Sec. 131. Streamlining acquisition of intercontinental ballistic missile security capability
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/bill/115/hr/2810/eh/section-131·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds the following: On September 25, 2014, then Secretary of the Air Force, Deborah Lee James, submitted a report to Congress on the replacement strategy of the Air Force for the UH–1N helicopter, which included the following information: On the age of the airframe: The UH–1N is a versatile utility helicopter that was accepted into service from 1968-1969. . On the ability to meet requirements: The entire fleet supports five general homeland security missions…The ability of the UH–1N to accomplish these missions was evaluated in 2006, and the aircraft was found to be ‘not effective.’ The shortcomings of the UH–1N were derived from specific mission requirements for carrying capacity, airspeed, unrefueled endurance, mission range, force protection for the floor, specific protection for all aircrew and passengers, survivability, and materiel availability. .
Regarding previous efforts to acquire a replacement aircraft, the report identified efforts that date back to 2006, including— an initial analysis of alternatives by Air Force Space Command in 2006; the common vertical lift support platform program, which was cancelled in 2013; two RAND corporation studies funded in 2013; and the then-current proposal of the Air Force to procure modified Army UH–60 helicopters. On February 24, 2016, at a hearing before the Committee on Armed Services of the House of Representatives, in response to concerns related to lift, capacity, and hover time of the UH–1N, then Commander of the United States Strategic Command, Admiral Cecil Haney stated:
Congressman, absolutely, in terms of thinking very crisply associated with what we need to do to improve security of our missile fields… the attributes you listed are the attributes that concern me in terms of the capability, not just now, but into the future. . On March 2, 2016, at a hearing before the Committee on Armed Services of the House of Representatives, the Commander of Air Force Global Strike Command, General Robin Rand stated: We will not meet the emergency security response with the present helicopter. .
On April 4, 2017, at a hearing before the Committee on Armed Services of the Senate, the Commander of the United States Strategic Command, General John E. Hyten stated: Of all the things in my portfolio, I can’t even describe how upset I get about the helicopter replacement program. It’s a helicopter, for gosh sakes. We ought to be able to go out and buy a helicopter and put it in the hands of the people that need it. And we should be able to do that quickly. We’ve been building combat helicopters for a long time in this country.
I don’t understand why the heck it is so hard to buy a helicopter. . It is the sense of Congress that, based on the findings under subsection (a), the Secretary of Defense should have the authority to expedite the procurement of a replacement aircraft for the UH–1N helicopter. Subject to subsection (d), in procuring a replacement aircraft for the UH–1N helicopter, the Secretary of Defense may— waive any provision of law requiring the use of competitive procedures for the procurement; and enter into a contract for the procurement on a sole-source basis.
Not later than 15 days before exercising the authority under subsection (c), the Secretary shall submit to the congressional defense committees, in writing— notice of the intent of the Secretary to exercise such authority; and a certification that— the Secretary has reviewed— the threshold requirements for the UH–1N replacement aircraft program; and any delays that may have occurred while the Air Force pursued strategies for the procurement of such aircraft on an other than sole-source basis; and after conducting such review, the Secretary has determined that entering into a contract on a sole-source basis under subsection (c)— is in the national security interests of the United States; and is necessary to ensure that a UH–1N replacement aircraft enters service by not later than September 30, 2020.