S.Amdt. 4324Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4324
Sponsored by
Sen. Susan M. Collins (R-ME)
Submitted November 4, 2021
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Senate amendment submitted
November 4, 2021
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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.''. ______