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10 U.S.C. § 4273 — Performance assessments and root cause analyses

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4273 — Performance assessments and root cause analyses

**(a) Designation of Senior Official Responsibility for Performance Assessments and Root Cause Analyses.—** (1) **In general.—** — The Secretary of Defense shall designate a senior official in the Office of the Secretary of Defense as the principal official of the Department of Defense responsible for conducting and overseeing performance assessments and root cause analyses for major defense acquisition programs. (2) **No program execution responsibility.—** — The Secretary shall ensure that the senior official designated under paragraph (1) is not responsible for program execution. (3) **Staff and resources.—** — The Secretary shall assign to the senior official designated under paragraph (1) appropriate staff and resources necessary to carry out the senior official’s function under this section. **(b) Responsibilities.—** The senior official designated under subsection (a) shall be responsible for the following: (1) Carrying out performance assessments of major defense acquisition programs in accordance with the requirements of subsection (c) periodically or when requested by the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Secretary of a military department, or the head of a Defense Agency. (2) Conducting root cause analyses for major defense acquisition programs in accordance with the requirements of subsection (d) when required by [section 4376(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4376/a/1&num=0&edition=prelim), or when requested by the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Secretary of a military department, or the head of a Defense Agency. (3) Issuing policies, procedures, and guidance governing the co

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Source file: Laws/federal/codes/united-states-code/title-10/section-4273-performance-assessments-and-root-cause-analyses--08927d2cdf.md
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Source location: Title 10, Chapter 322, § 4273; chapter-322-major-systems-and-major-defense-acquisition-programs-generally.md

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**(a) Designation of Senior Official Responsibility for Performance Assessments and Root Cause Analyses.—** (1) **In general.—** — The Secretary of Defense shall designate a senior official in the Office of the Secretary of Defense as the principal official of the Department of Defense responsible for conducting and overseeing performance assessments and root cause analyses for major defense acquisition programs. (2) **No program execution responsibility.—** — The Secretary shall ensure that the senior official designated under paragraph (1) is not responsible for program execution. (3) **Staff and resources.—** — The Secretary shall assign to the senior official designated under paragraph (1) appropriate staff and resources necessary to carry out the senior official’s function under this section. **(b) Responsibilities.—** The senior official designated under subsection (a) shall be responsible for the following: (1) Carrying out performance assessments of major defense acquisition programs in accordance with the requirements of subsection (c) periodically or when requested by the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Secretary of a military department, or the head of a Defense Agency. (2) Conducting root cause analyses for major defense acquisition programs in accordance with the requirements of subsection (d) when required by [section 4376(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4376/a/1&num=0&edition=prelim), or when requested by the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Secretary of a military department, or the head of a Defense Agency. (3) Issuing policies, procedures, and guidance governing the conduct of performance assessments and root cause analyses by the military departments and the Defense Agencies. (4) Evaluating the utility of performance metrics used to measure the cost, schedule, and performance of major defense acquisition programs, and making such recommendations to the Secretary of Defense as the official considers appropriate to improve such metrics. (5) Advising acquisition officials on performance issues regarding a major defense acquisition program that may arise— (A) before certification under sections 4376 and 4377 of this title; (B) before entry into full-rate production; or (C) in the course of consideration of any decision to request authorization of a multiyear procurement contract for the program. **(c) Performance Assessments.—** For purposes of this section, a performance assessment with respect to a major defense acquisition program is an evaluation of the following: (1) The cost, schedule, and performance of the program, relative to current metrics, including performance requirements and baseline descriptions. (2) The extent to which the level of program cost, schedule, and performance predicted relative to such metrics is likely to result in the timely delivery of a level of capability to the warfighter that is consistent with the level of resources to be expended and provides superior value to alternative approaches that may be available to meet the same military requirement. **(d) Root Cause Analyses.—** For purposes of this section and sections 4376 and 4377 of this title, a root cause analysis with respect to a major defense acquisition program is an assessment of the underlying cause or causes of shortcomings in cost, schedule, or performance of the program, including the role, if any, of— (1) unrealistic performance expectations; (2) unrealistic baseline estimates for cost or schedule; (3) immature technologies or excessive manufacturing or integration risk; (4) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance; (5) changes in procurement quantities; (6) inadequate program funding or funding instability; (7) poor performance by government or contractor personnel responsible for program management; or (8) any other matters. **(e) Support of Applicable Capabilities and Expertise.—** The Secretary of Defense shall ensure that the senior official designated under subsection (a) has the support of other Department of Defense officials with relevant capabilities and expertise needed to carry out the requirements of this section.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 131 — Office of the Secretary of Defense

