Sec. 825. ELIMINATION OF COST UNDERRUNS AS FACTOR IN CALCULATION OF PENALTIES FOR COST OVERRUNS
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## SEC. 825 ELIMINATION OF COST UNDERRUNS AS FACTOR IN CALCULATION OF PENALTIES FOR COST OVERRUNS Section 828 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2430 note) is amended— ####
(1)in subsection (a), by striking “each fiscal year beginning with fiscal year 2015” and inserting “each of fiscal years 2018 through 2022”; ####
(2)in subsection (b)— #####
(A)in paragraph (1), by striking “or underrun”; #####
(B)in paragraph (2)— ######
(i)by striking “or underruns”; and ######
(ii)by striking “,Technology, and Logistics” and inserting “and Sustainment”; #####
(C)in paragraph (3)— ######
(i)by striking “and cost underruns”; and ######
(ii)by striking “or underruns”; and #####
(D)in paragraph (4), by striking “, except that the cost overrun penalty may not be a negative amount”; ####
(3)by redesignating subsections
(c)and
(d)as subsections
(d)and (e), respectively; ####
(4)by inserting after subsection
(b)the following new subsection: > > ### “(c) Total Cost Overrun Penalty > > Notwithstanding the amount of a cost overrun penalty determined in (b), the total cost overrun penalty for a military department (including any cost overrun penalty for joint programs of military departments) for a fiscal year may not exceed $50,000,000.” > ; and ####
(5)in subsection
(d)(as so redesignated)— #####
(A)in paragraph (1)— ######
(i)in the paragraph heading, by inserting “or procurement” after “evaluation”; ######
(ii)by striking “each fiscal year beginning with fiscal year 2015” and inserting “each of fiscal years 2018 through 2022”; ######
(iii)by striking “each research” and inserting “the research”; ######
(iv)by striking “evaluation account” and inserting “evaluation or procurement accounts”; and ######
(v)by striking “percentage” and inserting “amount”; and #####
(B)in paragraph (2)— ######
(i)in the paragraph heading, by striking “amount” and inserting “amounts”; ######
(ii)by striking “percentage reduction” and inserting “reductions”; ######
(iii)by striking “evaluation accounts” and inserting “evaluation or procurement accounts”; ######
(iv)by striking “paragraph
(1)is the percentage reduction” and inserting “paragraph
(1)are the reductions”; and ######
(v)by inserting “, when combined,” after “equal”.
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Sec. 825
ELIMINATION OF COST UNDERRUNS AS FACTOR IN CALCULATION OF PENALTIES FOR COST OVERRUNS
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