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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A--Acquisition Policy and Management

P. L. 111-

House Conference Report 111-288

    Section 801(b) of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is amended by adding at the end the following new paragraph:

    ``(3) TREATMENT OF PROCUREMENTS UNDER JOINT PROGRAMS WITH INTELLIGENCE COMMUNITY.--For purposes of this subsection, a contract entered into by a non-defense agency that is an element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) for the performance of a joint program conducted to meet the needs of the Department of Defense and the non-defense agency shall not be considered a procurement of property or services for the Department of Defense through a non-defense agency.''.

   The Senate amendment contained a provision (sec. 814) that would exclude a contract entered into by a non-defense agency for the performance of a joint program conducted to meet the needs of both the Department of Defense and the non-defense agency from the prohibition in section 801(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181).

   The House bill contained no similar provision.

   The House recedes with an amendment that would limit the provision to contracts with non-defense agencies that are members of the intelligence community, as defined in section 401a of title 50, United States Code.

Senate Report 111-035 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

The committee recommends a provision that would clarify that a contract entered by a non-defense agency for the performance of a joint program conducted to meet the needs of the Department of Defense (DOD) and the non-defense agency shall not be considered a procurement of property or services for the Department of Defense through a non-defense agency, for the purposes of section 801(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 101-181), which limits the authority for such procurements. Section 801(b) of Public Law 101-181 is intended to address DOD use of contracts entered by other agencies to place orders for products or services needed by DOD. It is not intended to address cases in which DOD and another agency engage in joint programs to achieve purposes common to both agencies.