118 STAT. 1861 PUBLIC LAW 108–375—OCT. 28, 2004 non Army entity pursuant to a cooperative arrangement entered into under subsection (a). ‘‘(h) RELATIONSHIP TO OTHER LAWS.—Nothing in this section shall be construed to affect the application of— ‘‘(1) foreign military sales and the export controls provided for in sections 30 and 38 of the Arms Export Control Act (22 U.S.C. 2770 and 2778) to activities of a cooperative arrange ment entered into under subsection (a); and ‘‘(2) section 2667 of this title to leases of non excess property in the administration of such an arrangement. ‘‘(i) DEFINITIONS.—In this section: ‘‘(1) The term ‘Army industrial facility’ includes an ammunition plant, an arsenal, a depot, and a manufacturing plant. ‘‘(2) The term ‘non Army entity’ includes the following: ‘‘(A) A Federal agency (other than the Department of the Army). ‘‘(B) An entity in industry or commercial sales. ‘‘(C) A State or political subdivision of a State. ‘‘(D) An institution of higher education or vocational training institution. ‘‘(3) The term ‘incremental funding’ means a series of par tial payments that— ‘‘(A) are made as the work on manufacture or articles is being performed or services are being performed or equip ment or facilities are used, as the case may be; and ‘‘(B) result in full payment being completed as the required work is being completed. ‘‘(4) The term ‘full costs’, with respect to articles or services provided under a cooperative arrangement entered into under subsection (a), means the variable costs and the fixed costs that are directly related to the production of the articles or the provision of the services. ‘‘(5) The term ‘variable costs’ means the costs that are expected to fluctuate directly with the volume of sales or serv ices provided or the use of equipment or facilities. ‘‘(j) EXPIRATION OF AUTHORITY.—The authority to enter into a cooperative arrangement under subsection (a) expires September 30, 2009, and arrangements entered into under such subsection shall terminate not later than that date.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin ning of such chapter is amended by adding at the end the following new item: ‘‘4544. Army industrial facilities: cooperative activities with non Army entities.’’. SEC. 354. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL PROPERTY TO ASSIST FIREFIGHTING AGENCIES. Section 2576b of title 10, United States Code, is amended— (1) in subsection (a), by striking ‘‘may’’ and inserting ‘‘shall’’; and (2) in subsection (b), by striking ‘‘may’’ and inserting ‘‘shall’’.
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