Page:United States Statutes at Large Volume 122.djvu/63

 12 2 STA T .40PUBLIC LA W 110 – 1 8 1 —J A N .28, 2008 (c)AVAIL A B ILI TYOFRDT&EFUNDS FO R FIS C AL YE AR 20 0 9.—Upona pp r o v a lbytheS ecretary o f Defen s e , an d cons i stent w ith the plan s u b m itted under subsection (f), funds appropriated pursu - ant to an authori z ation of appropriations or otherwise made avail- able for fiscal year 2009 for research, development, test, and evalua- tion for the M issile Defense A g ency— ( 1 ) may be used for the fielding of ballistic missile defense capabilities approved previously by C ongress and (2) may not be used for— (A) military construction activities; or ( B ) procurement or advance procurement of long lead items, including for Terminal H igh Altitude Area Defense firing units 3 and 4, and for Standard Missile-3 Bloc k 1A interceptors. (d) FULL FUNDIN G RE Q UIRE M ENT N OTA P PLICABLE TO USE OF P ROCUREMENT FUNDS FOR FISCAL YEARS 2009 AND 2010.— I n any case in which funds appropriated pursuant to an authorization of appropriations or otherwise made available for procurement for the Missile Defense Agency for fiscal years 2009 and 2010 are used for the fielding of ballistic missile defense capabilities, the funds may be used for the fielding of those capabilities on an ‘ ‘incremental ’ ’ basis, notwithstanding any law or policy of the Department of Defense that would otherwise re q uire a ‘‘full funding’’ basis. (e) RELATIONS H IP TO O THER L A W .—Nothing in this provision shall be construed to alter or otherwise affect in any way the applicability of the requirements and other provisions of section 234(a) through (d) of the Ronald W . Reagan National Defense Authorization Act for Fiscal Year 200 5 (Public Law 10 8– 3 7 5; 118 Stat. 1837; 10 U.S.C. 2431 note). (f) PLAN REQUIRED.—Not later than March 1, 2008, the Director of the Missile Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a plan for transitioning the Missile Defense Agency from using e x clusively research, development, test, and evaluation funds to using procurement, military construction, operations and maintenance, and research, development, test, and evaluation funds for the appropriate budget activities, and for transitioning from incremental funding to full funding for fiscal years after fiscal year 2010. (g) OB J ECTIVES FOR ACQUISITION ACTIVITIES.— (1) IN GENERAL.—Commencing as soon as practicable, but not later than the submittal to Congress of the budget for the President for fiscal year 2009 under section 1105(a) of title 31, United States Code, the Missile Defense Agency shall take appropriate actions to achieve the following ob j ectives in its acquisition activities

(A) Improved transparency. (B) Improved accountability. (C) Enhanced oversight. (2) REQUIRED ACTIONS.—In order to achieve the objectives specified in paragraph (1), the Missile Defense Agency shall, at a minimum, take actions as follows: (A) Establish acquisition cost, schedule, and perform- ance baselines for each ballistic missile defense system element that— Deadlin e .

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