PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1693 the facilities that generated the economic incentives providing the basis for the amounts. (B) The total amount allocated under this paragraph in a fiscal year from sales of economic incentives may not equal or exceed $500,000. (3) If after crediting under paragraph (1) a balance remains in excess of an amount equal to the limitation set forth in paragraph (2)(B), the amount of the excess shall be covered over into the Treasury as miscellaneous receipts. (4) Funds credited under paragraph (1) or allocated under paragraph (2) shall be merged with the funds to which credited or allocated, as the case may be, and shall be available for the same purposes and for the same period as the funds with which merged. (d) DEFINITIONS. —In this section: (1) The term "base closure law" means the following: (A) Section 2687 of title 10, United States Code. (B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100- 526; 10 U.S.C. 2687 note). (C) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (2) The term "economic incentives for the reduction of emission of air pollutants" means any transferable economic incentives (including marketable permits and emission rights) necessary or appropriate to meet air quality requirements under the Clean Air Act (42 U.S.C. 7401 et seq.). Subtitle D—Depot-Level Activities SEC. 355. DEFINrriON OF DEPOT-LEVEL MAINTENANCE AND REPAIR. (a) DEPOT-LEVEL MAINTENANCE AND REPAIR DEFINED. —Chapter 146 of title 10, United States Code, is amended by inserting before section 2461 the following new section: "§ 2460. Definition of depot-level maintenance and repair "(a) IN GENERAL. —In this chapter, the term 'depot-level maintenance and repair' means (except as provided in subsection (b)) material maintenance or repair requiring the overhaul, upgrading, or rebuilding of parts, assemblies, or subassemblies, and the testing and reclamation of equipment as necessary, regardless of the source of funds for the maintenance or repair. The term includes (1) all aspects of software maintenance classified by the Department of Defense as of July 1, 1995, as depot-level maintenance and repair, and (2) interim contractor support or contractor logistics support (or any similar contractor support), to the extent that such support is for the performance of services described in the preceding sentence. "(b) EXCEPTIONS.— (1) The term does not include the procurement of major modifications or upgrades of weapon systems that are designed to improve program performance or the nuclear refueling of an aircraft carrier. A major upgrade program covered by this exception could continue to be performed by private or public sector activities.
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