Home > 104th Congressional Public Laws > Pub.L. 104-107 Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1996, and for other purposes. <> ...

Pub.L. 104-107 Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1996, and for other purposes. <> ...


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Sec. 5111. Responsibility of Director.
Sec. 5112. Capital planning and investment control.
Sec. 5113. Performance-based and results-based management.

                     Subtitle C--Executive Agencies

Sec. 5121. Responsibilities.
Sec. 5122. Capital planning and investment control.
Sec. 5123. Performance and results-based management.
Sec. 5124. Acquisitions of information technology.
Sec. 5125. Agency Chief Information Officer.
Sec. 5126. Accountability.
Sec. 5127. Significant deviations.
Sec. 5128. Interagency support.

                   Subtitle D--Other Responsibilities

Sec. 5131. Responsibilities regarding efficiency, security, and privacy 
                      of Federal computer systems.
Sec. 5132. Sense of Congress.

                  Subtitle E--National Security Systems

Sec. 5141. Applicability to national security systems.
Sec. 5142. National security system defined.

      TITLE LII--PROCESS FOR ACQUISITIONS OF INFORMATION TECHNOLOGY

Sec. 5201. Procurement procedures.
Sec. 5202. Incremental acquisition of information technology.

      TITLE LIII--INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS

                  Subtitle A--Conduct of Pilot Programs

Sec. 5301. Authority to conduct pilot programs.
Sec. 5302. Evaluation criteria and plans.
Sec. 5303. Report.
Sec. 5304. Recommended legislation.
Sec. 5305. Rule of construction.

                   Subtitle B--Specific Pilot Programs

Sec. 5311. Share-in-savings pilot program.
Sec. 5312. Solutions-based contracting pilot program.

     TITLE LIV--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS

Sec. 5401. On-line multiple award schedule contracting.
Sec. 5402. Identification of excess and surplus computer equipment.
Sec. 5403. Access of certain information in information systems to the 
                      directory established under section 4101 of title 
                      44, United States Code.

   TITLE LV--PROCUREMENT PROTEST AUTHORITY OF THE COMPTROLLER GENERAL

Sec. 5501. Period for processing protests.
Sec. 5502. Availability of funds following GAO resolution of challenge 
                      to contracting action.

              TITLE LVI--CONFORMING AND CLERICAL AMENDMENTS

Sec. 5601. Amendments to title 10, United States Code.
Sec. 5602. Amendments to title 28, United States Code.
Sec. 5603. Amendment to title 31, United States Code.

[[Page 110 STAT. 204]]

Sec. 5604. Amendments to title 38, United States Code.
Sec. 5605. Provisions of title 44, United States Code, relating to 
                      paperwork reduction.
Sec. 5606. Amendment to title 49, United States Code.
Sec. 5607. Other laws.
Sec. 5608. Clerical amendments.

      TITLE LVII--EFFECTIVE DATE, SAVINGS PROVISIONS, AND RULES OF 
                              CONSTRUCTION

Sec. 5701. Effective date.
Sec. 5702. Savings provisions.
Sec. 5703. Rules of construction.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on National Security and the Committee on 
        Appropriations of the House of Representatives.

SEC. 4. EXTENSION OF TIME FOR SUBMISSION OF REPORTS.

    In the case of any provision of this Act, or any amendment made by a 
provision of this Act, requiring the submission of a report to Congress 
(or any committee of Congress), that report shall be submitted not later 
than the later of--
            (1) the date established for submittal of the report in such 
        provision or amendment; or
            (2) the date that is 45 days after the date of the enactment 
        of this Act.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 1996 
for procurement for the Army as follows:
            (1) For aircraft, $1,558,805,000.
            (2) For missiles, $865,555,000.
            (3) For weapons and tracked combat vehicles, $1,652,745,000.
            (4) For ammunition, $1,093,991,000.
            (5) For other procurement, $2,763,443,000.

SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for fiscal 
year 1996 for procurement for the Navy as follows:
            (1) For aircraft, $4,572,394,000.
            (2) For weapons, including missiles and torpedoes, 
        $1,659,827,000.
            (3) For shipbuilding and conversion, $6,643,958,000.
            (4) For other procurement, $2,414,771,000.

[[Page 110 STAT. 205]]

    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 1996 for procurement for the Marine Corps in the amount 
of $458,947,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for procurement of ammunition for the Navy and the 
Marine Corps in the amount of $430,053,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 1996 
for procurement for the Air Force as follows:
            (1) For aircraft, $7,349,783,000.
            (2) For missiles, $2,938,883,000.
            (3) For ammunition, $343,848,000.
            (4) For other procurement, $6,268,430,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 1996 
for Defense-wide procurement in the amount of $2,124,379,000.

SEC. 105. RESERVE COMPONENTS.

    Funds are hereby authorized to be appropriated for fiscal year 1996 
for procurement of aircraft, vehicles, communications equipment, and 
other equipment for the reserve components of the Armed Forces as 
follows:
            (1) For the Army National Guard, $160,000,000.
            (2) For the Air National Guard, $255,000,000.
            (3) For the Army Reserve, $85,700,000.
            (4) For the Naval Reserve, $67,000,000.
            (5) For the Air Force Reserve, $135,600,000.
            (6) For the Marine Corps Reserve, $73,700,000.

SEC. 106. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for fiscal year 1996 
for procurement for the Inspector General of the Department of Defense 
in the amount of $1,000,000.

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

    There is hereby authorized to be appropriated for fiscal year 1996 
the amount of $672,250,000 for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare materiel of the 
        United States that is not covered by section 1412 of such Act.