**(a)** There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carrying out the Secretary’s duties and responsibilities and to carry out such other duties as may be prescribed by law. **(b)** The Office of the Secretary of Defense is composed of the following: (1) The Deputy Secretary of Defense. (2) Repealed. Pub. L. 116–283, div. A, title IX, § 901(a)(2)(A), Jan. 1, 2021, 134 Stat. 3794.] (3) The Under Secretaries of Defense, as follows: (A) The Under Secretary of Defense for Research and Engineering. (B) The Under Secretary of Defense for Acquisition and Sustainment. (C) The Under Secretary of Defense for Policy. (D) The Under Secretary of Defense (Comptroller). (E) The Under Secretary of Defense for Personnel and Readiness. (F) The Under Secretary of Defense for Intelligence and Security. (4) Other officers who are appointed by the President, by and with the advice and consent of the Senate, and who report directly to the Secretary and Deputy Secretary without intervening authority, as follows: (A) The Director of Cost Assessment and Program Evaluation. (B) The Director of Operational Test and Evaluation. (C) The General Counsel of the Department of Defense. (D) The Inspector General of the Department of Defense. (5) The Chief Information Officer of the Department of Defense, who reports directly to the Secretary and Deputy Secretary without intervening authority. (6) The Deputy Under Secretaries of Defense. (7) The Assistant Secretaries of Defense. (8) Other officials provided for by law, as follows: (A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under [section 139a(c) of this t

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2438 — Renumbered § 4273]

### Statutory Notes #### Prior Provisions A prior section 2438, added Pub. L. 102–484, div. A, title VIII, § 821(a)(1)(B), Oct. 23, 1992, 106 Stat. 2459; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728, required competitive prototyping of major weapon systems and subsystems prior to development under major defense acquisition program, prior to repeal by Pub. L. 103–355, title III, § 3006(a), Oct. 13, 1994, 108 Stat. 3331. Another prior section 2438 was renumbered [section 2439 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2439&num=0&edition=prelim) and was subsequently repealed.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2430 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1846(f)(8), Jan. 1, 2021, 134 Stat. 4251]

### Statutory Notes Section, added Pub. L. 100–26, § 7(b)(2)(A), Apr. 21, 1987, 101 Stat. 279; amended Pub. L. 102–484, div. A, title VIII, § 817(b), Oct. 23, 1992, 106 Stat. 2455; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 111–23, title II, § 206(b), May 22, 2009, 123 Stat. 1728; Pub. L. 113–291, div. A, title X, § 1071(f)(18), Dec. 19, 2014, 128 Stat. 3511; Pub. L. 114–92, div. A, title VIII, § 825(a), Nov. 25, 2015, 129 Stat. 907; Pub. L. 114–328, div. A, title VIII, §§ 807(b), 847(a), Dec. 23, 2016, 130 Stat. 2261, 2292; Pub. L. 115–91, div. A, title VIII, § 831, title X, § 1081(a)(38), Dec. 12, 2017, 131 Stat. 1467, 1596; Pub. L. 116–283, div. A, title XVIII, § 1846(c)(1), (d)(1), (f)(1), Jan. 1, 2021, 134 Stat. 4248–4250, defined major defense acquisition program. See sections 4201, 4202(a), and 4204 of this title. #### Effective Date of Repeal Repeal 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2433a — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1850(l), Jan. 1, 2021, 134 Stat. 4271]

