LIMITATIONS ON B–1B ELECTRONIC COUNTERMEASURES RECOVERY PROGRAM

SEC. 121. LIMITATIONS ON B–1B ELECTRONIC COUNTERMEASURES RECOVERY PROGRAM (a) General Limitation.—The Secretary of the Air Force may proceed with the recovery program for the B–1B aircraft electronic countermeasures (ECM) system only in accordance with this section. (b) Requirement for Testing Program.—(1) During fiscal years 1990 and 1991, the Secretary of Defense shall conduct a comprehensive program for the systematic testing of the B–1B avionics modifications. (2) For purposes of this section, the term “B–1B avionics modifications” means the modifications proposed by the Air Force to the defensive avionics system of the B–1B aircraft consisting of (A) the “core configuration” modification to the ALQ–161 system, plus (B) the installation and integration of a radar warning receiver. (3) Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a detailed plan for the conduct of the systematic testing 103 STAT. 1379program required by paragraph (1). The plan shall include the following: (A) The planned test schedule for each of the various components of the defensive avionics system of the B–1B aircraft, to be tested both singly and in combination with other components of the defensive and offensive avionics systems for the aircraft. (B) The objectives of each of the planned tests and the criteria that will be used to determine whether each such test is successful, partially successful, or unsuccessful. (C) An explanation of how those scheduled tests can be used to estimate the capability of the B–1B aircraft to penetrate air defenses of the Soviet Union, including both single and multiple air defense threats. (c) Modifications to B–1B Aircraft.—(1) The Secretary of the Air Force may modify not more than six B–1B aircraft to incorporate the B–1B avionics modifications. (2) The aircraft that are so modified shall be used to conduct the test program required by subsection Cb). The test program shall be carried out in accordance with the plan submitted under subsection (b)(3). (3) Except as provided in paragraph (4), no B–1B aircraft other than those modified pursuant to paragraph (1) may be modified to incorporate the B–1B avionics modifications until the test program required by subsection (b) is completed. (4) The Secretary may modify the avionics systems of the first 19 B–1B production aircraft to bring those aircraft to the current avionics configuration of the balance of the B–1B fleet. (d) Bimonthly Status Reports.— (1) The Secretary of Defense shall submit to the congressional defense committees a report every two months with respect to the test program under subsection (b). Each such report shall indicate whether the tests scheduled in the test plan to be carried out after the date of the submission of the preceding report under this subsection— (A) have been carried out as scheduled and otherwise in accordance with the test plan; and (B) whether, in the case of each such test, the test was successful, partially successful, or unsuccessful. (2) The Secretary shall include in each such report an assessment of the capability of the B–1B aircraft to meet— (A) performance objectives; (B) technical and fiscal objectives; and (C) significant test milestones. (3) The first such bimonthly report shall be submitted February 1, 1990. The requirement for the submission of such reports shall cease to apply when the test program required by this section is completed. (e) Independent Assessment by Outside Panel.—(1) Following completion of the test program under subsection (b)(1), the Secretary of Defense shall provide for an independent assessment of the capabilities of the B–1B aircraft to penetrate air defenses of the Soviet Union. The Secretary shall appoint a panel of experts from the private sector to conduct the assessment and shall provide the panel with such resources as are necessary, including technical assistance by private contractors, to assist the panel in conducting the assessment. Individuals appointed to the panel shall be independent of the Air Force and shall have no arrangements with the Air Force that would constitute a conflict of interest. 103 STAT. 1380 (2) The panel— (A) shall assess the air defense capabilities of the test aircraft referred to in subsection (c) after they have been modified with the B–1B avionics modifications; and (B) on the basis of that assessment, shall determine what the air defense penetration capabilities of the entire fleet of such aircraft would be in all of its mission profiles if every aircraft in the fleet were so modified. (3) The panel shall estimate the air defense penetration capabilities of the B–1B aircraft against the threats described— (A) in the 1981 joint Office of the Secretary of Defense/Air Force Bomber Alternatives Study; (B) in the 1986 Strategic Bomber Force Study; and (C) in the most current threat baseline established by the intelligence community for estimated Soviet air defenses in the late 1990s. (4) The Secretary of Defense shall ensure that individuals serving on the panel receive the full cooperation of all components of the Department of Defense in carrying out the functions of the panel under this section. (5) The Secretary shall submit to the congressional defense committees the report of the panel not more than 180 days after the conclusion of the test program referred to in subsection (b). (f) Funding of B–1B Avionics Modifications.—(1) Subject to the limitation in paragraph (2), the Secretary may use expired or lapsed funds— (A) to carry out the B–1B avionics modifications and the testing program established in subsections (b) and (c); and (B) upon completion of such testing program, to carry out the B–1B avionics modifications on the remainder of the unmodified B–1B aircraft. (2) The amount of expired or lapsed funds used for any purpose related to development, procurement, modification, or repair of B-1B aircraft (including such amounts of expired or lapsed funds as have been applied to the B–1B program before the enactment of this Act) may not exceed $527,100,000. (3) The use of expired or lapsed funds for the purposes described in paragraph (1) is subject to section 2782 of title 10, United States Code (as added by section 1603 of this Act). (4) Funds for the B–1B recovery program for purposes other than those stated in paragraph (1), or for such purposes but in excess of the limitation under paragraph (3), may be provided only by law through the authorization and appropriation process. (5) For purposes of this subsection, the term “expired or lapsed funds” means funds previously appropriated to the Air Force the availability of which for obligation has expired or lapsed. (g) Access by GAO.—(1) The Secretary of Defense shall ensure that the General Accounting Office has full, direct, and timely access to the documentation relating to the recovery program (including test data and results). (2) The Comptroller General of the United States shall actively monitor the recovery program and shall provide periodic reports to the congressional defense committees on the status and effectiveness of the program.