Page:United States Statutes at Large Volume 123.djvu/1727

 123STA T . 1 70 7 PUBLIC LA W 111 – 23 —M A Y 22, 200 9underchapt er 14 4 of th is tit l eora m a j or automated information s y stem pro g ram under chapter 144 A of this title ‘ (3) issue guidance relating to the proper selection of con - fidence le v els in cost estimates generally , and specifically, for the proper selection of confidence levels in cost estimates for major defense ac q uisition programs and major automated information system programs; ‘‘(4) issue guidance relating to full consideration of life- cycle management and sustaina b ility costs in major defense acquisition programs and major automated information system programs; ‘‘( 5 ) revie w all cost estimates and cost analyses conducted in connection with major defense acquisition programs and major automated information system programs; ‘‘( 6 ) conduct independent cost estimates and cost analyses for major defense acquisition programs and major automated information system programs for which the U nder S ecretary of D efense for Acquisition, T echnology, and L ogistics is the M ilestone Decision Authority — ‘‘(A) in advance of— ‘‘(i) any certification under section 2 366a or 2366b of this title; ‘‘(ii) any decision to enter into low-rate initial production or full-rate production; ‘‘(iii) any certification under section 2433a of this title; and ‘‘(iv) any report under section 2445c(f) of this title; and ‘‘( B ) at any other time considered appropriate by the Director or upon the request of the Under Secretary of Defense for Acquisition, Technology, and Logistics; and ‘‘( 7 ) periodically assess and update the cost inde x es used by the Department to ensure that such indexes have a sound basis and meet the Department ’ s needs for realistic cost esti- mation . ‘‘(b) REVI E WOFC O STE STI MA TES, COST A N A LY SES, AN D RE C O R DS OFT H E MILITARY DE P ARTMENTS AND DEFENSE A G ENCIES.—The Sec- retary of Defense shall ensure that the Director of Cost Assessment and P rogram Evaluation— ‘‘(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 departments and Defense Agencies in connection with such cost estimates and cost analyses, for major defense acquisition programs and major automated information system programs 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 classi- fied and proprietary information) that the Director considers necessary to review in order to carry out any duties under this section. ‘‘(c) PARTICIPATION, CONC U RRENCE, AND APPROVAL IN COST ESTIMATION.—The Director of Cost Assessment and Program Evaluation may— ‘‘(1) participate in the discussion of any discrepancies between an independent cost estimate and the cost estimate As s e ss m e nt s .