Leading Army aviation officials say they were unsure whether Pentagon officials can award a contract for the Joint Cargo Aircraft (JCA) until they figure out the guiding law from fiscal 2007 legislation, although they still hope to choose an award winner by the end of February.

But the possible disruption marks the lone setback from fiscal 2007 defense legislation passed two weeks ago, the officials told reporters Oct. 10 at the annual Association of the U.S. Army symposium in Washington. Otherwise, robust reset funding underscores strong congressional support for Army aviation despite budget plans that look like a "python swallowing a pig," they acknowledged.

"We are being supported in Congress right now in a magnificent fashion," said Maj. Gen. Virgil Packett II, Army Aviation branch chief and commander of the Army Aviation Warfighting Center.

Meanwhile, officials said they expect MD Helicopter's award protest over the Light Utility Helicopter to be formally announced before the end of the month - and apparently in favor of EADS North America as the officials still expect the first aircraft next month as planned (DAILY, July 24). They noted that the LUH is commercially derived, and industry anticipated the protest outcome.

While final FY '07 defense appropriations cut into JCA, LUH and Armed Reconnaissance Helicopter requests, the reductions will not endanger their execution, the officials said. The Army can still buy 30 LUHs as planned, as well as 32 of 38 planned production ARHs. But if funding for the six ARHs is not "reclaimed" in FY '08, it could impact training by leaving those units only two ARHs under current plans, they maintained.

Paul Bogosian, the Army's program executive officer for aviation, said the $14.6 billion provided by canceling the Comanche program have allowed seven other major initiatives to move forward, upgrading and sometimes replacing legacy aircraft. The ARH, LUH, UH-60M helo and the Apache Block III - all considered new systems, according to Maj. Gen. James Pillsbury, commanding general of the U.S. Army Aviation and Missile Command - reflect "transformation" that is "on track," the officials said.

Separately, Michael Miller of Bell Helicopters says the ARH program is on track for first deliveries in 2008. The Pentagon is planning to review the program's readiness to enter production in April. The Army awarded Bell the contract for the Kiowa replacement in June 2005, and first flight was achieved in July.

JCA uncertainty

At the same time, if the one initiative most affected, the JCA, is contracted for by around next February, it could stay on its planned delivery, officials further said. But it remains for higher-level Pentagon officials to parse Capitol Hill's moves.

"I have not seen a situation like this in the past," Packett said.

Defense authorization lawmakers gave the Air Force the authority to spend the $109.2 million in requested funds instead of the Army, as the Pentagon asked for last February. A congressional aide explained that House and Senate Armed Service committees are not convinced that the two services are truly together over JCA requirements and program execution.

For their part, the authorization conferees also noted that the Joint Chiefs of Staff's Intratheater Lift Capabilities Study Phase 1 and the Air Mobility Command's Mobility Roadmap are under development. Until they are complete, the right mix and number of intratheater aircraft will not be determined, they said in their conference report. "It would be premature to procure aircraft until the department completes these efforts and presents them to the congressional defense committees," the authorizers said.

Still, the FY '07 defense authorization agreement, passed by both chambers in late September along with final defense appropriations, had yet to be enacted into law as of Oct. 11. Defense appropriations, however, were enacted Sept. 30 and Congress provided the Army $72 million for two JCAs.

"Until it's reconciled, there's a fundamental question about can we, in fact, award a contract given the fact that the appropriation is in one line and the authorization is placed in the second," Bogosian said.

He asserted there was no confusion inside the Pentagon over the JCA effort. And he will continue to move toward selecting an award winner to present to Army and Air Force leaders.