Page:United States Statutes at Large Volume 117.djvu/1431

 117 STAT. 1412

PUBLIC LAW 108–136—NOV. 24, 2003

(B) provides to the Secretary of Defense and the congressional defense committees an operational assessment. (b) OPERATIONAL EVALUATION.—An operational evaluation for purposes of paragraph (2)(A) of subsection (a) is an evaluation, conducted during operational testing and evaluation of the aircraft, as so modified, of the performance of the aircraft with respect to reliability, maintainability, and availability and with respect to critical operational issues. (c) OPERATIONAL ASSESSMENT.—An operational assessment for purposes of paragraph (2)(B) of subsection (a) is an operational assessment of the program to modify C–5A aircraft to the configuration referred to in subsection (a)(1) regarding both overall suitability and deficiencies of the program to improve performance of the C–5A aircraft relative to requirements and specifications for reliability, maintainability, and availability of that aircraft as in effect on May 1, 2003. SEC. 133. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT OF F/A–22 AIRCRAFT.

Notification.

(a) LIMITATION.—Of the amount appropriated for fiscal year 2004 for procurement of F/A–22 aircraft, $136,000,000 may not be obligated until the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees the Under Secretary’s certification that— (1) the five aircraft designated to participate in the initial operational test and evaluation program for the F/A–22 aircraft, plus the avionics software test aircraft, have each been equipped with the avionics software operational flight program that is configured for initial operational test and evaluation; and (2) before the commencement of that initial operational test and evaluation program, the six aircraft specified in paragraph (1) demonstrate, on average, a mean time between covered avionics anomalies of at least five hours. (c) COVERED AVIONICS ANOMALIES.—For purposes of subsection (a), the term ‘‘covered avionics anomalies’’ means any of the following: (1) A software event referred to as a Type 1 failure. (2) A software event referred to as a Type 2 failure. (3) A hardware event referred to as a Type 5 failure. (c) CONTINGENCY WAIVER AUTHORITY.—If the Under Secretary notifies the Secretary of Defense that the Under Secretary is unable to make the certification described in subsection (a), the Secretary may waive the limitation under that subsection. Upon making such a waiver— (1) the Secretary of Defense shall notify the congressional defense committees of the waiver and of the reasons therefor; and (2) the funds described in subsection (a) may then be obligated, by reason of such waiver, after the end of the 30day period beginning on the date on which the Secretary’s notification is received by those committees. SEC. 134. AIRCRAFT FOR PERFORMANCE OF AERIAL REFUELING MISSION.

(a) RESTRICTION ON RETIREMENT OF KC–135E AIRCRAFT.—The Secretary of the Air Force shall ensure that the number of KC–

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