datamatters24/research-document-archive huggingface dataset:
HR 4986 RDS 
eral Government, including identification of any spe-
cific changes in legislative authority that would be 
required for the Secretary to execute this strategy. 
(c) UTILIZATION OF OTHER STUDIES AND OUTSIDE 
EXPERTS.—The study shall build upon the results of the 
2005 and 2006 Global Shipbuilding Industrial Base 
Benchmarking studies. Financial analysis associated with 
the report shall be conducted in consultation with financial 
experts independent of the Department of Defense. 
SEC. 123. SENSE OF CONGRESS ON THE PRESERVATION OF 
A SKILLED UNITED STATES SHIPYARD WORK-
FORCE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the preservation of a robust domestic skilled 
workforce is required for the national shipbuilding infra-
structure and particularly essential to the construction of 
ships for the United States Navy. 
(b) STUDY REQUIRED.— 
(1) IN GENERAL.—The Secretary of the Navy 
shall determine, on a one-time, non-recurring basis, 
and in consultation with the Department of Labor, 
the average number of H2B visa workers employed 
by the major shipbuilders in the construction of 
United States Navy ships during the calendar year 
ending December 31, 2007. The study shall also 
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identify the number of workers petitioned by the 
major shipbuilders for use in calendar year 2008, as 
of the first quarter of calendar year 2008. 
(2) REPORT.—Not later than April 1, 2008, the 
Secretary of the Navy shall submit to the congres-
sional defense committees a report containing the re-
sults of the study required by subsection (b). 
(3) DEFINITIONS.—In this paragraph— 
(A) the term ‘‘major shipbuilder’’ means a 
prime contractor or a first-tier subcontractor 
responsible for delivery of combatant and sup-
port vessels required for the naval vessel force, 
as reported within the annual naval vessel con-
struction plan required by section 231 of title 
10, United States Code; and 
(B) the term ‘‘H2B visa’’ means a non-im-
migrant visa program that permits employers to 
hire foreign workers to come temporarily to the 
United States and perform temporary non-agri-
cultural services or labor on a one-time, sea-
sonal, peakload, or intermittent basis. 
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SEC. 124. ASSESSMENTS REQUIRED PRIOR TO START OF 
CONSTRUCTION ON FIRST SHIP OF A SHIP-
BUILDING PROGRAM. 
(a) IN GENERAL.—Concurrent with approving the 
start of construction of the first ship for any major ship-
building program, the Secretary of the Navy shall— 
(1) submit a report to the congressional defense 
committees on the results of any production readi-
ness review; and 
(2) certify to the congressional defense commit-
tees that the findings of any such review support 
commencement of construction. 
(b) REPORT.—The report required by subsection 
(a)(1) shall include, at a minimum, an assessment of each 
of the following: 
(1) The maturity of the ship’s design, as meas-
ured by stability of the ship contract specifications 
and the degree of completion of detail design and 
production design drawings. 
(2) The maturity of developmental command 
and control systems, weapon and sensor systems, 
and hull, mechanical and electrical systems. 
(3) The readiness of the shipyard facilities and 
workforce to begin construction. 
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(4) The Navy’s estimated cost at completion 
and the adequacy of the budget to support the esti-
mate. 
(5) The Navy’s estimated delivery date and de-
scription of any variance to the contract delivery 
date. 
(6) The extent to which adequate processes and 
metrics are in place to measure and manage pro-
gram risks. 
(c) APPLICABILITY.—This section applies to each 
major shipbuilding program beginning after the date of 
the enactment of this Act. 
(d) DEFINITIONS.—For the purposes of subsection 
(a): 
(1) START
OF
CONSTRUCTION.—The term 
‘‘start of construction’’ means the beginning of fab-
rication of the hull and superstructure of the ship. 
(2) FIRST SHIP.—The term ‘‘first ship’’ applies 
to a ship if— 
(A) the ship is the first ship to be con-
structed under that shipbuilding program; or 
(B) the shipyard at which the ship is to be 
constructed has not previously started construc-
tion on a ship under that shipbuilding program. 
