§3222 — Title 10 Armed Forces | U.S. Code

Summary

The person who approves moving a major defense acquisition program or major subprogram into engineering and manufacturing development, or into production and deployment, must not give that approval unless there is an independent cost estimate that the Director of Cost Assessment and Program Evaluation has done or approved and that the approver has reviewed. That estimate must show the program’s full life‑cycle cost. The rules for those estimates must make them cover all costs — like development, buying equipment, military construction, operations and support, and the trained people needed to run and maintain the system when it is fully in use — no matter where the money comes from. The estimate must also include an analysis of alternative choices that could cut cost and risk and make the program more affordable.

Title 10, §3222

Armed Forces — Source: USLM XML via OLRC

(a)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)The regulations governing the content and submission of independent cost estimates required by section 3221 of this title 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.

Notes & Related Subsidiaries

Editorial Notes

Codification The text of subsec. (b) of section 2334 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1812(c), was based on Pub. L. 114–328, div. A, title VIII, § 842(a)(4), Dec. 23, 2016, 130 Stat. 2288.

Prior Provisions

A prior section 3222, act Aug. 10, 1956, ch. 1041, 70A Stat. 176; Pub. L. 96–513, title V, § 502(7), Dec. 12, 1980, 94 Stat. 2909, related to authorized strength of Army Reserve, exclusive of members on active duty, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1662(a)(3), 1691, Oct. 5, 1994, 108 Stat. 2988, 3026, effective Dec. 1, 1994. See section 12002(a) of this title.

Amendments

2024—Subsec. (a). Pub. L. 118–159, § 806(b)(3)(B), 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. 2021—Subsec. (a). Pub. L. 116–283, § 1812(c)(1), (2)(A), (D), redesignated subsec. (b) of section 2334 of this title 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. Subsec. (b). Pub. L. 116–283, § 1812(c)(2)(B)–(D), redesignated subsec. (a)(2) as (b), inserted heading, substituted “section 3221 of this title” 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

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.

§3222 Independent Cost Estimate Required Before Approval

Summary

Title 10, §3222

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata