Page:United States Statutes at Large Volume 100 Part 4.djvu/744

 100 STAT. 3341-139

PUBLIC LAW 99-591—OCT. 30, 1986

(d) DEFINITION.—For the purposes of subsections (b) and (cj, the term "nondevelopmental items" has the meaning given such term in section 2325(d) of title 10, United States Oode (as added by subsection (a)(D)SEC. 908. REQUIREMENTS RELATING TO UNDEFINITIZED CONTRACTUAL ACTIONS. (a) LIMITATION ON USE OF FUNDS FOR UNDEFINITIZED CONTRACTUAL

ACTIONS.—(1) On the last day of each six-month period described in paragraph (4), the Secretary of Defense (with respect to the Defense Logistics Agency) and the Secretary of each military department shall determine— (A) the total amount of funds obligated for contractual actions during the six-month period; (B) the total amount of funds obligated during the six-month period for undefinitized contractual actions; and (C) the total amount of funds obligated during the six-month ' period for undefinitized contractual actions that are not definitized on or before the last day of such period. (2) On the last day of each six-month period described in paragraph (4), the amount of funds obligated for undefinitized contractual actions entered into by the Secretary of Defense (with respect to the Defense Logistics Agency) or the Secretary of a military department during the six-month period that are not deflnitized on or before such day may not exceed 10 percent of the amount of funds obligated for all contractual actions entered into by the Secretary during the six-month period. (3) If on the last day of a six-month period described in paragraph (4) the total amount of funds obligated for undefinitized contractual actions under the jurisdiction of a Secretary that were entered into during the six-month period exceeds the limit established in paragraph (2), the Secretary— (A) shall, not later than the end of the 45-day period beginning on the first day following the six-month period, submit to the defense committees an unclassified report concerning— (i) the amount of funds obligated for contractual actions under the jurisdiction of the Secretary that were entered into during the six-month period with respect to which the .,; report is submitted; and ,; (ii) the amount of such funds obligated for undefinitized contractual actions; and (B) except with respect to the six-month period described in paragraph (4)(A), may not enter into any additional undefinitized contractual actions until the date on which the Secretary certifies to Congress that such limit is not exceeded by the cumulative amount of funds obligated for undefinitized contractual actions under the jurisdiction of the Secretary that are not definitized on or before such date and were entered into— (i) during the six-month period for which such limit was exceeded; or (ii) after the end of such six-month period. (4) This subsection applies to the following six-month periods: (A) The period beginning on October 1, 1986, and ending on March 31, 1987. (B) The period beginning on April 1, 1987, and ending on September 30, 1987.

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