‘‘(10) What the affordability assessment for the 
program is, given projected Army budgets, based on 
that cost estimate.’’. 
SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMU-
NICATIONS NETWORK AND SOFTWARE. 
(a) REPORT REQUIRED.—Not later than July 1, 2009, 
the Assistant Secretary of Defense, Networks and Informa-
tion Integration, shall submit to the congressional defense 
committees a report providing an assessment of the Future 
Combat Systems communications network and software. 
This report shall include, at a minimum, the following: 
(1) An assessment of the vulnerability of the Fu-
ture Combat Systems communications network and 
software to enemy network attack, in particular the 
impact of the use of significant amounts of commer-
cial software in Future Combat Systems software. 
(2) An assessment of the vulnerability of the Fu-
ture Combat Systems communications network to 
electronic warfare, jamming, and other potential 
enemy interference. 
(3) An assessment of the vulnerability of the Fu-
ture Combat Systems communications network to ad-
verse weather and complex terrain. 
(4) An assessment of the Future Combat Systems 
communication network’s dependence on satellite com-
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munications support, and an assessment of the net-
work’s performance in the absence of assumed levels 
of satellite communications support. 
(5) An assessment of the performance of the Fu-
ture Combat Systems communications network when 
operating in a degraded condition due to the factors 
analyzed in paragraphs (1), (2), (3), and (4), and 
how such a degraded network environment would im-
pact the performance of Future Combat Systems bri-
gades and the survivability of Future Combat Sys-
tems manned ground vehicles. 
(b) INCLUSION OF CLASSIFIED ANNEX.—The report re-
quired by subsection (a) may include a classified annex at 
the discretion of the Assistant Secretary, for the purpose 
of providing the assessments required, or to provide addi-
tional supporting information. 
SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VE-
HICLE SELECTED ACQUISITION REPORTS. 
(a) REPORT REQUIRED.—For each of the years 2009 
through 2015, the Secretary of the Army shall, not later 
than February 15 of the year, submit a selected acquisition 
report for each Future Combat Systems manned ground ve-
hicle variant. 
(b) REQUIRED ELEMENTS.—The reports required by 
subsection (a) shall include the same information required 
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in comprehensive annual selected acquisition reports for 
major defense acquisition as defined in section 2432(c) of 
title 10, United States Code. 
(c) DEFINITION.—In this section, the term ‘‘manned 
ground vehicle variant’’ includes the eight distinct variants 
of manned ground vehicle designated on pages seven and 
eight of the Future Combat Systems selected acquisition re-
port of the Department of Defense dated December 31, 2007, 
and any additional manned ground vehicle variants des-
ignated in Future Combat Systems acquisition reports of 
the Department of Defense after the date of the enactment 
of this Act. 
SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DE-
VELOPMENT, TEST, AND EVALUATION LINE 
ITEMS AND PROGRAM ELEMENTS FOR SKY 
WARRIOR 
UNMANNED 
AERIAL 
SYSTEMS 
PROJECT. 
Effective for fiscal year 2010 and for each fiscal year 
thereafter, the Secretary of Defense shall ensure that, in the 
Department of Defense’s annual budget submission to the 
President, within both the account for procurement and the 
account for research, development, test, and evaluation, a 
separate, dedicated line item and program element is des-
ignated for the Sky Warrior Unmanned Aerial Systems 
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project, to the extent such accounts include funding for such 
project. 
SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR 
THE WARFIGHTER INFORMATION NETWORK— 
TACTICAL PROGRAM. 
(a) NOTIFICATION REQUIRED.—The Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall 
notify the congressional defense committees within five days 
after the completion of all of the following actions: 
(1) Approval by the Under Secretary of a new 
acquisition program baseline for the Warfighter Infor-
mation Network-Tactical (WIN–T) Increment 3 pro-
gram. 
(2) Completion of the independent cost estimate 
for the WIN–T Increment 3 program by the Cost 
Analysis Improvement Group, as required by the 
June 5, 2007 recertification by the Under Secretary. 
(3) Completion of the technology readiness assess-
ment of the WIN–T Increment 3 program by the Di-
rector, Defense Research and Engineering, as required 
by the June 5, 2007 recertification by the Under Sec-
retary. 
