National Defense Authorization Act for 2007 Analysis

Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (P. L. 110-417) Analysis of Contracting Related Sections
Senate Armed Services Committee Report 110-335 House Armed Services Committee Report 110-652 Rep. Waxman's Comments and Summary on the The Clean Contracting Act of 2008 Statement of The President on signing S. 3001. Also See: House Report 110-596 that accompanied the proposed Contractors and Federal Spending Accountability Act of 2008 *NOTE*: The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 did not include a House and Senate Conference. As a result, there was no Conference Report to explain the disposition of differences between House and Senate Versions. Please read "Using the DHNDAA 2009 Pages" below for an understanding of this note.
	*Using the DHNDAA 2009 Pages*
TITLE I—PROCUREMENT
Subtitle D—Air Force Programs
SEC. 133. Reports on KC-(X) Tanker Aircraft Requirements.
TITLE III—OPERATION AND MAINTENANCE
Subtitle C—Workplace and Depot Issues
Sec. 321. Comprehensive analysis and development of single Government-wide definition of inherently governmental function and criteria for critical functions.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A — Acquisition Policy and Management
Sec. 801. Assessment of urgent operational needs fulfillment.
Sec. 802. Implementation of statutory requirements regarding the national technology and industrial base.
Sec. 803. Commercial software reuse preference.
Sec. 804. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.
Subtitle B — Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Inclusion of major subprograms to major defense acquisition programs under acquisition reporting requirements.
Sec. 812. Inclusion of certain major information technology investments in acquisition oversight authorities for major automated information system programs.
Sec. 813. Transfer of sections of title 10 relating to Milestone A and Milestone B for clarity.
Sec. 814. Configuration steering boards for cost control under major defense acquisition programs.
Sec. 815. Preservation of tooling for major defense acquisition programs.
Subtitle C — Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 821. Definition of system for Defense Acquisition Challenge Program.
Sec. 822. Technical data rights.
Sec. 823. Revision to the application of Cost Accounting Standards.
Sec. 824. Modification and extension of pilot program for transition to follow-on contracts under authority to carry out certain prototype projects.
Sec. 825. Clarification of status of Government rights in the designs of Department of Defense vessels, boats, craft, and components thereof.
Subtitle D — Provisions Relating to Acquisition Workforce and Inherently Governmental Functions
Sec. 831. Development of guidance on personal services contracts.
Sec. 832. Sense of Congress on performance by private security contractors of certain functions in an area of combat operations.
Sec. 833. Acquisition workforce expedited hiring authority.
Sec. 834. Career path and other requirements for military personnel in the acquisition field.
Subtitle E — Department of Defense Contractor Matters
Sec. 841. Ethics safeguards related to contractor conflicts of interest.
Sec. 842. Information for Department of Defense contractor employees on their whistleblower rights.
Sec. 843. Requirement for Department of Defense to adopt an acquisition strategy for Defense Base Act insurance.
Sec. 844. Report on use of off-shore subsidiaries by defense contractors.
Sec. 845. Defense industrial security.
Subtitle F — Matters Relating To Iraq and Afghanistan
Sec. 851. Clarification and modification of authorities relating to the Commission on Wartime Contracting in Iraq and Afghanistan.
Sec. 852. Comprehensive audit of spare parts purchases and depot overhaul and maintenance of equipment for operations in Iraq and Afghanistan.
Sec. 853. Additional matters required to be reported by contractors performing security functions in areas of combat operations.
Sec. 854. Additional contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel in Iraq and Afghanistan.
Sec. 855. Suspension of statutes of limitations when Congress authorizes the use of military force.
Subtitle G — Governmentwide Acquisition Improvements
Sec. 861. Short title. This subtitle may be cited as the Clean Contracting Act of 2008.
Sec. 862. Limitation on length of certain noncompetitive contracts.
Sec. 863. Requirements for purchase of property and services pursuant to multiple award contracts.
Sec. 864. Regulations on the use of cost-reimbursement contracts.
Sec. 865. Preventing abuse of interagency contracts.
Sec. 866. Limitations on tiering of subcontractors.
Sec. 867. Linking of award and incentive fees to acquisition outcomes.
Sec. 868. Minimizing abuse of commercial services item authority.
Sec. 869. Acquisition workforce development strategic plan.
Sec. 870. Contingency Contracting Corps.
Sec. 871. Access of Government Accountability Office to contractor employees.
Sec. 872. Database for Federal agency contract and grant officers and suspension and debarment officials.
Sec. 873. Role of Interagency Committee on Debarment and Suspension.
Sec. 874. Improvements to the Federal procurement data system.
Subtitle H — Other Matters
Sec. 881. Expansion of authority to retain fees from licensing of intellectual property.
Sec. 882. Report on market research.
Sec. 883. Report relating to munitions.
Sec. 884. Motor carrier fuel surcharges.
Sec. 885. Procurement by State and local governments of equipment for homeland security and emergency response activities through the Department of Defense.
Sec. 886. Review of impact of covered subsidies on acquisition of KC-45 aircraft.
Sec. 887. Report on the implementation of earned value management at the Department of Defense.
TITLE IX — DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle B — Space Activities
Sec. 912. Investment and acquisition strategy for commercial satellite capabilities.
TITLE X — GENERAL PROVISIONS
Subtitle A — Financial Matters
Sec. 1003. Management of purchase cards.
Subtitle D — Miscellaneous Authorities and Limitations
Sec. 1033. Minimum annual purchase requirements for charter air transportation services from carriers participating in the Civil Reserve Air Fleet.
Subtitle F — Other Matters
Sec. 1057. Sense of Congress on interrogation of detainees by contractor personnel.
Title XII — MATTERS RELATING TO FOREIGN NATIONS
Subtitle C — Matters Relating to Iraq and Afghanistan
Sec. 1233. Review of security risks of participation by defense contractors in certain space activities of the People's Republic of China.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2805. Improved oversight and accountability for military housing privatization initiative projects.

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