US Code

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

10 U.S.C. § 4376

Breach of critical cost growth threshold: reassessment of program; presumption of program termination

(a)

Reassessment of Program .—

section 4374 of this titleIf the program acquisition unit cost or procurement unit cost of a major defense acquisition program or designated subprogram (as determined by the Secretary under ) increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, the Secretary of Defense shall—
(1)
determine the root cause or causes of the critical cost growth in accordance with applicable statutory requirements and Department of Defense policies, procedures, and guidance; and
(2)
in consultation with the Director of Cost Assessment and Program Evaluation, carry out an assessment of—
(A)
the projected cost of completing the program if current requirements are not modified;
(B)
the projected cost of completing the program based on reasonable modification of such requirements;
(C)
the rough order of magnitude of the costs of any reasonable alternative system or capability; and
(D)
the need to reduce funding for other programs due to the growth in cost of the program.
(b)

Presumption of Termination.—

(1)

Termination unless secretary submits certification and report .—

section 4351(f) of this titleAfter conducting the reassessment required by subsection (a) with respect to a major defense acquisition program, the Secretary shall terminate the program unless the Secretary submits to Congress, before the end of the 60-day period beginning on the day the Selected Acquisition Report containing the information described in section 4375(d) and (e) of this title is required to be submitted under , a written certification in accordance with paragraph (2).
(2)

Certification .—

A certification described by this paragraph with respect to a major defense acquisition program is a written certification that—
(A)
the continuation of the program is essential to the national security;
(B)
there are no alternatives to the program which will provide acceptable capability at less cost;
(C)
the new estimates of the program acquisition unit cost or procurement unit cost have been determined by the Director of Cost Assessment and Program Evaluation to be reasonable;
(D)
the program is a higher priority than programs whose funding must be reduced to accommodate the growth in cost of the program; and
(E)
the management structure for the program is adequate to manage and control program acquisition unit cost or procurement unit cost.
(3)

Report .—

A written certification under paragraph (2) shall be accompanied by a report presenting the root cause analysis and assessment carried out pursuant to subsection (a) and the basis for each determination made in accordance with subparagraphs (A) through (E) of paragraph (2), together with supporting documentation.
(c)

Actions if Program Terminated .—

If a major defense acquisition program is terminated pursuant to subsection (b), the Secretary shall submit to Congress a written report setting forth—
(1)
an explanation of the reasons for terminating the program;
(2)
the alternatives considered to address any problems in the program; and
(3)
the course the Department plans to pursue to meet any continuing military requirements otherwise intended to be met by the program.

Pub. L. 116–283, div. A, title XVIII, § 1850(a)134 Stat. 4265Pub. L. 117–81, div. A, title XVII, § 1701o135 Stat. 2148Pub. L. 119–60, div. A, title XVIII, § 1811(g)(4)139 Stat. 1243(Added and amended , (j), , , 4269; ()(6)(E)(v), , ; , , .)

Editorial Notes

Codification

section 2433a of this titlePub. L. 116–283, § 1850(j)(1)Pub. L. 111–23, title II, § 206(a)(1)123 Stat. 1726Pub. L. 111–383, div. A, title X, § 1075(b)(35)124 Stat. 4371The text of subsecs. (a) and (b) of , which was transferred to this section by , was based on , , ; , , .

section 2433a of this titlePub. L. 116–283, § 1850(j)(2)Pub. L. 111–23, title II, § 206(a)(1)123 Stat. 1726The text of subsec. (d) of , which was transferred to this section and redesignated subsec. (c) by , was based on , , .

Amendments

Pub. L. 119–60, § 1811(g)(4)(A)2025—Subsec. (a). , struck out “, after consultation with the Joint Requirements Oversight Council regarding program requirements,” after “Secretary of Defense” in introductory provisions.

Pub. L. 119–60, § 1811(g)(4)(B)section 181(g)(1) of this titleSubsec. (b)(2)(B). , struck out “to meet the joint military requirement (as defined in )” after “capability”.

Pub. L. 119–60, § 1811(g)(4)(C)Subsec. (c)(3). , struck out “joint” before “military requirements”.

Pub. L. 116–283, § 1850(j)(1)section 2433a of this title2021—, (2), transferred subsecs. (a), (b), and (d) of to this section and redesignated subsec. (d) as (c).

Pub. L. 116–283, § 1850(j)(3)(A)Subsec. (a). , substituted “section 4374” for “section 2433(d)” in introductory provisions.

Pub. L. 116–283, § 1850(j)(4)(A)Subsec. (b)(1). , inserted heading.

Pub. L. 116–283, § 1850(j)(3)(B)Pub. L. 117–81, § 1701o, as amended by ()(6)(E)(v), substituted “section 4375(d) and (e)” for “section 2433(g)” and “section 4351(f)” for “section 2432(f)”.

Pub. L. 116–283, § 1850(j)(4)(B)Subsec. (b)(2), (3). –(D), realigned margins and inserted headings.

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 Effective Date note below.

Effective Date

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .