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Code · BILL · 118th Congress · H.R. 2670 (Engrossed in House) — To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and for militar... · Sec. 852

Sec. 852. Demonstration and prototyping program to advance international product support capabilities in a contested logistics environment

814 words·~4 min read·/bill/118/hr/2670/eh/section-852

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The Secretary of Defense shall establish a contested logistics demonstration and prototyping program to identify, develop, demonstrate, and field capabilities for product support in order to reduce or mitigate the risks associated with operations in a contested logistics environment. In carrying out the Program, the Secretary shall do the following: Identify ways to leverage the inherent interoperability, commonality, and interchangeability of platforms and information systems operated by the United States and one or more covered nations, including to enable effective maintenance and repair activities in a contested logistics environment.
Determine, develop, or establish best practices to reduce time needed to return repaired equipment to service. Identify, develop, demonstrate, and field effective and efficient means of conducting repairs of equipment in theater away from permanent repair facilities. Explore flexible approaches to contracting and use of partnership agreements to enable use or development of the capabilities of covered product support providers to effectively, efficiently, and timely satisfy the product support requirements of combat command and covered nation in a contested logistics environment.
Identify the resources, including any additional authorizations, that the Department of Defense requires to reduce or mitigate the risks associated with operations in a contested logistics environment. Identify and document impediments to the performance of product support in contested logistical environments by covered product support providers, including impediments created by statute, regulation, policy, agency guidance, or limitations on expenditure, transfer, or receipt of funds for product support in contested logistics environments.
Identify and document any statutory or regulatory waivers or exemptions that may be applicable or necessary to enable the United States and covered nations to jointly carry out product support activities in contested logistics environments located outside of the territory of the United States, including, for each such waiver and exemption— the office or individual responsible for requesting such waiver or exemption; the criteria for approval of such waiver or exemption; and the individual or entity responsible for approving such waiver or exemption.
The Secretary may establish a product support agreements with a covered product support provider to enable a rapid response in a contingency operation (as defined in section 101(a) of title 10, United States Code) to the product support requirements of such contingency operation. In carrying out the Program, the Secretary may, in accordance with section 2753 of title 22, United States Code, use the authorities under sections 2342, 2474, 3601, 4021, and 4022 of title 10, United States Code, including the authorities related to use of Other Transaction Authorities for prototype projects provided by section 843 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ). Not later than 30 months after the date of enactment of this Act, the Secretary shall submit to the Congress a report summarizing the activities undertaken in accordance with this section, including— any recommendations to reduce impediments to meeting the requirements of combatant command or covered nation for product support in a contested logistics environment; a summary of impediments identified under subsection (b)(7) and specific recommendations for necessary changes to statutory, regulatory, policy, agency guidance, or current limitations on expenditure, transfer, or receipt of funds to carry out the product support activities under this pilot indefinitely; a summary of waivers or exemptions identified under subsection (b)(8), along with any recommendations for changes to the processes for obtaining such waivers or exemptions; and recommendations for improving the Program, including whether to expand the list of covered nations.
Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and promulgate guidance implementing the Program. The authority under this section shall terminate on the date that is 3 years after the date of the enactment of this Act. In this section: The term contested logistics environment has the meaning given such term in section 2926 of title 10, United States Code. The term covered nation means— Australia; Canada; New Zealand; or United Kingdom of Great Britain and Northern Ireland.
The term covered product support provider means an entity that provides product support. The terms product support and product support integrator have the meanings given such terms, respectively, in section 4324 of title 10, United States Code. The term product support arrangement means a contract, task order, or any other type of agreement or arrangement, between the United States and a covered nation for the performance of sustainment or logistics support required for a platform or information system operated by the United States and such covered nation, or a subsystems or components of such a platform or information system, including any agreement or arrangement for the following with respect to such a platform, information system, subsystem, or component:
Performance-based logistics. Sustainment support. Contractor logistics support. Life-cycle product support. Weapon system product support. The term Program means the demonstration and prototyping program established under subsection (a). The term Secretary means the Secretary of Defense.
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Sec. 852
Demonstration and prototyping program to advance international product support capabilities in a contested logistics environment
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