Page:United States Statutes at Large Volume 108 Part 4.djvu/201

 PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2835 day period the Secretary may not obligate more than 10 percent of the fiscal year 1995 advance procurement funds that are available for obligation as of the end of that 90-day period. If, as of the end of such 30-day period, the Secretary of Defense has not submitted to Congress the fiscal year 1996 future-years defense program, then the Secretary may not make any further obligation of fiscal year 1995 advance procurement funds until such program is submitted to Congress. (b) REMOVAL OF CONDITION.—I f the Secretary submits to Congress the fiscal year 1996 future-years defense program during the 30-day period described in the first sentence of subsection (a), the limitation on obligation of advance procurement fluids prescribed in that sentence shall cease to apply effective as of the date of the submission of such program. (c) COMPLIANCE CERTIFICATION AS CONDITION OF EFFECTIVE SUBMISSION OF FYDP. —A submission of the fiscal year 1996 futureyears defense program may not be considered to have been made for purposes of thus section luiless the submission is accompanied by a certification by the Secretary that such program as submitted satisfies the requirements of section 221(b) of title 10, United States Code. Any such certification may be made by the Secretary only after consultation with the Inspector General of the Department of Defense. (d) DEFINITIONS.— For purposes of this section: (1) The term "fiscal year 1996 future-years defense program" means the multiyear defense program (including associated annexes) covering fiscal years beginning with fiscal year 1996 required (by section 221 of title 10, United States Code) to be submitted to Congress in conjunction with the President's budget for that fiscal year. (2) The term "fiscal year 1995 advance procurement fluids" means funds appropriated for the Department of Defense for fiscal year 1995 that are available for advance procurement. SEC. 1006. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL YEAR 1994 DEFENSE APPROPRIATIONS. (a) AUTHORITY.— The amounts described in subsection (b) may be obligated and expended for programs, projects, euid activities of the Department of Defense in accordance with fiscal year 1994 defense appropriations except as otherwise provided in subsections (c) and (d). (b) COVERED AMOUNTS.— The amoiuits referred to in subsection (a) are the amounts provided for programs, projects, and activities of the Department of Defense in fiscal year 1994 defense appropriations that are in excess of the amounts provided for such programs, projects, and activities in fiscal year 1994 defense authorizations. (c) PROGRAMS NOT AVAILABLE FOR OBLIGATION.—Amounts described in subsection (b) which remain available for obligation on the date of the enactment of this Act may not be obligated or expended for the following programs, projects, and activities of the Department of Defense (for which amounts were provided in fiscal year 1994 defense appropriations): (1) The Guardrail modifications program under "Aircraft Prociu-ement, Army" in the amount of $19,000,000. (2) The AT-4 upgrade program under "Procurement of Ammiuiition, Army" in the amount of $15,000,000.

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