Page:United States Statutes at Large Volume 122.djvu/4542

 12 2 STA T .45 1 9PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8SEC.803 .C OM ME R C IAL SO FTW ARE RE U SE P REFERE N CE. (a)INGE NE RAL.—TheS e cr e t ar yofD efe ns e sha l l ens u re that contract i n g officials i d entify and e v aluate , at all stages of the ac q uisition p rocess (including concept refine m ent, concept decision, and technology development), opportunities for the use of commer - cial computer soft w are and other non-developmental software. ( b ) R E PO R T .— N ot later than 270 days after the date of enact- ment of this A ct, the Secretary shall submit to the congressional defense committees a report on actions ta k en to implement sub- section (a), including a description of any relevant regulations and policy guidance. SEC. 80 4 . INTERNAL CONTROLS FOR PROCUREMENTS ON B E H ALF OF THE D EPARTMENT OF DEFENSE B Y CERTAIN NON - DEFENSE A G ENCIES. (a) IN C L USI ONO F A D DITIONAL NON-DEFENSE A G ENCIES IN RE V IE W .—The covered non-defense agencies specified in subsection (c) of this section shall be considered covered non-defense agencies as defined in subsection (i) of section 81 7of the J ohn W arner National Defense Authori z ation Act for F iscal Y ear 2007 ( P ublic L aw 10 9–364; 120 Stat. 2326) for purposes of such section. (b) DEADLINES AND APPLICA B ILIT Y FOR ADDITIONAL NON- DEFENSE AGENCIES.—For each covered non-defense agency specified in subsection (c) of this section, section 817 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2326) shall apply to such agency as follows

(1) The review and determination required by subsection (a)(1) of such section shall be completed by not later than M arch 1 5, 2009. (2) The review and determination required by subsection (a)(2) of such section, if necessary, shall be completed by not later than June 15, 2010, and such review and determination shall be a review and determination of such agency ’ s procure- ment of property and services on behalf of the Department of Defense in fiscal year 2009. (3) The memorandum of understanding required by sub- section (c)(1) of such section shall be entered into by not later than 60 days after the date of the enactment of this Act. (4) The limitation specified in subsection (d)(1) of such section shall apply after March 15, 2009, and before June 16, 2010. (5) The limitation specified in subsection (d)(2) of such section shall apply after June 15, 2010. (6) The limitation required by subsection (d)(3) of such section shall commence, if necessary, on the date that is 60 days after the date of the enactment of this Act. (c) DEFINITION OF C OVERED NON-DEFENSE AGENCY.—In this section, the term ‘ ‘covered non-defense agency’’ means each of the following: (1) The Department of Commerce. (2) The Department of E nergy. (d) MODIFICATION OF CERTAIN ADDITIONAL AUT H ORITIES ON INTERNAL CONTROLS FOR PROCURE M ENTS ON B EHALF OF D O D.— Section 801 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 202; 10 U .S.C. 2304 note) is amended— (1) in subsection (a)(2)—

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