II 

118TH CONGRESS 

2D SESSION S. 5618 

To promote defense innovation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19 (legislative day, DECEMBER 16), 2024 

Mr. WICKER introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To promote defense innovation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Fostering Reform and Government Efficiency in Defense 

6 Act’’ or ‘‘FoRGED Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 101. Repeals of existing law to streamline the defense acquisition process. 

Sec. 102. Modifications to current defense acquisition requirements. 

Sec. 103. Automatic sunset for future statutory reporting requirements. 

TITLE II—DEFENSE ACQUISITION ROLES, RESPONSIBILITIES, 

AND ORGANIZATIONS 


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Sec. 201. Transition of program executive officer role to portfolio acquisition 

executive. 

Sec. 202. Amendments to the Joint Requirements Oversight Council. 

Sec. 203. Matters relating to the Director of Cost Assessment and Program 

Evaluation. 

Sec. 204. Establishment of Joint Requirements and Programming Board. 

Sec. 205. Capstone requirements. 

TITLE III—RAPID ACQUISITION AND COMMERCIAL CONTRACTING 

Sec. 301. Milestone A. 

Sec. 302. Modification to acquisition strategy. 

Sec. 303. Exemptions for nontraditional defense contractors. 

Sec. 304. Modifications to treatment of certain products and services as commercial products and commercial services. 

Sec. 305. Modification to nontraditional defense contractor definitions. 

Sec. 306. Alternative capability based pricing. 

Sec. 307. Modifications to certain procurement thresholds. 

Sec. 308. Modifications to commercial solutions openings. 

Sec. 309. Modifications to other transactions. 

Sec. 310. Modifications to commercial product and commercial service determinations by Department of Defense. 

Sec. 311. Commercially acceptable transaction and payment methods. 

Sec. 312. Transparency and accountability of contract awards. 

Sec. 313. Limitation on required flowdown of contract clauses to subcontractors 

providing commercial products or commercial services. 

Sec. 314. Modifications to relationship of other provisions of law to procurement of commercial products and commercial services. 

Sec. 315. Nontraditional defense contractor commercial solutions opening. 

Sec. 316. Program management office competition. 

Sec. 317. Middle tier of acquisition for rapid prototyping and rapid fielding. 

Sec. 318. Revision and codification of software acquisition pathways. 

Sec. 319. Modifications to steps to identify and address potential unfair competitive advantage of technical advisors to acquisition officials. 

Sec. 320. Modifications to procurement for experimental purposes. 

Sec. 321. Consumption-based solutions. 

TITLE IV—PROMOTION OF COMPETITION IN THE DEFENSE 

INDUSTRIAL BASE 

Sec. 401. Program for enhancing secondary sources and supply chain management for the Department of Defense. 

Sec. 402. Administration of the industrial expansion program. 

TITLE V—DEFENSE BUDGETING PROCESSES 

Sec. 501. Review of structure of the budget and appropriations for funding of 

defense acquisition programs. 

Sec. 502. Modifications to the Defense Modernization Account. 

Sec. 503. Amendments and repeals to budgetary requirements for defense acquisition. 


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1 SEC. 101. REPEALS OF EXISTING LAW TO STREAMLINE THE 

2 DEFENSE ACQUISITION PROCESS. 

3 (a) IN GENERAL.—The following provisions are here4 by repealed: 

5 (1) Section 3067 of title 10, United States 

6 Code. 

7 (2) Section 3070 of title 10, United States 

8 Code. 

9 (3) Section 3072 of title 10, United States 

10 Code. 

11 (4) Section 874 of the National Defense Au12 thorization Act for Fiscal Year 2018 (Public Law 

13 115–91; 10 U.S.C. note prec. 3101). 

14 (5) Section 913 of the National Defense Au15 thorization Act for Fiscal Year 2018 (Public Law 

16 115–91; 10 U.S.C. note prec. 3101). 

17 (6) Section 810 of the National Defense Au18 thorization Act for Fiscal Year 2016 (Public Law 

19 114–92; 10 U.S.C. note prec. 3101). 

20 (7) Chapter 205 of title 10, United States 

21 Code. 

22 (8) Section 8669b of title 10, United States 

23 Code. 

24 (9) Section 8669c of title 10, United States 

25 Code. 


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1 (10) Section 8688 of title 10, United States 

2 Code. 

3 (11) Section 8696 of title 10, United States 

4 Code. 

5 (12) Section 3135 of title 10, United States 

6 Code. 

7 (13) Section 3138 of title 10, United States 

8 Code. 

9 (14) Section 843 of the National Defense Au10 thorization Act for Fiscal Year 2013 (Public Law 

11 112–239; 10 U.S.C. note prec. 3151). 

12 (15) Section 3152 of title 10, United States 

13 Code. 

14 (16) Section 3153 of title 10, United States 

15 Code. 

16 (17) Section 3154 of title 10, United States 

17 Code. 

18 (18) Section 1281 of the National Defense Au19 thorization Act for Fiscal Year 2017 (Public Law 

20 114–328; 10 U.S.C. 3153 note). 

21 (19) Section 153 of the National Defense Au22 thorization Act for Fiscal Year 2024 (Public Law 

23 118–31; 10 U.S.C. note prec. 3201). 

24 (20) Subsections (a)–(c) of section 804 of the 

25 Duncan Hunter National Defense Authorization Act 


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1 for Fiscal Year 2009 (Public Law 110–417; 122 

2 Stat. 4356). 

3 (21) Section 822 of the National Defense Au4 thorization Act for Fiscal Year 1996 (Public Law 

5 104–106; 10 U.S.C. note prec. 3201). 

6 (22) Section 892 of the National Defense Au7 thorization Act for Fiscal Year 2008 (Public Law 

8 110–181; 10 U.S.C. 3201 note). 

9 (23) Section 805 of the National Defense Au10 thorization Act for Fiscal Year 2004 (Public Law 

11 108–136; 10 U.S.C. 3201 note). 

12 (24) Section 823 of the National Defense Au13 thorization Act for Fiscal Year 2020 (Public Law 

14 116–92; 10 U.S.C. 3204 note). 

15 (25) Section 802 of the National Defense Au16 thorization Act for Fiscal Year 2020 (Public Law 

17 116–92; 10 U.S.C. 3206 note). 

18 (26) Section 3207 of title 10, United States 

19 Code. 

20 (27) Section 807 of the National Defense Au21 thorization Act for Fiscal Year 2018 (Public Law 

22 115–91; 10 U.S.C. 3207 note). 

23 (28) Section 3208 of title 10, United States 

24 Code. 


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1 (29) Section 3222 of title 10, United States 

2 Code. 

3 (30) Section 3223 of title 10, United States 

4 Code. 

5 (31) Section 3224 of title 10, United States 

6 Code. 

7 (32) Section 3225 of title 10, United States 

8 Code. 

9 (33) Section 856 of the National Defense Au10 thorization Act for Fiscal Year 2024 (Public Law 

11 118–31; 10 U.S.C. note prec. 3241). 

12 (34) Section 1513 of the National Defense Au13 thorization Act for Fiscal Year 2024 (Public Law 

14 118–31; 10 U.S.C. note prec. 3241). 

15 (35) Section 219 of the James M. Inhofe Na16 tional Defense Authorization Act for Fiscal Year 

17 2023 (Public Law 117–263; 10 U.S.C. note prec. 

18 3241). 

19 (36) Section 220 of the James M. Inhofe Na20 tional Defense Authorization Act for Fiscal Year 

21 2023 (Public Law 117–263; 10 U.S.C. note prec. 

22 3241). 

23 (37) Section 334 of the National Defense Au24 thorization Act for Fiscal Year 2018 (Public Law 

25 115–91; 10 U.S.C. note prec. 3241). 


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1 (38) Section 231 of the National Defense Au2 thorization Act for Fiscal Year 2017 (Public Law 

3 114–328; 10 U.S.C. note prec. 3241). 

4 (39) Section 852 of the Carl Levin and Howard 

5 P. ‘‘Buck’’ McKeon National Defense Authorization 

6 Act for Fiscal Year 2015 (Public Law 113–291; 10 

7 U.S.C. note prec. 3241). 

8 (40) Section 127 of the Ike Skelton National 

9 Defense Authorization Act for Fiscal Year 2011 

10 (Public Law 111–383; 10 U.S.C. note prec. 3241). 

11 (41) Subsections (a)–(f) of section 866 of the 

12 Ike Skelton National Defense Authorization Act for 

13 Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 

14 note prec. 3241). 

15 (42) Section 143 of the Duncan Hunter Na16 tional Defense Authorization Act for Fiscal Year 

17 2009 (Public Law 110–417; 10 U.S.C. note prec. 

18 3241). 

19 (43) Section 254 of the Duncan Hunter Na20 tional Defense Authorization Act for Fiscal Year 

21 2009 (Public Law 110–417; 10 U.S.C. note prec. 

22 3241). 

23 (44) Section 886 of the National Defense Au24 thorization Act for Fiscal Year 2008 (Public Law 

25 110–181; 10 U.S.C. note prec. 3241). 


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1 (45) Section 890 of the National Defense Au2 thorization Act for Fiscal Year 2008 (Public Law 

3 110–181; 10 U.S.C. note prec. 3241). 

4 (46) Subsections (a)–(c) of section 130 of the 

5 John Warner National Defense Authorization Act 

6 for Fiscal Year 2007 (Public Law 109–364; 10 

7 U.S.C. note prec. 3241). 

8 (47) Section 851 of the Ronald W. Reagan Na9 tional Defense Authorization Act for Fiscal Year 

10 2005 (Public Law 108–375; 10 U.S.C. note prec. 

11 3241). 

12 (48) Subsection (a)–(c) of section 802 of the 

13 National Defense Authorization Act for Fiscal Year 

14 2004 (Public Law 108–136; 10 U.S.C. note prec. 

15 3241). 

16 (49) Section 314 of the Bob Stump National 

17 Defense Authorization Act for Fiscal Year 2003 

18 (Public Law 107–314; 10 U.S.C. note prec. 3241). 

19 (50) Section 826 of the Floyd D. Spence Na20 tional Defense Authorization Act for Fiscal Year 

21 2001 (Public Law 106–398; 10 U.S.C. note prec. 

22 3241). 

23 (51) Section 806 of the Strom Thurmond Na24 tional Defense Authorization Act for Fiscal Year 


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1 1999 (Public Law 105–261; 10 U.S.C. note prec. 

2 3241). 

