Page:United States Statutes at Large Volume 103 Part 2.djvu/379

 PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1389 (c) SUBMISSION OF CERTIFICATION.— A certification under subsec- tion (a) shall be submitted in writing to the congressional defense committees. SEC. 162. AC-130U GUNSHIP PROGRAM No funds may be obligated after the date of the enactment of this Act for procurement of AC-130U Gunship aircraft until the Sec- retary of the Air Force certifies in writing to the congressional defense committees that the cost of any modification, correction of deficiencies, or retrofit that is required to address and to meet established contract specifications and performance requirements for AC-130U Gunship aircraft procured using funds appropriated for the Department of Defense for fiscal year 1988 or fiscal year 1989 will be borne by the prime contractor or an appropriate subcontractor. SEC. 163. AMRAAM MISSILE PROGRAM (a) LIMITATION ON FUNDING.— No funds may be obligated to under- take full-rate production of the Advanced Medium-Range Air-to-Air (AMRAAM) missile until the Director of Operational Test and Evaluation (pursuant to section 138 of title 10, United States Ckxle) certifies to the congressional defense committees that— (1) all required testing for making the decision to proceed to full-rate production (as prescribed pursuant to the June 16, 1987 Department of Defense-approved AMRAAM Test and Evalua- tion Master Plan) has been conducted; and (2) the results of that testing demonstrate that (A) the AMRAAM missile has met all established performance require- ments, and (B) stable missile production design and configura- tion (including its software) have been established. (b) FULL-RATE PRODUCTION DEFINED.— For purposes of subsection (a), full-rate production of the AMRAAM missile is production of that missile at a rate that exceeds 900 production-configured mis- siles per year. (c) PRESERVATION OF PRODUCTION CAPABILITY OF OTHER MISSILES.— During the period beginning on the date of the enactment of this Act and ending on the date on which the certification required by subsection (a) is made, the Secretary of Defense shall ensure that production capability for the AIM-7F/M Sparrow and the AIM- 9L/M Sidewinder missiles is maintained. SEC. 164. OVER-THE-HORIZON BACKSCAITER RADAR (a) REQUIREMENTS.—None of the funds appropriated or otherwise made available to the Air Force for fiscal year 1990 may be obligated for acquisition of land for the Central System of the Over-the- Horizon Backscatter (OTH-B) radar program. (b) ALASKAN SYSTEM. —(1) With respect to acquisition of that portion of the OTH-B radar program known as the Alaskan System, the Secretary of the Air Force— (A) shall enter into a type of contract known as a "fixed-price incentive (firm target) contract" or a "fixed-price incentive (successive target) contract" (or a similar type of contract that encourages maximum cost reduction) for the first sector of the S3^tem with funds appropriated for fiscal years 1989 and 1990; and ^w. (B) shall include in that contract a priced option for the second sector of such system.

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