BIGEYE BINARY CHEMICAL BOMB

SEC. 116. BIGEYE BINARY CHEMICAL BOMB (a) Authorized Procurement for Testing.—(1) Except as provided in paragraph (2), funds appropriated or otherwise made available to the Department of Defense for fiscal years before fiscal year 1989 for procurement under the BIGEYE binary chemical bomb program may be obligated or expended in connection with such program only for procurement of production-configured bombs. Any bombs procured under the preceding sentence may be used only in conducting required follow-on operational testing scheduled to be performed during fiscal years 1989 and 1990. (2) Any such funds not obligated for the purpose described in paragraph (1) may be used for the purpose of maintaining program continuity for the BIGEYE bomb program. (3) None of the funds referred to in paragraphs (1) and (2) may be used for low-rate initial production. (b) Conditions for Obligation of Funds for Procurement.—Except as provided in subsection (f), funds appropriated or otherwise made available to the Department of Defense after the date of the enactment of this Act may not be obligated or expended for procurement of the BIGEYE binary chemical bomb, or for any component of such bomb or the assembly of such bomb, until the reports required by subsections (c) and (d) have been submitted in accordance with those subsections and only then if neither of those reports includes a certification that one or more of the production certification conditions has not been met. (c) Certification by Director, OT&E.—Upon the completion of operational and developmental tests conducted in connection with the BIGEYE binary chemical bomb program, the Director of Operational Test and Evaluation of the Department of Defense shall submit to Congress a report certifying, with respect to each of the production certification conditions, whether or not, in the judgment of the Director, such condition has been met. (d) Certification by Comptroller General.—Upon the submission of the report under subsection (c), the Comptroller General of the United States shall submit to Congress a report certifying, with respect to each of the production certification conditions, whether or not, in the judgment of the Comptroller General, such condition has been met. (e) Production Certification Conditions.—For purposes of this section, the term “production certification conditions” means, with 102 STAT. 1933respect to the operational and developmental tests of the BIGEYE bomb, each of the following: (1) That the operational and developmental tests conducted in connection with such program after the date of the enactment of this Act were realistic and adequate. (2) That the plan and objectives for those tests were clear, well defined, and properly quantifiable. (3) That the design of those tests supports a valid statistical analysis of data. (4) That the criteria for a no-test were adequately defined in the plan for those tests. (5) That the performance of such bomb in those tests met or exceeded the standards established for the tests. (6) That the BIGEYE bomb program is otherwise ready to proceed into full-scale production. (f) Fiscal Year 1989 Authorized Activities.—Of amounts appropriated or otherwise made available to the Department of Defense for fiscal year 1989, $15,000,000 may be obligated or expended for procurement for the BIGEYE program without regard to the limitations contained elsewhere in this section, but only for the purposes of maintaining program continuity, maintaining the subcontractor base, and procuring piece parts and components. Such funds may not be obligated or expended for low-rate initial production or for final assembly.