
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2433]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
             CHAPTER 144--MAJOR DEFENSE ACQUISITION PROGRAMS
 
Sec. 2433. Unit cost reports

    (a) In this section:
        (1) The terms ``program acquisition unit cost'', ``procurement 
    unit cost'', and ``major contract'' have the same meanings as 
    provided in section 2432(a) of this title.
        (2) The term ``Baseline Estimate'', with respect to a unit cost 
    report that is submitted under this section to the service 
    acquisition executive designated by the Secretary concerned on a 
    major defense acquisition program, means the cost estimate included 
    in the baseline description for the program under section 2435 of 
    this title.
        (3) The term ``procurement program'' means a program for which 
    funds for procurement are authorized to be appropriated in a fiscal 
    year.

    (b) 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 2432(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. Each report shall be submitted not more than 
30 calendar days after the end of that quarter. 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.
        (2) In the case of a procurement program, the procurement unit 
    cost.
        (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 2435 of this title that are known, expected, or anticipated 
    by the program manager.

    (c) If the program manager of a major defense acquisition program 
for which a unit cost report has previously been submitted under 
subsection (b) determines at any time during a quarter that there is 
reasonable cause to believe--
        (1) that the program acquisition unit cost for the program has 
    increased by at least 15 percent over the program acquisition unit 
    cost for the program as shown in the Baseline Estimate; or
        (2) in the case of a major defense acquisition program that is a 
    procurement program, that the procurement unit cost for the program 
    has increased by at least 15 percent over the procurement unit cost 
    for the program as reflected in the Baseline Estimate;

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 subsection (b).
    (d)(1) When a unit cost report is submitted to the service 
acquisition executive designated by the Secretary concerned under this 
section with respect to a major defense acquisition program, the service 
acquisition executive shall determine whether the current program 
acquisition unit cost for the program has increased by at least 15 
percent, or by at least 25 percent, over the program acquisition unit 
cost for the program as shown in the Baseline Estimate.
    (2) When a unit cost report is submitted to the service acquisition 
executive designated by the Secretary concerned under this section with 
respect to a major defense acquisition program that is a procurement 
program, the service acquisition executive, in addition to the 
determination under paragraph (1), shall determine whether the 
procurement unit cost for the program has increased by at least 15 
percent, or by at least 25 percent, over the procurement unit cost for 
the program as reflected in the Baseline Estimate.
    (3) If, based upon the service acquisition executive's 
determination, the Secretary concerned determines that the current 
program acquisition unit cost has increased by at least 15 percent, or 
by at least 25 percent, as determined under paragraph (1) or that the 
procurement unit cost has increased by at least 15 percent, or by at 
least 25 percent, as determined under paragraph (2), the Secretary shall 
notify Congress in writing of such determination and of the increase 
with respect to such program. In the case of a determination based on a 
quarterly report submitted in accordance with subsection (b), 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 subsection (c), the Secretary shall submit 
the notification to Congress within 45 days after the date of that 
report. The Secretary shall include in the notification the date on 
which the determination was made.
    (e)(1)(A) Except as provided in subparagraph (B), whenever the 
Secretary concerned determines under subsection (d) that the program 
acquisition unit cost or the procurement unit cost of a major defense 
acquisition program has increased by at least 15 percent, a Selected 
Acquisition Report shall be submitted to Congress for the first fiscal-
year quarter ending on or after the date of the determination or for the 
fiscal-year quarter which immediately precedes the first fiscal-year 
quarter ending on or after that date. The report shall include the 
information described in section 2432(e) of this title and shall be 
submitted in accordance with section 2432(f) of this title.
    (B) Whenever the Secretary makes a determination referred to in 
subparagraph (A) in the case of a major defense acquisition program 
during the second quarter of a fiscal year and before the date on which 
the President transmits the budget for the following fiscal year to 
Congress pursuant to section 1105 of title 31, the Secretary is not 
required to file a Selected Acquisition Report under subparagraph (A) 
but shall include the information described in subsection (g) regarding 
that program in the comprehensive annual Selected Acquisition Report 
submitted in that quarter.
    (2) If the percentage increase in the program acquisition unit cost 
or procurement unit cost of a major defense acquisition program (as 
determined by the Secretary under subsection (d)) exceeds 25 percent, 
the Secretary of Defense shall submit to Congress, before the end of the 
30-day period beginning on the day the Selected Acquisition Report 
containing the information described in subsection (g) is required to be 
submitted under section 2432(f) of this title--
        (A) a written certification, stating that--
            (i) such acquisition program is essential to the national 
        security;
            (ii) there are no alternatives to such acquisition program 
        which will provide equal or greater military capability at less 
        cost;
            (iii) the new estimates of the program acquisition unit cost 
        or procurement unit cost are reasonable; and
            (iv) the management structure for the acquisition program is 
        adequate to manage and control program acquisition unit cost or 
        procurement unit cost; and