3 (52) Section 797 of the Department of Defense 

4 Appropriation Act, 1983 (96 Stat. 1865)(as enacted 

5 into law by section 101(c) of the Further Continuing 

6 Appropriations Act, 1983 (Public Law 97–377; 96 

7 Stat. 1833). 

8 (53) Section 3241 of title 10, United States 

9 Code. 

10 (54) Section 368 of the National Defense Au11 thorization Act for Fiscal Year 2012 (Public Law 

12 112–81; 10 U.S.C. 3303 note). 

13 (55) Section 818(a) of the National Defense 

14 Authorization Act for Fiscal Year 2018 (Public Law 

15 115–91; 10 U.S.C. 3304 note). 

16 (56) Section 3247 of title 10, United States 

17 Code. 

18 (57) Section 3323 of title 10, United States 

19 Code. 

20 (58) Section 875 of the National Defense Au21 thorization Act for Fiscal Year 2022 (Public Law 

22 117–81; 10 U.S.C. note prec. 3344 ). 

23 (59) Section 822 of the John S. McCain Na24 tional Defense Authorization Act for Fiscal Year 


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1 2019 (Public Law 115–232; 10 U.S.C. note prec. 

2 3344 ). 

3 (60) Section 816 of the National Defense Au4 thorization Act for Fiscal Year 2006 (Public Law 

5 109–163; 10 U.S.C. note prec. 3344). 

6 (61) Section 809 of the National Defense Au7 thorization Act for Fiscal Year 2008 (Public Law 

8 110–181; 10 U.S.C. note prec. 3371). 

9 (62) Section 3371 of title 10, United States 

10 Code. 

11 (63) Section 3373 of title 10, United States 

12 Code. 

13 (64) Section 3374 of title 10, United States 

14 Code. 

15 (65) Section 883 of the James M. Inhofe Na16 tional Defense Authorization Act for Fiscal Year 

17 2023 (Public Law 117–263; 10 U.S.C. 3372 note). 

18 (66) Section 13004 of the Coronavirus Aid, Re19 lief, and Economic Security Act (Public Law 116– 

20 136; 10 U.S.C. 3372 note). 

21 (67) Section 3375 of title 10, United States 

22 Code. 

23 (68) Section 3455 of title 10, United States 

24 Code. 


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1 (69) Section 803(a)(3) of the National Defense 

2 Authorization Act for Fiscal Year 2022 (Public Law 

3 117–81; 10 U.S.C. 3458). 

4 (70) Section 8008 of the Department of De5 fense Appropriations Act, 1998 (Public Law 105– 

6 56; 10 U.S.C. 3501). 

7 (71) Section 318 of the National Defense Au8 thorization Act for Fiscal Year 2002 (Public Law 

9 107–107; 10 U.S.C. note prec. 3671). 

10 (72) Section 1018 of the John Warner National 

11 Defense Authorization Act for Fiscal Year 2007 

12 (Public Law 109–364; 10 U.S.C. note prec. 3671). 

13 (73) Section 3678 of title 10, United States 

14 Code. 

15 (74) Section 133 of the Bob Stump National 

16 Defense Authorization Act for Fiscal Year 2003 

17 (Public Law 107–314; 10 U.S.C. 3678 note). 

18 (75) Chapter 258 of title 10, United States 

19 Code. 

20 (76) Section 308 of the 2002 Supplemental Ap21 propriations Act for Further Recovery From and 

22 Response To Terrorist Attacks on the United States 

23 (Public Law 107–206, 10 U.S.C. 3678 note). 


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1 (77) Section 831 of the National Defense Au2 thorization Act for Fiscal Year 2013 (Public Law 

3 112–239; 10 U.S.C. note prec. 3701). 

4 (78) Section 817 of the Bob Stump National 

5 Defense Authorization Act for Fiscal Year 2003 

6 (Public Law 107–314; 10 U.S.C. note prec. 3701). 

7 (79) Chapter 273 of title 10, United States 

8 Code. 

9 (80) Section 891 of the William M. (Mac) 

10 Thornberry National Defense Authorization Act for 

11 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

12 3804 note). 

13 (81) Section 231 of the National Defense Au14 thorization Act for Fiscal Year 2024 (Public Law 

15 118–31; 10 U.S.C. 4001 note). 

16 (82) Section 1544 of the National Defense Au17 thorization Act for Fiscal Year 2024 (Public Law 

18 118–31; 10 U.S.C. 4001 note). 

19 (83) Section 225 of the James M. Inhofe Na20 tional Defense Authorization Act for Fiscal Year 

21 2023 (Public Law 117–263; 10 U.S.C. 4001 note). 

22 (84) Section 233 of the James M. Inhofe Na23 tional Defense Authorization Act for Fiscal Year 

24 2023 (Public Law 117–263; 10 U.S.C. 4001 note). 


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1 (85) Section 236 of the James M. Inhofe Na2 tional Defense Authorization Act for Fiscal Year 

3 2023 (Public Law 117–263; 10 U.S.C. 4001 note). 

4 (86) Section 1513 of the James M. Inhofe Na5 tional Defense Authorization Act for Fiscal Year 

6 2023 (Public Law 117–263; 10 U.S.C. 4001 note). 

7 (87) Section 226 of the National Defense Au8 thorization Act for Fiscal Year 2022 (Public Law 

9 117–81; 10 U.S.C. 4001 note). 

10 (88) Section 229 of the National Defense Au11 thorization Act for Fiscal Year 2022 (Public Law 

12 117–81; 10 U.S.C. 4001 note). 

13 (89) Section 380 of the National Defense Au14 thorization Act for Fiscal Year 2022 (Public Law 

15 117–81; 10 U.S.C. 4001 note). 

16 (90) Section 823 of the National Defense Au17 thorization Act for Fiscal Year 2022 (Public Law 

18 117–81; 10 U.S.C. 4001 note). 

19 (91) Section 833 of the National Defense Au20 thorization Act for Fiscal Year 2022 (Public Law 

21 117–81; 10 U.S.C. 4001 note). 

22 (92) Section 220 of the William M. (Mac) 

23 Thornberry National Defense Authorization Act for 

24 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

25 4001 note). 


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1 (93) Section 226 of the William M. (Mac) 

2 Thornberry National Defense Authorization Act for 

3 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

4 4001 note). 

5 (94) Section 233 of the William M. (Mac) 

6 Thornberry National Defense Authorization Act for 

7 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

8 4001 note). 

9 (95) Section 236 of the William M. (Mac) 

10 Thornberry National Defense Authorization Act for 

11 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

12 4001 note). 

13 (96) Section 249 of the William M. (Mac) 

14 Thornberry National Defense Authorization Act for 

15 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

16 4001 note). 

17 (97) Section 223 of the National Defense Au18 thorization Act for Fiscal Year 2020 (Public Law 

19 116–92; 10 U.S.C. 4001 note). 

20 (98) Section 228 of the National Defense Au21 thorization Act for Fiscal Year 2020 (Public Law 

22 116–92; 10 U.S.C. 4001 note). 

23 (99) Section 229 of the National Defense Au24 thorization Act for Fiscal Year 2020 (Public Law 

25 116–92; 10 U.S.C. 4001 note). 


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1 (100) Section 232 of the National Defense Au2 thorization Act for Fiscal Year 2020 (Public Law 

3 116–92; 10 U.S.C. 4001 note). 

4 (101) Section 227 of the John S. McCain Na5 tional Defense Authorization Act for Fiscal Year 

6 2019 (Public Law 115–232; 10 U.S.C. 4001 note). 

7 (102) Section 217 of the National Defense Au8 thorization Act for Fiscal Year 2018 (Public Law 

9 115–91; 10 U.S.C. 4001 note). 

10 (103) Section 1056 of the National Defense 

11 Authorization Act for Fiscal Year 2016 (Public Law 

12 114–92; 10 U.S.C. 4001 note). 

13 (104) Section 802 of the Cooperative Threat 

14 Reduction Act of 1993 (Public Law 103–160; 10 

15 U.S.C. 4001 note). 

16 (105) Section 231 of the National Defense Au17 thorization Act for Fiscal Year 2022 (Public Law 

18 117–81; 10 U.S.C. 4007 note). 

19 (106) Section 1603 of the National Defense 

20 Authorization Act for Fiscal Year 2014 (Public Law 

21 113–66; 10 U.S.C. 4007 note). 

22 (107) Section 4010 of title 10, United States 

23 Code. 


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1 (108) Section 222 of the John S. McCain Na2 tional Defense Authorization Act for Fiscal Year 

3 2019 (Public Law 115–232; 10 U.S.C. 4014 note). 

4 (109) Section 873 of the John S. McCain Na5 tional Defense Authorization Act for Fiscal Year 

6 2019 (Public Law 115–232; 10 U.S.C. 4021 note). 

7 (110) Section 13006 of the Coronavirus Aid, 

8 Relief, and Economic Security Act (Public Law 

9 116–136; 10 U.S.C. 4022 note). 

10 (111) Section 1543 of the National Defense 

11 Authorization Act for Fiscal Year 2024 (Public Law 

12 118–31; 10 U.S.C. 4025 note). 

13 (112) Section 1089 of the National Defense 

14 Authorization Act for Fiscal Year 2018 (Public Law 

15 115–91; 10 U.S.C. 4025 note). 

16 (113) Section 4027 of title 10, United States 

17 Code. 

18 (114) Section 220 of the John S. McCain Na19 tional Defense Authorization Act for Fiscal Year 

20 2019 (Public Law 115–232; 10 U.S.C. note prec. 

21 4061). 

22 (115) Section 230 of the John S. McCain Na23 tional Defense Authorization Act for Fiscal Year 

24 2019 (Public Law 115–232; 10 U.S.C. note prec. 

25 4061). 


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1 (116) Section 225 of the National Defense Au2 thorization Act for Fiscal Year 2018 (Public Law 

3 115–91; 10 U.S.C. note prec. 4061). 

4 (117) Section 812 of the National Defense Au5 thorization Act for Fiscal Year 2000 (Public Law 

6 106–65; 10 U.S.C. note prec. 4061). 

7 (118) Section 4066 of title 10, United States 

8 Code. 

9 (119) Section 4067 of title 10, United States 

10 Code. 

11 (120) Section 1708(b) of the William M. (Mac) 

12 Thornberry National Defense Authorization Act for 

13 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

14 4092 note). 

15 (121) Section 250 of the William M. (Mac) 

16 Thornberry National Defense Authorization Act for 

17 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

18 4093 note). 

19 (122) Sectional 1104(f) of the National Defense 

20 Authorization Act for Fiscal Year 2006 (Public Law 

21 109–163; 10 U.S.C. 4093 note). 

22 (123) Section 4957 of title 10, United States 

23 Code. 


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1 (124) Section 905 of the John S. McCain Na2 tional Defense Authorization Act for Fiscal Year 

3 2019 (Public Law 115–232; 10 U.S.C. 4125 note). 

