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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

    (a) Policy.--It shall be the policy of the Department of Defense that facilities, infrastructure, and equipment that are intended for use by military or civilian personnel of the Department in current or future military operations should be inspected for safety and habitability prior to such use, and that such facilities should be brought into compliance with generally accepted standards for the safety and health of personnel to the maximum extent practicable and consistent with the requirements of military operations and the best interests of the Department of Defense, to minimize the safety and health risk posed to such personnel.

    (b) Requirements.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall--

    (1) ensure that each contract or task or delivery order entered into for the construction, installation, repair, maintenance, or operation of facilities for use by military or civilian personnel of the Department complies with the policy established in subsection (a);

    (2) ensure that contracts entered into prior to the date that is 60 days after the date of the enactment of this Act comply with such policy to the maximum extent practicable;

    (3) define the term ``generally accepted standards'' with respect to fire protection, structural integrity, electrical systems, plumbing, water treatment, waste disposal, and telecommunications networks for the purposes of this section; and

    (4) provide such exceptions and limitations as may be needed to ensure that this section can be implemented in a manner that is consistent with the requirements of military operations and the best interests of the Department of Defense.

   The Senate amendment contained a provision (sec. 835) that would require the Department of Defense (DOD) to establish appropriate health and safety standards for incorporation into contracts for the construction, installation, repair, maintenance, and operation of expeditionary facilities for use by military or civilian personnel of the Department in current and future military operations overseas.

   The House bill contained no similar provision.

   The House recedes with an amendment that would ensure that DOD has the flexibility needed to address health and safety issues in a manner that is consistent with the requirements of military operations and the best interests of the Department of Defense.

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

The committee recommends a provision that would require the Department of Defense (DOD) to establish appropriate safety standards for incorporation into contracts for the construction, installation, repair, maintenance, and operation of expeditionary facilities for use by military or civilian personnel of the Department in current and future military operations overseas.

Over the last 5 years a number of service members have died as a result of faulty electrical wiring in facilities in Iraq. In January 2008, this problem came to the public's attention when a staff sergeant was electrocuted in the shower. Since that time, the committee has learned of extensive problems with electrical wiring in contractor-provided facilities in Iraq. Some of these problems are the result of DOD's failure to conform to a single standard in wiring buildings; some are the result of poor workmanship; and others are the result of the use of flawed pre-war electrical systems.

The Army is working to address these problems by developing a common standard for wiring in U.S. facilities in Iraq; bringing on a new team of inspectors, master electricians, and fire safety specialists to help assess the scope of the problem with existing wiring; and directing the contractor to correct the deficiencies identified.

The committee believes that many of the electrical hazards that the U.S. military has experienced in Iraq could have been avoided if the Department had addressed this issue more systematically from the outset.