Pub. L. 102-190, div. A, tit. I, pt. D, sec. 133
C–17 AIRCRAFT PROGRAM.
SEC. 133. C–17 AIRCRAFT PROGRAM. (a) Use of Authorized Appropriations.—Of the amounts authorized to be appropriated for the Air Force for aircraft procurement by section 103, not more than the following amounts may be made available for procurement of the C–17 aircraft for fiscal year 1992: (1) $1,525,203,000 for procurement. (2) $122,424,000 for advance procurement. (3) $126,200,000 for spare parts. (b) Limitation for Fiscal Year 1992.—Of the funds appropriated for the Department of Defense for fiscal year 1992 that are made available for the C–17 aircraft program (other than funds for advance procurement), not more than $400,000,000 may be obligated for the procurement of C–17 aircraft until the Secretary of Defense submits to the congressional defense committees a report that— (1) describes the total cost to complete the full-scale development contract for that aircraft, identifying both the total cost to be borne by the Government and those costs to be borne solely by the contractor; (2) contains a projection of how potential cost overruns under that contract would affect subsequent production contract prices; (3) includes a certification by the Secretary that the first flight of the first development aircraft under that program, and the first flight of the first production aircraft under that program, have both been completed; (4) sets forth in detail all reductions made in performance specifications for the C–17 aircraft since the signing of the original development contract under the program; and (5) includes a certification by the Chairman of the Joint Chiefs of Staff (made after consultation with the commanders of the unified and specified combatant commands)— (A) that the reductions in performance specifications referred to in paragraph (4) do not reduce the military utility 105 STAT. 1311 of the C–17 aircraft below the levels needed by those commanders; and (B) that the C–17 aircraft continues to be the most cost-effective means to meet current and projected airlift requirements. (c) Limitation for Fiscal Year 1993.—None of the funds appropriated for the Department of Defense for fiscal year 1993 that are made available for the C–17 aircraft program (other than funds for advance procurement) may be obligated before— (1) the Air Force has accepted delivery of the fifth production aircraft under that program; and (2) the Director of Operational Test and Evaluation of the Department of Defense— (A) has evaluated the performance of the C–17 aircraft with respect to critical operational issues after the first 50 flight hours of flight testing conducted during initial operational testing and evaluation of the aircraft; and (B) has provided to the Secretary of Defense and to the congressional defense committees an early operational assessment of the aircraft regarding both the aircraft’s overall suitability and deficiencies in the aircraft relative to (i) the initial requirements and specifications for the aircraft, and (ii) the current requirements and specifications for the aircraft.