Page:United States Statutes at Large Volume 108 Part 4.djvu/51

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PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2685 (1) $103,707,000 shall be available for Non-Developmental Alternative Aircraft procurement; and (2) $2,364,622,000 shall be available for the C-17 aircraft program, of which— (A) $2,168,614,000 is for procurement of six C-17 aircraft; (B) $189,900,000 is for advance procurement of up to eight C-17 aircraft for fiscal yoar 1996; and (C) $6,108,000 is for C-17 modifications. (b) REQUIREMENT FOR COMPETITION. — The Secretary of Defense shall use competitive procedures in selecting a source for the aircraft to be procured as Non-Developmental Alternative Aircraft under subsection (a). (c) NOTICE TO CONGRESS. —Funds described in subsection (a) Reports. may not be obligated for procurement under subsection (a) until 60 days after the date on which the Secretary of Defense submits to Congress a report describing the Secretary's plan for the obligation of those funds. (d) PRESERVATION OF INTERTHEATER AIRLIFT CAPACITY.— It is the sense of Congress that the Secretary of Defense, in acquiring aircraft using funds provided in accordance with subsection (a), should structure the acquisition of those aircraft so as to preserve the aggregate intertheater airlift capacity of the Air Force (measured in millions of ton-miles per day) as of the date of the enactment of this Act. SEC. 132. SETTLEMENT OF CLAIMS UNDER THE C-17 AIRCRAFT PRO- GRAM. (a) AUTHORIZATION FOR SUPPLEMENTAL AGREEMENTS AND CON- TRACT MODIFICATIONS.— (1) The Secretary of the Air Force may (subject to subsection (e)) enter into supplemental agreements and contract modifications pertaining to contracts specified in paragraph (2) in order to do any of the following: (A) Settle claims and disputes arising under those contracts as provided in the C-17 settlement agreement. (B) Revise the delivery schedules under those contracts as provided in the C-17 settlement agreement for the aircraft designated as T-1 and P-1 through P-6. (C) Revise range specifications, payload specifications, and other specifications under those contracts as provided in Attachment B to the letter (described in subsection (h)) setting forth the C-17 settlement agreement. (2) This section applies to the following contracts: (A) Air Force prime contract F33657-81-C-2108 (relating to the C-17 aircraft program). (B) Such other Air Force contracts relating to the C-17 aircraft program (entered into before, on, or after the date of the enactment of this Act) as the Secretary of the Air Force determines to be appropriate. (b) FURTHER CONSIDERATION FROM CONTRACTOR NOT REQUIRED. —The Secretary of the Air Force may enter into a supplemental agreement or contract modification under subsection (a) without requiring further consideration from the contractor for the benefit to be derived by the contractor under that agreement or modification only to the extent provided for in the C-17 settlement agreement.