Source
(Added Pub. L. 97–252, title XI, § 1107(a)(1),Sept. 8, 1982, 96 Stat. 739, § 139a; amended Pub. L. 98–525, title XII, § 1242(a),Oct. 19, 1984, 98 Stat. 2606; Pub. L. 99–145, title XII, § 1201,Nov. 8, 1985, 99 Stat. 715; renumbered § 2432 and amended Pub. L. 99–433, title I, §§ 101(a)(5),
110(d)(13), (g)(7),Oct. 1, 1986, 100 Stat. 995, 1003, 1004; Pub. L. 99–500, § 101(c) [title X, § 961(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–175, and Pub. L. 99–591, § 101(c) [title X, § 961(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–175; Pub. L. 99–661, div. A, title IX, formerly title IV, § 961(a),Nov. 14, 1986, 100 Stat. 3955, renumbered title IX, Pub. L. 100–26, § 3(5),Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(b)(3), (k)(2),Apr. 21, 1987, 101 Stat. 279, 284; Pub. L. 100–180, div. A, title XII, § 1233(a)(1), title XIII, § 1314(a)(1),Dec. 4, 1987, 101 Stat. 1161, 1175; Pub. L. 101–189, div. A, title VIII, § 811(c),Nov. 29, 1989, 103 Stat. 1493; Pub. L. 101–510, div. A, title XIV, §§ 1407(a)–(c), 1484(f)(4), Nov. 5, 1990, 104 Stat. 1681, 1717; Pub. L. 102–25, title VII, § 701(f)(3),Apr. 6, 1991, 105 Stat. 115; Pub. L. 102–190, div. A, title VIII, § 801(b)(2), title X, § 1061(a)(14),Dec. 5, 1991, 105 Stat. 1412, 1473; Pub. L. 102–484, div. A, title VIII, § 817(c),Oct. 23, 1992, 106 Stat. 2455; Pub. L. 103–355, title III, § 3002(a)(1), (b)–(h), Oct. 13, 1994, 108 Stat. 3328, 3329; Pub. L. 104–106, div. A, title XV, § 1502(a)(1),Feb. 10, 1996, 110 Stat. 502; Pub. L. 104–201, div. A, title VIII, § 806,Sept. 23, 1996, 110 Stat. 2606; Pub. L. 105–85, div. A, title VIII, § 841(c),Nov. 18, 1997, 111 Stat. 1843; Pub. L. 106–65, div. A, title X, § 1067(1),Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–107, div. A, title VIII, § 821(a),Dec. 28, 2001, 115 Stat. 1181; Pub. L. 108–136, div. A, title X, § 1045(a)(6),Nov. 24, 2003, 117 Stat. 1612; Pub. L. 108–375, div. A, title VIII, § 801(b)(2),Oct. 28, 2004, 118 Stat. 2004; Pub. L. 109–364, div. A, title X, § 1071(g)(10),Oct. 17, 2006, 120 Stat. 2402; Pub. L. 110–417, [div. A], title VIII, § 811(b),Oct. 14, 2008, 122 Stat. 4521; Pub. L. 112–81, div. A, title VIII, § 812,Dec. 31, 2011, 125 Stat. 1491.)
Codification
Amendments
2011—Subsec. (f).
Pub. L. 112–81substituted “45 days after the date” for “60 days after the date”.
2008—Subsec. (b)(2)(A).
Pub. L. 110–417, § 811(b)(1), inserted “for the program (or for each designated subprogram under the program)” after “procurement unit cost”.
Subsec. (c)(1)(B).
Pub. L. 110–417, § 811(b)(2)(A), inserted “or designated major subprogram” after “for each major defense acquisition program” and “or subprogram” after “the program”.
Subsec. (c)(1)(C).
Pub. L. 110–417, § 811(b)(2)(B), inserted “or designated major subprogram” after “major defense acquisition program” and “or subprogram” after “the program”.
Subsec. (c)(3)(A).
Pub. L. 110–417, § 811(b)(2)(C), inserted “and each designated major subprogram” after “for each major defense acquisition program”.
Subsec. (e)(3).
Pub. L. 110–417, § 811(b)(3)(A), inserted “for the program (or for each designated major subprogram under the program)” before period at end.
Subsec. (e)(5).
