S.Amdt. 2559

SA 2559. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe
(for himself and Mr. McCain) and intended to be proposed to the bill
H.R. 5515, to authorize appropriations for fiscal year 2019 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 I of title VIII, add the following:

SEC. 896. DEFENSE CONTRACT AUDIT AGENCY ANNUAL REPORT.

(a) Revisions to Report Elements.--Subsection (a) of
section 2313a(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``significant'' and all
that follows through the semicolon at the end, and inserting
``the regulatory requirements that create compliance
difficulties for contractors, including an analysis of how
those regulatory requirements affect contractors of different
sizes and industries;'';
(2) in paragraph (2)--
(A) by striking subparagraphs (A) through (E) and inserting
the following:
``(A) the total number of new audit or advisory
engagements, by type (pre-award, incurred cost, other post-
award, and business system), with time limits expiring during
the fiscal year that were completed or were awaiting
completion, as compared to total audit and advisory
engagements completed or awaiting completion during the year;
``(B) on-time performance relative to time limits for each
type of audit or advisory engagement (shown separately for
the Defense Contract Audit Agency and qualified private
auditors retained by the agency);
``(C) the time limit (expressed in days) for each type of
audit or advisory engagement, along with the shortest period,
longest period, and average period of actual performance
(shown separately for the Defense Contract Audit Agency and
qualified private auditors retained by the agency);
``(D) for pre-award audits and advisory engagements of
contractor costs, sustained costs as a total number and as a
percentage of total questioned costs, where questioned

[[Page S3378]]

costs are expressed as the impact on negotiable contract
costs (shown separately for the Defense Contract Audit Agency
and qualified private auditors retained by the agency);
``(E) for post-award audits and advisory engagements of
contractor costs, the questioned costs accepted by the
contracting officers and contractors as a total number and as
a percentage of total questioned costs, where questioned
costs are expressed as the impact on reimbursable contract
(shown separately for the Defense Contract Audit Agency and
qualified private auditors retained by the agency);''; and
(B) in subparagraph (H)--
(i) by inserting ``post-award'' after ``dollar value of'';
and
(ii) by striking ``submission'' and inserting ``proposal'';
(3) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (4), (5), (6), (7), and (9), respectively;
(4) by inserting after paragraph (2) the following new
paragraph:
``(3) A summary of the reasons for the difference between
questioned and sustained costs shown in the statistical
tables under paragraph (2).'';
(5) in paragraph (4) (as redesignated by paragraph (3) of
this subsection), by striking ``needed to improve the audit
process;'' and inserting ``needed by the Defense Contract
Audit Agency to improve the audit process or that would
enhance compliance with regulatory requirements.'';
(6) in paragraph (7) (as redesignated by paragraph (3) of
this subsection), by striking ``more effective use of audit
resources;'' and inserting ``contract compliance and
professional development of the Defense Contract Audit Agency
workforce (shown separately for collaborative outreach
actions and other outreach actions).''; and
(7) by inserting after paragraph (7) (as redesignated by
paragraph (3) of this subsection) the following new
paragraph:
``(8) A statistically representative survey of contracting
officers form Department of Defense buying commands, the
Defense Contract Management Agency, and small and large
business representatives from industry to measure the
timeliness and effectiveness of audit and advisory services
provided (shown separately for the Defense Contract Audit
Agency and qualified private auditors retained by the Defense
Contract Audit Agency).''.
(b) Conforming Amendments.--Subsection (a) of such section
is further amended--
(1) in the matter preceding paragraph (1), by striking
``shall include, at a minimum--'' and inserting ``shall
include the following:'';
(2) by capitalizing the first letter following the
paragraph designation in each of paragraphs (1), (2), (4),
(5), (6), (7), and (9); and
(3) by striking the semicolon at the end of each of
paragraphs (1), (2), (5), and (6) and inserting a period.
(c) Definitions.--Subsection (d)(1) of such section is
amended by striking ``qualified incurred cost submission''
and inserting ``qualified private auditor''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2020.
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