(a)
(b)
(1) An independent cost estimate for the remainder of the life cycle of the program.
(2) A comparison of actual costs to the amount of funds budgeted and appropriated in the previous five years, and if funding shortfalls exist, an explanation of the implications on equipment availability.
(3) A comparison between the assumed and achieved system reliabilities.
(4) An analysis of the most cost-effective source of repairs and maintenance.
(5) An evaluation of the cost of consumables and depot-level repairables.
(6) An evaluation of the costs of information technology, networks, computer hardware, and software maintenance and upgrades.
(7) As applicable, an assessment of the actual fuel efficiencies compared to the projected fuel efficiencies as demonstrated in tests or operations.
(8) As applicable, a comparison of actual manpower requirements to previous estimates.
(9) An analysis of whether accurate and complete data are being reported in the cost systems of the military department concerned, and if deficiencies exist, a plan to update the data and ensure accurate and complete data are submitted in the future.
(10) As applicable, information regarding any decision to restructure the life cycle sustainment plan for a covered system or any other action that will lead to critical operating and support cost growth.
(c)
(d)
(2) Each submission under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(3) For a covered system with critical operating and support cost growth, such submission shall include a remediation plan to reduce operating and support costs or a certification by the Secretary concerned that such critical operating and support cost growth is necessary to meet national security requirements.
(e)
(1)
(2)
(A) of at least 25 percent more than the estimate documented in the most recent independent cost estimate for the covered system; or
(B) of at least 50 percent more than the estimate documented in the original Baseline Estimate (as defined in section 4214(d) of this title) for the covered system.
Editorial Notes
Amendments
2021—Pub. L. 116–283, §1848(c), renumbered section 2441 of this title as this section.
Subsec. (a). Pub. L. 116–283, §802(c)(1), in first sentence, substituted "covered system" for "major weapon system", ", and every five years thereafter throughout the life cycle of the covered system," for "and throughout the life cycle of the weapon system", and "costs of the covered system" for "costs of the weapon system" and struck out second sentence which read as follows: "For any review after the first one, the Secretary concerned shall use availability and reliability thresholds and cost estimates as the basis for the circumstances that prompt such a review."
Subsec. (b). Pub. L. 116–283, §802(c)(2)(A), inserted "assess execution of the life cycle sustainment plan of the covered system and" before "include the following elements:" in introductory provisions.
Subsec. (b)(10). Pub. L. 116–283, §802(c)(2)(B), added par. (10).
Subsec. (c). Pub. L. 116–283, §1848(c), substituted "sections 4324 and 4325" for "sections 2337 and 2337a".
Subsec. (d). Pub. L. 116–283, §802(c)(3), added subsec. (d).
Subsec. (e). Pub. L. 116–283, §802(c)(3), added subsec. (e).
Subsec. (e)(1). Pub. L. 116–283, §1883(b)(2), substituted "section 4324" for "section 2337".
Subsec. (e)(2)(B). Pub. L. 116–283, §1883(b)(2), substituted "section 4214(d)" for "section 2435(d)".
2017—Subsec. (a). Pub. L. 115–91, §816, inserted at end "The Secretary concerned shall make the memorandum and supporting documentation for each sustainment review available to the Under Secretary of Defense for Acquisition and Sustainment within 30 days after the review is completed."
Subsec. (c). Pub. L. 115–91, §836(b)(2), substituted "sections 2337 and 2337a of this title" for "section 2337 of this title and section 832 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2430 note)".
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by sections 1848(c) and 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.