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

Subtitle E—Other Matters

JWNDAA Section

House Conference Report 109-702

SEC. 855. CLARIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.

Section 845(a) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--

(1) in paragraph (2)(A), by inserting `or, for the Defense Advanced Projects Agency or the Missile Defense Agency, the director of the agency' after `(41 U.S.C. 414(c))'; and

(2) in paragraph (3), by inserting `or director of the Defense Advanced Projects Agency or Missile Defense Agency' after `executive'.

Clarification of authority to carry out certain prototype projects (sec. 855)

The Senate amendment contained a provision (sec. 871) that would amend section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160), as amended by section 823 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163), to allow the director of a defense agency to make the written determination necessary to exercise other transaction authority on a prototype project that is expected to cost the Department of Defense in excess of $20.0 million, but not more than $100.0 million.

The House bill contained no similar provision.

The House recedes with an amendment that would clarify that the authority to make the necessary determination to utilize other transactions for projects expected to cost between $20.0 million and $100.0 million would be granted to the Director of the Defense Advanced Research Projects Agency and the Director of the Missile Defense Agency.

Senate Armed Services Committee Report 109-254

Clarification of authority to carry out certain prototype projects (sec. 871) 

The committee recommends a provision that would amend section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160), as amended by section 823 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), to allow the director of a defense agency to make the written determination necessary to exercise other transaction authority on a prototype project that is expected to cost the Department of Defense in excess of $20.0 million, but not more than $100.0 million.

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