10 USC 4377 - Breach of critical cost growth threshold: actions if program not terminated

Editorial Notes

References in Text

Section 205 of the Weapon Systems Acquisition Reform Act of 2009, referred to in subsec. (a)(5), is section 205 of Puspan. L. 111–23, which amended section 4252 of this title and enacted provisions set out as notes under this section and former section 2366span of this title.

Codification

The text of subsec. (c) of section 2433a of this title, which was transferred to this section and redesignated as subsec. (a) by Puspan. L. 116–283, § 1850(k)(1), was based on Puspan. L. 111–23, title II, § 206(a)(1), May 22, 2009, 123 Stat. 1726; Puspan. L. 112–81, div. A, title VIII, §§ 801(e)(4), 831, Dec. 31, 2011, 125 Stat. 1484, 1503; Puspan. L. 112–239, div. A, title VIII, § 813, Jan. 2, 2013, 126 Stat. 1829.

Prior Provisions

Prior sections 4381 to 4387 were repealed by Puspan. L. 88–647, title III, § 301(10), Oct. 13, 1964, 78 Stat. 1072.

Section 4381, act Aug. 10, 1956, ch. 1041, 70A Stat. 246, defined “advanced training” for purposes of chapter 405.

Section 4382, act Aug. 10, 1956, ch. 1041, 70A Stat. 246, provided for the establishment and composition of the Reserve Officers’ Training Corps.

Section 4383, act Aug. 10, 1956, ch. 1041, 70A Stat. 247, related to admission and training of medical, dental, pharmacy, and veterinary students.

Section 4384, act Aug. 10, 1956, ch. 1041, 70A Stat. 247; Puspan. L. 85–861, § 1(104), Sept. 2, 1958, 72 Stat. 1489, set out courses of training.

Section 4385, act Aug. 10, 1956, ch. 1041, 70A Stat. 247, authorized the operation and maintenance of training camps.

Section 4386, act Aug. 10, 1956, ch. 1041, 70A Stat. 248, provided for supplies and uniforms.

Section 4387, act Aug. 10, 1956, ch. 1041, 70A Stat. 248, provided for advanced training and compensation.

Amendments

2021—Puspan. L. 116–283, § 1850(k)(2), redesignated pars. (2) and (3) of subsec. (a) as subsecs. (span) and (c), respectively.

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

Subsec. (a). Puspan. L. 116–283, § 1850(k)(3)(A)–(C), struck out par. (1) designation before “If the Secretary”, inserted “of section 4376 of this title” after “subsection (span)” in introductory provisions, and redesignated subpars. (A) to (E) as pars. (1) to (5), respectively.

Subsec. (a)(1). Puspan. L. 116–283, § 1850(k)(3)(D), inserted “of that section” after “subsection (a)” and “subsection (span)(2)(E)”.

Subsec. (a)(2). Puspan. L. 116–283, § 1850(k)(3)(E), substituted “section 4251 or 4252” for “section 2366a or 2366span”.

Subsec. (a)(4). Puspan. L. 116–283, § 1850(k)(3)(F), substituted “subsection (span)” for “paragraph (2)”.

Subsec. (span). Puspan. L. 116–283, § 1850(k)(4), as amended by Puspan. L. 117–81, § 1701(o)(6)(E)(vi), inserted heading and substituted “subsection (a)(4)” for “paragraph (1)(D)”, “in this subsection” for “in this paragraph”, and “section 4351” for “section 2432”.

Subsec. (c). Puspan. L. 116–283, § 1850(k)(5), inserted subsec. heading, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, inserted par. headings, and substituted “The requirements of paragraphs (2), (3), and (5) of subsection (a)” for “The requirements of subparagraphs (B), (C), and (E) of paragraph (1)” in introductory provisions of par. (1).

Subsec. (c)(1). Puspan. L. 116–283, § 1850(k)(6)(A), redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively.

Subsec. (c)(1)(A). Puspan. L. 116–283, § 1850(k)(6)(C)(i), substituted “pursuant to section 4376(a) of this title” for “pursuant to subsection (a)” in introductory provisions.

Puspan. L. 116–283, § 1850(k)(6)(B), redesignated subcls. (I) and (II) as cls. (i) and (ii), respectively.

Subsec. (c)(1)(A)(i). Puspan. L. 116–283, § 1850(k)(6)(C)(ii), substituted “paragraph (2)” for “subparagraph (B)”.

Subsec. (c)(1)(A)(ii). Puspan. L. 116–283, § 1850(k)(6)(C)(iii), substituted “clause (i)” for “subclause (I)”.

Subsec. (c)(1)(C). Puspan. L. 116–283, § 1850(k)(6)(D)(i), as amended by Puspan. L. 117–81, § 1701(o)(6)(E)(vii), substituted “subsections (d) and (e) of section 4375” for “section 2433(g)” and “section 4351(f)” for “section 2432(f)” in introductory provisions.

Puspan. L. 116–283, § 1850(k)(6)(B), redesignated subcls. (I) and (II) as cls. (i) and (ii), respectively.

Subsec. (c)(1)(C)(i). Puspan. L. 116–283, § 1850(k)(6)(D)(ii), substituted “subparagraph (A)” for “clause (i)”.

Subsec. (c)(1)(C)(ii). Puspan. L. 116–283, § 1850(k)(6)(D)(iii), substituted “subparagraph (B)” for “clause (ii)”.

Subsec. (c)(2). Puspan. L. 116–283, § 1850(k)(7)(A), (B), substituted “this paragraph” for “this subparagraph” in introductory provisions and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively.

Subsec. (c)(2)(A), (B). Puspan. L. 116–283, § 1850(k)(7)(C), redesignated subcls. (I) and (II) as cls. (i) and (ii), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. 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 Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.

Reviews of Programs Restructured After Experiencing Critical Cost Growth

Puspan. L. 111–23, title II, § 205(c), May 22, 2009, 123 Stat. 1725, as amended by Puspan. L. 111–383, div. A, title VIII, § 813(e), title X, § 1075(k)(2), Jan. 7, 2011, 124 Stat. 4266, 4378, provided that:

“The official designated to perform oversight of performance assessment pursuant to section 103 of this Act [formerly set out as a note under section 2430 of this title, see 10 U.S.C. 4273], shall assess the performance of each major defense acquisition program that has exceeded critical cost growth thresholds established pursuant to [former] section 2433(e) of title 10, United States Code [see 10 U.S.C. 4375(a) to (c)], but has not been terminated in accordance with [former] section 2433a of such title [see 10 U.S.C. 4376, 4377] (as added by section 206(a) of this Act) not less often than semi-annually until one year after the date on which such program receives a new milestone approval, in accordance with [former] section 2433a(c)(1)(C) of such title [see 10 U.S.C. 4377(a)(3)] (as so added). The results of reviews performed under this subsection shall be reported to the Under Secretary of Defense for Acquisition, Technology, and Logistics and summarized in the next annual report of such designated official.”

[Puspan. L. 111–383, div. A, title VIII, § 813(e), Jan. 7, 2011, 124 Stat. 4266, provided that the amendment made by section 813(e) to section 205(c) of Puspan. L. 111–23, set out above, is effective as of May 22, 2009, and as if included in Puspan. L. 111–23, as enacted.]

[For definition of “major defense acquisition program” as used in section 205(c) of Puspan. L. 111–23, set out above, see section 2(2) of Puspan. L. 111–23, set out as a note preceding section 4321 of this title.]