Sec. 1674. Limitations on availability of funds for Patriot lower tier air and missile defense capability of the Army
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Except as provided by subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for any program described in subsection
(b)may be obligated or expended unless— the Secretary of the Army certifies to the congressional defense committees that the analysis of alternatives regarding the Patriot lower tier air and missile defense capability of the Army has been submitted to such committees; a period of 30 days has elapsed following the date on which the Secretary makes the certification under paragraph (1); and the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to such committees that such obligation or expenditure of funds on such programs is consistent with the findings of the analysis of alternatives described in paragraph
(1)to modernize the Patriot lower tier air and missile defense capability of the Army. A program described in this subsection are the following components and capabilities of the Patriot air and missile defense system: Radar capability development, radar improvements, the digital sidelobe canceller, or the radar digital processor of the lower tier air and missile defense program of the Army. The enhanced launcher electronic system. The Under Secretary of Defense for Acquisition, Technology, and Logistics may waive the limitations in subsection
(a)if the Under Secretary— determines that such waiver— is caused by the delay of the analysis of alternatives described in paragraph
(1)of such subsection; and is necessary to avoid an unacceptable risk to mission performance; notifies the congressional defense committees of such waiver; and pursuant to such waiver, obligates or expends funds only in amounts necessary to avoid such unacceptable risk to mission performance.