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119th Congress

Title 10 — Armed Forces

Part V · Chapter 325 — Cost Growth—Unit Cost Reports (nunn-Mccurdy)

§ 4372. Unit cost reports: quarterly report from program manager to service acquisition executive

Statutory text

(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) 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 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.

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.

  1. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1850(a) · 134 Stat. 3388

    Enacted · 10 U.S.C. § 4372

    Added and amended Pub. L. 116–283, div. A, title XVIII, § 1850(a), (e), Jan. 1, 2021, 134 Stat. 4265, 4266

    Source evidence

    Code source credit
    Added and amended Pub. L. 116–283, div. A, title XVIII, § 1850(a), (e), Jan. 1, 2021, 134 Stat. 4265, 4266

    Enacted provision · exact public law section
    (a) Restatement of Sections 2433 and 2433a.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended by inserting after chapter 324, as added by the preceding section, the following new chapter: “CHAPTER 325— COST GROWTH—UNIT COST REPORTS (NUNN-MCCURDY) “Sec. “4371. Cost growth definitions; applicability of reporting requirements; constant base year dollars. “4372. Unit cost reports: quarterly report from program manager to service acquisition executive. “4373. Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold. “4374. Unit cost reports: determinations by service acquisition executive and secretary concerned of breach of significant cost growth threshold or critical cost growth threshold; reports to Congress. “4375. Breach of significant cost growth threshold or critical cost growth threshold: required action. “4376. Breach of critical cost growth threshold: reassessment of program; presumption of program termination. “4377. Breach of critical cost growth threshold: actions if program not terminated. “§ 4371. Cost growth definitions; applicability of reporting requirements; constant base year dollars “§ 4372. Unit cost reports: quarterly report from program manager to service acquisition executive “§ 4373. Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold “§ 4374. Unit cost reports: determinations by service acquisition executive and secretary concerned of breach of significant cost growth threshold or critical cost growth threshold; reports to Congress “§ 4375. Breach of significant cost growth threshold or critical cost growth threshold: required action “§ 4376. Breach of critical cost growth threshold: reassessment of program; presumption of program termination “§ 4377. Breach of critical cost growth threshold: actions if program not terminated” .

    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 Effective Date note below.

  2. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1850(e)(3) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4372(a)

      Pub. L. 116–283, § 1850(e)(3), designated first and second sentences as pars. (1) and (2), respectively

    2. Inserted · 10 U.S.C. § 4372(a)

      Pub. L. 116–283, § 1850(e)(3), inserted subsec. and par. headings

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 1850(e)(3), designated first and second sentences as pars. (1) and (2), respectively, and inserted subsec. and par. headings.

    Enacted provision · exact public law section
    (3) Designation of new paragraphs (1) and (2).— Subsection (a) of such section, as redesignated by paragraph (1), is amended— (A) by striking “The program manager for” and inserting “ Required Reports.— “(1) Requirement.— The program manager for” ; and (B) by designating the second sentence as paragraph (2) and inserting “Time for submittal.—” before “Each report”.

    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 Effective Date note below.

  3. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1850(e)(2) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4372(a)

      Pub. L. 116–283, § 1850(e)(2), as amended by Pub. L. 117–81, § 1701(b)(18)

    2. Amended · 10 U.S.C. § 4372(a)

      Pub. L. 116–283, § 1850(e)(2), as designated third sentence of subsec. (a) as (b)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (2) Designation of new subsection (b).— Such section 4372, as redesignated by paragraph (1), is amended by designating the third sentence as subsection (b) and inserting “Matter to Be Included in Unit Cost Reports.—” therein before “The program manager shall”.

    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 Effective Date note below.

  4. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1850(e)(1) · 134 Stat. 3388

    Redesignated · 10 U.S.C. § 4372(a)

    Pub. L. 116–283, § 1850(e)(1), transferred subsec. (b) of section 2433 of this title to this section and redesignated it as subsec. (a)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1850(e)(1), transferred subsec. (b) of section 2433 of this title to this section and redesignated it as subsec. (a).

    Enacted provision · exact public law section
    (1) Transfer.— Subsection (b) of section 2433 of title 10, United States Code, is transferred to section 4372 of such title, as added by subsection (a), inserted after the section heading, and redesignated as subsection (a).

