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

Subtitle E — Other Matters

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 842. DEPARTMENT OF DEFENSE POLICY ON ACQUISITION AND PERFORMANCE OF SUSTAINABLE PRODUCTS AND SERVICES.

(a) Finding- Congress finds the following:

(1) Executive Order No. 13514, dated October 5, 2009, requires the departments and agencies of the Federal Government to establish an integrated strategy towards the procurement of sustainable products and services.

(2) The Department of Defense Strategic Sustainability Performance Plan, issued in August 2010, provides a framework for the Department's compliance with Executive Order No. 13514 and other applicable sustainability requirements.

(b) Report-

(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the achievement by the Department of Defense of the objectives and goals on the procurement of sustainable products and services established by section 2(h) of Executive Order No. 13514.

(2) ELEMENTS- The report required by paragraph (1) shall include the following:

(A) A description of the actions taken, and to be taken, by the Department to identify particular sustainable products and services that contribute to the achievement of the objectives and goals described in paragraph (1).

(B) An assessment of the tools available to the Department to promote the use of particular sustainable products and services identified pursuant to the actions described in subparagraph (A) across the Department, and a description of the actions taken, and to be taken, by the Department to use such tools.

(C) A description of strategies and tools identified by the Department that could assist the other departments and agencies of the Federal Government in procuring sustainable products and services, including a description of mechanisms for sharing best practices in such procurement, as identified by the Department, among the other departments and agencies of the Federal Government.

(D) An assessment of the progress the Department has made toward the achievement of the objectives and goals described in paragraph (1), including the scorecard identified in its Strategic Sustainability Performance Plan.

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 833. CONSIDERATION OF SUSTAINABLE PRACTICES IN PROCUREMENT OF PRODUCTS AND SERVICES.

(a) Consideration of Sustainable Practices-

(1) IN GENERAL- The Secretary of Defense shall develop and issue guidance directing the Secretary of each military department and the head of each defense agency to consider sustainable practices in the procurement of products and services. Such guidance shall ensure that strategies for acquiring products or services to meet departmental or agency performance requirements favor products or services described in paragraph (2) if such products or services can be acquired on a life cycle cost-neutral basis.

(2) PRODUCTS OR SERVICES- A product or service described in this paragraph is a product or service that is energy-efficient, water-efficient, biobased, environmentally preferable, non-ozone-depleting, contains recycled content, is non-toxic, or is less toxic than alternative products or services.

(b) Exception- Subsection (a) does not apply to the acquisition of weapon systems or components of weapon systems.

From S. 3454, National Defense Authorization Act for Fiscal Year 2011

SEC. 816. DEPARTMENT OF DEFENSE POLICY ON ACQUISITION AND PERFORMANCE OF SUSTAINABLE PRODUCTS AND SERVICES.

(a) Finding- Congress finds that Executive Order No. 13514, dated October 5, 2009, requires the departments and agencies of the Federal Government to establish an integrated strategy towards the procurement of sustainable products and services.

(b) Report-

(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the achievement by the Department of Defense of the objectives and goals on the procurement of sustainable products and services established by section 2(h) of Executive Order No. 13514.

(2) ELEMENTS- The report required by paragraph (1) shall include the following:

(A) A description of the actions taken, and to be taken, to promote the use of products and services described in section 2(h) of Executive Order No. 13514 for the purpose of achieving the objective that 95 percent of the new contracts of the Department of Defense, and of task and delivery orders under existing Department contracts, for products and services provide for the procurement of sustainable products and services when such products and services meet Department performance requirements.

(B) A description of the actions taken, and to be taken, by the Department to identify particular sustainable products and services that contribute to the achievement of the objective described in subparagraph (A).

(C) An assessment of the tools available to the Department to promote the use of particular sustainable products and services identified pursuant to the actions described in subparagraph (B) across the Department, and a description of the actions taken, and to be taken, by the Department to utilize such tools.

(D) A description of strategies and tools identified by the Department that could assist the other departments and agencies of the Federal Government in procuring sustainable products and services, including a description of mechanisms for sharing best practices in such procurement, as identified by the Department, among the other departments and agencies of the Federal Government.

The House bill contained a provision (sec. 833) that would require the Secretary of Defense to develop and issue guidance on the consideration of sustainable practices in the procurement of products and services.

The Senate committee-reported bill contained a provision (sec. 816) that would require the Secretary to report to the congressional defense committees on steps taken to meet the requirements established in Executive Order 13514 for the procurement of sustainable products and services.

The agreement includes the Senate provision with an amendment streamlining the reporting requirements. We note that the Secretary of Defense issued a Strategic Sustainability Performance Plan in August 2010 that meets the requirements of 73 the House provision.

From H. Rpt. 111-491, accompanying H. R. 5136, the NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

SECTION 833--CONSIDERATION OF SUSTAINABLE PRACTICES IN PROCUREMENT OF PRODUCTS AND SERVICES

This section would require the Secretary of Defense to develop and issue guidance directing the secretary of each military department and the head of each defense agency to consider sustainable practices in the procurement of products and services. This section would not apply to the acquisition of weapon systems.

From S. Rpt. 111-201, to accompany S. 3454, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

Department of Defense policy on acquisition and performance of sustainable products and services (sec. 816)

The committee recommends a provision that would require the Secretary of Defense to report to the congressional defense committees on the progress of the Department of Defense in meeting the goals and objectives established in Executive Order 13514 for the procurement of sustainable products and services. The report would be required to address actions taken by the Department to identify particular sustainable products and services that could contribute to these goals and initiatives, and assess strategies and tools available to promote the use of such products and services across the Department.