(b) RESTRICTION ON OBLIGATION OF FUNDS PENDING 
NOTIFICATION.—Of the amounts appropriated pursuant to 
an authorization of appropriations in this Act or otherwise 
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made available for research, development, test, and evalua-
tion, Army, for fiscal year 2009 for the WIN–T Increment 
3 program, not more than 20 percent of those amounts may 
be obligated or expended until 15 days after the notification 
required by subsection (a) is received by the congressional 
defense committees. 
SEC. 216. LIMITATION ON SOURCE OF FUNDS FOR CERTAIN 
JOINT CARGO AIRCRAFT EXPENDITURES. 
Of the amounts appropriated pursuant to an author-
ization of appropriations in this Act or otherwise made 
available for fiscal year 2009 or any fiscal year thereafter 
for the Army, the Secretary of the Army may fund the fol-
lowing Joint Cargo Aircraft expenditures only through 
amounts made available for procurement or for research, 
development, test, and evaluation: support equipment, ini-
tial spares, training simulators, systems engineering and 
management, and post-production modifications. 
Subtitle C—Missile Defense 
Programs 
SEC. 221. INDEPENDENT STUDY OF BOOST PHASE MISSILE 
DEFENSE. 
(a) AGREEMENT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall enter into an agreement with a Federally 
Funded Research and Development Center to conduct an 
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independent study of concepts and systems for boost phase 
missile defense. 
(b) REQUIREMENTS FOR STUDY.— 
(1) SYSTEMS TO BE EXAMINED.—The study re-
quired by subsection (a) shall examine each of the fol-
lowing systems: 
(A) The Airborne Laser. 
(B) The Kinetic Energy Interceptor (land- 
and sea-based options). 
(2) FACTORS
TO
BE
EVALUATED.—The study 
shall evaluate each system based on the following fac-
tors: 
(A) Technical capability of the system 
against scenarios identified in paragraph (3)(A). 
(B) Operational issues, including oper-
ational effectiveness. 
(C) Results of key milestone tests in fiscal 
year 2009 and fiscal years prior. 
(D) Survivability. 
(E) Suitability. 
(F) Concept-of-Operations, including basing 
considerations. 
(G) Operations and maintenance support. 
(H) Command-and-Control. 
(I) Shortfall from intercepts. 
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(J) Force structure requirements. 
(K) Effectiveness against countermeasures. 
(L) Estimated cost of sustaining the system 
in the field. 
(M) Total lifecycle cost estimates. 
(3) SCENARIOS TO BE ASSESSED.— 
(A) IN GENERAL.—The study shall include, 
for each system, an assessment of the operational 
capabilities of the system— 
(i) to counter short-, medium-, and in-
termediate-range ballistic missile threats to 
the deployed forces of the United States and 
its friends and allies from rogue states; and 
(ii) to defend the territory of the 
United States against limited ballistic mis-
sile attack. 
(B) COMPARISON
WITH
NON-BOOST
SYS-
TEMS.—The study shall also include an assess-
ment of the performance and operational capa-
bilities of non-boost missile defense systems to 
counter the threats referred to in subparagraph 
(A), and shall compare those capabilities with 
the predicted performance and operational capa-
bilities of the boost phase missile defense systems 
to counter those threats. For purposes of this sub-
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paragraph, the non-boost missile defense systems 
shall include, at a minimum— 
(i) the Patriot PAC–3 system and the 
Medium Extended Air Defense System 
(MEADS) follow-on system; 
(ii) the Aegis Ballistic Missile Defense 
system, with all variants of the Standard 
Missile-3 interceptor; 
(iii) the Terminal High Altitude Area 
Defense (THAAD) system; and 
(iv) the Ground-based Midcourse De-
fense system. 
(4) ASSESSMENTS
AND
RECOMMENDATIONS.— 
The study shall include the following: 
(A) Assessment of the developmental efforts 
to date and feasibility of the currently funded 
boost phase missile defense systems, using the 
factors outlined in paragraph (2). 
(B) Assessment of the cost and benefits of 
the currently funded boost phase missile defense 
systems. 
(C) A recommended strategy for boost phase 
missile defense investment over the Future Years 
Defense Program. 
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(D) Any other matter that the Federally 
Funded Research and Development Center con-
siders appropriate. 
