[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Page S5088]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5729. Mr. BLUNT submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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 F of title III, add the following:

     SEC. 389. REVIEW BY DEPARTMENT OF THE ARMY OF EXECUTION OF 
                   FOOD SERVICE CONTRACTS.

       (a) Review Required.--
       (1) In general.--The Secretary of the Army shall conduct a 
     review of the practices of the Mission and Installation 
     Contracting Command of the Army in executing existing food 
     service contracts.
       (2) Elements.--The review required by paragraph (1) shall 
     examine the following:
       (A) Whether current food service contract payment practices 
     of the Mission and Installation Contracting Command are 
     consistent with the contractual obligations and policy of 
     such command, including--
       (i) delaying or withholding scheduled contractor payment;
       (ii) making pre-payment deductions from contractor payment;
       (iii) reducing contract payment price if the number of 
     alleged performance defects is within the acceptable quality 
     level stated in the contract; and
       (iv) reducing contractor payment based upon deficiencies 
     without informing the contractor of such deficiencies.
       (B) Whether current inspection practices are consistent 
     with the contractual obligations and policy of such command, 
     including--
       (i) prohibiting a contractor or their representative from 
     accompanying inspectors; and
       (ii) refusing to provide to a contractor copies of 
     inspection reports or results of an inspection.
       (C) The percentage of deductions identified in the 
     inspection process relating to food service contracts that 
     are a direct result of the failure by the Department of the 
     Army to replace or repair food service-related equipment.
       (D) At which installations of the Army the practices 
     specified in clauses (i) through (iv) of subparagraph (A) and 
     clauses (i) and (ii) of subparagraph (B) have taken place 
     since October 1, 2021.
       (b) Report Required.--Not later than September 30, 2023, 
     the Secretary of the Army shall submit to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a report on the findings of the review conducted under 
     subsection (a).
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