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10 U.S.C. § 139a — Director of Cost Assessment and Program Evaluation
Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment.—** There is a Director of Cost Assessment and Program Evaluation in the Department of Defense, appointed by the President, by and with the advice and consent of the Senate.
**(b) Independent Advice to Secretary of Defense.—**
(1) The Director of Cost Assessment and Program Evaluation is the principal advisor to the Secretary of Defense and other senior officials of the Department of Defense, and shall provide independent analysis and advice to such officials, on the following matters:
(A) Matters assigned to the Director pursuant to this section and [section 3221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221&num=0&edition=prelim).
(B) Matters assigned to the Director by the Secretary pursuant to [section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113&num=0&edition=prelim).
(2) The Director may communicate views on matters within the responsibility of the Director directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.
**(c) Deputy Directors.—** There are two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation, as follows:
(1) The Deputy Director for Cost Assessment.
(2) The Deputy Director for Program Evaluation.
**(d) Responsibilities.—** The Director of Cost Assessment and Program Evaluation shall carry out the requirements of this section in accordance with the objectives established pursuant to [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3102&num=0&edition=prelim) and shall serve as the principal official within the s
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Source location: Title 10, Chapter 4, § 139a; chapter-004-office-of-the-secretary-of-defense.md
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**(a) Appointment.—** There is a Director of Cost Assessment and Program Evaluation in the Department of Defense, appointed by the President, by and with the advice and consent of the Senate.
**(b) Independent Advice to Secretary of Defense.—**
(1) The Director of Cost Assessment and Program Evaluation is the principal advisor to the Secretary of Defense and other senior officials of the Department of Defense, and shall provide independent analysis and advice to such officials, on the following matters:
(A) Matters assigned to the Director pursuant to this section and [section 3221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221&num=0&edition=prelim).
(B) Matters assigned to the Director by the Secretary pursuant to [section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113&num=0&edition=prelim).
(2) The Director may communicate views on matters within the responsibility of the Director directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.
**(c) Deputy Directors.—** There are two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation, as follows:
(1) The Deputy Director for Cost Assessment.
(2) The Deputy Director for Program Evaluation.
**(d) Responsibilities.—** The Director of Cost Assessment and Program Evaluation shall carry out the requirements of this section in accordance with the objectives established pursuant to [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3102&num=0&edition=prelim) and shall serve as the principal official within the senior management of the Department of Defense for the following:
(1) Cost estimation and cost analysis for acquisition programs of the Department of Defense, and carrying out the duties assigned pursuant to section [section 3221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221&num=0&edition=prelim).
(2) Analysis and advice on matters relating to the planning and programming phases of the Planning, Programming, Budgeting and Execution system, and the preparation of materials and guidance for such system, as directed by the Secretary of Defense, working in coordination with the Under Secretary of Defense (Comptroller).
(3) Analysis and advice for resource discussions relating to requirements under consideration in the Joint Requirements Oversight Council pursuant to [section 181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section181&num=0&edition=prelim).
(4) Formulation of study guidance for analyses of alternatives for major defense acquisition programs and performance of such analyses, as directed by the Secretary of Defense.
(5) Review, analysis, and evaluation of programs for executing approved strategies and policies and ensuring that information on programs is presented accurately and completely.
(6) Assessments of special access and compartmented intelligence programs, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Intelligence and Security and in accordance with applicable policies.
(7) Assessments of alternative plans, programs, and policies with respect to the acquisition programs of the Department of Defense.
(8) Leading the development of improved analytical skills and competencies within the cost assessment and program evaluation workforce of the Department of Defense and improved tools, data, and methods to promote performance, economy, and efficiency in analyzing national security planning and the allocation of defense resources, including the standardization of analytical methodologies and the establishment and maintenance of a centralized knowledge repository of physical attributes or other data for modeling and simulation purposes.
(9) Performing the duties assigned to the Director in [section 2222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222&num=0&edition=prelim).
