Page:United States Statutes at Large Volume 105 Part 2.djvu/460

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105 STAT. 1412 PUBLIC LAW 102-190—DEC. 5, 1991 (1) The term "Operation Desert Storm" has the meaning given such term in section 3(1) of the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 (Public Law 102-25; 105 Stat. 77; 10 U.S.C. 101 note). (2) The term "Persian Gulf conflict" has the meaning given such term in section 3(3) of such Act. TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS PART A—ACQUISITION PROCESS SEC. 801. REPEAL OF MANPOWER ESTIMATES REPORTING REQUIRE- MENT. (a) REPEAL.—Section 2434 of title 10, United States C!ode, is Eunended by striking out "unless—" in subsection (a) and all that follows in that subsection and inserting in lieu thereof the following: "unless an independent estimate of the cost of the program, together with a manpower estimate, has been considered by the Secretary.". (b) CONFORMING AMENDMENTS. — (1) Section 2434 of such title is further amended— (A) by striking out subsection (b); and (B) by redesignating subsection (c) as subsection (b). (2) Section 2432 of such title is amended in subsection (a)(4) by striking out "2434(c)(2)" and inserting in lieu thereof "2434a)X2)'\ SEC. 802. PAYMENT OF COSTS OF CONTRACTORS FOR INDEPENDENT RE- SEARCH AND DEVELOPMENT AND FOR BIDS AND PROPOSALS. (a) IN GENERAL. —(1) Section 2372 of title 10, United States Code, is amended to read as follows: "§ 2372. Independent research and development and bid and proposal costs: payments to contractors "(a) REGULATIONS.—The Secretary of Defense shall prescribe regulations governing the payment, by the Department of Defense, of expenses incurred by contractors for independent research and development and bid and proposal costs. "(b) COSTS ALLOWABLE AS INDIRECT EXPENSES.— The regulations prescribed pursuant to subsection (a) shall provide that independent research and development and bid and proposal costs shall be allowable as indirect expenses on covered contracts to the extent that those costs are allocable, reasonable, and not otherwise unallowable by law or under the Federal Acquisition Regulation. "(c) ADDITIONAL CONTROLS. — Subject to subsection (f), the regulations prescribed pursuant to subsection (a) may include the following provisions: "(1) A limitation on the allowability of independent research and development and bid and proposal costs to work which the Secretary of Defense determines is of potential interest to the Department of Defense. (2) For each of fiscal years 1993 through 1995, a limitation in the case of major contractors that the total amount of the independent research and development and bid and proposal costs that are allowable as expenses of the contractor's covered segments may not exceed the contractor's adjusted maximum reimbursement amount. "(3) Implementation of regular methods for transmission—