H. R. 4310—32 
an independent cost-benefit analysis that compares the fol-
lowing alternatives: 
(A) Upgrading and modernizing the legacy C–130 airlift 
fleet using the C–130 avionics modernization program. 
(B) Upgrading and modernizing the legacy C–130 airlift 
fleet using a reduced scope program for avionics and mis-
sion planning systems. 
(2) MATTERS
INCLUDED.—The cost-benefit analysis con-
ducted under paragraph (1) shall take into account— 
(A) the effect of life-cycle costs for— 
(i) adopting each of the alternatives described in 
subparagraphs (A) and (B) of paragraph (1); and 
(ii) supporting C–130 aircraft that are not 
upgraded or modernized; and 
(B) the costs associated with the potential upgrades 
to avionics and mission systems that may be required 
for legacy C–130 aircraft to remain relevant and mission 
effective in the future. 
SEC. 144. TREATMENT OF CERTAIN PROGRAMS FOR THE F–22A RAPTOR 
AIRCRAFT AS MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) IN GENERAL.—The Secretary of Defense shall treat the 
programs referred to in subsection (b) for the F–22A Raptor aircraft 
as a major defense acquisition program for which Selected Acquisi-
tion Reports shall be submitted to Congress in accordance with 
the requirements of section 2432 of title 10, United States Code. 
(b) COVERED PROGRAMS.—The programs referred to in this 
subsection for the F–22A Raptor aircraft are the modernization 
Increment 3.2B and any future F–22A Raptor aircraft moderniza-
tion program that would otherwise, if a standalone program, qualify 
for treatment as a major defense acquisition program for purposes 
of chapter 144 of title 10, United States Code. 
(c) OTHER REPORTS.—Not later than March 1 of each year, 
the Secretary of the Air Force shall submit to the congressional 
defense committees a report on the costs, schedules, and perform-
ances of the reliability and maintainability maturation program 
and the structural repair program of the F–22A Raptor moderniza-
tion program, including a comparison of such costs, schedules, and 
performances to an appropriate baseline. 
Subtitle E—Joint and Multiservice Matters 
SEC. 151. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 JOINT AIR-
CRAFT PROGRAM. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the 
Navy may enter into one or more multiyear contracts, beginning 
with the fiscal year 2013 program year, for the procurement of 
V–22 aircraft for the Department of the Navy, the Department 
of the Air Force, and the United States Special Operations Com-
mand. 
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under the contract 
for a fiscal year after fiscal year 2013 is subject to the availability 
of appropriations for that purpose for such later fiscal year.
H. R. 4310—33 
SEC. 152. PROCUREMENT OF SPACE-BASED INFRARED SYSTEMS SAT-
ELLITES. 
(a) CONTRACT AUTHORITY.— 
(1) IN GENERAL.—The Secretary of the Air Force may pro-
cure two space-based infrared systems satellites by entering 
into a fixed-price contract. Such procurement may also 
include— 
(A) material and equipment in economic order quan-
tities when cost savings are achievable; and 
(B) cost-reduction initiatives. 
(2) USE OF INCREMENTAL FUNDING.—With respect to a con-
tract entered into under paragraph (1) for the procurement 
of space-based infrared systems satellites, the Secretary may 
use incremental funding for a period not to exceed six fiscal 
years. 
(3) LIABILITY.—A contract entered into under paragraph 
(1) shall provide that any obligation of the United States to 
make a payment under the contract is subject to the availability 
of appropriations for that purpose, and that the total liability 
to the Government for termination of any contract entered 
into shall be limited to the total amount of funding obligated 
at the time of termination. 
(b) LIMITATION OF COSTS.— 
(1) LIMITATION.—Except as provided by subsection (c), and 
excluding amounts described in paragraph (2), the total amount 
obligated or expended for the procurement of two space-based 
infrared systems satellites authorized by subsection (a) may 
not exceed $3,900,000,000. 
(2) EXCLUSION.—The amounts described in this paragraph 
are amounts associated with the following: 
(A) Plans. 
(B) Technical data packages. 
(C) Post delivery and program support costs. 
(D) Technical support for obsolescence studies. 
(c) WAIVER AND ADJUSTMENT TO LIMITATION AMOUNT.— 
(1) WAIVER.—In accordance with paragraph (2), the Sec-
retary may waive the limitation in subsection (b)(1) if the 
Secretary submits to the congressional defense committees and 
the Permanent Select Committee on Intelligence of the House 
of Representatives written notification of the adjustment made 
to the amount set forth in such subsection. 
(2) ADJUSTMENT.—Upon waiving the limitation under para-
graph (1), the Secretary may adjust the amount set forth in 
subsection (b)(1) by the following: 
(A) The amounts of increases or decreases in costs 
attributable to economic inflation after September 30, 2012. 
(B) The amounts of increases or decreases in costs 
attributable to compliance with changes in Federal, State, 
or local laws enacted after September 30, 2012. 
(C) The amounts of increases or decreases in costs 
of the satellites that are attributable to insertion of new 
technology into a space-based infrared system, as compared 
to the technology built into such a system procured prior 
to fiscal year 2013, if the Secretary determines, and cer-
tifies to the congressional defense committees, that inser-
tion of the new technology is—
H. R. 4310—34 
(i) expected to decrease the life-cycle cost of the 
system; or 
(ii) required to meet an emerging threat that poses 
grave harm to national security. 
(d) REPORT.—Not later than 30 days after the date on which 
the Secretary awards a contract under subsection (a), the Secretary 
shall submit to the congressional defense committees and the 
Permanent Select Committee on Intelligence of the House of Rep-
resentatives a report on such contract, including the following: 
(1) The total cost savings resulting from the authority 
provided by subsection (a). 
(2) The type and duration of the contract awarded. 
(3) The total contract value. 
(4) The funding profile by year. 
(5) The terms of the contract regarding the treatment of 
changes by the Federal Government to the requirements of 
the contract, including how any such changes may affect the 
success of the contract. 
(6) A plan for using cost savings described in paragraph 
(1) to improve the capability of overhead persistent infrared, 
including a description of— 
(A) the available funds, by year, resulting from such 
cost savings; 
(B) the specific activities or subprograms to be funded 
by such cost savings and the funds, by year, allocated 
to each such activity or subprogram; 
(C) the objectives for each such activity or subprogram 
and the criteria used by the Secretary to determine which 
such activity or subprogram to fund; 
(D) the method in which such activities or subprograms 
will be awarded, including whether it will be on a competi-
tive basis; and 
(E) the process for determining how and when such 
activities and subprograms would transition to an existing 
program or be established as a new program of record. 
(e) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE NUMBERS 
5 AND 6.—The Secretary may obligate and expend amounts author-
ized to be appropriated for fiscal year 2013 by section 101 for 
procurement, Air Force, as specified in the funding table in section 
4101 and available for the advanced procurement of long-lead parts 
and the replacement of obsolete parts for space-based infrared 
system satellite space vehicle numbers 5 and 6. 
(f) SENSE OF CONGRESS.—It is the sense of Congress that the 
Secretary should not enter into a fixed-price contract under sub-
section (a) for the procurement of two space-based infrared system 
satellites unless the Secretary determines that entering into such 
a contract will save the Air Force substantial savings, as required 
under section 2306b of title 10, United States Code, over the cost 
of procuring two such satellites separately. 
SEC. 153. LIMITATION ON AVAILABILITY OF FUNDS FOR EVOLVED 
EXPENDABLE LAUNCH VEHICLE PROGRAM. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2013 for 
the Air Force for the evolved expendable launch vehicle program, 
10 percent may not be obligated or expended until the date on
H. R. 4310—35 
which the Secretary of the Air Force submits to the appropriate 
congressional committees— 
(1) a report describing the acquisition strategy for such 
program; and 
(2) written certification that such strategy— 
(A) maintains assured access to space; 
(B) achieves substantial cost savings; and 
(C) provides opportunities for competition. 
(b) MATTERS INCLUDED.—The report under subsection (a)(1) 
shall include the following information: 
(1) The anticipated savings to be realized under the acquisi-
tion strategy for the evolved expendable launch vehicle pro-
gram. 
(2) The number of launch vehicle booster cores covered 
by the planned contract for such program. 
(3) The number of years covered by such contract. 
(4) An assessment of when new entrants that have sub-
mitted a statement of intent will be certified to compete for 
evolved expendable launch vehicle-class launches. 
(5) The projected launch manifest, including possible 
opportunities for certified new entrants to compete for evolved 
expendable launch vehicle-class launches. 
(6) Any other relevant analysis used to inform the acquisi-
tion strategy for such program. 
(c) COMPTROLLER GENERAL.— 
(1) REVIEW.—The Comptroller General of the United States 
shall review the report under subsection (a)(1). 
(2) SUBMITTAL.—Not later than 30 days after the date 
on which the report under subsection (a)(1) is submitted to 
the appropriate congressional committees, the Comptroller Gen-
eral shall— 
(A) submit to such committees a report on the review 
under paragraph (1); or 
(B) provide to such committees a briefing on such 
review. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The congressional defense committees. 
(2) The Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on 
Intelligence of the Senate. 
SEC. 154. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT 
OF RQ–4 GLOBAL HAWK UNMANNED AIRCRAFT SYSTEMS. 
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2013 for the Department of Defense may be obligated or expended 
to retire, prepare to retire, or place in storage an RQ–4 Block 
30 Global Hawk unmanned aircraft system. 
(b) 
MAINTAINED
LEVELS.—During 
the 
period 
preceding 
December 31, 2014, in supporting the operational requirements 
of the combatant commands, the Secretary of the Air Force shall 
maintain the operational capability of each RQ–4 Block 30 Global 
Hawk unmanned aircraft system belonging to the Air Force or 
delivered to the Air Force during such period.