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10 U.S.C. § 3221 — Director of Cost Assessment and Program Evaluation
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
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Source location: Title 10, Chapter 222, § 3221; chapter-222-independent-cost-estimation-and-cost-analysis.md
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**(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 approve independent cost estimates and cost analyses for all major defense acquisition programs and major subprograms—
(A) in advance of—
(i) any decision to grant milestone approval pursuant to [section 4252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4252&num=0&edition=prelim);
(ii) any decision to enter into low-rate initial production or full-rate production;
(iii) any certification under [section 4376 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4376&num=0&edition=prelim); and
(iv) any decision to enter into a contract in connection with a military construction project of a value greater than $500,000,000; and
(B) at any other time considered appropriate by the Director, upon the request of the Under Secretary of Defense for Acquisition and Sustainment, or upon the request of the milestone decision authority;
(7) periodically assess and update the cost indexes used by the Department to ensure that such indexes have a sound basis and meet the Department’s needs for realistic cost estimation; and
(8) annually review the cost and associated information required to be included, by [section 4351(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351/c/1&num=0&edition=prelim), in the Selected Acquisition Reports required by that section.
**(c) Staff.—** The Secretary of Defense shall ensure that the Director of Cost Assessment and Program Evaluation has sufficient professional staff of military and civilian personnel to enable the Director to carry out the duties and responsibilities of the Director under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Supervision of Military Department Projects.—** Each contract entered into by the United States in connection with a military construction project or a military family housing project shall be carried out under the direction and supervision of a Secretary of a military department or Government agency (as approved by the Secretary of Defense) to assure the most efficient, expeditious, and cost-effective completion of the project.
**(b) Supervision of Defense Agency Projects.—** A military construction project for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense shall be accomplished by or through a military department designated by the Secretary of Defense.
**(c) Maintenance of Military Construction Information on Internet; Access.—**
(1) The Secretary of Defense shall maintain an Internet site that will permit a person to access and view on a separate page of the Internet site a document or other file containing the information required by paragraph (2) for the following:
(A) Each military construction project or military family housing project that has been specifically authorized by Act of Congress.
(B) Each project carried out with funds authorized for the operation and maintenance of military family housing.
(C) Each project carried out with funds authorized for the improvement of military family housing units.
(D) Each unspecified minor construction project carried out under the authority of [section 2805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/a&num=0&edition=prelim).
(E) Each military department project with a total cost in excess of $15,000,000 for Facilities Susta
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2851
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reassessment of Program.—** If the program acquisition unit cost or procurement unit cost of a major defense acquisition program or designated subprogram (as determined by the Secretary under [section 4374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4374&num=0&edition=prelim)) increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, the Secretary of Defense shall—
(1) determine the root cause or causes of the critical cost growth in accordance with applicable statutory requirements and Department of Defense policies, procedures, and guidance; and
(2) in consultation with the Director of Cost Assessment and Program Evaluation, carry out an assessment of—
(A) the projected cost of completing the program if current requirements are not modified;
(B) the projected cost of completing the program based on reasonable modification of such requirements;
(C) the rough order of magnitude of the costs of any reasonable alternative system or capability; and
(D) the need to reduce funding for other programs due to the growth in cost of the program.
**(b) Presumption of Termination.—**
(1) **Termination unless secretary submits certification and report.—** — After conducting the reassessment required by subsection (a) with respect to a major defense acquisition program, the Secretary shall terminate the program unless the Secretary submits to Congress, before the end of the 60-day period beginning on the day the Selected Acquisition Report containing the information described in section 4375(d) and (e) of this title is required to be submitted under [section 4351(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section43
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4376
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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)** Whenever the authorized strength of a reserve component (other than the Coast Guard Reserve) is not prescribed by law, it shall be prescribed by the President.
**(b)** Subject to the authorized strength of the reserve component concerned, the authorized strength of each reserve component (other than the Coast Guard Reserve) in members in each grade is that which the Secretary concerned determines to be necessary to provide for mobilization requirements. The Secretary shall review these determinations at least once each year and revise them if he considers it necessary. However, a member of the reserve component concerned may not, as a result of such a determination, be reduced in the member’s reserve grade without the member’s consent.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibilities.—** Before granting Milestone B approval for a major defense acquisition program or major subprogram, the milestone decision authority for the program or subprogram shall ensure that—
(1) information about the program or subprogram is sufficient to warrant entry of the program or subprogram into the engineering and manufacturing development phase;
(2) appropriate trade-offs among cost, schedule, technical feasibility, and performance objectives have been made to ensure that the program or subprogram is affordable when considering the per-unit cost and the total life-cycle cost, and the Secretary of the military department concerned and the Chief of the armed force concerned concur with these trade-offs; and
(3) there are sound plans for progression of the program or subprogram to the production phase.