4 (125) Section 235 of the National Defense Au5 thorization Act for Fiscal Year 2017 (Public Law 

6 114–328; 10 U.S.C. 4126 note). 

7 (126) Section 227 of the National Defense Au8 thorization Act for Fiscal Year 2024 (Public Law 

9 118–31; 10 U.S.C. note prec. 4141). 

10 (127) Section 252 of the National Defense Au11 thorization Act for Fiscal Year 2020 (Public Law 

12 116–92; 10 U.S.C. note prec. 4141). 

13 (128) Section 233 of the National Defense Au14 thorization Act for Fiscal Year 2017 (Public Law 

15 114–328; 10 U.S.C. note prec. 4141). 

16 (129) Section 4142 of title 10, United States 

17 Code. 

18 (130) Section 4143 of title 10, United States 

19 Code. 

20 (131) Section 843 of the John S. McCain Na21 tional Defense Authorization Act for Fiscal Year 

22 2019 (Public Law 115–232; 10 U.S.C. note prec. 

23 4171). 


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1 (132) Section 839 of the National Defense Au2 thorization Act for Fiscal Year 2018 (Public Law 

3 115–91; 10 U.S.C. note prec. 4171). 

4 (133) Section 242 of the National Defense Au5 thorization Act for Fiscal Year 2024 (Public Law 

6 118–31; 10 U.S.C. note prec. 4172). 

7 (134) Section 223 of the National Defense Au8 thorization Act for Fiscal Year 2022 (Public Law 

9 117–81; 10 U.S.C. 4172 note). 

10 (135) Section 1043 of the National Defense 

11 Authorization Act for Fiscal Year 2010 (Public Law 

12 111–84; 10 U.S.C. 4174 note). 

13 (136) Section 828 of the National Defense Au14 thorization Act for Fiscal Year 2016 (Public Law 

15 114–92; 10 U.S.C. note prec. 4201). 

16 (137) Section 4203 of title 10, United States 

17 Code. 

18 (138) Section 4204 of title 10, United States 

19 Code. 

20 (139) Section 1676(b) of the National Defense 

21 Authorization Act for Fiscal Year 2018 (Public Law 

22 115–91; 10 U.S.C. 4205 note). 

23 (140) Section 1683 of the National Defense 

24 Authorization Act for Fiscal Year 2018 (Public Law 

25 115–91; 10 U.S.C. 4205 note). 


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1 (141) Section 1685 of the National Defense 

2 Authorization Act for Fiscal Year 2018 (Public Law 

3 115–91; 10 U.S.C. 4205 note). 

4 (142) Section 1686 of the National Defense 

5 Authorization Act for Fiscal Year 2018 (Public Law 

6 115–91; 10 U.S.C. 4205 note). 

7 (143) Section 1688 of the National Defense 

8 Authorization Act for Fiscal Year 2018 (Public Law 

9 115–91; 10 U.S.C. 4205 note). 

10 (144) Section 1681(b) of the National Defense 

11 Authorization Act for Fiscal Year 2020 (Public Law 

12 116–92; 10 U.S.C. 4205 note). 

13 (145) Section 1687 of the National Defense 

14 Authorization Act for Fiscal Year 2017 (Public Law 

15 114–328; 10 U.S.C. 4205 note). 

16 (146) Section 1689 of the National Defense 

17 Authorization Act for Fiscal Year 2017 (Public Law 

18 114–328; 10 U.S.C. 4205 note). 

19 (147) Section 1692 of the National Defense 

20 Authorization Act for Fiscal Year 2017 (Public Law 

21 114–328; 10 U.S.C. 4205 note). 

22 (148) Section 1618 of the National Defense 

23 Authorization Act for Fiscal Year 2016 (Public Law 

24 114–92; 10 U.S.C. 4205 note). 


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1 (149) Section 1675 of the National Defense 

2 Authorization Act for Fiscal Year 2016 (Public Law 

3 114–92; 10 U.S.C. 4205 note). 

4 (150) Section 1680 of the National Defense 

5 Authorization Act for Fiscal Year 2016 (Public Law 

6 114–92; 10 U.S.C. 4205 note). 

7 (151) Section 1681 of the National Defense 

8 Authorization Act for Fiscal Year 2016 (Public Law 

9 114–92; 10 U.S.C. 4205 note). 

10 (152) Section 1682 of the National Defense 

11 Authorization Act for Fiscal Year 2016 (Public Law 

12 114–92; 10 U.S.C. 4205 note). 

13 (153) Section 1684 of the National Defense 

14 Authorization Act for Fiscal Year 2016 (Public Law 

15 114–92; 10 U.S.C. 4205 note). 

16 (154) Section 1684 of the National Defense 

17 Authorization Act for Fiscal Year 2016 (Public Law 

18 114–92; 10 U.S.C. 4205 note). 

19 (155) Section 1687 of the National Defense 

20 Authorization Act for Fiscal Year 2016 (Public Law 

21 114–92; 10 U.S.C. 4205 note). 

22 (156) Section 1662 of the Carl Levin and How23 ard P. ‘‘Buck’’ McKeon National Defense Authoriza24 tion Act for Fiscal Year 2015 (Public Law 113–291; 

25 10 U.S.C. 4205 note). 


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1 (157) Section 1663 of the Carl Levin and How2 ard P. ‘‘Buck’’ McKeon National Defense Authoriza3 tion Act for Fiscal Year 2015 (Public Law 113–291; 

4 10 U.S.C. 4205 note). 

5 (158) Section 235 of the National Defense Au6 thorization Act for Fiscal Year 2014 (Public Law 

7 113–66; 10 U.S.C. 4205 note). 

8 (159) Section 237 of the National Defense Au9 thorization Act for Fiscal Year 2014 (Public Law 

10 113–66; 10 U.S.C. 4205 note). 

11 (160) Section 223(a)–(d) of the Ike Skelton 

12 National Defense Authorization Act for Fiscal Year 

13 2011 (Public Law 111–383; 10 U.S.C. 4205 note). 

14 (161) Section 233 of the Duncan Hunter Na15 tional Defense Authorization Act for Fiscal Year 

16 2009 (Public Law 110–417; 10 U.S.C. 4205 note). 

17 (162) Section 223 of the John Warner National 

18 Defense Authorization Act for Fiscal Year 2007 

19 (Public Law 109–364; 10 U.S.C. 4205 note). 

20 (163) Section 234 of the National Defense Au21 thorization Act for Fiscal Year 2006 (Public Law 

22 109–163; 10 U.S.C. 4205 note). 

23 (164) Section 232 of the Ronald W. Reagan 

24 National Defense Authorization Act for Fiscal Year 

25 2005 (Public Law 108–375; 10 U.S.C. 4205 note). 


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1 (165) Section 234 of the Ronald W. Reagan 

2 National Defense Authorization Act for Fiscal Year 

3 2005 (Public Law 108–375; 10 U.S.C. 4205 note). 

4 (166) Section 224 of the Bob Stump National 

5 Defense Authorization Act for Fiscal Year 2003 

6 (Public Law 107–314; 10 U.S.C. 4205 note). 

7 (167) Section 234 of the National Defense Au8 thorization Act for Fiscal Year 2002 (Public Law 

9 107–107; 10 U.S.C. 4205 note). 

10 (168) Section 3132 of the Floyd D. Spence Na11 tional Defense Authorization Act for Fiscal Year 

12 2001 (Public Law 106–398; 10 U.S.C. 4205 note). 

13 (169) Section 235 of the Cooperative Threat 

14 Reduction Act of 1993 (Public Law 103–160; 10 

15 U.S.C. 4205 note). 

16 (170) Section 243 of the Cooperative Threat 

17 Reduction Act of 1993 (Public Law 103–160; 10 

18 U.S.C. 4205 note). 

19 (171) Section 231 of the Armament Retooling 

20 and Manufacturing Support Act of 1992 (Public 

21 Law 102–484; 10 U.S.C. 4205 note). 

22 (172) Section 224 of the Department of Energy 

23 National Security and Military Applications of Nu24 clear Energy Authorization Act of 1988 (Public Law 

25 100–180; 10 U.S.C. 4205 note). 


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1 (173) Section 227 of the Department of Energy 

2 National Security and Military Applications of Nu3 clear Energy Authorization Act of 1988 (Public Law 

4 100–180; 10 U.S.C. 4205 note). 

5 (174) Section 213 of the Barry Goldwater 

6 Scholarship and Excellence in Education Act (Public 

7 Law 99–661; 10 U.S.C. 4205 note). 

8 (175) Section 1252 of the Defense Procurement 

9 Reform Act of 1984 (Public Law 98–525; 10 U.S.C. 

10 4205 note). 

11 (176) Section 8104 of the Department of De12 fense Appropriations Act, 1985 (10 U.S.C. 4205 

13 note) (as enacted into law by section 101(h) of the 

14 Joint Resolution entitled ‘‘Joint Resolution con15 tinuing appropriations for the fiscal year 1985, and 

16 for other purposes’’, approved October 12, 1984 

17 (Public Law 98–473; 98 Stat. 1837). 

18 (177) Section 208 of the Department of Energy 

19 National Security and Military Applications of Nu20 clear Energy Authorization Act of 1988 (Public Law 

21 100–180; 10 U.S.C. 4205 note). 

22 (178) Section 802 of the Military Construction 

23 Authorization Act, 1981 (Public Law 96–418; 10 

24 U.S.C. 4205 note). 


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1 (179) Section 202 of the Department of De2 fense Authorization Act, 1981 (Public Law 96–342; 

3 10 U.S.C. 4205 note). 

4 (180) Section 202 of the Department of De5 fense Supplemental Appropriation Authorization 

6 Act, 1979 (Public Law 96–29; 10 U.S.C. 4205 

7 note). 

8 (181) Section 608 of the Military Construction 

9 Authorization Act, 1975 (Public Law 93–552; 10 

10 U.S.C. 4205 note). 

11 (182) Section 837 of the National Defense Au12 thorization Act for Fiscal Year 2018 (Public Law 

13 115–91; 10 U.S.C. note prec. 4211). 

14 (183) Section 812 of the Ike Skelton National 

15 Defense Authorization Act for Fiscal Year 2011 

16 (Public Law 111–383; 10 U.S.C. note prec. 4211). 

17 (184) Section 806 of the National Defense Au18 thorization Act for Fiscal Year 2006 (Public Law 

19 109–163; 10 U.S.C. note prec. 4211). 

20 (185) Section 4212 of title 10, United States 

21 Code. 

22 (186) Section 4214 of title 10, United States 

23 Code. 

24 (187) Section 818(b)–(f) of the John Warner 

25 National Defense Authorization Act for Fiscal Year 


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1 2007 (Public Law 109–364; 10 U.S.C. note prec. 

