§ 4203. Major subprograms

Statutory text

Authority To Designate Major Subprograms as Subject to Acquisition Reporting Requirements.—

If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more categories of end items which differ significantly from each other in form and function, the Secretary may designate each such category of end items as a major subprogram for the purposes of acquisition reporting under this subpart.

If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more increments or blocks, the Secretary may designate each such increment or block as a major subprogram for the purposes of acquisition reporting under this subpart.

The Secretary shall notify the congressional defense committees in writing of any proposed designation pursuant to paragraph (1) not less than 30 days before the date such designation takes effect.

Reporting Requirements.—

If the Secretary designates a major subprogram of a major defense acquisition program in accordance with subsection (a), Selected Acquisition Reports, unit cost reports, and program baselines under this subpart shall reflect cost, schedule, and performance information—

for the major defense acquisition program as a whole (other than as provided in paragraph (2)); and

for each major subprogram of the major defense acquisition program so designated.

For a major defense acquisition program for which a designation of a major subprogram has been made under subsection (a), unit costs under this subpart shall be submitted in accordance with the definitions in subsection (d).

Requirement to Cover Entire Major Defense Acquisition Program.—

If a subprogram of a major defense acquisition program is designated as a major subprogram under subsection (a), all other elements of the major defense acquisition program shall be appropriately organized into one or more subprograms under the major defense acquisition program, each of which subprograms, as so organized, shall be treated as a major subprogram under subsection (a).

Definitions.—

Notwithstanding paragraphs (1) and (2) of section 4351(a) of this title, in the case of a major defense acquisition program for which the Secretary has designated one or more major subprograms under this section for the purposes of this subpart—

the term “program acquisition unit cost” applies at the level of the subprogram and means the total cost for the development and procurement of, and specific military construction for, the major defense acquisition program that is reasonably allocable to each such major subprogram, divided by the relevant number of fully-configured end items to be produced under such major subprogram;

the term “procurement unit cost” applies at the level of the subprogram and means the total of all funds programmed to be available for obligation for procurement for each such major subprogram, divided by the number of fully-configured end items to be procured under such major subprogram;

the term “major contract”, with respect to a designated major subprogram, means each of the six largest prime, associate, or Government furnished equipment contracts under the subprogram that is in excess of $40,000,000 and that is not a firm-fixed price contract; and

the term “life cycle cost”, with respect to a designated major subprogram, means all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2008
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 · 122 Stat. 4356
Enacted · 10 U.S.C. § 4203
Added Pub. L. 110–417, [div. A], title VIII, § 811(a)(1), Oct. 14, 2008, 122 Stat. 4520, § 2430a
Source evidence
Code source credit
Added Pub. L. 110–417, [div. A], title VIII, § 811(a)(1), Oct. 14, 2008, 122 Stat. 4520, § 2430a
2011
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 div. A title VIII § 814(a) · 124 Stat. 4137
1. Amended · 10 U.S.C. § 4203(b)
  Pub. L. 111–383 designated existing provisions as par. (1)
2. Redesignated · 10 U.S.C. § 4203(b)
  Pub. L. 111–383 redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1)
3. Inserted · 10 U.S.C. § 4203(b)
  Pub. L. 111–383 inserted “(other than as provided in paragraph (2))” before semicolon in subpar. (A)
4. Added · 10 U.S.C. § 4203(b)
  Pub. L. 111–383 added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 111–383 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), inserted “(other than as provided in paragraph (2))” before semicolon in subpar. (A), and added par. (2).
Enacted provision · exact public law section
(a) Reporting Requirements.— Section 2430a(b) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting “(1)” before “If the Secretary”; (3) in subparagraph (A), as so redesignated, by inserting “(other than as provided in paragraph (2))” before the semicolon; and (4) by adding at the end the following new paragraph: “(2) For a major defense acquisition program for which a designation of a major subprogram has been made under subsection (a), unit costs under this chapter shall be submitted in accordance with the definitions in subsection (d).” .
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title IX § 912 · 125 Stat. 1298
1. Amended · 10 U.S.C. § 4203(a)(1)
  Pub. L. 112–81 designated existing provisions as subpar. (A)
2. Added · 10 U.S.C. § 4203(a)(1)
  Pub. L. 112–81 added subpar. (B)
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 112–81 designated existing provisions as subpar. (A) and added subpar. (B).
Enacted provision · exact public law section
SEC. 912. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF SATELLITES AS MAJOR SUBPROGRAMS SUBJECT TO ACQUISITION REPORTING REQUIREMENTS. Section 2430a(a)(1) of title 10, United States Code, is amended— (1) by inserting “(A)” before “If the Secretary of Defense determines”; and (2) by adding at the end the following new subparagraph: “(B) If the Secretary of Defense determines that a major defense acquisition program to purchase satellites requires the delivery of satellites in two or more increments or blocks, the Secretary may designate each such increment or block as a major subprogram for the purposes of acquisition reporting under this chapter.” .
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title VIII § 850 · 130 Stat. 2000
Substituted · 10 U.S.C. § 4203(a)(1)(B)
Pub. L. 114–328, which directed substitution of “major defense acquisition program requires the delivery of two or more increments or blocks” for “major defense acquisition program to purchase satellites requires the delivery of satellites in two or more increments or blocks” in par. (1)(B), was executed by making the substitution in par. (1)(B) of subsec. (a), to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 114–328, which directed substitution of “major defense acquisition program requires the delivery of two or more increments or blocks” for “major defense acquisition program to purchase satellites requires the delivery of satellites in two or more increments or blocks” in par. (1)(B), was executed by making the substitution in par. (1)(B) of subsec. (a), to reflect the probable intent of Congress.
Enacted provision · exact public law section
SEC. 850. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF ITEMS DELIVERED UNDER MAJOR DEFENSE ACQUISITION PROGRAMS AS MAJOR SUBPROGRAMS FOR PURPOSES OF ACQUISITION REPORTING. Section 2430a(1)(B) of title 10, United States Code, is amended by striking “major defense acquisition program to purchase satellites requires the delivery of satellites in two or more increments or blocks” and inserting “major defense acquisition program requires the delivery of two or more increments or blocks”.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(g)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4203
Pub. L. 116–283, § 1846(g)(2), substituted “this subpart” for “this chapter” wherever appearing
Source evidence
Code amendment note
Pub. L. 116–283, § 1846(g)(2), substituted “this subpart” for “this chapter” wherever appearing.
Enacted provision · exact public law section
(2) by striking “this chapter” each place it appears and inserting “this subpart”.
Effective date note
Amendment by Pub. L. 117–81 applicable as if included 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 note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(g) · 134 Stat. 3388
Changed · 10 U.S.C. § 4203
Pub. L. 116–283, § 1846(g), renumbered section 2430a of this title as this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1846(g), renumbered section 2430a of this title as this section.
Enacted provision · exact public law section
(g) Transfer of Section 2430a.— Section 2430a of such title is transferred to chapter 321 of such title, as added by subsection (b), inserted after section 4202, redesignated as section 4203, and amended— (1) by striking “section 2432(a)” in subsection (d) and inserting “section 4351”; and (2) by striking “this chapter” each place it appears and inserting “this subpart”.
Effective date note
Amendment by Pub. L. 117–81 applicable as if included 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 note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(g)(1) · 134 Stat. 3388
1. Amended · 10 U.S.C. § 4203(d)
  Pub. L. 116–283, § 1846(g)(1), as amended by Pub. L. 117–81, § 1701(o)(6)(B)(ii)
2. Substituted · 10 U.S.C. § 4203(d)
  Pub. L. 116–283, § 1846(g)(1), as substituted “section 4351(a)” for “section 2432(a)” in introductory provisions
Source evidence
Code amendment note
Subsec. (d). Pub. L. 116–283, § 1846(g)(1), as amended by Pub. L. 117–81, § 1701(o)(6)(B)(ii), substituted “section 4351(a)” for “section 2432(a)” in introductory provisions.
Enacted provision · exact public law section
(1) by striking “section 2432(a)” in subsection (d) and inserting “section 4351”; and
Effective date note
Amendment by Pub. L. 117–81 applicable as if included 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 note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

