123STA T . 221 5PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9constru ct i ono f, or adv anc e d p rocure m ent of materia l s for, a surface com b atant to be constructed after fiscal y ear 201 1 until t h e S ec - retary has submitted to C on g ress each of the follo w ing
- (
1 )A nac q uisition strategy for such surface combatants that has been approved by the U nder Secretary of D efense for Acquisition, T echnology, and L ogistics . (2) Certification that the J oint R equirements O versight Council — (A) has been briefed on the acquisition strategy to procure such surface combatants
and ( B ) has concurred that such strategy is the best pre- ferred approach to deliver required capabilities to address future threats, as reflected in the latest assessment by the defense intelligence community. ( 3 ) A verification by, and conclusions of, an independent review panel that, in evaluating the program or programs con- cerned, the Secretary of the N avy considered each of the fol- lowing: (A) M odeling and simulation, including war gaming conclusions regarding combat effectiveness for the selected ship platforms as compared to other reasonable alternative approaches. (B) Assessments of platform operational availability. (C) Life cycle costs, including vessel manning levels, to accomplish missions. (D) The differences in cost and schedule arising from the need to accommodate new sensors and weapons in surface combatants to be constructed after fiscal year 2011 to counter the future threats referred to in paragraph (2), when compared with the cost and schedule arising from the need to accommodate sensors and weapons on surface combatants as contemplated by the 200 9 ship- building plan for the vessels concerned. ( 4 ) The conclusions of a j oint review by the Secretary of the Navy and the Director of the Missile Defense Agency setting forth additional requirements for investment in Aegis ballistic missile defense beyond the number of DD G–5 1 and CG–4 7 vessels planned to be equipped for this mission area in the budget of the P resident for fiscal year 2010 (as submitted to Congress pursuant to section 1105 of title 31, United States Code). (b) FUT U RE SUR FAC EC OMB ATA N TAC Q U IS ITION STRATE GY .—Not later than the date upon which the President submits to Congress the budget for fiscal year 2012 (as so submitted), the Secretary of the Navy shall submit to the congressional defense committees an update to the open architecture report to Congress that reflects the Navy ’ s combat systems acquisition plans for the surface combat- ants to be procured in fiscal year 2012 and fiscal years thereafter. (c) NA V A L SURFACE FIRE SU P PORT.—Not later than 120 days after the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees an update to the March 200 6 Report to Congress on Naval Surface Fire Support. The update shall identify how the Department of Defense intends to address any shortfalls between required naval surface fire sup- port capability and the plan of the Navy to provide that capability. The update shall include addenda by the Chief of Naval Operations Reports. Reports.
