10 U.S.C. § 4274 — Untitled legal text

Page 2728 TITLE 10—ARMED FORCES [§ 4274 (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 assess- ment of the underlying cause or causes of short- comings 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 man- ufacturing or integration risk; (4) unanticipated design, engineering, manu- facturing, 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 con- tractor personnel responsible for program management; or (8) any other matters. (e) SUPPORT OF APPLICABLE CAPABILITIES AND EXPERTISE.—The Secretary of Defense shall en- sure that the senior official designated under subsection (a) has the support of other Depart- ment of Defense officials with relevant capabili- ties and expertise needed to carry out the re- quirements of this section. (Added and amended Pub. L. 111–383, div. A, title IX, § 901(d), (k)(1)(F), Jan. 7, 2011, 124 Stat. 4321, 4325, § 2438; Pub. L. 112–239, div. A, title X, § 1076(f)(27), Jan. 2, 2013, 126 Stat. 1953; Pub. L. 114–92, div. A, title X, § 1077(b), Nov. 25, 2015, 129 Stat. 998; Pub. L. 116–92, div. A, title IX, § 902(72), Dec. 20, 2019, 133 Stat. 1551; renumbered § 4273 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(e)(3), Jan. 1, 2021, 134 Stat. 4256; Pub. L. 117–81, div. A, title XVII, § 1701(b)(16)(B), Dec. 27, 2021, 135 Stat. 2134; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(34), Dec. 22, 2023, 137 Stat. 685; Pub. L. 118–159, div. A, title XVII, § 1701(a)(44), Dec. 23, 2024, 138 Stat. 2206.) Editorial Notes CODIFICATION Section 103 of Pub. L. 111–23, formerly set out as a note under section 2430 of this title, which was trans- ferred to chapter 144 of this title, renumbered as sec- tion 2438, and amended by Pub. L. 111–383, § 901(d), (k)(1)(F), and subsequently renumbered as this section and amended by Pub. L. 116–283, § 1847(e)(3), was based on Pub. L. 111–23, title I, § 103, May 22, 2009, 123 Stat. 1715. AMENDMENTS 2024—Subsec. (d). Pub. L. 118–159 substituted ‘‘4376’’ for ‘‘4736’’. 2023—Subsec. (b)(5)(A). Pub. L. 118–31 substituted ‘‘sections 4376’’ for ‘‘sections 4736’’. 2021—Pub. L. 116–283, § 1847(e)(3), renumbered section 2438 of this title as this section. Subsec. (b)(2). Pub. L. 116–283, § 1847(e)(3)(A), as amended by Pub. L. 117–81, § 1701(b)(16)(B), substituted ‘‘section 4376(a)(1)’’ for ‘‘section 2433a(a)(1)’’. Subsec. (b)(5)(A). Pub. L. 116–283, § 1847(e)(3)(B), sub- stituted ‘‘sections 4736 and 4377’’ for ‘‘section 2433a’’. Subsec. (d). Pub. L. 116–283, § 1847(e)(3)(B), substituted ‘‘sections 4736 and 4377’’ for ‘‘section 2433a’’ in introduc- tory provisions. 2019—Subsec. (b)(1), (2). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Ac- quisition, Technology and Logistics’’. 2015—Subsec. (f). Pub. L. 114–92 struck out subsec. (f) which related to annual report. 2013—Subsec. (a)(3). Pub. L. 112–239 inserted ‘‘the sen- ior’’ before ‘‘official’s’’. 2011—Pub. L. 111–383, § 901(k)(1)(F), substituted ‘‘Per- formance assessments and root cause analyses’’ for ‘‘PERFORMANCE ASSESSMENTS AND ROOT CAUSE ANALYSES FOR MAJOR DEFENSE ACQUISITION PROGRAMS’’ in section catchline. Pub. L. 111–383, § 901(d), transferred section 103 of Pub. L. 111–23 to this chapter and renumbered it as this sec- tion. See Codification note above. Subsec. (b)(2). Pub. L. 111–383, § 901(d)(1), substituted ‘‘section 2433a(a)(1) of this title’’ for ‘‘section 2433a(a)(1) of title 10, United States Code (as added by section 206(a) of this Act)’’. Subsec. (b)(5)(A). Pub. L. 111–383, § 901(d)(2), sub- stituted ‘‘before’’ for ‘‘prior to’’ and ‘‘section 2433a of this title’’ for ‘‘section 2433a of title 10, United States Code (as so added)’’. Subsec. (b)(5)(B). Pub. L. 111–383, § 901(d)(2)(B), sub- stituted ‘‘before’’ for ‘‘prior to’’. Subsec. (d). Pub. L. 111–383, § 901(d)(3), substituted ‘‘section 2433a of this title’’ for ‘‘section 2433a of title 10, United States Code (as so added)’’ in introductory provisions. Subsec. (f). Pub. L. 111–383, § 901(d)(4), struck out ‘‘be- ginning in 2010,’’ after ‘‘each year,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded 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 note below. Amendment by 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 Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as an Effec- tive Date of 2011 Amendment note under section 131 of this title. [§ 4274. Omitted] Editorial Notes CODIFICATION Pub. L. 116–283, div. A, title XVIII, § 1847(e)(4), (5), Jan. 1, 2021, 134 Stat. 4256, 4257, enacted this section, transferred subsec. (b) of section 2547 of this title to this section, and made additional amendments, which were all to become effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149, repealed section 1847(e)(4), (5) of Pub. L. 116–283, effective as if included therein, thereby omitting this section and eliminating the amendments before they took effect. SUBCHAPTER V—CONTRACTORS Sec. 4291. [Reserved]. 4292. Contracts: limitations on lead system inte- grators. 4293. Major defense acquisition programs: incen- tive program for contractors to purchase capital assets manufactured in United States.