Page:United States Statutes at Large Volume 107 Part 2.djvu/632

 107 STAT. 1582 PUBLIC LAW 103-160—NOV. 30, 1993 "(B) to enter into a firm, fixed-price contract or, if agreed by the buyer, a cost reimbursement contract for the sale; and ''(C) to develop and maintain (from sources other than appropriated funds) working capital to be available for paying design costs, planning costs, procurement costs, and other costs associated with the commercial articles or commercial services sold. "(c) RELATIONSHIP TO ARMS EXPORT CONTROL ACT. —Nothing in this section shall be construed to affect the application of the export controls provided for in section 38 of the Arms Export Control Act (22 U.S.C. 2778) to items which incorporate or are produced through the use of an article sold under this section. "(d) DEFINITIONS.— In this section: "(1) The term 'commercial article' means an article that is usable for a nondefense purpose. "(2) The term 'commercial service' means a service that is usable for a nondefense purpose. "(3) The term 'advance incremental funding*, with respect to a sale of articles or services, means a series of partial payments for the articles or services that includes— "(A) one or more partial payments before the commencement of work or the incurring of costs in connection with the production of the articles or the performance of the services, as the case may be; and "(B) subsequent progress payments that result in full payment being completed as the required work is being completed. "(4) The term 'variable costs', with respect to sales of articles or services, means the costs that are expected to fluctuate directly with the volume of sales and— "(A) in the case of articles, the volume of production necessary to satisfy the sales orders; or "(B) in the case of services, the extent of the services sold. ". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "4543. Army industrial facilities: sales of manufactured articles or services outside Department of Defense.". (b) CONFORMING AMENDMENT.— Subsection (i) of section 2208 10 USC 2208. of such title is amended to read as follows: "(i) For provisions relating to sales outside the Department of Defense of manufactured articles and services by a workingcapital funded Army industrial facility (including a Department of the Army arsenal) that manufactures large caliber cannons, gun mounts, recoil mechanisms, ammunition, munitions, or components thereof, see section 4543 of this title.". 10 USC 4543 (c) DEADLINE FOR REGULATIONS.— Regulations \mder subsection "ote. (b) of section 4543 of title 10, United States Code, as added by subsection (a), shall be prescribed not later than 30 days after the date of the enactment of this Act. SEC. 159. SPACE-BASED MISSILE WARNING AND SURVEILLANCE PRO- GRAMS. (a) AMOUNT FOR PROGRAMS.—Of the amounts authorized to be appropriated by section 104, not to exceed $801,900,000 shall

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