Page:United States Statutes at Large Volume 120.djvu/2356

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[120 STAT. 2325]
[120 STAT. 2325]
PUBLIC LAW 109-000—MMMM. DD, 2006

PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2325

‘‘(C) there has been a significant, adverse change in the expected performance of the major automated information system to be acquired under the program from the parameters originally submitted to Congress under paragraph (4) of section 2445b(b) of this title. ‘‘(d) REPORT ON CRITICAL CHANGES IN PROGRAM.— ‘‘(1) IN GENERAL.—If, based on a quarterly report submitted by the program manager of a major automated information system program pursuant to subsection (a), the senior Department of Defense official responsible for the program makes a determination described in paragraph (2), the official shall, not later than 60 days after receiving such report— ‘‘(A) carry out an evaluation of the program under subsection (e); and ‘‘(B) submit, through the Secretary of Defense, to the congressional defense committees a report meeting the requirements of subsection (f). ‘‘(2) COVERED DETERMINATION.—A determination described in this paragraph with respect to a major automated information system program is a determination that— ‘‘(A) the system failed to achieve initial operational capability within five years of milestone A approval; ‘‘(B) there has been a schedule change that will cause a delay of one year or more in any program schedule milestone or significant event from the schedule originally submitted to Congress under paragraph (1) or (2) of section 2445b(b) of this title; ‘‘(C) the estimated program development cost or full life-cycle cost for the program has increased by 25 percent or more over the original estimate submitted to Congress under paragraph (3) of section 2445b(b) of this title; or ‘‘(D) there has been a change in the expected performance of the major automated information system to be acquired under the program that will undermine the ability of the system to perform the functions anticipated at the time information on the program was originally submitted to Congress under section 2445b(b) of this title. ‘‘(e) PROGRAM EVALUATION.—The evaluation of a major automated information system program conducted under this subsection for purposes of subsection (d)(1)(A) shall include an assessment of— ‘‘(1) the projected cost and schedule for completing the program if current requirements are not modified; ‘‘(2) the projected cost and schedule for completing the program based on reasonable modification of such requirements; and ‘‘(3) the rough order of magnitude of the cost and schedule for any reasonable alternative system or capability. ‘‘(f) REPORT ON CRITICAL PROGRAM CHANGES.—A report on a major automated information system program conducted under this subsection for purposes of subsection (d)(1)(B) shall include a written certification (with supporting explanation) stating that— ‘‘(1) the automated information system to be acquired under the program is essential to the national security or to the efficient management of the Department of Defense; ‘‘(2) there is no alternative to the system which will provide equal or greater capability at less cost;

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