Pub. L. 112-239, div. A, tit. II, subtit. C, sec. 224
EVALUATION OF ALTERNATIVES FOR THE PRECISION TRACKING SPACE SYSTEM.
SEC. 224. EVALUATION OF ALTERNATIVES FOR THE PRECISION TRACKING SPACE SYSTEM.(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Missile Defense Agency for the precision tracking space system, not more than 75 percent may be obligated or expended until the date on which—(1) the Director of Cost Assessment and Program Evaluation completes the evaluation under subsection (b)(1); and(2) the terms of reference for the evaluation under subsection (b)(1)(B) are—(A) approved by the Missile Defense Executive Board, in coordination with the Defense Space Council; and(B) submitted to the congressional defense committees.(b) Independent Cost Estimate and Evaluation of Alternatives Required.—(1) In general.—The Director of Cost Assessment and Program Evaluation shall perform—(A) an independent cost estimate for the precision tracking space system; and(B) a comprehensive assessment evaluation of alternatives for such system.(2) Basis of evaluation.—The evaluation under paragraph (1)(B) shall be based on a clear articulation by the Director of the Missile Defense Agency of—(A) the space-based and ground-based sensors that will be required to be maintained to aid the precision tracking space system constellation;(B) the number of satellites to be procured for a first constellation, including the projected lifetime of such satellites in the first constellation, and the number projected to be procured for a first and, if applicable, second replenishment;(C) the technological and acquisition risks of such system, including systems engineering and ground system development;(D) an evaluation of the technological capability differences between the precision tracking space system tracking sensor and the space tracking and surveillance system tracking sensor;(E) the cost differences, as confirmed by the Director of Cost Assessment and Program Evaluation, between such systems, including costs relating to launch services; and126 STAT. 1676(F) any other matters the Director believes useful that do not unduly delay completion of the evaluation.(3) Evaluation.—In conducting the evaluation under paragraph (1)(B), the Director of Cost Assessment and Program Evaluation shall—(A) evaluate whether the precision tracking space system, as planned by the Director of the Missile Defense Agency in the budget submitted to Congress under section 1105 of title 31, United States Code, for fiscal year 2013, is the most cost effective and best value sensor option with respect to land-, air-, or space-based sensors, or a combination thereof, to improve the regional missile defense and homeland missile defense of the United States, including by adding precision tracking and discrimination capability to the ground-based midcourse defense system;(B) examine the overhead persistent infrared satellite data or other data that are available as of the date of the evaluation that are not being used for ballistic missile tracking;(C) determine whether and how using the data described in subparagraph (B) could improve sensor coverage for the homeland missile defense of the United States and regional missile defense capabilities;(D) study the plans of the Director of the Missile Defense Agency to integrate the precision tracking space system concept into the ballistic missile defense system and evaluate the concept of operations and missile defense engagement scenarios of such use;(E) consider the agreement entered into under subsection (d)(1); and(F) consider any other matters the Director believes useful that do not unduly delay completion of the evaluation.(4) Cost determination.—-In conducting the independent cost estimate under paragraph (1)(A), the Director of Cost Assessment and Program Evaluation shall take into account acquisition costs and operation and sustainment costs during the initial 10-year and 20-year periods.(5) Cooperation.—The Director of the Missile Defense Agency shall provide to the Director of Cost Assessment and Program Evaluation the information necessary to conduct the independent cost estimate and the evaluation of alternatives of such program under paragraph (1).(c) Submission Required.—Not later than April 30, 2013, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees the independent cost estimate and evaluation under subparagraphs (A) and (B) of subsection (b)(1).(d) Memorandum of Agreement.—(1) In general.—The Director of the Missile Defense Agency shall enter into a memorandum of agreement with the Commander of the Air Force Space Command with respect to the space situational awareness capabilities, requirements, design, and cost sharing of the precision tracking space system.(2) Submission.—The Director shall submit to the congressional defense committees the agreement entered into under paragraph (1).126 STAT. 1677(e) Review by the Comptroller General.—(1) Terms of reference.—The Comptroller General of the United States shall provide to the congressional defense committees—(A) by not later than 30 days after the date on which the terms of reference for the evaluation under subsection (b)(1)(B) are provided to such committees pursuant to subsection (a)(2), a briefing on the views of the Comptroller General with respect to such terms of reference and their conformance with the best practices for analyses of alternatives established by the Comptroller General; and(B) a final report on such terms as soon as practicable following the date of the briefing under subparagraph (A).(2) Comprehensive ptss assessment.—The Comptroller General shall further provide to the congressional defense committees—(A) by not later than 60 days after the date on which the evaluation is submitted to such committees under subsection (c), a briefing on the views of the Comptroller General with respect to such evaluation; and(B) a final report on such evaluation as soon as practicable following the date of the briefing under subparagraph (A).