§2473. Procurements from the small arms production industrial base

(a) Requirement To Limit Procurements To Certain Sources.-In order to preserve the small arms production industrial base, the Secretary of Defense shall require that any procurement of property or services described in subsection (b) for the Department of Defense be made only from a firm in the small arms production industrial base, unless the Secretary determines, with regard to a particular procurement, that such requirement is not necessary to preserve the small arms production industrial base.

(b) Covered Property and Services.-Subject to subsection (d), subsection (a) applies to the following:

(1) Critical repair parts for small arms, consisting only of barrels, receivers, and bolts.

(2) Modifications of such parts to improve small arms used by the armed forces.

(c) Small Arms Production Industrial Base.-In this section, the term "small arms production industrial base" means the firms comprising the small arms production industrial base, as described in the plan entitled "Preservation of Critical Elements of the Small Arms Industrial Base", dated January 8, 1994, that was prepared by an independent assessment panel of the Army Science Board.

(d) Applicability.-This section applies only to procurements of covered property and services involving the following small arms:

(1) M16 series rifle.

(2) MK19 grenade machine gun.

(3) M4 series carbine.

(4) M240 series machine gun.

(5) M249 squad automatic weapon.

(e) Submission of Certified Cost or Pricing Data.-If a procurement under subsection (a) is a procurement of a commercial item, the Secretary may, notwithstanding section 2306a(b)(1)(B) of this title, require the submission of certified cost or pricing data under section 2306a(a) of this title.

(Added Pub. L. 104–201, div. A, title VIII, §832(a), Sept. 23, 1996, 110 Stat. 2616 ; amended Pub. L. 105–261, div. A, title VIII, §809(a)–(d), Oct. 17, 1998, 112 Stat. 2085 , 2086; Pub. L. 106–65, div. A, title VIII, §815(b), Oct. 5, 1999, 113 Stat. 712 .)

Amendments

1999-Subsec. (b)(1). Pub. L. 106–65, §815(b)(1), substituted "Critical repair" for "Repair", struck out "including repair parts" after "small arms,", and inserted "only" after "consisting".

Subsec. (b)(2). Pub. L. 106–65, §815(b)(2), inserted "such" after "Modifications of".

1998-Subsec. (a). Pub. L. 105–261, §809(a), substituted "Requirement" for "Authority" in heading and "In order to preserve the small arms production industrial base, the Secretary of Defense shall" for "To the extent that the Secretary of Defense determines necessary to preserve the small arms production industrial base, the Secretary may" in text, and inserted before period at end ", unless the Secretary determines, with regard to a particular procurement, that such requirement is not necessary to preserve the small arms production industrial base".

Subsec. (b). Pub. L. 105–261, §809(b), (c)(1), substituted "Subject to subsection (d), subsection" for "Subsection" in introductory provisions and inserted ", including repair parts consisting of barrels, receivers, and bolts" before period in par. (1).

Subsec. (d). Pub. L. 105–261, §809(c)(2), added subsec. (d).

Subsec. (e). Pub. L. 105–261, §809(d), added subsec. (e).

Extension of Requirements of Section 2473 to Small Arms

Pub. L. 106–65, div. A, title VIII, §815(a), Oct. 5, 1999, 113 Stat. 712 , provided that: "In fulfilling the requirement under subsection (e) of section 809 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2086; 10 U.S.C. 2473 note), if the Secretary of the Army determines that it is necessary to protect the small arms production industrial base, the Secretary shall exercise the authority under subsection (f) of such section [set out as a note below] with regard to M–2 and M–60 machine guns."

Pub. L. 105–261, div. A, title VIII, §809(e), (f), Oct. 17, 1998, 112 Stat. 2086 , provided that:

"(e) Study.-Not later than 60 days after the date of the enactment of this Act [Oct. 17, 1998], the Secretary of the Army shall conduct a study, to be carried out by the Army Science Board, to examine whether the requirements of section 2473 of title 10, United States Code, should be extended to small arms (as specified in subsection (d) of such section) and the parts manufactured under a contract with the Department of Defense to produce such small arms.

"(f) Authority to Extend Requirements of Section 2473.-Based upon recommendations of the Army Science Board resulting from the study conducted under subsection (e), the Secretary of the Army may apply the requirements of section 2473 of title 10, United States Code, to the small arms and parts referred to in subsection (e)."