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(3) MAJOR
SHIPBUILDING
PROGRAM.—The 
term ‘‘major shipbuilding program’’ means a pro-
gram for the construction of combatant and support 
vessels required for the naval vessel force, as re-
ported within the annual naval vessel construction 
plan required by section 231 of title 10, United 
States Code. 
(4) PRODUCTION
READINESS
REVIEW.—The 
term ‘‘production readiness review’’ means a formal 
examination of a program prior to the start of con-
struction to determine if the design is ready for pro-
duction, production engineering problems have been 
resolved, and the producer has accomplished ade-
quate planning for the production phase. 
SEC. 125. LITTORAL COMBAT SHIP (LCS) PROGRAM. 
Section 124 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3157) is amended by striking subsections (a), (b), (c), and 
(d) and inserting the following: 
‘‘(a) LIMITATION OF COSTS.— 
‘‘(1) IN GENERAL.—The total amount obligated 
or expended for the procurement costs of post-2007 
LCS vessels shall not exceed $460,000,000 per ves-
sel. 
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‘‘(2) PROCUREMENT COSTS.—For purposes of 
this section, procurement costs shall include all costs 
for plans, basic construction, change orders, elec-
tronics, ordnance, contractor support, and other 
costs associated with completion of production draw-
ings, ship construction, test, and delivery, including 
work performed post-delivery that is required to 
meet original contract requirements. 
‘‘(3) POST-2007 LCS VESSELS.—For purposes 
of this section, the term ‘post-2007 LCS vessel’ 
means a vessel in the Littoral Combat Ship (LCS) 
class of vessels, the procurement of which is funded 
from amounts appropriated pursuant to an author-
ization of appropriations or otherwise made available 
for fiscal year 2008 or any fiscal year thereafter. 
‘‘(b) CONTRACT TYPE.—The Secretary of the Navy 
shall employ a fixed-price type contract for construction 
of post-2007 LCS vessels. 
‘‘(c) LIMITATION OF GOVERNMENT LIABILITY.—The 
Secretary of the Navy shall not enter into a contract, or 
modify a contract, for construction or final delivery of 
post-2007 LCS vessels if the limitation of the Govern-
ment’s cost liability, when added to the sum of other budg-
eted procurement costs, would exceed $460,000,000 per 
vessel. 
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‘‘(d) ADJUSTMENT OF LIMITATION AMOUNT.—The 
Secretary of the Navy may adjust the amount set forth 
in subsections (a)(1) and (c) for vessels referred to in such 
subsections by the following: 
‘‘(1) The amounts of increases or decreases in 
costs attributable to compliance with changes in 
Federal, State, or local laws enacted after Sep-
tember 30, 2007. 
‘‘(2) The amounts of outfitting costs and costs 
required to complete post-delivery test and trials.’’. 
Subtitle D—Air Force Programs 
SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT. 
No funds appropriated pursuant to an authorization 
of appropriations or otherwise made available for procure-
ment, or for research, development, test, and evaluation, 
may be obligated or expended for the Joint Cargo Aircraft 
until 30 days after the Secretary of Defense submits to 
the congressional defense committees each of the fol-
lowing: 
(1) The Air Force Air Mobility Command’s Air-
lift Mobility Roadmap. 
(2) The Department of Defense Intra-Theater 
Airlift Capabilities Study. 
(3) The Department of Defense Joint Intra- 
Theater Distribution Assessment. 
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(4) The Joint Cargo Aircraft Functional Area 
Series Analysis. 
(5) The Joint Cargo Aircraft Analysis of Alter-
natives. 
(6) The Joint Intra-Theater Airlift Fleet Mix 
Analysis. 
(7) The Secretary’s certification that— 
(A) there is, within the Department of the 
Army, Department of the Air Force, Army Na-
tional Guard, or Air National Guard, a capa-
bility gap or shortfall with respect to intra-the-
ater airlift; and 
(B) validated requirements exist to fill that 
gap or shortfall through procurement of the 
Joint Cargo Aircraft. 
