LIMITATION ON MODIFICATIONS OF CERTAIN SPECIAL OPERATIONS FORCES AIRCRAFT

SEC. 145. LIMITATION ON MODIFICATIONS OF CERTAIN SPECIAL OPERATIONS FORCES AIRCRAFT (a) Limitation.—Funds appropriated for fiscal year 1990 for procurement of aircraft for the Army may not be obligated or expended for modifications for MH–60K and MH—47 helicopters until the Secretary of the Army certifies in writing to the congressional defense committees that the cost of any modification, correction of deficiencies, or retrofit that is required for such aircraft to 103 STAT. 1386meet established contract specifications and overall system performance requirements will not be borne by the Government. (b) Waiver.—(1) If the Secretary is unable to make the certification described in subsection (a), the Secretary shall submit to the congressional defense committees a report on the nature and extent of any prospective Government risk with respect to the costs of modifications, corrections, and deficiencies referred to in that subsection. In the report, the Secretary— (A) shall set forth the type and degree of risk with respect to the affected major subsystem of each of the two aircraft; and (B) shall specify the contractual agreements for any such areas of risk by affected major subsystem for each aircraft. (2) Upon the receipt of a report under paragraph (1), the limitation in subsection (a) shall cease to apply.