Page:United States Statutes at Large Volume 119.djvu/3389

 PUBLIC LAW 109–163—JAN. 6, 2006

119 STAT. 3371

‘‘§ 2379. Requirement for determination by Secretary of Defense and notification to Congress before procurement of major weapon systems as commercial items ‘‘(a) REQUIREMENT FOR DETERMINATION AND NOTIFICATION.— A major weapon system of the Department of Defense may be treated as a commercial item, or purchased under procedures established for the procurement of commercial items, only if— ‘‘(1) the Secretary of Defense determines that— ‘‘(A) the major weapon system is a commercial item, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and ‘‘(B) such treatment is necessary to meet national security objectives; and ‘‘(2) the congressional defense committees are notified at least 30 days before such treatment or purchase occurs. ‘‘(b) TREATMENT OF SUBSYSTEMS AND COMPONENTS AS COMMERCIAL ITEMS.—A subsystem or component of a major weapon system shall be treated as a commercial item and purchased under procedures established for the procurement of commercial items if such subsystem or component otherwise meets the requirements (other than requirements under subsection (a)) for treatment as a commercial item. ‘‘(c) DELEGATION.—The authority of the Secretary of Defense to make a determination under subsection (a) may be delegated only to the Deputy Secretary of Defense, without further redelegation. ‘‘(d) MAJOR WEAPON SYSTEM DEFINED.—In this section, the term ‘major weapon system’ means a weapon system acquired pursuant to a major defense acquisition program (as that term is defined in section 2430 of this title).’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 140 of such title is amended by adding at the end the following new item: ‘‘2379. Requirement for determination by Secretary of Defense and notification to Congress before procurement of major weapon systems as commercial items.’’. (b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall take effect on the date of the enactment of this Act, and shall apply to contracts entered into on or after such date. SEC.

804.

10 USC 2379 note.

REPORTS ON SIGNIFICANT INCREASES IN PROGRAM ACQUISITION UNIT COSTS OR PROCUREMENT UNIT COSTS OF MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) INITIAL REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the acquisition status of each major defense acquisition program whose program acquisition unit cost or procurement unit cost, as of the date of the enactment of this Act, has exceeded by more than 50 percent the original baseline projection for such unit cost. The report shall include the information specified in subsection (b). (b) INFORMATION.—The information specified in this subsection with respect to a major defense acquisition program is the following: (1) An assessment of the costs to be incurred to complete the program if the program is not modified.

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