To impose limitations and requirements for the acquisition of aerial refueling for the Air Force.

1. Adds SEC. 868. ACQUISITION OF AERIAL REFUELING AIRCRAFT FOR THE AIR FORCE on page 195, between lines 10 and 11

   Adds a sectionPrinted page

   Inserted: SEC. 868. ACQUISITION OF AERIAL REFUELING AIRCRAFT FOR THE AIR FORCE.

   Inserted: (a) Compliance With Applicable Requirements.--The Secretary of Defense shall ensure that the Secretary of the Air Force does not proceed with the acquisition of aerial refueling aircraft for the Air Force by lease or other contract, either with full and open competition or under section 135 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1413) until the date that is 60 days after the date on which the Secretary Defense has--

   Inserted: (1) reviewed all documentation for the acquisition, including--

   Inserted: (A) the completed aerial refueling analysis of alternatives (AOA) required by section 134(b) of the National Defense Authorization Act for Fiscal Year 2004, pursuant to "Analysis of Alternatives (AoA) Guidance of KC-135 Recapitalization", dated February 24, 2004;

   Inserted: (B) the completed aerial refueling portion of the Mobility Capabilities Study;

   Inserted: (C) a new validated capabilities document in accordance with the applicable Chairman of Joint Chiefs of Staff Instruction; and

   Inserted: (D) the approval of a Defense Acquisition Board in accordance with Department of Defense regulations; and

   Inserted: (2) submitted to the congressional defense committees a determination in writing that the acquisition is in compliance with all currently applicable laws, Office of Management and Budget circulars, and regulations.

   Inserted: (b) Independent Review.--Not later than 45 days after the Secretary of Defense makes the determination described in paragraph (2) of subsection (a), the Comptroller General and the Inspector General of the Department of Defense shall each review the documentation referred to in paragraph (1) of such subsection and submit to the congressional defense committees a report on the extent to which the acquisition is--

   Inserted: (1) in compliance with the requirements of this section and all currently applicable laws, Office of Management and Budget circulars, and regulations; and

   Inserted: (2) consistent with the analysis of alternatives referred to in subparagraph (A) of subsection (a)(1) and the other documentation referred to in such subsection.

   Inserted: (c) Limitation on Acquisition Beyond Low-Rate Initial Production.--(1) The acquisition by lease or other contract of any aerial refueling aircraft for the Air Force beyond low-rate initial production shall be subject to, and for such acquisition the Secretary of the Air Force shall comply with, the requirements of sections 2366 and 2399 of title 10, United States Code.

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   Inserted: (2) For the purposes of this subsection, the term "low-rate initial production", with respect to a lease, shall have the same meaning as applies in the administration of sections 2366 and 2399 of title 10, United States Code, with regard to any other form of acquisition.

   Inserted: (d) Source Selection for Integrated Support of Aerial Refueling Aircraft Fleet.--For the selection of a provider of integrated support for the aerial refueling aircraft fleet in any acquisition by lease or other contract of aerial refueling aircraft for the Air Force, the Secretary of the Air Force shall--

   Inserted: (1) before selecting the provider, perform all analyses required by law of--

   Inserted: (A) the costs and benefits of--

   Inserted: (i) the alternative of using Federal Government personnel to provide such support; and

   Inserted: (ii) the alternative of using contractor personnel to provide such support;

   Inserted: (B) the core logistics requirements;

   Inserted: (C) use of performance-based logistics; and

   Inserted: (D) the length of contract period; and

   Inserted: (2) select the provider on the basis of fairly conducted full and open competition (as defined in section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(6))).

   Inserted: (e) Price Information.--Before the Secretary of the Air Force commits to acquiring by lease or other contract any aerial refueling aircraft for the Air Force, the Secretary shall require the manufacturer to provide, with respect to commercial items covered by the lease or contract, appropriate information on the prices at which the same or similar items have previously been sold that is adequate for evaluating the reasonableness of the price for the items.

   Inserted: (f) Audit Services.--The Secretary of the Air Force shall contact the Office of the Inspector General for the Department of Defense for review and approval of any Air Force use of non-Federal audit services for any lease or other contract for the acquisition of aerial refueling aircraft.

   Original wording

   On page 195, between lines 10 and 11, insert the following:

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As printed