DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR.

SEC. 355. DEFINITION 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.111 STAT. 1694 “(2) The term also does not include the procurement of parts for safety modifications. However, the term does include the installation of parts for that purpose.”. (b) Conforming Amendment.—Section 2469 of title 10, United States Code, is amended in subsections (a) and (b), by striking out “or repair” and inserting in lieu thereof “and repair”. (c) Clerical Amendments.—(1) The table of sections at the beginning of chapter 146 of title 10, United States Code, is amended by inserting before the item relating to section 2461 the following new item: “2460. Definition of depot-level maintenance and repair.”. (2) The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of such title are amended by striking out the item relating to chapter 146 and inserting in lieu thereof the following new item: “146. Contracting for Performance of Civilian Commercial or Industrial Type Functions 2460”.