PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3369
than the significant cost growth threshold or critical cost growth threshold’’. (3) SERVICE ACQUISITION REPORTS.—Subsection (e) of such section is amended— (A) in paragraph (1)(A), by striking ‘‘by at least 15 percent’’ and inserting ‘‘by a percentage equal to or greater than the significant cost growth threshold for the program’’; (B) in paragraph (2)— (i) by striking ‘‘percentage increase in the’’; and (ii) by striking ‘‘exceeds 25 percent’’ and inserting ‘‘increases by a percentage equal to or greater than the critical cost growth threshold for the program’’; and (C) in paragraph (3)— (i) by striking ‘‘of at least 15 percent’’ both places it appears and inserting ‘‘by a percentage equal to or greater than the significant cost growth threshold’’; and (ii) by striking ‘‘of at least 25 percent’’ both places it appears and inserting ‘‘by a percentage equal to or greater than the critical cost growth threshold’’. (c) ADDITIONAL REQUIREMENTS RELATING TO CERTAIN UNIT COST INCREASES.—Paragraph (2) of subsection (e) of such section is further amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking ‘‘the Secretary of Defense’’ and all that follows through ‘‘a written certification, stating that—’’ and inserting ‘‘the Secretary of Defense shall— ‘‘(A) carry out an assessment of— ‘‘(i) the projected cost of completing the program if current requirements are not modified; ‘‘(ii) the projected cost of completing the program based on reasonable modification of such requirements; and ‘‘(iii) the rough order of magnitude of the costs of any reasonable alternative system or capability; ‘‘(B) submit to Congress, before the end of the 60-day period beginning on the day the Selected Acquisition Report containing the information described in subsection (g) is required to be submitted under section 2432(f) of this title, a written certification (with a supporting explanation) stating that—’’. (d) ORIGINAL BASELINE ESTIMATE.— (1) IN GENERAL.—Section 2435 of title 10, United States Code, is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): ‘‘(d) ORIGINAL BASELINE ESTIMATE.—(1) In this chapter, the term ‘original Baseline Estimate’, with respect to a major defense acquisition program, means the baseline description established with respect to the program under subsection (a), without adjustment or revision (except as provided in paragraph (2)). ‘‘(2) An adjustment or revision of the original baseline description of a major defense acquisition program may be treated as the original Baseline Estimate for the program for purposes of
VerDate 14-DEC-2004
07:21 Oct 30, 2006
Jkt 039194
PO 00003
Frm 00837
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.119
APPS06
PsN: PUBL003
�
