Page:United States Statutes at Large Volume 97.djvu/714

 97 STAT. 682 PUBLIC LAW 98-94—SEPT. 24, 1983 Fundi ng restriction. 10 USC 2401 note. request. Such report shall also include an estimate of the funding level and the source of funding for each such lease, charter, service contract, or conditional sale. (d) Funds available to the Department of Defense may not be used to enter into any contract during fiscal year 1984 under section 2401 of title 10, United States C!ode, as added by subsection (a), the term of which is for 3 years or more, inclusive of any option for contract extension or renewal, for any vessels, aircraft, or vehicles, through a lease, charter, or similar agreement, that imposes an estimated termination liability (excluding the estimated value of the leased item at the time of termination) on the United States exceeding 50 percent of the original purchase value of the vessel, aircraft, or vehicle involved for which the Congress has not specifically provided budget authority for the obligation of 10 percent of such termination liability. (e) Nothing in this section shall impede or affect the ability of the Secretary of the Navy to proceed to acquire the use of thirteen T-AKX class Maritime Prepositioning Ships and the use of five new T-5 class tankers in accordance with the long-term charter arrange- ments negotiated by the Navy before the date of the enactment of this Act. INDEPENDENT COST ESTIMATES OF MAJOR DEFENSE ACQUISITION PROGRAMS SEC. 1203. (a)(1) Chapter 4 of title 10, United States Code, is amended by inserting after section 139b the following new section: 10 USC 139c. ' '§ 139c. Major defense acquisition programs: independent cost estimates. "(a) The Secretary of Defense may not approve the full-scale engineering development or the production and deployment of a major defense acquisition program unless an independent estimate of the cost of the program first has been submitted to (and consid- ered by) the Secretary of Defense. "(b) In this section: "(1) 'Major defense acquisition program' has the same mean- ing as provided in section 139a(a)(l) of this title. "(2) 'Independent estimate' means, with respect to a major defense acquisition program, an estimate of the cost of such program prepared by an office or other entity that is not under the supervision, direction, or control of the military depart- ment, defense agency, or other component of the Department of Defense that is directly responsible for carrying out the develop- ment or acquisition of the program. "Cost of the "(3) 'Cost of the program' means, with respect to a major program." defense acquisition program, all elements of the life-cycle costs of the program, including— "(A) the cost of all research and development efforts, without regard to the funding source or management control; "(B) the cost of the prime hardware and its major subcom- ponents, support costs (including training, peculiar support, and data), initial spares, military construction costs, and the cost of all related procurements (including, where appli- cable, modifications to existing aircraft or ship platforms), 10 USC 139a. "I ndependent estimate."

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