10 U.S.C. § 4373 — Unit cost reports: immediate report from

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 transferred to this section and redesignated as subsec. (a) by Pub. L. 116–283, § 1850(e)(1), was based on Pub. L. 97–252, title XI, § 1107(a)(1), Sept. 8, 1982, 96 Stat. 741, § 139b; Pub. L. 98–525, title XII, § 1242(b)(2), Oct. 19, 1984, 98 Stat. 2607; renumbered § 2433 and amend- ed Pub. L. 99–433, title I, §§ 101(a)(5), 110(g)(8)(B), Oct. 1, 1986, 100 Stat. 995, 1004; Pub. L. 99–500, § 101(c) [title X, § 961(b)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–176, and Pub. L. 99–591, § 101(c) [title X, § 961(b)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–176; Pub. L. 99–661, div. A, title IX, formerly title IV, § 961(b)(1), Nov. 14, 1986, 100 Stat. 3956, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; 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)(2), Nov. 29, 1989, 103 Stat. 1490; Pub. L. 102–484, div. A, title VIII, § 817(d)(2), Oct. 23, 1992, 106 Stat. 2456; Pub. L. 103–355, title III, § 3003(b), Oct. 13, 1994, 108 Stat. 3329; Pub. L. 108–375, div. A, title VIII, § 801(a), Oct. 28, 2004, 118 Stat. 2004; Pub. L. 110–417, [div. A], title VIII, § 811(c)(2), Oct. 14, 2008, 122 Stat. 4522. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1850(e)(3), des- ignated first and second sentences as pars. (1) and (2), respectively, and inserted subsec. and par. headings. Pub. L. 116–283, § 1850(e)(2), as amended by Pub. L. 117–81, § 1701(b)(18), designated third sentence of subsec. (a) as (b). Pub. L. 116–283, § 1850(e)(1), transferred subsec. (b) of section 2433 of this title to this section and redesig- nated it as subsec. (a). Subsec. (a)(1). Pub. L. 116–283, § 1850(e)(4)(A), as amended by Pub. L. 117–81, § 1701(o)(6)(E)(iii), sub- stituted ‘‘section 4351(b)(3)’’ for ‘‘section 2432(b)(3)’’. Subsec. (b). Pub. L. 116–283, § 1850(e)(2), as amended by Pub. L. 117–81, § 1701(b)(18), designated third sentence of subsec. (a) as (b) and inserted heading. Subsec. (b)(4). Pub. L. 116–283, § 1850(e)(4)(B), sub- stituted ‘‘section 4214’’ for ‘‘section 2435’’. 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 Ef- fective Date note below. EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 4373. Unit cost reports: immediate report from program manager to service acquisition ex- ecutive upon breach of significant cost growth threshold If the program manager of a major defense ac- quisition program for which a unit cost report has previously been submitted under section 4372 of this title determines at any time during a quarter that there is reasonable cause to be- lieve that the program acquisition unit cost for the program (or for a designated major subpro- gram under the program) or the procurement unit cost for the program (or for such a subpro- gram), as applicable, has increased by a percent- age equal to or greater than the significant cost growth threshold; and if a unit cost report indi- cating an increase of such percentage or more has not previously been submitted to the service acquisition executive designated by the Sec- retary concerned, then the program manager shall immediately submit to such service acqui- sition executive a unit cost report containing the information, determined as of the date of the report, required under section 4372 of this title. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1850(a), (f), Jan. 1, 2021, 134 Stat. 4265, 4266.) Editorial Notes CODIFICATION The text of subsec. (c) of section 2433 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1850(f), was based on Pub. L. 97–252, title XI, § 1107(a)(1), Sept. 8, 1982, 96 Stat. 741, § 139b; Pub. L. 98–525, title XII, § 1242(b)(3), Oct. 19, 1984, 98 Stat. 2608; renumbered § 2433, Pub. L. 99–433, title I, § 101(a)(5), Oct. 1, 1986, 100 Stat. 995; 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)(3), 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)(3), Oct. 23, 1992, 106 Stat. 2457; Pub. L. 103–355, title III, §§ 3002(a)(2)(A), 3003(a)(2)(A), (c), Oct. Page 2751 TITLE 10—ARMED FORCES § 4374 13, 1994, 108 Stat. 3328, 3329; Pub. L. 105–85, div. A, title VIII, § 833(a), (b), Nov. 18, 1997, 111 Stat. 1842, 1843; Pub. L. 109–163, div. A, title VIII, § 802(b)(1), Jan. 6, 2006, 119 Stat. 3368; Pub. L. 110–417, [div. A], title VIII, § 811(c)(3), Oct. 14, 2008, 122 Stat. 4522. AMENDMENTS 2021—Pub. L. 116–283, § 1850(f), transferred subsec. (c) of section 2433 of this title to this section, struck out subsec. designation, and substituted ‘‘section 4372 of this title’’ for ‘‘subsection (b)’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 