Pub. L. 110–417, § 811(b)(3)(B), inserted “(or for each designated major subprogram under the program)” before period at end.
Subsec. (e)(7).
Pub. L. 110–417, § 811(b)(3)(C), inserted “or subprogram” after “of the program” wherever appearing.
Subsec. (e)(8).
Pub. L. 110–417, § 811(b)(3)(D), inserted “and designated major subprograms under the program” after “the program”.
Subsec. (g).
Pub. L. 110–417, § 811(b)(4), inserted “or designated major subprogram” after “major defense acquisition program” and “or subprogram” after “the program” wherever appearing.
Subsec. (h)(2)(C).
Pub. L. 110–417, § 811(b)(5), inserted “and designated major subprograms under the program” after “the development program”.
2006—Subsec. (e)(7) to (9).
Pub. L. 109–364made technical correction to directory language of
Pub. L. 108–375, § 801(b)(2). See 2004 Amendment note below.
2004—Subsec. (e)(7) to (9).
Pub. L. 108–375, § 801(b)(2), as amended by
Pub. L. 109–364, added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively.
2003—Subsec. (h)(1).
Pub. L. 108–136inserted “program” after “for such” in first sentence.
2001—Subsecs. (b)(3)(A)(i), (c)(3)(A), (h)(1).
Pub. L. 107–107substituted “system development and demonstration” for “engineering and manufacturing development” wherever appearing.
1999—Subsecs. (b)(3)(B), (c)(2), (h)(1).
Pub. L. 106–65substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1997—Subsec. (h)(2)(D) to (F).
Pub. L. 105–85redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as follows: “The completion status of the development program expressed—
“(i) as the percentage that the number of years for which funds have been appropriated for the development program is of the number of years for which it is planned that funds will be appropriated for the program; and
“(ii) as the percentage that the amount of funds that have been appropriated for the development program is of the total amount of funds which it is planned will be appropriated for the program.”
1996—Subsec. (b)(3)(B).
Pub. L. 104–106substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.
Subsec. (c)(1).
Pub. L. 104–201, § 806(1), struck out “and” at end of subpar. (B), added subpar. (C), and redesignated former subpar. (C) as (D).
Subsec. (c)(2).
Pub. L. 104–106substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.
Subsec. (e)(8), (9).
Pub. L. 104–201, § 806(2), redesignated par. (9) as (8) and struck out former par. (8) which read as follows: “The completion status of the program (A) 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 (B) 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.”
Subsec. (h)(1).
Pub. L. 104–106substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.
1994—Subsec. (a)(2).
Pub. L. 103–355, § 3002(a)(1), struck out “for a fiscal year, reduced by the amount of funds programmed to be available for obligation for such fiscal year for advanced procurement for such program in any subsequent year and increased by any amount appropriated in years before such fiscal year for advanced procurement for such program in such fiscal year” after “procurement for the program” in cl. (A), “with such funds during such fiscal year” after “procured” in cl. (B), and last sentence which read as follows: “If for any fiscal year the funds appropriated, or the number of fully-configured end items to be purchased, differ from those programmed, the procurement unit cost shall be revised to reflect the appropriated amounts and quantities.”
Subsec. (a)(3).
Pub. L. 103–355, § 3002(b), inserted before period at end “and that is not a firm, fixed price contract”.
Subsec. (a)(4).
Pub. L. 103–355, § 3002(c), substituted “means all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control.” for “has the meaning given the term ‘cost of the program’ in section
2434
(b)(2) of this title.”
Subsec. (b)(3)(A)(i).
Pub. L. 103–355, § 3002(h)(1), struck out “full scale development or” before “engineering”.
Subsec. (c)(2).
Pub. L. 103–355, § 3002(d), substituted second sentence for former second sentence which read as follows: “The Secretary of Defense may approve changes in the content of the Selected Acquisition Report if the Secretary provides such Committees with written notification of such changes at least 60 days before the date of the report that incorporates the changes.”
Subsec. (c)(3)(A).
Pub. L. 103–355, § 3002(f)(2), (h)(2), substituted “engineering and manufacturing” for “full-scale engineering” and inserted at end “The Secretary of Defense shall ensure that this subparagraph is implemented in a uniform manner, to the extent practicable, throughout the Department of Defense.”
Subsec. (c)(3)(C).
