10 U.S.C. § 3221 — Director of Cost Assessment and Program

Page 2433 TITLE 10—ARMED FORCES § 3221 1 Editorially supplied. 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 section 12009 of this title. Prior sections 3213 and 3214 were repealed by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. Section 3213, act Aug. 10, 1956, ch. 1041, 70A Stat. 176, prescribed authorized strength of Regular Army in war- rant officers on active list. Section 3214, acts Aug. 10, 1956, ch. 1041, 70A Stat. 176; Sept. 2, 1958, Pub. L. 85–861, § 1(64), 72 Stat. 1463, pre- scribed authorized strength of Regular Army in en- listed members on active duty, exclusive of officer can- didates. A prior section 3215, acts Aug. 10, 1956, ch. 1041, 70A Stat. 176; Nov. 8, 1967, Pub. L. 90–130, § 1(9)(H), 81 Stat. 375, authorized strength of Women’s Army Corps of Regular Army in warrant officers on active list and in enlisted members on active duty to be prescribed by Secretary, prior to repeal by Pub. L. 95–485, title VIII, § 820(c)(3), Oct. 20, 1978, 92 Stat. 1627. A prior section 3216, act Aug. 10, 1956, ch. 1041, 70A Stat. 176, prescribed authorized strength of Corps of En- gineers in enlisted members on active duty, prior to re- peal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. Prior sections 3217 to 3220 were repealed by Pub. L. 103–337, div. A, title XVI, §§ 1662(a)(3), 1691, Oct. 5, 1994, 108 Stat. 2988, 3026, effective Dec. 1, 1994. Section 3217, added Pub. L. 85–861, § 1(69)(A), Sept. 2, 1958, 72 Stat. 1463, related to authorized strength of Army in reserve commissioned officers in active status. See section 12003 of this title. Section 3218, added Pub. L. 85–861, § 1(69)(A), Sept. 2, 1958, 72 Stat. 1463; amended Pub. L. 96–107, title III, § 302(a), Nov. 9, 1979, 93 Stat. 806; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 102–190, div. A, title X, § 1061(a)(20)(B), Dec. 5, 1991, 105 Stat. 1473, related to authorized strength of Army in re- serve general officers in active status. See section 12004 of this title. Section 3219, added Pub. L. 85–861, § 1(69)(A), Sept. 2, 1958, 72 Stat. 1464, related to authorized strength of Army in reserve commissioned officers in active status in grades below brigadier general. See section 12005(a) of this title. Section 3220, added Pub. L. 85–861, § 1(69)(A), Sept. 2, 1958, 72 Stat. 1464; amended Pub. L. 95–485, title VIII, § 820(c)(4), Oct. 20, 1978, 92 Stat. 1627, related to distribu- tion of reserve commissioned officers by Secretary of the Army. See section 12007 of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1811(g)(2), redesignated subsec. (d) of section 2305 of this title as subsec. (a) of this sec- tion and redesignated pars. (2) to (4) thereof as subsecs. (b) to (d), respectively. Subsec. (a). Pub. L. 116–283, § 1811(g)(3), inserted sub- sec. heading, redesignated par. (1)(A) as (1), inserted par. heading, and substituted ‘‘paragraph (2)’’ for ‘‘sub- paragraph (B)’’, and redesignated par. (1)(B) and its cls. (i) and (ii) as par. (2) and subpars. (A) and (B), respec- tively, inserted par. heading, and substituted ‘‘para- graph (1)’’ for ‘‘subparagraph (A)’’ in introductory pro- visions. Subsec. (b). Pub. L. 116–283, § 1811(g)(2), (4), redesig- nated subsec. (a)(2) as (b), inserted subsec. heading, re- designated subpar. (A) as par. (1), inserted par. heading, and substituted ‘‘paragraph (2)’’ for ‘‘subparagraph (B)’’, and redesignated subpar. (B) and its cls. (i) and (ii) as par. (2) and subpars. (A) and (B), respectively, in- serted par. heading, and substituted ‘‘paragraph (1)’’ for ‘‘subparagraph (A)’’ in introductory provisions. Subsec. (c). Pub. L. 116–283, § 1811(g)(2), (5), redesig- nated subsec. (a)(3) as (c), inserted heading, and sub- stituted ‘‘subsections (a) and (b)’’ for ‘‘paragraphs (1) and (2)’’. Subsec. (d). Pub. L. 116–283, § 1811(g)(2), (6), redesig- nated subsec. (a)(4) as (d), inserted subsec. heading, and substituted ‘‘subsection (a)(2) or (b)(2)’’ for ‘‘paragraph (1)(B) or (2)(B)’’ in introductory provisions; redesig- nated subpar. (A) and its cls. (i) and (ii) as par. (1) and subpars. (A) and (B), respectively, inserted par. head- ing, and realigned margins; and redesignated subpar. (B) as par. (2), inserted heading, realigned margin, and substituted ‘‘subsection (a)(2) or (b)(2)’’ for ‘‘paragraph (1)(B) or (2)(B)’’. 