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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle D—Total Force Management

P. L. 112-81

House Conference Report 112-329

Section 2461(a)(5) of title 10, United States Code, is amended--

(1) in subparagraph (E)--

(A) by striking `, begins' and inserting `shall be conducted in accordance with guidance and procedures that shall be issued and maintained by the Under Secretary of Defense for Personnel and Readiness and shall begin';

(B) by inserting after `the date on which' the following: `a component of';

(C) by inserting `first' before `obligates';

(D) by inserting `specifically' after `funds';

(E) by inserting `for the preliminary planning effort' after `support'; and

(F) in clause (i), by inserting `a public-private' before `competition'; and

(2) in subparagraph (F)--

(A) by inserting `or Defense Agency' after `military department';

(B) by striking `of such date' and inserting `of the actions intended to be taken during the preliminary planning process';

(C) by inserting `of such actions' after `public notice';

(D) by inserting after `website' the following: `and through other means as determined necessary'; and

(E) by striking `Such date is the first day of preliminary planning for a public-private competition for' and inserting `The date of such announcement shall be used for'.

The House bill contained a provision (sec. 938) that would amend section 2461 of title 10, United States Code, to clarify when `preliminary planning' begins for the purpose of public-private competitions governed by that provision.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

House Report 112-078

SECTION 938--PRELIMINARY PLANNING FOR DEPARTMENT OF DEFENSE PUBLIC-PRIVATE COMPETITIONS

This section would amend section 2461 of title 10, United States Code, to place the responsibility to issue and maintain guidance and procedures for preliminary planning for public-private competitions with the Under Secretary of Defense for Personnel and Readiness. Currently all elements of public-private competitions are the responsibility of the Under Secretary of Defense for Acquisition, Technology, and Logistics. However, the committee believes that preliminary planning for public-private competitions should include an increased and more active role for the manpower and personnel communities, which have greater expertise in determining manpower requirements, whether military, civilian, or contractor personnel. While the committee believes that the manpower and personnel communities should remain actively engaged throughout the entirety of the process, the conduct of the acquisition component of the competition remains the responsibility of the Under Secretary of Defense for Acquisition, Technology, and Logistics, which has the requisite acquisition expertise. However, the committee recommends the Under Secretary of Defense for Acquisition, Technology, and Logistics realign responsibility for public-private competitions from the Deputy Under Secretary for Installations and Environment to the Director for Defense Procurement and Acquisition Policy.