Back to NDAA Contents

Conference Report 107-772 - National Defense Authorization Act for Fiscal Year 2003

Conference Report Section

Legislative History

(a) TERMINATION OF AUTHORITY TO TRANSFER FUNDS INTO DEFENSE MODERNIZATION ACCOUNT- (1) Paragraph (1) of section 912(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 410; 10 U.S.C. 2216 note) is amended by striking `September 30, 2003' and inserting `September 30, 2002'.

(2) Section 912(d) of such Act (110 Stat. 410; 10 U.S.C. 2216 note), relating to Comptroller General reviews of the administration of the Defense Modernization Account, is repealed.

(b) REPEAL OF SOLUTIONS-BASED CONTRACTING PILOT PROGRAM- (1) Section 11522 of title 40, United States Code, is repealed.

(2)(A) Section 11501 of title 40, United States Code, is amended--

(i) in the section heading, by striking `PROGRAMS' and inserting `PROGRAM';

(ii) in subsection (a)(1), by striking `conduct pilot programs' and inserting `conduct a pilot program pursuant to the requirements of section 11521 of this title';

(iii) in subsection (a)(2), by striking `each pilot program' and inserting `the pilot program';

(iv) in subsection (b)--

(I) by striking `LIMITATIONS- ' and all that follows through `pilot programs conducted' and inserting the following: `LIMITATION ON AMOUNT- The total amount obligated for contracts entered into under the pilot program conducted'; and

(II) by striking `paragraph.' and inserting `subsection.'; and

(v) in subsection (c)(1), by striking `a pilot' and inserting `the pilot'.

(B) The following provisions of chapter 115 of such title are each amended by striking `a pilot' each place it appears and inserting `the pilot':

(i) Section 11502(a).

(ii) Section 11502(b).

(iii) Section 11503(a).

(iv) Section 11504.

(C) Section 11505 of such chapter is amended by striking `programs' and inserting `program'.

(3)(A) The chapter heading for chapter 115 of such title is amended by striking `PROGRAMS' and inserting `PROGRAM'.

(B) The subchapter heading for subchapter I and for subchapter II of such chapter are each amended by striking `PROGRAMS' and inserting `PROGRAM'.

(C) The item relating to subchapter I in the table of sections at the beginning of such chapter is amended to read as follows:

(D) The item relating to subchapter II in the table of sections at the beginning of such chapter is amended to read as follows:

(E) The item relating to section 11501 in the table of sections at the beginning of such is amended by striking `programs' and inserting `program'.

(F) The table of sections at the beginning of such chapter is amended by striking the item relating to section 11522.

(G) The item relating to chapter 115 in the table of chapters for subtitle III of title 40, United States Code, is amended to read as follows:

(c) REPEAL OF ON-LINE MULTIPLE AWARD SCHEDULE CONTRACTING REQUIREMENTS- (1) Section 11701 of title 40, United States Code, is repealed.

(2) Sections 11702, 11703, and 11704 of such title are redesignated as sections 11701, 11702, and 11703, respectively.

(3) The table of sections for chapter 117 of such title is amended--

(A) by striking the item relating to section 11701; and

(B) by redesignating the items relating to sections 11702, 11703, and 11704 as sections 11701, 11702, and 11703, respectively.

Conference Report 107-772

The Senate amendment contained a provision (sec. 825) that would repeal statutory requirements for review by the Comptroller General of programs conducted pursuant to certain legislative authority that has never been utilized.   (See Senate Amendment and Senate Report 107-151 below)

The House bill contained no similar provision. 

The House recedes with an amendment that would repeal the authority to conduct programs pursuant to these sections. 

The conferees have determined that the legislative authority provided by sections 912, 5312, and 5401 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104 106) has never been used and is not likely to be needed. For this reason, the conference amendment would repeal all three provisions.

Senate Amendment

SEC. 825. REPEAL OF REQUIREMENTS FOR CERTAIN REVIEWS BY THE COMPTROLLER GENERAL.

The following provisions of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106) are repealed:

(1) Section 912(d) (110 Stat. 410; 10 U.S.C. 2216 note), relating to Comptroller General reviews of the administration of the Defense Modernization Account.

(2) Section 5312(e) (110 Stat. 695; 40 U.S.C. 1492), relating to Comptroller General monitoring of a pilot program for solutions-based contracting for acquisition of information technology.

(3) Section 5401(c)(3) (110 Stat. 697; 40 U.S.C. 1501), relating to a Comptroller General review and report regarding a pilot program to test streamlined procedures for the procurement of information technology products and services available for ordering through multiple award schedules.

Senate Report 107-151

Repeal of requirements for certain reviews by the Comptroller General (sec. 825)

The committee recommends a provision that would repeal statutory requirements for certain reviews by the General Accounting Office (GAO) that are no longer needed.

The committee notes that the authority provided by sections 912, 5312, and 5401 of the National Defense Authorization Act for Fiscal Year 1996 has never been utilized. For this reason, the required reports on the manner in which this authority has been used are unnecessary.

The committee directs the Department of Defense to make a recommendation to the congressional defense committees as to whether the authority to conduct programs pursuant to these sections is likely to be needed in the future or should be repealed.