123STA T . 1 7 2 6PUBLIC LA W 111 – 23 —M A Y 22 , 2 0 0 9prog r amth at ha sexc ee d ed cr i tica l cost gro w th thresholds esta b- lished p u rsua n t to section 243 3 ( e ) o f title 10,U nited S tates C ode, but has not been terminated in accordance with section 2433a of such title (as added b y section 20 6 (a) of this A ct) not less often than semi-annually until one year after the date on which such program recei v es a new milestone approval, in accordance with section 2433a(c)(3) of such title (as so added) .T he results of reviews performed under this subsection shall be reported to the Under Secretary of D efense for Ac q uisition, Technology, and L ogistics and summari z ed in the next annual report of such des- ignated official. SEC.206 .C RIT IC AL C O ST G RO W T H I NM A J OR D E F ENSE AC QU ISITION P ROGRAMS. (a) A CTIONSF O L LO W IN G C R ITIC A L COST G ROWT H . — (1) I NG E NERAL.—Chapter 144 of title 10, United States Code, is amended by inserting after section 2433 the following new section
- ‘
‘ §243 3 a.Crit i c a l c os t g ro w t h i nm a j or def ense ac qu isition p rograms ‘ ‘(a) R EASSESS M ENT O FP ROGRAM.—If the program acquisition unit cost or procurement unit cost of a ma j or defense acquisition program or designated subprogram (as determined by the Secretary under section 2433(d) of this title) increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, the Secretary of Defense, after consultation with the J oint Requirements O versight Council regarding program requirements, 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 E valuation, 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) PRES U M P TION OF TERMINATION.—(1) After conducting the reassessment required by subsection (a) with respect to a major defense acquisition program, the Secretary shall terminate the pro- gram 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 2433(g) of this title is required to be submitted under section 2432(f) of this title, a written certification in accordance with paragraph (2). ‘‘(2) 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; Deadlin e .C e rt i f i c ati o n. Deter m ination. Con su ltations.
