10 U.S.C. § 3224 — Director: participation, concurrence, and

Page 2436 TITLE 10—ARMED FORCES § 3224 out subsec. (c) designation and heading ‘‘Review of Cost Estimates, Cost Analyses, and Records of the Military Departments and Defense Agencies’’ at beginning. Par. (2). Pub. L. 117–81 substituted ‘‘under this chap- ter’’ for ‘‘under this section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 to take effect imme- diately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) 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. § 3224. Director: participation, concurrence, and approval in cost estimation The Director of Cost Assessment and Program Evaluation may— (1) participate in the discussion of any dis- crepancies between an independent cost esti- mate and the cost estimate of a military de- partment or Defense Agency for a major de- fense acquisition program or major subpro- gram of the Department of Defense; (2) comment on deficiencies in the method- ology or execution of any cost estimate or cost analysis developed by a military depart- ment or Defense Agency for a major defense acquisition program or major subprogram; (3) concur in the choice of a cost estimate within the baseline description or any other cost estimate (including the discussion of risk for any such cost estimate) for use at any event specified in section 3221(b)(6) of this title; and (4) participate in the consideration of any decision to request authorization of a multiyear procurement contract for a major defense acquisition program or major subpro- gram. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (e), Jan. 1, 2021, 134 Stat. 4174, 4175.) Editorial Notes CODIFICATION The text of subsec. (d) of section 2334 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1812(e), 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), (5), (b)(3), (4), Dec. 23, 2016, 130 Stat. 2288–2290. PRIOR PROVISIONS A prior section 3224, act Aug. 10, 1956, ch. 1041, 70A Stat. 177, related to authorized strength of Army Na- tional Guard of United States, 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 sec- tion 12001 of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1812(e)(1), (2)(A), transferred subsec. (d) of section 2334 of this title to this section and struck out subsec. (d) designation and heading ‘‘Participation, Concurrence, and Approval in Cost Es- timation’’ at beginning. Par. (3). Pub. L. 116–283, § 1812(e)(2)(B), substituted ‘‘section 3221(b)(6) of this title’’ for ‘‘subsection (a)(6)’’. 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. § 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 De- fense 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 pro- grams and major subprograms; (2) ensure that cost estimates are developed, to the extent practicable, based on historical actual cost information that is based on dem- onstrated contractor and Government per- formance 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) in any decision documentation approv- ing a cost estimate within the baseline de- scription or any other cost estimate for use at any event specified in section 3221(b)(6) of this title; and (B) in the next Selected Acquisition Re- port pursuant to section 4351 of this title in the case of a major defense acquisition pro- gram or major subprogram. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (f), Jan. 1, 2021, 134 Stat. 4174, 4176; Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(A)(ii), Dec. 27, 2021, 135 Stat. 2147; Pub. L. 118–159, div. A, title XVII, § 1701(a)(36), Dec. 23, 2024, 138 Stat. 2205.) Editorial Notes CODIFICATION The text of subsec. (e) of section 2334 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1812(f), was based on Pub. L. 111–23, title I, § 101(b)(1), May 22, 2009, 123 Stat. 1706; Pub. L. 111–383, div. A, title VIII, § 811(1), Jan. 7, 2011, 124 Stat. 4263; Pub. L. 114–328, div. A, title VIII, § 842(a)(3), (6), (b)(5), Dec. 23, 2016, 130 Stat. 2288–2290. PRIOR PROVISIONS A prior section 3225, act Aug. 10, 1956, ch. 1041, 70A Stat. 177; Pub. L. 96–513, title V, § 502(7), Dec. 12, 1980, 94 Stat. 2909; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, 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 Pub. L. 103–337, div. A, title