Sec. 1812. Independent cost estimation and cost analysis
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Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), is amended by inserting after chapter 221, as added by the preceding section, the following new chapter: 3221. Director of Cost Assessment and Program Evaluation. 3222. Independent cost estimate required before approval. 3223. Director: review of cost estimates, cost analyses, and records of the military departments and Defense Agencies. 3224.
Director: participation, concurrence, and approval in cost estimation. 3225. Discussion of risk in cost estimates. 3226. Estimates for program baseline and analyses and targets for contract negotiation purposes. 3227. Guidelines and collection method for acquisition of cost data. . Subsection
(a)of section 2334 of title 10, United States Code, is transferred to section 3221 of such title, as added by subsection (a), inserted after the section heading, and amended by designating the second sentence as subsection (b). Subsection
(b)of such section 3221, as designated by paragraph (1), is amended— by striking In carrying out that responsibility, and inserting ; Functions.— In carrying out the responsibility of the Director under subsection (a), in paragraph (2)— by striking provide guidance and all that follows through Defense Agencies ; and by striking of this title; and inserting of this title, provide guidance to and consult with— the Secretary of Defense; the Under Secretary of Defense for Acquisition and Sustainment; the Under Secretary of Defense (Comptroller); the Secretaries of the military departments; and the heads of the Defense Agencies; ; in paragraph (6)(A)— in clause (i), by striking section 2366a or 2366b and inserting section 4251 or 4252 ; and in clause (iii), by striking section 2433a and inserting section 4376 ; and in paragraph (8), by striking section 2432(c)(1) and inserting section 4353(a) . Subsection
(h)of section 2334 of title 10, United States Code, is transferred to such section 3221, inserted after subsection (b), as designated by paragraph (2), and redesignated as subsection (c). Subsection
(b)of section 2334 of title 10, United States Code, is transferred to section 3222 of such title, as added by subsection (a), inserted after the section heading, and redesignated as subsection (a). Such section 3222 is amended— by striking and inserting Independent cost estimate required before approval. —(1) A milestone ; Requirement. — A milestone by redesignating paragraph
(2)as subsection (b); in subsection (b), as so redesignated— by inserting before Regulations.— The regulations ; and by striking subsection
(a)and inserting section 3221 of this title ; and in subsections
(a)and (b), as so redesignated, by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively. Subsection
(c)of section 2334 of title 10, United States Code, is transferred to section 3223 of such title, as added by subsection (a), inserted after the section heading, and amended by striking the subsection designation and subsection heading. Subsection
(d)of section 2334 of title 10, United States Code, is transferred to section 3224 of such title, as added by subsection (a), and inserted after the section heading. Such section 3224 is amended— by striking the subsection designation and subsection heading; and in paragraph (3), by striking subsection (a)(6) and inserting section 3221(b)(6) of this title . Subsection
(e)of section 2334 of title 10, United States Code, is transferred to section 3225 of such title, as added by subsection (a), and inserted after the section heading. Such section 3225 is amended— by striking the subsection designation and subsection heading; in paragraph (3)(A), by striking subsection (a)(6) and inserting section 3221(b)(6) of this title ; and in paragraph (3)(B), by striking section 2432 and inserting sections 4351 through 4358 . Subsection
(f)of section 2334 of title 10, United States Code, is transferred to section 3226 of such title, as added by subsection (a), inserted after the section heading, and redesignated as subsection (a). Such section 3226 is amended— by striking and all that follows through Estimates for
(1)The policies, and inserting ; Cost estimates developed for specified purposes not to be used for contract negotiations or obligation of funds.— The policies, in subsection (a), as so redesignated— by striking subsection
(a)and inserting section 3221 of this title ; and by striking subsection (a)(6) and inserting subsection (b)(6) of such section ; by redesignating paragraph
(2)as subsection
(b)and inserting before Cost estimates developed for specified purposes not to be used for contract negotiations or obligation of funds.— The Under ; by redesignating paragraph
(3)as subsection
(c)and in that subsection— by striking the first three words and inserting ; and Program manager and contracting officer.— The program manager by striking paragraph
(1)and paragraph
(2)and inserting subsection
(a)and subsection
(b), respectively; and by redesignating paragraph
(4)as subsection
(d)and in that subsection— by striking Funds that are and inserting Availability of excess funds.— Funds that are ; in paragraph (1), as designated by clause (i), by striking subsection (a)(6) and paragraph
(2)and inserting section 3221(b)(6) of this title and subsection
(b), respectively; by redesignating paragraph
(5)as paragraph
(2)and moving that paragraph two ems to the right; and in paragraph (2), as so redesignated— in the matter preceding subparagraph (A), by striking paragraph
(4)and inserting paragraph
(1); in subparagraph (A)(i), by striking paragraph
(2)and inserting subsection
(b); and in subparagraph (A)(ii), by striking section 2308 and inserting section 3069 . Subsection
(g)of section 2334 of title 10, United States Code, is transferred to section 3227 of such title, as added by subsection (a), inserted after the section heading, and redesignated as subsection (a). Section 3227, as amended by paragraph (1), is further amended— by striking Guidelines and and all that follows through
(1)The Director of and inserting ; Director of cape to develop guidelines and collection method. —The Director of by redesignating paragraph
(2)as subsection
(b)and in that subsection— by inserting before Applicability to acquisition programs in amount greater than specified threshold.— The program manager ; and by striking paragraph
(1)and inserting subsection
(a); and by redesignating paragraph
(3)as subsection
(c)and in that subsection— by inserting before Limitation on waiver authority.— The requirement ; and by striking paragraph
(1)and inserting subsection
(a).
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Sec. 1812
Independent cost estimation and cost analysis
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