PUBLIC LAW 103-160—NOV. 30, 1993 107 STAT. 1581 ville Navigation District agrees to hold the United States harmless for any claim arising with respect to the drydock after the convey- ance of the drydock other than as a result of use of the dock by the Navy pursuant to subsection (b) or an agreement under subsection (c). SEC. 158. SALES AUTHORrnr OF CERTAIN WORKING-CAPITAL FUNDED INDUSTRIAL FACILITIES OF THE ARMY. (a) IN GENERAL.—(1) Chapter 433 of title 10, United States Code, is amended by adding at the end the following new section: "§4543. Army industrial facilities: sales of manufactured articles or services outside Department of Defense
- (a) AUTHORITY TO SELL OUTSIDE DOD.— Regulations under
section 2208(h) of this title shall authorize a working-capital funded Army industrial facility (including a Department of the Army arsenal) that manufactures large caliber cannons, gun mounts, recoil mechanisms, ammunition, munitions, or components thereof to sell manufactured nondefense-related commercial articles or services to a person outside the Department of Defense if— "(1) in the case of an article, the article is sold to a United States manufacturer, assembler, developer, or other concern— "(A) for use in developing new products; "(B) for incorporation into items to be sold to, or to be used in a contract with, an agency of the United States; "(C) for incorporation into items to be sold to, or to be used in a contract with, or to be used for purposes of soliciting a contract with, a friendly foreign government; or
- (D) for use in commercial products;
(2) in the case of an article, the purchaser is determined by the Department of Defense to be qualified to carry out the proposed work involving the article to be purchased; "(3) the sale is to be made on a basis that does not interfere with performance of work by the facility for the Department of Defense or for a contractor of the Department of Defense; and (4) in the case of services, the services are related to an article authorized to be sold under this section and are to be performed in the United States for the purchaser. "(b) ADDITIONAL REQUIREMENTS. — The regulations shall also— "(1) require that the authority to sell articles or services under the regulations be exercised at the level of the commander of the msgor subordinate command of the Army with responsibility over the facility concerned; "(2) authorize a purchaser of articles or services to use advance incremental funding to pay for the articles or services; and "(3) in the case of a sale of commercial articles or commercial services in accordance with subsection (a) by a facility that manufactures large caliber cannons, gun mounts, or recoil mechanisms, or components thereof, authorize such facility— "(A) to charge the buyer, at a minimum, the variable costs that are associated with the commercial articles or commercial services sold;
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