SEC. 132. CLARIFICATION OF LIMITATION ON RETIREMENT 
OF U–2 AIRCRAFT. 
Section 133(b) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2112) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘After fiscal year 2007’’ 
and inserting ‘‘For each fiscal year after fiscal 
year 2007’’; and 
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(B) by inserting after ‘‘Secretary of De-
fense’’ the following: ‘‘, in that fiscal year,’’; 
and 
(2) in paragraph (2)— 
(A) by inserting after ‘‘Department of De-
fense’’ the following: ‘‘in a fiscal year’’; and 
(B) by inserting after ‘‘Congress’’ the fol-
lowing: ‘‘in that fiscal year’’. 
SEC. 133. REPEAL OF REQUIREMENT TO MAINTAIN RE-
TIRED C–130E TACTICAL AIRCRAFT. 
(a) IN GENERAL.—Effective as of the date specified 
in subsection (b), section 137(b) of the John Warner Na-
tional Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 120 Stat. 2114) is repealed. 
(b) SPECIFIED DATE.—The date specified in this 
subsection is the date that is 30 days after the date on 
which the Secretary of the Air Force submits to the con-
gressional defense committees the Fleet Mix Analysis 
Study. 
SEC. 134. LIMITATION ON RETIREMENT OF C–130E/H TAC-
TICAL AIRLIFT AIRCRAFT. 
(a) GENERAL PROHIBITION.—The Secretary of the 
Air Force may not retire C–130E/H tactical airlift aircraft 
during fiscal year 2008, except as provided in subsection 
(b). 
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(b) CONTINGENT AUTHORITY TO RETIRE CERTAIN 
C–130E AIRCRAFT.—Effective as of the date specified in 
subsection (d), subsection (a) shall not apply to C–130E 
tactical airlift aircraft, and the number of such aircraft 
retired by the Secretary of the Air Force during fiscal year 
2008 may not exceed 24. 
(c) TREATMENT OF RETIRED AIRCRAFT.—The Sec-
retary of the Air Force shall maintain each C–130E tac-
tical airlift aircraft that is retired during fiscal year 2008 
in a condition that would allow recall of that aircraft to 
future service. 
(d) SPECIFIED DATE.—The date specified in this 
subsection is the date that is 30 days after the date on 
which the Secretary of the Air Force submits to the con-
gressional defense committees the Fleet Mix Analysis 
Study. 
SEC. 135. LIMITATION ON RETIREMENT OF KC–135E AERIAL 
REFUELING AIRCRAFT. 
(a) LIMITATION ON RETIREMENT OF MORE THAN 48 
AIRCRAFT.—The Secretary of the Air Force may not re-
tire more than 48 KC–135E aerial refueling aircraft of 
the Air Force during fiscal year 2008, except as provided 
in subsection (b). 
(b) CONTINGENT AUTHORITY TO RETIRE 37 ADDI-
TIONAL AIRCRAFT.—Effective as of the date specified in 
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subsection (c), the number of such aircraft retired by the 
Secretary of the Air Force during fiscal year 2008 may 
not exceed 85. 
(c) SPECIFIED DATE.—The date specified in this 
subsection is the date that is 15 days after the date on 
which the Secretary of the Air Force submits to the con-
gressional defense committees the Secretary’s certification 
that— 
(1) the system design and development contract 
for the KC-X program has been awarded; and 
(2) if a protest is submitted pursuant to sub-
chapter 5 of title 31, United States Code— 
(A) the protest has been resolved in favor 
of the Federal agency; or 
(B) the Secretary has authorized perform-
ance of the contract (notwithstanding the pro-
test). 
SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ OF THREE 
C–130E TACTICAL AIRLIFT AIRCRAFT. 
The Secretary of the Air Force may transfer not 
more than 3 C–130E tactical airlift aircraft, allowed to 
be retired under the John Warner National Defense Au-
thorization Act for Fiscal Year 2007 (Public Law 109– 
364), to the Government of Iraq. 
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HR 4986 RDS 
SEC. 137. MODIFICATION OF LIMITATIONS ON RETIREMENT 
OF B–52 BOMBER AIRCRAFT. 
