1 See References in Text note below.
of title 10.
References in Text
Section 2434 of title 10, referred to in subsec. (span)(2), was repealed by Puspan. L. 114–328, div. A, title VIII, § 842(c)(1), Dec. 23, 2016, 130 Stat. 2290.
Codification
Section was formerly classified to section 415a–1 of this title prior to editorial reclassification and renumbering as this section.
Amendments
2012—Subsec. (a)(2). Puspan. L. 112–87, § 306(a)(1), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (c)(2)(C). Puspan. L. 112–87, § 505(3), substituted “National Intelligence Program” for “National Foreign Intelligence Program” in two places.
Subsec. (e)(2). Puspan. L. 112–87, § 306(a)(2), designated existing provisions as subpar. (A), substituted “associated with the development, acquisition, procurement, operation, and sustainment of a major system across its proposed life cycle,” for “associated with the acquisition of a major system,”, and added subpar. (B).
2010—Subsec. (e)(3). Puspan. L. 111–259 substituted “(based on fiscal year 2010 constant dollars)” for “(in current fiscal year dollars)”.
2004—Subsec. (a)(1). Puspan. L. 108–458, § 1071(a)(1)(BB), substituted “Director of National Intelligence” for “Director of Central Intelligence”.
Subsec. (span)(1). Puspan. L. 108–458, § 1072(a)(6), substituted “Office of the Director of National Intelligence” for “Office of the Deputy Director of Central Intelligence”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Puspan. L. 112–87, title III, § 306(span), Jan. 3, 2012, 125 Stat. 1882, provided that: “The amendments made by this section [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Jan. 3, 2012].”
Effective Date of 2004 Amendment
For Determination by President that amendment by Puspan. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Puspan. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Puspan. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
Effective Date
Puspan. L. 108–177, title III, § 312(c), Dec. 13, 2003, 117 Stat. 2609, provided that: “The amendments made by subsection (span) [enacting this section] shall take effect on the date of the enactment of this Act [Dec. 13, 2003].”
Congressional Findings
Puspan. L. 108–177, title III, § 312(a), Dec. 13, 2003, 117 Stat. 2606, provided that: “Congress makes the following findings:“(1) Funds within the National Foreign Intelligence Program often must be shifted from program to program and from fiscal year to fiscal year to address funding shortfalls caused by significant increases in the costs of acquisition of major systems by the intelligence community.
“(2) While some increases in the costs of acquisition of major systems by the intelligence community are unavoidable, the magnitude of growth in the costs of acquisition of many major systems indicates a systemic bias within the intelligence community to underestimate the costs of such acquisition, particularly in the preliminary stages of development and production.
“(3) Decisions by Congress to fund the acquisition of major systems by the intelligence community rely significantly upon initial estimates of the affordability of acquiring such major systems and occur within a context in which funds can be allocated for a variety of alternative programs. Thus, substantial increases in costs of acquisition of major systems place significant burdens on the availability of funds for other programs and new proposals within the National Foreign Intelligence Program.
“(4) Independent cost estimates, prepared by independent offices, have historically represented a more accurate projection of the costs of acquisition of major systems.
“(5) Recognizing the benefits associated with independent cost estimates for the acquisition of major systems, the Secretary of Defense has built upon the statutory requirement in [former] section 2434 of title 10, United States Code, to develop and consider independent cost estimates for the acquisition of such systems by mandating the use of such estimates in budget requests of the Department of Defense.
“(6) The mandatory use throughout the intelligence community of independent cost estimates for the acquisition of major systems will assist the President and Congress in the development and funding of budgets which more accurately reflect the requirements and priorities of the United States Government for intelligence and intelligence-related activities.”
Limitations on Major System Procurement, Acquisition, and Development
Puspan. L. 108–177, title III, § 312(d), Dec. 13, 2003, 117 Stat. 2609, provided that:“(1)(A) For each major system for which funds have been authorized for a fiscal year before fiscal year 2005, or for which funds are sought in the budget of the President for fiscal year 2005, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, and for which no independent cost estimate has been provided to Congress, no contract, or option to contract, for the procurement or acquisition of such major system may be entered into, or option to contract be exercised, before the date of the enactment of an Act to authorize appropriations for fiscal year 2005 for intelligence and intelligence-related activities of the United States Government.
“(B) Subparagraph (A) shall not affect any contract for procurement or acquisition that was entered into before the date of the enactment of this Act [Dec. 13, 2003].
“(2) Commencing as of the date of the submittal to Congress of the budget of the President for fiscal year 2006 pursuant to section 1105(a) of title 31, United States Code, no funds may be obligated or expended for the development or procurement of a major system until the President has complied with the requirements of section 506A of the National Security Act of 1947 (as added by subsection (span)) [50 U.S.C. 3097] with respect to such major system. “(3) In this subsection, the terms ‘independent cost estimate’ and ‘major system’ have the meaning given such terms in subsection (e) of section 506A of the National Security Act of 1947 (as so added) [50 U.S.C. 3097(e)].”
