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

Subtitle E--Other Matters

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. 848. CONTRACTOR LOGISTICS SUPPORT OF CONTINGENCY OPERATIONS.

(a) Defense Science Board Review of Organization, Training, and Planning- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a review of Department of Defense organization, doctrine, training, and planning for contractor logistics support of contingency operations.

(b) Matters To Be Addressed-

(1) IN GENERAL- The matters addressed by the review required by subsection(a) shall include, at a minimum, the following:

(A) Department of Defense policies and procedures for planning for contractor logistics support of contingency operations.

(B) Department organization and staffing for the implementation of such policies and procedures.

(C) The development of Department doctrine for contractor logistics support of contingency operations.

(D) The training of Department military and civilian personnel for the planning, management, and oversight of contractor logistics support of contingency operations.

(E) The extent to which the Department should rely upon contractor logistics support in future contingency operations, and the risks associated with reliance on such support.

(F) Any logistics support functions for contingency operations for which the Department should establish or retain an organic capability.

(G) The scope and level of detail on contractor logistics support of contingency operations that is currently included in operational plans, and that should be included in operational plans.

(H) Contracting mechanisms and contract vehicles that are currently used, and should be used, to provide contractor logistics support of contingency operations.

(I) Department organization and staffing for the management and oversight of contractor logistics support of contingency operations.

(J) Actions that could be taken to improve Department management and oversight of contractors providing logistics support of contingency operations.

(K) The extent to which logistics support of contingency operations has been, and should be, provided by subcontractors, and the advantages and disadvantages of reliance upon subcontractors for that purpose.

(L) The extent to which logistics support of contingency operations has been, and should be, provided by local nationals and third country nationals, and the advantages and disadvantages of reliance upon such sources for that purpose.

(2) FINDINGS AND RECOMMENDATIONS- The review required by subsection (a) shall include findings and recommendations related to--

(A) legislative or policy guidance to address the matters listed in paragraph (1); and

(B) whether and to what extent the quadrennial defense review (conducted pursuant to section 118 of title 10, United States Code) or assessments by the Chairman of the Joint Chiefs of Staff for the biennial review of the national military strategy (conducted pursuant to section 153(d) of such title) should be required to address requirements for contractor support of the Armed Forces in conducting peacetime training, peacekeeping, overseas contingency operations, and major combat operations, and the risks associated with such support.

(c) Report- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the review required by subsection (a). The report shall include the findings and recommendations of the Defense Science Board, including such recommendations for legislative or administrative action as the Board considers appropriate, together with any comments the Secretary considers appropriate.

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

SEC. 857. CONTRACTOR LOGISTICS SUPPORT OF CONTINGENCY OPERATIONS.

(a) Defense Science Board Review of Organization, Training, and Planning-

(1) REVIEW- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a review of Department of Defense organization, doctrine, training, and planning for contractor logistics support of contingency operations.

(2) MATTERS TO BE ADDRESSED- The matters addressed by the review required by paragraph (1) shall include, at a minimum, the following:

(A) Department of Defense policies and procedures for planning for contractor logistics support of contingency operations.

(B) Department organization and staffing for the implementation of such policies and procedures.

(C) The development of Department doctrine for contractor logistics support of contingency operations.

(D) The training of Department military and civilian personnel for the planning, management, and oversight of contractor logistics support of contingency operations.

(E) The extent to which the Department should rely upon contractor logistics support in future contingency operations, and the risks associated with reliance on such support.

(F) Any logistics support functions for contingency operations for which the Department should establish or retain an organic capability.

(G) The scope and level of detail on contractor logistics support of contingency operations that is currently included in operational plans, and that should be included in operational plans.

(H) Contracting mechanisms and contract vehicles that are currently used, and should be used, to provide contractor logistics support of contingency operations.

(I) Department organization and staffing for the management and oversight of contractor logistics support of contingency operations.

(J) Actions that could be taken to improve Department management and oversight of contractors providing logistics support of contingency operations.

(K) The extent to which logistics support of contingency operations has been, and should be, provided by subcontractors, and the advantages and disadvantages of reliance upon subcontractors for that purpose.

(L) The extent to which logistics support of contingency operations has been, and should be, provided by local nationals and third country nationals, and the advantages and disadvantages of reliance upon such sources for that purpose.

(3) REPORT- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the result of the review required by paragraph (1). The report shall include the findings and recommendations of the Defense Science Board pursuant to the review, including such recommendations for legislative or administrative action as the Board considers appropriate, together with any comments the Secretary considers appropriate.

