10 U.S.C. § 139a — Director of Cost Assessment and Program Evaluation
submitted 17 years ago by Pub. L. 111-23 to r/title-10-ARMED-FORCES · 1,256 words · no verdicts yet
This law creates a Director of Cost Assessment and Program Evaluation in the Department of Defense. The Director gives independent advice to the Secretary of Defense on costs, program reviews, and resource planning, and leads a separate team that double-checks the Director's own analyses. The Director must brief Congress regularly.
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.
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:
Matters assigned to the Director pursuant to this section and section 3221 of this title.
Matters assigned to the Director by the Secretary pursuant to section 113 of this title.
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.
There are two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation, as follows:
The Deputy Director for Cost Assessment.
The Deputy Director for Program Evaluation.
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 and shall serve as the principal official within the senior management of the Department of Defense for the following:
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.
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).
Analysis and advice for resource discussions relating to requirements under consideration in the Joint Requirements Oversight Council pursuant to section 181 of this title.
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.
Review, analysis, and evaluation of programs for executing approved strategies and policies and ensuring that information on programs is presented accurately and completely.
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.
Assessments of alternative plans, programs, and policies with respect to the acquisition programs of the Department of Defense.
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.
Performing the duties assigned to the Director in section 2222 of this title.
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.
The Secretary of Defense shall—
designate an individual to serve as the head of the Cell; and
ensure that the Cell has a sufficient number of personnel to carry out the duties described in this subsection.
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.
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.
For purposes of each alternative analysis required under subparagraph (A), at an appropriate time before the commencement of such analysis—
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
from such list, the Chairman shall select one question to serve as the basis for such analysis.
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—
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
a risk estimate from the military service in question that assesses the risks described in paragraph (1).
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 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;
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
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.
Each report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary.
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.
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.
Source credit: (Added Pub. L. 111–23, title I, § 101(a)(1), May 22, 2009, 123 Stat. 1705, § 139c; renumbered § 139a and amended Pub. L. 111–383, div. A, title IX, § 901(f), title X, § 1075(b)(5), Jan. 7, 2011, 124 Stat. 4322, 4369; Pub. L. 112–239, div. A, title X, § 1076(f)(4), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 115–91, div. A, title IX, § 912(c), Dec. 12, 2017, 131 Stat. 1521; Pub. L. 116–92, div. A, title IX, § 902(5), title XVI, § 1621(e)(1)(A)(iii), Dec. 20, 2019, 133 Stat. 1543, 1733; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294; Pub. L. 118–31, div. A, title IX, § 902(a), Dec. 22, 2023, 137 Stat. 355; Pub. L. 118–159, div. A, title XVII, § 1701(a)(3), Dec. 23, 2024, 138 Stat. 2203; Pub. L. 119–60, div. A, title XVII, § 1701(a)(4), title XVIII, § 1801(a)(2)(C), Dec. 18, 2025, 139 Stat. 1208, 1222.)
- 2009Enacted · Pub. L. 111-23 · 123 Stat. 1705
- 2011Amended · Pub. L. 111-383 · 124 Stat. 4322, 4369
- 2013Amended · Pub. L. 112-239 · 126 Stat. 1952
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1521
- 2019Amended · Pub. L. 116-92 · 133 Stat. 1543, 1733
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4294
- 2023Amended · Pub. L. 118-31 · 137 Stat. 355
- 2024Amended · Pub. L. 118-159 · 138 Stat. 2203
- 2025Amended · Pub. L. 119-60 · 139 Stat. 1208, 1222
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-23 on 2009-05-22.
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