Page:United States Statutes at Large Volume 112 Part 3.djvu/111

 PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 1941 information on the program, including information on program performance, as the Comptroller (General considers necessary to carry out this section. Subtitle D—Air Force Programs SEC. 131. F-22 AIRCRAFT PROGRAM. (a) LIMITATION ON ADVANCE PROCUREMENT.— (1) Amounts available for the Department of Defense for any fiscal year for the F-22 aircraft program may not be obligated for advance procurement for the six Lot II F-22 aircraft before the applicable date under paragraph (2) or (3). (2) The applicable date for the purposes of paragraph (1) is the date on which the Secretary of Defense submits a certification under subsection (b)(1) unless the Secretary submits a report under subsection (b)(2). (3) If the Secretary submits a report under subsection (b)(2), the applicable date for the purposes of paragraph (1) is the later of— (A) the date on which the Secretary of Defense submits the report; or (B) the date on which the Director of Operational Test and Evaluation submits the certification required under subsection (c). (b) CERTIFICATION BY SECRETARY OF DEFENSE.— (1) Upon the completion of 433 hours of flight testing of F-22 flight test vehicles, the Secretary of Defense shall submit to the congressional defense committees a certification of the completion of that amount of flight testing. A certification is not required under this paragraph if the Secretary submits a report under paragraph (2). (2) If the Secretary determines that a number of hours of flight testing of F-22 flight test vehicles less than 433 hours provides the Defense Acquisition Board with a sufficient basis for deciding to proceed into production of Lot II F-22 aircraft, the Secretary may submit a report to the congressional defense committees upon the completion of that lesser number of hours of flight testing. A report under this paragraph shall contain the following: (A) A certification of the number of hours of flight testing completed. (B) The reasons for the Secretary determination that the lesser number of hours is a sufficient basis for a decision by the board. (C) A discussion of the extent to which the Secretary's determination is consistent with each decision made by the Defense Acquisition Board since January 1997 in the case of a major aircraft acquisition program that the amount of flight testing completed for the program was sufficient or not sufficient to justify a decision to proceed into low-rate initial production. (D) A determination by the Secretary that it is more financially advantageous for the Department to proceed into production of Lot II F-22 aircraft than to delay production until completion of 433 hours of flight testing, together with the reasons for that determination. (c) CERTIFICATION BY THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION.— Upon the completion of 183 hours of the flight

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