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 Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations assist the Secretary of the military department con- cerned in the performance of the following ac- quisition-related functions of such department: (1) The development of requirements for equipping the armed force concerned (subject, where appropriate, to validation by the Joint Requirements Oversight Council pursuant to section 181 of this title). (2) Decisions regarding the balancing of re- sources and priorities, and associated trade- offs among cost, schedule, technical feasi- bility, and performance on major defense ac- quisition programs. (3) The coordination of measures to control requirements creep in the defense acquisition system. (4) The recommendation of trade-offs among life-cycle cost, schedule, and performance ob- jectives, and procurement quantity objectives, to ensure acquisition programs deliver best value in meeting the approved military re- quirements. (5) Termination of development or procure- ment programs for which life-cycle cost, schedule, and performance expectations are no longer consistent with approved military re- quirements and levels of priority, or which no longer have approved military requirements. (6) The development and management of ca- reer paths in acquisition for military per- sonnel (as required by section 1722a of this title). (7) The assignment and training of con- tracting officer representatives when such rep- resentatives are required to be members of the armed forces because of the nature of the con- tract concerned. (b) ADHERENCE TO REQUIREMENTS IN MAJOR DE- FENSE ACQUISITION PROGRAMS.—(1) The Sec- retary of the military department concerned shall ensure that the program capability docu- ment supporting a Milestone B or subsequent decision for a major defense acquisition program may not be approved until the chief of the armed force concerned determines in writing that the requirements in the document are nec- essary and realistic in relation to the program cost and fielding targets established under sec- tion 4271(a) of this title. (2) Consistent with the performance of duties under subsection (a), the Chief of the armed force concerned, or in the case of a joint pro- gram the chiefs of the armed forces concerned, with respect to major defense acquisition pro- grams, shall— (A) concur with the need for a materiel solu- tion as identified in the Materiel Development Decision Review prior to entry into the Mate- riel Solution Analysis Phase under Depart- ment of Defense Instruction 5000.02; (B) concur with the cost, schedule, technical feasibility, and performance trade-offs that have been made with regard to the program before Milestone A approval is granted under section 4251 of this title; (C) concur that appropriate trade-offs among cost, schedule, technical feasibility, and per- formance objectives have been made to ensure that the program is affordable when consid- ering the per unit cost and the total life-cycle cost before Milestone B approval is granted under section 4252 of this title; and (D) concur that the requirements in the pro- gram capability document are necessary and realistic in relation to program cost and field- ing 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 assign- ment of functions under section 7014(c)(1)(A), section 8014(c)(1)(A), or section 9014(c)(1)(A) of this title, except as explicitly provided in this section. (d) DEFINITIONS.—In this section: (1) The term ‘‘requirements creep’’ means the addition of new technical or operational specifications after a requirements document is approved by the appropriate validation au- thority for the requirements document. (2) The term ‘‘requirements document’’ means a document produced in the require- ments process that is provided for an acquisi- tion program to guide the subsequent develop- ment, production, and testing of the program and that— Page 2397 TITLE 10—ARMED FORCES § 3105 (A) justifies the need for a materiel ap- proach, or an approach that is a combination of materiel and non-materiel, to satisfy one or more specific capability gaps; (B) details the information necessary to develop an increment of militarily useful, logistically supportable, and technically ma- ture capability, including key performance parameters; or (C) identifies production attributes re- quired for a single increment of a program. (3) The term ‘‘program capability docu- ment’’ has the meaning provided in section 4401(b)(5) of this title. (Added Pub. L. 111–383, div. A, title VIII, § 861(a), Jan. 7, 2011, 124 Stat. 4289, § 2547; amended Pub. L. 112–239, div. A, title IX, § 951(c), Jan. 2, 2013, 126 Stat. 1891; Pub. L. 114–92, div. A, title VIII, § 802(b), Nov. 25, 2015, 129 Stat. 879; Pub. L. 114–328, div. A, title VIII, § 807(c), Dec. 23, 2016, 130 Stat. 