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10 U.S.C. § 4373 — Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold
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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Source file: Laws/federal/codes/united-states-code/title-10/section-4373-unit-cost-reports-immediate-report-from-program-manager-to-service-acqui--3ac9d533db.md
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Source location: Title 10, Chapter 325, § 4373; chapter-325-cost-growth-unit-cost-reports-nunn-mccurdy.md
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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
### 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) 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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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) 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
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Federal law — U.S. Code and appendices · legal_authorities
Page 2750
TITLE 10—ARMED FORCES
§ 4373
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 RE-
PORTS.—The program manager shall include in
each such unit cost report the following infor-
mation 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 subpro-
gram 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 that are known, ex-
pected, or anticipated by the program man-
ager.
(5) Any significant changes in the total pro-
gram cost for development and procurement of
the software component of the program or
subprogram, schedule milestones for the soft-
ware component of the program or subpro-
gram, or expected performance for the soft-
ware component of the program or subpro-
gram that are known, expected, or anticipated
by the program manager.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1850(a), (e), Jan. 1, 2021, 134 Stat. 4265,
4266;
Pub.
L.
117–81,
div.
A,
title
XVII,
§ 1701(b)(18), (o)(6)(E)(iii), Dec. 27, 2021, 135 Stat.
2135, 2148.)
Editorial Notes
CODIFICATION
The text of subsec. (b) of section 2433 of this title,
which was t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4373
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