2 4231). 

3 (188) Section 4231 of title 10, United States 

4 Code. 

5 (189) Section 832 of the National Defense Au6 thorization Act for Fiscal Year 2020 (Public Law 

7 116–92; 10 U.S.C. 4251 note). 

8 (190) Section 802(d)(2) of the National De9 fense Authorization Act for Fiscal Year 2016 (Pub10 lic Law 114–92; 10 U.S.C. 4251 note). 

11 (191) Section 838(a)(3)–(4) of the National 

12 Defense Authorization Act for Fiscal Year 2018 

13 (Public Law 115–91; 10 U.S.C. 4252 note). 

14 (192) Section 1047(d) of the Duncan Hunter 

15 National Defense Authorization Act for Fiscal Year 

16 2009 (Public Law 110–417; 10 U.S.C. 4252 note). 

17 (193) Subchapter IV of chapter 322 of title 10, 

18 United States Code. 

19 (194) Section 814 of the Duncan Hunter Na20 tional Defense Authorization Act for Fiscal Year 

21 2009 (Public Law 110–417; 10 U.S.C. 4271 note). 

22 (195) Section 925(b) of the National Defense 

23 Authorization Act for Fiscal Year 2017 (Public Law 

24 114–328; 10 U.S.C. 4271 note). 


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1 (196) Section 802 of the National Defense Au2 thorization Act for Fiscal Year 2008 (Public Law 

3 110–181; 10 U.S.C. 4292 note). 

4 (197) Section 4321 of title 10, United States 

5 Code. 

6 (198) Section 4323 of title 10, United States 

7 Code. 

8 (199) Section 4325 of title 10, United States 

9 Code. 

10 (200) Section 4328 of title 10, United States 

11 Code. 

12 (201) Section 812 of the John Warner National 

13 Defense Authorization Act for Fiscal Year 2007 

14 (Public Law 109–364; 10 U.S.C. 4325 note). 

15 (202) Section 4372 of title 10, United States 

16 Code. 

17 (203) Section 4373 of title 10, United States 

18 Code. 

19 (204) Section 4376 of title 10, United States 

20 Code. 

21 (205) Section 4377 of title 10, United States 

22 Code. 

23 (206) Section 4402 of title 10, United States 

24 Code. 


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1 (207) Subchapter II of chapter 327 of title 10, 

2 United States Code. 

3 (208) Section 224 of the National Defense Au4 thorization Act for Fiscal Year 2020 (Public Law 

5 116–92; 10 U.S.C. note prec. 4501). 

6 (209) Section 833 of the Ike Skelton National 

7 Defense Authorization Act for Fiscal Year 2011 

8 (Public Law 111–383; 10 U.S.C. note prec. 4501). 

9 (210) Section 831(b) of the Ike Skelton Na10 tional Defense Authorization Act for Fiscal Year 

11 2011 (Public Law 111–383; 10 U.S.C. note prec. 

12 4501). 

13 (211) Section 846 of the National Defense Au14 thorization Act for Fiscal Year 2013 (Public Law 

15 112–239; 10 U.S.C. note prec. 4501). 

16 (212) Section 863(a)–(h) of the Ike Skelton 

17 National Defense Authorization Act for Fiscal Year 

18 2011 (Public Law 111–383; 10 U.S.C. note prec. 

19 4501). 

20 (213) Section 808 of the National Defense Au21 thorization Act for Fiscal Year 2008 (Public Law 

22 110–181; 10 U.S.C. note prec. 4501). 

23 (214) Section 832 of the John Warner National 

24 Defense Authorization Act for Fiscal Year 2007 

25 (Public Law 109–364; 10 U.S.C. note prec. 4501). 


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1 (215) Section 4505 of title 10, United States 

2 Code. 

3 (216) Section 4506 of title 10, United States 

4 Code. 

5 (217) Section 883(e) of the National Defense 

6 Authorization Act for Fiscal Year 2016 (Public Law 

7 114–92; 10 U.S.C. note prec. 4571). 

8 (218) Section 938 of the National Defense Au9 thorization Act for Fiscal Year 2014 (Public Law 

10 113–66; 10 U.S.C. note prec. 4571). 

11 (219) Section 1526 of the National Defense 

12 Authorization Act for Fiscal Year 2024 (Public Law 

13 118–31; 10 U.S.C. 4571 note). 

14 (220) Section 221 of the James M. Inhofe Na15 tional Defense Authorization Act for Fiscal Year 

16 2023 (Public Law 117–263; 10 U.S.C. 4571 note). 

17 (221) Section 233 of the National Defense Au18 thorization Act for Fiscal Year 2022 (Public Law 

19 117–81; 10 U.S.C. 4571 note). 

20 (222) Section 224 of the William M. (Mac) 

21 Thornberry National Defense Authorization Act for 

22 Fiscal Year 2021(Public Law 116–283;10 U.S.C. 

23 4571 note). 

24 (223) Section 225 of the William M. (Mac) 

25 Thornberry National Defense Authorization Act for 


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1 Fiscal Year 2021(Public Law 116–283;10 U.S.C. 

2 4571 note). 

3 (224) Section 835 of the William M. (Mac) 

4 Thornberry National Defense Authorization Act for 

5 Fiscal Year 2021(Public Law 116–283;10 U.S.C. 

6 4571 note). 

7 (225) Section 226 of the National Defense Au8 thorization Act for Fiscal Year 2020 (Public Law 

9 116–92; 10 U.S.C. 4571 note). 

10 (226) Section 231 of the National Defense Au11 thorization Act for Fiscal Year 2020 (Public Law 

12 116–92; 10 U.S.C. 4571 note). 

13 (227) Section 254 of the National Defense Au14 thorization Act for Fiscal Year 2020 (Public Law 

15 116–92; 10 U.S.C. 4571 note). 

16 (228) Section 255 of the National Defense Au17 thorization Act for Fiscal Year 2020 (Public Law 

18 116–92; 10 U.S.C. 4571 note). 

19 (229) Section 1651 of the National Defense 

20 Authorization Act for Fiscal Year 2020 (Public Law 

21 116–92; 10 U.S.C. 4571 note). 

22 (230) Section 1755 of the National Defense 

23 Authorization Act for Fiscal Year 2020 (Public Law 

24 116–92; 10 U.S.C. 4571 note). 


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1 (231) Section 868 of the John S. McCain Na2 tional Defense Authorization Act for Fiscal Year 

3 2019 (Public Law 115–232; 10 U.S.C. 4571 note). 

4 (232) Section 1064 of the John S. McCain Na5 tional Defense Authorization Act for Fiscal Year 

6 2019 (Public Law 115–232; 10 U.S.C. 4571 note). 

7 (233) Section 1272 of the National Defense 

8 Authorization Act for Fiscal Year 2018 (Public Law 

9 115–91; 10 U.S.C. 4571 note). 

10 (234) Section 854 of the Carl Levin and How11 ard P. ‘Buck’ McKeon National Defense Authoriza12 tion Act for Fiscal Year 2015 (Public Law 113–291; 

13 10 U.S.C. 4571 note). 

14 (235) Section 2867 of the National Defense 

15 Authorization Act for Fiscal Year 2012 (Public Law 

16 112–81; 10 U.S.C. 4571 note). 

17 (236) Section 215 of the Ike Skelton National 

18 Defense Authorization Act for Fiscal Year 2011 

19 (Public Law 111–383; 10 U.S.C. 4571 note). 

20 (237) Section 881 of the National Defense Au21 thorization Act for Fiscal Year 2008 (Public Law 

22 110–181; 10 U.S.C. 4571 note). 

23 (238) Section 804 of the Bob Stump National 

24 Defense Authorization Act for Fiscal Year 2003 

25 (Public Law 107–314; 10 U.S.C. 4571 note). 


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1 (239) Chapter 345 of title 10, United States 

2 Code. 

3 (240) Section 4703 of title 10, United States 

4 Code. 

5 (241) Section 334 of the National Defense Au6 thorization Act for Fiscal Year 2022 (Public Law 

7 117–81; 10 U.S.C. 113 note). 

8 (242) Section 378 of the National Defense Au9 thorization Act for Fiscal Year 2022 (Public Law 

10 117–81; 10 U.S.C. 113 note). 

11 (243) Section 846(a) of the William M. (Mac) 

12 Thornberry National Defense Authorization Act for 

13 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

14 4811 note). 

15 (244) Section 4813 of title 10, United States 

16 Code. 

17 (245) Section 4814 of title 10, United States 

18 Code. 

19 (246) Section 4815 of title 10, United States 

20 Code. 

21 (247) Section 4816 of title 10, United States 

22 Code. 

23 (248) Section 4173 of title 10, United States 

24 Code. 


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1 (249) Section 2228 of title 10, United States 

2 Code. 

3 (250) Section 3249 of title 10, United States 

4 Code. 

5 (251) Section 932 of the Ike Skelton National 

6 Defense Authorization Act for Fiscal Year 2011 

7 (Public Law 111–383; 10 U.S.C. 2224 note). 

8 (252) Section 849 of the National Defense Au9 thorization Act for Fiscal Year 2018 (Public Law 

10 115–91; 131 Stat. 1487). 

11 (253) Section 839 of the John S. McCain Na12 tional Defense Authorization Act for Fiscal Year 

13 2019 (Public Law 115–232; 132 Stat. 1876). 

14 (254) Section 387(c) of the National Defense 

15 Authorization Act for Fiscal Year 1998 (Public Law 

16 105–85, 10 U.S.C. 195 note). 

17 (255) Section 804 of the National Defense Au18 thorization Act for Fiscal Year 2010 (Public Law 

19 111–84; 123 Stat. 2402). 

20 (256) Section 881 of the National Defense Au21 thorization Act for Fiscal Year 2016 (Public Law 

22 114–92; 10 U.S.C. note prec. 4601). 

23 (257) Section 802 of the Ronald W. Reagan 

24 National Defense Authorization Act for Fiscal Year 


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1 2005 (Public Law 108–375; 10 U.S.C. note prec. 

2 3062). 

3 (258) Section 326 of the National Defense Au4 thorization Act for Fiscal Year 1993 (Public Law 

5 102–484; 10 U.S.C. 3201 note). 

6 (259) Section 913 of the Department of De7 fense Authorization Act, 1986 (Public Law 99–145; 

8 10 U.S.C. note prec. 3201). 

9 (260) Section 821 of the National Defense Au10 thorization Act for Fiscal Year 2008 (Public Law 

11 110–181; 10 U.S.C. note prec. 3451). 

12 (261) Section 207(a)–(c) of the Weapon Sys13 tems Acquisition Reform Act of 2009 (Public Law 

14 111–23; 10 U.S.C. note prec. 4292). 

