Page:United States Statutes at Large Volume 103 Part 2.djvu/362

 103 STAT. 1372 PUBLIC LAW 101-189—NOV. 29, 1989 Reports. Reports. (3) not more than $331,600,000 may be obligated for procure- ment of initial spares for B-2 aircraft. 0>) BLOCK 1 FUGHT TESTING.— Funds appropriated for fiscal year 1990 for procurement of aircraft for the Air Force may not be obligated for the procurement of new production B-2 aircraft untO— (1) the planned Block 1 program of flight testing of the B-2 aircraft (consisting of approximately 75 flight test hours and 15 flights) is completed; (2) the Director of Operational Test and Evaluation of the Department of Defense— (A) reviews the Block 1 flight test data; (B) evaluates the performance of the B-2 aircraft during such flight testing with respect to issues considered to be "Critical Operational Issues'; and (Q submits to the Secretary of Defense a report contain- ing (i) the results of such review and such evaluation (including the Director's findings and conclusions concern- ing such test data), and (ii) an assessment known as an "Early Operational Assessment"; and (3) the Seo^tary of Defense certifies to the congressional defense committees that no msyor aerodynamic problem or flightworthiness problem has been identified during the Block 1 flight testing of the B-2 aircraft. (c) BLOCK 2 FLIGHT TESTING.—(1) Funds appropriated for fiscal year 1990 for procurement of aircraft for the Air Force may not be obligated for the procurement of B-2 aircraft until Block 2 flight testing (including testing of low-observables and flying qualities and performance testing in accordance with the Test and Evaluation Master Plan approved for the B-2 program) begins. (2) Of the amounts made available for fiscal year 1990 for the procurement of B-2 aircraft, not more than 15 percent may be expended until— (A) the panel of the Defense Science Board known as the Low- Observables Panel conducts an independent review of the test data resulting from early Block 2 flight testing and submits to the Secretary of Defense a report on the results of that review, together with the Panel's findings and conclusions, and a period of seven day elapses after the Secretary receives such report; and (B) the Secretary of Defense, after receiving such report, certifies to the congressional defense committees that— (i) the results of early Block 2 flight testing of that aircraft (including testing of low-observables and flying qualities and performance) are satisfactory; and (ii) no significant technical or operational problems have been identified during early Block 2 flight testing. (3) Not later than seven days after the date on which the Sec- retary receives the report under paragraph (2)(A), the Director of Operational Test and Evaluation shall submit to the Secretary the Director's evaluation of the results of the Block 2 flight testing to that date. (d) APPLICATION OF LIMITATIONS AND REQxnREMENTS. —The limita- tions in subsections (b) and (c) apply only to the two new production B-2 aircraft for which funds are provided for fiscal year 1990.

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