§ 3104. Acquisition-related functions of service chiefs

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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, 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).

(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) and the materiel readiness objectives established under section 118(c) of this title.

(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) 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.

(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.

(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;

(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; 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, 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.

(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; renumbered § 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; Pub. L. 119–60, div. A, title XVIII, § 1801(c), Dec. 18, 2025, 139 Stat. 1223.)

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