tion Report containing the information described in subsection (g) is not submitted to Congress under paragraph (1), or if a determination of an increase of at least 25 percent is made by the Secretary under subsection (d) and the certification of the Secretary of Defense is not submitted to Congress under paragraph (2), funds appropriated for military construction, for research, development, test, and evaluation, and for procurement may not be obligated for a major contract under the program. The prohibition on the obligation of funds for a major defense acquisition program shall cease to apply at the end of a period of 30 days of continuous session of Congress (as determined under section 7307(b)(2) of this title) beginning on the date (A) on which Congress receives the Selected Acquisition Report under paragraph (1) or (2)(B) with respect to that program, in the case of a determination of an increase of at least 15 percent (as determined in subsection (d)); or (B) on which Congress has received both the Selected Acquisition Report under paragraph (1) or (2)(B) and the certification of the Secretary of Defense under paragraph (2)(A) with respect to that program, in the case of an increase of at least 25 percent (as determined under subsection (d)). (f) Any determination of a percentage increase under this section shall be stated in terms of constant base year dollars (as described in section 2430 of this title). (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. (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 baseyear 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 which it is planned that funds will be appropriated for the program, and (ii) expressed as the percentage that the amount of funds that have been appropriated for the program is of the total amount of funds which it is planned will be appropriated for the program. (H) The fiscal year in which information on the program was first included in a Selected Acquisition Report (referred to in this paragraph as the "base year") and the date of that Selected Acquisition Report in which information on the program was first included. (I) The type of the Baseline Estimate that was included in the baseline description under section 2435 of this title and the date of the Baseline Estimate. (J) The current change and the total change, in dollars and expressed as a percentage, in the program acquisition unit cost, stated both in constant base-year dollars and in current dollars. (K) The current change and the total change, in dollars and expressed as a percentage, in the procurement unit cost, stated both in constant base-year dollars and in current dollars and the procurement unit cost for the succeeding fiscal year expressed in constant base-year dollars and in current year dollars. (L) The quantity of end items to be acquired under the program and the current change and total change, if any, in that quantity. (M) The identities of the military and civilian officers responsible for program management and cost control of the program. (N) The action taken and proposed to be taken to control future cost growth of the program. (0) Any changes made in the performance or schedule milestones of the program and the extent to which such changes have contributed to the increase in program acquisition unit cost or procurement unit cost. (P) The following contract performance assessment information with respect to each major contract under the program: (i) The name of the contractor. (ii) The phase that the contract is in at the time of the preparation of the report. (iii) The percentage of work under the contract that has been completed. (iv) Any current change and the total change, in dollars and expressed as a percentage, in the contract cost. (v) The percentage by which the contract is currently ahead of or behind schedule. (vi) A narrative providing a summary explanation of the most significant occurrences, including cost and schedule variances under major contracts of the program, contributing to the changes identified and a discussion of the effect these occurrences will have on future program costs and the program schedule. (2) If a program acquisition unit cost increase or a procurement unit cost increase for a major defense acquisition program that results in a report under this subsection is due to termination or cancellation of the entire program, only the information specified in clauses (A) through (F) of paragraph (1) and the percentage change in program acquisition unit cost or procurement unit cost that resulted in the report need be included in the report. The certification of the Secretary of Defense under subsection (e) is not required to be submitted for termination or cancellation of a program. (h) Reporting under this section shall not apply if a program has received a limited reporting waiver under section 2432(h) of this title. (Added as § 139b P.L. 97-252, §1107(a)(1), Sept. 8, 1982, 96 Stat. 741, and amended P.L. 9894, § 1268(1), Sept. 24, 1983, 97 Stat. 705; P.L. 98-525, §1242(b), Oct. 19, 1984, 98 Stat. 2607; P.L. 99-145, § 1303(a)(1), Nov. 8, 1985, 99 Stat. 738; transferred, redesignated §2433, and amended P.L. 99–433, § 110 (d)(14), (gX8), Oct. 1, 1986, 100 Stat. 1003, 1004; amended identically P.L. 99-500, 99-591, 99-661, §§ 101(c) [§ 961(b)), 101(c) [§ 961(b)], 961(b), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-176, 3341-176, 3956; amended P.L. 100-26, §7 (b)(4), (k)(3), April 21, 1987, 101 Stat. 279, 284; P.L. 101-189, 8811(a), Nov. 29, 1989, 103 Stat. 1490; P.L. 101510, § 1484(k)(10), Nov. 5, 1990, 104 Stat. 1719; P.L. 102-484, §817(d), Oct. 23, 1992, 106 Stat. 2456; P.L. 103–35, §201(i)(2), May 31, 1993, 107 Stat. 100; P.L. 103–355, § 3002(a)(2), 3003, Oct. 13, 1994, 108 Stat. 3328, 3329.) § 2434. Independent cost estimates; operational manpower requirements (a) REQUIREMENT FOR APPROVAL.