10 U.S.C. § 4352 (ARMED FORCES)
§ 4352. Selected acquisition reports: requirement for quarterly reports
(a) In General.—
(1) The Secretary of Defense shall submit to Congress at the end of each fiscal-year quarter a report on—
(A) current major defense acquisition programs; and
(B) any program that is estimated by the Secretary of Defense to require—
(i) an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars); or
(ii) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,800,000,000 (based on fiscal year 1990 constant dollars).
(2) Except as provided in subsections (b) and (c), each such report shall include a status report on each defense acquisition program that at the end of such quarter is a major defense acquisition program.
(3) Reports under this chapter shall be known as Selected Acquisition Reports.
(b) Reports Not Required for 2d, 3d, and 4th Quarters for Certain Programs.—
A status report on a major defense acquisition program need not be included in the Selected Acquisition Report for the second, third, or fourth quarter of a fiscal year if such a report was included in a previous Selected Acquisition Report for that fiscal year and during the period since that report there has been—
(1) less than a 15 percent increase in program acquisition unit cost and current procurement unit cost for the program (or for each designated subprogram under the program); and
(2) less than a six-month delay in any program schedule milestone shown in the Selected Acquisition Report.
(c) Secretary of Defense Waiver Authority.—
(1) Authority.—
The Secretary of Defense may waive the requirement for submission of Selected Acquisition Reports for a program for a fiscal year if—
(A) the program has not entered system development and demonstration;
(B) a reasonable cost estimate has not been established for such program; and
(C) the system configuration for such program is not well defined.
(2) Notification to congressional committees.—
The Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notification of each waiver under paragraph (1) for a program for a fiscal year not later than 60 days before the President submits the budget to Congress pursuant to section 1105 of title 31 in that fiscal year.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1849(a), (d), Jan. 1, 2021, 134 Stat. 4259, 4260.)
heading: Codification
text: The text of subsec. (b) of section 2432 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1849(d)(1), was based on Pub. L. 97–252, title XI, § 1107(a)(1), Sept. 8, 1982, 96 Stat. 739, § 139a; Pub. L. 98–525, title XII, § 1242(a)(3), Oct. 19, 1984, 98 Stat. 2607; renumbered § 2432, Pub. L. 99–433, title I, § 101(a)(5), Oct. 1, 1986, 100 Stat. 995; Pub. L. 99–500, § 101(c) [title X, § 961(a)(3)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–175, and Pub. L. 99–591, § 101(c) [title X, § 961(a)(3)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–175; Pub. L. 99–661, div. A, title IX, formerly title IV, § 961(a)(3), Nov. 14, 1986, 100 Stat. 3955, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–180, div. A, title XIII, § 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101–189, div. A, title VIII, § 811(c), Nov. 29, 1989, 103 Stat. 1493; Pub. L. 102–484, div. A, title VIII, § 817(c)(2), Oct. 23, 1992, 106 Stat. 2455; Pub. L. 103–355, title III, § 3002(h)(1), Oct. 13, 1994, 108 Stat. 3329; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; 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. 110–417, [div. A], title VIII, § 811(b), Oct. 14, 2008, 122 Stat. 4521; Pub. L. 116–92, div. A, title VIII, § 830(a), Dec. 20, 2019, 133 Stat. 1492.
heading: Prior Provisions
text: A prior section 4352 was renumbered section 7452 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1849(d)(1), transferred subsec. (b) of section 2432 of this title to this section, struck out subsec. designation, and redesignated pars. (1) to (3) as subsecs. (a) to (c), respectively.
Subsec. (a). Pub. L. 116–283, § 1849(d)(2)(A)–(C), inserted subsec. heading and par. (1) designation before “The Secretary”, substituted “a report on—” and subpars. (A) and (B) for “a report on current major defense acquisition programs and any program that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars) or an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,800,000,000 (based on fiscal year 1990 constant dollars).”, and redesignated second and third sentences as pars. (2) and (3), respectively.
Subsec. (a)(2). Pub. L. 116–283, § 1849(d)(2)(D), substituted “subsections (b) and (c)” for “paragraphs (2) and (3)”.
Subsec. (a)(3). Pub. L. 116–283, § 1849(d)(2)(E), substituted “this chapter” for “this section”.
Subsec. (b). Pub. L. 116–283, § 1849(d)(3), inserted heading before “A status report” and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.
Subsec. (c). Pub. L. 116–283, § 1849(d)(4)(A)–(C), inserted subsec. heading, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, inserted par. (1) heading, and redesignated cls. (i) to (iii) of par. (1) as subpars. (A) to (C) of par. (1), respectively, and realigned margins.
Subsec. (c)(2). Pub. L. 116–283, § 1849(d)(4)(D), inserted heading and substituted “paragraph (1)” for “subparagraph (A)”.
heading: Effective Date
text: Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.