(c) COOPERATION FROM GOVERNMENT.—In carrying 
out the study, the Federally Funded Research and Develop-
ment Center shall receive the full and timely cooperation 
of the Secretary of Defense and any other United States 
Government official in providing the Center with analyses, 
briefings, and other information necessary for the fulfill-
ment of its responsibilities. 
(d) REPORT.—Not later than January 31, 2010, the 
Federally Funded Research and Development Center shall 
submit to the congressional defense committees a report on 
its findings, conclusions, and recommendations. The report 
shall be in unclassified form, but may include a classified 
annex. 
(e) PROHIBITION.—No funds appropriated pursuant 
to an authorization of appropriations in this Act or other-
wise made available for fiscal year 2009 or any fiscal year 
thereafter may be obligated or expended for the acquisition 
of the second Airborne Laser aircraft until 60 days after 
the report required by this section is submitted. 
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SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR 
PROCUREMENT, CONSTRUCTION, AND DE-
PLOYMENT OF MISSILE DEFENSES IN EU-
ROPE. 
(a) GENERAL LIMITATION.—No funds authorized to be 
appropriated by this Act or otherwise made available for 
the Department of Defense for fiscal year 2009 or any fiscal 
year thereafter may be obligated or expended for procure-
ment, site activation, construction, preparation of equip-
ment for, or deployment of a long-range missile defense sys-
tem in Europe until the following conditions have been met: 
(1) The Government of Poland and the Govern-
ment of the Czech Republic have each signed and rati-
fied the missile defense basing agreements and status 
of forces agreements that allow for the stationing, in 
their respective countries, of the United States missile 
defense assets and personnel needed to carry out the 
proposed deployment. 
(2) Forty-five days have elapsed following the re-
ceipt by the congressional defense committees of the 
report required by section 226(c)(6) of the National 
Defense Authorization Act for Fiscal Year 2008 (Pub-
lic Law 110–181). 
(b) ADDITIONAL LIMITATION.—In addition to the limi-
tation in subsection (a), no funds authorized to be appro-
priated by this Act or otherwise made available for the De-
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partment of Defense for fiscal year 2009 may be obligated 
or expended for the acquisition or deployment of oper-
ational missiles of a long-range missile defense system in 
Europe until the Secretary of Defense, after receiving the 
views of the Director of Operational Test and Evaluation, 
submits to the congressional defense committees a report 
certifying that the proposed interceptor to be deployed as 
part of such missile defense system has demonstrated, 
through successful, operationally realistic flight testing, a 
high probability of working in an operationally effective 
manner and the ability to accomplish the mission. 
(c) CONSTRUCTION.—Nothing in this section shall be 
construed to limit continuing obligation and expenditure 
of funds for missile defense, including for research and de-
velopment and for other activities not otherwise limited by 
subsection (a) or (b), including, but not limited to, site sur-
veys, studies, analysis, and planning and design for the 
proposed missile defense deployment in Europe. 
Subtitle D—Other Matters 
SEC. 231. OVERSIGHT OF TESTING OF PERSONNEL PROTEC-
TIVE 
EQUIPMENT 
BY 
DIRECTOR, 
OPER-
ATIONAL TEST AND EVALUATION. 
(a) RESPONSIBILITIES
OF
THE DIRECTOR, OPER-
ATIONAL TEST AND EVALUATION, WITH RESPECT TO PER-
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SONNEL PROTECTIVE EQUIPMENT.—Section 139 of title 10, 
United States Code, is amended— 
(1) in subsection (a)(2) by adding at the end the 
following: 
‘‘(C) The term ‘covered system’ means a De-
partment of Defense acquisition program that is 
a covered system for purposes of section 2366 of 
this title or that is an item of personnel protec-
tive equipment designated as a covered system by 
the Secretary of Defense, or the Secretary’s des-
ignee, for purposes of this section.’’; and 
(2) in subsection (b)— 
(A) by striking paragraph (3); 
(B) 
by 
redesignating 
paragraphs 
(4) 
through (7) as (3) through (6), respectively; and 
(C) by amending paragraph (6) (as so re-
designated) to read as follows: 
‘‘(6) monitor and review the survivability and 
lethality testing of covered systems, major munition 
programs, and covered product improvement pro-
grams of the Department of Defense provided under 
section 2366 of this title.’’. 
