1
See References in Text note below.
2
So in original. Probably should be preceded by “the”.
References in Text
Section 2334 of this title, referred to in subsecs. (b)(1)(A) and (d)(1), was repealed by [Pub. L. 116–283, div. A, title XVIII], §§ 1801(d), 1881(a), Jan. 1, 2021, [134 Stat. 4151], 4293, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law. Subsecs. (a) to (h) of section 2334 were transferred to various provisions in chapter 222 of this title, with the same effective date and conditions, by [Pub. L. 116–283, div. A, title XVIII, § 1812(b)(1)], (3), (c)(1), (d), (e)(1), (f)(1), (g)(1), (h)(1), Jan. 1, 2021, [134 Stat. 4174–4177].
The date of the enactment of this subsection, referred to in subsec. (h), is the date of enactment of [Pub. L. 118–31], which was approved Dec. 22, 2023.
Amendments
2023—Subsec. (d)(5). [Pub. L. 118–31, § 902(a)(1)(A)], substituted “and ensuring” for “, ensuring” and struck out “, and assessing the effect of spending by the Department of Defense on the United States economy” after “accurately and completely”.
Subsec. (d)(8). [Pub. L. 118–31, § 902(a)(1)(B)], inserted “, 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” after “defense resources”.
Subsecs. (e) to (h). [Pub. L. 118–31, § 902(a)(2)], added subsecs. (e) to (h).
2021—Subsecs. (b)(1)(A), (d)(1). [Pub. L. 116–283], which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of [Pub. L. 116–283], as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2334”, which was redesignated as multiple sections.
2019—Subsec. (d)(6). [Pub. L. 116–92, § 1621(e)(1)(A)(iii)], substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”.
[Pub. L. 116–92, § 902(5)], substituted “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
2017—Subsec. (d)(9). [Pub. L. 115–91] added par. (9).
2013—Subsec. (d)(4). [Pub. L. 112–239], which directed amendment of par. (4) by inserting a period at end, was not executed to reflect the probable intent of Congress and the prior amendment by [Pub. L. 111–383, § 1075(b)(5)]. See 2011 Amendment note below.
2011—[Pub. L. 111–383, § 901(f)], renumbered section 139c of this title as this section.
Subsec. (d)(4). [Pub. L. 111–383, § 1075(b)(5)], which directed amendment of section 139c of this title by inserting a period at the end of subsec. (d)(4), was executed to this section, to reflect the probable intent of Congress and the renumbering of section 139c of this title as this section by [Pub. L. 111–383, § 901(f)]. See above.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by [section 1883(b)(2) of Pub. L. 116–283] effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see [section 1801(d) of Pub. L. 116–283], set out as a note preceding section 3001 of this title.
Effective Date of 2011 Amendment
Amendment by [section 901(f) of Pub. L. 111–383] effective Jan. 1, 2011, see [section 901(p) of Pub. L. 111–383], set out as a note under section 131 of this title.
Transfer of Personnel and Functions
[Pub. L. 111–23, title I, § 101(c)], May 22, 2009, [123 Stat. 1709], provided that:“(1)
Transfer of functions.—
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.
“(2)
Transfer of personnel to deputy director for independent cost assessment.—
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.
“(3)
Transfer of personnel to deputy director for program analysis and 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.”
Pilot Program on Alternative Analysis; Establishment of Analysis Working Group
[Pub. L. 118–31, div. A, title IX, § 902(b)]–(d), Dec. 22, 2023, [137 Stat. 357], 358, provided that:“(b)
Pilot Program on Alternative Analysis.—
“(1)
In general.—
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’).
“(2)
Structure.—
Under the pilot program, the Director shall establish three analytical groups focused on programmatic analysis in the following:
“(A)
Year 1 of the future-years defense program under
section 221 of title 10, United States Code, beginning with fiscal year 2025.
“(B)
Years 2 through 5 of the future-years defense program.
“(C)
Years outside the future-years defense program.
“(3)
Requirements.—
The Director shall ensure that at least one strategic portfolio review or an equivalent analytical effort is conducted each year under the pilot program.
“(4)
Termination.—
The pilot program shall terminate on September 30, 2028.
“(c)
Establishment of Analysis Working Group.—
“(1)
In general.—
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’.
“(2)
Personnel.—
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.
“(3)
Membership.—
“(A)
Regular members.—
The Analysis Working Group shall be composed of at least one representative from each of the following components of the Department of Defense:
“(i)
The Office of the Director of Cost Assessment and Program Evaluation.
“(ii)
The Directorate for Joint Force Development (J7) of the Joint Staff.
“(iii)
The Directorate for Force Structure, Resources, and Assessment (J8) of the Joint Staff.
“(iv)
The Office of the Secretary of Defense for Policy.
“(v)
The Chief Digital and Artificial Intelligence Office.
“(B)
Observers.—
At least one representative from each of the following commands shall serve as observers of the Analysis Working Group:
“(i)
The United States Indo-Pacific Command.
“(ii)
The United States European Command.
“(iii)
The United States Central Command.
“(4)
Duties.—
The Analysis Working Group shall—
“(A)
establish clear priorities and standards to focus analysts on decision support;
“(B)
improve transparency of methodologies, tools, and tradecraft across the analytic community, including testing and validation for new or emerging methodologies, tools, and tradecraft;
“(C)
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;
“(D)
evolve the methodologies, tools, and tradecraft methods and tools used in strategic analysis;
“(E)
resolve classified access and infrastructure challenges;
“(F)
foster a workforce and organizations that are innovative, creative, and provide high-quality strategic decision support; and
“(G)
carry out such other activities as the Secretary of Defense determines appropriate.
“(d)
Rule of Construction.—
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.”