SEC. 804. DEFENSE MODERNIZATION ACCOUNT AMENDMENTS.
(a) Funds Available for Account.--Section 2216(b)(1) of
title 10, United States Code, is amended by striking
``commencing''.
(b) Transfers to Account.--Section 2216(c) of such title is
amended--
(1) in paragraph (1)(A)--
(A) by striking ``or the Secretary of
Defense with respect to Defense-wide
appropriations accounts'' and inserting ``, or
the Secretary of Defense with respect to
Defense-wide appropriations accounts,''; and
(B) by striking ``that Secretary'' and
inserting ``the Secretary concerned'';
(2) in paragraph (1)(B)--
(A) by inserting after ``following funds''
the following: ``that have been appropriated
for fiscal years after fiscal year 2016 and
are'';
(B) in clause (i)--
(i) by striking ``for procurement''
and inserting ``for new obligations'';
(ii) by striking ``a particular
procurement'' and inserting ``an
acquisition program''; and
(iii) by striking ``that
procurement'' and inserting ``that
program'';
(C) by striking clause (ii); and
(D) by redesignating clause (iii) as clause
(ii);
(3) in paragraph (2)--
(A) by striking ``, other than funds
referred to in subparagraph (B)(iii) of such
paragraph,''; and
(B) by striking ``if--'' and all that
follows through ``(B) the balance of funds''
and inserting ``if the balance of funds'';
(4) in paragraph (3)--
(A) by striking ``credited to'' both
places it appears and inserting ``deposited in''; and
(B) by inserting ``and obligation''
after ``available for transfer''; and
(5) by striking paragraph (4).
(c) Authorized Use of Funds.--Section 2216(d) of such title
is amended--
(1) in paragraph (1)--
(A) by striking ``commencing''; and
(B) by striking ``Secretary of Defense''
and inserting ``Secretary concerned'';
(2) in paragraph (2), by striking ``a procurement
program'' and inserting ``an acquisition program'';
(3) by amending paragraph (3) to read as follows:
``(3) For research, development, test, and
evaluation, for procurement, and for sustainment
activities necessary for paying costs of unforeseen
contingencies that are approved by the milestone
decision authority concerned, that could prevent an
ongoing acquisition program from meeting critical
schedule or performance requirements.''; and
(4) by inserting at the end the following new
paragraph:
``(4) For paying costs of changes to program
requirements or system configuration that are approved
by the configuration steering board for a major defense
acquisition program.''.
(d) Limitations.--Section 2216(e) of such title is
amended--
(1) in paragraph (1), by striking ``procurement
program'' both places it appears and inserting
``acquisition program''; and
(2) in paragraph (2), by striking ``authorized
appropriations'' and inserting ``authorized
appropriations, unless the procedures for initiating a
new start program are complied with''.
(e) Transfer of Funds.--Section 2216(f)(1) of such title is
amended by striking ``Secretary of Defense'' and inserting
``Secretary of a military department, or the Secretary of
Defense with respect to Defense-wide appropriations
accounts,''.
(f) Availability of Funds by Appropriation.--Section
2216(g) of such title is amended--
(1) by striking ``in accordance with the provisions
of appropriations Acts''; and
(2) by adding at the end the following: ``Funds
deposited in the Defense Modernization Account shall
remain available for obligation until the end of the
third fiscal year that follows the fiscal year in which
the amounts are deposited in the account.''.
(g) Secretary to Act Through Comptroller.--Section
2216(h)(2) of such title is amended--
(1) by redesignating subparagraphs (A), (B), and
(C) as subparagraphs (B), (C), and (D), respectively;
(2) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):
``(A) the establishment and management of subaccounts for each of the military
departments and Defense Agencies concerned for
the use of funds in the Defense Modernization
Account, consistent with each military
department's or Defense Agency's deposits in
the Account;'';
(3) in subparagraph (C), as so redesignated, by
inserting ``and subaccounts'' after ``Account''; and
(4) in subparagraph (D), as so redesignated, by
striking ``subsection (c)(1)(B)(iii)'' and inserting
``subsection (c)(1)(B)(ii)''.
(h) Definitions.--Paragraph (1) of
section 2216(i) of such title is amended to read as follows:
``(1) The term `major defense
acquisition program' has the meaning given the term in section
2430(a) of this title.''.
(j) Expiration of Authority.--Section
2216(j)(1) of such title is amended by striking ``terminates at
the close of September 30, 2006'' and inserting ``terminates at
the close of September 30, 2022''.
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Defense Modernization Account amendments (sec. 804)
The Senate bill contained a provision (sec. 899B) that
would amend section 2216 of title 10, United States Code, to
clarify authorizations for the Defense Modernization Account.
The House amendment contained no similar provision.
The House recedes with an amendment that would exclude the
transfer of funds that support installations and facilities to
the Defense Modernization Account. The amendment would set a
$1.0 billion limit on the total balance of the account and
require that an acquisition program milestone decision authority
approve the use of funds in the account. The amendment would
also require that subaccounts be established for each of the
military departments and defense agencies that deposit and use
funds in the account. |