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