Page:United States Statutes at Large Volume 123.djvu/1748

 123STA T . 1 7 2 8PUBLIC LA W 111 – 23 —M A Y 22, 2 0 0 9‘ ‘ (d)ACTIONS I FPR O G R AMTE RMINATE D.—Ifam a jor d e fe ns e a cqui si t ion p ro g ram is terminated pursuant to su b section (b) , t h e S ecretar y sha l l submit to C ongress a w ritten report setting forth— ‘‘( 1 )ane x planation of the reasons for terminating the pro - gram ‘‘( 2 ) the alternati v es considered to address any problems in the program; and ‘‘( 3 ) the course the D epartment plans to pursue to meet any continuing joint military requirements otherwise intended to be met by the program. ’ ’. (2) C L ERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 4 4 of such title is amended by inserting after the item relating to section 2433 the following new item

‘ 243 3 a.Crit i c a l c os t g ro w t h i nm a j or def ense ac qu isition p rograms. ’ ’. (3) CONFORMING AMENDMENT.—Paragraph (2) of section 2433(e) of such title 1 0 is amended to read as follows: ‘‘(2) If the program acquisition unit cost or procurement unit cost of a major defense acquisition program or designated major subprogram (as determined by the Secretary under subsection (d)) increases by a percentage equal to or greater than the critical cost growth threshold for the program or subprogram, the Secretary of Defense shall ta k e actions consistent with the requirements of section 2433a of this title.’’. (b) TREATMENT AS M DAP.—Section 2430 of such title is amended— (1) in subsection (a)(2), by inserting ‘‘, including all planned increments or spirals,’’ after ‘‘an eventual total expenditure for procurement’’; and (2) by adding at the end the following new subsection: ‘‘(c) F or purposes of subsection (a)(2), the Secretary shall con- sider, as applicable, the following: ‘‘(1) The estimated level of resources required to fulfill the relevant joint military requirement, as determined by the J oint R equirements O versight Council pursuant to section 1 8 1 of this title. ‘‘(2) The cost estimate referred to in section 23 6 6a(a)(4) of this title. ‘‘(3) The cost estimate referred to in section 2366b(a)(1)(C) of this title. ‘‘(4) The cost estimate within a baseline description as required by section 243 5 of this title.’’. SEC.207 . ORGANIZ A T IONA L CON F LICTS OF INTEREST IN M A J OR D EFENSE AC QU ISITION P ROGRAMS. (a) RE V ISED REG U LATIONS RE Q UIRED.— N ot later than 2 7 0 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Supplement to the Federal Acquisition Regulation to provide uniform guidance and tighten existing requirements for organi z ational conflicts of interest by contractors in major defense acquisition programs. (b) E LEMENTS.—The revised regulations required by subsection (a) shall, at a minimum— (1) address organizational conflicts of interest that could arise as a result of— (A) lead system integrator contracts on major defense acquisition programs and contracts that follow lead system Deadlin e .10USC243 0 n ot e. R e p o r t s.