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

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

P. L. 116-92

House Conference Report 116-333

(1) in subsection (b)--

(A) by striking the period at the end and inserting ``; and'';

(B) by striking ``shall analyze'' and inserting the following: ``shall--

``(1) analyze''; and

(C) by adding at the end the following new
paragraph:

``(2) make the data collected under subsection (a)
accessible to any official designated by the Secretary
of Defense for inclusion by such official in relevant
reports made by such official.''; and

(2) by amending subsection (c) to read as follows:

``(c) Report Required.--

``(1) In general.--Not later than December 31, 2019, and annually thereafter through December 31, 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the use of
other transaction authority to carry out prototype projects during the preceding fiscal year. Each report shall summarize the data collected under subsection (a) on the nature and extent of each such use of the authority, including a description--

``(A) of the participants to an agreement entered into pursuant to the authority of subsection (a) of section 2371b of title 10, United States Code, or a follow-on contract or transaction entered into pursuant to the authority of subsection (f) of such section;

``(B) of the quantity of prototype projects to be produced pursuant to such an agreement, follow-on contract, or transaction;

``(C) of the amount of payments made pursuant to each such agreement, follow-on contract, or transaction;

``(D) of the purpose, description, and status of prototype projects carried out pursuant to each such agreement, follow-on contract, or transaction; and

``(E) including case examples, of the successes and challenges with using the authority of such subsection (a) or (f).

``(2) Form of report.--A report required under this subsection shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.''.

The House amendment contained a provision (sec. 826) that would amend section 2371b of title 10, United States Code, to add a requirement for the Secretary of Defense to report annually to the congressional defense committees on the use other transaction authority.

The Senate bill contained no similar provision.

The Senate recedes with an amendment that would revise section 873 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-323) to
extend the requirement to 2023 and require data on the use of other transactions are accessible to any official designated by the Secretary of Defense.

House Report 116-120

Section 826--Annual Reports on Authority to Carry Out Certain Prototype Projects

This section would amend section 2371b of title 10, United States Code, by adding a new section requiring the Secretary of Defense to annually submit a report to the congressional defense committees on the activity carried out under the authority to use other transaction authorities for prototype projects and any deviations from implementing guidance.