LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT OF F/A–22 AIRCRAFT.

SEC. 133. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT OF F/A–22 AIRCRAFT.(a) Limitation.—Of the amount appropriated for fiscal year 2004 for procurement of F/A–22 aircraft, $136,000,000 may not be obligated until the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees the Under Secretary’s certification that—(1) the five aircraft designated to participate in the initial operational test and evaluation program for the F/A–22 aircraft, plus the avionics software test aircraft, have each been equipped with the avionics software operational flight program that is configured for initial operational test and evaluation; and(2) before the commencement of that initial operational test and evaluation program, the six aircraft specified in paragraph (1) demonstrate, on average, a mean time between covered avionics anomalies of at least five hours.(c) Covered Avionics Anomalies.—For purposes of subsection (a), the term “covered avionics anomalies” means any of the following:(1) A software event referred to as a Type 1 failure.(2) A software event referred to as a Type 2 failure.(3) A hardware event referred to as a Type 5 failure.(c) Contingency Waiver Authority.—If the Under Secretary notifies the Secretary of Defense that the Under Secretary is unable to make the certification described in subsection (a), the Secretary may waive the limitation under that subsection. Upon making such a waiver—(1) the Secretary of Defense shall notify the congressional defense committees of the waiver and of the reasons therefor; and(2) the funds described in subsection (a) may then be obligated, by reason of such waiver, after the end of the 30-day period beginning on the date on which the Secretary’s notification is received by those committees.