Page:United States Statutes at Large Volume 119.djvu/3388

 119 STAT. 3370

10 USC 2433 note.

PUBLIC LAW 109–163—JAN. 6, 2006

this chapter only if the percentage increase in the program acquisition unit cost or procurement unit cost under such adjustment or revision exceeds the critical cost growth threshold for the program under section 2433 of this title, as determined by the Secretary of the military department concerned under subsection (d) of such section. ‘‘(3) In the event of an adjustment or revision of the original baseline description of a major defense acquisition program, the Secretary of Defense shall include in the next Selected Acquisition Report to be submitted under section 2432 of this title after such adjustment or revision a notification to the congressional defense committees of such adjustment or revision, together with the reasons for such adjustment or revision.’’. (2) CONFORMING AMENDMENT.—Section 2433(a) of such title, as amended by subsection (a) of this section, is further amended by adding at the end the following new paragraph: ‘‘(6) The term ‘original Baseline Estimate’ has the same meaning as provided in section 2435(d) of this title.’’. (e) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to any major defense acquisition program for which an original Baseline Estimate is first established before, on, or after that date. (2) APPLICABILITY TO CURRENT MAJOR DEFENSE ACQUISITION PROGRAMS.—In the case of a major defense acquisition program for which the program acquisition unit cost or procurement unit cost, as applicable, exceeds the original Baseline Estimate for the program by more than 50 percent on the date of the enactment of this Act— (A) the current Baseline Estimate for the program as of such date of enactment is deemed to be the original Baseline Estimate for the program for purposes of section 2433 of title 10, United States Code (as amended by this section); and (B) each Selected Acquisition Report submitted on the program after the date of the enactment of this Act shall reflect each of the following: (i) The original Baseline Estimate, as first established for the program, without adjustment or revision. (ii) The Baseline Estimate for the program that is deemed to be the original Baseline Estimate for the program under subparagraph (A). (iii) The current original Baseline Estimate for the program as adjusted or revised, if at all, in accordance with subsection (d)(2) of section 2435 of title 10, United States Code (as added by subsection (d) of this section). SEC. 803. REQUIREMENT FOR DETERMINATION BY SECRETARY OF DEFENSE AND NOTIFICATION TO CONGRESS BEFORE PROCUREMENT OF MAJOR WEAPON SYSTEMS AS COMMERCIAL ITEMS.

(a) REQUIREMENT FOR DETERMINATION AND NOTIFICATION.— (1) IN GENERAL.—Chapter 140 of title 10, United States Code, is amended by adding at the end the following new section:

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