Pub. L. 103–355, § 3002(e), struck out subpar. (C) which required production information for each major defense acquisition program included in report that is produced at rate of six units or more per year.
Subsec. (c)(5).
Pub. L. 103–355, § 3002(f)(1), struck out par. (5) which read as follows: “The Secretary of Defense shall ensure that paragraph (4) of subsection (a) is implemented in a uniform manner, to the extent practicable, throughout the Department of Defense.”
Subsec. (f).
Pub. L. 103–355, § 3002(g), struck out last sentence which read as follows: “A preliminary report shall be submitted for each annual Selected Acquisition Report within 30 days of the date on which the President submits the Budget to Congress.”
Subsec. (h)(1).
Pub. L. 103–355, § 3002(h)(3), substituted “engineering and manufacturing” for “full-scale engineering” in two places.
1992—Subsec. (a)(3).
Pub. L. 102–484, § 817(c)(1), added par. (3) and struck out former par. (3) which read as follows: “The term ‘major contract’, with respect to a major defense acquisition program, means (A) each prime contract under the program, and (B) each associate or Government-furnished equipment contract under the program that is one of the six largest contracts under the program in dollar amount and that is in excess of $40,000,000.”
Subsec. (b)(3).
Pub. L. 102–484, § 817(c)(2), added par. (3) and struck out former par. (3) which read as follows: “A status report on a particular major defense acquisition program need not be included in any Selected Acquisition Report with the approval of the Committees on Armed Services of the Senate and House of Representatives.”
Subsec. (c)(2).
Pub. L. 102–484, § 817(c)(3), added sentence at end and struck out former last sentence which read as follows: “A change in the content of the Selected Acquisition Report for the first quarter of a fiscal year from the content as reported for the first quarter of the previous fiscal year may not be made until appropriate officials of the Department of Defense consult with such Committees regarding the proposed changes.”
Subsec. (c)(3)(C)(i) to (vii).
Pub. L. 102–484, § 817(c)(4), added cls. (i) to (vii) and struck out former cls. (i) to (vii) which contained similar specification and estimation requirements.
1991—Subsec. (a)(4).
Pub. L. 102–190, § 801(b)(2), substituted “2434(b)(2)” for “2434(c)(2)”.
Subsec. (c)(5).
Pub. L. 102–25substituted “subsection (a)” for “section
2432
(a) of title
10, United States Code, as added by subsection (a)(2),”.
Subsec. (h)(2)(A).
Pub. L. 102–190, § 1061(a)(14), substituted “(b)(1) and (b)(3)” for “(c)(1) and (c)(3)”.
1990—Subsec. (a)(4).
Pub. L. 101–510, § 1407(b), added par. (4).
Subsec. (c)(3).
Pub. L. 101–510, § 1484(f)(4)(A), substituted “include the following:” for “include—” in introductory provisions.
Subsec. (c)(3)(A).
Pub. L. 101–510, § 1407(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a full life-cycle cost analysis for each major defense acquisition program included in the report that—
“(i) is in the full-scale engineering development stage or has completed that stage; and
“(ii) was first included in a Selected Acquisition Report for a quarter after the first quarter of fiscal year 1985;”.
Subsec. (c)(3)(B).
Pub. L. 101–510, § 1484(f)(4)(B), (C), substituted “If” for “if” and a period for “; and”.
Subsec. (c)(3)(C).
Pub. L. 101–510, § 1484(f)(4)(B), (D), substituted “Production” for “production” and “program) the following:” for “program)—” in introductory provisions, “Specification” for “specification” in cls. (i) to (iv), “Estimation” for “estimation” in cls. (v) to (vii), a period for a semicolon in cls. (i) to (v), and a period for “; and” in cl. (vi).
Subsec. (c)(5).
Pub. L. 101–510, § 1407(c), added par. (5).
1989—Subsec. (b)(2)(A).
Pub. L. 101–189substituted “15 percent increase in program acquisition unit cost and current procurement unit cost” for “5 percent change in total program cost”.
1987—
Pub. L. 100–180, § 1314(a)(1), made technical amendment to directory language of
Pub. L. 99–433, § 101(a)(5). See 1986 Amendment note below.
Subsec. (a).
Pub. L. 100–26, § 7(b)(3)(A), as amended by
Pub. L. 100–180, § 1233(a)(1), redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which defined “major defense acquisition program”.