11 of 12 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments2011–2021 · 3 rounds

2021

Pub. L. 116–283, § 1846(g)(2), substituted “this subpart” for “this chapter” wherever appearing.

Pub. L. 116–283, § 1846(g), renumbered section 2430a of this title as this section.

Subsec. (d). Pub. L. 116–283, § 1846(g)(1), as amended by Pub. L. 117–81, § 1701(o)(6)(B)(ii), substituted “section 4351(a)” for “section 2432(a)” in introductory provisions.

2016

Subsec. (a)(1)(B). Pub. L. 114–328, which directed substitution of “major defense acquisition program requires the delivery of two or more increments or blocks” for “major defense acquisition program to purchase satellites requires the delivery of satellites in two or more increments or blocks” in par. (1)(B), was executed by making the substitution in par. (1)(B) of subsec. (a), to reflect the probable intent of Congress.

2011

Subsec. (a)(1). Pub. L. 112–81 designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (b). Pub. L. 111–383 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), inserted “(other than as provided in paragraph (2))” before semicolon in subpar. (A), and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included 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 note below.

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Credits

2008–2021 · 6 acts

2008Added Pub. L. 110–417, [div. A], title VIII, § 811(a)(1), Oct. 14, 2008, 122 Stat. 4520, § 2430a
2011amended Pub. L. 111–383, div. A, title VIII, § 814(a), Jan. 7, 2011, 124 Stat. 4266
2011Pub. L. 112–81, div. A, title IX, § 912, Dec. 31, 2011, 125 Stat. 1536
2016Pub. L. 114–328, div. A, title VIII, § 850, Dec. 23, 2016, 130 Stat. 2295
2021renumbered § 4203 and amended Pub. L. 116–283, div. A, title XVIII, § 1846(g), Jan. 1, 2021, 134 Stat. 4251
2021Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(B)(ii), Dec. 27, 2021, 135 Stat. 2147.

Show as published

(Added Pub. L. 110–417, [div. A], title VIII, § 811(a)(1), Oct. 14, 2008, 122 Stat. 4520, § 2430a; amended Pub. L. 111–383, div. A, title VIII, § 814(a), Jan. 7, 2011, 124 Stat. 4266; Pub. L. 112–81, div. A, title IX, § 912, Dec. 31, 2011, 125 Stat. 1536; Pub. L. 114–328, div. A, title VIII, § 850, Dec. 23, 2016, 130 Stat. 2295; renumbered § 4203 and amended Pub. L. 116–283, div. A, title XVIII, § 1846(g), Jan. 1, 2021, 134 Stat. 4251; Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(B)(ii), Dec. 27, 2021, 135 Stat. 2147.)