The authority granted in the House Armed Services Committee’s (HASC) proposed 2022 NDAA, which will next move to the House floor for a vote, is similar to that in Section 3610 of the CARES Act, a $2.2 trillion pandemic relief bill passed in late March of 2020. The latter applied not just to the Department of Defense but to other federal agencies, including the Department of Homeland Security and the Department of Energy. This CARES Act provision was
criticized at the time for its mammoth giveaway to manufacturers of tankers and bombs, while so many were suffering from the COVID outbreak and its related economic upheaval. (Section 3610 is slated to expire on September 30.) But the version that was slipped into the NDAA, which is targeted at helping military contractors specifically, has gone largely unnoticed, save for reporting in industry trade publications.
Military industry trade groups lobbied aggressively for the giveaway.
“This authority has been a critical lifeline for government programs and for the contractor industry during the COVID-19 emergency and has been used across government,” 11 trade organizations, including the National Defense Industrial Association and Professional Services Council, said in a
letter sent to key lawmakers on August 11.