15 (262) Section 824(a) of the Ike Skelton Na16 tional Defense Authorization Act for Fiscal Year 

17 2011 (Public Law 111–383; 10 U.S.C. 3774 note). 

18 (263) Section 805 of the National Defense Au19 thorization Act for Fiscal Year 2008 (Public Law 

20 110–181; 10 U.S.C. note prec. 3451). 

21 (264) Section 844(b) of the National Defense 

22 Authorization Act for Fiscal Year 2016 (Public Law 

23 114–92; 10 U.S.C. 3453 note). 


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1 (265) Section 328 of the National Defense Au2 thorization Act for Fiscal Year 2010 (Public Law 

3 111–84; 10 U.S.C. 2458 note). 

4 (266) Section 325 of the Ronald W. Reagan 

5 National Defense Authorization Act for Fiscal Year 

6 2005 (Public Law 108–375; 10 U.S.C. 2461 note). 

7 (267) Section 356 of the National Defense Au8 thorization Act for Fiscal Year 1996 (Public Law 

9 104–106; 10 U.S.C. 2461 note). 

10 (268) Section 256 of the Duncan Hunter Na11 tional Defense Authorization Act for Fiscal Year 

12 2009 (Public Law 110–417; 10 U.S.C. 4811 note). 

13 (269) Section 238(b) of the National Defense 

14 Authorization Act for Fiscal Year 2008 (Public Law 

15 110–181; 10 U.S.C. 4841 note). 

16 (270) Subtitle D of title II of the National De17 fense Authorization Act for Fiscal Year 2006 (Pub18 lic Law 109–163; 119 Stat. 3175). 

19 (271) Section 8062 of the Department of De20 fense Appropriations Act, 2004 (Public Law 108– 

21 87; 10 U.S.C. 4841 note). 

22 (272) Section 214 of the National Defense Au23 thorization Act for Fiscal Year 2008 (Public Law 

24 110–181; 10 U.S.C. 4841 note). 


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1 (273) Section 227 of the National Defense Au2 thorization Act for Fiscal Year 2020 (Public Law 

3 116–92; 10 U.S.C. 4841 note). 

4 (274) Section 215 of the James M. Inhofe Na5 tional Defense Authorization Act for Fiscal Year 

6 2023 (Public Law 117–263; 10 U.S.C. 4841 note). 

7 (275) Section 223 of the National Defense Au8 thorization Act for Fiscal Year 2024 (Public Law 

9 118–31; 10 U.S.C. 4841 note). 

10 (276) Section 846 of the John S. McCain Na11 tional Defense Authorization Act for Fiscal Year 

12 2019 (Public Law 115–232; 10 U.S.C. 4811 note). 

13 (277) Section 849 of the William M. (Mac) 

14 Thornberry National Defense Authorization Act for 

15 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

16 4811 note). 

17 (278) Section 847 of the National Defense Au18 thorization Act for Fiscal Year 2022 (Public Law 

19 117–81; 10 U.S.C. 4811 note). 

20 (279) Section 844 of the National Defense Au21 thorization Act for Fiscal Year 2022 (Public Law 

22 117–81; 10 U.S.C. 4811 note). 

23 (280) Section 8133 of the Department of De24 fense Appropriations Act, 2000 (Public Law 106– 

25 79; 113 Stat. 1267). 


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1 (281) Section 867 of the National Defense Au2 thorization Act for Fiscal Year 2022 (Public Law 

3 117–81; 10 U.S.C. 221 note). 

4 (282) Section 322 of the National Defense Au5 thorization Act for Fiscal Year 2017 (Public 114– 

6 328; 10 U.S.C. 2228 note). 

7 (283) Section 813 of the National Defense Au8 thorization Act for Fiscal Year 2024 (Public Law 

9 118–31; 10 U.S.C. 3458 note). 

10 (284) Section 323 of the National Defense Au11 thorization Act for Fiscal Year 2014 (Public Law 

12 113–66; 10 U.S.C. 4551). 

13 (285) Section 218 of the William M. (Mac) 

14 Thornberry National Defense Authorization Act for 

15 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

16 8013 note). 

17 (b) CLERICAL AMENDMENTS.— 

18 (1) The table of sections at the beginning of 

19 chapter 131 of title 10, United States Code, is 

20 amended by striking the item related to section 

21 2228. 

22 (2) The table of sections at the beginning of 

23 chapter 203 of title 10, United States Code, is 

24 amended by striking the items related to sections 

25 3067, 3070, and 3072. 


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1 (3) The table of sections at the beginning of 

2 chapter 207 of title 10, United States Code, is 

3 amended by striking the items related to sections 

4 3135 and 3138. 

5 (4) The table of sections at the beginning of 

6 subchapter I of chapter 209 of title 10, United 

7 States Code, is amended by striking the items re8 lated to sections 3152, 3153, and 3154. 

9 (5) The table of sections at the beginning of 

10 chapter 221 of title 10, United States Code, is 

11 amended by striking the items related to sections 

12 3207 and 3208. 

13 (6) The table of sections at the beginning of 

14 chapter 222 of title 10, United States Code, is 

15 amended by striking the items related to sections 

16 3222, 3223, 3224, and 3225. 

17 (7) The table of sections at the beginning of 

18 chapter 223 of title 10, United States Code, is 

19 amended by striking the items related to sections 

20 3241, 3247, and 3249. 

21 (8) The table of sections at the beginning of 

22 chapter 242 of title 10, United States Code, is 

23 amended by striking the item related to section 

24 3323. 


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1 (9) The table of sections at the beginning of 

2 chapter 244 of title 10, United States Code, is 

3 amended by striking the items related to sections 

4 3371, 3373, 3374, and 3375. 

5 (10) The table of sections at the beginning of 

6 chapter 247 of title 10, United States Code, is 

7 amended by striking the item related to section 

8 3455. 

9 (11) The table of sections at the beginning of 

10 chapter 257 of title 10, United States Code, is 

11 amended by striking the item related to section 

12 3678. 

13 (12) The table of sections at the beginning of 

14 chapter 301 of title 10, United States Code, is 

15 amended by striking the items related to sections 

16 4010 and 4027. 

17 (13) The table of sections at the beginning of 

18 chapter 303 of title 10, United States Code, is 

19 amended by striking the items related to sections 

20 4066, 4067, 4142, and 4143. 

21 (14) The table of sections at the beginning of 

22 chapter 307 of title 10, United States Code, is 

23 amended by striking the item related to section 

24 4173. 


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1 (15) The table of sections at the beginning of 

2 chapter 321 of title 10, United States Code, is 

3 amended by striking the items related to sections 

4 4203 and 4204. 

5 (16) The table of sections at the beginning of 

6 subchapter I of chapter 322 of title 10, United 

7 States Code is amended by striking the item related 

8 to section 4231. 

9 (17) The table of sections at the beginning of 

10 subchapter II of chapter 322 of title 10, United 

11 States Code is amended by striking the items related 

12 to sections 4212 and 4214. 

13 (18) The table of subchapters at the beginning 

14 of chapter 322 of title 10, United States Code is 

15 amended by striking the item related to subchapter 

16 IV. 

17 (19) The table of sections at the beginning of 

18 chapter 323 of title 10, United States Code is 

19 amended by striking the item related to sections 

20 4321, 4323, 4325, and 4328. 

21 (20) The table of sections at the beginning of 

22 chapter 325 of title 10, United States Code is 

23 amended by striking the item related to sections 

24 4372, 4373, 4376, and 4377. 


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1 (21) The table of subchapters at the beginning 

2 of chapter 327 of title 10, United States Code is 

3 amended by striking the item related to subchapter 

4 II. 

5 (22) The table of sections at the beginning of 

6 subchapter I of chapter 327 of title 10, United 

7 States Code is amended by striking the item related 

8 to section 4402. 

9 (23) The table of sections at the beginning of 

10 chapter 341 of title 10, United States Code is 

11 amended by striking the items related to sections 

12 4505 and 4506. 

13 (24) The table of chapters for part V of title 

14 10, United States Code, is amended by striking the 

15 items related to chapters 205, 258, 273, and 345. 

16 (25) The table of sections at the beginning of 

17 chapter 365 of title 10, United States Code is 

18 amended by striking the item related to section 

19 4703. 

20 (26) The table of sections at the beginning of 

21 chapter 382 of title 10, United States Code is 

22 amended by striking the items related to sections 

23 4813, 4814, 4815, and 4816. 

24 (27) The table of sections at the beginning of 

25 chapter 388 of title 10, United States Code, is 


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1 amended by striking the item related to section 

2 4957. 

3 (28) The table of sections at the beginning of 

4 chapter 863 of title 10, United States Code, is 

5 amended by striking the items related to sections 

6 8669b, 8669c, 8688, and 8696. 

7 SEC. 102. MODIFICATIONS TO CURRENT DEFENSE ACQUISI8 TION REQUIREMENTS. 

9 (a) MODIFICATIONS TO TITLE 40.—Section 11101 of 

10 title 40, United States Code, is amended by striking para11 graph (2) and inserting the following: 

12 ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive 

13 agency’ means— 

14 ‘‘(A) an executive department specified in 

15 section 101 of title 5, other than the Depart16 ment of Defense; 

17 ‘‘(B) an independent establishment as de18 fined in section 104(1) of title 5; and 

19 ‘‘(C) a wholly owned Government corpora20 tion fully subject to chapter 91 of title 31.’’. 

21 (b) MODIFICATIONS TO TITLE 10.—Title 10, United 

22 States Code, is amended— 

23 (1) in section 2222— 

24 (A) by striking subsections (e) through (g); 

25 and 


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1 (B) by redesignating subsections (h) and 

2 (i) as subsections (e) and (f), respectively; and 

3 (C) in subsection (f), as redesignated by 

4 subparagraph (B) by striking paragraphs (9), 

5 (10), and (11); 

6 (2) in section 3012(3)(B), by striking ‘‘lowest 

7 overall cost alternative’’ and inserting ‘‘best value’’; 

8 (3) in section 3069— 

9 (A) in subsection (a), by striking ‘‘if that 

10 head of an agency’’ and all that follows through 

11 ‘‘a complete end item’’; 

12 (B) by striking subsections (b) through 

13 (d); and 

14 (C) by redesignating subsection (e) as sub15 section (b); 

16 (4) in section 3204— 

17 (A) in subsection (a)— 

18 (i) by redesignating paragraphs (2) 

19 through (7) as paragraphs (3) through (8), 

20 respectively; 

21 (ii) by inserting after paragraph (1), 

22 the following: 

23 ‘‘(2) market research indicates that the prop24 erty or service needed by the agency provides difVerDate Sep 11 2014 21:06 Jan 27, 2025 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S5618.IS S5618

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1 ferentiated capabilities, accelerated delivery sched2 ules, or continuous improvements;’’. 

