10 U.S.C. § 3226 — Estimates for program baseline and anal-

Page 2437 TITLE 10—ARMED FORCES § 3226 XVI, §§ 1662(a)(3), 1691, Oct. 5, 1994, 108 Stat. 2988, 3026, effective Dec. 1, 1994. See section 12002 of this title. AMENDMENTS 2024—Par. (3)(B). Pub. L. 118–159 struck out ‘‘, or the next quarterly report pursuant to section 2445c of this title in the case of a major automated information sys- tem program’’ before period at end. 2021—Pub. L. 116–283, § 1812(f)(1), (2)(A), transferred subsec. (e) of section 2334 of this title to this section and struck out subsec. (e) designation and heading ‘‘Discussion of Risk in Cost Estimates’’ at beginning. Par. (3)(A). Pub. L. 116–283, § 1812(f)(2)(B), substituted ‘‘section 3221(b)(6) of this title’’ for ‘‘subsection (a)(6)’’. Par. (3)(B). Pub. L. 116–283, § 1812(f)(2)(C), as amended by Pub. L. 117–81, § 1701(o)(6)(A)(ii), substituted ‘‘section 4351’’ for ‘‘section 2432’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Ef- fective 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. § 3226. Estimates for program baseline and anal- yses and targets for contract negotiation purposes (a) COST ESTIMATES DEVELOPED FOR SPECIFIED PURPOSES NOT TO BE USED FOR CONTRACT NEGO- TIATIONS OR OBLIGATION OF FUNDS.—The policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation in accordance with the requirements of section 3221 of this title shall provide that cost estimates de- veloped for baseline descriptions and other pro- gram purposes conducted pursuant to subsection (b)(6) of such section are not to be used for the purpose of contract negotiations or the obliga- tion of funds. (b) COST ESTIMATES DEVELOPED FOR SPECIFIED PURPOSES NOT TO BE USED FOR CONTRACT NEGO- TIATIONS OR OBLIGATION OF FUNDS.—The Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Di- rector of Cost Assessment and Program Evalua- tion, develop policies, procedures, and guidance to ensure that cost analyses and targets devel- oped for the purpose of contract negotiations and the obligation of funds are based on the Government’s reasonable expectation of success- ful contractor performance in accordance with the contractor’s proposal and previous experi- ence. (c) PROGRAM MANAGER AND CONTRACTING OFFI- CER.—The program manager and contracting of- ficer for each major defense acquisition program and major subprogram shall ensure that cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are carried out in accordance with the re- quirements of subsection (a) and the policies, procedures, and guidance issued by the Under Secretary of Defense for Acquisition and Sustainment under subsection (b). (d) AVAILABILITY OF EXCESS FUNDS.— (1) Funds that are made available for a major defense acquisition program or major subprogram in accordance with a cost esti- mate conducted pursuant to section 3221(b)(6) of this title, but are excess to a cost analysis or target developed pursuant to subsection (b), shall remain available for obligation in ac- cordance with the terms of applicable author- ization and appropriations Acts. (2) Funds described in paragraph (1)— (A) may be used— (i) to cover any increased program costs identified by a revised cost analysis or tar- get developed pursuant to subsection (b); (ii) to acquire additional end items in ac- cordance with the requirements of section 3069 of this title; or (iii) to cover the cost of risk reduction and process improvements; and (B) may be reprogrammed, in accordance with established procedures, only if deter- mined to be excess to program needs on the basis of a cost estimate developed with the concurrence of the Director of Cost Assess- ment and Program Evaluation. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (g), Jan. 1, 2021, 134 Stat. 4174, 4176.) Editorial Notes CODIFICATION The text of subsec. (f) of section 2334 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1812(g), was based on Pub. L. 111–383, div. A, title VIII, § 811(3), Jan. 7, 2011, 124 Stat. 4263; Pub. L. 112–81, div. A, title VIII, § 833, Dec. 31, 2011, 125 Stat. 1506; Pub. L. 114–328, div. A, title VIII, § 842(a)(3), (b)(3), (6), Dec. 23, 2016, 130 Stat. 2288–2290; Pub. L. 116–92, div. A, title IX, § 902(53), Dec. 20, 2019, 133 Stat. 1549. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1812(g)(1), (2)(A), (B), redesignated subsec. (f) of section 2334 of this title as subsec. (a) of this section, substituted ‘‘Cost Esti- mates Developed for Specified Purposes Not to Be Used for Contract Negotiations or Obligation of Funds’’ for ‘‘Estimates for Program Baseline and Analyses and Targets for Contract Negotiation Purposes’’ in heading, struck out par. (1) designation before ‘‘The policies,’’, and substituted ‘‘section 3221 of this title’’ for ‘‘sub- section (a)’’ and ‘‘subsection (b)(6) of such section’’ for ‘‘subsection (a)(6)’’. Pars. (2), (3), (4), and (5) of subsec. (a) redesignated subsecs. (b), (c), (d)(1), and (d)(2), re- spectively. Subsec. (b). Pub. L. 116–283, § 1812(g)(2)(C), redesig- nated subsec. (a)(2) as (b) and inserted heading. Subsec. (c). Pub. L. 116–283, § 1812(g)(2)(D), redesig- nated subsec. (a)(3) as (c), inserted heading, and sub- stituted ‘‘The program manager’’ for ‘‘The Program Manager’’, ‘‘subsection (a)’’ for ‘‘paragraph (1)’’, and ‘‘subsection (b)’’ for ‘‘paragraph (2)’’. Subsec. (d). Pub. L. 116–283, § 1812(g)(2)(E)(i), (iii), re- designated subsec. (a)(4) and (5) as (d)(1) and (2), respec- tively, inserted subsec. heading, and realigned margin of par. (2). Subsec. (d)(1). Pub. L. 116–283, § 1812(g)(2)(E)(ii), sub- stituted ‘‘section 3221(b)(6) of this title’’ for ‘‘subsection (a)(6)’’ and ‘‘subsection (b)’’ for ‘‘paragraph (2)’’. Subsec. (d)(2). Pub. L. 116–283, § 1812(g)(2)(E)(iv), sub- stituted ‘‘paragraph (1)’’ for ‘‘paragraph (4)’’ in intro- ductory provisions, ‘‘subsection (b)’’ for ‘‘paragraph Page 2438 TITLE 10—ARMED FORCES § 3227 (2)’’ in subpar. (A)(i), and ‘‘section 3069’’ for ‘‘section 2308’’ in subpar. (A)(ii). 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. § 3227. Guidelines and collection method for ac- quisition of cost data (a) DIRECTOR OF CAPE TO DEVELOP GUIDELINES AND COLLECTION METHOD.—The Director of Cost Assessment and Program Evaluation shall, in consultation with the Under Secretary of De- fense for Acquisition and Sustainment, develop policies, procedures, guidance, and a collection method to ensure that quality acquisition cost data are collected to facilitate cost estimation and comparison across acquisition programs. (b) APPLICABILITY TO ACQUISITION PROGRAMS IN AMOUNT GREATER THAN SPECIFIED THRESHOLD.— The program manager and contracting officer for each acquisition program in an amount greater than an amount described in section 3041(c)(1) of this title, in consultation with the cost estimating component of the relevant mili- tary department or Defense Agency, shall en- sure that cost data are collected in accordance with the requirements of subsection (a). (c) LIMITATION ON WAIVER AUTHORITY.—The re- quirement under subsection (a) may be waived only by the Director of Cost Assessment and Program Evaluation. