INTERTHEATER AIRLIFT PROGRAM.

SEC. 138. INTERTHEATER AIRLIFT PROGRAM. (a) Funding for Program.—Of the amount appropriated under section 103 for procurement of aircraft for the Air Force (or otherwise made available for procurement of aircraft for the Air Force for fiscal year 1994), not more than $2,318,000,000 (hereinafter in this section referred to as “fiscal year 1994 intertheater airlift funds”) may be made available for the Intertheater Airlift Program, including the C-17 aircraft program. Of that amount— (1) not more than $1,730,000,000 may be made available for procurement for the C-17 aircraft program (other than for advanced procurement and procurement of spare parts), except as such amount may be increased pursuant to paragraph (4); (2) not more than $188,000,000 may be made available for advanced procurement for the C-17 aircraft program; (3) not more than $100,000,000 may be made available for procurement of nondevelopmental wide-body military or commercial cargo variant aircraft as a complement to the C-17 aircraft, except as such amount may be increased pursuant to paragraph (4); and (4) subject to subsection (h), not more than $300,000,000 may be made available for procurement either as specified in paragraph (1) or as specified in paragraph (3), in addition to the amount specified in that paragraph. (b) Use OF Funds.—(1) Using fiscal year 1994 intertheater airlift funds and subject to the limitations in subsection (a), the Secretary of Defense snail do the following: (A) Procure C-17 aircraft. (B) Initiate procurement of nondevelopmental aircraft as a complement to the C-17 aircraft, selected as provided in paragraph (3). (2) Using fiscal year 1994 intertheater airlift funds and subject to the limitations in subsection (a), the Secretary shall develop an acquisition plan leading to procurement as an airlift aircraft complementary to the C-17 aircraft of either— (A) a nondevelopmental, wide-body military airlift aircraft; or (B) a nondevelopmental commercial wide-body cargo variant aircraft. (3) The Secretary shall choose which, or what mix, of the options specified in paragraph (2) best supports intertheater airlift requirements. 107 STAT. 1574 (c) Fiscal Year 1994 Limitation.—Amounts appropriated under section 103 for procurement of aircraft for the Air Force (or otherwise made available for procurement of aircraft for the Air Force for fiscal year 1994) may not be obligated for procurement of C-17 aircraft (other than for advanced procurement) until— (1) each limitation and requirement set forth in subsections (b), (c), (d), and (f) of section 134 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2335) has been satisfied; and (2) the Secretary of Defense submits to the congressional defense committees a report on the C-17 acquisition program that contains— (A) the results of the special Defense Acquisition Board review of the program, to include specific changes to requirements recommended by the Joint Requirements Oversight Council (JROC); (B) a discussion of the corrective actions to be taken by the Air Force with regard to such program; (C) a proposed resolution of outstanding contractor claims and any requested legislation relating to those claims; (D) a discussion of the corrective actions to be taken by the contractor with regard to such program; and (E) the findings and recommendations of the special Defense Science Board group resulting from the investigation of the program by that group. (d) Fiscal Year 1995 Limitation.—The Secretary of Defense may not obligate any funds that may be appropriated for the Department of Defense for fiscal year 1995 that are made available for the C-17 aircraft program (other than funds made available for advanced procurement) until the Secretary submits to the congressional defense committees a report containing a review (based on an analysis by a federally funded research and development center) of the airlift requirements of the Armed Forces. The review shall reflect consideration of each of the following: (1) The changes in total airlift requirements of the Armed Forces resulting from the disintegration of the Warsaw Pact and Soviet Union that eliminate any major trans-Atlantic airlift requirement for Europe. (2) The change in airlift requirements of the Armed Forces from requirements for airlift of large quantities of outsize cargo for reenforcement of North Atlantic Treaty Organization forces to requirements for airlift in connection with such lesser regional contingencies and humanitarian operations as Operation Desert Shield, Operation Desert Storm, and Operation Restore Hope. (3) The potential contribution that planned strategic sealift improvements can make toward— (A) reducing the total demand for airlift; and (B) changing the type of cargo that airlift aircraft must carry. (4) The declining demand for the conduct of airlift operations in austere airfield environments. (5) The trade-off between purchasing the type of additional capability that the C—17 aircraft can provide and purchasing and using additional support equipment that would increase the cargo airlift capacity of alternative cargo aircraft. 107 STAT. 1575 (e) Limitation on Acquisition of More Than Four C-17 Aircraft.