AUTHORITY FOR WAIVER OF REQUIREMENT FOR TRANSFER OF A–10 AIRCRAFT TO THE ARMY AND MARINE CORPS.

SEC. 1024. AUTHORITY FOR WAIVER OF REQUIREMENT FOR TRANSFER OF A–10 AIRCRAFT TO THE ARMY AND MARINE CORPS. (a) Amendment.—Section 1439(b)(2) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1689) is amended by striking out “, by not later than September 30, 1996,”. (b) Waiver Authority.—The Secretary of Defense may waive section 1439(b)(2) of the National Defense Authorization Act for Fiscal Year 1991, as amended by subsection (a), for any fiscal year if, not later than May 1 of the year in which that fiscal year begins, the Secretary certifies to the congressional defense committees the following: (1) That it will be necessary during that fiscal year and for subsequent fiscal years for E–8 surveillance aircraft to be used to carry out mission requirements of the commanders of the unified commands in the respective theaters of operations for which those commanders are responsible. (2) That the total number of aircraft proposed to be procured under the E–8A Joint Surveillance and Target Attack Radar System (JSTARS) aircraft program is sufficient to meet the war fighting needs of the commanders of the unified commands. (3) That the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for that fiscal year and the multiyear defense program submitted to Congress in connection with that budget pursuant to section 114a of title 10, United States Code, propose sufficient resources for the procure-105 STAT. 1461ment of JSTARS aircraft in the quantities, and at the rate, necessary to meet the operational needs of the commanders of the unified commands at the earliest practicable date. (4) That any subsequent reduction in the procurement objective for the JSTARS aircraft program from the levels certified pursuant to paragraph (3) will be established solely on the basis of reduced war fighting requirements identified by the commanders of the unified commands. (5) That there are no technical limitations with the JSTARS aircraft program that would otherwise necessitate a change in the schedule for fielding the JSTARS aircraft under the program. (c) Consultation.—Before submitting a certification pursuant to subsection (b), the Secretary of Defense shall consult with the commanders of the unified commands, the Chairman of the Joint Chiefs of Staff, and the Under Secretary of Defense for Acquisition regarding the matters to be certified. The certification shall include a certification by the Secretary that the Secretary has consulted with those officers. (d) Inapplicability During Fiscal Year 1992.—Section 1439 of such Act, as amended by subsection (a), shall not apply during fiscal year 1992.