10 U.S.C. § 3222 — Independent cost estimate required be-

Page 2435 TITLE 10—ARMED FORCES § 3223 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below. EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 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 be- fore approval (a) REQUIREMENT.— A milestone decision au- thority may not approve entering the engineer- ing and manufacturing development phase, or production and deployment phase, of a major de- fense 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 consid- ered by the milestone decision authority that includes a cost estimate of the full life-cycle cost of the program or subprogram. (b) REGULATIONS.—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 subpro- gram 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. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (c), Jan. 1, 2021, 134 Stat. 4174, 4175; Pub. L. 118–159, div. A, title VIII, § 806(b)(3), Dec. 23, 2024, 138 Stat. 1974.) 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 Re- serve, exclusive of members on active duty, prior to re- peal 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 provi- sions, par. (1), and ‘‘(2) for the for the engineering and manufacturing development phase, or production and deployment phase, includes a cost estimate’’, was exe- cuted 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 esti- mate’’, to reflect the probable intent of Congress. Pub. L. 118–159, § 806(b)(3)(A), substituted ‘‘the engi- neering and manufacturing development phase, or pro- duction 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 ‘‘Require- ment’’ 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), redesig- nated subsec. (a)(2) as (b), inserted heading, substituted ‘‘section 3221 of this title’’ for ‘‘subsection (a)’’ in intro- ductory 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 im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 3223. Director: review of cost estimates, cost analyses, and records of the military depart- ments and Defense Agencies The Secretary of Defense shall ensure that the Director of Cost Assessment and Program Eval- uation— (1) promptly receives the results of all cost estimates and cost analyses conducted by the military departments and Defense Agencies, and all studies conducted by the military de- partments and Defense Agencies in connection with such cost estimates and cost analyses, for major defense acquisition programs and major subprograms of the military departments and Defense Agencies; and (2) has timely access to any records and data in the Department of Defense (including the records and data of each military department and Defense Agency and including classified and proprietary information) that the Direc- tor considers necessary to review in order to carry out any duties under this chapter. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (d), Jan. 1, 2021, 134 Stat. 4174, 4175; Pub. L. 117–81, div. A, title XVII, § 1701(c)(2), Dec. 27, 2021, 135 Stat. 2136.) Editorial Notes CODIFICATION The text of subsec. (c) of section 2334 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1812(d), was based on Pub. L. 111–23, title I, § 101(b)(1), May 22, 2009, 123 Stat. 1706; Pub. L. 114–328, div. A, title VIII, § 842(a)(3), (b)(2), Dec. 23, 2016, 130 Stat. 2288, 2289. PRIOR PROVISIONS A prior section 3223, act Aug. 10, 1956, ch. 1041, 70A Stat. 176, related to authorized strength of Army Re- serve in warrant officers, 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 12008 of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1812(d), transferred subsec. (c) of section 2334 of this title to this section and struck