[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S7867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4324. Ms. COLLINS submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. 164. INCLUSION OF PROPOSALS FOR CANCELLATION OR CERTAIN 
                   MODIFICATIONS OF MULTIYEAR CONTRACTS FOR 
                   ACQUISITION OF PROPERTY IN DEPARTMENT OF 
                   DEFENSE BUDGET JUSTIFICATION MATERIALS.

       (a) In General.--Chapter 9 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 239c. Cancellation or certain modifications of 
       multiyear contracts for acquisition of property: inclusion 
       of proposals in budget justification materials

       ``(a) In General.--In the budget justification materials 
     submitted to Congress in support of the Department of Defense 
     budget for fiscal year 2023 and each fiscal year thereafter 
     (as submitted with the budget of the President under section 
     1105(a) of title 31), the Secretary of Defense shall include 
     a proposal for any contract of the Department entered into 
     under section 2306b of this title that--
       ``(1) the head of an agency intends to cancel; or
       ``(2) with respect to which the head of agency intends to 
     effect a covered modification.
       ``(b) Elements.--Each proposal required by subsection (a) 
     shall include the following:
       ``(1) A detailed assessment of expected termination costs 
     associated with the cancellation or covered modification of 
     the contract.
       ``(2) An updated assessment of estimated savings of 
     carrying out the planned multiyear procurement.
       ``(3) An explanation of the proposed use of previously 
     appropriated funds provided by Congress for advance 
     procurement or procurement of property that would be procured 
     under the multiyear contract.
       ``(4) An assessment of expected impacts to the industrial 
     base, including workload stability, loss of skilled labor, 
     and reduced efficiencies.
       ``(c) Definitions.--In this section:
       ``(1) The term `covered modification' means a modification 
     that will result in a reduction in the quantity of end items 
     to be procured.
       ``(2) The term `head of an agency' means--
       ``(A) the Secretary of Defense;
       ``(B) the Secretary of the Army;
       ``(C) the Secretary of the Navy; or
       ``(D) the Secretary of the Air Force.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 9 of such title is amended by adding at 
     the end the following new item:

``239c. Cancellation or certain modifications of multiyear contracts 
              for acquisition of property: inclusion of proposals in 
              budget justification materials.''.
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