Pub. L. 100-180, div. A, tit. VIII, pt. A, sec. 803
OVERSIGHT OF COST OR SCHEDULE VARIANCES IN CERTAIN MAJOR ACQUISITION PROGRAMS
SEC. 803. OVERSIGHT OF COST OR SCHEDULE VARIANCES IN CERTAIN MAJOR ACQUISITION PROGRAMS (a) Enhanced Program Stability.—Section 2435(b)(2) of title 10, United States Code, is amended by striking out “under paragraph (1)” and inserting in lieu thereof the following: “under paragraph (1), and for which the total cost of completion of the stage will exceed by 15 percent or more, in the case of a development stage, or by 5 percent or more, in the case of a production stage, the amount specified in the baseline description established under subsection (a) for such stage; or any milestone specified in such baseline description will be missed by more than 90 days”. (b) Milestone Authorization.—Section 2437 of such title is amended by redesignating paragraph (1) as paragraph (1)(A) and by adding at the end of such paragraph the following new subparagraph: “(B) Notwithstanding the Secretary’s failure to designate a program to be considered for milestone authorization under subparagraph (A), the Committees on Armed Services of the Senate and the House of Representatives may consider such program to have been designated as a defense enterprise program under this section. If the Secretary of Defense is not otherwise required to submit a baseline description for the program, the Secretary shall submit such a baseline description upon the written request of either such Committee.” (c) Defense Enterprise Program.—Section 2436(d)(1) of such title is amended by inserting after “concerned” the following: “with the approval of the Under Secretary of Defense for Acquisition”.