**(e) Program Evaluation Competitive Analysis Cell.—**
(1) Not later than June 1, 2024, the Secretary of Defense shall establish a team, to be known as the “Program Evaluation Competitive Analysis Cell” (referred to in this subsection as the “Cell”), to critically assess the analytical methodologies, assumptions, and data used in key strategic and operational analyses conducted by the Director of Cost Assessment and Program Evaluation.
(2) The Secretary of Defense shall—
(A) designate an individual to serve as the head of the Cell; and
(B) ensure that the Cell has a sufficient number of personnel to carry out the duties described in this subsection.
(3) The Cell shall be independent of the Director of Cost Assessment and Program Evaluation. The head of the Cell shall report directly to the Secretary of Defense or the Deputy Secretary of Defense.
(4)
(A) Not less frequently than once every two years, the Cell shall conduct an alternative operational or strategic analysis of an analytical question identified by the Chairman of the Joint Chiefs of Staff under subparagraph (B). In conducting such alternative analysis, the Cell shall use assumptions different from the assumptions used by the Director of Cost Assessment and Program Evaluation for the original analysis of such question.
(B) For purposes of each alternative analysis required under subparagraph (A), at an appropriate time before the commencement of such analysis—
(i) the Director of the Joint Staff shall submit to the Chairman of the Joint Chiefs of Staff a list of not fewer than three operational or strategic questions previously studied by the Director of Cost Assessment and Program Evaluation that could potentially serve as the basis of for such alternative analysis; and
(ii) from such list, the Chairman shall select one question to serve as the basis for such analysis.
**(f) Inclusion of Risk Estimates in Certain Submissions.—** In any case in which the Director of Cost Assessment and Program Evaluation submits to the Secretary of Defense an analytical product that recommends not meeting or changing a requirement established by the Joint Requirements Oversight Council, the Director shall include with such submission—
(1) a risk assessment that assesses any risks of the recommended course of action with respect to the execution of operational plans and the long-term ability of the armed forces to meet the needs of combatant commanders (as determined by the Secretary of Defense); and
(2) a risk estimate from the military service in question that assesses the risks described in paragraph (1).
**(g) Annual Reports.—**
(1) **In general.—** — Not later than February 1, 2024, and annually thereafter, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report on any strategic and operational analyses conducted under paragraphs (2), (3), (6), (7), or (8) of subsection (d). Each report shall include—
(A) a review of strategic portfolio reviews completed in the fiscal year preceding submission of the report and a description of such reviews planned for the fiscal year that begins after submission of the report;
(B) a review of analyses of alternatives completed in the fiscal year preceding submission of the report and a description of such analyses planned for the fiscal year that begins after submission of the report; and
(C) a review of defense program projections completed in the fiscal year preceding submission of the report and a description of such projections planned for the fiscal year that begins after submission of the report.
(2) **Form.—** — Each report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary.
(3) **Briefings.—** — Not later than 15 days after the submission of each report required by paragraph (1), the Director of Cost Assessment and Program Evaluation shall provide to the congressional defense committees a briefing on the contents of the report.
**(h) Quarterly Briefings.—** Beginning not later than 30 days after the date of the enactment of this subsection, and on a quarterly basis thereafter, the Director of Cost Assessment and Program Evaluation shall provide to the congressional defense committees a briefing on the activities carried out by the Director during the preceding quarter and any ongoing activities of the Director as of the date of briefing.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** There is a Joint Requirements Oversight Council in the Department of Defense.
