115 STAT. 1060 PUBLIC LAW 107-107—DEC. 28, 2001 "(A) the Secretary of Defense to procure that particular brand of food, exclusive of other brands of the same or similar food, for the purpose of providing the food in commissary stores of the Department of Defense as a supplemental food under the program; and "(B) the producer to rebate to the Secretary amounts equal to agreed portions of the amounts paid by the Secretary for the procurement of that particular brand of food for the program. "(2) The Secretary of Defense shall use competitive procedures under chapter 137 of this title to enter into contracts under this subsection. "(3) The period covered by a contract entered into under this subsection may not exceed one year. No such contract may be extended by a modification of the contract, by exercise of an option, or by any other means. Nothing in this paragraph prohibits a contractor under a contract entered into under this subsection for any year from submitting an offer for, and being awarded, a contract that is to be entered into under this subsection for a successive year. "(4) Amounts rebated under a contract entered into under paragraph (1) shall be credited to the appropriation available for carrying out the program under this section in the fiscal year in which rebated, shall be merged with the other sums in that appropriation, and shall be available for the program for the same period as the other sums in the appropriation.". SEC. 335. CIVIL RECOVERY FOR NONAPPROPRIATED FUND INSTRU- MENTALITY COSTS RELATED TO SHOPLIFTING. Section 3701(b)(1)(B) of title 31, United States Code, is amended by inserting before the comma at the end the following: ", including actual and administrative costs related to shoplifting, theft detection, and theft prevention". Subtitle D—Workforce and Depot Issues Notification. SEC. 341. REVISION OF AUTHORITY TO WAIVE LIMITATION ON PER- FORMANCE OF DEPOT-LEVEL MAINTENANCE. Section 2466 of title 10, United States Code, is amended— (1) by striking subsection (c); and (2) by inserting after subsection (a) the following new subsections: "(b) WAIVER OF LIMITATION. — The Secretary of Defense may waive the limitation in subsection (a) for a fiscal year if— "(1) the Secretary determines that the waiver is necessary for reasons of national security; and "(2) the Secretary submits to Congress a notification of the waiver together with the reasons for the waiver. "(c) PROHIBITION ON DELEGATION OF WAIVER AUTHORITY.— The authority to grant a waiver under subsection (b) may not be delegated.". SEC. 342. EXCLUSION OF CERTAIN EXPENDITURES FROM LIMITATION ON PRIVATE SECTOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE. Section 2474 of title 10, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and
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