10 U.S.C. § 4274 (ARMED FORCES)
§ 4274. Acquisition-related functions of chiefs of the armed forces: adherence to requirements in major defense acquisition programs
(a) Role of Service Chiefs in Program Capability Document Approval.—
The Secretary of the military department concerned shall ensure that the program capability document 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 necessary and realistic in relation to the program cost and fielding targets established under 4271(a) 1 of this title.
(b) Role of Service Chiefs in Material Development Decision and Acquisition System Milestones.—
Consistent with the performance of duties under section 3053 of this title, the Chief of the armed force concerned, or in the case of a joint program the chiefs of the armed forces concerned, with respect to major defense acquisition programs, shall—
(1) concur with the need for a materiel solution as identified in the Materiel Development Decision Review prior to entry into the Materiel Solution Analysis Phase under Department of Defense Instruction 5000.02;
(2) 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;
(3) 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
(4) 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) Program Capability Document Defined.—
In this section, the term “program capability document” has the meaning provided that term in section 4401(b)(5) of this title.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1847(e)(4), (5), Jan. 1, 2021, 134 Stat. 4256, 4257.)
heading: Codification
text: The text of subsec. (b) of section 2547 of this title, which was transferred to this section and redesignated as subsec. (a) by Pub. L. 116–283, § 1847(e)(4)(B), was based on Pub. L. 114–328, div. A, title VIII, § 807(c)(2), Dec. 23, 2016, 130 Stat. 2261; Pub. L. 115–91, div. A, title VIII, § 833, Dec. 12, 2017, 131 Stat. 1468; Pub. L. 116–92, div. A, title XVII, § 1731(a)(52), Dec. 20, 2019, 133 Stat. 1815. Section 2547 of this title was also transferred to section 3104 of this title by Pub. L. 116–283, div. A, title XVIII, § 1808(a)(2), Jan. 1, 2021, 134 Stat. 4159.
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283, § 1847(e)(4)(C), substituted “Role of Service Chiefs in Program Capability Document Approval” for “Adherence to Requirements in Major Defense Acquisition Programs” in heading, struck out par. (1) designation before “The Secretary” and substituted “4271(a)” for “section 2448a(a)”.
Pub. L. 116–283, § 1847(e)(4)(B), redesignated subsec. (b) of section 2547 of this title as subsec. (a) of this section and par. (2) of subsec. (a) as subsec. (b).
Subsec. (b). Pub. L. 116–283, § 1847(e)(4)(D)(i)–(iii), inserted heading, substituted “under section 3053 of this title” for “under subsection (a)” in introductory provisions, and redesignated subpars. (A) to (D) as pars. (1) to (4), respectively.
Pub. L. 116–283, § 1847(e)(4)(B)(ii), redesignated par. (2) of subsec. (a) as subsec. (b).
Subsec. (b)(2). Pub. L. 116–283, § 1847(e)(4)(D)(iv), substituted “section 4251” for “section 2366a”.
Subsec. (b)(3). Pub. L. 116–283, § 1847(e)(4)(D)(v), substituted “section 4252” for “section 2366b”.
Subsec. (c). Pub. L. 116–283, § 1847(e)(5)(A), added subsec. (c) consisting of text identical to subsec. (c) of section 2547 of this title as in effect on the day before the effective date of this section. See Effective Date note below.
Subsec. (d). Pub. L. 116–283, § 1847(e)(5)(B), added subsec. (d).
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.