Pub. L. 102-484, div. A, tit. I, subtit. D, sec. 134
C–17 AIRCRAFT PROGRAM.
SEC. 134. C–17 AIRCRAFT PROGRAM. (a) Funding for Program.—Of the amount appropriated pursuant to section 103(1)— (1) not more than $1,810,635,000 shall be available for procurement for the C–17 aircraft program other than advance procurement and procurement of spare parts; and (2) not more than $250,905,000 shall be available for advance procurement for the C–17 aircraft program. (b) Fiscal Year 1993 Limitation.—In addition to the limitation contained in section 133(c) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1311), 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 the Secretary of Defense submits to the congressional defense committees the report referred to in section 133(b) of that Act. 106 STAT. 2336 (c) Fiscal Year 1994 Limitation.—None of the funds appropriated for the Department of Defense for fiscal year 1994 that are made available for the C–17 aircraft program (other than funds for advance procurement) may be obligated before— (1) the Secretary of the Air Force— (A) convenes the Scientific Advisory Board to determine the technical feasibility of carrying out a service life extension program for the C–141 aircraft fleet and to review programmed depot maintenance policies and practices for the C–141 aircraft fleet; and (B) acts to limit the retirement of any operationally capable C–141 aircraft until a decision is made concerning a service life extension for the C–141 fleet; (2) the Secretary of Defense convenes a special Defense Acquisition Board to review the C–17 aircraft program; (3) the special Defense Acquisition Board submits to the Secretary of Defense a report on the C–17 aircraft program, including the matters described in subsection (d); and (4) the Secretary of Defense submits the report of that board, including the material referred to in subsection (d), to the congressional defense committees. (d) Matters To Be Included in Review.—The review (referred to in subsection (c)(2)) that is conducted by the special Defense Acquisition Board shall include— (1) an assessment by the Joint Requirements Oversight Council (JROC) of the adequacy of the requirements for the C–17 aircraft; (2) an analysis by a federally funded research and development center of the cost and operational effectiveness of the C–17 aircraft program taking into consideration complementary mixes of other aircraft; and (3) an affordability assessment of the program, performed by the Cost Analysis Improvement Group in the Office of the Assistant Secretary of Defense for Program Analysis and Evaluation. (e) Prohibition Relating to Production Capability.—None of the funds provided under subsection (a) for the C–17 aircraft program may be used to increase the current rate at which the contractor could produce C–17 aircraft. (f) Initiative on Cost, Performance, and Management.—(1) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall establish an initiative to maintain control over costs, contractor performance, and management performance within the C–17 aircraft program. (2) The initiative shall include the following elements: (A) The establishment of a management plan which provides for the decisions to commit to specified levels of production to be linked to progress in meeting specified program milestones, including testing milestones of such critical performance elements as— (i) maximum range and maximum payload performance; (ii) short airfield performance; (iii) ground mobility in restricted airfield conditions; (iv) low altitude parachute extraction capability; (v) air drop capability; and (vi) sustainable utilization rate performance. 106 STAT. 2337 (B) The establishment of a program for promoting increased interaction between the prime contractor and major program subcontractors on management and performance issues. (C) The establishment of a senior management review group to report directly to the Under Secretary of Defense for Acquisition on the status of aircraft capability, program management, schedule, and cost (D) The establishment of a system maturity matrix. (3) Not later than April 1, 1993, the Secretary of Defense shall submit to the congressional defense committees a report on the initiative. The report shall include a description of the measures taken to implement the initiative, including actions taken with respect to each of the elements specified in paragraph (2), and a description of the criteria and milestones to be used in evaluating actual program performance against specified program performance. (g) Funding Limitation on Fiscal year 1993 Advance Procurement Funds.—(1) None of the funds made available pursuant to subsection (a)(2) may be obligated until the Secretary of Defense certifies to the congressional defense committees that— (A) the aircraft designated as the P–9 aircraft has moved to the “major join” stage of production with no less than 90 percent of its assembly completed in position; and (B) the assembly of the aircraft designated as the P–14 aircraft has begun at the final assembly facility. (2) A certification of the Secretary under paragraph (1) shall be based on findings transmitted to the Secretary by the Defense Plant Representative Office.