113 STAT. 534 PUBLIC LAW 106-65—OCT. 5, 1999 (2) a period of 30 continuous days of a Congress (as determined under subsection (d)) elapses after the submission of that certification. (c) REQUIRED CERTIFICATION.— A certification referred to in subsection (b)(1) is a certification by the Secretary of Defense of each of the following: (1) That the results of the Operational Test and Evaluation program for the F/A-18E/F aircraft indicate— (A) that the aircraft; is operationally effective and operationally suitable; and (B) that the F/A-18E and the F/A-18F variants of that aircraft both meet their respective key performance parameters as established in the Operational Requirements Document (ORD) for the F/A-18E^ program, as validated and approved by the Chief of Naval Operations on April 1, 1997 (other than for a permissible deviation of not more than 1 percent with respect to the range performance parameter). (2) That the cost of procurement of the F/A-18E/F aircraft using a multiyear procurement contract as authorized by subsection (a), assuming procurement of 222 aircraft, is at least 7.4 percent less than the cost of procurement of the same number of aircraft through annual contracts. (d) CONTINUITY OF CONGRESS. —For purposes of subsection (b)(2)— (1) the continuity of a Congress is broken only by an adjournment of the Congress sine die at the end of the final session of the Congress; and (2) any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain, or because of an adjournment sine die at the end of the first session of a Congress, shall be excluded in the computation of such 30-day period. SEC. 122. ARLEI6H BURKE CLASS DESTROYER PROGRAM. (a) AUTHORITY FOR MULTIYEAR PROCUREMENT OF 6 ADDITIONAL VESSELS. —(1) Subsection (b) of section 122 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446) is amended in the first sentence— (A) by striking "12 Arleigh Burke class destroyers" and inserting "18 Arleigh Burke class destroyers"; and (B) by striking "and 2001" and inserting "2001, 2002, and 2003". (2) The heading for such subsection is amended by striking "TWELVE" and inserting "18". (b) FISCAL YEAR 2001 ADVANCE PROCUREMENT.—(1) Subject to paragraphs (2) and (3), the Secretary of the Navy is authorized, in fiscal year 2001, to enter into contracts for advance procurement for the Arleigh Burke class destroyers that are to be constructed under contracts entered into after fiscal year 2001 under section 122(b) of Public Law 104-201, as amended by subsection (a)(1). (2) The authority to contract for advance procurement under paragraph (1) is subject to the availability of funds authorized and appropriated for fiscal year 2001 for that purpose in Acts enacted after September 30, 1999. (3) The aggregate amount of the contracts entered into under paragraph (1) may not exceed $371,000,000.
�
