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

Subtitle G--Other Matters

P. L. 118-31

SEC. 873. PROGRAM AND PROCESSES RELATING TO FOREIGN ACQUISITION.

(a) Pilot Program for Combatant Command Use of Defense Acquisition Workforce Development Account.--Each commander of a geographic combatant command may use amounts from the Defense Acquisition Workforce Development Account established under section 1705 of title 10, United States Code, to hire not more than two members of the acquisition workforce (as defined in section 101 of such title) or contracting officers to advise the combatant command on the processes for foreign military sales authorized under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) and the Department of Defense security cooperation processes under chapter 16 of title 10, United States Code, for the purpose of facilitating the effective implementation of such processes.

(b) Industry Day.--

(1) In general.--Not later than March 1, 2024, and not less frequently than annually thereafter, the Secretary of Defense shall conduct an event to be known as the ``industry day''-- 

(A) to raise awareness and understanding among officials of foreign governments, covered embassy personnel, and representatives of the defense industrial base with respect to the role of the Department of Defense in implementing the foreign military sales process and the Department of Defense security cooperation process; and

(B) to raise awareness--

(i) within the private sector of the United States with respect to--

(I) foreign demand for United States weapon systems; and

(II) potential foreign industry partnering opportunities; and

(ii) among officials of foreign governments and covered embassy personnel with respect to potential United States materiel solutions for capability needs.

(2) Format.--In conducting each industry day under paragraph (1), the Secretary of Defense, to the extent practicable, shall seek to maximize participation by representatives of the defense industrial base and government officials while minimizing cost, by--

(A) ensuring that information provided at the industry day is unclassified;

(B) making the industry day publicly accessible through teleconference or other virtual means; and

C) posting any supporting materials on a publicly accessible internet website.

(3) Covered embassy personnel.--In this subsection, the term ``covered embassy personnel'' means personnel at United States diplomatic and consular posts and personnel of foreign missions located in the United States.

(c) Senior-level Industry Advisory Group.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with representatives of the defense industrial base, shall establish or designate senior-level individuals working in the defense industrial base to serve on an advisory group for the purpose of focusing on the role of the Department of Defense in the foreign military sales process and the Department of Defense security cooperation process. Such advisory group shall terminate on the date specified in subsection (f).

(d) Department of Defense Points of Contact for Foreign Military
Sales.--

(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each designate an individual to serve as a single point of contact--

(A) to coordinate information and outreach on Department of Defense implementation of the foreign military sales process; and
           

(B) to respond to inquiries from representatives of the defense industrial base and partner countries.

(2) Points of contact.--The Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each ensure that the contact information for each individual designated under paragraph (1) is publicized at each industry day conducted under subsection (b) and disseminated among the members of the advisory group established under subsection (c).

(3) Termination.--The responsibilities of each individual designated under paragraph (1) shall terminate on the date specified in subsection (f).

(e) Regional Theater Needs for Exportability.--Not later than July 1, 2024, and annually thereafter until the date specified in (f), the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the commander of each geographic combatant command, the Director of Strategy, Plans, and Policy on the Joint Staff, each Secretary of a military department, and the Secretary of State, shall provide to the Secretary of Defense a list of systems relating to research and development, procurement, or sustainment that would benefit from investment for exportability features in support of the security cooperation objectives of the regional theaters.

(f) Termination.--The requirements of and the authority under this section shall cease to have effect on December 31, 2028.

Sec. 873--Program and processes relating to foreign acquisition

The Senate amendment contained a provision (sec. 1076) that would improve the process of foreign acquisition of U.S. defense articles through: (1) A pilot program for combatant commands to hire acquisition specialists as advisors; (2) A foreign acquisition industry day; (3) A Department of Defense (DOD) senior-level industry advisory group; (4) Establishment of DOD points of contact for Foreign Military Sales; and (5) Establishment of combatant command needs for exportability.

The House bill contained no similar provision.

The House recedes with an amendment that would make various technical changes to each section of the Senate amendment.

S. Rept. 118-58

Program and processes relating to foreign acquisition (sec. 1076)

The committee recommends a provision to improve the process of forign acquisition of U.S. defense articles through: (1) A pilot program for combatant commands to hire acquisition specialists as advisors; (2) A foreign acquisition industry day; (3) A Department of Defense (DOD) senior-level industry advisory group; (4) Establishment of DOD points of contact for Foreign Military Sales; and (5) Establishment of combatant command needs for exportability.

Furthermore, the committee directs the Under Secretary of Defense for Acquisition and Sustainment, not later than October 30, 2023, to provide a briefing to the Committee on Armed Services of the Senate on the status of foreign military sales cases above $100.0 million that have a completed Letter of Agreement. The briefing will include the following: (1) A description of the actual or anticipated timeline associated with the issuance of a Request for Proposal to the prime contractor, submission of the prime contractor's initial proposal, and the date of contract award; (2) Whether or not the Defense Contract Audit Agency performed a review, and if so, the associated schedule; (3) Whether or not an undefinitized contract action was awarded, and if so, the schedule for definitization and details on work stoppages that may have occurred due to limitations on obligations; and (4) Whether or not certified cost or pricing data were required, and if so, the number of subcontractors at any tier providing certified cost or pricing data.