US Code

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

10 U.S.C. § 4214

Baseline description

(a)

Baseline Description Requirement .—

(1)
The Secretary of a military department shall establish a baseline description for each major defense acquisition program and for each designated major subprogram under the program under the jurisdiction of such Secretary.
(2)
The baseline shall include sufficient parameters to describe the cost estimate (referred to as the “Baseline Estimate” in sections 4371 through 4375 of this title), schedule, performance, supportability, and any other factor of such major defense acquisition program or designated major subprogram.
(b)

Funding Limit .—

No amount appropriated or otherwise made available to the Department of Defense for carrying out a major defense acquisition program or any designated major subprogram under the program may be obligated after the program or subprogram enters system development and demonstration without an approved baseline description unless such obligation is specifically approved by the Under Secretary of Defense for Acquisition and Sustainment.
(c)

Schedule .—

A baseline description for a major defense acquisition program or any designated major subprogram under the program shall be prepared under this section—
(1)
before the program or subprogram enters system development and demonstration;
(2)
before the program or subprogram enters production and deployment; and
(3)
before the program or subprogram enters full rate production.
(d)

Original Baseline Estimate .—

(1)
In this subpart, the term “original Baseline Estimate”, with respect to a major defense acquisition program or any designated major subprogram under the program, means the baseline description established with respect to the program or subprogram under subsection (a) prepared before the program or subprogram enters system development and demonstration, or at program or subprogram initiation, whichever occurs later, without adjustment or revision (except as provided in paragraph (2)).
(2)
section 4374 of this title An adjustment or revision of the original baseline description of a major defense acquisition program or any designated major subprogram under the program may be treated as the original Baseline Estimate for the program or subprogram for purposes of this chapter only if the percentage increase in the program acquisition unit cost or procurement unit cost under such adjustment or revision exceeds the critical cost growth threshold for the program or subprogram under sections 4371 through 4375 of this title, as determined by the Secretary of the military department concerned under .
(3)
section 4351 of this title In the event of an adjustment or revision of the original baseline description of a major defense acquisition program or any designated major subprogram under the program, the Secretary of Defense shall include in the next Selected Acquisition Report to be submitted under after such adjustment or revision a notification to the congressional defense committees of such adjustment or revision, together with the reasons for such adjustment or revision.
(e)

Regulations .—

The Secretary of Defense shall prescribe regulations governing the following:
(1)
The content of baseline descriptions under this section.
(2)
The submission to the Secretary of the military department concerned and the Under Secretary of Defense for Acquisition and Sustainment by the program manager for a program for which there is an approved baseline description (or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms) under this section of reports of deviations from any such baseline description of the cost, schedule, performance, supportability, or any other factor of the program or subprogram.
(3)
Procedures for review of such deviation reports within the Department of Defense.
(4)
Procedures for submission to, and approval by, the Secretary of Defense of revised baseline descriptions.

Pub. L. 99–500, § 101(c) [title X, § 904(a)(1)]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title X, § 904(a)(1)]100 Stat. 3341–82Pub. L. 99–661, div. A, title IX100 Stat. 3912Pub. L. 100–26, § 3(5)101 Stat. 273Pub. L. 100–26, § 7(b)(6)101 Stat. 280Pub. L. 100–180, div. A, title VIII, § 803(a)101 Stat. 1125Pub. L. 100–370, § 1(i)(1)102 Stat. 848Pub. L. 100–456, div. A, title XII, § 1233l102 Stat. 2058Pub. L. 101–189, div. A, title VIII, § 811(b)103 Stat. 1493Pub. L. 101–510, div. A, title XII, § 1207(b)104 Stat. 1665Pub. L. 103–160, div. A, title IX, § 904(d)(1)107 Stat. 1728Pub. L. 103–355, title III, § 3005(a)108 Stat. 3330Pub. L. 107–107, div. A, title VIII, § 821(d)115 Stat. 1182Pub. L. 109–163, div. A, title VIII, § 802(d)(1)119 Stat. 3369Pub. L. 109–364, div. A, title VIII, § 806120 Stat. 2315Pub. L. 110–417122 Stat. 4524Pub. L. 116–92, div. A, title IX, § 902(71)133 Stat. 1551Pub. L. 116–283, div. A, title XVIII, § 1847(b)(4)134 Stat. 4254Pub. L. 117–81, div. A, title XVII, § 1701o135 Stat. 2147(Added , , , 1783–133, and , , , 3341–133, § 2435; , formerly title IV, § 904(a)(1), , , renumbered title IX, , , ; amended , , ; , , ; , , ; ()(4), , ; , , ; , title XIV, § 1484(k)(11), , , 1719; , , ; , , ; , title X, § 1048(b)(2), , , 1225; , , ; , , ; , [div. A], title VIII, § 811(d), , ; , , ; renumbered § 4214 and amended , , ; ()(6)(C)(i), , .)

