119-hr4372

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4372 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4372

 To amend title 10 to shorten breach reporting timelines, increase 
program transparency, and improve congressional oversight of Department 
 of Defense cost overruns with respect to the cost growth for major 
 systems, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 14, 2025

 Mr. Garamendi (for himself, Mr. Gimenez, Ms. Jacobs, Mr. Deluzio, and 
 Ms. Schakowsky) introduced the following bill; which was referred to 
 the Committee on Armed Services

_______________________________________________________________________

 A BILL

 To amend title 10 to shorten breach reporting timelines, increase 
program transparency, and improve congressional oversight of Department 
 of Defense cost overruns with respect to the cost growth for major 
 systems, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORTEN NUNN-MCCURDY BREACH REPORT TIMELINE.

 

Section 4374 of title 10, United States Code, is amended--

    (1) in subsection

    (a) , by striking ``When a unit cost 
 report'' and inserting ``Not later than 30 days after a unit 
 cost report'';

    (2) in subsection

    (b) , by striking ``When a unit cost 
 report'' and inserting ``Not later than 30 days after a unit 
 cost report''; and

    (3) in subsection
            (c) , by amending paragraph

    (2) to read as 
 follows:
 ``

    (2) Time for submission of notification to congress.--In 
 the case of a determination based on a quarterly report 
 submitted in accordance with 

section 4372 of this title or a 
 report submitted in accordance with 

section 4373 of this title, 
 the Secretary shall submit the notification to Congress within 
 30 days after the date on which the determination was made.''.

SEC. 2. END ITEM MAJOR SUBPROGRAM DESIGNATION.

 

Section 4203

    (a)

    (1) of title 10, United States Code, is amended by 
adding at the end the following new subparagraph:
 ``
            (C) If the Secretary of Defense determines that a 
 major defense acquisition program requires the delivery 
 of two or more end items that are each estimated to 
 require an eventual total expenditure for research, 
 development, test, evaluation, operation, and support 
 of more than $500,000,000, the Secretary shall 
 designate each such end item as a major subprogram for 
 the purposes of acquisition reporting under this 
 subpart.''.

SEC. 3. OPERATIONS AND SUPPORT COST INCLUSION.

 

Section 4214

    (a)

    (2) of title 10, United States Code, is amended by 
inserting ``for the life cycle of such major defense acquisition 
program or designated major subprogram'' before the period at the end.

SEC. 4. 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.''.
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