S.Amdt. 6050

1. Adds SEC. 1239. TEMPORARY AUTHORIZATIONS RELATED TO UKRAINE AND OTHER MATTERS at the end of subtitle C of title XII

   Adds a section

   In S.Amdt. 5499 as proposed

   (E) support energy diversification efforts across the Euro-Atlantic region to reduce the dependency on energy from the Russian Federation.

   Inserted: SEC. 1239. TEMPORARY AUTHORIZATIONS RELATED TO UKRAINE AND OTHER MATTERS.

   Inserted: (a) Temporary Authorizations for Covered Agreements Related to Ukraine.--

   Inserted: (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--

   Inserted: (A) to build the stocks of critical munitions of the Department;

   Inserted: (B) to provide materiel and related services to foreign allies and partners that have provided support to the Government of Ukraine; and

   Inserted: (C) to provide materiel and related services to the Government of Ukraine.

   Inserted: (2) Public interest.--

   Inserted: (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.

   Inserted: (B) Procedures.--Notwithstanding the provisions of subsection (a)(7) of section 3204 of title 10, United States Code, with respect to a covered agreement--

   Inserted: (i) the Secretary of Defense may delegate the authority under that subsection to an officer or employee who--

   Inserted: (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

   Inserted: (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

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   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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--

   Inserted: (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

   Inserted: (B) contracts awarded by the Department of Defense to provide materiel directly to the Government of Ukraine.

   Inserted: (6) Temporary exemption from certified cost and pricing data requirements.--

   Inserted: (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.

   Inserted: (B) Use of exemption.--The following shall apply to an exemption under subparagraph (A):

   Inserted: (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.

   Inserted: (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, including those for quantity differences or relevant, applicable economic indices.

   Inserted: (C) Application.--An exemption under subparagraph (A) shall apply to subcontracts under prime contracts that are exempt under this paragraph.

   Inserted: (7) Termination of temporary authorizations.--The provisions of this subsection shall terminate on September 30, 2024.

   Inserted: (b) Modification of Cooperative Logistic Support Agreements: NATO Countries.--Section 2350d of title 10, United States Code, is amended--

   Inserted: (1) in the section heading, by striking "logistic support" and inserting "acquisition and logistics support";

   Inserted: (2) in subsection (a)--

   Inserted: (A) in paragraph (1)--

   Inserted: (i) in the matter preceding subparagraph (A), by striking "logistics support" and inserting "acquisition and logistics support"; and

   Inserted: (ii) in subparagraph (B), by striking "logistic support" and inserting "acquisition and logistics support"; and

   Inserted: (B) in paragraph (2)(B), by striking "logistics support" and inserting "armaments and logistics support"; and

   Inserted: (3) in subsection (b)--

   Inserted: (A) in the matter preceding paragraph (1), by striking "Partnership Agreement" and inserting "Partnership Agreement or Arrangement";

   Inserted: (B) in paragraph (1)--

   Inserted: (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

   Inserted: (ii) by striking "supply and acquisition are appropriate" and inserting "supply, services, support, and acquisition are appropriate"; and

   Inserted: (C) in paragraph (2), by striking "logistics support" each place it appears and inserting "acquisition and logistics support".

   Inserted: (c) Contract Authority.--

   Inserted: (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--

   Inserted: (A) 750,000 XM1128 and XM1123 (155mm rounds);

   Inserted: (B) 30,000 AGM-114 Hellfire;

   Inserted: (C) 36,000 AGM-179 Joint Air-to-Ground Missiles (JAGM);

   Inserted: (D) 700 M142 High Mobility Artillery Rocket Systems (HIMARS);

   Inserted: (E) 6,000 MGM-140 Army Tactical Missile Systems (ATACMS);

   Inserted: (F) 1,000 Harpoons;

   Inserted: (G) 800 Naval Strike Missiles;

   Inserted: (H) 100,000 Guided Multiple Launch Rocket Systems (GMLRS);

   Inserted: (I) 10,000 PATRIOT Advanced Capability - 3 (PAC-3) Missile Segment Enhancement (MSE);

   Inserted: (J) 20,000 FIM-92 Stinger;

   Inserted: (K) 25,000 FGM-148 Javelin;

   Inserted: (L) 20,000 AIM-120 Advanced Medium-Range Air-to-Air Missile (AMRAAM); and

   Inserted: (M) 1,000 M777 Howitzer.

   Inserted: (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.

   Inserted: (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:

   Inserted: (A) The use of such a contract is consistent with the projected force structure requirements for such program.

   Inserted: (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--

   Inserted: (i) the estimated end cost and appropriated funds by fiscal year, by system, without the authority provided in paragraph (1);

   Inserted: (ii) the estimated end cost and appropriated funds by fiscal year, by system, with the authority provided in paragraph (1);

   Inserted: (iii) the estimated cost savings or increase by fiscal year, by system, with the authority provided in paragraph (1);

   Inserted: (iv) the discrete actions that will accomplish such cost savings or avoidance; and

   Inserted: (v) the contractual actions that will ensure the estimated cost savings are realized.

   Inserted: (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.

   Inserted: (D) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.

   Inserted: (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.

   Inserted: (F) The use of such a contract will promote the national security of the United States.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Original wording

   At the end of subtitle C of title XII, add the following:

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As printed