Page:United States Statutes at Large Volume 120.djvu/2156

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[120 STAT. 2125]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 2125]

PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2125

(3) MATTERS TO BE ADDRESSED.—The independent estimate prepared under this subsection shall address costs of research, development, test, and evaluation, and costs of procurement, for— (A) the system development and demonstration phase of the core Future Combat Systems; (B) the Future Combat Systems technologies to be incorporated into the equipment of the current force of the Army (often referred to as ‘‘spinouts’’); (C) the installation kits for the incorporation of such technologies into such equipment; (D) the systems treated as complementary systems for the Future Combat Systems; (E) science and technology initiatives that support the Future Combat Systems program; and (F) any pass-through charges anticipated to be assessed by the lead systems integrator of the Future Combat Systems and its major subcontractors. (4) SUBMITTAL TO CONGRESS.—Upon completion of the independent estimate required by this subsection, the Secretary shall submit to the congressional defense committees a report on the estimate. (5) DEADLINE FOR SUBMITTAL.—The report described in paragraph (4) shall be submitted not later than April 1, 2007. (b) PASS-THROUGH CHARGE DEFINED.—In this section, the term ‘‘pass-through charge’’ has the meaning given that term in section 805(c)(5) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3373). SEC. 217. FUNDING OF DEFENSE SCIENCE AND TECHNOLOGY PROGRAMS.

(a) FAILURE TO COMPLY WITH FUNDING OBJECTIVE.—Section 212 of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 2501 note) is amended in subsection (a) by striking ‘‘especially the Air Force Science and Technology Program,’’. (b) EXTENSION OF FUNDING OBJECTIVE.—Such section is amended in subsection (b) by striking ‘‘through 2009’’ and inserting ‘‘through 2012’’. (c) ACTIONS FOLLOWING FAILURE TO COMPLY WITH OBJECTIVE.—Such section is further amended by adding at the end the following new subsection: ‘‘(c) ACTIONS FOLLOWING FAILURE TO COMPLY WITH OBJECTIVE.—If the proposed budget for a fiscal year covered by subsection (b) fails to comply with the objective set forth in that subsection, the Secretary of Defense shall submit to the congressional defense committees, at the same time that the Department of Defense budget justification materials for the next fiscal year are submitted to Congress— ‘‘(1) a detailed, prioritized list, including estimates of required funding, of highly-rated science and technology projects received by the Department through competitive solicitations and broad agency announcements which— ‘‘(A) are not funded solely due to lack of resources, but ‘‘(B) represent science and technology opportunities that support the research and development programs and

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