        (B) if a report under paragraph (1) has been previously 
    submitted to Congress with respect to such program for the current 
    fiscal year but was based upon a different unit cost report from the 
    program manager to the service acquisition executive designated by 
    the Secretary concerned, a further report containing the information 
    described in subsection (g), determined from the time of the 
    previous report to the time of the current report.

    (3) If a determination of an increase of at least 15 percent is made 
by the Secretary under subsection (d) and a Selected Acquisition Report 
containing the information described in subsection (g) is not submitted 
to Congress under paragraph (1), or if a determination of an increase of 
at least 25 percent is made by the Secretary under subsection (d) and 
the certification of the Secretary of Defense is not submitted to 
Congress under paragraph (2), funds appropriated for military 
construction, for research, development, test, and evaluation, and for 
procurement may not be obligated for a major contract under the program. 
The prohibition on the obligation of funds for a major defense 
acquisition program shall cease to apply at the end of a period of 30 
days of continuous session of Congress (as determined under section 
7307(b)(2) of this title) beginning on the date--
        (A) on which Congress receives the Selected Acquisition Report 
    under paragraph (1) or (2)(B) with respect to that program, in the 
    case of a determination of an increase of at least 15 percent (as 
    determined in subsection (d)); or
        (B) on which Congress has received both the Selected Acquisition 
    Report under paragraph (1) or (2)(B) and the certification of the 
    Secretary of Defense under paragraph (2)(A) with respect to that 
    program, in the case of an increase of at least 25 percent (as 
    determined under subsection (d)).