(a) MAINTENANCE OF PRIMARY, BACKUP, AND AT-
TRITION
RESERVE
INVENTORY
OF
AIRCRAFT.—Sub-
section (a) of section 131 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2111) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(C) shall maintain in a common capability 
configuration a primary aircraft inventory of 
not less than 63 such aircraft, a backup aircraft 
inventory of not less than 11 such aircraft, and 
an attrition reserve aircraft inventory of not 
less than 2 such aircraft; and 
‘‘(D) shall not keep any such aircraft re-
ferred to in subparagraph (C) in a status con-
sidered excess to the requirements of the pos-
sessing command and awaiting disposition in-
structions.’’; and 
(2) by adding at the end the following: 
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‘‘(3) DEFINITIONS.—For purposes of paragraph 
(1): 
‘‘(A) The term ‘primary aircraft inventory’ 
means aircraft assigned to meet the primary 
aircraft authorization to— 
‘‘(i) a unit for the performance of its 
wartime mission; 
‘‘(ii) a training unit primarily for 
technical and specialized training for crew 
personnel or leading to aircrew qualifica-
tion; 
‘‘(iii) a test unit for testing of the air-
craft or its components for purposes of re-
search, development, test and evaluation, 
operational test and evaluation, or to sup-
port testing programs; or 
‘‘(iv) meet requirements for special 
missions not elsewhere classified. 
‘‘(B) The term ‘backup aircraft inventory’ 
means aircraft above the primary aircraft in-
ventory to permit scheduled and unscheduled 
depot level maintenance, modifications, inspec-
tions, and repairs, and certain other mitigating 
circumstances without reduction of aircraft 
available for the assigned mission. 
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‘‘(C) The term ‘attrition reserve aircraft 
inventory’ means aircraft required to replace 
anticipated losses of primary aircraft inventory 
due to peacetime accidents or wartime attrition. 
‘‘(4) TREATMENT OF RETIRED AIRCRAFT.—Of 
the aircraft retired in accordance with paragraph 
(1)(A), the Secretary of the Air Force may use not 
more than 2 such aircraft for maintenance ground 
training.’’. 
(b) NOTICE OF RETIREMENT.—Subsection (b)(1) of 
such section is amended by striking ‘‘45 days’’ and insert-
ing ‘‘60 days’’. 
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Operational test and evaluation of Future Combat Systems network. 
Sec. 212. Limitation on use of funds for systems development and demonstra-
tion of Joint Light Tactical Vehicle Program. 
Sec. 213. Requirement to obligate and expend funds for development and pro-
curement of a competitive propulsion system for the Joint 
Strike Fighter. 
Sec. 214. Limitation on use of funds for defense-wide manufacturing science 
and technology program. 
Sec. 215. Advanced Sensor Applications Program. 
Sec. 216. Active protection systems. 
Subtitle C—Ballistic Missile Defense 
Sec. 221. Participation of Director, Operational Test and Evaluation, in missile 
defense test and evaluation activities. 
Sec. 222. Study on future roles and missions of the Missile Defense Agency. 
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SEC. 213. REQUIREMENT TO OBLIGATE AND EXPEND 
FUNDS FOR DEVELOPMENT AND PROCURE-
MENT OF A COMPETITIVE PROPULSION SYS-
TEM FOR THE JOINT STRIKE FIGHTER. 
Of the funds appropriated pursuant to an authoriza-
tion of appropriations or otherwise made available for fis-
cal year 2008 or any year thereafter, for research, develop-
ment, test, and evaluation and procurement for the Joint 
Strike Fighter Program, the Secretary of Defense shall 
ensure the obligation and expenditure in each such fiscal 
year of sufficient annual amounts for the continued devel-
opment and procurement of 2 options for the propulsion 
system for the Joint Strike Fighter in order to ensure the 
development and competitive production for the propulsion 
system for the Joint Strike Fighter. 
SEC. 214. LIMITATION ON USE OF FUNDS FOR DEFENSE- 
WIDE MANUFACTURING SCIENCE AND TECH-
NOLOGY PROGRAM. 
