[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.
                                 ______