Pub. L. 100–26, § 7(k)(2)(A), inserted “The term” after each par. designation and struck out uppercase letter of first word after first quotation marks in each par. and substituted lowercase letter.
Subsec. (a)(2).
Pub. L. 100–26, § 7(b)(3)(B), substituted “programmed” for “programed” wherever appearing.
1986—
Pub. L. 99–433, § 101(a)(5), as amended by
Pub. L. 100–180, § 1314(a)(1), renumbered section
139a of this title as this section.
Pub. L. 99–433, § 110(d)(13), struck out “Oversight of cost growth in major programs:” before “Selected Acquisition Reports” in section catchline.
Subsec. (a)(3).
Pub. L. 99–500and
Pub. L. 99–591, § 101(c) [§ 961(a)(1)],
Pub. L. 99–661, § 961(a)(1), amended par. (3) identically, inserting provision that if for any fiscal year the funds appropriated, or the number of fully-configured end items to be purchased, differ from those programmed, the procurement unit cost shall be revised to reflect the appropriated amounts and quantities.
Subsec. (a)(4).
Pub. L. 99–500and
Pub. L. 99–591, § 101(c) [§ 961(a)(2)],
Pub. L. 99–661, § 961(a)(2), amended par. (4) identically, substituting “$40,000,000” for “$2,000,000”.
Subsec. (b)(2)(B).
Pub. L. 99–500and
Pub. L. 99–591, § 101(c) [§ 961(a)(3)],
Pub. L. 99–661, § 961(a)(3), amended subpar. (B) identically, substituting “six-month” for “three-month”.
Subsec. (c)(1).
Pub. L. 99–433, § 110(g)(7), substituted “section
2431” for “section
139”.
Subsec. (c)(2).
Pub. L. 99–500and
Pub. L. 99–591, § 101(c) [§ 961(a)(4)],
Pub. L. 99–661, § 961(a)(4), amended subsec. (c) identically, enacting a new par. (2) and striking out former par. (2) which read as follows: “Each Selected Acquisition Report for the first quarter of a fiscal year shall be prepared and submitted with the same content as was used for the Selected Acquisition Report for the first quarter of fiscal year 1984.”
Subsec. (c)(3)(C).
Pub. L. 99–500and
Pub. L. 99–591, § 101(c) [§ 961(a)(5)],
Pub. L. 99–661, § 961(a)(5), amended subpar. (C) identically, inserting in provision preceding cl. (i) “that is produced at a rate of six units or more per year” after “report”.
Subsec. (h).
Pub. L. 99–500and
Pub. L. 99–591, § 101(c) [§ 961(a)(6)],
Pub. L. 99–661, § 961(a)(6), amended section identically, adding subsec. (h).
1985—Subsec. (c).
Pub. L. 99–145amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Each Selected Acquisition Report for the first quarter of a fiscal year shall include (1) the same information, in detailed and summarized form, as is provided in reports submitted under section
139 of this title, (2) the current program acquisition unit cost for each major defense acquisition program included in the report and the history of that cost from the date the program was first included in a Selected Acquisition Report to the end of the quarter for which the current report is submitted, and (3) such other information as the Secretary of Defense considers appropriate. Selected Acquisition Reports for the first quarter of a fiscal year shall be known as comprehensive annual Selected Acquisition Reports.”
1984—Subsec. (a)(3).
Pub. L. 98–525, § 1242(a)(1), substituted “funds programed to be available for obligation for procurement” for “procurement funds appropriated” and “of funds programed to be available for obligation” for “of funds appropriated”.
Subsec. (a)(4).
Pub. L. 98–525, § 1242(a)(2), inserted “and that is in excess of $2,000,000”.
Subsec. (b)(2).
Pub. L. 98–525, § 1242(a)(3), substituted “during the period since that report there has been— (A) less than a 5 percent change in total program cost; and (B) less than a three-month delay in any program schedule milestone shown in the Selected Acquisition Report” for “there has been no change in program cost, performance, or schedule since the most recent such report”.
Subsec. (f).
Pub. L. 98–525, § 1242(a)(4), substituted: “60” for “30”, “45” for “30, and “A preliminary report shall be submitted for each annual Selected Acquisition Report within 30 days of the date on which the President submits the Budget to Congress” for “If a preliminary report is submitted for the comprehensive annual Selected Acquisition Report in any year, the final report shall be submitted within 15 days after the submission of the preliminary report”.
Subsec. (g).
Pub. L. 98–525, § 1242(a)(5), added subsec. (g).
Effective Date of 2006 Amendment
Pub. L. 109–364, div. A, title X, § 1071(g),Oct. 17, 2006,
120 Stat. 2402, provided that the amendment made by section
1071
(g)(10) is effective as of Oct. 28, 2004, and as if included in
Pub. L. 108–375as enacted.
Effective Date of 2004 Amendment
Pub. L. 108–375, div. A, title VIII, § 801(c),Oct. 28, 2004,
118 Stat. 2004, provided that: “The amendments made by this section [amending this section and section
2433 of this title] shall take effect on the date occurring 60 days after the date of the enactment of this Act [Oct. 28, 2004], and shall apply with respect to reports due to be submitted to Congress on or after such date.”
Effective Date of 1990 Amendment
Section 1407(d) of
Pub. L. 101–510, as amended by
Pub. L. 102–25, title VII, § 704(a)(8),Apr. 6, 1991,
105 Stat. 119, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to Selected Acquisition Reports submitted under section
2432 of title
10, United States Code, after December 31, 1991.”
Effective Date of 1987 Amendment
Amendment by section 1233(a)(1) of
Pub. L. 100–180applicable as if included in enactment of the Defense Technical Corrections Act of 1987,
Pub. L. 100–26, see section 1233(c) of
Pub. L. 100–180, set out as a note under section
101 of this title.
Amendment by section 1314(a)(1) of
Pub. L. 100–180applicable 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
Section
101
(c) [title IX, § 961(c)] of
Pub. L. 99–500and
Pub. L. 99–591, and section 961(c) of title IX, formerly title IV, of
Pub. L. 99–661, renumbered title IX,
Pub. L. 100–26, § 3(5),Apr. 21, 1987,
101 Stat. 273, provided that: “The amendments made by subsections (a) and (b) [amending this section and section
2433 of this title] shall take effect on January 1, 1987.”
Effective Date
Section 1107(c) of
Pub. L. 97–252provided that: “Sections
139a and
139b [now 2432 and 2433] of title 10, United States Code, as added by subsection (a), shall take effect on January 1, 1983, and shall apply beginning with respect to reports for the first quarter of fiscal year 1983. The repeal made by subsection (b) [repealing
Pub. L. 94–106, as amended, set out as Reports to Congress of Acquisitions for Major Defense Systems note under section
2431 of this title] shall take effect on January 1, 1983.”
Selected Acquisition Reports for Certain Programs
Section 127 of
Pub. L. 100–180, as amended by
Pub. L. 102–484, div. A, title VIII, § 817(a),Oct. 23, 1992,
106 Stat. 2454, provided that:
“(a) SAR Coverage for ATB, ACM, and ATA Programs.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives, in accordance with the provisions of subsection (b) ofsection
2432 of title 10, United States Code, a Selected Acquisition Report with respect to each program referred to in subsection (b), notwithstanding that such a report would not otherwise be required under section
2432 of title
10, United States Code.
“(b) Covered Programs.—Subsection (a) applies to the Advanced Technology Bomber program, the Advanced Cruise Missile program, and the Advanced Tactical Aircraft program.
“(c) Selected Acquisition Report Defined.—As used in subsection (a), the term ‘Selected Acquisition Report’ means a report containing the information referred to in section
2432 of title
10, United States Code.”
Sense of Congress on Preparation of Certain Economic Impact and Employment Information Concerning New Acquisition Programs
Section 825 of
Pub. L. 100–180related to the sense of Congress on preparation of certain economic impact and employment information concerning new acquisition programs, prior to repeal by
Pub. L. 104–106, div. D, title XLIII, § 4321(i)(4),Feb. 10, 1996,
110 Stat. 676.
Duration of Assignment of Program Managers for Major Programs
Section 1243 of
Pub. L. 98–525, as amended by
Pub. L. 100–26, § 11(a)(1),Apr. 21, 1987,
101 Stat. 288, which related to waivable minimum four-year tour of duty of program managers for major defense acquisition programs, was repealed and restated in section
2435
(c) of this title by
Pub. L. 100–370, § 1(i),July 19, 1988,
102 Stat. 848.