**(b) Mission.—** In addition to other matters assigned to it by the President or Secretary of Defense, the Joint Requirements Oversight Council shall assist the Chairman of the Joint Chiefs of Staff in—
(1) evaluating global trends, emerging threats, and adversary capabilities to inform understanding of joint operational problems and to shape joint force design;
(2) coordinating with commanders of combatant commands to compile, refine, and prioritize joint operational problems;
(3) continuously reviewing and assessing joint military capabilities of elements of the Department of Defense listed in [section 111(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section111/b&num=0&edition=prelim) in a manner that meets applicable requirements in the national defense strategy under [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim);
(4) identifying and prioritizing gaps and opportunities in joint military capabilities, including making recommendations for changes to address such capability and capacity gaps;
(5) identifying advances in technology, innovative commercial solutions, and concepts of operation that could improve the military advantage of the joint force;
(6) recommending joint capability requirements that—
(A) describe the joint operational problem to provide necessary context for the joint capability requirement;
(B) proposes nonprescriptive solutions to joint operational problems; and
(C) ensures system interoperability, where appropriate, between and among joint military capabilities;
(7) designing the joint force in a manner t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 181
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carrying out the Secretary’s duties and responsibilities and to carry out such other duties as may be prescribed by law.
**(b)** The Office of the Secretary of Defense is composed of the following:
(1) The Deputy Secretary of Defense.
(2) Repealed. Pub. L. 116–283, div. A, title IX, § 901(a)(2)(A), Jan. 1, 2021, 134 Stat. 3794.]
(3) The Under Secretaries of Defense, as follows:
(A) The Under Secretary of Defense for Research and Engineering.
(B) The Under Secretary of Defense for Acquisition and Sustainment.
(C) The Under Secretary of Defense for Policy.
(D) The Under Secretary of Defense (Comptroller).
(E) The Under Secretary of Defense for Personnel and Readiness.
(F) The Under Secretary of Defense for Intelligence and Security.
(4) Other officers who are appointed by the President, by and with the advice and consent of the Senate, and who report directly to the Secretary and Deputy Secretary without intervening authority, as follows:
(A) The Director of Cost Assessment and Program Evaluation.
(B) The Director of Operational Test and Evaluation.
(C) The General Counsel of the Department of Defense.
(D) The Inspector General of the Department of Defense.
(5) The Chief Information Officer of the Department of Defense, who reports directly to the Secretary and Deputy Secretary without intervening authority.
(6) The Deputy Under Secretaries of Defense.
(7) The Assistant Secretaries of Defense.
(8) Other officials provided for by law, as follows:
(A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under [section 139a(c) of this t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 131
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added § 139e and renumbered § 139c, Pub. L. 111–383, div. A, title VII, § 896(a), title IX, § 901(f), Jan. 7, 2011, 124 Stat. 4314, 4322; amended Pub. L. 112–81, div. A, title VIII, § 855, Dec. 31, 2011, 125 Stat. 1521; Pub. L. 112–239, div. A, title IX, § 901(a), (b), title X, § 1076(a)(13), (b)(3), Jan. 2, 2013, 126 Stat. 1863, 1864, 1948, 1949; Pub. L. 114–328, div. A, title X, § 1081(b)(4)(A), Dec. 23, 2016, 130 Stat. 2419, related to Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy.
A prior section 139c was renumbered [section 139a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section139a&num=0&edition=prelim).
Another prior section 139c was renumbered [section 2434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2434&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 139c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Business Processes Generally.—** The Secretary of Defense shall ensure that defense business processes are reviewed, and as appropriate revised, through business process reengineering to match best commercial practices, to the maximum extent practicable, so as to minimize customization of commercial business systems.
**(b) Defense Business Systems Generally.—** The Secretary of Defense shall ensure that each covered defense business system developed, deployed, and operated by the Department of Defense—
(1) supports efficient business processes that have been reviewed, and as appropriate revised, through business process reengineering;
(2) is integrated into a comprehensive defense business enterprise architecture;
(3) is managed in a manner that provides visibility into, and traceability of, expenditures for the system; and
(4) uses an acquisition and sustainment strategy that prioritizes the use of commercial software and business practices.
**(c) Issuance of Guidance.—**
(1) **Secretary of defense guidance.—** — The Secretary shall issue guidance to provide for the coordination of, and decision making for, the planning, programming, and control of investments in covered defense business systems.
