Sec. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B-52 COMMERCIAL ENGINE REPLACEMENT PROGRAM

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## SEC. 135 LIMITATION ON AVAILABILITY OF FUNDS FOR THE B-52 COMMERCIAL ENGINE REPLACEMENT PROGRAM ###

(a)Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B-52 Commercial Engine Replacement Program, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in section 2432 of title 10, United States Code, for the most recently concluded fiscal quarter for the B-52 Commercial Engine Replacement Program in accordance with subsection (b)(1). ###

(b)Additional Requirements ####

(1)Treatment of baseline estimate The Secretary of Defense shall deem the Baseline Estimate for the B-52 Commercial Engine Replacement Program for fiscal year 2020 as the original Baseline Estimate for the Program. ####

(2)Unit cost reports and critical cost growth #####

(A)Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B-52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2020 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph

(B)or subparagraph

(C)of section 2433a(c)(1) of such title with respect to the Program. #####

(B)In carrying out the review required by section 2433a of such title, the Secretary shall not enter into a transaction under section 2371 or 2371b of such title, exercise an option under such a transaction, or otherwise extend such a transaction with respect to the B-52 Commercial Engine Replacement Program except to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources. ###

(c)Definitions In this section: ####

(1)The term “Baseline Estimate” has the meaning given the term in section 2433(a)(2) of title 10, United States Code. ####

(2)The term “milestone decision authority” has the meaning given the term in section 2366b(g)(3) of title 10, United States Code. ####

(3)The term “original Baseline Estimate” has the meaning given the term in section 2435(d)(1) of title 10, United States Code. ####

(4)The term “Selected Acquisition Report” means a Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States Code.