Page:United States Statutes at Large Volume 117.djvu/1432

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1413

135E aircraft of the Air Force that are retired in fiscal year 2004, if any, does not exceed 12 such aircraft. (b) REQUIRED ANALYSIS.—Not later than March 1, 2004, the Secretary of the Air Force shall submit to the congressional defense committees an analysis of alternatives for meeting the aerial refueling requirements that the Air Force has the mission to meet. The Secretary shall provide for the analysis to be performed by a federally funded research and development center or another entity independent of the Department of Defense. SEC. 135. PROCUREMENT OF TANKER AIRCRAFT.

(a) LEASED AIRCRAFT.—The Secretary of the Air Force may lease no more than 20 tanker aircraft under the multiyear aircraft lease pilot program referred to in subsection (d). (b) MULTIYEAR PROCUREMENT AUTHORITY.—(1) Beginning with the fiscal year 2004 program year, the Secretary of the Air Force may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract for the purchase of tanker aircraft necessary to meet the requirements of the Air Force for which leasing of tanker aircraft is provided for under the multiyear aircraft lease pilot program but for which the number of tanker aircraft leased under the authority of subsection (a) is insufficient. (2) The total number of tanker aircraft purchased through a multiyear contract under this subsection may not exceed 80. (3) Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this subsection may be for any period not in excess of 10 program years. (4) A multiyear contract under this subsection may be initiated or continued for any fiscal year for which sufficient funds are available to pay the costs of such contract for that fiscal year, without regard to whether funds are available to pay the costs of such contract for any subsequent fiscal year. Such contract shall provide, however, that performance under the contract during the subsequent year or years of the contract is contingent upon the appropriation of funds and shall also provide for a cancellation payment to be made to the contractor if such appropriations are not made. (c) STUDY OF LONG-TERM TANKER AIRCRAFT MAINTENANCE AND TRAINING REQUIREMENTS.—(1) The Secretary of Defense shall carry out a study to identify alternative means for meeting the longterm requirements of the Air Force for— (A) the maintenance of tanker aircraft leased under the multiyear aircraft lease pilot program or purchased under subsection (b); and (B) training in the operation of tanker aircraft leased under the multiyear aircraft lease pilot program or purchased under subsection (b). (2) Not later than April 1, 2004, the Secretary of Defense shall submit a report on the results of the study to the congressional defense committees. (d) MULTIYEAR AIRCRAFT LEASE PILOT PROGRAM DEFINED.— In this section, the term ‘‘multiyear aircraft lease pilot program’’ means the aerial refueling aircraft program authorized under section 8159 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117; 115 Stat. 2284). (e) SENSE OF CONGRESS.—It is the sense of Congress that, in budgeting for a program to acquire new tanker aircraft for

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