Page:United States Statutes at Large Volume 112 Part 3.djvu/146

 112 STAT. 1976 PUBLIC LAW 105-261—OCT. 17, 1998 "(D) The Secretaries certification that the entire analysis is available for examination. "(E) A schedule for completing the change to performance of the function by the private sector. "(2) The change of the function to contractor performance may not begin until after the submission of the report required by this subsection.". (b) DEFINITION OF SMALL FUNCTION FOR WAIVER PURPOSES.— Subsection (d) of section 2461 of title 10, United States Code, is amended by striking out "20" and inserting in lieu thereof "50". (c) CONFORMING AMENDMENTS.—(1) Subsections (d) and (e) of section 2461 of title 10, United States Code, are amended by inserting "and subsection (g)" after "Subsections (a) through (c)". (2) Subsections (e)(2) and (f)(1) of such section are amended by striking out "converted" and inserting in lieu thereof "changed". (3) Subsection (f)(2) of such section is amended by striking out "conversion" and inserting in lieu thereof "change". 10 USC 2461 (d) EFFECTIVE DATE. —The amendments made by this section note. shall take effect on the date of the enactment of this Act, but the amendments shall not apply with respect to a conversion of a function of the Department of Defense to performance by a private contractor concerning which the Secretary of Defense provided to Congress, before the date of the enactment of this Act, a notification under paragraph (1) of section 2461(a) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act. SEC. 343. NOTIFICATIONS OF DETERMINATIONS OF MILITARY ITEMS AS BEING COMMERCIAL ITEMS FOR PURPOSES OF THE EXCEPTION TO REQUIREMENTS REGARDING CORE LOGISTICS CAPABILITIES. (a) REQUIREMENT. —Section 2464 of title 10, United States Code, is amended by adding at the end the following: "(c) NOTIFICATION OF DETERMINATIONS REGARDING CERTAIN COMMERCIAL ITEMS. —The first time that a weapon system or other item of military equipment described in subsection (a)(3) is determined to be a commercial item for the purposes of the exception contained in that subsection, the Secretary of Defense shall submit to Congress a notification of the determination, together with the justification for the determination. The justification for the determination shall include, at a minimum, the following: "(1) The estimated percentage of commonality of parts of the version of the item that is sold or leased in the commercial marketplace and the Government's version of the item. "(2) The value of any unique support and test equipment and tools that are necessary to support the military requirements if the item were maintained by the Government. "(3) A comparison of the estimated life cycle logistics support costs that would be incurred by the Government if the item were maintained by the private sector with the estimated life cycle logistics support costs that would be incurred by the Government if the item were maintained by the Government.". 10 USC 2464 (b) APPLICABILITY. —Subsection (c) of section 2464 of title 10, note. United States Code (as added by subsection (a)), shall apply with respect to determinations made after the date of the enactment of this Act.

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