Page:United States Statutes at Large Volume 119.djvu/3385

 PUBLIC LAW 109–163—JAN. 6, 2006

119 STAT. 3367

but for such a waiver, the Department would be unable to meet critical national security objectives. Whenever the milestone decision authority makes such a determination and authorizes such a waiver, the waiver, the determination, and the reasons for the determination shall be submitted in writing to the congressional defense committees within 30 days after the waiver is authorized. ‘‘(d) NONDELEGATION.—The milestone decision authority may not delegate the certification requirement under subsection (a) or the authority to waive any component of such requirement under subsection (c). ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘major defense acquisition program’ means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section 2430 of this title. ‘‘(2) The term ‘milestone decision authority’, with respect to a major defense acquisition program, means the individual within the Department of Defense designated with overall responsibility for the program. ‘‘(3) The term ‘Milestone B approval’ has the meaning provided that term in section 2366(e)(7) of this title. ‘‘(4) The term ‘Key Decision Point B’ means the official program initiation of a National Security Space program of the Department of Defense, which triggers a formal review to determine maturity of technology and the program’s readiness to begin the preliminary system design.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2366 the following new item:

Deadline.

‘‘2366a. Major defense acquisition programs: certification required before Milestone B approval or Key Decision Point B approval.’’. SEC. 802. REQUIREMENTS APPLICABLE TO MAJOR DEFENSE ACQUISITION PROGRAMS EXCEEDING BASELINE COSTS.

(a) SPECIFICATION OF SIGNIFICANT COST GROWTH THRESHOLD AND CRITICAL COST GROWTH THRESHOLD.—Subsection (a) of section 2433 of title 10, United States Code, is amended by adding at the end the following new paragraphs: ‘‘(4) The term ‘significant cost growth threshold’ means the following: ‘‘(A) In the case of a major defense acquisition program, a percentage increase in the program acquisition unit cost for the program of— ‘‘(i) at least 15 percent over the program acquisition unit cost for the program as shown in the current Baseline Estimate for the program; or ‘‘(ii) at least 30 percent over the program acquisition unit cost for the program as shown in the original Baseline Estimate for the program. ‘‘(B) In the case of a major defense acquisition program that is a procurement program, a percentage increase in the procurement unit cost for the program of— ‘‘(i) at least 15 percent over the procurement unit cost for the program as shown in the current Baseline Estimate for the program; or

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