SEC. 804. INTERNAL CONTROLS FOR
PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE BY CERTAIN
NON-DEFENSE AGENCIES.
(a) Inclusion of Additional Non-Defense Agencies in Review- 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 817 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2326) for purposes of such section.
(b) Deadlines and Applicability 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 March 15,
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 procurement of
property and services on behalf of the Department of Defense
in fiscal year 2009.
(3) The memorandum of understanding required by subsection
(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 Covered 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 Energy.
(d)
Modification of Certain Additional Authorities on Internal
Controls for Procurements on Behalf of DOD- 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)--
(A)
in subparagraph (B), by striking `each of the Department of
the Treasury, the Department of the Interior, and the
National Aeronautics and Space Administration' and inserting
`the Department of the Interior'; and
(B) by adding at the end the following new subparagraph:
`(D) In the case of each of the Department of Commerce and
the Department of Energy, by not later than March 15,
2015.'; and
(2) in
subsection (f)(2)--
(A) by striking subparagraphs (B) and (D);
(B) by redesignating subparagraphs (C), (E), and (F) as
subparagraphs (B), (C), and (D), respectively; and
(C) by adding at the end the following new subparagraphs:
`(E) The Department of Commerce.
`(F) The Department of Energy.'.
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Internal controls for procurements on
behalf of the Department of Defense by certain non-defense
agencies (sec. 811)
The committee recommends a provision that would require the
Inspector General of the Department of Defense (DOD) to conduct
joint reviews with the inspectors general of certain non-defense
agencies to determine whether procurements conducted by the
non-defense agencies on behalf of DOD have been conducted in
compliance with defense procurement requirements.
Section 802 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375),
section 811 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163), section 817 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364), and section 801 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181)
contained similar requirements for joint audits.
The provision recommended by the committee would modify
requirements adopted in previous years by: (1) Deleting the
requirement for follow-up audits of contracts awarded through the
Department of the Treasury and the National Aeronautics and Space
Administration; and (2) adding a new requirement for joint audits
of contracts awarded through the Department of Commerce and the
Department of Energy.
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