Page:United States Statutes at Large Volume 99 Part 1.djvu/620

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PUBLIC LAW 99-000—MMMM. DD, 1985

99 STAT. 598

Ante, p. 596.

PUBLIC LAW 99-145—NOV. 8, 1985 this title until the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report describing the programs in which such reductions will be made in accordance with section 107 and the programs that are the source of the funds transferred under this title. SEC. 110. IMPROVEMENT IN CONVENTIONAL READINESS CAPABILITY

(a) SENSE OF CONGRESS.—It is the sense of Congress that the United States should place greater emphasis on the improvement of the capabilities of United States conventional forces, particularly in cooperation with other member nations of the North Atlantic Treaty Organization, and that such an improvement would reduce the threat of nuclear war. (b) INCREASED AUTHORIZATIONS FOR CONVENTIONAL CAPABILITY.—

Accordingly, authorizations of appropriations for programs to improve the conventional readiness capabilities of the Armed Forces in addition to the amounts requested in the President's budget for fiscal year 1986 have been included in the appropriate provisions of this Act, and similar emphasis on conventional defense capabilities is to be expected in future legislation authorizing appropriations for the Department of Defense. PART B—ARMY PROGRAM LIMITATIONS SEC. 121. SERGEANT YORK DIVISION AIR DEFENSE (DIVAD) GUN Contracts. Reports.

Report.

Report.

Report.

(a) LIMITATION ON FURTHER PROCUREMENT.—The Secretary of the

Army may not obligate funds to execute option III of the production contract for procurement of fire units of the Sergeant York Division Air Defense (DIVAD) Gun system or to enter into a new contract for production and assembly of that system until— (1) the initial production testing and the follow-on evaluation I are completed and the results of the testing and evaluation demonstrate that the Sergeant York System meets or exceeds the pass/fail criteria of the tests established jointly by the Secretary of the Army and the Secretary of Defense; (2) the Director of Operational Test and Evaluation of the Department of Defense submits to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a report giving the Director's evaluation of the results of such testing and evaluation; (3) the Secretary of Defense reports to those committees on the results of such testing and evaluation and certifies that such testing reliably demonstrates that the operational capabilities of the Sergeant York system meet or exceed the performance specifications of the contract; (4) the Secretary of the Army submits to those committees a report describing a contractor guarantee of the performance of the system described in subsection (b)(D; and (5) 30 days have elapsed after the report under paragraph (4) is received by those committees. (b) PERFORMANCE GUARANTEE.—(1) The guarantee of the contrac-

tor under subsection (a)(4) shall provide that each fire unit of the system shall operate in accordance with the performance specifications of the contract for the system for the maximum feasible duration and in any event for not less than one year. (2) The terms of a guarantee under this subsection shall be in addition to terms of any previous guarantee or warranty of the