Page:United States Statutes at Large Volume 111 Part 2.djvu/752

 Ill STAT. 1832 PUBLIC LAW 105-85—NOV. 18, 1997 of an agency determines that the waiver is necessary in order to support any of the following operations: "(A) A contingency operation. "(B) A humanitarian or peacekeeping operation.", (b) HUMANITARIAN OR PEACEKEEPING OPERATION DEFINED. — Section 2302(7) of such title is amended— (1) by striking out "(7)(A)" and inserting in lieu thereof "(7)"; and (2) by striking out "(B) In subparagraph (A), the" and inserting in lieu thereof "(8) The". SEC. 804. LIMITATION AND REPORT ON PAYMENT OF RESTRUCTURING COSTS UNDER DEFENSE CONTRACTS. (a) IN GENERAL. —(1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2324 the following new section: '*§ 2325. Restructuring costs "(a) LIMITATION ON PAYMENT OF RESTRUCTURING COSTS.—(1) The Secretary of Defense may not pay, under section 2324 of this title, a defense contractor for restructuring costs associated with a business combination of the contractor unless the Secretary determines in writing either— "(A) that the amount of projected savings for the Department of Defense associated with the restructuring will be at least twice the amount of the costs allowed; or "(B) that the amount of projected savings for the Department of Defense associated with the restructuring will exceed the amount of the costs allowed and that the business combination will result in the preservation of a critical capability that otherwise might be lost to the Department. "(2) The Secretary may not delegate the authority to make a determination under paragraph (1) to an official of the Department of Defense below the level of an Assistant Secretary of Defense. "(b) REPORT. — Not later than March 1 in each of 1998, 1999, 2000, 2001, and 2002, the Secretary of Defense shall submit to Congress a report that contains, with respect to business combinations occurring on or after August 15, 1994, the following: "(1) For each defense contractor to which the Secretary has paid, under section 2324 of this title, restructuring costs associated with a business combination, a summary of the following: "(A) An estimate of the amount of savings for the Department of Defense associated with the restructuring that has been realized as of the end of the preceding calendar year. "(B) An estimate of the amount of savings for the Department of Defense associated with the restructuring that is expected to be achieved on defense contracts. "(2) An identification of any business combination for which the Secretary has paid restructuring costs under section 2324 of this title during the preceding calendar year and, for each such business combination— "(A) the supporting rationale for allowing such costs;

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