12 2 STA T .4378PUBLIC LA W 11 0– 417 —O CT. 14 , 2008 airc ra ft t h at w a s t e r m i n ate do n S e p tem b er 10,2 00 8.T he report sha l l incl u de the followin g:( 1 )A ne x amination of original re q uirements for the KC– ( X ) tan k er aircraft, including an explanation for the use of the KC–1 35R tanker aircraft as the baseline for the KC–(X) tanker aircraft. (2) A summar y of commercial deri v ative or commercial off - the-shelf aircraft available as potential aerial refueling plat- forms using aerial refueling capabilities (such as range, offload at range, and passenger and cargo capacity) in each of the following ranges: (A) M aximum gross take-off weight that is less than 300,000 pounds. ( B ) Maximum gross take-off weight in the range from 301,000 pounds maximum gross take-off weight to 550,000 pound maximum gross take-off weight. (C) Maximum gross take-off weight in the range from 551,000 pounds maximum gross take-off weight to 1,000,000 pound maximum gross take-off weight. ( D ) Maximum gross take-off weight that is greater than 1,000,000 pounds. (b) R EAS SESS M E NT RE QUIR E D . — The Secretary of Defense shall reassess the requirements for aerial refueling that were validated by the J oint Requirements O versight Council on December 2 7 , 200 6 . N ot later than 30 days after the reassessment, the Secretary shall submit to the congressional defense committees a report con- taining the complete results of the reassessment. SEC.134 . F-2 2 A F IGHT E R AIRCRAFT. (a) A V AI L A B ILIT YOFF UNDS.—Sub j ect to subsection (b), of the amount authori z ed to be appropriated for procurement of aircraft for the Air Force, $ 523,000,000 shall be available for advance procurement of F-22A fighter aircraft. (b) RESTRI C TION ON OBLI G ATION OF FUNDS P ENDING CERTIFI- CATION.—Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 200 9 for advance procurement, Air Force, for the F-22A, not more than $1 4 0,000,000 may be obligated until 15 days after the certification required by subsection (c) is received by the congres- sional defense committees. (c) CERTIFICATION.— (1) I N GENERAL.—Of the amount referred to in subsection (a), $383,000,000 shall not be available until the President certifies to the congressional defense committees that— (A) the procurement of F-22A fighter aircraft is in the national interest of the U nited States
or (B) the termination of the production line for F-22A fighter aircraft is in the national interest of the United States. (2) DATE OF SUBMITTAL.—Any certification submitted under this subsection may not be submitted before January 21, 2009, and must be submitted not later than March 1, 2009. Deadlin e .
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