123STA T . 2 408PUBLIC LA W 111 – 84 —O CT. 28 , 200 9oftheD e par t m e n t other than tho s e spe ci fie d in para g raph (1).SEC.815 .C LARIF ICA T I ON OF U NIFOR M SUS P ENSION AN D DE B ARMENT RE Q UIREMENT. S ection 245 5(c)(1) of the F edera lA c qu isition Streamlining Act of1 9 94( 3 1 U .S. C . 6 1 0 1 note) is amended by adding at the end the follo w ing
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‘Such term includes subcontracts at any tier , other than subcontracts for commercially a v ailable off - the-shelf items (as defined in section 35(c) of the O ffice of Federal P rocurement Policy Act (41 U.S.C. 431(c))), e x cept that in the case of a contract for commercial items, such term includes only first-tier subcontracts. ’ ’. SEC. 81 6 . E X TENSION OF AUT H ORIT Y FOR USE OF SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS. Section 4202 of the Clinger – Cohen Act of 1996 (division D of Public L aw 104–106
110 Stat. 652; 10 U.S.C. 2304 note) as amended by section 8 22 of the N ational Defense Authori z ation Act for Fiscal Y ear 2008 (Public Law 110–181; 122 Stat. 226) is amended in subsection (e) by stri k ing ‘‘2010’’ and inserting ‘‘2012’’. SEC. 81 7 . REPORTIN G REQUIREMENTS FOR PROGRAMS THAT QUALIFY AS BOTH MA J OR AUTOMATED INFORMATION SYSTEM PRO - GRAMS AND MAJOR DEFENSE ACQUISITION PROGRAMS. (a) INGE NE RAL . — Section 2445d of title 10, United States Code, is amended by striking ‘‘of this title’’ and all that follows and inserting ‘‘of this title, the Secretary may designate the program to be treated only as a ma j or automated information system pro- gram covered by this chapter or to be treated only as a major defense acquisition program covered by such chapter 144.’’. (b) G UID AN C E R E Q UIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance on the implementation of section 2445d of title 10, United States Code (as amended by subsection (a)). T he guid- ance shall provide that, as a general rule— (1) a program covered by such section that requires the development of customized hardware shall be treated only as a major defense acquisition program under chapter 144 of title 10, United States Code; and (2) a program covered by such section that does not require the development of customized hardware shall be treated only as a major automated information system program under chapter 144A of title 10, United States Code. SEC. 818. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS. (a) AU THO RIT Y TO M ODI F Y DEFINITION OF ‘‘S M ALL ARM S PRODUCTION INDUSTRIAL B ASE’’.—Section 24 7 3(c) of title 10, United States Code, is amended— (1) by striking ‘‘In this section’’ and inserting ‘‘(1) Subject to paragraph (2), in this section’’; and (2) by adding at the end the following new paragraph: ‘‘(2) After March 31, 2010, the Secretary of Defense may elimi- nate, modify, or add to the firms included in the small arms produc- tion industrial base, as defined in paragraph (1), as he determines appropriate to best ensure the competitive development, production, and maintenance of small arms for the Department of Defense.’’. (b) RE V IE W OF SMALL ARMS PRODUCTION INDUSTRIAL BASE.— 10USC24 4 5dnote.