**(b) Factors to Be Considered for Milestone B Approval.—** A major defense acquisition program or major subprogram may not receive Milestone B approval until the milestone decision authority confirms the following factors were considered in the decision to grant Milestone B approval:
(1) The program or subprogram has received a preliminary design review and a formal post-preliminary design review or an equivalent assessment was conducted.
(2) The technology in the program or subprogram has been demonstrated in a relevant environment.
(3) The program or subprogram is affordable when considering the ability of the Department of Defense to accomplish the program’s or subprogram’s general mission using alternative systems.
(4) Reasonable lifecycle cost and schedule estimates have been developed to execute, with the concurrence of the Director of Cost Assessment and Program Evaluation, the plan under the program or subprogram.
(5) The estimated
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4252
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 139a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** A milestone decision authority may not approve entering the engineering and manufacturing development phase, or production and deployment phase, of a major defense acquisition program or major subprogram unless an independent cost estimate has been conducted or approved by the Director of Cost Assessment and Program Evaluation and considered by the milestone decision authority that includes a cost estimate of the full life-cycle cost of the program or subprogram.
**(b) Regulations.—** The regulations governing the content and submission of independent cost estimates required by [section 3221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221&num=0&edition=prelim) shall require that the independent cost estimate of the full life-cycle cost of a program or subprogram include—
(1) all costs of development, procurement, military construction, operations and support, and trained manpower to operate, maintain, and support the program or subprogram upon full operational deployment, without regard to funding source or management control; and
(2) an analysis to support decisionmaking that identifies and evaluates alternative courses of action that may reduce cost and risk, and result in more affordable programs and less costly systems.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3222
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cost Estimates Developed for Specified Purposes Not to Be Used for Contract Negotiations or Obligation of Funds.—** The policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation in accordance with the requirements of [section 3221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221&num=0&edition=prelim) shall provide that cost estimates developed for baseline descriptions and other program purposes conducted pursuant to subsection (b)(6) of such section are not to be used for the purpose of contract negotiations or the obligation of funds.
**(b) Cost Estimates Developed for Specified Purposes Not to Be Used for Contract Negotiations or Obligation of Funds.—** The Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Director of Cost Assessment and Program Evaluation, develop policies, procedures, and guidance to ensure that cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are based on the Government’s reasonable expectation of successful contractor performance in accordance with the contractor’s proposal and previous experience.
**(c) Program Manager and Contracting Officer.—** The program manager and contracting officer for each major defense acquisition program and major subprogram shall ensure that cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are carried out in accordance with the requirements of subsection (a) and the policies, procedures, and guidance issued by the Under Secretary of Defense for Acquisition and Sustainment under subsection (b).
**(d) Availability of Excess Funds.—**
(1) Funds that are made available for
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3226
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Federal law — U.S. Code and appendices · legal_authorities
Page 2433
TITLE 10—ARMED FORCES
§ 3221
1 Editorially supplied.
States, prior to repeal by Pub. L. 103–337, div. A, title
XVI, §§ 1662(a)(3), 1691, Oct. 5, 1994, 108 Stat. 2988, 3026,
effective Dec. 1, 1994. See section 12009 of this title.
Prior sections 3213 and 3214 were repealed by Pub. L.
96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat.
2878, 2955, effective Sept. 15, 1981.
Section 3213, act Aug. 10, 1956, ch. 1041, 70A Stat. 176,
prescribed authorized strength of Regular Army in war-
rant officers on active list.
Section 3214, acts Aug. 10, 1956, ch. 1041, 70A Stat. 176;
Sept. 2, 1958, Pub. L. 85–861, § 1(64), 72 Stat. 1463, pre-
scribed authorized strength of Regular Army in en-
listed members on active duty, exclusive of officer can-
didates.
A prior section 3215, acts Aug. 10, 1956, ch. 1041, 70A
Stat. 176; Nov. 8, 1967, Pub. L. 90–130, § 1(9)(H), 81 Stat.
375, authorized strength of Women’s Army Corps of
Regular Army in warrant officers on active list and in
enlisted members on active duty to be prescribed by
Secretary, prior to repeal by Pub. L. 95–485, title VIII,
§ 820(c)(3), Oct. 20, 1978, 92 Stat. 1627.
A prior section 3216, act Aug. 10, 1956, ch. 1041, 70A
Stat. 176, prescribed authorized strength of Corps of En-
gineers in enlisted members on active duty, prior to re-
peal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec.
12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981.
Prior sections 3217 to 3220 were repealed by Pub. L.
103–337, div. A, title XVI, §§ 1662(a)(3), 1691, Oct. 5, 1994,
108 Stat. 2988, 3026, effective Dec. 1, 1994.
Section 3217, added Pub. L. 85–861, § 1(69)(A), Sept. 2,
1958, 72 Stat. 1463, related to authorized strength of
Army in reserve commissioned officers in active status.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3221
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.