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 222—INDEPENDENT COST ESTIMATION AND COST ANALYSIS Sec.1 3221. Director of Cost Assessment and Program Evaluation. 3222. Independent cost estimate required before ap- proval. 3223. Director: review of cost estimates, cost anal- yses, and records of the military depart- ments and Defense Agencies. 3224. Director: participation, concurrence, and ap- proval in cost estimation. 3225. Discussion of risk in cost estimates. 3226. Estimates for program baseline and analyses and targets for contract negotiation pur- poses. 3227. Guidelines and collection method for acquisi- tion of cost data. § 3221. Director of Cost Assessment and Program Evaluation (a) IN GENERAL.—The Director of Cost Assess- ment and Program Evaluation shall ensure that the cost estimation and cost analysis processes of the Department of Defense provide accurate information and realistic estimates of cost for the acquisition programs of the Department of Defense. (b) FUNCTIONS.—In carrying out the responsi- bility of the Director under subsection (a), the Director shall— (1) prescribe, by authority of the Secretary of Defense, policies and procedures for the con- duct of cost estimation and cost analysis for the acquisition programs of the Department of Defense; (2) with respect to cost estimation in the De- partment of Defense in general and with re- spect to specific cost estimates and cost anal- yses to be conducted in connection with a major defense acquisition program or major subprogram under chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328 of this title, provide guidance to and consult with— (A) the Secretary of Defense; (B) the Under Secretary of Defense for Ac- quisition and Sustainment; (C) the Under Secretary of Defense (Comp- troller); (D) the Secretaries of the military depart- ments; and (E) the heads of the Defense Agencies; Page 2434 TITLE 10—ARMED FORCES § 3221 (3) issue guidance relating to the proper dis- cussion of risk in cost estimates generally, and specifically, for the proper discussion of risk in cost estimates for major defense acqui- sition programs and major subprograms; (4) issue guidance relating to full consider- ation of life-cycle management and sustain- ability costs in major defense acquisition pro- grams and major subprograms; (5) review all cost estimates and cost anal- yses conducted in connection with major de- fense acquisition programs and major subpro- grams; (6) conduct or approve independent cost esti- mates and cost analyses for all major defense acquisition programs and major subpro- grams— (A) in advance of— (i) any decision to grant milestone ap- proval pursuant to section 4252 of this title; (ii) any decision to enter into low-rate initial production or full-rate production; (iii) any certification under section 4376 of this title; and (iv) any decision to enter into a contract in connection with a military construction project of a value greater than $500,000,000; and (B) at any other time considered appro- priate by the Director, upon the request of the Under Secretary of Defense for Acquisi- tion and Sustainment, or upon the request of the milestone decision authority; (7) periodically assess and update the cost indexes used by the Department to ensure that such indexes have a sound basis and meet the Department’s needs for realistic cost esti- mation; and (8) annually review the cost and associated information required to be included, by sec- tion 4351(c)(1) of this title, in the Selected Ac- quisition Reports required by that section. (c) STAFF.—The Secretary of Defense shall en- sure that the Director of Cost Assessment and Program Evaluation has sufficient professional staff of military and civilian personnel to enable the Director to carry out the duties and respon- sibilities of the Director under this chapter. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (b), Jan. 1, 2021, 134 Stat. 4174; Pub. L. 117–81, div. A, title XVII, § 1701(c)(1), (d)(5), (o)(6)(A)(i), Dec. 27, 2021, 135 Stat. 2135, 2136, 2147; Pub. L. 117–263, div. B, title XXVIII, § 2806(b), Dec. 23, 2022, 136 Stat. 2995; Pub. L. 118–159, div. A, title VIII, § 806(b)(2), title XVII, § 1701(a)(35), Dec. 23, 2024, 138 Stat. 1974, 2205.) Editorial Notes CODIFICATION The text of subsec. (a) of section 2334 of this title, which was transferred to this section, redesignated as subsecs. (a) and (b), and amended by Pub. L. 116–283, § 1812(b)(1), (2), was based on Pub. L. 111–23, title I, § 101(b)(1), May 22, 2009, 123 Stat. 1706; Pub. L. 113–66, div. A, title VIII, § 812(c)(1), Dec. 26, 2013, 127 Stat. 808; Pub. L. 114–92, div. A, title VIII, § 824(b), Nov. 25, 2015, 129 Stat. 907; Pub. L. 114–328, div. A, title VIII, §§ 842(a)(1), (2), (b)(1), (2), 846(3), Dec. 23, 2016, 130 Stat. 2288, 2289, 2292; Pub. L. 115–91, div. A, title X, § 1081(a)(31), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–92, div. A, title IX, § 902(53), Dec. 20, 2019, 133 Stat. 1549. The text of subsec. (h) of section 2334 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Pub. L. 116–283, § 1812(b)(3), was based on Pub. L. 111–23, title I, § 101(b)(1), May 22, 2009, 123 Stat. 1706; Pub. L. 114–92, div. A, title X, § 1077(a), Nov. 25, 2015, 129 Stat. 998; Pub. L. 114–328, div. A, title VIII, § 842(a)(3), Dec. 23, 2016, 130 Stat. 2288. PRIOR PROVISIONS A prior section 3221, act Aug. 10, 1956, ch. 1041, 70A Stat. 176, related to authorized strength of Army Re- serve, 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 12001 of this title. AMENDMENTS 2024—Subsec. (b)(6)(A)(i). Pub. L. 118–159, § 806(b)(2), struck out ‘‘4251 or’’ before ‘‘4252 of this title’’. Subsec. (b)(6)(A)(iv), (v). Pub. L. 118–159, § 1701(a)(35), redesignated cl. (v) as (iv) and struck out former cl. (iv) which read as follows: ‘‘any report under section 2445c(f) of this title; and’’. 2022—Subsec. (b)(6)(A)(v). Pub. L. 117–263 added cl. (v). 2021—Subsec. (a). Pub. L. 116–283, § 1812(b)(1), trans- ferred subsec. (a) of section 2334 of this title to this sec- tion. Subsec. (b). Pub. L. 116–283, § 1812(b)(1), (2)(A), des- ignated second sentence of subsec. (a) as (b), inserted heading, and substituted ‘‘In carrying out the responsi- bility of the Director under subsection (a),’’ for ‘‘In car- rying out that responsibility,’’ in introductory provi- sions. Subsec. (b)(2). Pub. L. 117–81, § 1701(d)(5), in introduc- tory provisions, substituted ‘‘chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328’’ for ‘‘chapter 144’’. Pub. L. 116–283, § 1812(b)(2)(B), struck out ‘‘provide guidance to and consult with the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense (Comp- troller), the Secretaries of the military departments, and the heads of the Defense Agencies’’ before ‘‘with re- spect to cost estimation’’ and substituted ‘‘of this title, provide guidance to and consult with—’’ and subpars. (A) to (E) for ‘‘of this title;’’. Subsec. (b)(6)(A)(i). Pub. L. 116–283, § 1812(b)(2)(C)(i), substituted ‘‘section 4251 or 4252’’ for ‘‘section 2366a or 2366b’’. Subsec. (b)(6)(A)(iii). Pub. L. 116–283, § 1812(b)(2)(C)(ii), substituted ‘‘section 4376’’ for ‘‘section 2433a’’. Subsec. (b)(8). Pub. L. 116–283, § 1812(b)(2)(D), as amended by Pub. L. 117–81, § 1701(o)(6)(A)(i), substituted ‘‘section 4351(c)(1)’’ for ‘‘section 2432(c)(1)’’. Subsec. (c). Pub. L. 117–81, § 1701(c)(1), substituted ‘‘under this chapter’’ for ‘‘under this section’’. Pub. L. 116–283, § 1812(b)(3), redesignated subsec. (h) of section 2334 of this title as subsec. (c) of this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–263 applicable to contracts entered into on or after Dec. 23, 2022, see section 2806(c) of Pub. L. 117–263, set out as a note under section 2851 of this title. EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1701(c)(1), (d)(5) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken ef- fect, 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. Amendment by section 1701(o)(6)(A)(i) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 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