In 1997, as part of the annual Defense Department authorization act, Congress capped the costs for research and development (RDT&E) and procurement of the F-22 program. Below are the relevant provisions of the legislation.

Department of Defense Authorization Act
for Fiscal Year 1998 (P.L. 105-85)

SEC. 217. F-22 AIRCRAFT PROGRAM. (a) Limitation on Total Cost of Engineering and Manufacturing Development.-- The total amount obligated or expended for engineering and manufacturing development under the F-22 aircraft program may not exceed $18,688,000,000.

(b) Limitation on Total Cost of Production.-- The total amount obligated or expended for the F-22 production program may not exceed $43,400,000,000.

(c) Adjustment of Limitation Amounts.-- The Secretary of the Air Force shall adjust the amounts of the limitations set forth in subsections (a) and (b) by the following amounts:

(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 1997.

(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 1997.

(d) NOTE: Reports. Annual GAO Review.-- (1) Not later than March 15 of each year, the Comptroller General shall review the F-22 aircraft program and submit to Congress a report on the results of the review. The Comptroller General shall also submit to Congress for each report a certification regarding whether the Comptroller General has had access to sufficient information to make informed judgments on the matters covered by the report.

(2) The report submitted on the program each year shall include the following:

(A) The extent to which engineering and manufacturing development under the program is meeting the goals established for engineering and manufacturing development under the program, including the performance, cost, and schedule goals.

(B) The status of modifications expected to have a significant effect on cost or performance of F-22 aircraft.

(C) The plan for engineering and manufacturing development (leading to production) under the program for the fiscal year that begins in the following year.

(D) A conclusion regarding whether the plan referred to in subparagraph (C) is consistent with the limitation in subsection (a).

(E) A conclusion regarding whether engineering and manufacturing development (leading to production) under the program is likely to be completed at a total cost not in excess of the amount specified in subsection (a).

(3) The Comptroller General shall submit the first report under this subsection not later than March 15, 1998. No report is required under this subsection after engineering and manufacturing development under the program has been completed.

(e) Requirement To Support Annual GAO Review.-- The Secretary of Defense and the prime contractors under the F-22 aircraft program shall provide the Comptroller General with such information on the program as the Comptroller General considers necessary to carry out the responsibilities under subsection (d).

(f) Limitation on Obligation of Funds.-- Of the total amount authorized to be appropriated for the F-22 aircraft program for a fiscal year, not more than 90 percent of the amount may be obligated until the Comptroller General submits to Congress--

(1) the report required to be submitted in that fiscal year under subsection (d); and

(2) a certification regarding whether the Comptroller General has had access to sufficient information to make informed judgments on the matters covered by the report.