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10 U.S.C. § 3104 — Acquisition-related functions of service chiefs

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3104 — Acquisition-related functions of service chiefs

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Source location: Title 10, Chapter 205, § 3104; chapter-205-defense-acquisition-system.md

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**(a) Performance of Certain Acquisition-related Functions.—** The Secretary of Defense shall ensure that the service chiefs assist the Secretary of the military department concerned, in accordance with the objectives established pursuant to [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3102&num=0&edition=prelim), in the performance of the following acquisition-related functions of such department: (1) The development of capability requirement statements for equipping the armed force concerned that— (A) describes the operational problem to provide necessary context for the capability requirement; (B) proposes nonprescriptive solutions to operational problems; and (C) ensures system interoperability, where appropriate, between and among joint military capabilities (as defined in [section 181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section181&num=0&edition=prelim)). (2) Implement strategies to support timely adjustments to capability requirement statements developed in paragraph (1). (3) Advise on trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to maximize best value for the end user. (4) In consultation with the Joint Requirements Oversight Council, prioritize— (A) capability needs for investment; and (B) resource allocation to meet operational readiness requirements (as defined in [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim)) and the materiel readiness objectives established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c&num=0&edition=prelim). (5) Make available appropriate personnel to provide end-user feedback for the development of new capabilities. (6) Recommend modification, discontinuation, or termination of the development of capabilities— (A) that no longer align with a capability requirement established by the Secretary of Defense; or (B) that are experiencing significant cost growth, technical or performance deficiencies, or delays in schedule. (7) Build acquisition career paths for officers and personnel (as required by [section 1722a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1722a&num=0&edition=prelim)) to ensure such officers and personnel have the necessary skills and opportunities for career progression to fulfill the objectives established pursuant to [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3102&num=0&edition=prelim). **(b) Adherence to Requirements in Major Defense Acquisition Programs.—** (1) The Secretary of the military department concerned shall ensure that any requirements document for a major defense acquisition program may not be approved until the service chief concerned determines in writing that the requirements in the document are necessary and realistic in relation to the program cost and fielding targets established under [section 4271(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4271/a&num=0&edition=prelim). (2) Consistent with the performance of duties under subsection (a), the service chief concerned, or in the case of a joint program the service chiefs concerned, with respect to major defense acquisition programs, shall— (A) concur with the need for a materiel solution as identified in the Materiel Development Decision Review; (B) concur with the life-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs that have been made with regard to the program before Milestone A approval is granted under [section 4251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4251&num=0&edition=prelim); (C) concur that appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program is affordable when considering the per unit cost and the total life-cycle cost before Milestone B approval is granted under [section 4252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4252&num=0&edition=prelim); and (D) concur that the requirements in the program capability document are necessary and realistic in relation to program cost and fielding targets as required by paragraph (1) before Milestone C approval is granted. **(c) Rule of Construction.—** Nothing in this section shall be construed to affect the assignment of functions under section 7014(c)(1)(A), section 8014(c)(1)(A), or [section 9014(c)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9014/c/1/A&num=0&edition=prelim), except as explicitly provided in this section. **(d) Requirements Document Defined.—** In this section, the term “requirements document” means a document that establishes the need for a materiel approach to address an operational problem.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 181 — Joint Requirements Oversight Council

**(a) In General.—** There is a Joint Requirements Oversight Council in the Department of Defense. **(b) Mission.—** In addition to other matters assigned to it by the President or Secretary of Defense, the Joint Requirements Oversight Council shall assist the Chairman of the Joint Chiefs of Staff in— (1) evaluating global trends, emerging threats, and adversary capabilities to inform understanding of joint operational problems and to shape joint force design; (2) coordinating with commanders of combatant commands to compile, refine, and prioritize joint operational problems; (3) continuously reviewing and assessing joint military capabilities of elements of the Department of Defense listed in [section 111(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section111/b&num=0&edition=prelim) in a manner that meets applicable requirements in the national defense strategy under [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim); (4) identifying and prioritizing gaps and opportunities in joint military capabilities, including making recommendations for changes to address such capability and capacity gaps; (5) identifying advances in technology, innovative commercial solutions, and concepts of operation that could improve the military advantage of the joint force; (6) recommending joint capability requirements that— (A) describe the joint operational problem to provide necessary context for the joint capability requirement; (B) proposes nonprescriptive solutions to joint operational problems; and (C) ensures system interoperability, where appropriate, between and among joint military capabilities; (7) designing the joint force in a manner t

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 181

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1722a — Special requirements for military personnel in the acquisition field

**(a) Requirement for Policy and Guidance Regarding Military Personnel in Acquisition.—** The Secretary of Defense shall require the Secretary of each military department (with respect to such military department), in collaboration with the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations (with respect to the Army, Navy, Air Force, Marine Corps, and Space Force, respectively), and the Under Secretary of Defense for Acquisition and Sustainment (with respect to the Office of the Secretary of Defense, the unified combatant commands, the Defense Agencies, and the Defense Field Activities) to establish policies and issue guidance to ensure the proper development, assignment, and employment of members of the armed forces in the acquisition field to achieve the objectives of this section as specified in subsection (b). **(b) Objectives.—** Policies established and guidance issued pursuant to subsection (a) shall ensure, at a minimum, the following: (1) A single-track career path in the acquisition field that attracts the highest quality officers and enlisted personnel. (2) A dual-track career path that attracts the highest quality officers and enlisted personnel and allows them to gain experience in and receive credit for a primary career in combat arms and a functional secondary career in the acquisition field in order to more closely align the military operational, requirements, and acquisition workforces of each armed force. (3) A number of command positions and senior noncommissioned officer positions, including acquisition billets reserved for general officers and flag officers under subsection (c), sufficient to ensure that members of the armed forces