    (f) Any determination of a percentage increase under this section 
shall be stated in terms of constant base year dollars (as described in 
section 2430 of this title).
    (g)(1) Except as provided in paragraph (2), each report under 
subsection (e) with respect to a major defense acquisition program shall 
include the following:
        (A) The name of the major defense acquisition program.
        (B) The date of the preparation of the report.
        (C) The program phase as of the date of the preparation of the 
    report.
        (D) The estimate of the program acquisition cost for the program 
    as shown in the Selected Acquisition Report in which the program was 
    first included, expressed in constant base-year dollars and in 
    current dollars.
        (E) The current program acquisition cost in constant base-year 
    dollars and in current dollars.
        (F) A statement of the reasons for any increase in program 
    acquisition unit cost or procurement unit cost.
        (G) The completion status of the program (i) expressed as the 
    percentage that the number of years for which funds have been 
    appropriated for the program is of the number of years for which it 
    is planned that funds will be appropriated for the program, and (ii) 
    expressed as the percentage that the amount of funds that have been 
    appropriated for the program is of the total amount of funds which 
    it is planned will be appropriated for the program.
        (H) The fiscal year in which information on the program was 
    first included in a Selected Acquisition Report (referred to in this 
    paragraph as the ``base year'') and the date of that Selected 
    Acquisition Report in which information on the program was first 
    included.
        (I) The type of the Baseline Estimate that was included in the 
    baseline description under section 2435 of this title and the date 
    of the Baseline Estimate.
        (J) The current change and the total change, in dollars and 
    expressed as a percentage, in the program acquisition unit cost, 
    stated both in constant base-year dollars and in current dollars.
        (K) The current change and the total change, in dollars and 
    expressed as a percentage, in the procurement unit cost, stated both 
    in constant base-year dollars and in current dollars and the 
    procurement unit cost for the succeeding fiscal year expressed in 
    constant base-year dollars and in current year dollars.
        (L) The quantity of end items to be acquired under the program 
    and the current change and total change, if any, in that quantity.
        (M) The identities of the military and civilian officers 
    responsible for program management and cost control of the program.
        (N) The action taken and proposed to be taken to control future 
    cost growth of the program.
        (O) Any changes made in the performance or schedule milestones 
    of the program and the extent to which such changes have contributed 
    to the increase in program acquisition unit cost or procurement unit 
    cost.
        (P) The following contract performance assessment information 
    with respect to each major contract under the program:
            (i) The name of the contractor.
            (ii) The phase that the contract is in at the time of the 
        preparation of the report.
            (iii) The percentage of work under the contract that has 
        been completed.
            (iv) Any current change and the total change, in dollars and 
        expressed as a percentage, in the contract cost.
            (v) The percentage by which the contract is currently ahead 
        of or behind schedule.
            (vi) A narrative providing a summary explanation of the most 
        significant occurrences, including cost and schedule variances 
        under major contracts of the program, contributing to the 
        changes identified and a discussion of the effect these 
        occurrences will have on future program costs and the program 
        schedule.

    (2) If a program acquisition unit cost increase or a procurement 
unit cost increase for a major defense acquisition program that results 
in a report under this subsection is due to termination or cancellation 
of the entire program, only the information specified in clauses (A) 
through (F) of paragraph (1) and the percentage change in program 
acquisition unit cost or procurement unit cost that resulted in the 
report need be included in the report. The certification of the 
Secretary of Defense under subsection (e) is not required to be 
submitted for termination or cancellation of a program.
    (h) Reporting under this section shall not apply if a program has 
received a limited reporting waiver under section 2432(h) of this title.

(Added Pub. L. 97-252, title XI, Sec. 1107(a)(1), Sept. 8, 1982, 96 
Stat. 741, Sec. 139b; amended Pub. L. 98-94, title XII, Sec. 1268(1), 
Sept. 24, 1983, 97 Stat. 705; Pub. L. 98-525, title XII, Sec. 1242(b), 
Oct. 19, 1984, 98 Stat. 2607; Pub. L. 99-145, title XIII, 
Sec. 1303(a)(2), Nov. 8, 1985, 99 Stat. 738; renumbered Sec. 2433 and 
amended Pub. L. 99-433, title I, Secs. 101(a)(5), 110(d)(14), (g)(8), 
Oct. 1, 1986, 100 Stat. 995, 1003, 1004; Pub. L. 99-500, Sec. 101(c) 
[title X, Sec. 961(b)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-176, and 
Pub. L. 99-591, Sec. 101(c) [title X, Sec. 961(b)], Oct. 30, 1986, 100 
Stat. 3341-82, 3341-176; Pub. L. 99-661, div. A, title IX, formerly 
title IV, Sec. 961(b), Nov. 14, 1986, 100 Stat. 3956, renumbered title 
IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 
100-26, Sec. 7(b)(4), (k)(7), Apr. 21, 1987, 101 Stat. 279, 284; Pub. L. 
100-180, div. A, title XIII, Sec. 1314(a)(1), Dec. 4, 1987, 101 Stat. 
1175; Pub. L. 101-189, div. A, title VIII, Sec. 811(a), Nov. 29, 1989, 
103 Stat. 1490; Pub. L. 101-510, div. A, title XIV, Sec. 1484(k)(10), 
Nov. 5, 1990, 104 Stat. 1719; Pub. L. 102-484, div. A, title VIII, 
Sec. 817(d), Oct. 23, 1992, 106 Stat. 2456; Pub. L. 103-35, title II, 
Sec. 201(i)(2), May 31, 1993, 107 Stat. 100; Pub. L. 103-355, title III, 
Secs. 3002(a)(2), 3003, Oct. 13, 1994, 108 Stat. 3328, 3329; Pub. L. 
105-85, div. A, title VIII, Sec. 833, Nov. 18, 1997, 111 Stat. 1842.)