—The Secretary of Defense may not obligate C-17 production funds (as defined in subsection (i)) to produce more than four C-17 aircraft until the program meets the following milestones: (1) Clearance of flight envelope with respect to altitude and speed. (2) Takeoff of aircraft at gross weight of 580,000 pounds and 160,000 pounds payload within a critical field length of 8,500 feet at sea level and 90 degrees Fahrenheit day conditions (or equivalent results under other conditions). (3) Backing aircraft up a two degree slope with a gross weight of 510,000 pounds. (4) Unassisted 180 degree turn of aircraft on paved runway of load classification group IV in less than 90 feet, using three maneuvers. (5) Completion of static article ultimate load (150 percent of design limit load) test condition S.P. 5030 for wing up bending. (6) Completion of electromagnetic radiation, electromagnetic compatibility, and lightening tests. (7) Low velocity air drop of 5,000-pound, 8-foot length platform. (8) Sequential air drop of multiple simulated paratroop dummies from both paratroop doors. (9) A minimum unit equivalent assembly rate of 6.0 assemblies per year, as measured by the ratio of annualized standard hours earned to that required to assemble one aircraft from beginning of assembly to the completion of assembly before movement to the ramp at the prime contractor’s facilities. (10) For all aircraft scheduled for delivery in the prior six-month period, delivery of each aircraft within one month of scheduled delivery date. (f) Limitation on Acquisition of More Than Six C-17 Aircraft.—The Secretary of Defense may not obligate C-17 production funds (as defined in subsection (i)) to produce more than six aircraft for a fiscal year after fiscal year 1995 until the program meets the following milestones (in addition to the milestones specified in subsection (e)): (1) Clearance of flight envelope with respect to loads. (2) Estimate of payload meets 95 percent of the requirement provided in the full-scale development contract for the key performance parameters for payload-to-range systems performance. (3) Operational clearance for aircraft to be air refueled from operational KC-10 and KC-135 aircraft at standard Air Force refueling speeds for the specific tanker in a single receiver formation. (4) Demonstration of combat offload with two 463L pallets using the air delivery system rails. (5) Airdrop of 70 paratroopers on one pass, using both paratroop doors. (6) Low velocity air drop of 30,000-pound, 24-foot length platform. (g) Limitation on Acquisition of More Than Six C-17 Aircraft.—The Secretary of Defense may not obligate C—17 production funds (as defined in subsection (i)) to produce more than six C—17 aircraft for a fiscal year after fiscal year 1996 until the program 107 STAT. 1576meets the following milestones (in addition to the milestones specified in subsections (e) and (f)): (1) Estimate of payload meets 97.5 percent of the requirement provided in the full-scale development contract for the key performance parameters for payload-to-range systems performance. (2) Landing of aircraft with a payload of 160,000 pounds and fuel necessary to fly 300 nautical miles on a 3,000-foot long, 90-foot wide, and load classification group IV runway at sea level, 90 degrees Fahrenheit day conditions (or equivalent results under other conditions). (3) Low altitude parachute extraction system delivery of a 20,000-pound cargo. (4) Simultaneous and sequential container delivery system airdrop of 30 bundles. (5) Low velocity air drop of 42,000-pound platform. (6) Satisfactory completion of one lifetime of testing of durability article. (7) Air vehicle mean time between removal at cumulative flying hours to date of measurement indicates that the mature requirement established in the full-scale development contract will be met. (h) Funding Out of Intertheater Airlift Program.—Fiscal year 1994 intertheater airlift funds that are referred to in paragraph (4) of subsection (a) may be made available by the Secretary of Defense for procurement for the C-17 program, or for procurement for the complementary nondevelopmental wide-body aircraft, only after— (1) the Secretary of Defense— (A) submits the report on the C-17 program specified in subsection (c)(2); (B) determines whether procurement of two additional C-17 aircraft would contribute more to intertheater lift modernization than procurement of additional complementary nondevelopment wide-body aircraft at the same funding level; and (C) submits to the congressional defense committees notice of the determination described in subparagraph (B) along with notification of the Secretary’s intent to transfer up to $300,000,000 as provided in subsection (a)(4) either to the C-17 program or to the nondevelopmental aircraft program specified in subsection (a)(3); and (2) a period of 30 days has elapsed after the submission of the report referred to in paragraph (1)(A) and the notification required by paragraph (1)(C). (i) C-17 Production Funds Defined.—For purposes of this section, the term “C-17 production funds” means funds appropriated for the Department of Defense for a fiscal year after fiscal year 1993 that are made available for the intertheater airlift program, including the C-17 aircraft program (other than funds made available for advanced procurement).