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1722a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4324 — Life-cycle management and product support

**(a) In General.—** The Secretary of Defense shall ensure that each covered system is supported by a performance-based life-cycle sustainment plan— (1) that is approved by the service acquisition executive responsible for such covered system; and (2) that meets applicable operational readiness requirements and materiel readiness objectives (established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c&num=0&edition=prelim)) in the most cost-effective manner practicable. **(b) Life-cycle Sustainment Plan.—** (1) 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) A comprehensive product support strategy that addresses each Integrated Product Support Element in a manner— (i) to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system; and (ii) that allows evaluation and selection of product support integrators and product support providers appropriate to execute the product support strategy. (B) A life-cycle cost estimate for the covered system that— (i) is based on the product support strategy described in subparagraph (A); and (ii) 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. (C) Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management. (D) An intellectu

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4324

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2547 — Renumbered § 3104]

### Statutory Notes #### Prior Provisions A prior section 2547 was renumbered [section 2557 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2557&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4274 — Omitted]

### Statutory Notes #### Codification Pub. L. 116–283, div. A, title XVIII, § 1847(e)(4), (5), Jan. 1, 2021, 134 Stat. 4256, 4257, enacted this section, transferred subsec. (b) of [section 2547 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2547&num=0&edition=prelim) to this section, and made additional amendments, which were all to become effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149, repealed section 1847(e)(4), (5) of Pub. L. 116–283, effective as if included therein, thereby omitting this section and eliminating the amendments before they took effect.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4251 — Major defense acquisition programs: factors to be considered before Milestone A approval

**(a) Responsibilities.—** Before granting Milestone A approval for a major defense acquisition program or a major subprogram, the milestone decision authority for the program or subprogram shall ensure that— (1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the risk reduction phase; (2) the cost, schedule, technical feasibility, and performance trade-offs that have been made with regard to the program do not overly constrain future trade space; and (3) there are sound plans for progression of the program or subprogram to the development phase. **(b) Factors to Be Considered for Milestone a Approval.—** A major defense acquisition program or subprogram may not receive Milestone A approval or otherwise be initiated prior to Milestone B approval until the milestone decision authority confirms that the following factors were considered in the decision to grant Milestone A approval: (1) The program or subprogram fulfills an approved requirements document. (2) The program or subprogram has conducted appropriate market research. (3) With respect to any identified areas of risk, there is a plan to reduce the risk. (4) Planning for sustainment has been addressed. (5) An analysis of alternatives has been performed consistent with study guidance developed by the Director of Cost Assessment and Program Evaluation, or in lieu of an analysis of alternatives, early experimentation with a combatant commander has been conducted. (6) A life cycle cost estimate for the program or subprogram has been submitted by the component and that the level of resources required to complete the technology maturation and risk reduction phase of the program is sufficient for successful program execution. (7) The program or subpro

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3102 — Objectives of the defense acquisition system

**(a) In General.—** The Secretary of Defense shall ensure that the defense acquisition system expeditiously provides the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to sustain the military advantage of the United States in the most cost-effective manner practicable. **(b) Guidance.—** The Secretary of Defense shall issue guidance to carry out subsection (a) and shall ensure that the defense acquisition system prioritizes the needs of end users and is validated by direct engagement, experimentation, and iteration. Such guidance shall require the following: (1) All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense. (2) A leadership culture and organizational structure that empowers individuals in the management of the defense acquisition system and encourages appropriate delegation authority, collaboration, and mission-focused risk-taking. (3) Sufficient numbers of members of the acquisition workforce to support the defense acquisition system, and that such members are properly trained and assigned. (4) Resource decisions for the defense acquisition system to prioritize best value and seek to balance life-cycle costs, schedule, performance, and quantity through continuous trade-off analysis informed by prototyping and direct feedback from end users. (5) Adoption and integration in the defense acquisition system of advanced approaches in digital engineering, model-based engineering, and simulation environments to enable rapid, iterative designs and technology insertion to maximize mission outcomes. (6) Active pursuit of innovative solutions to enhance

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3102

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4252 — Major defense acquisition programs: factors to be considered before Milestone B approval

**(a) Responsibilities.—** Before granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall ensure that— (1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase; (2) appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program or subprogram is affordable when considering the per-unit cost and the total life-cycle cost, and the Secretary of the military department concerned and the Chief of the armed force concerned concur with these trade-offs; and (3) there are sound plans for progression of the program or subprogram to the production phase. **(b) Factors to Be Considered for Milestone B Approval.—** A major defense acquisition program or major subprogram may not receive Milestone B approval until the milestone decision authority confirms the following factors were considered in the decision to grant Milestone B approval: (1) The program or subprogram has received a preliminary design review and a formal post-preliminary design review or an equivalent assessment was conducted. (2) The technology in the program or subprogram has been demonstrated in a relevant environment. (3) The program or subprogram is affordable when considering the ability of the Department of Defense to accomplish the program’s or subprogram’s general mission using alternative systems. (4) Reasonable lifecycle cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation, the plan under the program or subprogram. (5) The estimated

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3104 — Acquisition-related functions of chiefs of

Page 2396 TITLE 10—ARMED FORCES § 3104 tary department concerned, a service acquisi- tion 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 nec- essary to ensure the successful and efficient op- eration of such elements of the defense acquisi- tion 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.) Editorial Notes AMENDMENTS 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), sub- stituted ‘‘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 Ac- quisition, Technology, and Logistics’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT 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. § 3104. Acquisition-related functions of chiefs of the armed forces (a) PERFORMANCE OF CERTAIN ACQUISITION-RE- LATED FUNCTIONS.—The Secretary of Defense shall ensure that the Chief of Staff of the Army, the Chief of

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3104

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