Page:United States Statutes at Large Volume 107 Part 2.djvu/622

 107 STAT. 1572 PUBLIC LAW 103-160—NOV. 30, 1993 to carry out the functions of the Comptroller General, provide such access on a full and prompt basis. (b) INFORMATION COVERED. —Subsection (a) refers to all information (including reports and analyses) generated by or on behalf' of the Department of the Air Force (including by Air Force contractors) that relates to (1) operation, maintenance, repair, and modernization of heavy bombers, or (2) the plcuis of the Air Force for operation, maintenance, repair, and modernization of heavy bombers in the future. Contracts. SEC. 134. C -17 AIRCRAFT PROGRAM PROGRESS PAYMENTS AND REPORTS. (a) WITHHOLDING OF PAYMENTS FOR SOFTWARE NONCOMPLI- ANCE. — In accepting further delivery of CJ-17 aircraft that in accordance with existing C-ll contracts require a waiver for software noncompliance, the Secretary of Defense shall withhold from the unliquidated portion of the progress payments for such aircraft an amount not less than 1 percent of the total cost of such aircraft. The withholding shall continue until the Secretary submits to each of the congressional committees named in subsection (e) a report in which the Secretary certifies each of the following: (1) That (I!-17 software testing and avionics integration ' ^ have been completed. (2) That the costs of waivers for software noncompliance have been identified and are in accordance with the terms of existing C-17 contracts. (b) CORRECTION OF WING DEFECTS.—Within 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to each of the congressional committees named in subsection (e) a report in which the Secretary certifies that, in accordance with the terms of existing C-17 contracts, the contractor has identified and is bearing each of the following: (1) The costs related to wing structural deficiencies (including the costs of redesign, static wing failure repair, and retrofit for existing wing sets). (2) The costs for required redesign, retesting, and manufacture of C-17 slats and flaps to correct identified deficiencies. (c) ANALYSIS OF RANGE/PAYLOAD DEFICIENCY. —Within 180 days cdter the date of the enactment of this Act, the Secretary of Defense shall submit to each of the congressional committees named in subsection (e) a report containing the following: (1) An analysis of the operational impacts caused by deficiencies in the range/payload specification, as defined by the C-17 Lot III production contract, including projected operational and maintenance costs, such as the costs of required airborne refueling due to range shortfalls. (2) A schedule for securing from the contractor, in accordance with the terms of existing C-17 contracts, an equitable recovery for the operational impacts caused by deficiencies in the range/payload specification identified in the analysis required by this section. (d) REPORT CONTENTS. —Each report required by this section shall include an itemization of the estimated effect on total production costs caused by software noncompliance, wing defects, or range/ payload deficiency, as applicable.

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