Pub. L. 109-289, div. A, tit. VIII, sec. 8108

Sec. 8108. (a) Limitation on Retirement Pending Report on Bomber Force Structure.—No funds appropriated for the Department of Defense may be obligated or expended for retiring or dismantling any of the 93 B–52H bomber aircraft in service in the Air Force as of June 1, 2006, until 30 days after the Secretary of the Air Force transmits to the congressional defense committees a report on the bomber force structure of the Air Force meeting the requirements of subsection (b).(b) Elements.—The report under subsection (a) shall set forth the following:(1) The plan of the Air Force for the modernization of the B–52H bomber aircraft fleet.(2) The plans of the Air Force for the modernization of the balance of the bomber force structure.(3) The amount and type of bombers in the bomber force structure that is appropriate to meet the requirements of the national security strategy of the United States.(4) An analyses and justification of the cost and projected savings of any reductions to the B–52H bomber fleet as a 120 STAT. 1298 result of the retirement or dismantlement of the B–52H bomber aircraft covered by the report. (5) The current assessments for the useful life of each of the bomber aircraft in the Air Force inventory under the Aircraft Structural Integrity Program, any flight restrictions against each of the bomber aircraft in the Air Force inventory, and an analysis of any funding required for modifications designed to correct a problem that threatens grounding all or a portion of that aircraft fleet. (6) The date by which any new bomber aircraft must reach initial operational capability and the capabilities of the bomber force structure that would be replaced or superseded by any new bomber aircraft.(7) An assessment of the likelihood that the development of a new bomber aircraft will meet the current schedule of reaching initial operational capability by 2018.(8) An assessment of the risk to national security of retiring a substantial portion of our bomber fleet, including a consideration of the additional risk if the development of a new bomber aircraft does not meet the current schedule of reaching initial operational capability by 2018.(c) Preparation of Report.—A report under this section shall be prepared and submitted by the Institute of Defense Analyses to the Secretary of the Air Force for transmittal by the Secretary in accordance with subsection (a).(d) Form.—The report under subsection (a) shall be in unclassified form, but may include a classified annex.