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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitation

P. L. 111-

House Conference Report 111-288

    (a) Authority To Modify Definition of ``Small Arms Production Industrial Base''.--Section 2473(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 eliminate, modify, or add to the firms included in the small arms production 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) Review of Small Arms Production Industrial Base.--

    (1) REVIEW.--Not later than March 31, 2010, the Secretary of Defense shall review and determine, based on current and future Department requirements and competitive manufacturing capability and capacity--

    (A) whether any firms included in the small arms production industrial base (as that term is defined in section 2473(c) of title 10, United States Code) should be eliminated or modified and whether any additional firms should be included; and

    (B) whether any of the small arms listed in section 2473(d) of title 10, United States Code, should be eliminated from the list or modified on the list and whether any additional small arms should be included in the list.

    (2) REPORTS.--

    (A) Not later than March 31, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on the review conducted under this subsection.

    (B) The Secretary of Defense shall notify the congressional defense committees not later than 30 days after making any modification to the list maintained pursuant to subsection (c) of section 2473 of title 10, United States Code, or the list under subsection (d) of such section.

   The House bill contained a provision (sec. 817) that would define the small arms production base to mean the persons and organizations that are engaged in the production or maintenance of small arms within the United States.

   The Senate amendment contained a provision (sec. 832) that would authorize the Secretary to modify the definition of the small arms production industrial base.

   House recedes with an amendment that would clarify the Secretary's authority under the provision.

   The conferees understand the current small arms production industrial base is defined by an Army Science Board report from 1994 entitled ``Preservation of Critical Elements of the Small Arms Industrial Base'' and is statutorily limited to three manufacturers. The conferees also note the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417) required the Secretary of Defense to submit a report to the congressional defense committees on the military's requirements for sustaining and managing the small arms industrial base, however this report has yet to be submitted to Congress. The conferees recognize the need to preserve reliable sources for the development, production, and maintenance of small arms, and note the benefits full and open competition could have, particularly in the areas of small arms technological innovation and more competitive pricing in small arms and critical small arms parts manufacturing.

House Report 111-166 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

SECTION 817--SMALL ARMS PRODUCTION INDUSTRIAL BASE

This section would amend section 2473 of title 10, United States Code, which provides the definition of the small arms production industrial base. This section would expand and broaden the definition of the small arms production industrial base to include all domestically-based United States small arms manufacturers and to also include pistols.

Senate Report 111-035 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

The committee recommends a provision that would require the Secretary of Defense to review the manufacturing capability and capacity of the small arms industrial base and make a determination whether or not to add, modify, or eliminate covered small arms makers or weapons as identified in section 2473 of title 10, United States Code. The provision would also require the Secretary to provide to the congressional defense committees by March 31, 2010 a report on the Department's findings and recommendations.

The committee notes that small arms makers and weapons covered by section 2473 of title 10, United States Code, were based upon a 1994 Army Science Board plan entitled `Preservation of Critical Elements of the Small Arms Industrial Base.' The industrial conditions and capabilities related to the manufacture and parts supply for military small arms have strengthened since 1994, meriting a review by the Secretary of Defense.