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

Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 821. PROVISIONS RELATING TO FIRE RESISTANT FIBER FOR PRODUCTION OF MILITARY UNIFORMS.

(a) Extension- Section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C. 2533a note) is amended in subsection (f) by striking `on the date that is five years after the date of the enactment of this Act' and inserting `on January 1, 2015'.

(b) Prohibition on Specification in Solicitations- No solicitation issued before January 1, 2015, by the Department of Defense may include a requirement that proposals submitted pursuant to such solicitation must include the use of fire resistant rayon fiber.

(c) Report Required-

(1) IN GENERAL- Not later than March 15, 2011, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the supply chain for fire resistant fiber for the production of military uniforms.

(2) ELEMENTS- The report required by paragraph (1) shall include, at a minimum, an analysis of the following:

(A) The current and anticipated sources of fire resistant rayon fiber for the production of military uniforms.

(B) The extent to which fire resistant rayon fiber has unique properties that provide advantages for the production of military uniforms.

(C) The extent to which the efficient procurement of fire resistant rayon fiber for the production of military uniforms is impeded by existing statutory or regulatory requirements.

(D) The actions the Department of Defense has taken to identify alternatives to fire resistant rayon fiber for the production of military uniforms.

(E) The extent to which such alternatives provide an adequate substitute for fire resistant rayon fiber for the production of military uniforms.

(F) The impediments to the use of such alternatives, and the actions the Department has taken to overcome such impediments.

(G) The extent to which uncertainty regarding the future availability of fire resistant rayon fiber results in instability or inefficiency for elements of the United States textile industry that use fire resistant rayon fiber, and the extent to which that instability or inefficiency results in less efficient business practices, impedes investment and innovation, and thereby results or may result in higher costs, delayed delivery, or a lower quality of product delivered to the Government.

(H) The extent to which any modifications to existing law or regulation may be necessary to ensure the efficient acquisition of fire resistant fiber or alternative fire resistant products for the production of military uniforms.

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 811. EXTENSION OF AUTHORITY TO PROCURE CERTAIN FIBERS; LIMITATION ON SPECIFICATION.

(a) Extension- Section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C. 2533a note) is amended in subsection (f) by striking `on the date that is five years after the date of the enactment of this Act' and inserting `on January 1, 2021'.

(b) Prohibition on Specification in Solicitations- No solicitation issued before January 1, 2021, by the Department of Defense may include a requirement that proposals submitted pursuant to such solicitation must include the use of fire resistant rayon fiber.

From S. 3454, National Defense Authorization Act for Fiscal Year 2011

SEC. 856. REPORT ON SUPPLY OF FIRE RESISTANT FIBER FOR PRODUCTION OF MILITARY UNIFORMS.

(a) Report Required- Not later than March 15, 2011, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the supply chain for fire resistant fiber for the production of military uniforms.

(b) Elements- The report required by subsection (a) shall include, at a minimum, an analysis of the following:

(1) The current and anticipated sources of fire resistant rayon fiber for the production of military uniforms.

(2) The extent to which fire resistant rayon fiber has unique properties that provide advantages for the production of military uniforms.

(3) The extent to which the efficient procurement of fire resistant rayon fiber for the production of military uniforms is impeded by existing statutory or regulatory requirements.

(4) The actions the Department of Defense has taken to identify alternatives to fire resistant rayon fiber for the production of military uniforms.

(5) The extent to which such alternatives provide an adequate substitute for fire resistant rayon fiber for the production of military uniforms.

(6) The impediments to the use of such alternatives, and the actions the Department has taken to overcome such impediments.

(7) The extent to which it would be practical and appropriate for the Department to use performance-based requirements for fire resistant fiber, rather than requiring the use of fire resistant rayon fiber, for the production of military uniforms.

(8) The extent to which any modifications to section 2533a of title 10, United States Code (commonly referred to as the `Berry amendment'), or section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C. 2533a note) may be necessary or advisable to ensure the efficient acquisition of fire resistant fiber for the production of military uniforms.

(9) The extent to which uncertainty regarding the future availability of fire resistant rayon results in instability or inefficiency for elements of the United States textile industry that utilize fire resistant rayon, and the extent to which that instability or inefficiency results in less efficient business practices, impedes investment and innovation, and thereby results or may result in higher costs, delayed delivery, or a lower quality of product delivered to the Government.

(c) Recommendations- The report required by subsection (a) shall include such recommendations for further actions to address the matters covered by the report as the Comptroller General considers appropriate.

Provisions relating to fire resistant fiber for production of military uniforms (sec. 821)

The House bill contained a provision (sec. 811) that would extend to 2021 the authority in section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110- 181) for the Department of Defense to procure fire resistant rayon fiber that is manufactured in a foreign country under certain circumstances.

The Senate committee-reported bill contained a provision (sec. 856) that would require a comprehensive study of the issue.

The agreement includes the House provision with an amendment that would extend the authority in section 829 for 2 years and require a comprehensive study of the issue.

From H. Rpt. 111-491, accompanying H. R. 5136, the NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

SECTION 811--EXTENSION OF AUTHORITY TO PROCURE CERTAIN FIBERS; LIMITATION ON SPECIFICATION

This section would amend section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) to extend the authority of the Secretary of Defense to procure fire-resistant rayon fiber for the production of uniforms. This section would also amend section 829 to prohibit the issuance of any solicitation which specifies the use of fire-resistant rayon fiber.

 From S. Rpt. 111-201, to accompany S. 3454, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

Report on supply of fire resistant fiber for production of military uniforms (sec. 856)

The committee recommends a provision that would require the Government Accountability Office to report to the Committees on Armed Services of the Senate and the House of Representatives on the supply chain for fire resistant fiber for the production of military uniforms.