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (h), Jan. 1, 2021, 134 Stat. 4174, 4177; Pub. L. 118–159, div. A, title VIII, § 801, Dec. 23, 2024, 138 Stat. 1965.) Editorial Notes CODIFICATION The text of subsec. (g) of section 2334 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1812(h), was based on Pub. L. 114–328, div. A, title VIII, § 842(a)(7), Dec. 23, 2016, 130 Stat. 2289; Pub. L. 116–92, div. A, title IX, § 902(53), Dec. 20, 2019, 133 Stat. 1549. PRIOR PROVISIONS A prior section 3230, added Pub. L. 85–861, § 1(69)(B), Sept. 2, 1958, 72 Stat. 1464, provided that members of Army who are detailed for duty with agencies of United States outside Department of Defense on a reimburs- able basis not be counted in computing strengths under any law, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. AMENDMENTS 2024—Subsec. (b). Pub. L. 118–159 substituted ‘‘an amount described in section 3041(c)(1) of this title’’ for ‘‘$100,000,000’’. 2021—Subsec. (a). Pub. L. 116–283, § 1812(h)(1), (2)(A), redesignated subsec. (g) of section 2334 of this title as subsec. (a) of this section, substituted ‘‘DIRECTOR OF CAPE TO DEVELOP GUIDELINES AND COLLECTION METHOD’’ for ‘‘GUIDELINES AND COLLECTION OF COST DATA’’ in heading, and struck out par. (1) designation before ‘‘The Director’’. Amendment striking heading was exe- cuted to reflect the probable intent of Congress not- withstanding error in formatting of text. Pars. (2) and (3) of subsec. (a) redesignated subsecs. (b) and (c), re- spectively. Subsec. (b). Pub. L. 116–283, § 1812(h)(2)(B), redesig- nated subsec. (a)(2) as (b), inserted heading, and sub- stituted ‘‘subsection (a)’’ for ‘‘paragraph (1)’’. Subsec. (c). Pub. L. 116–283, § 1812(h)(2)(C), redesig- nated subsec. (a)(3) as (c), inserted heading, and sub- stituted ‘‘subsection (a)’’ for ‘‘paragraph (1)’’. 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. CHAPTER 223—OTHER PROVISIONS RELAT- ING TO PLANNING AND SOLICITATION GENERALLY Sec. 3241. Design-build selection procedures. 3242. Supplies: economic order quantities. 3243. Encouragement of new competitors: quali- fication requirement. 3244. [Reserved]. 3245. [Reserved]. 3246. [Reserved]. 3247. Contracts: regulations for bids. 3248. [Reserved]. 3249. Advocates for competition. 3250. [Reserved]. 3251. [Reserved]. 3252. Requirements for information relating to supply chain risk. Editorial Notes PRIOR PROVISIONS A prior chapter 223 ‘‘PLANNING AND SOLICITA- TION RELATING TO PARTICULAR ITEMS OR SERV- ICES’’, as added by Pub. L. 115–232, div. A, title VIII, § 801(a), Aug. 13, 2018, 132 Stat. 1827, and consisting of re- served section 3251, was repealed by Pub. L. 116–283, div. A, title XVIII, § 1811(b), Jan. 1, 2021, 134 Stat. 4164. AMENDMENTS 2021—Pub. L. 117–81, div. A, title XVII, § 1701(f)(4), Dec. 27, 2021, 135 Stat. 2139, added ‘‘[Reserved]’’ for item 3248 and struck out former item 3248 ‘‘Matters relating to reverse auctions’’. Statutory Notes and Related Subsidiaries SUPPLY CHAIN ILLUMINATION INCENTIVES Pub. L. 118–159, div. A, title VIII, § 849, Dec. 23, 2024, 138 Stat. 1994, provided that: ‘‘(a) IN GENERAL.—Not later than April 1, 2026, the Secretary of Defense shall develop and implement poli- cies, procedures, and tools to incentivize each con- tractor of the Department of Defense to assess and monitor the entire supply chain of goods and services provided to the Department by such contractor to iden- tify potential vulnerabilities and noncompliance risks with respect to such goods and services. ‘‘(b) BRIEFING.—Not later than September 30, 2025, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Rep- resentatives a briefing on the development and imple- mentation of the policies, procedures, and tools under subsection (a), including information on obstacles to developing and implementing such policies, if any, and additional authorities or resources required to develop and implement such policies.’’