Critical cost growth termination

Section 4376 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting (other than a program described in paragraph (4)(A)) after major defense acquisition program; (B) in paragraph (3)— (i) by striking A written and inserting (A) A written; and (ii) by adding at the end the following new subparagraph: (B) The Secretary shall make publicly available on a website of the Department of Defense each report required under subparagraph (A).; and (C) by adding at the end the following new paragraphs: (4) Second critical breach (A) The Secretary may not submit to Congress a written certification under paragraph (1) with respect to a major defense acquisition program that has had more than one program acquisition unit cost increase or procurement unit cost increase resulting in a reassessment under subsection (a). (B) The Secretary shall terminate a major defense acquisition program described in subparagraph (A) not later than 90 days after conducting the reassessment required by subsection (a) with respect the program. (5) Delegation The Secretary may not delegate the submission of a written certification under paragraph (1).; and (2) in subsection (c)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting; and; and (C) by adding at the end the following new paragraph: (4) consideration of termination plans that maximize value, including— (A) immediate termination of the program with no further action; (B) termination of the program after completion of the end items in production and for which funds have been obligated or expended under the program as of the date that— (i) if the program was terminated under subsection (b)(1), is the last day of the applicable 60-day period described in such subsection for the program; or (ii) if the program was terminated under subsection (b)(4), is 90 days after the date on which the Secretary completed the reassessment required by subsection (a) pursuant to which the program was so terminated; (C) termination of the program after completion of the end items described in subparagraph (B) for which the resale value exceeds the cost of completing such end items; and (D) any other course of action to maximize the value to the Government of the funds that have been obligated or expended under the program as of the date that— (i) if the program was terminated under subsection (b)(1), is the last day of the applicable 60-day period described in such subsection for the program; or (ii) if the program was terminated under subsection (b)(4), is 90 days after the date on which the Secretary completed the reassessment required by subsection (a) pursuant to which the program was so terminated..