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10 U.S.C. § 4372 — Unit cost reports: quarterly report from program manager to service acquisition executive
Federal law — U.S. Code and appendices · legal_authorities
**(a) Required Reports.—**
(1) **Requirement.—** — The program manager for a major defense acquisition program (other than a program not required to be included in the Selected Acquisition Report for that quarter under [section 4351(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351/b/3&num=0&edition=prelim)) shall, on a quarterly basis, submit to the service acquisition executive designated by the Secretary concerned a written report on the unit costs of the program (or of each designated major subprogram under the program).
(2) **Time for submittal.—** — Each report shall be submitted not more than 30 calendar days after the end of that quarter.
**(b) Matter to Be Included in Unit Cost Reports.—** The program manager shall include in each such unit cost report the following information with respect to the program (as of the last day of the quarter for which the report is made):
(1) The program acquisition unit cost for the program (or for each designated major subprogram under the program).
(2) In the case of a procurement program, the procurement unit cost for the program (or for each designated major subprogram under the program).
(3) Any cost variance or schedule variance in a major contract under the program since the contract was entered into.
(4) Any changes from program schedule milestones or program performances reflected in the baseline description established under [section 4214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4214&num=0&edition=prelim) that are known, expected, or anticipated by the program manager.
(5) Any significant changes in the total program cost for development and procurement of the software component of the program or subprogram, sc
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Source file: Laws/federal/codes/united-states-code/title-10/section-4372-unit-cost-reports-quarterly-report-from-program-manager-to-service-acqui--fb3bd74ce0.md
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Source location: Title 10, Chapter 325, § 4372; chapter-325-cost-growth-unit-cost-reports-nunn-mccurdy.md
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**(a) Required Reports.—**
(1) **Requirement.—** — The program manager for a major defense acquisition program (other than a program not required to be included in the Selected Acquisition Report for that quarter under [section 4351(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351/b/3&num=0&edition=prelim)) shall, on a quarterly basis, submit to the service acquisition executive designated by the Secretary concerned a written report on the unit costs of the program (or of each designated major subprogram under the program).
(2) **Time for submittal.—** — Each report shall be submitted not more than 30 calendar days after the end of that quarter.
**(b) Matter to Be Included in Unit Cost Reports.—** The program manager shall include in each such unit cost report the following information with respect to the program (as of the last day of the quarter for which the report is made):
(1) The program acquisition unit cost for the program (or for each designated major subprogram under the program).
(2) In the case of a procurement program, the procurement unit cost for the program (or for each designated major subprogram under the program).
(3) Any cost variance or schedule variance in a major contract under the program since the contract was entered into.
(4) Any changes from program schedule milestones or program performances reflected in the baseline description established under [section 4214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4214&num=0&edition=prelim) that are known, expected, or anticipated by the program manager.
(5) Any significant changes in the total program cost for development and procurement of the software component of the program or subprogram, schedule milestones for the software component of the program or subprogram, or expected performance for the software component of the program or subprogram that are known, expected, or anticipated by the program manager.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 97–252, title XI, § 1107(a)(1), Sept. 8, 1982, 96 Stat. 741, § 139b; amended Pub. L. 98–94, title XII, § 1268(1), Sept. 24, 1983, 97 Stat. 705; Pub. L. 98–525, title XII, § 1242(b), Oct. 19, 1984, 98 Stat. 2607; Pub. L. 99–145, title XIII, § 1303(a)(2), Nov. 8, 1985, 99 Stat. 738; renumbered § 2433 and amended Pub. L. 99–433, title I, §§ 101(a)(5), 110(d)(14), (g)(8), Oct. 1, 1986, 100 Stat. 995, 1003, 1004; Pub. L. 99–500, § 101(c) [title X, § 961(b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–176, and Pub. L. 99–591, § 101(c) [title X, § 961(b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–176; Pub. L. 99–661, div. A, title IX, formerly title IV, § 961(b), Nov. 14, 1986, 100 Stat. 3956, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(b)(4), (k)(7), Apr. 21, 1987, 101 Stat. 279, 284; Pub. L. 100–180, div. A, title XIII, § 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101–189, div. A, title VIII, § 811(a), Nov. 29, 1989, 103 Stat. 1490; Pub. L. 101–510, div. A, title XIV, § 1484(k)(10), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102–484, div. A, title VIII, § 817(d), Oct. 23, 1992, 106 Stat. 2456; Pub. L. 103–35, title II, § 201(i)(2), May 31, 1993, 107 Stat. 100; Pub. L. 103–355, title III, §§ 3002(a)(2), 3003, Oct. 13, 1994, 108 Stat. 3328, 3329; Pub. L. 105–85, div. A, title VIII, § 833, Nov. 18, 1997, 111 Stat. 1842; Pub. L. 108–375, div. A, title VIII, § 801(a), (b)(1), Oct. 28, 2004, 118 Stat. 2004; Pub. L. 109–163, div. A, title VIII, § 802(a)–(c), (d)(2), Jan. 6, 2006, 119 Stat. 3367–3370; Pub. L. 109–364, div. A, title II, § 213(a), Oct. 17, 2006, 120 Stat. 2121; Pub. L. 110–181, div. A, title IX, § 942(e), Jan. 28, 2008, 122 Stat. 288; Pub. L. 110–417, [div. A], title VIII, § 811
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2433
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Baseline Description Requirement.—**
(1) The Secretary of a military department shall establish a baseline description for each major defense acquisition program and for each designated major subprogram under the program under the jurisdiction of such Secretary.