(b) Inclusion of Contractor Support Requirements in Planning Documents-

(1) ELEMENTS IN QDR REPORTS TO CONGRESS- Section 118(d) of title 10, United States Code, is amended--

(A) in paragraph (4)--

(i) in subparagraph (D), by striking `and' at the end;

(ii) in subparagraph (E), by striking the period at the end and inserting `; and'; and

(iii) by adding at the end the following new subparagraph:

`(F) the roles and responsibilities that would be discharged by contractors.';

(B) in paragraph (6), by striking `manpower and sustainment' and inserting `manpower, sustainment, and contractor support'

(C) in paragraph (8), by inserting `, and the scope of contractor support,' after `Defense Agencies'

(2) CHAIRMAN OF JOINT CHIEFS OF STAFF ASSESSMENTS OF CONTRACTOR SUPPORT OF ARMED FORCES-

(A) ASSESSMENTS UNDER CONTINGENCY PLANNING- Paragraph (3) of subsection (a) of section 153 of such title is amended--

(i) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and

(ii) by inserting after subparagraph (B) the following new subparagraph (C):

`(C) Identifying the support functions that are likely to require contractor performance under such contingency plans, and the risks associated with the assignment of such functions to contractors.'.

(B) ASSESSMENTS UNDER ADVICE ON REQUIREMENTS, PROGRAMS, AND BUDGET- Paragraph (4)(E) of such subsection is amended by inserting `and contractor support' after `area of manpower'.

(C) ASSESSMENTS FOR BIENNIAL REVIEW OF NATIONAL MILITARY STRATEGY- Subsection (d) of such section is amended--

(i) in paragraph (2), by adding at the end the following new subparagraph:

`(J) Assessment of the requirements for contractor support of the armed forces in conducting peacetime training, peacekeeping, overseas contingency operations, and major combat operations, and the risks associated with such support.'; and

(ii) in paragraph (3)(B), by striking `and the levels of support from allies and other friendly nations' and inserting `the levels of support from allies and other friendly nations, and the levels of contractor support'.

The Senate committee-reported bill contained a provision (sec. 857) that would require the Defense Science Board (DSB) to conduct a comprehensive review of issues arising in contractor logistics support of contingency operations. The provision would also require that the Quadrennial Defense Review (QDR) and other military planning documents address the expected roles and responsibilities of contractors in military operations.

The House bill contained no similar provision.

The agreement includes the Senate provision with an amendment requiring the DSB to conduct a comprehensive review of the full range of issues arising in contractor logistics support of contingency operations, including the extent to which the QDR and other military planning documents should address the roles and responsibilities of contractors.

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

Contractor logistics support of contingency operations (sec. 857)

The committee recommends a provision that would require the Defense Science Board to carry out a comprehensive review of Department of Defense (DOD) organization, doctrine, training, and planning for contractor logistics support of contingency operations. The provision would also require that the Quadrennial Defense Review and other military planning documents address the expected roles and responsibilities of contractors in military operations and associated risks.

DOD's operations in Iraq and Afghanistan have relied on contractor logistics support to an unprecedented degree. In Iraq, the U.S. has maintained roughly equal numbers of contractor personnel and military forces, although the military force has been drawn down more rapidly than the contractor force over the last year. In Afghanistan, contractors have consistently outnumbered military forces, with 104,000 DOD contractor personnel supporting 64,000 troops as of September 2009.

Because the Department's use of contractor logistics support has reduced costs, increased efficiency, and enabled military forces to focus on warfighting efforts, it appears likely that the United States will continue to rely heavily upon such support in future conflicts. In too many cases, however, such reliance has been driven by day-to-day military needs without adequate consideration to organizational and doctrinal issues. As a result, the Department faces a series of difficult questions about the reliance on contractors in future conflicts. For example:

Are there logistics functions that should be performed by government personnel?

Are there types of military operations in which it would be inappropriate to rely so extensively on contractor logistics support?

What organic capabilities does the Department need to support such functions or operations?

Should the Department rely on a single logistics contractor to manage support operations, or contract directly with a number of support contractors?

How should the Department structure itself to ensure proper management and oversight of contractor personnel on the battlefield?

To what extent should the Department rely upon local nationals, and third-country nationals, to provide logistics support?

What level of detail on contractor logistics support should be included in operational plans for contingency operations?

What steps should the Department take to ensure that an appropriate level of contracting expertise is available to the officials responsible for developing such plans?

The committee believes that a systematic review is needed to ensure that the Department's organization, doctrine, training, and planning for contractor logistics support can help shape the appropriate use of contractor logistics support in future conflicts.