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

Subtitle H — Other Matters

NDAA Section

House Conference Report 110-477

SEC. 883. MODIFICATIONS TO LIMITATION ON CONTRACTS TO ACQUIRE MILITARY FLIGHT SIMULATOR.

(a) Effect on Existing Contracts- Section 832 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2331) is amended by adding at the end the following new subsection:

`(e) Effect on Existing Contracts- The limitation in subsection (a) does not apply to any service contract of a military department to acquire a military flight simulator, or to any renewal or extension of, or follow-on contract to, such a contract, if--

`(1) the contract was in effect as of October 17, 2006;

`(2) the number of flight simulators to be acquired under the contract (or renewal, extension, or follow-on) will not result in the total number of flight simulators acquired by the military department concerned through service contracts to exceed the total number of flight simulators to be acquired under all service contracts of such department for such simulators in effect as of October 17, 2006; and

`(3) in the case of a renewal or extension of, or follow-on contract to, the contract, the Secretary of the military department concerned provides to the congressional defense committees a written notice of the decision to exercise an option to renew or extend the contract, or to issue a solicitation for bids or proposals using competitive procedures for a follow-on contract, and an economic analysis as described in subsection (c) supporting the decision, at least 30 days before carrying out such decision.'.

(b) Change in Grounds for Waiver- Section 832(c)(1) of such Act, as redesignated by subsection (a), is amend by striking `necessary for national security purposes' and inserting `in the national interest'.

The House bill contained a provision (sec. 844) that would modify the waiver standard in section 832 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), which placed limitations on the use of service contracts to acquire military flight simulators.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would limit the applicability of section 832 to contracts that were entered into prior to October 17, 2006.

SECTION 844--CHANGE IN GROUNDS FOR WAIVER OF LIMITATION ON SERVICE CONTRACT TO ACQUIRE MILITARY FLIGHT SIMULATOR

This section would amend section 832 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) to allow the Secretary of Defense to waive the prohibition against entering into a service contract to acquire a military flight simulator if granting such a waiver was in the national interest of the United States. Under section 832, the Secretary can only grant such a waiver if it is necessary for national security purposes.