Title 10 — Armed Forces
Part V · Chapter 222 — Independent Cost Estimation and Cost Analysis
§ 3221. Director of Cost Assessment and Program Evaluation
Statutory text
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.
Functions.—
In carrying out the responsibility of the Director under subsection (a), the Director shall—
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;
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—
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;
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;
issue guidance relating to full consideration of life-cycle management and sustainability costs in major defense acquisition programs and major subprograms;
review all cost estimates and cost analyses conducted in connection with major defense acquisition programs and major subprograms;
conduct or approve independent cost estimates and cost analyses for all major defense acquisition programs and major subprograms—
in advance of—
any decision to grant milestone approval pursuant to section 4252 of this title;
any decision to enter into low-rate initial production or full-rate production;
any certification under section 4376 of this title; and
any decision to enter into a contract in connection with a military construction project of a value greater than $500,000,000; and
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;
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
annually review the cost and associated information required to be included, by section 4351(c)(1) of this title, in the Selected Acquisition Reports required by that section.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1812(a) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3221
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (b), Jan. 1, 2021, 134 Stat. 4174
Source evidence
Code source credit
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (b), Jan. 1, 2021, 134 Stat. 4174Enacted provision · exact public law section
(a) New Chapter.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended by inserting after chapter 221, as added by the preceding section, the following new chapter: “CHAPTER 222— INDEPENDENT COST ESTIMATION AND COST ANALYSIS “3221. Director of Cost Assessment and Program Evaluation. “3222. Independent cost estimate required before approval. “3223. Director: review of cost estimates, cost analyses, and records of the military departments and Defense Agencies. “3224. Director: participation, concurrence, and approval in cost estimation. “3225. Discussion of risk in cost estimates. “3226. Estimates for program baseline and analyses and targets for contract negotiation purposes. “3227. Guidelines and collection method for acquisition of cost data. “§ 3221. Director of Cost Assessment and Program Evaluation “§ 3222. Independent cost estimate required before approval “§ 3223. Director: review of cost estimates, cost analyses, and records of the military departments and Defense Agencies “§ 3224. Director: participation, concurrence, and approval in cost estimation “§ 3225. Discussion of risk in cost estimates “§ 3226. Estimates for program baseline and analyses and targets for contract negotiation purposes “§ 3227. Guidelines and collection method for acquisition of cost data” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1812(b)(1) · 134 Stat. 3388
Changed · 10 U.S.C. § 3221(a)
Pub. L. 116–283, § 1812(b)(1), transferred subsec. (a) of section 2334 of this title to this section
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 1812(b)(1), transferred subsec. (a) of section 2334 of this title to this section.Enacted provision · exact public law section
(1) Transfer of subsection (a) of section 2334.— Subsection (a) of section 2334 of title 10, United States Code, is transferred to section 3221 of such title, as added by subsection (a), inserted after the section heading, and amended by designating the second sentence as subsection (b).William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1812(b)(1) · 134 Stat. 3388
Amended · 10 U.S.C. § 3221(b)
Pub. L. 116–283, § 1812(b)(1), (2)(A), designated second sentence of subsec. (a) as (b)
Inserted · 10 U.S.C. § 3221(b)
Pub. L. 116–283, § 1812(b)(1), (2)(A), inserted heading
Substituted · 10 U.S.C. § 3221(b)
Pub. L. 116–283, § 1812(b)(1), (2)(A), substituted “In carrying out the responsibility of the Director under subsection (a),” for “In carrying out that responsibility,” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 1812(b)(1), (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.Enacted provision · exact public law section
(1) Transfer of subsection (a) of section 2334.— Subsection (a) of section 2334 of title 10, United States Code, is transferred to section 3221 of such title, as added by subsection (a), inserted after the section heading, and amended by designating the second sentence as subsection (b).William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1812(b)(2)(B) · 134 Stat. 3388
Struck · 10 U.S.C. § 3221(b)(2)
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”
Substituted · 10 U.S.C. § 3221(b)(2)
Pub. L. 116–283, § 1812(b)(2)(B), substituted “of this title, provide guidance to and consult with—” and subpars. (A) to (E) for “of this title;”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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;”.Enacted provision · exact public law section
