Page:United States Statutes at Large Volume 114 Part 3.djvu/105

 PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-63 of public-private partnerships and the achievement of the objectives set forth in paragraph (2).". (c) PRIVATE SECTOR USE OF EXCESS CAPACITY.—Such section is further amended— (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection (c): "(c) PRIVATE SECTOR USE OF EXCESS CAPACITY.— Any facilities or equipment of a Center of Industrial and Technical Excellence made available to private industry may be used to perform maintenance or to produce goods in order to make more efficient and economical use of Government-owned industrial plants and encourage the creation and preservation of jobs to ensure the availability of a workforce with the necessary manufacturing and maintenance skills to meet the needs of the armed forces.". (d) CREDITING OF AMOUNTS FOR PERFORMANCE.— Subsection (d) of such section, as redesignated by subsection (c)(2), is amended by adding at the end the following new sentences: "Consideration in the form of rental payments or (notwithstanding section 3302(b) of title 31) in other forms may be accepted for a use of property accountable under a contract performed pursuant to this section. Notwithstanding section 2667(d) of this title, revenues generated pursuant to this section shall be available for facility operations, maintenance, and environmental restoration at the Center where the leased property is located.". (e) AVAILABILITY OF EXCESS EQUIPMENT TO PRIVATE-SECTOR PARTNERS.— Such section is further amended by adding at the end the following new subsections: "(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRIVATE-SECTOR PARTNERS. —Equipment or facilities of a Center of Industrial and Technical Excellence may be made available for use by a privatesector entity under this section only if— "(1) the use of the equipment or facilities will not have a significant adverse effect on the readiness of the armed forces, as determined by the Secretary concerned or, in the case of a Center in a Defense Agency, by the Secretary of Defense; and "(2) the private-sector entity agrees— "(A) to reimburse the Department of Defense for the direct and indirect costs (including any rental costs) that are attributable to the entity's use of the equipment or facilities, as determined by that Secretary; and "(B) to hold harmless and indemnify the United States from— "(i) any claim for damages or injury to any person or property arising out of the use of the equipment or facilities, except in a case of willful conduct or gross negligence; and "(ii) any liability or claim for damages or injury to any person or property arising out of a decision by the Secretary concerned or the Secretary of Defense to suspend or terminate that use of equipment or facilities during a war or national emergency. "(f) CONSTRUCTION OF PROVISION. — Nothing in this section may be construed to authorize a change, otherwise prohibited by law,

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