Page:United States Statutes at Large Volume 124.djvu/2705

124 STAT. 2679 PUBLIC LAW 111–259—OCT. 7, 2010 of the Department of Defense from the requirements of chapter 144 of title 10, United States Code or Department of Defense Directive 5000, to the extent that such requirements are otherwise applicable. SEC. 324. CRITICAL COST GROWTH IN MAJOR SYSTEMS. (a) IN GENERAL.—Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 323 of this Act, is further amended by inserting after section 506E, as added by section 323(a), the following new section: ‘‘CRITICAL COST GROWTH IN MAJOR SYSTEMS ‘‘SEC. 506F. (a) REASSESSMENT OF MAJOR SYSTEM.—If the Director of National Intelligence determines under section 506E(d) that the total acquisition cost of a major system has increased by a percentage equal to or greater than the critical cost growth threshold for the major system, the Director shall— ‘‘(1) determine the root cause or causes of the critical cost growth, in accordance with applicable statutory requirements, policies, procedures, and guidance; and ‘‘(2) carry out an assessment of— ‘‘(A) the projected cost of completing the major system if current requirements are not modified; ‘‘(B) the projected cost of completing the major system 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 systems due to the growth in cost of the major system. ‘‘(b) PRESUMPTION OF TERMINATION.—(1) After conducting the reassessment required by subsection (a) with respect to a major system, the Director shall terminate the major system unless the Director submits to Congress a Major System Congressional Report containing a certification in accordance with paragraph (2) and the information described in paragraph (3). The Director shall submit such Major System Congressional Report and certification not later than 90 days after the date the Director receives the relevant major system cost report under subsection (b) or (c) of section 506E. ‘‘(2) A certification described by this paragraph with respect to a major system is a written certification that— ‘‘(A) the continuation of the major system is essential to the national security; ‘‘(B) there are no alternatives to the major system that will provide acceptable capability to meet the intelligence requirement at less cost; ‘‘(C) the new estimates of the total acquisition cost have been determined by the Director to be reasonable; ‘‘(D) the major system is a higher priority than other sys- tems whose funding must be reduced to accommodate the growth in cost of the major system; and ‘‘(E) the management structure for the major system is adequate to manage and control the total acquisition cost. ‘‘(3) A Major System Congressional Report accompanying a written certification under paragraph (2) shall include, in addition to the requirements of section 506E(e), the root cause analysis and assessment carried out pursuant to subsection (a), the basis Reports. Certification. 50 USC 415a–8.