S.Amdt. 4324Senate117th Congress (2021-2023)2nd degree

S.Amdt. 4324

Submitted November 4, 2021

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Senate amendment submitted

November 4, 2021

Text

Submitted

SA 4324. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
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 E of title I, add the following:

SEC. 164. INCLUSION OF PROPOSALS FOR CANCELLATION OR CERTAIN
MODIFICATIONS OF MULTIYEAR CONTRACTS FOR
ACQUISITION OF PROPERTY IN DEPARTMENT OF
DEFENSE BUDGET JUSTIFICATION MATERIALS.

(a) In General.--Chapter 9 of title 10, United States Code,
is amended by adding at the end the following new section:

``Sec. 239c. Cancellation or certain modifications of
multiyear contracts for acquisition of property: inclusion
of proposals in budget justification materials

``(a) In General.--In the budget justification materials
submitted to Congress in support of the Department of Defense
budget for fiscal year 2023 and each fiscal year thereafter
(as submitted with the budget of the President under section
1105(a) of title 31), the Secretary of Defense shall include
a proposal for any contract of the Department entered into
under section 2306b of this title that--
``(1) the head of an agency intends to cancel; or
``(2) with respect to which the head of agency intends to
effect a covered modification.
``(b) Elements.--Each proposal required by subsection (a)
shall include the following:
``(1) A detailed assessment of expected termination costs
associated with the cancellation or covered modification of
the contract.
``(2) An updated assessment of estimated savings of
carrying out the planned multiyear procurement.
``(3) An explanation of the proposed use of previously
appropriated funds provided by Congress for advance
procurement or procurement of property that would be procured
under the multiyear contract.
``(4) An assessment of expected impacts to the industrial
base, including workload stability, loss of skilled labor,
and reduced efficiencies.
``(c) Definitions.--In this section:
``(1) The term `covered modification' means a modification
that will result in a reduction in the quantity of end items
to be procured.
``(2) The term `head of an agency' means--
``(A) the Secretary of Defense;
``(B) the Secretary of the Army;
``(C) the Secretary of the Navy; or
``(D) the Secretary of the Air Force.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by adding at
the end the following new item:

``239c. Cancellation or certain modifications of multiyear contracts
for acquisition of property: inclusion of proposals in
budget justification materials.''.
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