§ 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

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(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 significant cost growth threshold or critical cost growth threshold, the Secretary shall notify Congress in writing of such determination and of the increase with respect to the program or subprogram concerned.

(2)Time for submission of notification to congress.— In the case of a determination based on a quarterly report submitted in accordance 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 section 4373 of this title, the Secretary shall submit 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.)

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Cited by 19 sections · top 8

public-private-law

Public Law 116-283
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

U.S. Code

statute-compilations

Sec. 1850
COST GROWTH—UNIT COST REPORTS (NUNN-MCCURDY)

statutes-at-large

Public Law 116–283
To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes

Traces to 5 documents

U.S. Code

public-private-law

William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Public Law 116-283

23 references not yet in our index

134 Stat. 4265
Pub. L. 97–252, title XI, § 1107(a)(1)
96 Stat. 741
Pub. L. 98–525, title XII, § 1242(b)(4)
98 Stat. 2608
Pub. L. 99–145, title XIII, § 1303(a)(2)
99 Stat. 738
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)(4)
103 Stat. 1491
Pub. L. 102–484, div. A, title VIII, § 817(d)(4)
106 Stat. 2457
Pub. L. 103–355, title III
108 Stat. 3328
Pub. L. 105–85, div. A, title VIII, § 833(c)
111 Stat. 1843
Pub. L. 109–163, div. A, title VIII, § 802(b)(2)
119 Stat. 3368
Pub. L. 110–417
122 Stat. 4523

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cites case law

§ 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

U.S.C.×16

Pub. L.×1

Stat. Comp.×1

Stat.×1

U.S.C.§ 4372

U.S.C.§ 4373

Pub. L.Public Law 116-283

U.S.C.§ 2433

U.S.C.§ 3001

Stat.134 Stat. 4265

Pub. L.Pub. L. 97–252, title XI, § 1107(a)(1)

Stat.96 Stat. 741

Pub. L.Pub. L. 98–525, title XII, § 1242(b)(4)

Stat.98 Stat. 2608

Cites 28 · showing 10Cited by 19 across 4 sources