I 
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 De-
fense 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 congres-
sional 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 Representa-
tives 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— 
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(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 deter-
mination 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 sub-
paragraph: 
‘‘(C) If the Secretary of Defense deter-
mines 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, 
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test, evaluation, operation, and support of more 
than $500,000,000, the Secretary shall des-
ignate each such end item as a major subpro-
gram 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 subpro-
gram’’ 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 pro-
gram’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘A written’’ and insert-
ing ‘‘(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 De-
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fense 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 para-
graph (1) with respect to a major defense ac-
quisition program that has had more than one 
program acquisition unit cost increase or pro-
curement unit cost increase resulting in a reas-
sessment 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 sub-
section (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 pe-
riod at the end and inserting ‘‘; and’’; and 
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(C) by adding at the end the following new 
paragraph: 
‘‘(4) consideration of termination plans that 
maximize value, including— 
‘‘(A) immediate termination of the pro-
gram 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 ex-
pended 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 sub-
paragraph (B) for which the resale value ex-
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