4374. Unit cost reports: determinations by serv- ice acquisition executive and secretary con- cerned of breach of significant cost growth threshold or critical cost growth threshold; reports to Congress (a) DETERMINATION OF BREACH BY SERVICE AC- QUISITION 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 ac- quisition program or any designated major sub- program under the program, the service acquisi- tion executive shall determine whether the cur- rent program acquisition unit cost for the pro- gram or subprogram has increased by a percent- age 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 AC- QUISITION EXECUTIVE WHEN PROGRAM OR SUBPRO- GRAM IS A PROCUREMENT PROGRAM.—When a unit cost report is submitted to the service acquisi- tion executive designated by the Secretary con- cerned under this chapter with respect to a major defense acquisition program or any des- ignated major subprogram under the program that is a procurement program, the service ac- quisition executive, in addition to the deter- mination under subsection (a), shall determine whether the procurement unit cost for the pro- gram or subprogram has increased by a percent- age 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 cur- rent program acquisition unit cost has in- creased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold or that the pro- curement unit cost has increased by a percent- age equal to or greater than the significant cost growth threshold or critical cost growth threshold, the Secretary shall notify Congress in writing of such determination and of the in- crease with respect to the program or subpro- gram concerned. (2) TIME FOR SUBMISSION OF NOTIFICATION TO CONGRESS.—In the case of a determination based on a quarterly report submitted in ac- cordance with section 4372 of this title, the Secretary shall submit the notification to Congress within 45 days after the end of the quarter. In the case of a determination based on a report submitted in accordance with sec- tion 4373 of this title, the Secretary shall sub- mit the notification to Congress within 45 days after the date of that report. (3) INCLUSION OF DATE OF DETERMINATION.— The Secretary shall include in the notification the date on which the determination was made. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1850(a), (g), Jan. 1, 2021, 134 Stat. 4265, 4267.) Editorial Notes CODIFICATION The text of subsec. (d) of section 2433 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1850(g)(1), was based on Pub. L. 97–252, title XI, § 1107(a)(1), Sept. 8, 1982, 96 Stat. 741, § 139b; Pub. L. 98–525, title XII, § 1242(b)(4), Oct. 19, 1984, 98 Stat. 2608; Pub. L. 99–145, title XIII, § 1303(a)(2), Nov. 8, 1985, 99 Stat. 738; renumbered § 2433, Pub. L. 99–433, title I, § 101(a)(5), Oct. 1, 1986, 100 Stat. 995; 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)(4), Nov. 29, 1989, 103 Stat. 1491; Pub. L. 102–484, div. A, title VIII, § 817(d)(4), Oct. 23, 1992, 106 Stat. 2457; Pub. L. 103–355, title III, §§ 3002(a)(2)(B), 3003(a)(2)(B), Oct. 13, 1994, 108 Stat. 3328, 3329; Pub. L. 105–85, div. A, title VIII, § 833(c), Nov. 18, 1997, 111 Stat. 1843; Pub. L. 109–163, div. A, title VIII, § 802(b)(2), Jan. 6, 2006, 119 Stat. 3368; Pub. L. 110–417, [div. A], title VIII, § 811(c)(4), Oct. 14, 2008, 122 Stat. 4523. AMENDMENTS 2021—Pub. L. 116–283, § 1850(g)(1), transferred subsec. (d) of section 2433 of this title to this section, struck out subsec. designation, and redesignated pars. (1) to (3) as subsecs. (a) to (c), respectively. Subsec. (a). Pub. L. 116–283, § 1850(g)(2), inserted head- ing and substituted ‘‘under this chapter’’ for ‘‘under this section’’. Subsec. (b). Pub. L. 116–283, § 1850(g)(3), inserted head- ing and substituted ‘‘under this chapter’’ for ‘‘under this section’’ and ‘‘subsection (a)’’ for ‘‘paragraph (1)’’. Subsec. (c). Pub. L. 116–283, § 1850(g)(4)(B), which di- rected amendment of subsec. (c) by designating second sentence as par. (2) and fourth sentence as par. (3), was executed by designating second and third sentences as par. (2) and fourth sentence as par. (3) to reflect the probable intent of Congress. Pub. L. 116–283, § 1850(g)(4)(A), inserted subsec. head- ing, designated first sentence as par. (1) and inserted par. heading. Subsec. (c)(2). Pub. L. 116–283, § 1850(g)(4)(C), inserted heading and substituted ‘‘section 4372 of this title’’ for ‘‘subsection (b)’’ and ‘‘section 4373 of this title’’ for ‘‘subsection (c)’’. Subsec. (c)(3). Pub. L. 116–283, § 1850(g)(4)(D), inserted heading. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.