(B) in paragraph (2)— (i) by striking “provide guidance” and all that follows through “Defense Agencies”; and (ii) by striking “of this title;” and inserting “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;” ;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1812(b)(2)(C)(i) · 134 Stat. 3388
Substituted · 10 U.S.C. § 3221(b)(6)(A)(i)
Pub. L. 116–283, § 1812(b)(2)(C)(i), substituted “section 4251 or 4252” for “section 2366a or 2366b”
Source evidence
Code amendment note
Subsec. (b)(6)(A)(i). Pub. L. 116–283, § 1812(b)(2)(C)(i), substituted “section 4251 or 4252” for “section 2366a or 2366b”.Enacted provision · exact public law section
(i) in clause (i), by striking “section 2366a or 2366b” and inserting “section 4251 or 4252”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1812(b)(2)(C)(ii) · 134 Stat. 3388
Substituted · 10 U.S.C. § 3221(b)(6)(A)(iii)
Pub. L. 116–283, § 1812(b)(2)(C)(ii), substituted “section 4376” for “section 2433a”
Source evidence
Code amendment note
Subsec. (b)(6)(A)(iii). Pub. L. 116–283, § 1812(b)(2)(C)(ii), substituted “section 4376” for “section 2433a”.Enacted provision · exact public law section
(ii) in clause (iii), by striking “section 2433a” and inserting “section 4376”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1812(b)(2)(D) · 134 Stat. 3388
Amended · 10 U.S.C. § 3221(b)(8)
Pub. L. 116–283, § 1812(b)(2)(D), as amended by Pub. L. 117–81, § 1701(o)(6)(A)(i)
Substituted · 10 U.S.C. § 3221(b)(8)
Pub. L. 116–283, § 1812(b)(2)(D), as substituted “section 4351(c)(1)” for “section 2432(c)(1)”
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 116–283, § 1812(b)(2)(D), as amended by Pub. L. 117–81, § 1701(o)(6)(A)(i), substituted “section 4351(c)(1)” for “section 2432(c)(1)”.Enacted provision · exact public law section
(D) in paragraph (8), by striking “section 2432(c)(1)” and inserting “section 4353(a)”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1812(b)(3) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3221(c)
Pub. L. 116–283, § 1812(b)(3), redesignated subsec. (h) of section 2334 of this title as subsec. (c) of this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1812(b)(3), redesignated subsec. (h) of section 2334 of this title as subsec. (c) of this section.Enacted provision · exact public law section
(3) Transfer of subsection (h) of section 2334.— Subsection (h) of section 2334 of title 10, United States Code, is transferred to such section 3221, inserted after subsection (b), as designated by paragraph (2), and redesignated as subsection (c).National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 1701(d)(5) · 135 Stat. 1541
Substituted · 10 U.S.C. § 3221(b)(2)
Pub. L. 117–81, § 1701(d)(5), 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”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 117–81, § 1701(d)(5), 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”.Enacted provision · exact public law section
(5) Section 3221 of such title, as added by subsection (a) and amended by subsection (b) of section 1812 of such Act, is amended in subsection (b)(2) by striking “chapter 144” before “of this title” and inserting “chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328”.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 1701(c)(1) · 135 Stat. 1541
Substituted · 10 U.S.C. § 3221(c)
Pub. L. 117–81, § 1701(c)(1), substituted “under this chapter” for “under this section”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 117–81, § 1701(c)(1), substituted “under this chapter” for “under this section”.Enacted provision · exact public law section
(1) Section 3221 of title 10, United States Code, as added by subsection (a) and amended by subsection (b) of section 1812 of such Act, is amended in subsection (c) by striking “under this section” and inserting “under this chapter”.James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 div. B title XXVIII § 2806(b) · 136 Stat. 2395
Added · 10 U.S.C. § 3221(b)(6)(A)(v)
Pub. L. 117–263 added cl. (v)
Source evidence
Code amendment note
Subsec. (b)(6)(A)(v). Pub. L. 117–263 added cl. (v).Enacted provision · exact public law section
(b) Conforming Amendment to Duties of the Director of Cost Assessment and Program Evaluation.— Section 3221(b)(6)(A) of title 10, United States Code, is amended— (1) in clause (iii), by striking “and” at the end; and (2) by adding at the end the following new clause: “(v) any decision to enter into a contract in connection with a military construction project of a value greater than $500,000,000; and” .Effective date note
Amendment by Pub. L. 117–263 applicable to contracts entered into on or after Dec. 23, 2022, see section 2806(c) of Pub. L. 117–263, set out as a note under section 2851 of this title.Pub. L. 118–159 § 806(b)(2) · 138 Stat. 1974
Struck · 10 U.S.C. § 3221(b)(6)(A)(i)
Pub. L. 118–159, § 806(b)(2), struck out “4251 or” before “4252 of this title”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(6)(A)(i). Pub. L. 118–159, § 806(b)(2), struck out “4251 or” before “4252 of this title”.Pub. L. 118–159 § 1701(a)(35) · 138 Stat. 1974
Redesignated · 10 U.S.C. § 3221(b)(6)(A)(iv); 10 U.S.C. § 3221(b)(6)(A)(v)
Pub. L. 118–159, § 1701(a)(35), redesignated cl. (v) as (iv)
Struck · 10 U.S.C. § 3221(b)(6)(A)(iv); 10 U.S.C. § 3221(b)(6)(A)(v)
Pub. L. 118–159, § 1701(a)(35), struck out former cl. (iv) which read as follows: “any report under section 2445c(f) of this title; and”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(6)(A)(iv), (v). Pub. L. 118–159, § 1701(a)(35), redesignated cl. (v) as (iv) and struck out former cl. (iv) which read as follows: “any report under section 2445c(f) of this title; and”.
