Page:United States Statutes at Large Volume 114 Part 3.djvu/261

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PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-219 (1) The term "performance-based", with respect to a contract, a task order, or contracting, means that the contract, task order, or contracting, respectively, includes the use of performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable outcomes. (2) The term "commercial item" has the meaning given the term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)). (3) The term "Defense Agency" has the meaning given the term in section 101(a)(ll) of title 10, United States Code. SEC. 822. FINANCIAL ANALYSIS OF USE OF DUAL RATES FOR QUAN- TIFYING OVERHEAD COSTS AT ARMY AMMUNITION PLANTS. (a) REQUIREMENT FOR ANALYSIS. —The Secretary of the Army shall carry out a financial analysis of the costs that would be incurred and the benefits that would be derived from the implementation of a policy of using— (1) one set of rates for quantifying the overhead costs associated with Government-owned ammunition plants of the Department of the Army when allocating those costs to contractors operating the plants; and (2) another set of rates for quantifying the overhead costs to be allocated to the operation of such plants by employees of the United States. (b) REPORT. — Not later than February 15, 2001, the Secretary shall submit to the congressional defense committees a report on the results of the analysis carried out under subsection (a). The report shall include the following: (1) The costs and benefits identified in the analysis under subsection (a). (2) The risks to the United States of implementing a dualrate policy described in subsection (a). (3) The effects that a use of dual rates under such a policy would have on the defense industrial base of the United States. SEC. 823. REPEAL OF PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR PROCUREMENT OF NUCLEAR- CAPABLE SHIPYARD CRANE FROM A FOREIGN SOURCE. Section 8093 of the Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1253), is amended by striking subsection (d), relating to a prohibition on the use of Department of Defense funds to procure a nuclear-capable shipyard crane from a foreign source. SEC. 824. EXTENSION OF WAIVER PERIOD FOR LIVE-FIRE SURVIV- ABILITY TESTING FOR MH-47E AND MH-60K HELICOPTER MODIFICATION PROGRAMS. (a) EXISTING WAIVER PERIOD NOT APPLICABLE. —Section 2366(c)(1) of title 10, United States Code, shall not apply with respect to survivability and lethality tests for the MH-47E and MH-60K helicopter modification programs. Except as provided in the previous sentence, the provisions and requirements in section 2366(c) of such title shall apply with respect to such programs, and the certification required by subsection (b) shall comply with the requirements in paragraph (3) of such section.