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TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES

Subtitle A Through J

P. L. 116-

House Conference Report   116-617

Sec. 1801. Transfer and reorganization of defense acquisition statutes.

Subtitle A--Definitions

Sec. 1806. Definitions.
Sec. 1807. General matters.
Sec. 1808. Defense acquisition system.
Sec. 1809. Budgeting and appropriations.
Sec. 1810. Operational contract support.

Subtitle B--Acquisition Planning

Sec. 1811. Planning and solicitation generally.
Sec. 1812. Independent cost estimation and cost analysis.
Sec. 1813. Other provisions relating to planning and solicitation
generally.

Subtitle C--Contracting Methods and Contract Types

Sec. 1816. Awarding of contracts.
Sec. 1817. Specific types of contracts.
Sec. 1818. Other matters relating to awarding of contracts.
Sec. 1819. Undefinitized contractual actions.
Sec. 1820. Task and delivery order contracts.
Sec. 1821. Acquisition of commercial products and commercial services.
Sec. 1822. Multiyear contracts.
Sec. 1823. Simplified acquisition procedures.
Sec. 1824. Rapid acquisition procedures.
Sec. 1825. Contracts for long-term lease or charter of vessels,
aircraft, and combat vehicles.

Subtitle D--General Contracting Provisions

Sec. 1831. Cost or pricing data.
Sec. 1832. Allowable costs.
Sec. 1833. Proprietary contractor data and rights in technical data.
Sec. 1834. Contract financing.
Sec. 1835. Contractor audits and accounting.
Sec. 1836. Claims and disputes.
Sec. 1837. Foreign acquisitions.
Sec. 1838. Socioeconomic programs.

Subtitle E--Research and Engineering

Sec. 1841. Research and engineering generally.
Sec. 1842. Innovation.
Sec. 1843. Department of Defense laboratories.
Sec. 1844. Research and development centers and facilities.
Sec. 1845. Test and evaluation.

Subtitle F--Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development

Sec. 1846. General matters.
Sec. 1847. Major systems and major defense acquisition programs generally.
Sec. 1848. Life-cycle and sustainment.
Sec. 1849. Program status-selected acquisition reports.
Sec. 1850. Cost growth--unit cost reports (Nunn-McCurdy).
Sec. 1851. Weapon systems development and related matters.

Subtitle G--Other Special Categories of Contracting

Sec. 1856. Acquisition of services generally.
Sec. 1857. Acquisition of information technology.

Subtitle H--Contract Management

Sec. 1861. Contract administration.
Sec. 1862. Prohibitions and penalties.
Sec. 1863. Contractor workforce.
Sec. 1864. Other administrative matters.

Subtitle I--Defense Industrial Base

Sec. 1866. Defense industrial base generally.
Sec. 1867. Policies and planning.
Sec. 1868. Development, application, and support of dual-use technologies.
Sec. 1869. Manufacturing technology.
Sec. 1870. Other technology base policies and programs.
Sec. 1871. Small business programs.
Sec. 1872. Procurement technical assistance cooperative agreement program.
Sec. 1873. Loan guarantee programs.

Subtitle J--Other Matters

Sec. 1876. Recodification of certain title 10 provisions relating to contract financing for certain Navy contracts.
Sec. 1877. Recodification of title 10 statute on cadre of personnel who are intellectual property experts.
Sec. 1878. Transfer of title 10 section relating to notification of Navy procurement production disruptions.
Sec. 1879. Transfer of title 10 section relating to energy security.
Sec. 1880. Part IV heading.
Sec. 1881. Repeal of chapters 137, 139, 144, and 148.
Sec. 1882. Revision of chapter 141.
Sec. 1883. References.
Sec. 1884. Savings provisions.
Sec. 1885. Rule of construction.
 
Transfer and reorganization of defense acquisition statutes (Secs. 1801-1885)

The conference agreement includes a title that would transfer and reorganize certain defense acquisition statutes and direct the Secretary of Defense to conduct a comprehensive assessment and implementation plan of the transfer and reorganization contained in this title.

The conferees note that the Advisory Panel on Streamlining and Codifying Acquisition Regulations, established by the Congress under section 809 of the National Defense Authorization Act for 2016 (Public Law 114-92), recommended as part of its work in June 2018 that the Congress transfer and consolidate certain defense acquisition statutes in title 10, United States Code, concluding that, ``Organizing the defense acquisition statutes into a restructured, rationalized form would reduce the overcrowding, reflect more clearly the underlying structure of these statutes, and provide substantial benefits in terms of a structure that is more intuitive and easier to navigate. This effort would be especially beneficial for the thousands of attorneys across the Department of Defense who advise commanders, program managers, and contracting officers on acquisition authorities. Confusing notes and cumbersome statutory structure can create a barrier to entry for innovative firms unfamiliar with the federal acquisition process, firms DoD seeks to leverage to ensure technological dominance and enhanced lethality across the joint force inside the curve of near-peer competitors and nonstate actors.''

The conferees appreciate the work of the Panel and observe that a transfer and reorganization is an ambitious and complex undertaking that sets the conditions for future reform. The conferees have engaged in the undertaking with a commitment to the principle that a restructuring not result in policy changes. The conferees note the intention of the 1-year enactment delay is to provide time for the Department and for other stakeholders to identify adjustments and specific and actionable recommendations to address them. Further, the conferees note the implementation delay is intended to provide the Department a reasonable amount of time to make necessary administrative updates to implement the transfer and reorganization. The conferees therefore direct the Secretary of Defense to ensure the assessment and implementation plan directed by this section are sufficiently comprehensive to facilitate the conferees' consideration of appropriate and timely adjustments in the future.

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