Public Law 119-73 (01/23/2026)

10 U.S.C. § 4203

Major subprograms

(a)

Authority To Designate Major Subprograms as Subject to Acquisition Reporting Requirements .—

(1)
(A)
If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more categories of end items which differ significantly from each other in form and function, the Secretary may designate each such category of end items as a major subprogram for the purposes of acquisition reporting under this subpart.
(B)
If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more increments or blocks, the Secretary may designate each such increment or block as a major subprogram for the purposes of acquisition reporting under this subpart.
(2)
The Secretary shall notify the congressional defense committees in writing of any proposed designation pursuant to paragraph (1) not less than 30 days before the date such designation takes effect.
(b)

Reporting Requirements .—

(1)
If the Secretary designates a major subprogram of a major defense acquisition program in accordance with subsection (a), Selected Acquisition Reports, unit cost reports, and program baselines under this subpart shall reflect cost, schedule, and performance information—
(A)
for the major defense acquisition program as a whole (other than as provided in paragraph (2)); and
(B)
for each major subprogram of the major defense acquisition program so designated.
(2)
For a major defense acquisition program for which a designation of a major subprogram has been made under subsection (a), unit costs under this subpart shall be submitted in accordance with the definitions in subsection (d).
(c)

Requirement to Cover Entire Major Defense Acquisition Program .—

If a subprogram of a major defense acquisition program is designated as a major subprogram under subsection (a), all other elements of the major defense acquisition program shall be appropriately organized into one or more subprograms under the major defense acquisition program, each of which subprograms, as so organized, shall be treated as a major subprogram under subsection (a).
(d)

Definitions .—

section 4351(a) of this titleNotwithstanding paragraphs (1) and (2) of , in the case of a major defense acquisition program for which the Secretary has designated one or more major subprograms under this section for the purposes of this subpart—
(1)
the term “program acquisition unit cost” applies at the level of the subprogram and means the total cost for the development and procurement of, and specific military construction for, the major defense acquisition program that is reasonably allocable to each such major subprogram, divided by the relevant number of fully-configured end items to be produced under such major subprogram;
(2)
the term “procurement unit cost” applies at the level of the subprogram and means the total of all funds programmed to be available for obligation for procurement for each such major subprogram, divided by the number of fully-configured end items to be procured under such major subprogram;
(3)
the term “major contract”, with respect to a designated major subprogram, means each of the six largest prime, associate, or Government furnished equipment contracts under the subprogram that is in excess of $40,000,000 and that is not a firm-fixed price contract; and
(4)
the term “life cycle cost”, with respect to a designated major subprogram, means all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control.

Pub. L. 110–417122 Stat. 4520Pub. L. 111–383, div. A, title VIII, § 814(a)124 Stat. 4266Pub. L. 112–81, div. A, title IX, § 912125 Stat. 1536Pub. L. 114–328, div. A, title VIII, § 850130 Stat. 2295Pub. L. 116–283, div. A, title XVIII, § 1846(g)134 Stat. 4251Pub. L. 117–81, div. A, title XVII, § 1701o135 Stat. 2147(Added , [div. A], title VIII, § 811(a)(1), , , § 2430a; amended , , ; , , ; , , ; renumbered § 4203 and amended , , ; ()(6)(B)(ii), , .)

Editorial Notes

Amendments

Pub. L. 116–283, § 1846(g)(2)2021—, substituted “this subpart” for “this chapter” wherever appearing.

Pub. L. 116–283, § 1846(g)section 2430a of this title, renumbered as this section.

Pub. L. 116–283, § 1846(g)(1)Pub. L. 117–81, § 1701oSubsec. (d). , as amended by ()(6)(B)(ii), substituted “section 4351(a)” for “section 2432(a)” in introductory provisions.

Pub. L. 114–3282016—Subsec. (a)(1)(B). , which directed substitution of “major defense acquisition program requires the delivery of two or more increments or blocks” for “major defense acquisition program to purchase satellites requires the delivery of satellites in two or more increments or blocks” in par. (1)(B), was executed by making the substitution in par. (1)(B) of subsec. (a), to reflect the probable intent of Congress.

Pub. L. 112–812011—Subsec. (a)(1). designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 111–383Subsec. (b). designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), inserted “(other than as provided in paragraph (2))” before semicolon in subpar. (A), and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .