Sec. 1803. Amendments to life-cycle management and product support
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Subchapter III of chapter 87 of title 10, United States Code, is amended by inserting after section 1732, as added by section 1802, the following new section: A product support manager is the individual responsible for managing product support required to field and maintain the readiness and operational capability of a covered system throughout the life cycle of the covered system. The Secretary of Defense shall designate a product support manager for each covered system who shall be coequal with the program manager for such covered system and report directly to the portfolio acquisition executive responsible for such covered system.
The product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to section 3102 of this title and shall identify, develop, implement, incentivize, and measure quantifiable best value outcome-based product support that optimizes life-cycle cost, readiness, and operational capability of a covered system. A product support manager shall be responsible for the following with respect to a covered system: Developing and executing the product support strategy required under section 4324 of this title.
Providing product support and subject matter expertise to the relevant program manager and portfolio acquisition executive. Collaborating with chief engineers and systems engineers— in developing the life-cycle sustainment plan and product support strategy required under section 4324 of this title; and to analyze the operating and support costs to ensure cost-effective operation, management, and availability of the covered system. Adopting predictive analytics and simulation and modeling tools to improve materiel availability and reliability, increase operational availability rates, and reduce operation and sustainment costs.
Conducting product support business case analyses to provide a structured, iterative methodology to compare and assess the full impact of product support alternatives and provide data-informed recommendations that balance requirements with affordability. Such analyses shall— enable the development of the product support strategy as early as possible, but not later than Milestone B approval has been granted for the covered system; and inform proposed updates or changes in the product support strategy as needed.
Reviewing and recommending resource allocations across product support integrators and product support providers to meet performance requirements of the product support strategy. Coordinating product support arrangements between product support integrators and product support providers across materiel commands, depots, sustainment working capital funds, and commercial entities to execute the product support strategy and maintain updated parts cataloging and provisioning. Seeking to resolve issues relating to diminishing manufacturing supply, material shortages, critical readiness items of supply.
Managing the end-to-end coordination process related to qualification, certification, and testing of alternative sources of supply for critical readiness items of supply. Ensuring the evaluation and selection of product support integrators and product support providers that are best suited to execute the product support strategy. In this section: The term best value has the meaning given in section 3101 of this title. The terms covered system , critical readiness items of supply , product support , product support arrangement , product support integrator , and product support provider have the meanings given, respectively, in section 4324 of this title. .
Section 1735 title 10, United States Code, is amended— by redesignating subsections (c), (d), and
(e)as subsections (d), (e), and (f), respectively; and by inserting after subsection
(b)the following new subsection: Before being assigned to a position as product support manager, a person— shall have completed all life-cycle logistics certification and training requirements prescribed by the Secretary of Defense; shall have executed a written agreement as required in section 1734(b)(2) of this title; and in the case of— a product support manager of a major defense acquisition program, shall have at least eight years of experience in life-cycle logistics, at least two years of which were performed in a systems program office or similar organization; a product support manager of a significant nonmajor defense acquisition program, shall have at least six years of experience in life-cycle logistics; and a product support manager for a covered system (as defined in section 4324 of this title), shall be designated as a key leadership position. . Section 1731(a)(1)(B) of title 10, United States Code, is amended by adding at the end the following new clause: Product support manager. . Section 4323 of title 10, United States Code, is amended to read as follows: The Secretary of Defense shall require each Secretary of a military department, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, to conduct an assessment of the actual performance of each major weapon system against the operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title). Each Secretary of a military department shall use such assessment to— identify any factors contributing to the failure of a major weapon system to meet such requirements and objectives; develop and implement a corrective action plan to address such factors in an expeditious manner; and inform the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future-years defense program required by section 221 of this title. Not later than five days after the date on which the budget of the President is submitted to Congress pursuant to section 1105 of title 31, each Secretary of a military department, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes the following: Findings from a review of the effectiveness of the life-cycle sustainment plan required under section 4324 of this title for a major weapon system. A description of how such assessments informed the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future-years defense program required by section 221 of this title. For a covered system which has been declared to meet initial operational capability, and that for two consecutive calendar years has failed to meet established materiel readiness objectives for materiel availability or operational availability (as such terms are defined, respectively, in section 118 of this title), such report shall include— an identification of factors contributing to such failure; a mitigation plan to address supply, maintenance, or other issues contributing to such failure; and a description of any corrective action plan required by subsection (a)(2) and an update on progress made in implementing such a plan. A summary of actions taken by the Secretary to ensure that each covered system of the military department under the jurisdiction of the Secretary meets the applicable operational readiness requirements and materiel readiness objectives in the most cost-effective manner practicable. In this section, the term covered system has the meaning given in section 4324 of this title. . Section 4324 of title 10, United States Code, is amended to read as follows: The Secretary of Defense shall ensure that each covered system is supported by a performance-based life-cycle sustainment plan— that is approved by the service acquisition executive responsible for such covered system; and that meets applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable. A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following: A comprehensive product support strategy that addresses each Integrated Product Support Element in a manner— to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system; and that allows evaluation and selection of product support integrators and product support providers appropriate to execute the product support strategy. A life-cycle cost estimate for the covered system that— is based on the product support strategy described in subparagraph (A); and if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval, Milestone B approval, or Milestone C approval. Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management. An intellectual property management plan for product support developed in accordance with section 3774 of this title, including requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title). A strategy to maximize use of public and private sector capabilities including public-private partnerships, when appropriate. After consideration of the views received by the milestone decision authority from appropriate materiel, logistics, or fleet representatives, a plan to transition the covered system from production to initial fielding that addresses specific products or services required for successful initial fielding of the covered system, including— a description of the necessary tooling or other unique support equipment, requirements for initial spare parts and components, technical handbooks and maintenance manuals, maintenance training, and facilities; an identification of the funding required to provide such products and services for any initial fielding location of the covered system; and an assessment of the required number of training simulators, including the initial operational capability and overall fielding of such simulators. In developing each life-cycle sustainment plan required by this section, the product support manager shall— consider affordability constraints and key cost factors that could affect operating and support costs during the life cycle of the covered system; consider sustainment risks or challenges to sustaining the covered system in operational environments, including contested logistics environments (as defined in section 2926 of this title); seek to comply with— requirements to maintain a core logistics capability under section 2464 of this title; and limitations on the performance of depot-level maintenance of materiel under section 2466 of this title; seek to integrate commercial best practices, use commercial standards, and use advanced technologies to enhance the product support of each covered system; and seek to maintain a robust, resilient, and innovative defense industrial base to support requirements throughout the life cycle of the covered system. In this chapter: The terms milestone decision authority and Milestone A approval have the meanings given, respectively, in section 4251 of this title. The term Milestone B approval and Milestone C approval has the meaning given in section 4172 of this title. The term covered system means— a major defense acquisition program as defined in section 4201 of this title; a major subprogram as described in section 4203 of this title; or an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of this title. The term critical readiness items of supply means— parts and systems designated as Mission Impaired Capability Awaiting Parts, Not Mission Capable Supply, or Casualty Report Category 3 or 4 status (as defined by the Secretary of Defense or a Secretary of a military department); or parts or systems designated by the Secretary of Defense as negatively impacting the materiel readiness objectives of a covered system. The term Integrated Product Support Elements means, with respect to a covered system— product support management; design interface; sustaining engineering; maintenance planning and management; supply support; support equipment; technical data; training and training support; information technology systems continuous support; facilities and infrastructure; packaging, handling, storage, and transportation; and manpower and personnel. The term product support means the package of support functions required to field and sustain the readiness and operational capability of covered systems (including subsystems and components of such covered systems). The term product support arrangement — means a contract, task order, or another contractual arrangement, or any type of agreement or non-contractual arrangement entered into by the Federal Government, for the performance of sustainment or logistics support required for covered systems (including subsystems and components of such covered systems); and includes arrangements for any of the following: Performance-based logistics. Sustainment support. Contractor logistics support. Life-cycle product support. The term product support integrator means an entity responsible for integrating private and public sources of product support within the scope of a product support arrangement. The term product support provider means an entity that provides product support functions. . Section 118 of title 10, United States Code, is amended— in the section heading, by inserting before materiel readiness ; objectives in subsection (b), by striking shall address and inserting shall establish procedures and a computation methodology to determine ; in subsection (c)— in paragraph (1), by striking the metrics required and all that follows through the period at the end and inserting materiel readiness objectives for each major weapon system. ; and in paragraph (2), by striking the metrics required by subsection
(b)and inserting such materiel readiness objectives ; in subsection (d)(2), by striking readiness goals or objectives and inserting materiel readiness objectives ; in subsection (e), in the matter preceding paragraph (1), by inserting a comma after designated mission ; and in subsection (f)— by redesignating paragraphs (3), (4), and
(5)as paragraphs (4), (5), and (6), respectively; and by inserting after paragraph
(2)the following new paragraph: The term materiel readiness objective means the minimum required availability of each covered system that is necessary to fulfill the requirements of the strategic framework and guidance referred to in subsection (a). . Section 4325 of title 10, United States Code, is amended— in subsection (b)— in paragraph (1), by inserting in accordance with the requirements of section 118 of this title and after be issued ; by amending paragraph
(3)to read as follows: require each Secretary of a military department to update estimates of operating and support costs periodically throughout the life cycle of a major weapon system, and make necessary adjustments to the life-cycle sustainment plan required by section 4324 of this title to ensure such major weapon system meets applicable operational readiness requirements and materiel readiness objectives (established in accordance with section 118(c) of this title) in the most cost-effective manner practicable; ; by amending paragraph
(9)to read as follows: prior to the Milestone B approval (or equivalent approval) for a major weapon system, require the Secretary concerned to ensure the completion of an intellectual property management plan for product support required under section 4324(b)(1)(D) of this title; and ; and by amending paragraph
(10)to read as follows: require each Secretary of a military department to create and retain an independent cost estimate for the remainder of the life cycle of the covered weapon system every five years. ; by striking subsection (c); and by redesignating subsection
(d)as subsection (c). The Director of Cost Assessment and Program Evaluation shall develop and maintain a database on operating and support estimates, supporting documentation, and actual operating and support costs for major weapon systems (as defined in section 101 of title 10, United States Code, as added by section 811 of this Act). The Secretary of Defense shall ensure that the Director, in carrying out the requirements of paragraph (1)— promptly receives the results of all cost estimates and cost analyses conducted by each Secretary of a military department with regard to operating and support costs of major weapon systems acquired pursuant to a major defense acquisition program (as defined in section 4201 of title 10, United States Code); and has timely access to any records and data of military departments (including classified and proprietary information) that the Director considers necessary to carry out such requirements. The Secretary of Defense may direct each Secretary of a military department, with concurrence of the Under Secretary of Defense for Acquisition and Sustainment, to collect and retain information necessary to support the database required in (1).