2261; Pub. L. 115–91, div. A, title VIII, § 833, Dec. 12, 2017, 131 Stat. 1468; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–92, div. A, title XVII, § 1731(a)(52), Dec. 20, 2019, 133 Stat. 1815; renum- bered § 3104 and amended Pub. L. 116–283, div. A, title IX, § 924(b)(32), title XVIII, § 1808(a)(2), (b)(2), Jan. 1, 2021, 134 Stat. 3825, 4159, 4160.) Editorial Notes CODIFICATION In addition to being transferred to this section as part of the renumbering of section 2547 of this title, subsec. (b) of section 2547 of this title had also been di- rected to be transferred to section 4274 of this title and redesignated as subsec. (a) of that section by Pub. L. 116–283, div. A, title XVIII, § 1847(e)(4)(B), Jan. 1, 2021, 134 Stat. 4257. Section 1847(e)(4)(B) of Pub. L. 116–283 was repealed by Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149, effective as if included in title XVIII of Pub. L. 116–283. AMENDMENTS 2021—Pub. L. 116–283, § 1808(a)(2), renumbered section 2547 of this title as this section. Subsec. (a). Pub. L. 116–283, § 924(b)(32), substituted ‘‘the Commandant of the Marine Corps, and the Chief of Space Operations’’ for ‘‘and the Commandant of the Marine Corps’’. Subsec. (b)(1). Pub. L. 116–283, § 1808(b)(2)(A), sub- stituted ‘‘section 4271(a)’’ for ‘‘section 2448a(a)’’. Subsec. (b)(2)(B). Pub. L. 116–283, § 1808(b)(2)(B), sub- stituted ‘‘section 4251’’ for ‘‘section 2366a’’. Subsec. (b)(2)(C). Pub. L. 116–283, § 1808(b)(2)(C), sub- stituted ‘‘section 4252’’ for ‘‘section 2366b’’. Subsec. (d)(3). Pub. L. 116–283, § 1808(b)(2)(D), sub- stituted ‘‘section 4401(b)(5)’’ for ‘‘section 2446a(b)(5)’’. 2019—Subsec. (b)(2)(A). Pub. L. 116–92 substituted ‘‘materiel’’ for ‘‘material’’ and ‘‘Materiel’’ for ‘‘Mate- rial’’ in two places. 2018—Subsec. (c). Pub. L. 115–232 substituted ‘‘section 7014(c)(1)(A), section 8014(c)(1)(A), or section 9014(c)(1)(A)’’ for ‘‘section 3014(c)(1)(A), section 5014(c)(1)(A), or section 8014(c)(1)(A)’’. 2017—Subsec. (b). Pub. L. 115–91 designated existing provisions as par. (1) and added par. (2). 2016—Subsecs. (b), (c). Pub. L. 114–328, § 807(c)(1), (2), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 114–328, § 807(c)(1), redesignated subsec. (c) as (d). Subsec. (d)(3). Pub. L. 114–328, § 807(c)(3), added par. (3). 2015—Subsec. (a)(2) to (5). Pub. L. 114–92, § 802(b)(1), (2), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Former par. (5) redesig- nated (6). Subsec. (a)(6). Pub. L. 114–92, § 802(b)(1), (3), redesig- nated par. (5) as (6) and substituted ‘‘The development and management’’ for ‘‘The development’’. Former par. (6) redesignated (7). Subsec. (a)(7). Pub. L. 114–92, § 802(b)(1), redesignated par. (6) as (7). 2013—Subsec. (a)(1). Pub. L. 112–239, § 951(c)(1), sub- stituted ‘‘of requirements for equipping the armed force concerned’’ for ‘‘of requirements relating to the defense acquisition system’’. Subsec. (a)(3) to (6). Pub. L. 112–239, § 951(c)(2), (3), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1808(a)(2), (b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of exist- ing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 3105. Elements of the defense acquisition sys- tem: performance assessments (a) PERFORMANCE ASSESSMENTS REQUIRED.— The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, the Director of Procurement and Acquisition Policy, and the Director of the Of- fice of Performance Assessment and Root Cause Analysis, shall issue guidance, with detailed im- plementation instructions, for the Department of Defense to provide for periodic independent performance assessments of elements of the de- fense acquisition system for the purpose of— (1) determining the extent to which such ele- ments of the defense acquisition system de- liver value to the Department of Defense, tak- ing into consideration the performance ele- ments identified in subsection (b); (2) assisting senior officials of the Depart- ment of Defense in identifying and developing lessons learned from best practices and short- comings in the performance of such elements of the defense acquisition system; and (3) assisting senior officials of the Depart- ment of Defense in developing acquisition workforce excellence under section 1701a of this title. (b) AREAS CONSIDERED IN PERFORMANCE AS- SESSMENTS.—(1) Each performance assessment conducted pursuant to subsection (a) shall con- sider, at a minimum— (A) the extent to which acquisitions con- ducted by the element of the defense acquisi- tion system under review meet applicable cost, schedule, and performance objectives; and (B) the staffing and quality of the acquisi- tion workforce and the effectiveness of the management of the acquisition workforce, in- cluding workforce incentives and career paths. (2) The Secretary of Defense shall ensure that the performance assessments required by this