Sec. 1244. Temporary authorizations related to Ukraine and other matters
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In this subsection, the term covered agreement includes a contract, subcontract, transaction, or modification of a contract, subcontract, or transaction awarded by the Department of Defense— to build the stocks of critical munitions and other defense articles of the Department; to provide materiel and related services to foreign allies and partners that have provided support to the Government of Ukraine; and to provide materiel and related services to the Government of Ukraine.
A covered agreement may be presumed to be in the public interest for purposes of meeting the requirements of subsection (a)(7) of section 3204 of title 10, United States Code. Notwithstanding the provisions of subsection (a)(7) of section 3204 of title 10, United States Code, with respect to a covered agreement— the head of an agency may delegate the authority under that subsection to an officer or employee who— in the case of an officer or employee who is a member of the Armed Forces, is serving in a grade at or above brigadier general or rear admiral (lower half); or in the case of a civilian officer or employee, is serving in a position with a grade under the General Schedule (or any other schedule for civilian officers or employees) that is comparable to or higher than the grade of brigadier general or rear admiral (lower half); and not later than 7 days before using the applicable procedures under section 3204 of title 10, United States Code, the head of an agency, or a designee of the head of an agency, shall submit to the congressional defense committees a written notification of the use of such procedures.
Consistent with paragraph (4)(C) of subsection
(e)of section 3204 of title 10, United States Code, the documentation otherwise required by paragraph
(1)of such subsection is not required in the case of a covered agreement. The special emergency procurement authorities provided under subsections
(b)and
(c)of section 1903 of title 41, United States Code, may be used by the Department of Defense for a covered agreement. The head of an agency may waive the provisions of subsections
(a)and
(c)of section 3372 of title 10, United States Code, for a covered agreement. The requirements of section 7542 of title 10, United States Code, do not apply to the transfer of technical data to an international partner for the production of large-caliber cannons produced for— the replacement of defense articles from stocks of the Department of Defense provided to the Government of Ukraine or to foreign countries that have provided support to Ukraine at the request of the United States, or contracts awarded by the Department of Defense to provide materiel directly to the Government of Ukraine. At the Federal Government’s discretion, the requirements under section 3702 of title 10, United States Code, shall not apply to a covered agreement awarded on a fixed-price incentive firm target basis, where target price equals ceiling price, and the Government underrun share ratio is a minimum of 60 percent with a cap for the negotiated profit dollars of 15 percent of target cost. The following shall apply to an exemption under subparagraph (A): Awarded profit dollars shall be fixed, but the contractor may ultimately realize a profit rate of higher than 15 percent by underrunning target costs. The target prices negotiated by the Federal Government shall not exceed the most recent negotiated prices for the same items while allowing for appropriate adjustments, including those for quantity differences or relevant, applicable economic indices. An exemption under subparagraph
(A)shall apply to subcontracts under prime contracts that are exempt under this paragraph. The provisions of this subsection shall terminate on September 30, 2024. Section 2350d of title 10, United States Code, is amended— in the section heading, by striking and inserting logistic support ; acquisition and logistics support in subsection (a)— in paragraph (1)— in the matter preceding subparagraph (A), by striking logistics support and inserting acquisition and logistics support ; and in subparagraph (B), by striking logistic support and inserting acquisition and logistics support ; and in paragraph (2)(B), by striking logistics support and inserting armaments and logistics support ; and in subsection (b)— in the matter preceding paragraph (1), by striking Partnership Agreement and inserting Partnership Agreement or Arrangement ; in paragraph (1)— by striking supply and acquisition of logistics support in Europe for requirements and inserting supply, services, support, and acquisition, including armaments for requirements ; and by striking supply and acquisition are appropriate and inserting supply, services, support, and acquisition are appropriate ; and in paragraph (2), by striking logistics support each place it appears and inserting acquisition and logistics support . Subject to the provisions of section 3501 of title 10, United States Code, set forth in paragraph (3), the head of an agency may enter into one or more multiyear contracts, beginning in fiscal year 2023, for the procurement of up to— 864,000 XM1128, XM1113, M107, and M795 (155mm rounds); 12,000 AGM–179 Joint Air-to-Ground Missiles (JAGM); 700 M142 High Mobility Artillery Rocket Systems (HIMARS); 1,700 MGM–140 Army Tactical Missile Systems (ATACMS); 2,600 Harpoons; 1,250 Naval Strike Missiles; 106,000 Guided Multiple Launch Rocket Systems (GMLRS); 3,850 PATRIOT Advanced Capability–3 (PAC–3) Missile Segment Enhancement (MSE); 5,600 FIM–92 Stinger; 28,300 FGM–148 Javelin; 5,100 AIM–120 Advanced Medium-Range Air-to-Air Missile (AMRAAM); 2,250,000 Modular Artillery Charge System (MACS); 12,050 155m Excalibur M982A1; 950 Long Range Anti-Ship Missiles (LRASM); 3,100 Joint Air-to-Surface Standoff Missiles (JASSM); 1,500 Standard Missle–6 Missiles (SM–6); and 5,100 Sidewinder Missiles (AIM–9X). The systems authorized to be procured under paragraph
(1)may be procured as additions to existing contracts covering such programs. In applying section 3501 of title 10, United States Code, to paragraph (1), only the following provisions of that section shall apply: Subsection (f). Subsection (g), in which the term contract described in subsection
(a)shall mean a contract awarded pursuant to the authority of this subsection. Subsection (i)(1). Subsection (l)(3). To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes described in paragraph (1), the head of an agency may enter into one or more contracts for advance procurement associated with a program for which authorization to enter into a contract is provided under paragraph
(1)and for systems and subsystems associated with such program in economic order quantities when cost savings are achievable. A contract entered into under paragraph
(1)shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2023 is subject to the availability of appropriations for that purpose for such later fiscal year. In this section, the term head of an agency means— the Secretary of Defense; the Secretary of the Army; the Secretary of the Navy; or the Secretary of the Air Force.