Title 10 — Armed Forces
Part V · Chapter 325 — Cost Growth—Unit Cost Reports (nunn-Mccurdy)
§ 4373. Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold
Statutory text
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 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.
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.
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. § 4373
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1850(a), (f), 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), (f), 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” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1850(f) · 134 Stat. 3388
Struck · 10 U.S.C. § 4373
Pub. L. 116–283, § 1850(f), transferred subsec. (c) of section 2433 of this title to this section, struck out subsec. designation
Substituted · 10 U.S.C. § 4373
Pub. L. 116–283, § 1850(f), transferred subsec. (c) of section 2433 of this title to this section, substituted “section 4372 of this title” for “subsection (b)” in two places
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(f) Transfer of Subsection (c) of Section 2433.— Subsection (c) of section 2433 of title 10, United States Code, is transferred to section 4373 of such title, as added by subsection (a), inserted after the section heading, and amended— (1) by striking the subsection designation; and (2) by striking “subsection (b)” both places it appears and inserting “section 4372 of this title”.
3 of 3 references resolved to an enrolled provision
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), , 96 Stat. 741, § 139b; Pub. L. 98–525, title XII, § 1242(b)(3), , 98 Stat. 2608; renumbered § 2433, Pub. L. 99–433, title I, § 101(a)(5), , 100 Stat. 995; Pub. L. 100–180, div. A, title XIII, § 1314(a)(1), , 101 Stat. 1175; Pub. L. 101–189, div. A, title VIII, § 811(a)(3), , 103 Stat. 1490; Pub. L. 101–510, div. A, title XIV, § 1484(k)(10), , 104 Stat. 1719; Pub. L. 102–484, div. A, title VIII, § 817(d)(3), , 106 Stat. 2457; Pub. L. 103–355, title III, §§ 3002(a)(2)(A), 3003(a)(2)(A), (c), , 108 Stat. 3328, 3329; Pub. L. 105–85, div. A, title VIII, § 833(a), (b), , 111 Stat. 1842, 1843; Pub. L. 109–163, div. A, title VIII, § 802(b)(1), , 119 Stat. 3368; Pub. L. 110–417, [div. A], title VIII, § 811(c)(3), , 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 , 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
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1850(a), (f), , 134 Stat. 4265, 4266.)