-The Secretary of Defense may not approve the engineering and manufacturing development, or the production and deployment, of a major defense acquisition program unless an independent estimate of the full life-cycle cost of the program and a manpower estimate for the program have been considered by the Secretary. (b) REGULATIONS.-The Secretary of Defense shall prescribe regulations governing the content and submission of the estimates required by subsection (a). The regulations shall require (1) that the independent estimate of the full life-cycle cost of a program (A) be prepared by an office or other entity that is not under the supervision, direction, or control of the military department, Defense Agency, or other component of the Department of Defense that is directly responsible for carrying out the development or acquisition of the program; and (B) include all costs of development, procurement, military construction, and operations and support, without regard to funding source or management control; and (2) that the manpower estimate include an estimate of the total number of personnel required (A) to operate, maintain, and support the program upon full operational deployment; and (B) to train personnel to carry out the activities referred to in subparagraph (A). (Added as § 139c P.L. 98-94, § 1203(a)(1), Sept. 24, 1983, 97 Stat. 682; transferred, redesignated § 2434, and amended, P.L. 99-433, § 110(d)(15), (gX9), Oct. 1, 1986, 100 Stat. 1003, 1004; P.L. 99-661, § 1208, Nov. 14, 1986, 100 Stat. 3975; P.L. 100-26, §7(b)(5), April 21, 1987, 101 Stat. 279; P.L. 100-456, §525(3), Sept. 29, 1988, 102 Stat. 1975; P.L. 102–190, §801(a), (b)(1), Dec. 5, 1991, 105 Stat. 1412; P.L. 103-355, § 3004, Oct. 13, 1994, 108 Stat. 3330.) (a) BASELINE DESCRIPTION REQUIREMENT.-(1) The Secretary of a military department shall establish a baseline description for 5 Section 5002(a) of the Federal Acquisition Streamlining Act of 1994 (P.L. 103-355; 108 Stat. 3350) provides: (a) REVIEW.-The Secretary of Defense shall review the regulations of the Department of Defense to ensure that acquisition program cycle procedures are focused on achieving the goals that are consistent with the program baseline description established pursuant to section 2435 of title 10, United States Code. each major defense acquisition program under the jurisdiction of such Secretary. (2) The baseline shall include sufficient parameters to describe the cost estimate (referred to as the "Baseline Estimate" in section 2433 of this title), schedule, performance, supportability, and any other factor of such major defense acquisition program. (b) FUNDING LIMIT.-No amount appropriated or otherwise made available to the Department of Defense for carrying out a major defense acquisition program may be obligated after the program enters engineering and manufacturing development without an approved baseline description unless such obligation is specifically approved by the Under Secretary of Defense for Acquisition and Technology. (c) SCHEDULE.-A baseline description for a major defense acquisition program shall be prepared under this section (1) before the program enters demonstration and validation; (2) before the program enters engineering and manufacturing development; and (3) before the program enters production and deployment. (d) REGULATIONS.-The Secretary of Defense shall prescribe regulations governing the following: (1) The content of baseline descriptions under this section. (2) The submission to the Secretary of the military department concerned and the Under Secretary of Defense for Acquisition and Technology by the program manager for a program for which there is an approved baseline description under this section of reports of deviations from the baseline of the cost, schedule, performance, supportability, or any other factor of the program. (3) Procedures for review of such deviation reports within the Department of Defense. (4) Procedures for submission to, and approval by, the Secretary of Defense of revised baseline descriptions. (Added by identical amendments P.L. 99-500, 99-591, 99-661, §§ 101(c) [§ 904(a)), 101(c) [8904(a)], 904(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-133, 3341-133, 3912, and amended P.L. 100-26, §7(b)(6), April 21, 1987, 101 Stat. 280; P.L. 100-180, § 803(b), Dec. 4, 1987, 101 Stat. 1125; P.L. 100–370, § 1(i)(1), July 19, 1988, 102 Stat. 848; P.L. 101-189, §811(b), Nov. 29, 1989, 103 Stat. 1493; P.L. 101-610, 881207(b), 1484(k)(11), Nov. 5, 1990, 104 Stat. 1665, 1719; P.L. 103-160, §904(d), Nov. 30, 1993, 107 Stat. 1728, revised in its entirety P.L. 103-355, 3005(a), Oct. 13, 1994, 108 Stat. 3330.) [§ 2436. Repealed. P.L. 103–160, §821(a)(5), Nov. 30, 1993, 107 Stat. 1704] [§ 2437. Repealed. P.L. 103-160, §821(a)(5), Nov. 30, 1993, 107 Stat. 1704] [§ 2438. Repealed. P.L. 103-355, 3006(a), Oct. 13, 1994, 108 Stat. 3331] [§ 2439. Repealed. P.L. 103-355, §3007(a), Oct. 13, 1994, 108 Stat. 3331] 82440. Technology and Industrial Base Plans The Secretary of Defense shall prescribe regulations requiring consideration of the national technology and industrial base in the |