
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2473]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
   CHAPTER 146--CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR 
                        INDUSTRIAL TYPE FUNCTIONS
 
Sec. 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, Sec. 832(a), Sept. 23, 1996, 
110 Stat. 2616; amended Pub. L. 105-261, div. A, title VIII, 
Sec. 809(a)-(d), Oct. 17, 1998, 112 Stat. 2085, 2086; Pub. L. 106-65, 
div. A, title VIII, Sec. 815(b), Oct. 5, 1999, 113 Stat. 712.)


                               Amendments

    1999--Subsec. (b)(1). Pub. L. 106-65, Sec. 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, Sec. 815(b)(2), inserted ``such'' 
after ``Modifications of''.
    1998--Subsec. (a). Pub. L. 105-261, Sec. 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, Sec. 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, Sec. 809(c)(2), added subsec. (d).
    Subsec. (e). Pub. L. 105-261, Sec. 809(d), added subsec. (e).


         Extension of Requirements of Section 2473 to Small Arms

    Pub. L. 106-65, div. A, title VIII, Sec. 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, Sec. 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).''