15 of 18 references resolved to an enrolled provision · 3 unresolved
Editorial Notes
Codification
The text of subsec. (a) of section 2334 of this title, which was transferred to this section, redesignated as subsecs. (a) and (b), and amended by Pub. L. 116–283, § 1812(b)(1), (2), was based on Pub. L. 111–23, title I, § 101(b)(1), , 123 Stat. 1706; Pub. L. 113–66, div. A, title VIII, § 812(c)(1), , 127 Stat. 808; Pub. L. 114–92, div. A, title VIII, § 824(b), , 129 Stat. 907; Pub. L. 114–328, div. A, title VIII, §§ 842(a)(1), (2), (b)(1), (2), 846(3), , 130 Stat. 2288, 2289, 2292; Pub. L. 115–91, div. A, title X, § 1081(a)(31), , 131 Stat. 1596; Pub. L. 116–92, div. A, title IX, § 902(53), , 133 Stat. 1549.
The text of subsec. (h) of section 2334 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Pub. L. 116–283, § 1812(b)(3), was based on Pub. L. 111–23, title I, § 101(b)(1), , 123 Stat. 1706; Pub. L. 114–92, div. A, title X, § 1077(a), , 129 Stat. 998; Pub. L. 114–328, div. A, title VIII, § 842(a)(3), , 130 Stat. 2288.
Prior Provisions
A prior section 3221, act Aug. 10, 1956, ch. 1041, 70A Stat. 176, related to authorized strength of Army Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1662(a)(3), 1691, , 108 Stat. 2988, 3026, effective . See section 12001 of this title.
Amendments2021–2024 · 3 rounds
2024
Subsec. (b)(6)(A)(i). Pub. L. 118–159, § 806(b)(2), struck out “4251 or” before “4252 of this title”.
Subsec. (b)(6)(A)(iv), (v). Pub. L. 118–159, § 1701(a)(35), redesignated cl. (v) as (iv) and struck out former cl. (iv) which read as follows: “any report under section 2445c(f) of this title; and”.
2022
Subsec. (b)(6)(A)(v). Pub. L. 117–263 added cl. (v).
2021
Subsec. (a). Pub. L. 116–283, § 1812(b)(1), transferred subsec. (a) of section 2334 of this title to this section.
Subsec. (b). Pub. L. 116–283, § 1812(b)(1), (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.
Subsec. (b)(2). Pub. L. 117–81, § 1701(d)(5), 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;”.
Subsec. (b)(6)(A)(i). Pub. L. 116–283, § 1812(b)(2)(C)(i), substituted “section 4251 or 4252” for “section 2366a or 2366b”.
Subsec. (b)(6)(A)(iii). Pub. L. 116–283, § 1812(b)(2)(C)(ii), substituted “section 4376” for “section 2433a”.
Subsec. (b)(8). Pub. L. 116–283, § 1812(b)(2)(D), as amended by Pub. L. 117–81, § 1701(o)(6)(A)(i), substituted “section 4351(c)(1)” for “section 2432(c)(1)”.
Subsec. (c). Pub. L. 117–81, § 1701(c)(1), substituted “under this chapter” for “under this section”.
Pub. L. 116–283, § 1812(b)(3), redesignated subsec. (h) of section 2334 of this title as subsec. (c) of this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by Pub. L. 117–263 applicable to contracts entered into on or after , see section 2806(c) of Pub. L. 117–263, set out as a note under section 2851 of this title.
Effective Date of 2021 Amendment
Amendment by section 1701(c)(1), (d)(5) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
Amendment by section 1701(o)(6)(A)(i) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
Effective Date
Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
Credits
2021–2024 · 4 acts
- 2021Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (b), , 134 Stat. 4174
- 2021Pub. L. 117–81, div. A, title XVII, § 1701(c)(1), (d)(5), (o)(6)(A)(i), , 135 Stat. 2135, 2136, 2147
- 2022Pub. L. 117–263, div. B, title XXVIII, § 2806(b), , 136 Stat. 2995
- 2024Pub. L. 118–159, div. A, title VIII, § 806(b)(2), title XVII, § 1701(a)(35), , 138 Stat. 1974, 2205.
Show as published
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1812(a), (b), , 134 Stat. 4174; Pub. L. 117–81, div. A, title XVII, § 1701(c)(1), (d)(5), (o)(6)(A)(i), , 135 Stat. 2135, 2136, 2147; Pub. L. 117–263, div. B, title XXVIII, § 2806(b), , 136 Stat. 2995; Pub. L. 118–159, div. A, title VIII, § 806(b)(2), title XVII, § 1701(a)(35), , 138 Stat. 1974, 2205.)