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

Subtitle D--Accountability in Contracting

NDAA Section

House Conference Report 110-477

SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL OUTSIDE THE ACQUISITION WORKFORCE AND EVALUATIONS OF ARMY COMMISSION RECOMMENDATIONS.

(a) Training Requirement- Section 2333 of title 10, United States Code is amended--

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new subsection (e):

`(e) Training for Personnel Outside Acquisition Workforce- (1) The joint policy for requirements definition, contingency program management, and contingency contracting required by subsection (a) shall provide for training of military personnel outside the acquisition workforce (including operational field commanders and officers performing key staff functions for operational field commanders) who are expected to have acquisition responsibility, including oversight duties associated with contracts or contractors, during combat operations, post-conflict operations, and contingency operations.

`(2) Training under paragraph (1) shall be sufficient to ensure that the military personnel referred to in that paragraph understand the scope and scale of contractor support they will experience in contingency operations and are prepared for their roles and responsibilities with regard to requirements definition, program management (including contractor oversight), and contingency contracting.

`(3) The joint policy shall also provide for the incorporation of contractors and contract operations in mission readiness exercises for operations that will include contracting and contractor support.'.

(b) Organizational Requirements-

(1) EVALUATION BY THE SECRETARY OF DEFENSE- The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall evaluate the recommendations included in the report of the Commission on Army Acquisition and Program Management in Expeditionary Operations and shall determine the extent to which such recommendations are applicable to the other Armed Forces. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees with the conclusions of this evaluation and a description of the Secretary's plans for implementing the Commission's recommendations for Armed Forces other than the Army.

(2) EVALUATION BY THE SECRETARY OF THE ARMY- The Secretary of the Army, in consultation with the Chief of Staff of the Army, shall evaluate the recommendations included in the report of the Commission on Army Acquisition and Program Management in Expeditionary Operations. Not later than 120 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report detailing the Secretary's plans for implementation of the recommendations of the Commission. The report shall include the following:

(A) For each recommendation that has been implemented, or that the Secretary plans to implement--

(i) a summary of all actions that have been taken to implement such recommendation; and

(ii) a schedule, with specific milestones, for completing the implementation of such recommendation.

(B) For each recommendation that the Secretary has not implemented and does not plan to implement--

(i) the reasons for the decision not to implement such recommendation; and

(ii) a summary of any alternative actions the Secretary plans to take to address the purposes underlying such recommendation.

(C) For each recommendation that would require legislation to implement, the Secretary's recommendations regarding such legislation.

(c) Comptroller General Report- Section 854(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2346) is amended by adding at the end the following new paragraph:

`(3) COMPTROLLER GENERAL REPORT- Not later than 180 days after the date on which the Secretary of Defense submits the final report required by paragraph (2), the Comptroller General of the United States shall--

`(A) review the joint policies developed by the Secretary, including the implementation of such policies; and

`(B) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the extent to which such policies, and the implementation of such policies, comply with the requirements of section 2333 of title 10, United States Code (as so amended).'.

The Senate amendment contained a provision (sec. 865) that would require the Secretary of Defense to provide for appropriate training of military personnel outside the acquisition workforce who are expected to have acquisition responsibilities during combat operations, post-conflict operations, and contingency operations.

The House bill contained no similar provision.

The House recedes with an amendment that would require the Secretary of Defense and the Secretary of the Army to review the recommendations of the Commission on Army Acquisition and Program Management in Expeditionary Operations and report to the congressional defense committees on steps that they have taken or plan to take to implement those recommendations. The conferees agree with the Commission's conclusion that acquisition failures in expeditionary operations urgently require a systemic fix of Army contracting and urge the Secretary of Defense and the Secretary of the Army to act on the Commission's recommendations as expeditiously as possible.