3 (B) by striking subsections (b), (c), (d), 

4 and (g); 

5 (C) by redesignating subsections (e) and 

6 (f) as subsections (b) and (c), respectively; 

7 (D) in subsection (b), as redesignated by 

8 subparagraph (C)— 

9 (i) in paragraph (1)— 

10 (I) in subparagraph (A), by strik11 ing ‘‘and certifies the accuracy and 

12 completeness of the justification’’ and 

13 inserting ‘‘in a manner that provides 

14 an accurate and complete justifica15 tion’’; and 

16 (II) in subparagraph (B)— 

17 (aa) by striking 

18 ‘‘$10,000,000’’ each place it ap19 pears and inserting 

20 ‘‘$100,000,000’’; 

21 (bb) in clause (i), by striking 

22 ‘‘$500,000’’ and inserting 

23 ‘‘$10,000,000’’; and 


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1 (cc) in clause (iii), by strik2 ing ‘‘$75,000,000’’ and inserting 

3 ‘‘$500,000,000’’; 

4 (ii) in paragraph (3), by striking ‘‘by 

5 subsection (a)(2)’’ and inserting ‘‘by para6 graphs (3) or (4)(A) of subsection (a)’’; 

7 and 

8 (iii) in paragraph (4)— 

9 (I) in subparagraph (C), by strik10 ing ‘‘subsection (a)(7)’’ and inserting 

11 ‘‘subsection (a)(8)’’; and 

12 (II) in subparagraph (E), by 

13 striking ‘‘subsection (a)(4)’’ and in14 serting ‘‘subsection (a)(5)’’; and 

15 (E) in paragraph (1) of subsection (c), as 

16 redesignated by subparagraph (C)— 

17 (i) in subparagraph (A), by striking 

18 ‘‘subsection (e)(1)’’ and inserting ‘‘sub19 section (b)(1)’’; and 

20 (ii) in subparagraph (B), by striking 

21 ‘‘subsection (a)(2)’’ and inserting ‘‘sub22 section (a)(3)’’; 

23 (5) in section 3226— 


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1 (A) in subsection (a), by striking ‘‘and 

2 other program purposes conducted pursuant to 

3 subsection (b)(6) of such section’’; and 

4 (B) by striking subsection (d); 

5 (6) in section 3243(d)— 

6 (A) by striking paragraph (2); 

7 (B) by redesignating paragraph (3) as 

8 paragraph (2); and 

9 (C) in paragraph (1)(B), by striking ‘‘sub10 ject to paragraph (2),’’; 

11 (7) in section 3374, by inserting ‘‘with signifi12 cant contract financing’’ after ‘‘undefinitized con13 tractual action’’ each place it appears.; 

14 (8) in section 3601(c)(3)— 

15 (A) in subparagraph (A), by striking ‘‘Sub16 ject to subparagraph (C), in any’’ and inserting 

17 ‘‘In any’’; 

18 (B) in subparagraph (B), by striking ‘‘ac19 quire capability’’ and all that follows through 

20 ‘‘$50,000,000 during any fiscal year’’ and in21 serting ‘‘acquire capability in an amount aggre22 gating not more than $3,000,000,000’’; and 

23 (C) by striking subparagraph (C); 

24 (9) in section 3703— 


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1 (A) in subsection (a)(1)(A), by striking 

2 ‘‘that results in at least two or more responsive 

3 and viable competing bids’’; 

4 (B) in subsection (c), by striking ‘‘or 5 

5 percent’’ and inserting ‘‘or 25 percent’’; and 

6 (C) in subsection (f), by striking ‘‘under 

7 subsection (a)(1) from such requirement’’ and 

8 inserting ‘‘from such requirement under para9 graphs (1) or (2) of subsection (a)’’; 

10 (10) in section 3705— 

11 (A) by striking subsection (b); and 

12 (B) by redesignating subsection (c) as sub13 section (b); 

14 (11) by amending section 3774 to read as fol15 lows: 

16 ‘‘§ 3774. Preference for specially negotiated licenses 

17 ‘‘The Secretary of Defense shall, to the maximum ex18 tent practicable, negotiate and enter into a contract with 

19 a contractor for a specially negotiated license for technical 

20 data to support the product support strategy of a major 

21 weapon system or subsystem of a major weapon system.’’; 

22 (12) in the table of sections for subchapter I of 

23 chapter 275, by striking the item relating to section 

24 3774 and inserting the following new item: 

‘‘3774. Preference for specially negotiated licenses.’’; 


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1 (13) in section 3805(c), by striking ‘‘15 per2 cent’’ and inserting ‘‘50 percent’’; 

3 (14) in section 4201— 

4 (A) in subsection (a)(2)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘$300,000,000 (based on fiscal year 1990 

7 constant dollars)’’ and inserting 

8 ‘‘$1,000,000,000 (based on fiscal year 

9 2024 constant dollars)’’; and 

10 (ii) in subparagraph (B), by striking 

11 ‘‘$1,800,000,000 (based on fiscal year 

12 1990 constant dollars)’’ and inserting 

13 ‘‘$5,000,000,000 (based on fiscal year 

14 2024 constant dollars)’’; and 

15 (B) in subsection (b), by adding at the end 

16 the following: 

17 ‘‘(3) An acquisition program for a defense soft18 ware program as described by section 800 of the Na19 tional Defense Authorization Act for Fiscal Year 

20 2020 (Public Law 116–92; 10 U.S.C. 4571 note).’’; 

21 (15) in section 4202(a)(2)— 

22 (A) by striking subparagraph (B); and 

23 (B) redesignating subparagraphs (C) and 

24 (D) as subparagraphs (B) and (C), respectively; 


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1 (16) in section 4882, by striking ‘‘the Presi2 dent, through the head of any department’’ each 

3 place it appears and inserting ‘‘the Secretary of De4 fense’’; 

5 (17) in section 4884, by striking ‘‘The Presi6 dent’’ and inserting ‘‘The Secretary of Defense’’; 

7 and 

8 (18) in section 8683— 

9 (A) in subsection (a)— 

10 (i) in paragraph (1), by striking ‘‘(1) 

11 Appropriations’’ and inserting ‘‘Appropria12 tions’’; and 

13 (ii) by striking paragraph (2); and 

14 (B) in subsection (c), by striking 

15 ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’. 

16 (c) MODIFICATIONS TO NATIONAL DEFENSE AU17 THORIZATION ACTS.— 

18 (1) Section 229(c)(2)(A)(ii) of the National De19 fense Authorization Act for Fiscal Year 2024 (Pub20 lic Law 118–31; 10 U.S.C. 3601 note) is amended 

21 by striking ‘‘$100,000,000’’ and inserting 

22 ‘‘$300,000,000’’. 

23 (2) Section 890 of the John S. McCain Na24 tional Defense Authorization Act for Fiscal Year 


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1 2019 (Public Law 115–232; 10 U.S.C. note prec. 

2 3701) is amended— 

3 (A) in subsection (b)(2), by striking ‘‘mini4 mal reporting’’ and inserting ‘‘no unique report5 ing’’; and 

6 (B) by striking subsection (d). 

7 (3) Section 873 of the National Defense Au8 thorization Act for Fiscal Year 2016 (Public Law 

9 114–92; 10 U.S.C. 3702 note) is amended— 

10 (A) in subsection (a)— 

11 (i) by striking ‘‘valued at less than 

12 $7,500,000’’; and 

13 (ii) by striking ‘‘pursuant to’’ and all 

14 that follows through ‘‘Transfer Program,’’; 

15 (B) in subsection (b), by striking ‘‘pursu16 ant to’’ and all that follows through ‘‘Research 

17 Program,’’; 

18 (C) by striking subsections (c) and (f); and 

19 (D) by redesignating subsections (d), (e), 

20 and (g) as subsection (c), (d), and (e), respec21 tively. 


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1 SEC. 103. AUTOMATIC SUNSET FOR FUTURE STATUTORY 

2 REPORTING REQUIREMENTS. 

3 (a) IN GENERAL.—Chapter 23 of title 10, United 

4 States Code, is amended by inserting after section 480 the 

5 following new section: 

6 ‘‘§ 480a. Reports to Congress: Termination of indefi7 nite-duration reports after five years 

8 ‘‘(a) IN GENERAL.—Any provision of law enacted 

9 after the date of the enactment of this section that in10 cludes an indefinite-duration report requirement shall 

11 cease to be effective, with respect to that requirement, five 

12 years after the date of the enactment of that provision 

13 of law unless that provision of law expressly states that 

14 this section is inapplicable to that requirement or that pro15 vision of law. 

16 ‘‘(b) INDEFINITE-DURATION REPORT REQUIREMENT

17 DEFINED.—In this section, the term ‘indefinite-duration 

18 report requirement’ means a requirement in any provision 

19 of law for the Secretary of Defense (or any other officer 

20 or employee of the Department of Defense) to submit to 

21 Congress (or any committee of Congress) a periodic report 

22 for which the law does not— 

23 ‘‘(1) state a specific period of time as the pe24 riod during which that report is required to be sub25 mitted or that provision of law is in effect; or 


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1 ‘‘(2) state a specific termination date for the re2 quirement to submit the report or for that provision 

3 of law. 

4 ‘‘(c) PERIODIC REPORT DEFINED.—In this section, 

5 the term ‘periodic report’ means a report required to be 

6 submitted on an annual, semiannual, or other regular peri7 odic basis.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 480 the following new 

11 item: 

‘‘480a. Reports to Congress: Termination of indefinite-duration reports after five 

years.’’. 

12 TITLE II—DEFENSE ACQUISI13 TION ROLES, RESPONSIBIL14 ITIES, AND ORGANIZATIONS 

15 SEC. 201. TRANSITION OF PROGRAM EXECUTIVE OFFICER 

16 ROLE TO PORTFOLIO ACQUISITION EXECU17 TIVE. 

18 (a) DEFINITION.—Section 1737(a) of title 10, United 

19 States Code, is amended by striking paragraph (4) and 

20 inserting the following: 

21 ‘‘(4) The term ‘portfolio acquisition executive’ 

22 means the primary stakeholder and member of the 

23 acquisition workforce with overall management of re24 quirements, programming, and acquisition of defense 


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1 acquisition programs assigned by the service acquisi2 tion executive or component acquisition executive 

3 and shall have all the necessary officials and func4 tional support directly under the control portfolio ac5 quisition executive, including responsibility for per6 formance evaluations, to the maximum extent prac7 ticable to develop, procure, and transition programs 

8 into an operational capability.’’. 