(2) **Supporting guidance.—** — The Secretary shall direct the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Chief Information Officer of each of the military departments to issue and maintain supporting guidance, as appropriate and within their respective areas of responsibility, for the guidance of the Secretary issued under paragraph (1).
**(d) Guidance Elements.—** The guidance issued under subsection (c) shall include the following elements:
(1) Policy to ensure that
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2222
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense shall submit to Congress each year, not later than five days after the date on which the President’s budget is submitted to Congress that year under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.
**(b)**
(1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a).
(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) in the budget submitted to Congress under that section for any fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 221
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section:
(1) The term “program acquisition unit cost”, with respect to a major defense acquisition program, means the amount equal to (A) the total cost for development and procurement of, and system-specific military construction for, the acquisition program, divided by (B) the number of fully-configured end items to be produced for the acquisition program.
(2) The term “procurement unit cost”, with respect to a major defense acquisition program, means the amount equal to (A) the total of all funds programmed to be available for obligation for procurement for the program, divided by (B) the number of fully-configured end items to be procured.
(3) The term “major contract”, with respect to a major defense acquisition program, means each of the six largest prime, associate, or Government-furnished equipment contracts under the program that is in excess of $40,000,000 and that is not a firm, fixed price contract.
(4) The term “full life-cycle cost”, with respect to a major defense acquisition program, means all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control.
**(b)**
(1) The Secretary of Defense shall submit to Congress at the end of each fiscal-year quarter a report on current major defense acquisition programs and any program that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars) or an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,800,000,000 (based on fiscal year 1990 constant dollars). Except as provided in paragraphs (2) and (3), each such report s
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4351
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Director of Cost Assessment and Program Evaluation shall ensure that the cost estimation and cost analysis processes of the Department of Defense provide accurate information and realistic estimates of cost for the acquisition programs of the Department of Defense.
**(b) Functions.—** In carrying out the responsibility of the Director under subsection (a), the Director shall—
(1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of cost estimation and cost analysis for the acquisition programs of the Department of Defense;
(2) with respect to cost estimation in the Department of Defense in general and with respect to specific cost estimates and cost analyses to be conducted in connection with a major defense acquisition program or major subprogram under chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328 of this title, provide guidance to and consult with—
(A) the Secretary of Defense;
(B) the Under Secretary of Defense for Acquisition and Sustainment;
(C) the Under Secretary of Defense (Comptroller);
(D) the Secretaries of the military departments; and
(E) the heads of the Defense Agencies;
(3) issue guidance relating to the proper discussion of risk in cost estimates generally, and specifically, for the proper discussion of risk in cost estimates for major defense acquisition programs and major subprograms;
(4) issue guidance relating to full consideration of life-cycle management and sustainability costs in major defense acquisition programs and major subprograms;
(5) review all cost estimates and cost analyses conducted in connection with major defense acquisition programs and major subprograms;
(6) conduct or appro
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3221
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall ensure that the defense acquisition system expeditiously provides the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to sustain the military advantage of the United States in the most cost-effective manner practicable.
**(b) Guidance.—** The Secretary of Defense shall issue guidance to carry out subsection (a) and shall ensure that the defense acquisition system prioritizes the needs of end users and is validated by direct engagement, experimentation, and iteration. Such guidance shall require the following:
(1) All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense.
(2) A leadership culture and organizational structure that empowers individuals in the management of the defense acquisition system and encourages appropriate delegation authority, collaboration, and mission-focused risk-taking.
(3) Sufficient numbers of members of the acquisition workforce to support the defense acquisition system, and that such members are properly trained and assigned.
(4) Resource decisions for the defense acquisition system to prioritize best value and seek to balance life-cycle costs, schedule, performance, and quantity through continuous trade-off analysis informed by prototyping and direct feedback from end users.
(5) Adoption and integration in the defense acquisition system of advanced approaches in digital engineering, model-based engineering, and simulation environments to enable rapid, iterative designs and technology insertion to maximize mission outcomes.
(6) Active pursuit of innovative solutions to enhance
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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