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


                               Amendments

    1997--Subsec. (c). Pub. L. 105-85, Sec. 833(a), in concluding 
provisions, struck out ``during the current fiscal year (other than the 
last quarterly unit cost report under subsection (b) for the preceding 
fiscal year)'' after ``designated by the Secretary concerned''.
    Subsec. (c)(1) to (3). Pub. L. 105-85, Sec. 833(b), inserted ``or'' 
at end of par. (1), struck out ``or'' at end of par. (2), and struck out 
par. (3), which read as follows: ``that cost variances or schedule 
variances of a major contract under the program have resulted in an 
increase in the cost of the contract of at least 15 percent over the 
cost of the contract as of the time the contract was made;''.
    Subsec. (d)(3). Pub. L. 105-85, Sec. 833(c), struck out ``(for the 
first time since the beginning of the current fiscal year)'' after ``the 
Secretary concerned determines''.
    1994--Subsec. (a)(2). Pub. L. 103-355, Sec. 3003(a)(1)(A), 
substituted ``Baseline Estimate'' for ``Baseline Selected Acquisition 
Report'' and ``cost estimate included in the baseline description for 
the program under section 2435 of this title.'' for ``Selected 
Acquisition Report in which information on the program is first included 
or the comprehensive annual Selected Acquisition Report for the fiscal 
year immediately before the fiscal year containing the quarter with 
respect to which the unit cost report is submitted, whichever is 
later.''
    Subsec. (a)(4). Pub. L. 103-355, Sec. 3003(a)(1)(B), struck out par. 
(4) which defined ``Baseline Report''.
    Subsec. (b)(3). Pub. L. 103-355, Sec. 3003(b), substituted 
``contract was entered into'' for ``Baseline Report was submitted''.
    Subsec. (c). Pub. L. 103-355, Secs. 3002(a)(2)(A), 3003(a)(2)(A), 
(c), struck out par. (1) designation and par. (2), redesignated subpars. 
(A) to (C) as pars. (1) to (3), respectively, substituted ``Baseline 
Estimate'' for ``Baseline Report'' in pars. (1) and (2), and struck out 
``current'' before ``procurement unit cost'' in par. (2). Prior to 
amendment, former par. (2) related to submission of unit cost reports by 
major defense acquisition program manager to service acquisition 
executive designated by Secretary of Defense in certain circumstances.
    Subsec. (d)(1). Pub. L. 103-355, Sec. 3003(a)(2)(B), substituted 
``Baseline Estimate'' for ``Baseline Report''.
    Subsec. (d)(2). Pub. L. 103-355, Secs. 3002(a)(2)(B), 3003(a)(2)(B), 
struck out ``current'' before ``procurement unit cost'' and substituted 
``Baseline Estimate'' for ``Baseline Report''.
    Subsec. (d)(3). Pub. L. 103-355, Sec. 3002(a)(2)(B), struck out 
``current'' before ``procurement unit cost''.
    Subsec. (e)(1)(A), (2). Pub. L. 103-355, Sec. 3002(a)(2)(C), struck 
out ``current'' before ``procurement unit cost''.
    Subsec. (f). Pub. L. 103-355, Sec. 3003(d), substituted ``be stated 
in terms of constant base year dollars (as described in section 2430 of 
this title)'' for ``include expected inflation''.
    Subsec. (g)(1)(I). Pub. L. 103-355, Sec. 3003(e), amended subpar. 
(I) generally. Prior to amendment, subpar. (I) read as follows: ``The 
type of the Baseline Report (under subsection (a)(4)) and the date of 
the Baseline Report.''
    1993--Subsec. (e)(3). Pub. L. 103-35 substituted ``an increase of at 
least 15 percent'' for ``a at least 15 percent increase'' in 
introductory provisions and in subpar. (A), and substituted ``an 
increase of at least 25 percent'' for ``a at least 25 percent increase'' 
in introductory provisions and in subpar. (B).