    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 Effective Date note below.

  5. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1850(e)(4)(A) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4372(a)(1)

      Pub. L. 116–283, § 1850(e)(4)(A), as amended by Pub. L. 117–81, § 1701(o)(6)(E)(iii)

    2. Substituted · 10 U.S.C. § 4372(a)(1)

      Pub. L. 116–283, § 1850(e)(4)(A), as substituted “section 4351(b)(3)” for “section 2432(b)(3)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–283, § 1850(e)(4)(A), as amended by Pub. L. 117–81, § 1701(o)(6)(E)(iii), substituted “section 4351(b)(3)” for “section 2432(b)(3)”.

    Enacted provision · exact public law section
    (A) in paragraph (1) of subsection (a), as designated by paragraph (3)(A), by striking “section 2432(b)(3)” and inserting “section 4352(c)”; 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 Effective Date note below.

  6. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1850(e)(2) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4372(b)

      Pub. L. 116–283, § 1850(e)(2), as amended by Pub. L. 117–81, § 1701(b)(18)

    2. Amended · 10 U.S.C. § 4372(b)

      Pub. L. 116–283, § 1850(e)(2), as designated third sentence of subsec. (a) as (b)

    3. Inserted · 10 U.S.C. § 4372(b)

      Pub. L. 116–283, § 1850(e)(2), as inserted heading

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) Designation of new subsection (b).— Such section 4372, as redesignated by paragraph (1), is amended by designating the third sentence as subsection (b) and inserting “Matter to Be Included in Unit Cost Reports.—” therein before “The program manager shall”.

    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 Effective Date note below.

  7. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1850(e)(4)(B) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4372(b)(4)

    Pub. L. 116–283, § 1850(e)(4)(B), substituted “section 4214” for “section 2435”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 116–283, § 1850(e)(4)(B), substituted “section 4214” for “section 2435”.

    Enacted provision · exact public law section
    (B) in paragraph (4) of subsection (b), as designated by paragraph (2), by striking “section 2435” and inserting “section 4214”.

    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 Effective Date note below.

12 of 12 references resolved to an enrolled provision

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), , 96 Stat. 741, § 139b; Pub. L. 98–525, title XII, § 1242(b)(2), , 98 Stat. 2607; renumbered § 2433 and amended Pub. L. 99–433, title I, §§ 101(a)(5), 110(g)(8)(B), , 100 Stat. 995, 1004; Pub. L. 99–500, § 101(c) [title X, § 961(b)(1)], , 100 Stat. 1783–82, 1783–176, and Pub. L. 99–591, § 101(c) [title X, § 961(b)(1)], , 100 Stat. 3341–82, 3341–176; Pub. L. 99–661, div. A, title IX, formerly title IV, § 961(b)(1), , 100 Stat. 3956, renumbered title IX, Pub. L. 100–26, § 3(5), , 101 Stat. 273; Pub. L. 100–180, div. A, title XIII, § 1314(a)(1), , 101 Stat. 1175; Pub. L. 101–189, div. A, title VIII, § 811(a)(2), , 103 Stat. 1490; Pub. L. 102–484, div. A, title VIII, § 817(d)(2), , 106 Stat. 2456; Pub. L. 103–355, title III, § 3003(b), , 108 Stat. 3329; Pub. L. 108–375, div. A, title VIII, § 801(a), , 118 Stat. 2004; Pub. L. 110–417, [div. A], title VIII, § 811(c)(2), , 122 Stat. 4522.

Amendments

2021—Subsec. (a). Pub. L. 116–283, § 1850(e)(3), designated 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 redesignated 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), substituted “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), substituted “section 4214” for “section 2435”.

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 Effective Date note below.

Effective Date

Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.

Credits

2021 · 2 acts
  1. 2021Added and amended Pub. L. 116–283, div. A, title XVIII, § 1850(a), (e), , 134 Stat. 4265, 4266
  2. 2021Pub. L. 117–81, div. A, title XVII, § 1701(b)(18), (o)(6)(E)(iii), , 135 Stat. 2135, 2148.
Show as published

(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1850(a), (e), , 134 Stat. 4265, 4266; Pub. L. 117–81, div. A, title XVII, § 1701(b)(18), (o)(6)(E)(iii), , 135 Stat. 2135, 2148.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s4372