(b) INCLUSION OF PERSONNEL PROTECTIVE EQUIP-
MENT
IN SURVIVABILITY TESTING REQUIRED BEFORE 
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FULL-SCALE
PRODUCTION.—Section 2366 of title 10, 
United States Code, is amended— 
(1) in subsection (e) by amending paragraph (1) 
to read as follows: 
‘‘(1) The term ‘covered system’ means— 
‘‘(A) a vehicle, weapon platform, or conven-
tional weapon system— 
‘‘(i) that includes features designed to 
provide some degree of protection to users in 
combat; and 
‘‘(ii) that is a major system within the 
meaning of that term in section 2302(5) of 
this title; or 
‘‘(B) an item of personnel protective equip-
ment designated as a covered system in accord-
ance with section 139(a)(2)(C) of this title.’’; and 
(2) by adding at the end the following: 
‘‘(f) PERSONNEL PROTECTIVE EQUIPMENT.—In the 
case of an item of personnel protective equipment des-
ignated as a covered system, if, before a decision to proceed 
beyond low rate initial production, a decision is made with-
in the Department of Defense to proceed to operational use 
of that equipment or to make procurement funds available 
for that equipment— 
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‘‘(1) the milestone decision authority (as defined 
in Department of Defense Directive 5000.1, dated 
May 12, 2003) for the associated acquisition program 
shall notify the Director of Operational Test and 
Evaluation of such a decision, along with supporting 
rationale; and 
‘‘(2) the Director of Operational Test and Eval-
uation shall submit to the Secretary of Defense and 
the congressional defense committees the report re-
quired by subsection (d) as soon as practicable.’’. 
SEC. 232. ASSESSMENT OF THE HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES AND MINORITY 
SERVING INSTITUTIONS PROGRAM. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense shall— 
(1) carry out an assessment of the capability of 
Historically Black Colleges and Universities and Mi-
nority Serving Institutions (HBCU/MI) to partici-
pate in research, development, test, and evaluation 
programs for the Department of Defense; and 
(2) not later than twelve months after the date 
of the enactment of this Act, submit to the congres-
sional defense committees a report on the assessment. 
(b) MATTERS ASSESSED.—The report under subsection 
(a) shall include the following: 
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(1) Summarized findings and lessons learned 
from HBCU/MI programs based on contracts, grants, 
or cooperative agreement awards. 
(2) An assessment of the relevance, to include 
outcomes and impacts, of those programs to the re-
search mission of the Department. 
(3) An assessment of the national and regional 
conferences held annually to provide technical assist-
ance and information regarding research, develop-
ment, test, and evaluation activities of the Depart-
ment, including the following: 
(A) The number of such conferences held 
over the last three years, and a description of 
each such conference, to include a description of 
activities conducted to meet the goals of the con-
ference. 
(B) A follow-up assessment of the success of 
such conferences from the perspective both of the 
Department and of the attending institutions. 
(C) An assessment as to whether such con-
ferences are appropriately targeted to institu-
tions that have not historically received con-
tracts, grants or cooperative agreements with the 
Department. 
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(C) condition-based maintenance; 
(D) reliability-based maintenance; 
(E) consolidation and centralization, in-
cluding— 
(i) regionalization; 
(ii) two-level maintenance; and 
(iii) forward-based depot capacity; 
(F) public-private partnerships; 
(G) private-sector depot capability and ca-
pacity; and 
(H) the impact of proprietary technical doc-
umentation. 
(d) AVAILABILITY OF INFORMATION.—The Secretary of 
Defense and the Secretaries of each of the military depart-
ments shall make available to the entity carrying out the 
study under subsection (a) all necessary and relevant infor-
mation to allow the entity to conduct the study in a quan-
titative and analytical manner. 
(e) REPORTS TO COMMITTEES ON ARMED SERVICES.— 
(1) INTERIM
REPORT.—The contract that the 
Secretary enters into under subsection (a) shall pro-
vide that not later than one year after the commence-
ment of the study conducted under this section, the 
chief executive officer of the entity that carries out the 
study pursuant to the contract shall submit to the 
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