    1992--Subsec. (a)(4)(C). Pub. L. 102-484, Sec. 817(d)(1), 
substituted ``(e)(2)(B)'' for ``(e)(2)(B)(ii)''.
    Subsec. (b). Pub. L. 102-484, Sec. 817(d)(2), substituted ``30 
calendar days'' for ``7 days (excluding Saturdays, Sundays, and legal 
public holidays)'' in second sentence.
    Subsec. (c)(1)(A), (B), (2)(A), (B). Pub. L. 102-484, 
Sec. 817(d)(3), substituted ``at least'' for ``more than''.
    Subsec. (d)(1), (2). Pub. L. 102-484, Sec. 817(d)(4)(A), substituted 
``at least'' for ``more than'' wherever appearing.
    Subsec. (d)(3). Pub. L. 102-484, Sec. 817(d)(4)(B), substituted ``at 
least'' for ``more than'' wherever appearing and ``program. In the case 
of a determination based on a quarterly report submitted in accordance 
with subsection (b), 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 subsection 
(c), the Secretary shall submit the notification to Congress within 45 
days after the date of that report. The Secretary shall include in the 
notification the date on which the determination was made.'' for 
``program within 30 days after the date on which the service acquisition 
executive reports his determination of such increase in such unit cost 
to the Secretary and shall include in such notification the date on 
which the determination was made.''
    Subsec. (e)(1)(A). Pub. L. 102-484, Sec. 817(d)(5)(A), added subpar. 
(A) and struck out former subpar. (A) which read as follows: ``Except as 
provided in subparagraph (B), whenever the Secretary concerned 
determines under subsection (d) that the current program acquisition 
cost of a major defense acquisition program has increased by more than 
15 percent, a Selected Acquisition Report shall be submitted to Congress 
for the first fiscal-year quarter ending on or after the date of the 
determination and such report shall include the information described in 
section 2432(e) of this title. The report shall be submitted within 45 
days after the end of that quarter.''
    Subsec. (e)(2). Pub. L. 102-484, Sec. 817(d)(5)(B), substituted 
``program acquisition unit cost or current procurement unit cost'' for 
``current program acquisition cost''.
    Subsec. (e)(3). Pub. L. 102-484, Sec. 817(d)(5)(C), substituted ``at 
least'' for ``more than'' wherever appearing.
    1990--Subsec. (c). Pub. L. 101-510 struck out ``the'' before ``such 
service acquisition executive'' wherever appearing.
    1989--Subsec. (a)(2). Pub. L. 101-189, Sec. 811(a)(1)(A), inserted 
``the service acquisition executive designated by'' before ``the 
Secretary concerned''.
    Subsec. (a)(4). Pub. L. 101-189, Sec. 811(a)(1)(B)(i), inserted 
``the service acquisition executive designated by'' before ``the 
Secretary concerned'' in introductory provisions.
    Subsec. (a)(4)(A). Pub. L. 101-189, Sec. 811(a)(1)(B)(ii), 
substituted ``Selected Acquisition Report submitted under subsection 
(e)(2)(B) that includes information on'' for ``unit cost report 
submitted under subsection (e)(2)(B)(ii) with respect to''.
    Subsec. (a)(4)(B). Pub. L. 101-189, Sec. 811(a)(1)(B)(iii), 
substituted ``subsection (e)(2)(B) with respect to the program during 
that three-quarter period, the most recent Selected Acquisition Report 
submitted under subsection (e)(1) that includes information on the 
program'' for ``subsection (e)(2)(B)(ii) with respect to the program 
during that three-quarter period, the most recent unit cost report 
submitted under subsection (e)(1) with respect to the program''.
    Subsec. (b). Pub. L. 101-189, Sec. 811(a)(2)(A), amended 
introductory provisions generally. Prior to amendment, introductory 
