PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1061 (2) by inserting after subsection (e) the following new subsection (f): " (f) EXCLUSION OF CERTAIN EXPENDITURES FROM PERCENTAGE LIMITATION.—(1) Amounts expended out of funds described in paragraph (2) for the performance of a depot-level maintenance and repair workload by non-Federal Government personnel at a Center of Industrial and Technical Excellence shall not be counted for purposes of applying the percentage limitation in section 2466(a) of this title if the personnel are provided by private industry or other entities outside the Department of Defense pursuant to a public-private partnership. "(2) The funds referred to in paragraph (1) are funds available to the military departments and Defense Agencies for depot-level maintenance and repair workloads for fiscal years 2002 through 2005. "(3) All funds covered by paragraph (1) shall be included as a separate item in the reports required under paragraphs (1), (2), and (3) of section 2466(e) of this title.". SEC. 343. PROTECTIONS FOR PURCHASERS OF ARTICLES AND SERV- ICES MANUFACTURED OR PERFORMED BY WORKING-CAP- ITAL FUNDED INDUSTRIAL FACILITIES OF THE DEPART- MENT OF DEFENSE. (a) GENERAL RULE. — Section 2563(c) of title 10, United States Code, is amended— (1) in paragraph (1)(B), by striking "in any case of willful misconduct or gross negligence" and inserting "as provided in paragraph (3)"; and (2) by adding at the end the following new paragraph: "(3) Paragraph (1)(B) does not apply in any case of willful misconduct or gross negligence or in the case of a claim by a purchaser of articles or services under this section that damages or injury arose from the failure of the Government to comply with quality, schedule, or cost performance requirements in the contract to provide the articles or services.". (b) CONFORMING AMENDMENT.— Section 2474(e)(2)(B)(i) of such title is amended by striking "in a case of willful conduct or gross negligence" and inserting "under the circumstances described in section 2563(c)(3) of this title". SEC. 344. REVISION OF DEADLINE FOR ANNUAL REPORT ON COMMER- CIAL AND INDUSTRIAL ACTIVITIES. Section 2461(g) of title 10, United States Code, is amended by striking "February 1" and inserting "June 30". SEC. 345. PILOT MANPOWER REPORTING SYSTEM IN DEPARTMENT OF 10 USC 2461 THE ARMY. note. (a) ANNUAL REPORTING REQUIREMENT. — Not later than March Deadline. 1 of each of the fiscal years 2002 through 2004, the Secretary of the Army shall submit to Congress a report describing the use during the previous fiscal year of non-Federal entities to provide services to the Department of the Army. (b) CONTENT OF REPORT. —Using information available from existing data collection and reporting systems available to the Department of the Army and the non-Federal entities referred to in subsection (a), the report shall—
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