RESTRICTION ON OBLIGATION OF FUNDS FOR PROCUREMENT OF BINARY CHEMICAL MUNITIONS

SEC. 171. RESTRICTION ON OBLIGATION OF FUNDS FOR PROCUREMENT OF BINARY CHEMICAL MUNITIONS (a) 155-Millimeter Binary Chemical Munitions.—None of the funds appropriated or otherwise made available for fiscal year 1990 for procurement of ammunition for the Army may be used for production of 155-millimeter binary chemical munition M687 projectiles until— (1) the Secretary of the Army submits to the congressional defense committees a certification described in subsection (b); and (2) a period of two weeks elapses after the date on which such certification is received. (b) Required Certification.—A certification by the Secretary of the Army under subsection (a) must state— (1) that, based on deliveries of M20 plastic, M20 steel, and M21 components of the M687 projectile accepted by the Government from the incumbent contractor— (A) the incumbent contractor has demonstrated monthly delivery rates of those components sufficient to eliminate before October 1, 1990, the production backlog of all those components for the M687 rounds authorized for production for fiscal years 1986, 1987, and 1988; (B) the components and rounds for which delivery has been accepted conform to the contract specifications at the time that the Government entered into the contract; and 103 STAT. 1392 (C) the incumbent contractor has sustained those monthly delivery rates for such components for a period of not less than three consecutive months; and (2) that the new production lines at Pine Bluff Arsenal, Arkansas, for the production of chemicals for the M687 projectile have been proven out and the Secretary of the Army has formally accepted the facility housing those production lines. (c) Monthly GAO Reports.—Not later than February 1, 1990, and not later than the first day of each month thereafter, the Comptroller General of the United States shall submit to the congressional defense committees a report on the previous month’s production rate for the M20 plastic, M20 steel, and M21 components of the M687 projectile and on the status of the production backlog for fiscal years 1986, 1987, and 1988 for those components. The Comptroller General shall continue submitting such reports until he certifies to those committees either that the production backlog for those components has been eliminated or that production of the components has been terminated. (d) Final GAO Certification.—Not later than two weeks after a certification is submitted under subsection (a), the Comptroller General of the United States shall submit to the congressional defense committees a report containing the Comptroller General’s assessment of whether the monthly delivery rates referred to in subsection (b)(1) demonstrate that there are reasonable grounds to believe that the incumbent contractor will continue to deliver at those monthly rates in order to eliminate the backlog of deliveries by October 1, 1990. (e) Exception for Certain Long-Lead Materials.—The limitation in subsection (a) shall not apply with respect to the obligation of funds (not in excess of $2,000,000) for long-term lead materials to support procurement of plastics for cannister production for the M687 projectile.