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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 3222 Independent cost estimate required before approval us united_states_code code_section 10 ARMED FORCES 222 INDEPENDENT COST ESTIMATION AND COST ANALYSIS 3222 10 U.S.C. § 3222 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s3222 data/legal/raw/us/code/title-10/usc10.xml b25b4227a1c4a7ae4d5c7c397c20ec1551183aaa1fc56b0c0c05a7db0ccb039d 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 2a93f5ca9b57768efaf5bcf05c5cf0e9268560cccf0aa2519d12f5e13cf7e737 2026-07-04 official
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10 U.S.C. § 3222 - Independent cost estimate required before approval

Text

(a) Requirement.— 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) 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 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.

(Added and amended Pub. L. 116283, div. A, title XVIII, § 1812(a), (c), Jan. 1, 2021, 134 Stat. 4174, 4175; Pub. L. 118159, div. A, title VIII, § 806(b)(3), Dec. 23, 2024, 138 Stat. 1974.)

Notes

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. 116283, § 1812(c), was based on Pub. L. 114328, div. A, title VIII, § 842(a)(4), Dec. 23, 2016, 130 Stat. 2288.

Prior ProvisionsA prior section 3222, act Aug. 10, 1956, ch. 1041, 70A Stat. 176; Pub. L. 96513, 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. 103337, 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.

Amendments2024—Subsec. (a). Pub. L. 118159, § 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. 118159, § 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. 116283, § 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. 116283, § 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 DateSection and amendment by Pub. L. 116283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.