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

P. L. 108-375

House Conference Report 108-767

SEC. 852.  INAPPLICABILITY OF CERTAIN FISCAL LAWS TO SETTLEMENTS UNDER SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY.

Section 804(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1541) is amended —

(1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY.— ’’; and

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

     ‘‘(2) Under regulations which the Secretary of Defense may prescribe, a settlement of a financial account for a contract for the procurement of property or services under paragraph (1) may be made without regard to —

      ‘‘(A) section 1301 of title 31, United States Code; and

     ‘‘(B) any other provision of law that would preclude the Secretary from charging payments under the contract —

‘‘(i) to an unobligated balance in an appropriation available for funding that contract; or

‘‘(ii) if and to the extent that the unobligated balance (if any) in such appropriation is insufficient for funding such payments, to any current appropriation that is available to the Department of Defense for funding contracts for the procurement of the same or similar property or services.’’.

The Senate amendment contained a provision (sec. 861) that would clarify the authority to settle financial accounts for old contracts that have unreconciled balances of less than $100,000 under section 804 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136).

The House bill contained no similar provision. 

The House recedes.