Page:United States Statutes at Large Volume 96 Part 1.djvu/786

 96 STAT. 744

Waiver.

PUBLIC LAW 97-252—SEPT. 8, 1982 determination of a 15 percent increase (as determined under subsection (d)) if the Secretary concerned submits to Congress, before the end of the 30-day period referred to in such subsection, a report containing the information described in subsection (g). "(2) The prohibition in subsection (d)(3)(B) on the obligation of funds for a major defense acquisition program does not apply in the case of a program to which it would otherwise apply, in the case of a determination of a 25 percent increase (as determined under subsection (d))— "(A) if the increase was due to termination or cancellation of the acquisition program; or "(B) if the Secretary of Defense submits to Congress, before the end of the 60-day period referred to in such subsection— "(i) a written certification stating that— "(I) such acquisition program is essential to the national security; "(II) there are no alternatives to such acquisition program which will provide equal or greater military capability at less cost; '(III) the new estimates of the program acquisition unit cost or procurement unit cost are reasonable; and "(IV) the management structure for the acquisition program is adequate to manage and control program acquisition unit cost or procurement unit cost; and "(ii) if a report under paragraph (1) has been previously submitted to Congress with respect to such program for the current fiscal year but was based upon a different unit cost report from the program manager to the Secretary concerned, a further report containing the information described in subsection (g), determined from the time of the previous report to the time of the current report. "(3) The prohibition in subsection (d)(3)(B) on the obligation of funds for a major defense acquisition program shall cease to apply in the case of a program to which it would otherwise apply if, after such prohibition has taken effect, the Committees on Armed Services of the Senate and House of Representatives waive the prohibition with respect to such program. "(f) Any determination of a percentage increase under this section shall include expected inflation. "(g)(1) Except as provided in paragraph (2), each report under subsection (e) with respect to a major defense acquisition program shall include the following: "(A) The name of the major defense acquisition program. "(B) The date of the preparation of the report. "(C) The program phase as of the date of the preparation of the report. "(D) The estimate of the program acquisition cost for the program as shown in the Selected Acquisition Report in which the program was first included, expressed in constant base-year dollars and in current dollars. "(E) The current program acquisition cost in constant baseyear dollars and in current dollars. "(F) A statement of the reasons for any increase in program acquisition unit cost or procurement unit cost. (G) The completion status of the program (i) expressed as the percentage that the number of years for which funds have been appropriated for the program is of the number of years for

