Page:United States Statutes at Large Volume 120.djvu/2350

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2319

(4) REPORTS ON USE OF FUNDS.—Not later than 30 days after the use of funds in the special reserve account for the purpose specified in paragraph (3)(C), the Secretary shall submit to the congressional defense committees a report on the use of funds in the account for such purpose. The report shall set forth the purposes for which the funds were used and the reasons for the use of the funds for such purposes. (5) RELATIONSHIP TO APPROPRIATIONS.—Nothing in this subsection may be construed as extending any period of time for which appropriated funds are made available. (g) ADMINISTRATION OF PILOT PROGRAM.—The Secretary of Defense shall prescribe policies and procedures on the administration of the pilot program. Such policies and procedures shall— (1) provide for the use of program status reports based on earned value data to track progress on a major weapon system under the pilot program against baseline estimates applicable to such system at each systems engineering technical review point; and (2) grant authority, to the maximum extent practicable, to the program manager for the acquisition program for a major weapon system to make key program decisions and tradeoffs, subject to management reviews only if cost or schedule deviations exceed the baselines for such acquisition program by 10 percent or more. (h) REMOVAL OF WEAPONS SYSTEMS FROM PILOT PROGRAM.— The Secretary of Defense shall remove a major weapon system from the pilot program if— (1) the weapon system receives Milestone C approval; or (2) the Secretary determines that the weapon system is no longer in substantial compliance with the criteria in subsection (c)(2) or is otherwise no longer appropriate for inclusion in the pilot program. (i) EXPIRATION OF AUTHORITY TO INCLUDE ADDITIONAL SYSTEMS IN PILOT PROGRAM.— (1) EXPIRATION.—A major weapon system may not be included in the pilot program after September 30, 2012. (2) RETENTION OF SYSTEMS.—A major weapon system included in the pilot program before the date specified in paragraph (1) in accordance with the requirements of this section may remain in the pilot program after that date. (j) ANNUAL REPORT.— (1) IN GENERAL.—Not later than one year after including the first major weapon system in the pilot program, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on the pilot program, and the major weapon systems included in the pilot program, during the one-year period ending on the date of such report. (2) ELEMENTS.—Each report under this subsection shall include— (A) a description of progress under the pilot program, and on each major weapon system included in the pilot program, during the period covered by such report; (B) a description of the use of all funds in the special reserve account established under subsection (f); and (C) such other matters as the Secretary considers appropriate.

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