Page:United States Statutes at Large Volume 120.djvu/2155

 120 STAT. 2124

PUBLIC LAW 109–364—OCT. 17, 2006

Functional Reviews, Preliminary Design Reviews, and Technical Readiness Levels. (3) Whether actual demonstrations, rather than simulations, have shown that the concept of the program will work. (4) Whether actual demonstrations, rather than plans, have shown that the software for the program is functional. (5) What the cost estimate for the program is. (6) What the affordability assessment for the program is, based on that cost estimate. (c) REPORT.—The Secretary shall submit to the congressional defense committees a report on the findings and conclusions of the milestone review required by subsection (a). The report shall include, and display, each of the assessments required by subsection (a) and each of the determinations required by subsection (b). (d) RESTRICTION ON PROCUREMENT FUNDS EFFECTIVE FISCAL 2009.— (1) IN GENERAL.—For fiscal years beginning with 2009, the Secretary may not obligate any funds for procurement for the Future Combat Systems program. (2) EXCEPTIONS.—Paragraph (1) does not apply with respect to— (A) the obligation of funds for costs attributable to an insertion of new technology (to include spinout systems) into the current force, if the insertion is approved by the Under Secretary of Defense for Acquisition, Technology, and Logistics; or (B) the obligation of funds for the non-line-of-sight cannon system. (3) TERMINATION.—The requirement of paragraph (1) terminates after the report required by subsection (c) is submitted. SEC. 215. DEDICATED AMOUNTS FOR IMPLEMENTING OR EVALUATING NAVY SHIPBUILDING TECHNOLOGY PROPOSALS UNDER DEFENSE ACQUISITION CHALLENGE PROGRAM.

(a) AMOUNTS REQUIRED.—Of the amounts appropriated pursuant to the authorization of appropriations in section 201(4) for research, development, test, and evaluation, Defense-wide, $4,000,000 may be available to implement or evaluate challenge proposals specified in subsection (b). (b) CHALLENGE PROPOSALS COVERED.—A challenge proposal referred to in subsection (a) is a proposal under the Defense Acquisition Challenge Program established by section 2359b of title 10, United States Code, that relates to technology directly contributing to combat systems and open architecture design for Navy ship platforms. SEC. 216. INDEPENDENT ESTIMATE OF COSTS OF THE FUTURE COMBAT SYSTEMS.

(a) INDEPENDENT ESTIMATE REQUIRED.— (1) IN GENERAL.—The Secretary of Defense shall provide for the preparation of an independent estimate of the anticipated costs of systems development and demonstration with respect to the Future Combat Systems. (2) CONDUCT OF ESTIMATE.—The estimate required by this subsection shall be prepared by a federally funded research and development center selected by the Secretary for purposes of this subsection.

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