provisions read as follows: ``The program manager for a defense 
acquisition program that as of the end of a fiscal-year quarter is a 
major defense acquisition program (other than a program not required to 
be included in the Selected Acquisition Report for that quarter under 
section 2432(b)(3) of this title) shall, after the end of that quarter, 
submit to the Secretary concerned a written report on the unit costs of 
the program. Each report for the first quarter of a fiscal year shall be 
submitted not more than 7 days (excluding Saturdays, Sundays, and legal 
public holidays) after the date on which the President transmits the 
Budget to Congress for the following fiscal year, and each report for 
other quarters shall be submitted not more than 7 days (excluding 
Saturdays, Sundays, and legal public holidays) after the end of that 
quarter. 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):''.
    Subsec. (b)(4). Pub. L. 101-189, Sec. 811(a)(2)(B), substituted 
``description established under section 2435 of this title'' for 
``Selected Acquisition Report''.
    Subsec. (c)(1). Pub. L. 101-189, Sec. 811(a)(3)(A), in introductory 
provisions, struck out ``fiscal-year'' after ``time during a'', and in 
concluding provisions, inserted ``the service acquisition executive 
designated by'' before ``the Secretary concerned during'' and 
substituted ``(other than the last quarterly unit cost report under 
subsection (b) for the preceding fiscal year)'' for ``(other than the 
unit cost report under subsection (b) for the last quarter of the 
preceding fiscal year)'' and ``such service acquisition executive a 
unit'' for ``Secretary concerned a unit''.
    Subsec. (c)(2). Pub. L. 101-189, Sec. 811(a)(3)(B), in introductory 
provisions, inserted ``the service acquisition executive designated by'' 
before ``the Secretary concerned a unit'' and substituted ``(other than 
the last quarterly unit cost report under subsection (b) for the 
preceding fiscal year)'' for ``(other than the unit cost report under 
subsection (b) for the last quarter of the preceding fiscal year)'', and 
in cls. (A), (B), and (C), and concluding provisions, substituted ``such 
service acquisition executive'' for ``Secretary concerned''.
    Subsec. (d)(1). Pub. L. 101-189, Sec. 811(a)(4)(A), inserted ``the 
service acquisition executive designated by'' before ``the Secretary 
concerned'' and substituted ``service acquisition executive shall 
determine'' for ``Secretary shall determine''.
    Subsec. (d)(2). Pub. L. 101-189, Sec. 811(a)(4)(B), inserted ``the 
service acquisition executive designated by'' before ``the Secretary 
concerned under'' and substituted ``service acquisition executive, in 
addition to the determination under paragraph (1), shall determine'' for 
``Secretary concerned shall, in addition to the determination under 
paragraph (1), determine''.
    Subsec. (d)(3). Pub. L. 101-189, Sec. 811(a)(4)(C), substituted par. 
(3) consisting of a single par., for former par. (3) consisting of 
subpars. (A) and (B).
    Subsec. (e)(1), (2). Pub. L. 101-189, Sec. 811(a)(5)(A), added pars. 
(1) and (2) and struck out former pars. (1) and (2) which contained 
exceptions to the prohibitions in subsec. (d)(3)(B)(i) and (ii).
    Subsec. (e)(3). Pub. L. 101-189, Sec. 811(a)(5)(B), in introductory 
provisions, inserted ``If a determination of a more than 15 percent 
increase is made by the Secretary under subsection (d) and a Selected 
Acquisition Report containing the information described in subsection 
(g) is not submitted to Congress under paragraph (1), or if a 
