[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5582-S5583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6050. Mr. REED (for himself and Mr. Inhofe) 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 C of title XII, add the following:
SEC. 1239. TEMPORARY AUTHORIZATIONS RELATED TO UKRAINE AND
OTHER MATTERS.
(a) Temporary Authorizations for Covered Agreements Related
to Ukraine.--
(1) Covered agreement defined.--In this subsection, the
term ``covered agreement'' includes a contract, subcontract,
transaction, or modification of a contract, subcontract, or
transaction awarded by the Department of Defense--
(A) to build the stocks of critical munitions of the
Department;
(B) to provide materiel and related services to foreign
allies and partners that have provided support to the
Government of Ukraine; and
(C) to provide materiel and related services to the
Government of Ukraine.
(2) Public interest.--
(A) In general.--A covered agreement may be presumed to be
in the public interest for purposes of meeting the
requirements of subsection (a)(7) of section 3204 of title
10, United States Code.
(B) Procedures.--Notwithstanding the provisions of
subsection (a)(7) of section 3204 of title 10, United States
Code, with respect to a covered agreement--
(i) the Secretary of Defense may delegate the authority
under that subsection to an officer or employee who--
(I) in the case of an officer or employee who is a member
of the Armed Forces, is serving in a grade at or above
brigadier general or rear admiral (lower half); or
(II) in the case of a civilian officer or employee, is
serving in a position with a grade under the General Schedule
(or any other schedule for civilian officers or employees)
that is comparable to or higher than the grade of brigadier
general or rear admiral (lower half); and
(ii) not later than 7 days before using the applicable
procedures under section 3204 of title 10, United States
Code, the Secretary, or a designee of the Secretary, shall
submit to the congressional defense committees a written
notification of the use of such procedures.
(C) Documentation.--Consistent with paragraph (4)(C) of
subsection (e) of section 3204 of title 10, United States
Code, the documentation otherwise required by paragraph (1)
of such subsection is not required in the case of a covered
agreement permitted by subsection (a)(7) of such section.
(3) Procurement authorities.--The special emergency
procurement authorities provided under subsections (b) and
(c) of section 1903 of title 41, United States Code, may be
used by the Department of Defense for a covered agreement.
(4) Contract financing.--The Secretary may waive the
provisions of subsections (a) and (c) of section 3372 of
title 10, United States Code, for a covered agreement.
(5) Technical data packages for large-caliber cannon.--The
requirements of section 7542 of title 10, United States Code,
do not apply to the transfer of technical data to an
international partner for the production of large-caliber
cannons produced for--
(A) the replacement of defense articles from stocks of the
Department of Defense provided to the Government of Ukraine
or to foreign countries that have provided support to Ukraine
at the request of the United States, or
(B) contracts awarded by the Department of Defense to
provide materiel directly to the Government of Ukraine.
(6) Temporary exemption from certified cost and pricing
data requirements.--
(A) In general.--The requirements under section 3702 of
title 10, United States Code, shall not apply to a covered
agreement awarded on a Fixed Price Incentive Firm Target
basis, where target price equals ceiling price, and the
Government Underrun Share ratio is 100 percent with a cap for
profit of 15 percent of target cost.
(B) Use of exemption.--The following shall apply to an
exemption under subparagraph (A):
(i) Awarded profit dollars shall be fixed, but the
contractor may ultimately realize a profit rate of higher
than 15 percent in relation to its final actual cost.
(ii) The prices negotiated by the Federal Government shall
not exceed the most recent negotiated prices for the same
items while allowing for appropriate adjustments,
[[Page S5583]]
including those for quantity differences or relevant,
applicable economic indices.
(C) Application.--An exemption under subparagraph (A) shall
apply to subcontracts under prime contracts that are exempt
under this paragraph.
(7) Termination of temporary authorizations.--The
provisions of this subsection shall terminate on September
30, 2024.
(b) Modification of Cooperative Logistic Support
Agreements: NATO Countries.--Section 2350d of title 10,
United States Code, is amended--
(1) in the section heading, by striking ``logistic
support'' and inserting ``acquisition and logistics
support'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``logistics support'' and inserting ``acquisition and
logistics support''; and
(ii) in subparagraph (B), by striking ``logistic support''
and inserting ``acquisition and logistics support''; and
(B) in paragraph (2)(B), by striking ``logistics support''
and inserting ``armaments and logistics support''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Partnership Agreement'' and inserting ``Partnership
Agreement or Arrangement'';
(B) in paragraph (1)--
(i) by striking ``supply and acquisition of logistics
support in Europe for requirements'' and inserting ``supply,
services, support, and acquisition, including armaments for
requirements''; and
(ii) by striking ``supply and acquisition are appropriate''
and inserting ``supply, services, support, and acquisition
are appropriate''; and
(C) in paragraph (2), by striking ``logistics support''
each place it appears and inserting ``acquisition and
logistics support''.
(c) Contract Authority.--
(1) Procurement authorized.--In fiscal years 2023 and 2024,
the Secretary of Defense may enter into one or more contracts
for the procurement of up to--
(A) 750,000 XM1128 and XM1123 (155mm rounds);
(B) 30,000 AGM-114 Hellfire;
(C) 36,000 AGM-179 Joint Air-to-Ground Missiles (JAGM);
(D) 700 M142 High Mobility Artillery Rocket Systems
(HIMARS);
(E) 6,000 MGM-140 Army Tactical Missile Systems (ATACMS);
(F) 1,000 Harpoons;
(G) 800 Naval Strike Missiles;
(H) 100,000 Guided Multiple Launch Rocket Systems (GMLRS);
(I) 10,000 PATRIOT Advanced Capability - 3 (PAC-3) Missile
Segment Enhancement (MSE);
(J) 20,000 FIM-92 Stinger;
(K) 25,000 FGM-148 Javelin;
(L) 20,000 AIM-120 Advanced Medium-Range Air-to-Air Missile
(AMRAAM); and
(M) 1,000 M777 Howitzer.
(2) Procurement in conjunction with existing contracts.--
The systems authorized to be procured under paragraph (1) may
be procured as additions to existing contracts covering such
programs.
(3) Certification required.--A contract may not be entered
into under paragraph (1) unless the Secretary certifies to
the congressional defense committees in writing, not later
than 7 days before entry into the contract, each of the
following, which shall be prepared by the milestone decision
authority for each such program:
(A) The use of such a contract is consistent with the
projected force structure requirements for such program.
(B) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of--
(i) the estimated end cost and appropriated funds by fiscal
year, by system, without the authority provided in paragraph
(1);
(ii) the estimated end cost and appropriated funds by
fiscal year, by system, with the authority provided in
paragraph (1);
(iii) the estimated cost savings or increase by fiscal
year, by system, with the authority provided in paragraph
(1);
(iv) the discrete actions that will accomplish such cost
savings or avoidance; and
(v) the contractual actions that will ensure the estimated
cost savings are realized.
(C) There is a reasonable expectation that throughout the
contemplated contract period the Secretary will request
funding for the contract at the level required to avoid
contract cancellation.
(D) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
(E) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract
authorized under paragraph (1) are realistic.
(F) The use of such a contract will promote the national
security of the United States.
(G) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program (as defined in section 221 of title 10, United States
Code) for such fiscal year will include the funding required
to execute the program without cancellation.
(4) Authority for advance procurement.--The Secretary may
enter into one or more contracts for advance procurement
associated with a program for which authorization to enter
into a contract is provided under paragraph (1) and for
systems and subsystems associated with such program in
economic order quantities when cost savings are achievable.
(5) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year is subject to the availability of
appropriations for that purpose for such fiscal year.
______