Pub. L. 105-261, div. A, tit. VIII, subtit. A, sec. 809
AMENDMENTS AND STUDY RELATING TO PROCUREMENT FROM FIRMS IN INDUSTRIAL BASE FOR PRODUCTION OF SMALL ARMS.
SEC. 809. AMENDMENTS AND STUDY RELATING TO PROCUREMENT FROM FIRMS IN INDUSTRIAL BASE FOR PRODUCTION OF SMALL ARMS. (a) Requirement To Limit Procurements to Certain Sources.— subsection (a) of section 2473 of title 10, United States Code, is amended— (1) in the heading, by striking out the first word and inserting in lieu thereof “Requirement;” (2) by striking out “To the extent that the Secretary of Defense determines necessary to preserve the small arms production industrial base, the Secretary may” and inserting in lieu thereof “In order to preserve the small arms production industrial base, the Secretary of Defense shall”; and (3) by inserting before the period at the end the following: “, unless the Secretary determines, with regard to a particular procurement, that such requirement is not necessary to preserve the small arms production industrial base”. (b) Specification of Included Repair Parts.— subsection (b) of such section is amended in paragraph (1) by inserting before the period the following: “, including repair parts consisting of barrels, receivers, and bolts”. (c) Applicability of Requirement.— Such section is further amended— 112 STAT. 2086 (1) in subsection (b), by striking out “subsection” and inserting in lieu thereof “Subject to subsection (d), subsection”; and (2) by adding at the end the following new subsection: “(d) Applicability.— This section applies only to procurements of covered property and services involving the following small arms: “(1) M16 series rifle. “(2) MK19 grenade machine gun. “(3) M4 series carbine. “(4) M240 series machine gun. “(5) M249 squad automatic weapon.”. (d) Submission of Certified Cost or Pricing Data.— Such section is further amended by adding at the end the following new subsection: “(e) Submission of Certified Cost or Pricing Data.— If a procurement under subsection (a) is a procurement of a commercial item, the Secretary may, notwithstanding section 2306a(b)(1)(B)of this title, require the submission of certified cost or pricing data under section 2306a(a) of this title.”. (e) Study.— Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall conduct a study, to be carried out by the Army Science Board, to examine whether the requirements of section 2473 of title 10, United States Code, should be extended to small arms (as specified in subsection (d) of such section) and the parts manufactured under a contract with the Department of Defense to produce such small arms. (f) Authority to Extend Requirements of Section 2473.— Based upon recommendations of the Army Science Board resulting from the study conducted under subsection (e), the Secretary of the Army may apply the requirements of section 2473 of title 10, United States Code, to the small arms and parts referred to in subsection (e).