Restrictions on flight simulators questioned.

Last month, NDIA President and CEO Lawrence P. Farrell sent a letter to the chairmen and ranking members of the House and Senate Defense Authorization and Appropriations committees expressing concern that a legislative restriction on providing flight simulators to the military services has the potential to seriously impact the readiness of our aviators in the military services.

Section 832 of the Fiscal Year 2007 National Defense Authorization Act (P.L. 109-364) prohibits the secretary of defense from entering into a service contract to acquire a military flight simulator. The secretary of defense may waive this prohibition if he determines that a waiver is necessary for national security purposes and a written economic analysis is provided to the congressional defense committees at least 30 days in advance. The required economic analysis must include a dear explanation of the need for the contract and an examination of at least two alternatives for fulfilling the contract requirement. The waiver requirement in Section 832 would unnecessarily add another layer of oversight that could hinder the acquisition of military flight simulator services and ultimately have a significant impact on readiness.

Recently, members of Congress raised concerns about what they perceive as a general trend toward the use of annual operations and maintenance appropriations funds for long-term equipment needs. NDIA recognizes these concerns, however Section 832 improperly and unnecessarily imposes restrictions on the legitimate use of services contracts. Recognizing Congress' desire for detailed information to show that a given service acquisition is cost effective and appropriate, NDIA supports the requirement for the Defense Department to prepare a business case analysis prior to entering into any service contract for the provision of a military flight simulator and to make analyses available to the congressional defense committees.

Congress should allow time for full implementation of Section 812 of the Fiscal Year 2006 National Defense Authorization Act (P.L. 109-163), which required each military service or department to establish a senior official responsible for management oversight of service contracts. That provision strengthened language that had been included in Section 802 of the Fiscal Year 2002 National Defense Authorization Act (P.L. 107-107). On Oct. 2, the undersecretary of defense for acquisition, technology and logistics issued implementing guidance to each of the military services and departments, and they are implementing these provisions in a manner that is consistent with that particular department's operations. NDIA strongly believes these previously existing legislative requirements provide the necessary oversight for all service contracts, not just military flight simulators.

Farrell's letter concluded with a request that Congress consider repealing Section 832 in its consideration of the National Defense Authorization and Appropriations Acts for fiscal year 2008. Action on these annual policy and funding bills is expected to take place this summer.