107 STAT. 1722 PUBLIC LAW 103-160—NOV. 30, 1993 relevant to weapons or weapon systems proposed to be acquired or developed by the Department of Defense. (b) EXERCISE OF AUTHORITY.—(1) Subsections (c)(2) and (c)(3) of such section 2371, as redesignated by section 827(b)(l)(B), shall not applyto projects carried out under subsection (a). (2) The Director shall, to the maximum extent practicable, use competitive procedures when entering into agreements to carry out projects under subsection (a). (c) PERIOD OF AUTHORITY.— The authority of the Director to carry out projects under subsection (a) shall terminate 3 years after the date of the enactment of this Act. SEC. 846. DfPROVEMENT OF PRICING POUCIES FOR USE OF MAJOR RANGE AND TEST FACILITY INSTALLATIONS OF THE MHJ. TARY DEPARTMENTS. (a) IN GENERAL. —Chapter 159 of title 10, United States Code, is amended by inserting after section 2680 the following new section:
- § 2681. Use of test and evaluation installations by commercial entities
"(a) CONTRACT AUTHORITY.— The Secretary of Defense may enter into contracts with commercial entities that desire to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation.
- (b) TERMINATION OR LIMITATION OF CONTRACT UNDER CERTAIN
CIRCUMSTANCES.— A contract entered into under subsection (a) shall contain a provision that the Secretary of Defense may terminate, prohibit, or suspend immediately any commercial test or evaluation activity to be conducted at the Msyor Rsjige and Test Facility Installation under the contract if the Secretary of Defense certifies in writing that the test or evaluation activity is or would be detrimentol— "(1) to the public health and safety;
- (2) to property (either public or private); or
"(3) to any national security interest or foreign policy interest of the United States.
- (c) CONTRACT PRICE. —^A contract entered into under subsection
(a) shall include a provision that requires a commercial entity using a Major Range and Test Facility Installation under the contract to reimburse the Department of Defense for all direct costs to the United States that are associated with the test and evaluation activities conducted by the commercial entity under the contract. In addition, the contract may include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs related to the use of the installation as the Secretary of Defense considers to be appropriate. The Secretary ma^r delegate to the commander of the M^or Range and Test Facility Installation the authority to determine the appropriateness of the amount of indirect costs included in such a contract provision. " (d) RETENTION OF FUNDS COLLECTED FROM COMMERCIAL USERS. —Amounts collected under subsection (c) from a commercial entity conducting test and evaluation activities at a Major Range and Test Facility Installation shall be credited to the appropriation accounts under which the costs associated with the test and evaluation activities of the commercial entity were incurred. "(e) REGULATIONS AND LIMITATIONS.—The Secretary of Defense shall prescribe regulations to carry out this section.
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