means the ability of the United States Government to enter into contracts other than standard contracts, grants, or cooperative agreements.
(h) The term "Rapid Capabilities Office" means the Army Rapid Capabilities and Critical Technologies Office, Naval Air Warfare Rapid Capabilities Office, Department of the Air Force Rapid Capabilities Office, or Space Force Rapid Capabilities Office.
Sec. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Editorial Notes
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §801(a), Aug. 13, 2018, 132 Stat. 1826, added subpart heading.
Editorial Notes
Prior Provisions
A prior chapter 201 "DEFINITIONS", as added by Pub. L. 115–232, div. A, title VIII, §801(a), Aug. 13, 2018, 132 Stat. 1826, and consisting of reserved section 3001, was repealed by Pub. L. 116–283, div. A, title XVIII, §1806(a)(1), Jan. 1, 2021, 134 Stat. 4151.
Editorial Notes
Amendments
2021—Pub. L. 117–81, div. A, title XVII, §1701(i)(1)(A), Dec. 27, 2021, 135 Stat. 2140, amended Pub. L. 116–283, div. A, title XVIII, §1806(a)(1), Jan. 1, 2021, 134 Stat. 4151, which added this analysis, by substituting "[Reserved]" for "Defense Federal Acquisition Regulation Supplement" in item 3003 and for "Service chief concerned" in item 3005.