Page:United States Statutes at Large Volume 95.djvu/1157

 PUBLIC LAW 97-86—DEC. 1, 1981

95 STAT. 1131

(E) the identities of the principal contractors for the major defense system; and (F) an index of all testimony and documents formally provided to the Congress on the estimated cost of such system. (c)(1) If the Secretary concerned— (A) on the basis of a report submitted to him pursuant to subsection (a), determines (i) that the total program acquisition unit cost (including any increase for expected inflation) for a major defense system has increased by more than 25 percent over the total program acquisition unit cost for such system reflected in the Selected Acquisition Report of March 31, 1981, or (ii) in the case of any such system for which procurement funds are authorized to be appropriated by this Act, that the current procurement unit cost of such system has increased by more than 25 percent over the procurement unit cost derived from the Selected Acquisition Report of March 31, 1981, and (B) has submitted a report to the Congress with respect to such system pursuant to subsection (b)(3), then (except as provided in paragraph (2)) no additional funds may be obligated in connection with such system after the end of the 60-day period beginning on the day on which the Secretary makes such determination. (2) The prohibition contained in paragraph (1) on the obligation of funds shall not apply in the case of a major defense system to which such prohibition would otherwise apply if the Secretary of Defense submits to the Congress, before the end of the 60-day period referred to in such paragraph, a written certification stating that— (A) such system is essential to the national security; (B) there are no alternatives to such system which will provide equal or greater military capability at less cost; (C) the new estimates of the total program acquisition unit cost or procurement unit cost are reasonable; and (D) the management structure for such major defense system is adequate to manage and control total program acquisition unit cost or procurement unit cost. (d) As used in this section: Definitions. (1) The term "total program acquisition unit cost" means, in the case of a major defense system, the amount equal to (A) the total cost for development and procurement of, and systemspecific military construction for, such system, divided by (B) the number of fully-configured end items to be produced for such system. (2) The term "procurement unit cost" means, in the case of a major defense system, the amount equal to (A) the total of all procurement funds available for such system in any fiscal year, divided by (B) the number of fully-configured end items to be procured with such funds during such fiscal year. (3) The term "Secretary concerned" has the same meaning as provided in section 101(8) of title 10, United States Code. (e) Section 811 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94-106; 10 U.S.C. 139 note), is amended by adding at the end thereof the following new subsection: "(c)(1) Each report required to be submitted under subsection (a) shall include the history of the total program acquisition unit cost of each major defense system from the date on which funds were first authorized to be appropriated for such system. "(2) As used in this subsection, the term 'total program acquisition unit cost* means the amount equal to (A) the total cost for develop-

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