Page:United States Statutes at Large Volume 119.djvu/3405

 PUBLIC LAW 109–163—JAN. 6, 2006

119 STAT. 3387

SEC. 823. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.

Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended— (1) in subsection (a)— (A) by striking ‘‘The Director’’ and inserting ‘‘(1) Subject to paragraph (2), the Director’’; and (B) by adding at the end the following new paragraphs: ‘‘(2) The authority of this section— ‘‘(A) may be exercised for a prototype project that is expected to cost the Department of Defense in excess of $20,000,000 but not in excess of $100,000,000 only upon a written determination by the senior procurement executive for the agency (as designated for the purpose of section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c)) that— ‘‘(i) the requirements of subsection (d) will be met; and ‘‘(ii) the use of the authority of this section is essential to promoting the success of the prototype project; and ‘‘(B) may be exercised for a prototype project that is expected to cost the Department of Defense in excess of $100,000,000 only if— ‘‘(i) the Under Secretary of Defense for Acquisition, Technology, and Logistics determines in writing that— ‘‘(I) the requirements of subsection (d) will be met; and ‘‘(II) the use of the authority of this section is essential to meet critical national security objectives; and ‘‘(ii) the congressional defense committees are notified in writing at least 30 days before such authority is exercised. ‘‘(3) The authority of a senior procurement executive under paragraph (2)(A), and the authority of the Under Secretary of Defense for Acquisition, Technology, and Logistics under paragraph (2)(B), may not be delegated.’’; (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following new subsection (h): ‘‘(h) APPLICABILITY OF PROCUREMENT ETHICS REQUIREMENTS.— An agreement entered into under the authority of this section shall be treated as a Federal agency procurement for the purposes of section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423).’’.

Notification. Deadline.

SEC. 824. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED UNDER CERTAIN PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

Section 2414(a)(2) of title 10, United States Code, is amended by striking ‘‘$150,000’’ and inserting ‘‘$300,000’’.

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