Historical and Revision Notes

Act1988

Pub. L. 98–525, title XII, § 124398 Stat. 2609Pub. L. 100–26, § 110(a)(1)101 Stat. 288Subsection (c) is based on , , , as amended by , , .

Editorial Notes

Codification

Pub. L. 110–417, § 811(d)(2)(B), (3)(B), (4)(B)(i), which directed amendment of this section by inserting “or subprogram” after “the program” in subsec. (b) and after “the program” each place it appeared in subsecs. (c) and (d), was executed by making the insertions after “the program” each place it appeared in those subsecs. except after “designated major subprogram under the program”, to reflect the probable intent of Congress.

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

Pub. L. 99–500Pub. L. 99–591Pub. L. 99–661, , and added identical sections.

Amendments

Pub. L. 116–283, § 1847(b)(4)section 2435 of this title2021—, renumbered as this section.

Pub. L. 116–283, § 1847(b)(4)(A)Subsec. (a)(2). , substituted “sections 4371 through 4375” for “section 2433”.

Pub. L. 116–283, § 1847(b)(4)(B)(i)Subsec. (d)(1). , substituted “In this subpart” for “In this chapter”.

Pub. L. 116–283, § 1847(b)(4)(A)section 4374 of this titleSubsec. (d)(2). , (B)(ii), substituted “sections 4371 through 4375” for “section 2433” and “” for “subsection (d) of such section”.

Pub. L. 116–283, § 1847(b)(4)(B)(iii)Pub. L. 117–81, § 1701oSubsec. (d)(3). , as amended by ()(6)(C)(i), substituted “section 4351” for “section 2432”.

Pub. L. 116–922019—Subsecs. (b), (e)(2). substituted “the Under Secretary of Defense for Acquisition and Sustainment” for “the Under Secretary of Defense for Acquisition, Technology, and Logistics”.

Pub. L. 110–417, § 811(d)(1)2008—Subsec. (a). , inserted “and for each designated major subprogram under the program” after “major defense acquisition program” in par. (1) and “or designated major subprogram” after “major defense acquisition program” in par. (2).

Pub. L. 110–417, § 811(d)(2)Subsec. (b). , inserted “or any designated major subprogram under the program” after “major defense acquisition program” and “or subprogram” after “after the program”. See Codification note above.

Pub. L. 110–417, § 811(d)(3)Subsec. (c). , inserted “or any designated major subprogram under the program” after “major defense acquisition program” in introductory provisions and “or subprogram” after “the program” in pars. (1) to (3). See Codification note above.

Pub. L. 110–417, § 811(d)(4)Subsec. (d). , inserted “or any designated major subprogram under the program” after “major defense acquisition program” wherever appearing, in par. (1), inserted “or subprogram” after “to the program”, “before the program”, and “at program”, and, in par. (2), inserted “or subprogram” after “for the program” in two places. See Codification note above.

Pub. L. 110–417, § 811(d)(5)Subsec. (e)(2). , inserted “(or in the case of a major defense acquisition program with one or more designated major subprograms, approved baseline descriptions for such subprograms)” after “baseline description” and “or subprogram” before period at end and substituted “any such baseline description” for “the baseline”.

Pub. L. 109–1632006—Subsec. (d). added subsec. (d). Former subsec. (d) redesignated (e).

Pub. L. 109–364Subsec. (d)(1). inserted “prepared before the program enters system development and demonstration, or at program initiation, whichever occurs later” after “program under subsection (a)”.

Pub. L. 109–163Subsec. (e). redesignated subsec. (d) as (e).

Pub. L. 107–1072001—Subsec. (b). , §§ 821(d)(1), 1048(b)(2), substituted “system development and demonstration” for “engineering and manufacturing development” and “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

Pub. L. 107–107, § 821(d)(2)(A)Subsec. (c)(1). , substituted “system development and demonstration” for “demonstration and validation”.

Pub. L. 107–107, § 821(d)(2)(B)Subsec. (c)(2). , substituted “production and deployment” for “engineering and manufacturing development”.

Pub. L. 107–107, § 821(d)(2)(C)Subsec. (c)(3). , substituted “full rate production” for “production and deployment”.

Pub. L. 107–107, § 1048(b)(2)Subsec. (d)(2). , substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

Pub. L. 103–3551994— amended section generally. Prior to amendment, section related to enhanced program stability.

