PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 239 those authorized under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n); "(B) that affords to United States-owned companies local investment opportunities comparable to those afforded to any other company; and "(C) that affords adequate and effective protection for the intellectual property rights of United States-owned companies.". SEC. 272. ENHANCED FffiER OPTIC GUIDED MISSILE (EFOG-M) SYS- TEM. (a) LIMITATIONS. —(1) The Secretary of the Army may not obligate more than $280,000,000 (based on fiscal year 1995 constant dollars) to develop and deliver for test and evaluation by the Army the following items: (A) 44 enhanced fiber optic guided test missiles. (B) 256 fully operational enhanced fiber optic guided missiles. (C) 12 fully operational fire units. (2) The Secretary of the Army may not spend funds for the enhanced fiber optic guided missile (EFOG-M) system after September 30, 1998, if the items described in paragraph (1) have not been delivered to the Army by that date and at a cost not greater than the amount set forth in paragraph (1). (3) The Secretary of the Army may not enter into an advanced development phase for the EFOG-M system unless— (A) an advanced concept technology demonstration of the system has been successfully completed; and (B) the Secretary certifies to the congressional defense committees that there is a requirement for the EFOG—M system that is supported by a cost and operational effectiveness analy- sis. (b) GOVERNMENT-FURNISHED EQUIPMENT.— The Secretary of the Army shall ensure that all Government-furnished equipment that the Army agrees to provide under the contract for the EFOG— M system is provided to the prime contractor in accordance with the terms of the contract. SEC. 273. STATES ELIGIBLE FOR ASSISTANCE UNDER DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH. Subparagraph (A) of section 257(d)(2) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2705; 10 U.S.C. 2358 note) is amended to read as follows: "(A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to Vso of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be (to be determined in consultation with the Secretary of Defense);".
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