Sec. 1679. MODERNIZATION OF ARMY LOWER TIER AIR AND MISSILE DEFENSE SENSOR

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## SEC. 1679 MODERNIZATION OF ARMY LOWER TIER AIR AND MISSILE DEFENSE SENSOR ###

(a)Approval of Acquisition Strategy ####

(1)In general Not later than September 15, 2018, the Secretary of the Army shall issue an acquisition strategy for a 360-degree lower tier air and missile defense sensor that achieves initial operating capability by not later than December 31, 2023. ####

(2)Requirements The acquisition strategy under paragraph

(1)shall— #####

(A)ensure the use of competitive procedures; #####

(B)clearly describe the open-architecture design to be used; #####

(C)provide a comprehensive fielding plan that provides 360-degree lower tier air and missile defense sensor capability to all units of the Army; #####

(D)define the operation and sustainment cost savings of the acquisition strategy and other acquisition options of the Army; #####

(E)identify any programmatic cost avoidance that could be achieved through co-production, co-development, or foreign military sales; #####

(F)ensure the fielding of an interim gap-filler capability to the highest priority forces (consisting of not less than three battalions) for imminent threats; and #####

(G)identify the estimated cost to field both the 360-degree lower tier air and missile defense sensor capability and the interim capability pursuant to subparagraph (E). ####

(3)Limitation If the Secretary of the Army does not issue the acquisition strategy under subsection

(a)by September 15, 2018, none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for the lower tier air and missile defense sensor of the Army that are unobligated as of such date may be obligated or expended. ###

(b)Conditional Transfer ####

(1)MDA If the Secretary of the Army does not issue the acquisition strategy under subsection

(a)by September 15, 2018, the Secretary of Defense shall transfer from the Secretary of the Army to the Director of the Missile Defense Agency— #####

(A)the responsibility to issue the acquisition strategy described in subsection

(a)by not later than August 15, 2019; and #####

(B)the responsibility to implement such acquisition strategy to procure a 360-degree lower tier air and missile defense sensor. ####

(2)Army If the Secretary of Defense carries out the transfer under paragraph (1), after the 360-degree lower tier air and missile defense sensor achieves Milestone B approval (or equivalent), but before such sensor achieves Milestone C approval (or equivalent), the Secretary of Defense shall transfer from the Director of the Missile Defense Agency to the Secretary of the Army the responsibility to procure such sensor. ###

(c)Definitions The terms “Milestone B approval” and “Milestone C approval” have the meanings given those terms in section 2366 of title 10, United States Code.