123STA T . 1 7 1 6PUBLIC LA W 111 – 23 —M A Y 22 , 2 0 0 9(4)Evalu a ting t he utilit yofp e r for m an c e metric s use d to measure the cost , schedule, and performance of ma j or defense ac q uisition programs, and ma k ing such recommendations to the S ecretary of D efense as the official considers appropriate to improve such metrics . ( 5 ) A dvising acquisition officials on performance issues regarding a major defense acquisition program that may arise — (A) prior to certification under section 2 4 3 3a of title 10 , U nited States C ode (as so added)
( B ) prior to entry into full - rate production; or (C) in the course of consideration of any decision to request authori z ation of a multiyear procurement contract for the program. (c) PERFO R MANC EA S SESSMEN T S.— F or purposes of this section, a performance assessment w ith respect to a major defense acquisi- tion program is an evaluation of the following
(1) T he cost, schedule, and performance of the program, relative to current metrics, including performance requirements and b aseline descriptions. (2) The e x tent 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) R OOT CA U SE ANA LY SES.—For purposes of this section and section 2433a of title 10, United States Code (as so added), 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 perform- ance; (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) SU P PORT OF APPL I CA B LE CAPABILITIES AN D E X PERTISE.— The Secretary of Defense shall ensure that the senior official des- ignated 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. (f) ANNUAL REPORT.— N ot later than M arch 1 each year, begin- ning in 2010, the official responsible for conducting and overseeing performance assessments and root cause analyses for major defense acquisition programs shall submit to the congressional defense committees a report on the activities undertaken under this section during the preceding year. Ef f ectiv e da te .