Pub. L. 103–1601993—Subsec. (b)(2)(B). substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.

Pub. L. 101–510, § 1484(k)(11)1990—Subsec. (b)(1). , struck out closing parenthesis after “such Secretary” in introductory provisions.

Pub. L. 101–510, § 1207(b)Stability of Program ManagersSubsec. (c). , struck out subsec. (c) which read as follows: “.—(1) The tour of duty of an officer of the armed forces as a program manager of a major defense acquisition program shall be (A) not less than four years, or (B) until completion of a major program milestone (as defined in regulations prescribed by the Secretary of Defense).

“(2) The Secretary of the military department concerned may waive the length of the tour of duty prescribed in paragraph (1). The authority under the preceding sentence may not be delegated.”

Pub. L. 101–189, § 811(b)(1)1989—Subsec. (a)(2)(B)(iv). , substituted “production” for “development”.

Pub. L. 101–189, § 811(b)(2)(A)41 U.S.C. 414(3)Subsec. (b)(1). , substituted “service acquisition executive designated by such Secretary” for “senior procurement executive of such military department (designated pursuant to section 16(3) of the Office of Federal Procurement Policy Act ()”.

Pub. L. 101–189, § 811(b)(2)(B)Subsec. (b)(2). , substituted “180 days” for “90 days” in introductory provisions.

Pub. L. 100–456Pub. L. 100–180, § 803(a)1988—Subsec. (b)(2). clarified amendment by . See 1987 Amendment note below.

Pub. L. 100–370Subsec. (c). added subsec. (c).

Pub. L. 100–180Pub. L. 100–4561987—Subsec. (b)(2). , as amended by , substituted “under paragraph (1), and for which the total cost of completion of the stage will exceed by 15 percent or more, in the case of a development stage, or by 5 percent or more, in the case of a production stage, the amount specified in the baseline description established under subsection (a) for such stage; or any milestone specified in such baseline description will be missed by more than 90 days” for first reference to “under paragraph (1)”.

Pub. L. 100–26, § 7(b)(6)Subsec. (c). , struck out subsec. (c) which defined “major defense acquisition program”.

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 .

Effective Date of 2006 Amendment

Pub. L. 109–163, div. A, title VIII, § 802(e)119 Stat. 3370

“(1)

In general .—

section 2433 of this titleThe amendments made by this section [amending this section and former ] shall take effect on the date of the enactment of this Act [], and shall apply with respect to any major defense acquisition program for which an original Baseline Estimate is first established before, on, or after that date.
“(2)

Applicability to current major defense acquisition programs .—

In the case of a major defense acquisition program for which the program acquisition unit cost or procurement unit cost, as applicable, exceeds the original Baseline Estimate for the program by more than 50 percent on the date of the enactment of this Act—
“(A)
section 2433 of title 1010 U.S.C. 4371 the current Baseline Estimate for the program as of such date of enactment is deemed to be the original Baseline Estimate for the program for purposes of [former] , United States Code [see to 4375] (as amended by this section); and
“(B)
each Selected Acquisition Report submitted on the program after the date of the enactment of this Act shall reflect each of the following:
“(i)
The original Baseline Estimate, as first established for the program, without adjustment or revision.
“(ii)
The Baseline Estimate for the program that is deemed to be the original Baseline Estimate for the program under subparagraph (A).
“(iii)
section 2435 of title 1010 U.S.C. 4214(d)(2) The current original Baseline Estimate for the program as adjusted or revised, if at all, in accordance with subsection (d)(2) of , United States Code [now ] (as added by subsection (d) of this section).”
, , , provided that:

Effective Date of 1990 Amendment

Pub. L. 101–510, div. A, title XII, § 1207(b)104 Stat. 1665, , , provided that the amendment made by that section is effective .

Effective Date of 1988 Amendment

Pub. L. 100–456Pub. L. 100–180lPub. L. 100–456section 4172 of this titleAmendment by applicable as if included in the enactment of , see section 1233()(5) of set out as a note under .

Effective Date

Pub. L. 99–500, § 101(c) [title X, § 904(b)]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title X, § 904(b)]100 Stat. 3341–82Pub. L. 99–661, div. A, title IX100 Stat. 3914Pub. L. 100–26, § 3(5)101 Stat. 273

Section 2435 of title 1010 U.S.C. 4214“, United States Code [now ] (as added by subsection (a)(1)), shall apply to major defense acquisition programs that enter full-scale engineering development or full-rate production after the date of the enactment of this Act [].”
, , , 1783–134, and , , , 3341–134, and , formerly title IV, § 904(b), , , renumbered title IX, , , , provided that: