Page:United States Statutes at Large Volume 103 Part 2.djvu/482

 103 STAT. 1492 PUBLIC LAW 101-189—NOV. 29, 1989 ter ending on or after the date of the determination and such report shall include the information described in section 2432(e) of this title. The report shall be submitted within 45 days after the end of that quarter. "(B) Whenever the Secretary makes a determination referred to in subparagraph (A) in the case of a mcgor defense acquisition program during the second quarter of a fiscal year and before the date on which the President transmits the budget for the following fiscal year to Congress pursuant to section 1105 of title 31, the Secretary is not required to file a Selected Acquisition Report under subparagraph (A) but shall include the information described in subsection (g) r^arding that program in the comprehensive annual Selected Acquisition Report submitted in that quarter. "(2) If the percentcige increase in the current program acquisition cost of a msgor defense acquisition program (as determined by the Secretary under subsection (d)) exceeds 25 percent, the Secretary of Defense shall submit to Congress, before the end of the 30Hday period beginning on the day the Selected Acquisition Report containing the information described in subsection (g) is required to be submitted under section 2432(f) of this title— "(A) a written certification, stating that— "(i) such acquisition program is essential to the national security; "(ii) there are no alternatives to such acquisition program which will provide equal or greater military capability at less cost; »• "(iii) the new estimates of the program acquisition unit cost or procurement unit cost are reasonable; and "(iv) the management structure for the acquisition pro- gram is adequate to manage and control program acquisi- tion unit cost or procurement unit cost; and "(B) if a report under paragraph (1) has been previously submitted to Congress with respect to such program for the current fiscal year but was based upon a different unit cost ^v report from the program manager to the service acquisition executive designated by the Secretary concerned, a further report containing the information described in subsection (g), determined from the time of the previous report to the time of the current report."; and (B) in paragraph (3)— (i) by striking out "(3)" and inserting in lieu thereof the following: "(3) If a determination of a more than 15 percent increase is made by the Secretary under subsection (d) and a Selected Acquisition Report containing the information described in subsection (g) is not submitted to Congress under paragraph (1), or if a determination of a more than 25 percent increase is made by the Secretary under subsec- tion (d) and the certification of the Secretary of Defense i^ not submitted to (Ik)ngress under paragraph (2), funds appropriated for military construction, for research, devel- opment, test, and evaluation, and for procurement may not i. be obligated for a major contract under the program."; ^^ (ii) by striking out "in subsection (d)(3)(B)"; ,, (iii) in clause (A)— ^ (I) by striking out "report of the Secretary con- cerned and inserting in lieu thereof "Selected Acquisi-, tion Report"; and ..^.-^ />?

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