determination of a more than 25 percent increase is made by the 
Secretary under subsection (d) and the certification of the Secretary of 
Defense is not submitted to Congress under paragraph (2), funds 
appropriated for military construction, for research, development, test, 
and evaluation, and for procurement may not be obligated for a major 
contract under the program.'' and struck out ``in subsection (d)(3)(B)'' 
after ``prohibition'', in subpar. (A), substituted ``Selected 
Acquisition Report'' for ``report of the Secretary concerned'' and 
``(2)(B)'' for ``(2)(B)(ii)'', and in subpar. (B), substituted 
``Selected Acquisition Report'' for ``report of the Secretary 
concerned'', ``(2)(B)'' for ``(2)(B)(ii)'', and ``(2)(A)'' for 
``(2)(B)(i)''.
    Subsec. (g)(2). Pub. L. 101-189, Sec. 811(a)(6), inserted at end 
``The certification of the Secretary of Defense under subsection (e) is 
not required to be submitted for termination or cancellation of a 
program.''
    1987--Pub. L. 100-180 made technical amendment to directory language 
of Pub. L. 99-433, Sec. 101(a)(5). See 1986 Amendment note below.
    Subsec. (a)(1). Pub. L. 100-26, Sec. 7(b)(4), substituted ``(1) The 
terms `program' '' for ``(1) `Major defense acquisition program', 
`program' ''.
    Subsec. (a)(2). Pub. L. 100-26, Sec. 7(k)(7)(A), inserted ``The 
term'' after par. designation.
    Subsec. (a)(3). Pub. L. 100-26, Sec. 7(k)(7)(B), substituted ``The 
term `procurement' '' for `` `Procurement' ''.
    Subsec. (a)(4). Pub. L. 100-26, Sec. 7(k)(7)(A), inserted ``The 
term'' after par. designation.
    1986--Pub. L. 99-433, Sec. 101(a)(5), as amended by Pub. L. 100-180, 
Sec. 1314(a)(1), renumbered section 139b of this title as this section.
    Pub. L. 99-433, Sec. 110(d)(14), substituted ``Unit cost reports'' 
for ``Oversight of cost growth of major programs: unit cost reports'' in 
section catchline.
    Subsec. (a)(1). Pub. L. 99-433, Sec. 110(g)(8)(A), substituted 
``section 2432(a)'' for ``section 139a(a)''.
    Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) 
[Sec. 961(b)(1)], Pub. L. 99-661, Sec. 961(b)(1), amended subsec. (b) 
identically, inserting ``(excluding Saturdays, Sundays, and legal public 
holidays)'' in two places in second sentence.
    Pub. L. 99-433, Sec. 110(g)(8)(B), substituted ``section 
2432(b)(3)'' for ``section 139a(b)(3)'' in first sentence.
    Subsec. (h). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) 
[Sec. 961(b)(2)], Pub. L. 99-661, Sec. 961(b)(2), amended section 
identically, adding subsec. (h).
    1985--Subsec. (d)(3)(B)(i). Pub. L. 99-145 inserted ``percent'' 
after ``15''.
    1984--Subsec. (a)(4). Pub. L. 98-525, Sec. 1242(b)(1), added par. 
(4).
    Subsec. (b). Pub. L. 98-525, Sec. 1242(b)(2)(A), (B), struck out 
``not more than 7 days'' before ``after the end of that quarter'' and 
inserted ``Each report for the first quarter of a fiscal year shall be 
submitted not more than 7 days after the date on which the President 
transmits the Budget to Congress for the following fiscal year, and each 
report for other quarters shall be submitted not more than 7 days after 
the end of that quarter.''
    Subsec. (b)(3). Pub. L. 98-525, Sec. 1242(b)(2)(C), substituted 
``Baseline Report'' for ``baseline Selected Acquisition Report''.
    Subsec. (c)(1)(A), (B). Pub. L. 98-525, Sec. 1242(b)(3), substituted 
``Baseline Report'' for ``baseline Selected Acquisition Report''.
    Subsec. (d)(1), (2). Pub. L. 98-525, Sec. 1242(b)(4)(A), substituted 
``Baseline Report'' for ``baseline Selected Acquisition Report''.
    Subsec. (d)(3)(B). Pub. L. 98-525, Sec. 1242(b)(4)(B)(i), 
