Page:United States Statutes at Large Volume 113 Part 2.djvu/251

 PUBLIC LAW 106-79—OCT. 25, 1999 113 STAT. 1271 (d) Funds appropriated in this Act or any other prior Act for "Resesirch, Development, Test and Evaluation, Air Force" and "Aircraft Procurement, Air Force" may not be used for acquisition of more than a total of 17 flight-capable test vehicles for the F- 22 aircrgift program. (e) The Secretary of the Air Force may not award a full fiuiding contract for low-rate initial production for the F-22 aircraft program until— (1) the first flight of an F-22 aircraft incorporating Block 3.0 software has been conducted; (2) the Secretary of Defense certifies to the congressional defense committees that all Defense Acquisition Board exit criteria for the award of low-rate initial production of the aircrsift have been met; and (3) upon completion of the requirements under (e)(1) and (e)(2) the Director of Operational Test and Evaluation suWits to the congressional defense committees a report assessing the adequacy of testing to date to measure and predict perform- £ince of F-22 avionics systems, stealth characteristics, and weapons delivery systems. (f) The funds transferred under the authority provided within this section shall be merged with and shall be available for the same purposes, and for the same time period, as the appropriation to which transferred. (INCLUDING TRANSFER OF FUNDS) SEC. 8147. (a) In addition to the eunounts appropriated elsewhere in this Act, $300,000,000 is hereby appropriated for F- 22 program termination liability or for other F-22 program contractual requirements in lieu of termination liability obhgations: Provided, That these funds shall only be available for transfer to the appropriate F-22 program R-1 and P-1 line items of titles IV and III of this Act for the purposes specified in this section: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority contained elsewhere in this Act: Provided further, That these funds shall not be avEulable for expenditure until October 1, 2000. (b) The funds transferred tuider the authority provided within this section shall be merged with and shall be available for the same purposes, and for the same time period, as the appropriation to which transferred. SEC. 8148. In addition to the amounts provided elsewhere in this Act, the amount of $5,500,000 is hereby appropriated for "OPER- ATION AND MAINTENANCE, DEFENSE-WIDE", to be available, notwithstanding any other provision of law, only for a grant to the High Desert P£u1;nership in Academic Excellence Foundation, Inc., for the purpose of developing, implementing, and evaluating a steuidards and performemce based academic model at schools administered by the Department of Defense Education Activity. SEC. 8149. None of the funds appropriated in this Act may be used for the payment of a fine or penalty that is imposed against the Department of Defense or a military department arising from an environmental violation at a military installation or facility unless the payment of the fine or penalty has been specifically authorized by law. For purposes of this section, expenditure of funds to carry out a supplemental environmental project that is

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