No funds available to the Office of the Secretary of 
Defense for any fiscal year may be obligated or expended 
for the defense-wide manufacturing science and technology 
program unless the Director, Defense Research and Engi-
neering, ensures each of the following: 
(1) A component of the Department of Defense 
has requested and evaluated— 
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(A) competitive proposals, for each project 
under the program that is not a project covered 
by subparagraph (B); and 
(B) proposals from as many sources as is 
practicable under the circumstances, for a 
project under the program if the disclosure of 
the needs of the Department of Defense with 
respect to that project would compromise the 
national security. 
(2) Each project under the program is carried 
out— 
(A) in accordance with the statutory re-
quirements of the Manufacturing Technology 
Program established by section 2521 of title 10, 
United States Code; and 
(B) in compliance with all requirements of 
any directive that applies to manufacturing 
technology. 
(3) An implementation plan has been developed. 
SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM. 
(a) TRANSFER OF FUNDS.—(1) Of the amount au-
thorized to be appropriated by section 201(3) for research, 
development, test, and evaluation, Air Force activities, and 
made available for the activities of the Intelligence Sys-
tems Support Office, an aggregate of $13,000,000 shall 
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be transferred to the Advanced Sensor Applications Pro-
gram not later than 60 days after the date of the enact-
ment of this Act. 
(2) Of the amount authorized to be appropriated by 
section 301(2) for operation and maintenance, Navy ac-
tivities, and made available for the activities of the Office 
of Naval Intelligence, an aggregate of $5,000,000 shall be 
transferred to the Advanced Sensor Applications Program 
not later than 60 days after the date of the enactment 
of this Act. 
(b) ASSIGNMENT OF PROGRAM.—Management of the 
program shall reside within the office of the Under Sec-
retary of Defense for Intelligence until certain conditions 
specified in the classified annex to the statement of man-
agers accompanying this Act are met. The program shall 
be executed by the Commander, Naval Air Systems Com-
mand in consultation with the Program Executive Officer 
for Aviation for the Navy. 
SEC. 216. ACTIVE PROTECTION SYSTEMS. 
(a) LIVE-FIRE TESTS REQUIRED.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall undertake live-fire tests, of appropriate foreign 
and domestic active protection systems with size, 
weight, and power characteristics suitable for pro-
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tecting wheeled tactical vehicles, especially light 
wheeled tactical vehicles, in order— 
(A) to determine the effectiveness of such 
systems for protecting wheeled tactical vehicles; 
and 
(B) to develop information useful in the 
consideration of the adoption of such systems in 
defense acquisition programs. 
(2) REPORTS.—Not later than March 1 of each 
of 2008 and 2009, the Secretary shall submit to the 
congressional defense committees a report on the re-
sults of the tests undertaken under paragraph (1) as 
of the date of such report. 
(3) FUNDING.—The live-fire tests required by 
paragraph (1) shall be conducted using funds au-
thorized and appropriated for the Joint Improvised 
Explosive Device Defeat Fund. 
(b) COMPREHENSIVE ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—The Secretary shall under-
take a comprehensive assessment of active protection 
systems in order to develop information useful in the 
development of joint active protection systems and 
other defense programs. 
(2) ELEMENTS.—The assessment under para-
graph (1) shall include— 
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(A) an identification of the potential merits 
and operational costs of the use of active pro-
tection systems by United States military 
forces; 
(B) a characterization of the threats that 
use of active protection systems by potential ad-
versaries would pose to United States military 
forces and weapons; 
(C) an identification and assessment of 
countermeasures to active protection systems; 
(D) an analysis of collateral damage poten-
tial of active protection systems; 
(E) an identification and assessment of 
emerging direct-fire and top-attack threats to 
defense systems that could potentially deploy 
active protection systems; and 
(F) an identification and assessment of 
critical technology elements of active protection 
systems. 
(3) REPORT.—Not later than December 31, 
2008, the Secretary shall submit to the congres-
sional defense committees a report on the assess-
ment under paragraph (1). 
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