P. L. 118-31

SEC. 853. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSISTANCE PROGRAM.

(a) Definitions.--Section 4951 of title 10, United States Code, is
amended--

(1) in paragraph (1)(C), by striking ``private, nonprofit organization'' and inserting ``nonprofit organization''; and

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

``(5) The term `business entity' means a corporation, association, partnership, limited liability company, limited liability partnership, consortia, not-for-profit, or other legal entity.''.

(b) Cooperative Agreements.--Section 4954 of title 10, United States Code, is amended--

(1) in subsection (b)--

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B);

(B) by inserting ``(1)'' before ``Under''; and

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

``(2) The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program.'';

(2) by striking subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e); and

(3) by inserting after subsection (e), as redesignated by paragraph (2), the following new subsection:

``(f) Waiver of Government Cost Share Restriction.--If the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b).  The Secretary shall submit to the congressional defense committees a written justification for such determination.''.

(c) Authority to Provide Certain Types of Technical Assistance.--  Section 4958(c) of title 10, United States Code, is amended--

(1) in paragraph (1), by striking ``; and'' and inserting a     semicolon;

(2) in paragraph (2), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following new paragraphs:

``(3) under clause 252.204-7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on    compliance with those requirements (and any successor requirements); and

``(4) under section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements).''. 

Sec. 853--Modifications to the Procurement Technical Assistance Program

The House bill contained a provision (sec. 864) that would modify section 4951 of title 10, United States Code, to clarify eligible entities and types of agreements for use in the procurement technical assistance program.

The Senate amendment contained a similar provision (sec. 847).

The House recedes.

H. Rept. 118-125

Section 864--Modifications to the Procurement Technical Assistance Cooperative Agreement Program

This section would amend the Technical Assistance Program statute.

S. Rept. 118-58

Modifications to the Procurement Technical Assistance Program (sec. 847)

The committee recommends a provision that would amend section 4951 of title 10, United States Code, to make technical updates to Chapter 388 of title 10, Untied States Code, to improve the execution of the Procurement Technical Assistance Program, also known as the APEX Accelerators.