123STA T . 22 5 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.324 . MODIF IC AT IO N OFA U T H O R IT Y FOR ARMY INDUSTRIA L FACILITIES TO EN G AGE IN COO P ERATI V E ACTIVITIES W ITH NON - ARMY ENTITIES. (a)CLARIF I C A T I ON OF AU T H ORIT Y TO E NT E R I NTO COO P ERATI V E A G REE M ENT S.—Thes e cond sen t ence o f sect i on 45 44(a) of tit l e 10,U nited S tates Code, as added by section 328 (a)(1) of the N ational D efense A u tho r i z ation Act for F iscal Y ear 2008 ( P ublic L a w 110 – 181
122 Stat. 6 6),isa m ended by insertin g after ‘ ‘not more than eight contracts or coo p erati v e agreements ’ ’ the following
‘‘in addi - tion to the contracts and cooperative agreements in place as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181)’’. (b) A D DITIONAL ELEMENTS R E Q UIRED FOR ANALYSIS OF USE OF AUTHORITY.—Section 328(b)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 6 7 ) is amended— (1) by stri k ing ‘‘a report assessing the advisability’’ and inserting the following: ‘‘a report— ‘‘(A) assessing the advisability’’; and (2) by striking ‘‘pursuant to such authority.’’ and inserting the following: ‘‘pursuant to such authority; ‘‘( B ) assessing the benefit to the Federal G overnment of using such authority; ‘‘(C) assessing the impact of the use of such authority on the availability of facilities needed by the Army and on the private sector; and ‘‘(D) describing the steps taken to comply with the re q uirements under section 4544(g) of title 10, United States Code.’’. SEC. 32 5 . TEMPORARY SUSPENSION OF PU B LIC-PRIVATE COMPETI- TIONS FOR CONVERSION OF DEPARTMENT OF DEFENSE FUNCTIONS TO PERFORMANCE BY A CONTRACTOR. (a) TEMPORARY SUSPENSION.—During the period beginning on the date of the enactment of this Act and ending on the date that is 30 days after the date on which the Secretary of Defense submits to the congressional defense committees the certification required under subsection (d), no study or competition regarding a public-private competition for the conversion to performance by a contractor for any function performed by Department of Defense civilian employees may be begun or announced pursuant to 2461 of title 10, United States Code, or otherwise pursuant to O ffice of M anagement and Budget Circular A-76. (b) REVIE W AND REPORT TO CONGRESS.—During fiscal year 2010, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel Readiness, in consultation with the Under Secretary for Acquisition, Technology, and Logistics and the Comp- troller of the Department of Defense, shall undertake a comprehen- sive review of the policies of the Department of Defense with respect to the conduct of public-private competitions. The Secretary shall submit to the congressional defense committees a report on such review not earlier than J une 15, 2010. The review, at a minimum, shall address— (1) the status of the compliance of the Department with the requirement of 2461(a)(1) of title 10, United States Code, as amended by section 321 of this Act; Timep e r i od.10USC45 44 n o t e.
