US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3221

Director of Cost Assessment and Program Evaluation

(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)
section 4252 of this title any decision to grant milestone approval pursuant to ;
(ii)
any decision to enter into low-rate initial production or full-rate production;
(iii)
section 4376 of this title any certification under ; 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)
section 4351(c)(1) of this title annually review the cost and associated information required to be included, by , 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.

Pub. L. 116–283, div. A, title XVIII, § 1812(a)134 Stat. 4174Pub. L. 117–81, div. A, title XVII, § 1701(c)(1)o135 Stat. 2135Pub. L. 117–263, div. B, title XXVIII, § 2806(b)136 Stat. 2995Pub. L. 118–159, div. A, title VIII, § 806(b)(2)138 Stat. 1974(Added and amended , (b), , ; , (d)(5), ()(6)(A)(i), , , 2136, 2147; , , ; , title XVII, § 1701(a)(35), , , 2205.)

Editorial Notes

Codification

section 2334 of this titlePub. L. 116–283, § 1812(b)(1)Pub. L. 111–23, title I, § 101(b)(1)123 Stat. 1706Pub. L. 113–66, div. A, title VIII, § 812(c)(1)127 Stat. 808Pub. L. 114–92, div. A, title VIII, § 824(b)129 Stat. 907Pub. L. 114–328, div. A, title VIII130 Stat. 2288Pub. L. 115–91, div. A, title X, § 1081(a)(31)131 Stat. 1596Pub. L. 116–92, div. A, title IX, § 902(53)133 Stat. 1549The text of subsec. (a) of , which was transferred to this section, redesignated as subsecs. (a) and (b), and amended by , (2), was based on , , ; , , ; , , ; , §§ 842(a)(1), (2), (b)(1), (2), 846(3), , , 2289, 2292; , , ; , , .

section 2334 of this titlePub. L. 116–283, § 1812(b)(3)Pub. L. 111–23, title I, § 101(b)(1)123 Stat. 1706Pub. L. 114–92, div. A, title X, § 1077(a)129 Stat. 998Pub. L. 114–328, div. A, title VIII, § 842(a)(3)130 Stat. 2288The text of subsec. (h) of , which was transferred to this section, redesignated as subsec. (c), and amended by , was based on , , ; , , ; , , .

Prior Provisions

act Aug. 10, 1956, ch. 104170A Stat. 176Pub. L. 103–337, div. A, title XVI108 Stat. 2988section 12001 of this titleA prior section 3221, , , related to authorized strength of Army Reserve, prior to repeal by , §§ 1662(a)(3), 1691, , , 3026, effective . See .

Amendments

Pub. L. 118–159, § 806(b)(2)2024—Subsec. (b)(6)(A)(i). , struck out “4251 or” before “4252 of this title”.

Pub. L. 118–159, § 1701(a)(35)section 2445c(f) of this titleSubsec. (b)(6)(A)(iv), (v). , redesignated cl. (v) as (iv) and struck out former cl. (iv) which read as follows: “any report under ; and”.

Pub. L. 117–2632022—Subsec. (b)(6)(A)(v). added cl. (v).

Pub. L. 116–283, § 1812(b)(1)section 2334 of this title2021—Subsec. (a). , transferred subsec. (a) of to this section.

Pub. L. 116–283, § 1812(b)(1)Subsec. (b). , (2)(A), designated second sentence of subsec. (a) as (b), inserted heading, and substituted “In carrying out the responsibility of the Director under subsection (a),” for “In carrying out that responsibility,” in introductory provisions.

Pub. L. 117–81, § 1701(d)(5)Subsec. (b)(2). , in introductory provisions, substituted “chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328” for “chapter 144”.

Pub. L. 116–283, § 1812(b)(2)(B), struck out “provide guidance to and consult with the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense (Comptroller), the Secretaries of the military departments, and the heads of the Defense Agencies” before “with respect to cost estimation” and substituted “of this title, provide guidance to and consult with—” and subpars. (A) to (E) for “of this title;”.

Pub. L. 116–283, § 1812(b)(2)(C)(i)Subsec. (b)(6)(A)(i). , substituted “section 4251 or 4252” for “section 2366a or 2366b”.

Pub. L. 116–283, § 1812(b)(2)(C)(ii)Subsec. (b)(6)(A)(iii). , substituted “section 4376” for “section 2433a”.

Pub. L. 116–283, § 1812(b)(2)(D)Pub. L. 117–81, § 1701oSubsec. (b)(8). , as amended by ()(6)(A)(i), substituted “section 4351(c)(1)” for “section 2432(c)(1)”.

Pub. L. 117–81, § 1701(c)(1)Subsec. (c). , substituted “under this chapter” for “under this section”.

Pub. L. 116–283, § 1812(b)(3)section 2334 of this title, redesignated subsec. (h) of as subsec. (c) of this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263section 2806(c) of Pub. L. 117–263section 2851 of this titleAmendment by applicable to contracts entered into on or after , see , set out as a note under .

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(3) of Pub. L. 117–81section 3001 of this titleAmendment by section 1701(c)(1), (d)(5) of to take effect immediately after the amendments made by title XVIII of have taken effect, see , set out in a note preceding and Effective Date note below.

oPub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by section 1701()(6)(A)(i) of applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and Effective Date note below.

Effective Date

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .