S.Amdt. 5611Senate110th Congress (2007-2009)

S.Amdt. 5611

What it does: Rewrites section 812
Submitted September 16, 2008

What it changes

1 change to S. 3001 · shown in the bill's text

Rewrites a provision
  1. Rewrites section 812

    Replaces

    In S. 3001 · Placed on Calendar Senate

    SEC. 812. CONTINGENCY CONTRACTING CORPS.

    (a) In General.--[struck: Chapter 137][inserted: The Office] of [struck: title 10, United States Code, ][inserted: Federal Procurement Policy Act (41 U.S.C. 403 et seq.) ]is amended by adding at the end the following new section:

    "[struck: Sec][inserted: SEC]. [struck: 2334][inserted: 44]. [struck: Contingency Contracting Corps][inserted: CONTINGENCY CONTRACTING CORPS.]

    "(a) Establishment.--The [struck: Secretary of Defense ][inserted: Administrator ]shall establish [struck: within the Department of Defense][inserted: a pilot program that creates] a [inserted: government-wide ]Contingency Contracting Corps (in this section, referred to as the 'Corps')[struck: to ensure the Department has the capability, when needed, to support contingency contracting actions in a deployed environment]. The members of the Corps shall be available for deployment in [struck: connection with ][inserted: responding to disasters, natural and man-made, and ]contingency operations both within and outside the continental United States[struck: , including reconstruction efforts relating thereto].

    Inserted: "(b) Concept of Operations.--Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2009, the Office of Federal Procurement Policy, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of State, shall provide the appropriate congressional committees a concept of operations (CONOPS) that provides details on the organizational structure of the Corps, chain of command for on-call and deployed members of the Corps, training and equipment requirements for members of the Corps, and funding requirements related to the operation, training, and equipping of the Corps, and any other matters relating to the efficient establishment and operation of the Corps.

    "([struck: b][inserted: c]) Membership.--Membership in the Corps shall be voluntary and open to all [struck: employees of the Department of Defense][inserted: Federal employees], including uniformed members of the Armed [struck: Forces][inserted: Services], who are [inserted: currently ]members of the [struck: defense][inserted: Federal] acquisition workforce[struck: , as designated under section 1721 of this title].

    "([struck: c][inserted: d]) Education and Training.--The [struck: Secretary of Defense ][inserted: Administrator ]may establish additional educational and training requirements[struck: ][inserted: , and may pay ]for [struck: members of ][inserted: these additional requirements from funds available in ]the [struck: Corps][inserted: acquisition workforce training fund].

    Struck: "(d) Clothing and Equipment.--The Secretary of Defense may identify any necessary clothing and equipment requirements for members of the Corps.

    "(e) Salary.--The salaries for members of the Corps shall be paid by [struck: the Department of Defense ][inserted: their parent agencies ]out of existing appropriations.

    Struck: "(f) Authority To Deploy the Corps.--The Secretary of Defense, or the Secretary's designee, shall have the authority to determine when members of the Corps shall be deployed.

    Struck: "(g) Annual Report.--(1) The Secretary of Defense shall provide to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives an annual report on the status of the Contingency Contracting Corps.

    Struck: "(2) At a minimum, each report under paragraph (1) shall include the number of members of the Contingency Contracting Corps, the fully burdened cost of operating the program, the number of deployments of members of the program, and the performance of members of the program in deployment.".

    Struck: (b) Clerical Amendment.--The table of sections at the beginning of chapter 137 of such title is amended by adding at the end the following new item:

    Show 1 more struck paragraph

    Struck: "2334. Contingency Contracting Corps.".

    Inserted: "(f) Authority To Deploy the Corps.--The Administrator, or the Administrator's designee, shall have the authority, upon the request of an executive agency, to determine when civilian agency members of the Corps shall be deployed, in consultation with the head of the agency or agencies employing the members to be deployed. With respect to members of the Corps who are also members of the Armed Forces or civilian personnel of the Department of Defense, the Secretary of Defense, or the Secretary's designee, must concur in the Administrator's deployment determinations.

    Inserted: "(g) Annual and Final Pilot Program Reports.--

    Inserted: "(1) Annual report.--

    Inserted: "(A) In general.--The Administrator shall provide to the appropriate congressional committees an annual report on the status of the Corps.

    Inserted: "(B) Content.--At a minimum, each report under subparagraph (A) shall include the number of members of the Corps, the fully burdened cost of operating the program, the number of deployments of members of the program, and the performance of members of the program in deployment.

    Inserted: "(2) Pilot program report.--

    Inserted: "(A) In general.--Not later than four years after the concept of operations required by subsection (b) is provided to the appropriate congressional committees, the Administrator, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of State, shall provide an assessment of the pilot program established by this section and make any recommendations relating to continuation or modification of the Corps.

    Inserted: "(B) Content.--At a minimum, the report required by subparagraph (A) shall include, disaggregated by year and in summary, the number of members of the Corps, training accomplished, equipment provided, the fully burdened cost of operating the program, any operations for which the Corps was deployed, an assessment of the effectiveness of the command and control structure for the Corps, an assessment of the integration of deployed members of the Corps with other agencies (both at the members' parent agencies and while deployed), and the performance of members of the Corps during any deployments.

    Inserted: "(h) Effective Dates.--

    Inserted: "(1) In general.--Subject to paragraphs (2) and (3), this section shall take effect upon the date of the enactment of the National Defense Authorization Act for Fiscal Year 2009.

    Inserted: "(2) Establishment and deployment of corps.--The Administrator may not establish or deploy the Corps until the concept of operations required by subsection (b) has been submitted to the appropriate congressional committees.

    Inserted: "(3) Pilot program termination.--

    Show 7 more inserted paragraphs

    Inserted: "(A) In general.--Subject to subparagraph (B), the authority provided under this section shall terminate five years after submission to the appropriate congressional committees of the concept of operations required by subsection (b).

    Inserted: "(B) No effect on ongoing deployments.--Expiration of the authority provided under this section shall not affect any deployment of the Corps that occurred prior to the termination of the authority under subparagraph (A), and any such deployment shall continue as authorized by this section prior to its termination.

    Inserted: "(i) Appropriate Congressional Committees Defined.--In this section, the term 'appropriate congressional committees' means--

    Inserted: "(1) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Foreign Relations of the Senate; and

    Inserted: "(2) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Foreign Affairs of the House of Representatives.".

    Inserted: (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end the following new item:

    Inserted: "Sec. 44. Contingency Contracting Corps.".

    Original wording

    Strike section 812 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 5611. Ms. COLLINS (for herself and Mr. Lieberman) submitted an amendment intended to be proposed by her to the bill S. 3001, to authorize appropriations for fiscal year 2009 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:

Strike section 812 and insert the following:

SEC. 812. CONTINGENCY CONTRACTING CORPS.

(a) In General.--The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section:

“SEC. 44. CONTINGENCY CONTRACTING CORPS.

“(a) Establishment.--The Administrator shall establish a pilot program that creates a government-wide Contingency Contracting Corps (in this section, referred to as the ‘Corps'). The members of the Corps shall be available for deployment in responding to disasters, natural and man-made, and contingency operations both within and outside the continental United States.

“(b) Concept of Operations.--Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2009, the Office of Federal Procurement Policy, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of State, shall provide the appropriate congressional committees a concept of operations (CONOPS) that provides details on the organizational structure of the Corps, chain of command for on-call and deployed members of the Corps, training and equipment requirements for members of the Corps, and funding requirements related to the operation, training, and equipping of the Corps, and any other matters relating to the efficient establishment and operation of the Corps.

“(c) Membership.--Membership in the Corps shall be voluntary and open to all Federal employees, including uniformed members of the Armed Services, who are currently members of the Federal acquisition workforce.

“(d) Education and Training.--The Administrator may establish additional educational and training requirements, and may pay for these additional requirements from funds available in the acquisition workforce training fund.

“(e) Salary.--The salaries for members of the Corps shall be paid by their parent agencies out of existing appropriations.

“(f) Authority To Deploy the Corps.--The Administrator, or the Administrator's designee, shall have the authority, upon the request of an executive agency, to determine when civilian agency members of the Corps shall be deployed, in consultation with the head of the agency or agencies employing the members to be deployed. With respect to members of the Corps who are also members of the Armed Forces or civilian personnel of the Department of Defense, the Secretary of Defense, or the Secretary's designee, must concur in the Administrator's deployment determinations.

“(g) Annual and Final Pilot Program Reports.--

“(1) Annual report.--

“(A) In general.--The Administrator shall provide to the appropriate congressional committees an annual report on the status of the Corps.

“(B) Content.--At a minimum, each report under subparagraph (A) shall include the number of members of the Corps, the fully burdened cost of operating the program, the number of deployments of members of the program, and the performance of members of the program in deployment.

“(2) Pilot program report.--

“(A) In general.--Not later than four years after the concept of operations required by subsection (b) is provided to the appropriate congressional committees, the Administrator, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of State, shall provide an assessment of the pilot program established by this section and make any recommendations relating to continuation or modification of the Corps.

“(B) Content.--At a minimum, the report required by subparagraph (A) shall include, disaggregated by year and in summary, the number of members of the Corps, training accomplished, equipment provided, the fully burdened cost of operating the program, any operations for which the Corps was deployed, an assessment of the effectiveness of the command and control structure for the Corps, an assessment of the integration of deployed members of the Corps with other agencies (both at the members' parent agencies and while deployed), and the performance of members of the Corps during any deployments.

“(h) Effective Dates.--

“(1) In general.--Subject to paragraphs (2) and (3), this section shall take effect upon the date of the enactment of the National Defense Authorization Act for Fiscal Year 2009.

“(2) Establishment and deployment of corps.--The Administrator may not establish or deploy the Corps until the concept of operations required by subsection (b) has been submitted to the appropriate congressional committees.

“(3) Pilot program termination.--

“(A) In general.--Subject to subparagraph (B), the authority provided under this section shall terminate five years after submission to the appropriate congressional committees of the concept of operations required by subsection (b).

“(B) No effect on ongoing deployments.--Expiration of the authority provided under this section shall not affect any deployment of the Corps that occurred prior to the termination of the authority under subparagraph (A), and any such deployment shall continue as authorized by this section prior to its termination.

“(i) Appropriate Congressional Committees Defined.--In this section, the term ‘appropriate congressional committees' means--

“(1) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Foreign Relations of the Senate; and

“(2) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Foreign Affairs of the House of Representatives.”.

(b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end the following new item:

“Sec. 44. Contingency Contracting Corps.”.

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Senate amendment submitted

September 16, 2008