Sec. 1850. Cost growth—unit cost reports (Nunn-McCurdy)
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Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), is amended by inserting after chapter 324, as added by the preceding section, the following new chapter: Sec. 4371. Cost growth definitions; applicability of reporting requirements; constant base year dollars. 4372. Unit cost reports: quarterly report from program manager to service acquisition executive. 4373.
Unit cost reports: immediate report from program manager to service acquisition executive upon breach of significant cost growth threshold. 4374. Unit cost reports: determinations by service acquisition executive and secretary concerned of breach of significant cost growth threshold or critical cost growth threshold; reports to Congress. 4375. Breach of significant cost growth threshold or critical cost growth threshold: required action. 4376. Breach of critical cost growth threshold: reassessment of program; presumption of program termination. 4377.
Breach of critical cost growth threshold: actions if program not terminated. . Subsection
(a)of section 2433 of title 10, United States Code, is transferred to section 4371 of such title, as added by subsection (a), inserted after the section heading, and amended by striking this section in the matter preceding paragraph
(1)and in paragraph
(2)and inserting this chapter . Such subsection is further amended— in the matter preceding paragraph (1), by inserting after Definitions.—
(a); in paragraph (1), by inserting after Program acquisition unit cost; procurement unit cost; major contract.—
(1); in paragraph (2), by inserting after Baseline estimate.—
(2); in paragraph (3), by inserting after Procurement program.—
(3); in paragraph (4), by inserting after Significant cost growth threshold.—
(4); in paragraph (5), by inserting after Critical cost growth threshold.—
(5); and in paragraph (6), by inserting after Original baseline estimate.—
(6). Such subsection is further amended— in paragraph (1)— by striking section 2430a(d) and inserting section 4203(d) ; and by striking section 2432(a) and inserting section 4351 ; in paragraph (2), by striking section 2435 and inserting section 4214 ; and in paragraph (6), by striking section 2435(d) and inserting section 4214(d) . Such subsection is further amended— by redesignating paragraphs (2), (3), (4), (5), and
(6)as paragraphs (4), (6), (2), (3), and (5), respectively; and by revising the order of those paragraphs within that section so they appear in the numeric order of their respective paragraph designations, as redesignated by paragraph (A). Subsection
(h)of section 2433 of title 10, United States Code, is transferred to section 4371 of such title, as added by subsection (a), inserted after subsection (a), as transferred and redesignated by subsection (b)(1), redesignated as subsection (b), and amended— by striking under this section and inserting under this chapter ; and by striking section 2432(h) and inserting section 4358 . Subsection
(f)of section 2433 of title 10, United States Code, is transferred to section 4371 of such title, as added by subsection (a), inserted after subsection (b), as transferred and redesignated by subsection (c), redesignated as subsection (c), and amended— by striking under this section and inserting under this chapter ; and by striking section 2430 and inserting section 4202 . Subsection
(b)of section 2433 of title 10, United States Code, is transferred to section 4372 of such title, as added by subsection (a), inserted after the section heading, and redesignated as subsection (a). Such section 4372, as redesignated by paragraph (1), is amended by designating the third sentence as subsection
(b)and inserting therein before Matter to be included in unit cost reports. — The program manager shall . Subsection
(a)of such section, as redesignated by paragraph (1), is amended— by striking The program manager for and inserting Required reports.— The program manager for ; and by designating the second sentence as paragraph
(2)and inserting before Time for submittal.— Each report . Such section is further amended— in paragraph
(1)of subsection (a), as designated by paragraph (3)(A), by striking section 2432(b)(3) and inserting section 4352(c) ; and in paragraph
(4)of subsection (b), as designated by paragraph (2), by striking section 2435 and inserting section 4214 . Subsection
(c)of section 2433 of title 10, United States Code, is transferred to section 4373 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation; and by striking subsection
(b)both places it appears and inserting section 4372 of this title . Subsection
(d)of section 2433 of title 10, United States Code, is transferred to section 4374 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation; and by redesignating paragraphs (1), (2), and
(3)as subsections (a), (b), and (c), respectively. Subsection
(a)of such section, as so redesignated, is amended— by inserting before Determination of breach by service acquisition executive.— When a ; and by striking under this section and inserting under this chapter . Subsection
(b)of such section, as so redesignated, is amended— by inserting before Additional determination by service acquisition executive when program or subprogram is a procurement program.— When a ; by striking under this section and inserting under this chapter ; and by striking paragraph
(1)and inserting subsection
(a). Subsection
(c)of such section, as so redesignated, is amended— by striking If, based upon and inserting Determination of breach by secretary concerned; notification to congress.— If, based upon ; by designating the second sentence as paragraph
(2)and the fourth sentence as paragraph (3); in paragraph (2), as so designated— by inserting before Time for submission of notification to Congress.— In the case of the first place it appears; by striking subsection
(b)and inserting section 4372 of this title ; and by striking subsection
(c)and inserting section 4373 of this title ; and in paragraph (3), as so designated, by inserting before Inclusion of date of determination.— The Secretary shall . Subsection
(e)of section 2433 of title 10, United States Code, is transferred to section 4375 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation; and by redesignating paragraphs (1), (2), and
(3)as subsections (a), (b), and (c), respectively. Subsection
(a)of such section, as so redesignated, is amended— by striking
(A)Except as provided in subparagraph (B), and inserting Breach of significant cost growth threshold; submission of a selected acquisition report.— Except as provided in paragraph (2), ; by redesignating subparagraph
(B)as paragraph (2); in paragraph (1), as so designated— by striking under subsection
(d)and inserting under section 4374 of this title ; and by striking section 2432(e) and section 2432(f) and inserting section 4355 and section 4356 , respectively; and in paragraph (2), as so designated— by striking subparagraph
(A)both places it appears and inserting paragraph
(1); and by striking subsection
(g)and inserting subsection
(d). Subsection
(b)of such section, as so redesignated, is amended— by inserting before Breach of critical cost growth threshold.— If the program ; by striking subsection
(d)and inserting section 4374 of this title ; and by striking section 2433a and inserting sections 4376 and 4377 . Subsection
(c)of such section, as so redesignated, is amended— by striking If a determination and inserting Prohibition on obligation of funds for certain purposes when required action not taken.— If a determination ; by designating the second sentence as paragraph (2); in paragraph (1), as so designated— by striking subsection
(d)both places it appears and inserting section 4374 of this title ; by striking subsection
(g)and inserting subsection
(d). by striking paragraph
(1)and inserting subsection
(a); and by striking paragraph
(2)and inserting subsection
(b); and in paragraph (2), as so designated— by striking The prohibition and inserting ; Termination of prohibition.— The prohibition under paragraph
(1)in subparagraph (A)— by striking paragraph
(1)or (2)(B) and inserting subsection
(a)or (b)(2) ; and by striking subsection
(d)and inserting section 4374 of this title ; and in subparagraph (B)— by striking paragraph
(1)or (2)(B) and inserting subsection
(a)or (b)(2) ; by striking paragraph (2)(A) and inserting subsection (b)(1) ; and by striking subsection
(d)and inserting section 4374 of this title . Subsection
(g)of section 2433 of title 10, United States Code, is transferred to section 4375 of such title, as added by subsection (a), inserted after subsection (c), as transferred and amended by subsection (h), and amended— by striking the subsection designation; and by redesignating paragraphs
(1)and
(2)as subsections
(d)and (e), respectively. Subsection
(d)of such section 4375, as so redesignated, is amended— by striking Except as provided in paragraph (2), each report under subsection
(e)and inserting ; Matter to be included in reports.— Except as provided in subsection (e), each report under this section by redesignating subparagraphs
(A)through
(Q)as paragraphs
(1)through (17), respectively; in paragraph (9), as so redesignated, by striking section 2435 and inserting section 4214 ; and in paragraph (16), as so redesignated, by redesignating clauses
(i)through
(vi)as subparagraphs
(A)through (F), respectively. Subsection
(e)of such section 4375, as so redesignated, is amended— by striking If a program acquisition unit cost and inserting Breach due to termination or cancellation of program or subprogram.— If a program acquisition unit cost ; by striking clauses
(A)through
(F)of paragraph
(1)and inserting paragraphs
(1)through
(6)of subsection
(d); by designating the second sentence as paragraph (2); and in paragraph (2), as so designated— by inserting before Certification not required.— The certification ; and by striking subsection
(e)and inserting subsection
(b). Subsection
(a)and
(b)of section 2433a of title 10, United States Code, are transferred to section 4376 of such title, as added by subsection (a), and inserted after the section heading. Subsection
(d)of section 2433a of such title is transferred to such section 4376, inserted after subsection (b), as transferred by paragraph (1), and redesignated as subsection (c). Such section 4376 is amended— in subsection (a), by striking section 2433(d) and inserting section 4374 ; and in subsection (b)(1)— by striking section 2433(g) and inserting section 4375(d) and
(e); and by striking section 2432(f) and inserting section 4356(a) . Subsection
(b)of such section 4376 is amended— by striking and inserting Termination.—
(1)After conducting Termination.— After conducting ; by realigning paragraphs
(2)and
(3)2 ems from the left margin; in paragraph (2), by inserting after Certification.—
(2); and in paragraph (3), by inserting after Report.—
(3). Subsection
(c)of section 2433a of title 10, United States Code, is transferred to section 4377 of such title, as added by subsection (a), inserted after the section heading, and redesignated as subsection (a). Paragraphs
(2)and
(3)of such section 4377 are redesignated as subsections
(b)and (c), respectively. Subsection
(a)of such section, as redesignated by paragraph (1), is amended— by striking
(1)before If the Secretary ; by inserting of section 4376 of this title after subsection
(b); by redesignating subparagraphs (A), (B), (C), (D), and
(E)as paragraphs (1), (2), (3), (4), and (5), respectively; in paragraph (1), as so redesignated, by inserting of that section after subsection
(a)and after subsection (b)(2)(E) ; in paragraph (2), as so redesignated, by striking section 2366a or 2366b and inserting section 4251 or 4252 ; and in paragraph (4), as so redesignated, by striking paragraph
(2)and inserting subsection
(b). Subsection
(b)of such section, as redesignated by paragraph (2), is amended— by inserting before Identification of report for description of funding changes.— For purposes of ; by striking paragraph (1)(D) and inserting subsection (a)(4) ; by striking in this paragraph and inserting in this subsection ; and by striking section 2432 and inserting section 4352 . Subsection
(c)of such section, as redesignated by paragraph (2), is amended— by striking
(A)The requirements of subparagraphs (B), (C), and
(E)of paragraph
(1)and inserting Inapplicability of certain subsection
(a)requirements. — The requirements of paragraphs (2), (3), and
(5)of subsection
(a); and by redesignating subparagraph
(B)as paragraph
(2)and inserting therein before Cost growth thresholds.— The cost growth thresholds . Paragraph
(1)of such section 4377(c), as so designated, is amended— by redesignating clauses (i), (ii), and
(iii)as subparagraphs (A), (B), and (C), respectively; by redesignating subclauses
(I)and
(II)of each of subparagraphs
(A)and
(C)as clauses
(i)and (ii), respectively; in subparagraph (A), as so redesignated— in the matter preceding clause (i), as so redesignated, by striking pursuant to subsection
(a)and inserting pursuant to section 4376(a) of this title ; in clause (i), as so redesignated, by striking subparagraph
(B)and inserting paragraph
(2); and in clause (ii), as so redesignated, by striking subclause
(I)and inserting clause
(i); and in subparagraph (C), as so redesignated— in the matter preceding clause (i), as so redesignated— by striking section 2433(g) and inserting subsections
(d)and
(e)of section 4375 ; and by striking section 2432(f) and inserting section 4356 ; in clause (i), as so redesignated, by striking clause
(i)and inserting subparagraph
(A); and in clause (ii), as so redesignated, by striking clause
(ii)and inserting subparagraph
(B). Paragraph
(2)of such section 4377(c), as so designated, is amended— in the matter preceding clause (i), by striking this subparagraph and inserting this paragraph ; by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; and by redesignating subclauses
(I)and
(II)of each of subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively. Sections 2433 and 2433a of title 10, United States Code, are repealed. Section 181(b)(6) of title 10, United States Code, is amended by striking 2433(e)(2) and inserting 4375(b) .
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Sec. 1850
Cost growth—unit cost reports (Nunn-McCurdy)
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