123STA T . 1 7 27 PUBLIC LA W 111 – 23 —M A Y 22 , 2 0 0 9‘ ‘ (B)ther e a re no a l ternat iv e s to the p ro g ra mw hi c h will provi d e accepta b le capabilit y to meet the j oint military re qu ire - ment (as de f ined in section 18 1(g)((1) of this title) at less cost
‘‘( C ) the new estimates of the program acquisition unit cost or procurement unit cost have been determined by the D irector of Cost A ssessment and P rogram E valuation 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 procure- ment unit cost . ‘‘( 3 ) A written certification under paragraph ( 2 ) shall be accom- panied by a report presenting the root cause analysis and assess- ment 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 documenta- tion. ‘‘(c) A CTIONS I F P R O G R AMN OT TE RMINATE D . — (1) I f the S ec- retary elects not to terminate a major defense acquisition program pursuant to subsection (b), the Secretary shall— ‘‘(A) restructure the program in a manner that addresses the root cause or causes of the critical cost growth, as identified pursuant to subsection (a), and ensures that the program has an appropriate management structure as set forth in the certifi- cation submitted pursuant to subsection (b)(2)(E); ‘‘(B) rescind the most recent M ilestone approval, or K ey Decision Point approval in the case of a space program, for the program and withdraw any associated certification under section 23 6 6a or 2366b of this title; ‘‘(C) require a new Milestone approval, or Key Decision Point approval in the case of a space program, for the program before ta k ing any contract action to enter a new contract, e x ercise an option under an existing contract, or otherwise extend the scope of an existing contract under the program, except to the extent determined necessary by the Milestone Decision Authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources; ‘‘(D) include in the report specified in paragraph (2) a description of all funding changes made as a result of the growth in cost of the program, including reductions made in funding for other programs to accommodate such cost growth; and ‘‘(E) conduct regular reviews of the program in accordance with the requirements of section 2 05 of the W eapon Systems Acquisition R eform Act of 200 9 . ‘‘(2) F or purposes of paragraph (1)(D), the report specified in this paragraph is the first Selected Acquisition Report for the pro- gram submitted pursuant to section 2 4 32 of this title after the President submits a budget pursuant to section 1105 of title 31, in the calendar year following the year in which the program was restructured. Reports. Reports.
