12 2 STA T .4395PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8authoriz atio n o f a p propriation s or oth e r w ise m a d ea v ai l a b le for the D epartment of Defense ma y be obli g ated or e x pended for the pro c urement of a second or subse q uent aircraft for the A irborne L aser S ystem program until the later of the following dates
- (1)T
he date on which the Secretary of Defense , after receiving the assessment under subsection (a)( 2 ), submits to C ongress a certification that the Airborne Laser System has demonstrated, through successful testing and operational and cost analysis, a high probability of being operationally effective, suitable, survivable, and affordable . (2) The date that is 60 days after the date on which Congress receives the independent assessment of boost - phase missile defense required by section 2 3 2. SEC.236 . A C TIV ATI ON AN D DE PL O YM ENT O F AN / TPY – 2FO RW ARD -B ASED X -BAND RADAR. (a) A VAIL A B ILI TYOFFUNDS . — Sub j ect to subsection (b), of the amount authorized to be appropriated by section 201( 4 ) for research, development, test, and evaluation, Defense-wide activities, up to $89 ,000,000 may be available for B allistic M issile Defense Sensors for the activation and deployment of the A N/ T PY– 2 forward-based X -band radar to a classified location. (b) LI M ITATION.— (1) I N GE NE R AL.—Funds may not be available under sub- section (a) for the purpose specified in that subsection until the Secretary of Defense submits to the Committees on Armed Services of the Senate and the H ouse of R epresentatives a report on the deployment of the AN/TPY–2 forward-based X- band radar as described in that subsection, including: (A) The location of deployment of the radar. (B) A description of the operational parameters of the deployment of the radar, including planning for force protection. (C) A description of any recurring and non-recurring expenses associated with the deployment of the radar. (D) A description of the cost-sharing arrangements between the U nited States and the country in which the radar will be deployed regarding the expenses described in subparagraph (C). ( E ) A description of the other terms and conditions of the agreement between the United States and such country regarding the deployment of the radar. (2) FORM.—The report under paragraph (1) shall be sub- mitted in unclassified form, but may include a classified annex. Subti t leD—R e por t s SEC. 2 41 . BIENNIAL REPORTS ON J OINT AND SERVICE CONCEPT DEVELOPMENT AND EXPERIMENTATION. (a) IN G ENERAL.—Section 48 5 of title 10, United States Code, is amended to read as follows: ‘ ‘ §485.Jointa n dserv i c e conce p t deve l op m ent and e x perimentation ‘ ‘(a) BIENNIAL RE P ORTS RE Q UIRED.—Not later than J anuary 1 of each even numbered-year, the Secretary of Defense or the Secretary ’ s designee shall submit to the congressional defense Reports.D e adlin e. C erti f i c ation.
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