10 U.S.C. § 139a: Director of Cost Assessment and Program Evaluation

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. 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. The Deputy Director for Cost Assessment. The Deputy Director for Program Evaluation. 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. 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. 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. 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). 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. The functions of the Office of Program Analysis and Evaluation of the Department of Defense, including the functions of the Cost Analysis Improvement Group, are hereby transferred to the Office of the Director of Cost Assessment and Program Evaluation. The personnel of the Cost Analysis Improvement Group are hereby transferred to the Deputy Director for Cost Assessment in the Office of the Director of Cost Assessment and Program Evaluation. The personnel (other than the personnel transferred under paragraph (2)) of the Office of Program Analysis and Evaluation are hereby transferred to the Deputy Director for Program Evaluation in the Office of the Director of Cost Assessment and Program Evaluation.” Not later than May 1, 2024 , the Director of Cost Assessment and Program Evaluation shall establish a pilot program on alternative analysis (referred to in this subsection as the ‘pilot program’). Year 1 of the future-years defense program under section 221 of title 10 , United States Code, beginning with fiscal year 2025. Years 2 through 5 of the future-years defense program. Years outside the future-years defense program. The Director shall ensure that at least one strategic portfolio review or an equivalent analytical effort is conducted each year under the pilot program. The pilot program shall terminate on September 30, 2028 . Not later than May 1, 2024 , the Secretary of Defense shall establish within the Department of Defense a working group to be known as the ‘Analysis Working Group’. The Secretary of Defense shall ensure that the Analysis Working Group possesses sufficient full-time equivalent support personnel to carry out the duties of the Group, including expansive coordination activities across the Department of Defense. The Office of the Director of Cost Assessment and Program Evaluation. The Directorate for Joint Force Development (J7) of the Joint Staff. The Directorate for Force Structure, Resources, and Assessment (J8) of the Joint Staff. The Office of the Secretary of Defense for Policy. The Chief Digital and Artificial Intelligence Office. The United States Indo-Pacific Command. The United States European Command. The United States Central Command. establish clear priorities and standards to focus analysts on decision support; improve transparency of methodologies, tools, and tradecraft across the analytic community, including testing and validation for new or emerging methodologies, tools, and tradecraft; improve quality of and expand access to data, including evaluation of new data sets, or application of existing data sets in new or novel ways; evolve the methodologies, tools, and tradecraft methods and tools used in strategic analysis; resolve classified access and infrastructure challenges; foster a workforce and organizations that are innovative, creative, and provide high-quality strategic decision support; and carry out such other activities as the Secretary of Defense determines appropriate. Nothing in subsection (b) or (c) shall be construed to interfere with the authority of the Chiefs of Staff of the Armed Forces to establish military requirements, performance requirements, and joint performance requirements, or the authority of the Joint Requirements Oversight Council to validate such requirements under section 181 of title 10 , United States Code.”