Sec. 1658. Limitation on availability of funds for Patriot lower tier air and missile defense capability of the Army
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/bill/114/hr/4909/eh/section-1658·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Patriot lower tier air and missile defense capability of the Army, not more than 50 percent may be obligated or expended until each of the following occurs: The Director of the Missile Defense Agency certifies to the congressional defense committees that such capability, upon the completion of the modernization process addressed by the analysis of alternatives regarding such capability, will be fully interoperable with the ballistic missile defense system and other air and missile defense capabilities deployed and planned to be deployed by the United States.
The Chairman of the Joint Chiefs of Staff certifies to the congressional defense committees that such capability, upon the completion of the modernization process addressed by the analysis of alternatives regarding such capability, will meet— the desired attributes for modularity sought by the geographic combatant commands; and the validated and objective warfighter requirements for air and missile defense capability. The Chief of Staff of the Army, in coordination with the Secretary of the Army, submits to the congressional defense committees— a determination as to whether the requirements of the lower tier air and missile defense program are appropriate for acquisition through the Army Rapid Capabilities Office, and if the determination is that such requirements are not so appropriate, an evaluation of why; the terms of the competition planned for the lower tier air and missile defense program to ensure fair competition for all competitors; and either— certification that— the requirements of the lower tier air and missile defense program can only be met through a multi-year development and acquisition program, rather than through more expedient modification of existing or demonstrated capabilities of the Department of Defense; and the lower tier air and missile defense acquisition program as designed as of the date of the certification will provide the most rapid deployment of a modernized capability to the warfighter at reasonable risk levels (as compared to systems with similar amounts of complexity and technological readiness); or a revised acquisition strategy for the lower tier air and missile defense acquisition program, including a schedule to carry out such strategy.
If the Chief of Staff of the Army submits the revised acquisition strategy under paragraph (3)(C)(ii), a period of 30 days has elapsed following the date of such submission.