Page:United States Statutes at Large Volume 104 Part 3.djvu/530

 104 STAT. 1882 PUBLIC LAW 101-511—NOV. 5, 1990 SEC. 8035. None of the funds provided in this Act shall be available for use by a Military Department to modify an aircraft, weapon, ship or other item of equipment, that the Military Department concerned plans to retire or otherwise dispose of within five years after completion of the modification: Provided, That this prohibition shall not apply to safety modifications. SEC. 8036. For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119), the term program, project, and activity for appropriations contained in this Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 1991, the accompanying House and Senate Committee reports, the conference report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes, and the P-1 and R-1 budget justification documents as subsequently modified by Congressional action: Provided, That the following exception to the above definition shall apply: For the Military Personnel and the Operation and Maintenance accounts, the term "program, project, and activity" is defined as the appropriations accounts contained in the Department of Defense Appropriations Act. SEC. 8037. Of the funds appropriated to the Army, $46,904,000 shall be available only for the Reserve Component Automation System (RCAS): Provided, That none of these funds can be expended: (1) except as approved by the Chief of the National Guard Bureau; (2) unless RCAS resource management functions are performed by the National Guard Bureau; (3) unless the RCAS contract source selection official is the Chief of the National Guard Bureau; (4) to pay the salary of an RCAS program manager who has not been selected and approved by the Chief of the National Guard Bureau and chartered by the Chief of the National Guard Bureau and the Secretary of the Army; (5) unless the Program Manager (PM) charter makes the PM accountable to the source selection official and fully defines his authority, responsibility, reporting channels and organizational structure; (6) to pay the salaries of individuals assigned to the RCAS program management office, source selection evaluation board, and source selection advisory board unless such organizations are comprised of personnel chosen jointly by the Chiefs of the National Guard Bureau and the Army Reserve; (7) to award a contract for development or acquisition of R(JAS unless such contract is competitively awarded under procedures of OMB Circular A-109 for an integrated system consisting of software, hardware, and communications equipment and unless such contract precludes the use of Government furnished equipment, operating systems, and executive and applications software; and (8) unless RCAS performs its own classified information processing. SEC. 8038. None of the funds provided for the Department of Defense in this Act may be obligated or expended for fixed pricetype contracts in excess of $10,000,000 for the development of a

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