Page:United States Statutes at Large Volume 124.djvu/2706

 124 STAT. 2680 PUBLIC LAW 111–259—OCT. 7, 2010 for each determination made in accordance with subparagraphs (A) through (E) of paragraph (2), and a description of all funding changes made as a result of the growth in the cost of the major system, including reductions made in funding for other systems to accommodate such cost growth, together with supporting docu- mentation. ‘‘(c) ACTIONS IF MAJOR SYSTEM NOT TERMINATED.—If the Director elects not to terminate a major system pursuant to sub- section (b), the Director shall— ‘‘(1) restructure the major system in a manner that addresses the root cause or causes of the critical cost growth, as identified pursuant to subsection (a), and ensures that the system has an appropriate management structure as set forth in the certification submitted pursuant to subsection (b)(2)(E); ‘‘(2) rescind the most recent Milestone approval for the major system; ‘‘(3) require a new Milestone approval for the major system before taking any action to enter a new contract, exercise an option under an existing contract, or otherwise extend the scope of an existing contract under the system, except to the extent determined necessary by the Milestone Decision Authority, on a nondelegable basis, to ensure that the system may be restructured as intended by the Director without unnecessarily wasting resources; ‘‘(4) establish a revised current Baseline Estimate for the major system based upon an updated cost estimate; and ‘‘(5) conduct regular reviews of the major system. ‘‘(d) ACTIONS IF MAJOR SYSTEM TERMINATED.—If a major system is terminated pursuant to subsection (b), the Director shall submit to Congress a written report setting forth— ‘‘(1) an explanation of the reasons for terminating the major system; ‘‘(2) the alternatives considered to address any problems in the major system; and ‘‘(3) the course the Director plans to pursue to meet any intelligence requirements otherwise intended to be met by the major system. ‘‘(e) FORM OF REPORT.—Any report or certification required to be submitted under this section may be submitted in a classified form. ‘‘(f) WAIVER.—(1) The Director may waive the requirements of subsections (d)(2), (e), and (g) of section 506E and subsections (a)(2), (b), (c), and (d) of this section with respect to a major system if the Director determines that at least 90 percent of the amount of the current Baseline Estimate for the major system has been expended. ‘‘(2)(A) If the Director grants a waiver under paragraph (1) with respect to a major system, the Director shall submit to the congressional intelligence committees written notice of the waiver that includes— ‘‘(i) the information described in section 506E(f); and ‘‘(ii) if the current total acquisition cost of the major system has increased by a percentage equal to or greater than the critical cost growth threshold— ‘‘(I) a determination of the root cause or causes of the critical cost growth, as described in subsection (a)(1); and Notification. Reports.