US Code

Public Law 119-83 (04/13/2026)

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)
section 4376(a)(1) of this title Conducting root cause analyses for major defense acquisition programs in accordance with the requirements of subsection (d) when required by , 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.

Pub. L. 111–383, div. A, title IX, § 901(d)124 Stat. 4321 Pub. L. 112–239, div. A, title X, § 1076(f)(27)126 Stat. 1953 Pub. L. 114–92, div. A, title X, § 1077(b)129 Stat. 998 Pub. L. 116–92, div. A, title IX, § 902(72)133 Stat. 1551 Pub. L. 116–283, div. A, title XVIII, § 1847(e)(3)134 Stat. 4256 Pub. L. 117–81, div. A, title XVII, § 1701(b)(16)(B)135 Stat. 2134 Pub. L. 118–31, div. A, title XVIII, § 1801(a)(34)137 Stat. 685 Pub. L. 118–159, div. A, title XVII, § 1701(a)(44)138 Stat. 2206 (Added and amended , (k)(1)(F), , , 4325, § 2438; , , ; , , ; , , ; renumbered § 4273 and amended , , ; , , ; , , ; , , .)

Editorial Notes

Codification

Section 103 of Pub. L. 111–23section 2430 of this titlePub. L. 111–383, § 901(d)Pub. L. 116–283, § 1847(e)(3)Pub. L. 111–23, title I, § 103123 Stat. 1715 , formerly set out as a note under , which was transferred to chapter 144 of this title, renumbered as section 2438, and amended by , (k)(1)(F), and subsequently renumbered as this section and amended by , was based on , , .

Amendments

Pub. L. 118–1592024—Subsec. (d). substituted “4376” for “4736”.

Pub. L. 118–312023—Subsec. (b)(5)(A). substituted “sections 4376” for “sections 4736”.

Pub. L. 116–283, § 1847(e)(3)section 2438 of this title2021—, renumbered as this section.

Pub. L. 116–283, § 1847(e)(3)(A)Pub. L. 117–81, § 1701(b)(16)(B)Subsec. (b)(2). , as amended by , substituted “section 4376(a)(1)” for “section 2433a(a)(1)”.

Pub. L. 116–283, § 1847(e)(3)(B)Subsec. (b)(5)(A). , substituted “sections 4736 and 4377” for “section 2433a”.

Pub. L. 116–283, § 1847(e)(3)(B)Subsec. (d). , substituted “sections 4736 and 4377” for “section 2433a” in introductory provisions.

Pub. L. 116–922019—Subsec. (b)(1), (2). substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology and Logistics”.

Pub. L. 114–922015—Subsec. (f). struck out subsec. (f) which related to annual report.

Pub. L. 112–2392013—Subsec. (a)(3). inserted “the senior” before “official’s”.

Pub. L. 111–383, § 901(k)(1)(F)performance assessments and root cause analyses for major defense acquisition programs2011—, substituted “Performance assessments and root cause analyses” for “” in section catchline.

Pub. L. 111–383, § 901(d)section 103 of Pub. L. 111–23, transferred to this chapter and renumbered it as this section. See Codification note above.

Pub. L. 111–383, § 901(d)(1)section 2433a(a)(1) of this titlesection 2433a(a)(1) of title 10Subsec. (b)(2). , substituted “” for “, United States Code (as added by section 206(a) of this Act)”.

Pub. L. 111–383, § 901(d)(2)section 2433a of this titlesection 2433a of title 10Subsec. (b)(5)(A). , substituted “before” for “prior to” and “” for “, United States Code (as so added)”.

Pub. L. 111–383, § 901(d)(2)(B)Subsec. (b)(5)(B). , substituted “before” for “prior to”.

Pub. L. 111–383, § 901(d)(3)section 2433a of this titlesection 2433a of title 10Subsec. (d). , substituted “” for “, United States Code (as so added)” in introductory provisions.

Pub. L. 111–383, § 901(d)(4)Subsec. (f). , struck out “beginning in 2010,” after “each year,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date

Pub. L. 111–383section 901(p) of Pub. L. 111–383section 131 of this titleAmendment by effective , see , set out as an Effective Date of 2011 Amendment note under .