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

Subtitle A Acquisition Policy and Management

DHNDAA Section

Senate Armed Services Report 110-335

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.'.

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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