substituted ``funds appropriated for military construction, for 
research, development, test, and evaluation, and for procurement may not 
be obligated for a major contract under the program'' for ``additional 
funds may not be obligated in connection with such program''.
    Subsec. (d)(3)(B)(i). Pub. L. 98-525, Sec. 1242(b)(4)(B)(ii), struck 
out ``but less than 25 percent'' after ``more than 15''.
    Subsec. (e)(1). Pub. L. 98-525, Sec. 1242(b)(5)(A), substituted 
``subsection (d)(3)(B)(i)'' for ``subsection (d)(3)(B)'' and inserted 
``more than'' before ``15 percent''.
    Subsec. (e)(2). Pub. L. 98-525, Sec. 1242(b)(5)(B), substituted 
``subsection (d)(3)(B)(ii)'' for ``subsection (d)(3)(B)'' and inserted 
``more than'' before ``25 percent''.
    Subsec. (e)(2)(A). Pub. L. 98-525, Sec. 1242(b)(5)(B)(iii), inserted 
``and the Secretary concerned submits to Congress, before the end of the 
30-day period referred to in subsection (d)(3)(B)(i), a report 
containing the information described in subsection (g)''.
    Subsec. (e)(2)(B). Pub. L. 98-525, Sec. 1242(b)(5)(B)(iv), 
substituted ``subsection (d)(3)(B)(ii)'' for ``such subsection''.
    Subsec. (e)(3). Pub. L. 98-525, Sec. 1242(b)(5)(C), substituted ``at 
the end of a period of 30 days of continuous session of Congress (as 
determined under section 7307(b)(2) of this title) beginning on the 
date--
        ``(A) on which Congress receives the report of the Secretary 
    concerned under paragraph (1) or (2)(B)(ii) with respect to that 
    program, in the case of a determination of a more than 15 percent 
    increase (as determined in subsection (d)); or
        ``(B) on which Congress has received both the report of the 
    Secretary concerned under paragraph (1) or (2)(B)(ii) and the 
    certification of the Secretary of Defense under paragraph (2)(B)(i) 
    with respect to that program, in the case of a more than 25 percent 
    increase (as determined under subsection (d)).'',
for ``in the case of a program to which it would otherwise apply if, 
after such prohibition has taken effect, the Committees on Armed 
Services of the Senate and House of Representatives waive the 
prohibition with respect to such program.''
    Subsec. (g)(1)(I). Pub. L. 98-525, Sec. 1242(b)(6)(A), substituted 
``The type of the Baseline Report (under subsection (a)(4)) and the date 
of the Baseline Report'' for ``The date of the baseline Selected 
Acquisition Report''.
    Subsec. (g)(1)(K). Pub. L. 98-525, Sec. 1242(b)(6)(B), required the 
report to include the procurement unit cost for the succeeding fiscal 
year expressed in constant base-year dollars and in current year 
dollars.
    1983--Subsec. (g)(2). Pub. L. 98-94 substituted ``procurement'' for 
``procurment''.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-180 applicable as if included in enactment 
of the Goldwater-Nichols Department of Defense Reorganization Act of 
1986, Pub. L. 99-433, see section 1314(e) of Pub. L. 100-180, set out as 
a note under section 743 of this title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 
effective Jan. 1, 1987, see section 101(c) [Sec. 961(c)] of Pub. L. 99-
500 and Pub. L. 99-591, and section 961(c) of Pub. L. 99-661, set out as 
a note under section 2432 of this title.


                             Effective Date

    Section effective Jan. 1, 1983, and applicable beginning with 
respect to reports for first quarter of fiscal year 1983, see section 
1107(c) of Pub. L. 97-252, set out as a note under section 2432 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 2435 of this title.