SEC. 108. DEFENSE HEALTH PROGRAMS.

    Funds are hereby authorized to be appropriated for fiscal year 1996 
for the Department of Defense for procurement for carrying out health 
care programs, projects, and activities of the Department of Defense in 
the total amount of $288,033,000.

[[Page 110 STAT. 206]]

                        Subtitle B--Army Programs

SEC. 111. PROCUREMENT OF OH-58D ARMED KIOWA WARRIOR HELICOPTERS.

    The prohibition in section 133(a)(2) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 
103 Stat. 1383) does not apply to the obligation of funds in amounts not 
to exceed $140,000,000 for the procurement of not more than 20 OH-58D 
Armed Kiowa Warrior aircraft from funds appropriated for fiscal year 
1996 pursuant to section 101.
SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE UPGRADES.

    Subsection (j) of section 21 of the Arms Export Control Act (22 
U.S.C. 2761) is repealed.

SEC. 113. MULTIYEAR PROCUREMENT OF HELICOPTERS.

    The Secretary of the Army may, in accordance with section 2306b of 
title 10, United States Code, enter into multiyear procurement contracts 
for procurement of the following:
            (1) AH-64D Longbow Apache attack helicopters.
            (2) UH-60 Black Hawk utility helicopters.

SEC. 114. REPORT ON AH-64D ENGINE UPGRADES.

    No later than February 1, 1996, the Secretary of the Army shall 
submit to Congress a report on plans to procure T700-701C engine upgrade 
kits for Army AH-64D helicopters. The report shall include--
            (1) a plan to provide for the upgrade of all Army AH-64D 
        helicopters with T700-701C engine kits commencing in fiscal year 
        1996; and
            (2) a detailed timeline and statement of funding 
        requirements for the engine upgrade program described in 
        paragraph (1).

SEC. 115. REQUIREMENT FOR USE OF PREVIOUSLY AUTHORIZED MULTIYEAR 
            PROCUREMENT AUTHORITY FOR ARMY SMALL ARMS PROCUREMENT.

    (a) Requirement.--The Secretary of the Army (subject to the 
provision of authority in an appropriations Act) shall enter into a 
multiyear procurement contract during fiscal year 1997 in accordance 
with section 115(b)(2) of the National Defense Authorization for Fiscal 
Year 1995 (Public Law 103-337; 108 Stat. 2681).
    (b) Technical Amendment.--Section 115(b)(1) of the National Defense 
Authorization for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2681) 
is amended by striking out ``2306(h)'' and inserting in lieu thereof 
``2306b''.

                        Subtitle C--Navy Programs

SEC. 131. NUCLEAR ATTACK SUBMARINES.

    (a) Amounts Authorized.--(1) Of the amount authorized by section 102 
to be appropriated for Shipbuilding and Conversion, Navy, for fiscal 
year 1996--

[[Page 110 STAT. 207]]

            (A) $700,000,000 is available for construction of the third 
        vessel (designated SSN-23) in the Seawolf attack submarine 
        class, which shall be the final vessel in that class; and
            (B) $804,498,000 is available for long-lead and advance 
        construction and procurement of components for construction of 
        the fiscal year 1998 and fiscal year 1999 submarines (previously 
        designated by the Navy as the New Attack Submarine), of which--
                    (i) $704,498,000 shall be available for long-lead 
                and advance construction and procurement for the fiscal 
                year 1998 submarine, which shall be built by Electric 
                Boat Division; and
                    (ii) $100,000,000 shall be available for long-lead 
                and advance construction and procurement for the fiscal 
                year 1999 submarine, which shall be built by Newport 
                News Shipbuilding.

    (2) Of the amount authorized by section 201(2), $10,000,000 shall be 
available only for participation of Newport News Shipbuilding in the 
design of the submarine previously designated by the Navy as the New 
Attack Submarine.
    (b) Competition, Report, and Budget Revision Limitations.--(1) Of 
the amounts specified in subsection (a)(1), not more than $200,000,000 
may be obligated or expended until the Secretary of the Navy certifies 
in writing to the Committee on Armed Services of the Senate and the 
Committee on National Security of the House of Representatives that 
procurement of nuclear attack submarines to be constructed beginning--
            (A) after fiscal year 1999, or
            (B) if four submarines are procured as provided for in the 
        plan described in subsection (c), after fiscal year 2001,

will be under one or more contracts that are entered into after 
competition between potential competitors (as defined in subsection (k)) 
in which the Secretary solicits competitive proposals and awards the 
contract or contracts on the basis of price.
    (2) Of the amounts specified in subsection (a)(1), not more than 
$1,000,000,000 may be obligated or expended until the Secretary of 
Defense, not later than March 15, 1996, accomplishes each of the 
following:
            (A) Submits to the Committee on Armed Services of the Senate 
        and the Committee on National Security of the House of 
        Representatives in accordance with subsection (c) the plan 
        required by that subsection for a program to produce a more 
        capable, less expensive nuclear attack submarine than the 
        submarine design previously designated by the Navy as the New 
        Attack Submarine.
            (B) Notwithstanding any other provision of law, or the 
        funding level in the President's budget for each year after 
        fiscal year 1996, the Under Secretary of Defense (Comptroller) 
        shall incorporate the costs of the plan required by subsection 
        (c) in the Future Years Defense Program (FYDP) even if the total 
        cost of that Program exceeds the President's budget.
            (C) Directs that the Under Secretary of Defense for 

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