9 (b) CRITICAL ACQUISITION POSITIONS.—Section 

10 1731(a)(1)(B)(i) of title 10, United States Code, is 

11 amended by striking ‘‘Program executive officer’’ and in12 serting ‘‘Portfolio acquisition executive’’. 

13 (c) POSITION QUALIFICATIONS.—Section 1735(c) of 

14 title 10, United States Code, is amended— 

15 (1) in the subsection heading, by striking ‘‘PRO16 GRAM EXECUTIVE OFFICERS’’ and inserting ‘‘PORT17 FOLIO ACQUISITION EXECUTIVE’’; and 

18 (2) by striking ‘‘program executive officer’’ and 

19 inserting ‘‘portfolio acquisition executive’’. 

20 (d) GOVERNMENT PERFORMANCE OF CERTAIN AC21 QUISITION FUNCTIONS.—Section 1706(a) of title 10, 

22 United States Code, is amended— 

23 (1) in paragraph (1), by striking ‘‘Program ex24 ecutive officer’’ and inserting ‘‘Portfolio acquisition 

25 executive’’; and 


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1 (2) in paragraph (2), by striking ‘‘Deputy pro2 gram executive officer’’ and inserting ‘‘Deputy port3 folio acquisition executive’’. 

4 (e) DUTIES RELATED TO CADRE OF INTELLECTUAL

5 PROPERTY EXPERTS.—Section 1707(c) of title 10, United 

6 States Code, is amended by striking ‘‘program executive 

7 officer’’ and inserting ‘‘portfolio acquisition executive’’. 

8 (f) PORTFOLIO ACQUISITION EXECUTIVE OFFICE .— 

9 Section 1509 of the James M. Inhofe National Defense 

10 Authorization Act for Fiscal Year 2023 (Public Law 117– 

11 263; 10 U.S.C. 167b) is amended— 

12 (1) by striking ‘‘program executive office’’ each 

13 place that it appears and inserting ‘‘portfolio acqui14 sition executive office’’; and 

15 (2) in subsection (c), by striking ‘‘PROGRAM

16 EXECUTIVE OFFICE’’ in the subsection heading and 

17 inserting ‘‘PORTFOLIO ACQUISITION EXECUTIVE OF18 FICE’’. 

19 (g) TECHNOLOGY RELEASE AND FOREIGN DISCLO20 SURE REFORM INITIATIVE.—Section 918(a)(2)(D)(ii) of 

21 the National Defense Authorization Act for Fiscal Year 

22 2024 (Public Law 118–31; 10 U.S.C. 301 note) is amend23 ed by striking ‘‘program executive officer’’ and inserting 

24 ‘‘portfolio acquisition executive’’. 


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1 (h) SOFTWARE DEVELOPMENT AND SOFTWARE AC2 QUISITION TRAINING AND MANAGEMENT PROGRAMS.— 

3 Section 862 of the National Defense Authorization Act for 

4 Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1741 

5 note) is amended— 

6 (1) in subsection (a)(2)(A), by striking ‘‘pro7 gram executive officers’’ and inserting ‘‘portfolio ac8 quisition executives’’; and 

9 (2) in subsection (c)(1)— 

10 (A) in the paragraph heading, by striking 

11 ‘‘PROGRAM EXECUTIVE OFFICER’’ and inserting 

12 ‘‘PORTFOLIO ACQUISITION EXECUTIVE’’; and 

13 (B) by striking ‘‘program executive officer’’ 

14 and inserting ‘‘portfolio acquisition executive’’. 

15 (i) AUTHORITY TO ESTABLISH DIFFERENT MIN16 IMUM REQUIREMENTS.—Section 1764(b)(2) of title 10, 

17 United States Code, is amended by striking ‘‘Program ex18 ecutive officer’’ and inserting ‘‘Portfolio acquisition execu19 tive’’. 

20 (j) PRIZES FOR ADVANCED TECHNOLOGY ACHIEVE21 MENTS.—Section 4025(g)(2)(C) of title 10, United States 

22 Code, is amended by striking ‘‘program executive11 offi23 cer’’ both places it appears and inserting ‘‘portfolio acqui24 sition executive’’. 


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1 (k) RATING CHAINS FOR SYSTEM PROGRAM MAN2 AGERS.—Section 323 of the National Defense Authoriza3 tion Act for Fiscal Year 2013 (Public Law 112–239; 126 

4 Stat. 1696) is amended by striking ‘‘program executive 

5 officer’’ and inserting ‘‘portfolio acquisition executive’’. 

6 (l) SPACE SYSTEM ACQUISITION AND THE ADAPTIVE

7 ACQUISITION FRAMEWORK.—Section 807 of the William 

8 M. (Mac) Thornberry National Defense Authorization Act 

9 for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 

10 9081 note) is amended— 

11 (1) in subsection (b)(1)— 

12 (A) in the paragraph heading, by striking 

13 ‘‘PROGRAM EXECUTIVE OFFICER’’ and inserting 

14 ‘‘PORTFOLIO ACQUISITION EXECUTIVE’’; and 

15 (B) by striking ‘‘program executive officer’’ 

16 and inserting ‘‘portfolio acquisition executive’’; 

17 and 

18 (2) in subsection (e)(6)— 

19 (A) in the paragraph heading, by striking 

20 ‘‘PROGRAM EXECUTIVE OFFICER’’ and inserting 

21 ‘‘PORTFOLIO ACQUISITION EXECUTIVE’’; and 

22 (B) by striking ‘‘program executive officer’’ 

23 and inserting ‘‘portfolio acquisition executive’’. 


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1 SEC. 202. AMENDMENTS TO THE JOINT REQUIREMENTS 

2 OVERSIGHT COUNCIL. 

3 (a) MODIFIED RESPONSIBILITIES.—Section 181 of 

4 title 10, United States Code, is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1), by striking ‘‘, ap7 proving, and prioritizing’’; 

8 (B) in paragraph (2), by striking ‘‘validate 

9 joint requirements’’ and inserting ‘‘review joint 

10 requirements’’; 

11 (C) in paragraph (3), by striking ‘‘and 

12 validating’’; 

13 (D) in paragraph (4), by striking ‘‘and ap14 proving’’; 

15 (E) in paragraph (5), by striking the semi16 colon at the end and inserting ‘‘; and’’; 

17 (F) in paragraph (6), by striking ‘‘; and’’ 

18 and inserting a period; and 

19 (G) by striking paragraph (7); 

20 (2) in subsection (c)(3), by striking ‘‘provide 

21 the chairman any dissenting view of members of the 

22 council under paragraph (1) with respect to such 

23 recommendation’’ and inserting ‘‘first seek concur24 rence from the Joint Requirements and Program25 ming Board of the Department of Defense’’. 


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1 (2) in subsection (e), by striking ‘‘, except for 

2 performance requirements specified in subsections 

3 (b)(4) and (b)(5),’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 (1) Section 225(b)(2)(C)(ii) of title 10, United States 

6 Code, is amended by striking ‘‘approved’’ and inserting 

7 ‘‘reviewed’’. 

8 (2) Section 3136(e)(1)(A) of title 10, United States 

9 Code, is amended— 

10 (A) by striking ‘‘in excess of—’’ and all that 

11 follows through ‘‘(i) a specific limitation’’ and insert12 ing ‘‘in excess of a specific limitation’’; and 

13 (B) by striking clause (ii). 

14 SEC. 203. MATTERS RELATING TO THE DIRECTOR OF COST 

15 ASSESSMENT AND PROGRAM EVALUATION. 

16 (a) ROLE.—Section 139a of title 10, United States 

17 Code, is amended— 

18 (1) in subsection (b)(2), by striking ‘‘without 

19 obtaining the approval or concurrence of any other 

20 official within the Department of Defense’’ and in21 serting ‘‘only with concurrence from the Joint Re22 quirements and Programming Board of the Depart23 ment of Defense’’; and 


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1 (2) in subsection (d)(4), by striking ‘‘ and per2 formance of such analyses, as directed by the Sec3 retary of Defense’’. 

4 (b) FUNCTIONS.—Section 3221(b) of title 10, United 

5 States Code, is amended— 

6 (1) by striking paragraph (6); and 

7 (2) by redesignating paragraphs (7) and (8) as 

8 paragraphs (6) and (7), respectively. 

9 (c) ANNUAL AIRCRAFT PROCUREMENT PLAN.—Sec10 tion 231a(c)(2) of title 10, United States Code, is amend11 ed— 

12 (1) by striking subparagraph (E); and 

13 (2) by redesignating subparagraph (F) as sub14 paragraph (E). 

15 SEC. 204. ESTABLISHMENT OF JOINT REQUIREMENTS AND 

16 PROGRAMMING BOARD. 

17 (a) IN GENERAL.—Chapter 7 of title 10, United 

18 States Code, is amended by inserting after section 185 the 

19 following new section: 

20 ‘‘§ 186. Joint Requirements and Programming Board 

21 ‘‘(a) ESTABLISHMENT.—There is established in the 

22 Department of Defense a Joint Requirements and Pro23 gramming Board (in this section referred to as the 

24 ‘Board’). 


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1 ‘‘(b) LEADERSHIP.—The Director of Cost Assess2 ment and Program Evaluation and the Chairman of the 

3 Joint Requirements Oversight Council shall serve as co4 chairpersons of the Board. 

5 ‘‘(c) RESPONSIBILITIES.—The Board shall— 

6 ‘‘(1) be the forum through which shall be exer7 cised all duties and responsibilities of— 

8 ‘‘(A) the Joint Requirements Oversight 

9 Council with respect to joint military capabili10 ties requirements; and 

11 ‘‘(B) the Director of Cost Assessment and 

12 Program Evaluation with respect to program 

13 evaluation; 

14 ‘‘(2) be the forum for the review for rec15 ommendation of— 

16 ‘‘(A) all requirements documents referred 

17 to the Joint Requirements Oversight Council; 

18 and 

19 ‘‘(B) all program issue papers referred to 

20 the Director of Cost Assessment and Program 

21 Evaluation; and 

22 ‘‘(3) be the single point of interface— 

23 ‘‘(A) between the Chairman of the Joint 

24 Requirements Oversight Council and the Chair25 man of the Joint Chiefs of Staff with respect to 


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1 recommendations relating to joint military ca2 pabilities requirements under section 181 of 

3 this title; and 

4 ‘‘(B) between the Director of Cost Assess5 ment and Program Evaluation and the Deputy 

6 Secretary of Defense and the Secretary of De7 fense with respect to functions described in sec8 tion 139a of this title. 

