10 U.S.C. § 4376: Breach of critical cost growth threshold: reassessment of program; presumption of program termination

determine the root cause or causes of the critical cost growth in accordance with applicable statutory requirements and Department of Defense policies, procedures, and guidance; and the projected cost of completing the program if current requirements are not modified; the projected cost of completing the program based on reasonable modification of such requirements; the rough order of magnitude of the costs of any reasonable alternative system or capability; and the need to reduce funding for other programs due to the growth in cost of the program. After conducting the reassessment required by subsection (a) with respect to a major defense acquisition program, the Secretary shall terminate the program unless the Secretary submits to Congress, before the end of the 60-day period beginning on the day the Selected Acquisition Report containing the information described in section 4375(d) and (e) of this title is required to be submitted under section 4351(f) of this title , a written certification in accordance with paragraph (2). the continuation of the program is essential to the national security; there are no alternatives to the program which will provide acceptable capability at less cost; the new estimates of the program acquisition unit cost or procurement unit cost have been determined by the Director of Cost Assessment and Program Evaluation to be reasonable; the program is a higher priority than programs whose funding must be reduced to accommodate the growth in cost of the program; and the management structure for the program is adequate to manage and control program acquisition unit cost or procurement unit cost. A written certification under paragraph (2) shall be accompanied by a report presenting the root cause analysis and assessment carried out pursuant to subsection (a) and the basis for each determination made in accordance with subparagraphs (A) through (E) of paragraph (2), together with supporting documentation. an explanation of the reasons for terminating the program; the alternatives considered to address any problems in the program; and the course the Department plans to pursue to meet any continuing military requirements otherwise intended to be met by the program.