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

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

NDAA Section

House Conference Report 110-477

SEC. 824. EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM CERTAIN REQUIREMENTS FOR CERTAIN CONTRACTS RELATING TO VESSELS, AIRCRAFT, AND COMBAT VEHICLES.

Section 2401(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

`(5) In the case of a contract described in subsection (a)(1)(B), the commander of the special operations command may make a contract without regard to this subsection if--

`(A) funds are available and obligated for the full cost of the contract (including termination costs) on or before the date the contract is awarded;

`(B) the Secretary of Defense submits to the congressional defense committees a certification that there is no alternative for meeting urgent operational requirements other than making the contract; and

`(C) a period of 30 days of continuous session of Congress has expired following the date on which the certification was received by such committees.'.

The House bill contained a provision (sec. 818) that would exempt U.S. Special Operations Command from leasing limitations as required in section 2401 of title 10, United States Code.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would permit the Secretary of Defense to exempt U.S. Special Operations Command from leasing limitations regarding substantial termination liability, as required in section 2401 of title 10, United States Code, if he or she can certify that specified conditions have been met, and informs Congress in advance of the certification.

House Armed Services Committee Report 110-146

SECTION 818--EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM CERTAIN REQUIREMENTS FOR CONTRACTS RELATING TO VESSELS, AIRCRAFT, AND COMBAT VEHICLES

This section amends current law and would exempt U.S. Special Operations Command from leasing limitations as required in section 2401 of title 10, United States Code. This section would authorize the Commander, U.S. Special Operations Command, to enter into lease agreements with terms up to five years in length if the full projected cost of such a lease is available and obligated prior to the date of the award of the contract.