Pub. L. 102-484, div. A, tit. I, subtit. E, sec. 141 (as amended)
FUNDING FOR CERTAIN TACTICAL INTELLIGENCE PROGRAMS.
SEC. 141. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE PROGRAMS.
(a) Authorization.—Of the funds authorized to be appropriated under section 104, $56,962,000 shall be available for modernizing either EP–3 Aries aircraft or RC–135 Rivet Joint aircraft.
(b) Limitation.—None of the funds provided under subsection (a) or funds appropriated or otherwise made available to the Department of Defense for procurement for fiscal year 1993 may be obligated for Navy EP–3 aircraft or Air Force RC–135 aircraft until the Secretary of Defense—
(1) transmits to Congress the report referred to in section 901;
(2) determines, in light of such report and other factors, which of those two aircraft best meets the intelligence requirements of the Department and, therefore, is to be retained in the inventory; and
(3) transmits to the congressional defense committees—
(A) a notification of the determination under paragraph (2); and
(B) a determination of the total requirements for the selected aircraft, taking into consideration the contribution of related systems such as the Navy ES–3 aircraft and the Air Force U–2 and C–130 Senior Scout aircraft.
(c) Transfer Authority.—(1) Upon determination of which aircraft referred to in subsection (a) best meets the intelligence requirements of the Department, and subject to the limitations in subsection (b), the Secretary of Defense may transfer the amount referred to in subsection (a) to either the Navy for procurement of EP–3 modifications or to the Air Force for procurement of RC–135 modifications, depending upon which aircraft was selected.
(2) The transfer authority in paragraph (1) is in addition to any other transfer authority provided in this or any other Act.
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