### Statutory Notes Section, added Pub. L. 111–23, title II, § 206(a)(1), May 22, 2009, 123 Stat. 1726; amended Pub. L. 111–383, div. A, title X, § 1075(b)(35), Jan. 7, 2011, 124 Stat. 4371; Pub. L. 112–81, div. A, title VIII, §§ 801(e)(4), 831, Dec. 31, 2011, 125 Stat. 1484, 1503; Pub. L. 112–239, div. A, title VIII, § 813, Jan. 2, 2013, 126 Stat. 1829; Pub. L. 116–283, div. A, title XVIII, § 1850(j)(1), (2), (k)(1), Jan. 1, 2021, 134 Stat. 4269, 4270, related to critical cost growth in major defense acquisition programs. See sections 4376 and 4377 of this title. #### Effective Date of Repeal Repeal 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4377 — Breach of critical cost growth threshold: actions if program not terminated

**(a) Actions if Program Not Terminated.—** If the Secretary elects not to terminate a major defense acquisition program pursuant to subsection (b) of [section 4376 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4376&num=0&edition=prelim), the Secretary shall— (1) restructure the program in a manner that addresses the root cause or causes of the critical cost growth, as identified pursuant to subsection (a) of that section, and ensures that the program has an appropriate management structure as set forth in the certification submitted pursuant to subsection (b)(2)(E) of that section; (2) rescind the most recent Milestone approval for the program and withdraw any associated certification under section 4251 or 4252 of this title; (3) require a new Milestone approval for the program before taking any contract action to enter a new contract, exercise an option under an existing contract, or otherwise extend the scope of an existing contract under the program, except to the extent determined necessary by the Milestone Decision Authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources; (4) include in the report specified in subsection (b) a description of all funding changes made as a result of the growth in cost of the program, including reductions made in funding for other programs to accommodate such cost growth; and (5) conduct regular reviews of the program in accordance with the requirements of section 205 of the Weapon Systems Acquisition Reform Act of 2009. **(b) Identification of Report for Description of Funding Changes.—** For purposes of subsection (a)(4), the report specified in this subsection is the first Selected Acqu

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4273 — Performance assessments and root cause

Page 2727 TITLE 10—ARMED FORCES § 4273 tion, and approval of independent technical risk assessments. (Added Pub. L. 114–328, div. A, title VIII, § 807(a)(1), Dec. 23, 2016, 130 Stat. 2261, § 2448b; amended Pub. L. 116–92, div. A, title IX, § 902(73), Dec. 20, 2019, 133 Stat. 1552; renumbered § 4272 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(e)(2), Jan. 1, 2021, 134 Stat. 4256; Pub. L. 118–159, div. A, title VIII, § 806(b)(1), Dec. 23, 2024, 138 Stat. 1974.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159 struck out dash after ‘‘risk assessments’’ and par. (2) designation before ‘‘be- fore any decision’’ and struck out par. (1) which read as follows: ‘‘before any decision to grant Milestone A ap- proval for the program pursuant to section 4251 of this title, that identifies critical technologies and manufac- turing processes that need to be matured; and’’. 2021—Pub. L. 116–283, § 1847(e)(2), renumbered section 2448b of this title as this section. Subsec. (a)(1). Pub. L. 116–283, § 1847(e)(2)(A), sub- stituted ‘‘section 4251’’ for ‘‘section 2366a’’. Subsec. (a)(2). Pub. L. 116–283, § 1847(e)(2)(B), sub- stituted ‘‘section 4252’’ for ‘‘section 2366b’’. 2019—Pub. L. 116–92 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as fol- lows: ‘‘(a) IN GENERAL.—With respect to a major defense ac- quisition program, the Secretary of Defense shall en- sure that an independent technical risk assessment is conducted— ‘‘(1) before any decision to grant Milestone A ap- proval for the program pursuant to section 2366a of this title, that identifies critical technologies and manufacturing processes that need to be matured; and ‘‘(2) before any decision to grant Milestone B ap- proval for the program pursuan

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