(2) The baseline shall include sufficient parameters to describe the cost estimate (referred to as the “Baseline Estimate” in sections 4371 through 4375 of this title), schedule, performance, supportability, and any other factor of such major defense acquisition program or designated major subprogram.
**(b) Funding Limit.—** No amount appropriated or otherwise made available to the Department of Defense for carrying out a major defense acquisition program or any designated major subprogram under the program may be obligated after the program or subprogram enters system development and demonstration without an approved baseline description unless such obligation is specifically approved by the Under Secretary of Defense for Acquisition and Sustainment.
**(c) Schedule.—** A baseline description for a major defense acquisition program or any designated major subprogram under the program shall be prepared under this section—
(1) before the program or subprogram enters system development and demonstration;
(2) before the program or subprogram enters production and deployment; and
(3) before the program or subprogram enters full rate production.
**(d) Original Baseline Estimate.—**
(1) In this subpart, the term “original Baseline Estimate”, with respect to a major defense acquisition program or any designated major subprogram under the program, means the baseline description established with respect to the program or subprogram under subsection (a) prepared before the program or subprogram enters system
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4214
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Federal law — U.S. Code and appendices · legal_authorities
If the program manager of a major defense acquisition program for which a unit cost report has previously been submitted under [section 4372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4372&num=0&edition=prelim) determines at any time during a quarter that there is reasonable cause to believe that the program acquisition unit cost for the program (or for a designated major subprogram under the program) or the procurement unit cost for the program (or for such a subprogram), as applicable, has increased by a percentage equal to or greater than the significant cost growth threshold; and if a unit cost report indicating an increase of such percentage or more has not previously been submitted to the service acquisition executive designated by the Secretary concerned, then the program manager shall immediately submit to such service acquisition executive a unit cost report containing the information, determined as of the date of the report, required under [section 4372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4372&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination of Breach by Service Acquisition Executive.—** When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this chapter with respect to a major defense acquisition program or any designated major subprogram under the program, the service acquisition executive shall determine whether the current program acquisition unit cost for the program or subprogram has increased by a percentage equal to or greater than the significant cost growth threshold, or the critical cost growth threshold, for the program or subprogram.
**(b) Additional Determination by Service Acquisition Executive When Program or Subprogram Is a Procurement Program.—** When a unit cost report is submitted to the service acquisition executive designated by the Secretary concerned under this chapter with respect to a major defense acquisition program or any designated major subprogram under the program that is a procurement program, the service acquisition executive, in addition to the determination under subsection (a), shall determine whether the procurement unit cost for the program or subprogram has increased by a percentage equal to or greater than the significant cost growth threshold, or the critical cost growth threshold, for the program or subprogram.
**(c) Determination of Breach by Secretary Concerned; Notification to Congress.—**
(1) **In general.—** — If, based upon the service acquisition executive’s determination, the Secretary concerned determines that the current program acquisition unit cost has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold or that the procurement unit cost has increased by a percentage equal to or greater than the sign
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4374
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Federal law — U.S. Code and appendices · legal_authorities
Page 2749
TITLE 10—ARMED FORCES
§ 4372
99–433, title I, § 101(a)(5), Oct. 1, 1986, 100 Stat. 995; Pub.
L. 103–355, title III, § 3003(d), Oct. 13, 1994, 108 Stat. 3329.
The text of subsec. (h) of section 2433 of this title,
which was transferred to this section, redesignated sub-
sec. (b) and amended by Pub. L. 116–283, § 1850(c), was
based on Pub. L. 99–500, § 101(c) [title X, § 961(b)(2)], Oct.
18, 1986, 100 Stat. 1783–82, 1783–176, and Pub. L. 99–591,
§ 101(c) [title X, § 961(b)(2)], Oct. 30, 1986, 100 Stat.
3341–82, 3341–176; Pub. L. 99–661, div. A, title IX, for-
merly title IV, § 961(b)(2), Nov. 14, 1986, 100 Stat. 3956, re-
numbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101
Stat. 273.
AMENDMENTS
2021—Subsec. (a). Pub. L. 116–283, § 1850(b)(2), inserted
subsec. heading and headings in pars. (1) to (6).
Pub. L. 116–283, § 1850(b)(1), transferred subsec. (a) of
section 2433 of this title to this section and substituted
‘‘this chapter’’ for ‘‘this section’’ in introductory provi-
sions and par. (2).
Subsec. (a)(1). Pub. L. 116–283, § 1850(b)(3)(A), as
amended by Pub. L. 117–81, § 1701(o)(6)(E)(i), substituted
‘‘section 4203(d)’’ for ‘‘section 2430a(d)’’ and ‘‘section
4351(a)’’ for ‘‘section 2432(a)’’.
Subsec. (a)(2). Pub. L. 116–283, § 1850(b)(4), redesig-
nated par. (4) as (2) and transferred it to appear in nu-
merical order. Former par. (2) redesignated (4).
Pub. L. 116–283, § 1850(b)(3)(B), substituted ‘‘section
4214’’ for ‘‘section 2435’’.
Subsec. (a)(3) to (5). Pub. L. 116–283, § 1850(b)(4), redes-
ignated pars. (5), (2), and (6) as (3) to (5), respectively,
and transferred them to appear in numerical order.
Former pars. (3) and (4) redesignated pars. (6) and (2),
respectively.
Subsec. (a)(6). Pub. L. 116–283, § 1850(b)(4), r
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4372
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