US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3225

Discussion of risk in cost estimates

The Director of Cost Assessment and Program Evaluation, and the Secretary of the military department concerned or the head of the Defense Agency concerned (as applicable), shall each—
(1)
issue guidance requiring a discussion of risk, the potential impacts of risk on program costs, and approaches to mitigate risk in cost estimates for major defense acquisition programs and major subprograms;
(2)
ensure that cost estimates are developed, to the extent practicable, based on historical actual cost information that is based on demonstrated contractor and Government performance and that such estimates provide a high degree of confidence that the program or subprogram can be completed without the need for significant adjustment to program budgets; and
(3)
include the information required in the guidance under paragraph (1)—
(A)
section 3221(b)(6) of this title in any decision documentation approving a cost estimate within the baseline description or any other cost estimate for use at any event specified in ; and
(B)
section 4351 of this title in the next Selected Acquisition Report pursuant to in the case of a major defense acquisition program or major subprogram.

Pub. L. 116–283, div. A, title XVIII, § 1812(a)134 Stat. 4174Pub. L. 117–81, div. A, title XVII, § 1701o135 Stat. 2147Pub. L. 118–159, div. A, title XVII, § 1701(a)(36)138 Stat. 2205(Added and amended , (f), , , 4176; ()(6)(A)(ii), , ; , , .)

Editorial Notes

Codification

section 2334 of this titlePub. L. 116–283, § 1812(f)Pub. L. 111–23, title I, § 101(b)(1)123 Stat. 1706Pub. L. 111–383, div. A, title VIII, § 811(1)124 Stat. 4263Pub. L. 114–328, div. A, title VIII, § 842(a)(3)130 Stat. 2288–2290The text of subsec. (e) of , which was transferred to this section and amended by , was based on , , ; , , ; , (6), (b)(5), , .

Prior Provisions

act Aug. 10, 1956, ch. 104170A Stat. 177Pub. L. 96–513, title V, § 502(7)94 Stat. 2909Pub. L. 100–456, div. A, title XII, § 1234(a)(1)102 Stat. 2059Pub. L. 103–337, div. A, title XVI108 Stat. 2988section 12002 of this titleA prior section 3225, , ; , , ; , , , related to authorized strength of Army National Guard and Army National Guard of United States, exclusive of members on active duty, prior to repeal by , §§ 1662(a)(3), 1691, , , 3026, effective . See .

Amendments

Pub. L. 118–159section 2445c of this title2024—Par. (3)(B). struck out “, or the next quarterly report pursuant to in the case of a major automated information system program” before period at end.

Pub. L. 116–283, § 1812(f)(1)section 2334 of this title2021—, (2)(A), transferred subsec. (e) of to this section and struck out subsec. (e) designation and heading “Discussion of Risk in Cost Estimates” at beginning.

Pub. L. 116–283, § 1812(f)(2)(B)section 3221(b)(6) of this titlePar. (3)(A). , substituted “” for “subsection (a)(6)”.

Pub. L. 116–283, § 1812(f)(2)(C)Pub. L. 117–81, § 1701oPar. (3)(B). , as amended by ()(6)(A)(ii), substituted “section 4351” for “section 2432”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and Effective Date note below.

Effective Date

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 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 .