Page:United States Statutes at Large Volume 90 Part 1.djvu/982

 9 0 STAT. 932

Emergency assistance.

Technical data and computer software procurement. 10 USC 2306 note.

Report to congressional committees.

Definitions.

PUBLIC LAW 9 4 - 3 6 1 — J U L Y 14, 1976 year beginning after September 30, 1977, for carrying out the purpose of this Act, unless such funds have been authorized for such purpose by legislation enacted after the date of enactment of the Department of Defense Appropriations Authorization Act, 1977.". (c) Section 201 of such Act (50 U.S.C. A p p. 2281) is amended— (1) by striking out in subsection (e) ^'•Provided further, That the authority to pay travel and per diem expenses of students as authorized by this subsection shall terminate on June 30, 1976."; and (2) by striking out in the fourth proviso of subsection (h) "until June 30, 1976,". (d) Subsection (h) of section 205 of such Act (50 U.S.C. A p p. 2286 (h)) is amended to read as follows: " (h) Funds made available to the States under this Act may be used, to the extent and under such terms and conditions as shall be prescribed by the Administrator, for providing emergency assistance, including civil defense personnel, organizational equipment, materials, and facilities, in any area of the United States which suffers a disaster other than a disaster caused by an enemy attack.". SEC. 805. (a) During the period beginning on October 1, 1976, and ending on September 30, 1978, each contract entered into by a milit a r y department for development or procurement of a major system shall, except as provided in subsection (b), include a deferred ordering clause giving the procuring authority for such system the option to purchase from the contractor involved technical data and computer software packages relating to such system. Such clause shall require such packages to be in sufficient detail to enable such procuring authority to reprocure such system, or a subsystem of such system, from a contractor other than the contractor involved in such contract. (b) Any procuring authority to whom subsection (a) applies may exempt a particular contract for development or procurement of a major system from the requirements of such subsection, but, p r i o r to the time any such contract without the deferred ordering clause required by such subsection is entered into, the procuring authority concerned shall report his intent to enter into such contract to the Committees on Armed Services and Appropriations of the Senate and House of Representatives with a detailed explanation for such exemption. (c) For the purposes of this section: (1) The term "major system" means a composite of equipment, skills, and techniques which is capable of performing, or supporting performance of, an operational role and which requires an investment in research, design, test, and evaluation of not less than $50,000,000 or a total production investment of not less than $200,000,000. (2) The term "deferred ordering" means delaying the ordering of an item related to a contract until a need for such item is established and the requirements for such item can be specifically identified for delivery under such contract. (3) The term "technical d a t a " means, with respect to a major system, recorded data, regardless of form or characteristic, of a scientific or technical nature which is related to such system. SEC. 806. The President shall include in the budget for fiscal year 1978 a request for funds sufficient to meet the total operation and maintenance costs of the Department of Defense for such year, including reasonably foreseeable increases in both the private and public sectors in the cost of labor, material, and other goods and services.

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