Page:United States Statutes at Large Volume 102 Part 2.djvu/1004

 102 STAT. 2008 10 USC 2330 "ote-

Reports.

Reports.

PUBLIC LAW 100-456—SEPT. 29, 1988

(b) ADVISORY COMMIITEE ON STUDY METHODOLOGY.—(1) The Secretary of Defense shall appoint, in accordance with paragraph (3), an advisory committee consisting of five members for the purpose of recommending to the Secretary a financial analysis methodology for any return on investment study conducted by the Secretary. (2) In recommending a financial analysis methodology under paragraph (1), the advisory committee shall provide recommendations on the desirability of using separate calculations for— (A) the return on sissets; (B) the return on sales; (C) capital-to-labor ratios; (D) asset turnover; (E) total investment in research and development; and (F) such other measures of rate of return on investment as the Secretary determines to be appropriate. (3) Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall appoint the members of the committee, with representation from both the public and private sectors. (4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee appointed under this subsection. (5) Not later than November 1, 1989, the advisory committee shall submit to the Secretary of Defense a report containing the financial analysis methodology recommended for use in the conduct of the study referred to in paragraph (1). The committee shall cease to exist 90 days after submission of its report. (6) Not later than 90 days after receipt of the report from the advisory committee, the Secretary of Defense shall transmit the report to Congress, together with the Secretary's views on the committee's report. SEC. 802. COMPETITIVE PROTOTYPE STRATEGIES

Section 2365 of title 10, United States Code, is amended by adding at the end the following new subsection: "(e) TERMINATION.—This section shall cease to be effective on September 30, 1991.". SEC. 803. DELEGATION OF AUTHORITY TO APPROVE CERTAIN CONTRACT JUSTIFICATIONS

Section 2304(f) of title 10, United States Code, is amended— (1) in pargigraph (IXBXii), by striking out "or a delegate" and all that follows through the semicolon and inserting in lieu thereof "(or the head of the procuring activity's delegate designated pursuant to paragraph (6)(A));"; (2) in paragraph (IXBXiii), by inserting "or in the case of the Under Secretary of Eiefense for Acquisition, acting in his capacity as the senior procurement executive for the Department of Defense,' the Under Secretary's delegate designated pursuant to paragraph (6)(B)" after "(without further delegation); and (3) by adding at the end the following: "(6)(A) The authority of the head of a procuring activity under paragraph (IXBXii) may be delegated only to an officer or employee who— "(i) if a member of the armed forces, is a general or flag officer; or "(ii) if a civilian, is serving in a position with a grade under the General Schedule (or any other schedule for civilian officers

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