PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1695 capabilities necessary to support fully the strategic and contingency plans referred to in paragraph (3). "(5) The commercial items covered by paragraph (3) are commercial items that have been sold or leased in substantial quantities to the general public and are purchased without modification in the same form that they are sold in the commercial marketplace, or with minor modifications to meet Federal Government requirements. "(b) LIMITATION ON CONTRACTING. — (1) Except as provided in paragraph (2), performance of workload needed to maintain a logistics capability identified by the Secretary under subsection (a)(2) may not be contracted for performance by non-Government personnel under the procedures and requirements of Office of Management and Budget Circular A-76 or any successor administrative regulation or policy (hereinafter in this section referred to as OMB Circular A-76). "(2) The Secretary of Defense may waive paragraph (1) in the case of any such logistics capability and provide that performance of the workload needed to maintain that capability shall be considered for conversion to contractor performance in accordance with OMB Circular A-76. Any such waiver shall be made xmder regulations prescribed by the Secretary and shall be based on a determination by the Secretary that Government performance of the workload is no longer required for national defense reasons. Such regulations shall include criteria for determining whether Government performeince of any such workload is no longer required for national defense reasons. "(3)(A) A waiver under paragraph (2) may not take effect until the expiration of the first period of 30 days of continuous session of Congress that begins on or after the date on which the Secretary submits a report on the waiver to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives. "(B) For the purposes of subparagraph (A)— "(i) continuity of session is broken only by an adjournment of Congress sine die; and "(ii) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session.". (b) CLERICAL AMENDMENT.— The item relating to such section at the beginning of chapter 146 of such title is amended to read as follows: "2464. Core logistics capabilities.". SEC. 357. DECREASE IN PERCENTAGE OF DEPOT-LEVEL MAINTENANCE AND REPAIR THAT MAY BE CONTRACTED FOR PERFORM- ANCE BY NON-GOVERNMENT PERSONNEL. Section 2466(a) of title 10, United States Code, is amended by striking out "40 percent" and inserting in lieu thereof "50 percent". SEC. 358. ANNUAL REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR. Subsection (e) of section 2466 of title 10, United States Code, is amended to read as follows:
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