10 U.S.C. § 3222 | Independent cost estimate required before approval

(a)

Requirement .—

A milestone decision authority may not approve entering the engineering and manufacturing development phase, or production and deployment phase, of a major defense acquisition program or major subprogram unless an independent cost estimate has been conducted or approved by the Director of Cost Assessment and Program Evaluation and considered by the milestone decision authority that includes a cost estimate of the full life-cycle cost of the program or subprogram.

(b)

Regulations .—

section 3221 of this titleThe regulations governing the content and submission of independent cost estimates required by shall require that the independent cost estimate of the full life-cycle cost of a program or subprogram include—

(1)

all costs of development, procurement, military construction, operations and support, and trained manpower to operate, maintain, and support the program or subprogram upon full operational deployment, without regard to funding source or management control; and

(2)

an analysis to support decisionmaking that identifies and evaluates alternative courses of action that may reduce cost and risk, and result in more affordable programs and less costly systems.

Pub. L. 116–283, div. A, title XVIII, § 1812(a)Jan. 1, 2021134 Stat. 4174 Pub. L. 118–159, div. A, title VIII, § 806(b)(3)Dec. 23, 2024138 Stat. 1974(Added and amended , (c), , , 4175; , , .)

Editorial Notes

Codification

section 2334 of this title Pub. L. 116–283, § 1812(c)Pub. L. 114–328, div. A, title VIII, § 842(a)(4)Dec. 23, 2016130 Stat. 2288The text of subsec. (b) of , which was transferred to this section and amended by , was based on , , .

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 176 Pub. L. 96–513, title V, § 502(7)Dec. 12, 198094 Stat. 2909 Pub. L. 103–337, div. A, title XVIOct. 5, 1994108 Stat. 2988Dec. 1, 1994section 12002(a) of this titleA prior section 3222, , ; , , , related to authorized strength of Army Reserve, exclusive of members on active duty, prior to repeal by , §§ 1662(a)(3), 1691, , , 3026, effective . See .

Amendments

Pub. L. 118–159, § 806(b)(3)(B)2024—Subsec. (a). , which directed substitution of “authority that includes a cost estimate” for “authority that—” in introductory provisions, par. (1), and “(2) for the for the engineering and manufacturing development phase, or production and deployment phase, includes a cost estimate”, was executed by making the substitution for “authority that—” in introductory provisions, par. (1), and “(2) for the engineering and manufacturing development phase, or production and deployment phase, includes a cost estimate”, to reflect the probable intent of Congress.

Pub. L. 118–159, § 806(b)(3)(A), substituted “the engineering and manufacturing development phase, or production and deployment phase,” for “a milestone phase” in introductory provisions.

Pub. L. 116–283, § 1812(c)(1)section 2334 of this title2021—Subsec. (a). , (2)(A), (D), redesignated subsec. (b) of as subsec. (a) of this section, substituted “Requirement” for “Independent Cost Estimate Required Before Approval” in heading, struck out par. (1) designation before “A milestone”, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

Pub. L. 116–283, § 1812(c)(2)(B)section 3221 of this titleSubsec. (b). –(D), redesignated subsec. (a)(2) as (b), inserted heading, substituted “” for “subsection (a)” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .