118 STAT. 1829 PUBLIC LAW 108–375—OCT. 28, 2004 SEC. 133. AERIAL REFUELING AIRCRAFT ACQUISITION PROGRAM. (a) TERMINATION OF LEASING AUTHORITY.—Subsection (a) of section 135 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1413; 10 U.S.C. 2401a note) is amended by striking ‘‘may lease no more than 20 tanker aircraft’’ and inserting ‘‘shall lease no tanker aircraft’’. (b) MULTIYEAR PROCUREMENT AUTHORITY.—Subsection (b) of such section is amended— (1) in paragraph (1)— (A) by striking ‘‘Beginning with the fiscal year 2004 program year, the Secretary’’ and inserting ‘‘The Secretary’’; and (B) by striking ‘‘necessary to meet’’ and all that follows through ‘‘is insufficient’’; (2) in paragraph (2), by striking ‘‘80’’ and inserting ‘‘100’’; and (3) by striking paragraph (4). (c) STUDY.—Subsection (c)(1) of such section is amended by striking ‘‘leased under the multiyear aircraft lease pilot program or’’ in subparagraphs (A) and (B). (d) RELATIONSHIP TO PREVIOUS LAW.—Such section is further amended by adding at the end the following new subsection: ‘‘(f) RELATIONSHIP TO PREVIOUS LAW.—The multiyear procure ment authority in subsection (b) may not be executed under section 8159 of the Department of Defense Appropriations Act, 2002 (divi sion A of Public Law 107–117).’’. Subtitle E—Other Matters SEC. 141. DEVELOPMENT OF DEPLOYABLE SYSTEMS TO INCLUDE CONSIDERATION OF FORCE PROTECTION IN ASYM METRIC THREAT ENVIRONMENTS. (a) REQUIREMENT FOR SYSTEMS DEVELOPMENT.—The Secretary of Defense shall require that the Department of Defense regulations, directives, and guidance governing the acquisition of covered sys tems be revised to require that— (1) an assessment of warfighter survivability and of system suitability against asymmetric threats shall be performed as part of the development of system requirements for any such system; and (2) requirements for key performance parameters for force protection and survivability shall be included as part of the documentation of system requirements for any such system. (b) COVERED SYSTEMS.—In this section, the term ‘‘covered system’’ means any of the following systems that is expected to be deployed in an asymmetric threat environment: (1) Any manned system. (2) Any equipment intended to enhance personnel surviv ability. (c) INAPPLICABILITY OF DEVELOPMENT REQUIREMENT TO SYS TEMS ALREADY THROUGH DEVELOPMENT.—The revisions pursuant subsection (a) to Department of Defense regulations, directives, and guidance shall not apply to a system that entered low rate initial production before the date of the enactment of this Act. (d) DEADLINE FOR POLICY REVISIONS.—The revisions required by subsection (a) to Department of Defense regulations, directives, Regulations. 10 USC 2302 note.
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