9 ‘‘(d) RECOMMENDATIONS.— 

10 ‘‘(1) MAJORITY VOTE REQUIRED.—The Board 

11 shall make a recommendation with respect to an 

12 issue only if the recommendation is agreed to by a 

13 majority vote of the members of the functional com14 mittees established under subsection (e)(2). 

15 ‘‘(2) STATUS OF RECOMMENDATIONS.—A rec16 ommendation agreed to as described in paragraph 

17 (1) shall be treated as an official policy rec18 ommendation of the Board unless the executive com19 mittee established under subsection (e)(1) unani20 mously votes to reject the recommendation. 

21 ‘‘(3) DISSENTING OPINIONS.—The co-chair22 persons of the Board may write dissenting opinions 

23 to accompany a recommendation of the Board 

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1 ation by the Deputy Secretary of Defense or the 

2 Secretary of Defense. 

3 ‘‘(e) ORGANIZATION.—The Board shall be composed 

4 of— 

5 ‘‘(1) an executive committee that supports the 

6 co-chairpersons in carrying out their responsibilities; 

7 and 

8 ‘‘(2) functional committees established by the 

9 co-chairpersons to consider portfolios of joint mili10 tary capabilities, mission areas, or functions in 

11 terms of their requirements, programs, and 

12 resourcing. 

13 ‘‘(f) MEMBERSHIP.— 

14 ‘‘(1) EXECUTIVE COMMITTEE.—The executive 

15 committee established under subsection (e)(1) shall 

16 be composed of the co-chairpersons of the Board and 

17 all other members of the Joint Requirements Over18 sight Council. 

19 ‘‘(2) FUNCTIONAL COMMITTEES.—Each func20 tional committee established under subsection (e)(2) 

21 shall be composed of— 

22 ‘‘(A) one member designated by each port23 folio acquisition executive or similar portfolio 

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1 ommendation made by the functional com2 mittee; 

3 ‘‘(B) one member designated by each com4 mander of a combatant command, if matters re5 lated to the area of responsibility or functions 

6 of that command are likely to be considered by 

7 the functional committee; 

8 ‘‘(C) one member designated by the Direc9 tor of Cost Assessment and Program Evalua10 tion; and 

11 ‘‘(D) one member designated by the Chair12 man of the Joint Requirements Oversight 

13 Council. 

14 ‘‘(g) PROCEDURES.— 

15 ‘‘(1) IDENTIFICATION AND PRIORITIZATION OF

16 ISSUES.— 

17 ‘‘(A) IN GENERAL.—The co-chairpersons 

18 of the Board are responsible for identifying and 

19 prioritizing issues to be considered by each of 

20 the functional committees established under 

21 subsection (e)(2). 

22 ‘‘(B) NOMINATION OF ISSUES.—Any mem23 ber of the executive committee or a functional 

24 committee established under subsection (e) may 


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1 nominate an issue for consideration by the co2 chairpersons under subparagraph (A). 

3 ‘‘(2) QUORUM FOR FUNCTIONAL COMMIT4 TEES.— 

5 ‘‘(A) IN GENERAL.—For a meeting of a 

6 functional committee established under sub7 section (e)(2) to have a quorum— 

8 ‘‘(i) two-thirds of the members of the 

9 functional committee are required to be 

10 present or voting by proxy; and 

11 ‘‘(ii) both members identified in sub12 paragraphs (C) and (D) of subsection 

13 (f)(2), and any member described in sub14 section (f)(2)(A) with responsibility for 

15 execution related to the issue under consid16 eration, are required to be present or vot17 ing by proxy. 

18 ‘‘(B) QUORUM AND VOTES BY PROXY.— 

19 Any member described in subsection (f)(2) may 

20 establish a quorum or vote by proxy. 

21 ‘‘(h) SUPPORT.—The Secretary of Defense shall en22 sure that the executive committee established under sub23 section (e)(1) has adequate staff directly responsible to the 

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1 viewing, coordinating, and analyzing all matters brought 

2 before the Board.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 for such title is amended by inserting after the item relat5 ing to section 185 the following new item: 

‘‘186. Joint Requirements and Programming Board.’’. 

6 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 (1) JOINT REQUIREMENTS OVERSIGHT COUN8 CIL.—Section 181(b) of such title is amended, in the 

9 matter preceding paragraph (1), by inserting ‘‘, sub10 ject to section 186 of this title,’’ after ‘‘shall assist’’. 

11 (2) DIRECTOR OF COST ASSESSMENT AND PRO12 GRAM EVALUATION.—Section 139a of such title is 

13 amended— 

14 (A) in subsection (b)— 

15 (i) in paragraph (1)— 

16 (I) in the matter preceding sub17 paragraph (A), by inserting ‘‘, subject 

18 to section 186 of this title,’’ after 

19 ‘‘shall provide’’; and 

20 (II) in subparagraph (A), by 

21 striking ‘‘section 2334’’ and inserting 

22 ‘‘section 3221’’; and 

23 (ii) in paragraph (2), by striking ‘‘The 

24 Director’’ and inserting ‘‘Subject to section 

25 186 of this title, the Director’’; and 


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1 (B) in subsection (d)— 

2 (i) in paragraph (1), by striking ‘‘sec3 tion 2334’’ and inserting ‘‘section 3221’’; 

4 and 

5 (ii) by striking paragraph (9). 

6 SEC. 205. CAPSTONE REQUIREMENTS. 

7 (a) IN GENERAL.—Chapter 221 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 3209. Capstone requirements 

11 ‘‘(a) IN GENERAL.—The Secretary of each military 

12 department and the Director of one more defense agencies 

13 designated by the Secretary of Defense for purposes of 

14 this section shall establish a capstone requirement ap15 proach for each portfolio acquisition executive for which 

16 that official has responsibility to enable greater speed, 

17 agility, and innovation in fielding military capabilities. 

18 Each such capstone requirement shall be established in 

19 consultation with the Joint Requirements and Program20 ming Board. 

21 ‘‘(b) ELEMENTS.—Under the capstone requirements 

22 for an acquisition portfolio, the Secretary of the military 

23 department, or Director of the defense agency shall— 

24 ‘‘(1) develop a general set of requirements for 

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1 section (c) under which programs or projects may be 

2 initiated; 

3 ‘‘(2) authorize the portfolio acquisition execu4 tive or similar portfolio manager for the portfolio to 

5 change the scope and requirements for programs 

6 within the portfolio, subject to subsection (d); 

7 ‘‘(3) assign representatives of operational forces 

8 to the acquisition portfolio and authorize them to 

9 perform the functions specified in subsection (e); 

10 ‘‘(4) maximize the use of prototyping, experi11 mentation, and minimum viable products to shape 

12 capability scope and requirements; 

13 ‘‘(5) authorize the portfolio acquisition execu14 tive or similar portfolio manager to resource and ac15 quire commercial or nondevelopmental items under 

16 the capstone requirement by validating the need with 

17 the representatives assigned under paragraph (3); 

18 ‘‘(6) manage information technology require19 ments using dynamically prioritized lists of user 

20 needs rather than large static requirements docu21 ments; and 

22 ‘‘(7) iteratively define, prioritize, and refine re23 quirements at the portfolio, program, and iteration 

24 levels based on user input and previous deliveries. 


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1 ‘‘(c) CAPSTONE SET OF REQUIREMENTS.—The cap2 stone set of requirements for an acquisition portfolio de3 veloped under subsection (b)(1) shall be designed— 

4 ‘‘(1) to guide the iterative delivery of an inte5 grated suite of capabilities to maximize operational 

6 impact; 

7 ‘‘(2) to provide enduring themes based on stra8 tegic needs and relevant concepts of operation, not 

9 system-specific; 

10 ‘‘(3) to include measures of force effectiveness 

11 for a force mix of capabilities to be measured 

12 against; and 

13 ‘‘(4) to include kill chains, effects chains, vi14 gnettes of operational scenarios, and related mission 

15 engineering initiatives across the Department of De16 fense. 

17 ‘‘(d) AUTHORITY TO REVISE PROGRAMS WITHIN A

18 PORTFOLIO.—The authority under subsection (b)(2)— 

19 ‘‘(1) shall be carried out in consultation with 

20 operational commands and the Joint Requirements 

21 and Programming Board; and 

22 ‘‘(2) does not include authority to change key 

23 performance parameters for a major defense acquisi24 tion program. 


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1 ‘‘(e) FUNCTIONS OF OPERATIONAL REPRESENTA2 TIVES.—An operational representative assigned to an ac3 quisition portfolio under subsection (b)(3) shall be pro4 vided authority— 

5 ‘‘(1) to shape the vision and priorities for key 

6 capability areas; 

7 ‘‘(2) to provide the acquisition community and 

8 developers insights into operations; 

9 ‘‘(3) to provide feedback on interim develop10 ments; 

11 ‘‘(4) to validate the need for commercial or non12 developmental items; 

13 ‘‘(5) to foster collaboration among the acquisi14 tion community, developers, and users of the capa15 bility to be fielded; and 

16 ‘‘(6) to provide advice to the portfolio acquisi17 tion executive or similar portfolio manager.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 221 of title 10, United States 

20 Code, is amended by inserting after the item relating to 

21 section 3208 the following new item: 

‘‘3209. Capstone requirements.’’. 


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1 TITLE III—RAPID ACQUISITION 

2 AND COMMERCIAL CON3 TRACTING 

4 SEC. 301. MILESTONE A. 

5 (a) ELIMINATION OF REQUIREMENT FOR DETER6 MINATION PRIOR TO MILESTONE A APPROVAL.— 

7 (1) IN GENERAL.—Section 4251 of title 10, 

8 United States Code, is hereby repealed. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of subchapter III of chapter 

11 322 of title 10, United States Code, is amended by 

12 striking the item relating to section 4251. 

13 (b) DIRECTOR OF COST ASSESSMENT AND PROGRAM

14 EVALUATION FUNCTIONS.—Section 3221(b)(6)(A)(i) of 

15 title 10, United States Code, is amended by striking 

16 ‘‘4251 or’’. 

17 (c) INDEPENDENT COST ESTIMATE REQUIRED BE18 FORE APPROVAL.—Section 3222(a) of title 10, United 

19 States Code, is amended— 

20 (1) by striking ‘‘a milestone phase’’ and insert21 ing ‘‘the engineering and manufacturing develop22 ment phase, or production and deployment phase,’’; 

23 and 

24 (2) by striking ‘‘authority that—’’ and all that 

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1 facturing development phase, or production and de2 ployment phase, includes a cost estimate’’ and in3 serting ‘‘authority that includes a cost estimate’’. 

4 SEC. 302. MODIFICATION TO ACQUISITION STRATEGY. 

5 Section 4211 of title 10, United States Code, is 

6 amended— 

7 (1) in subsection (a), by striking ‘‘, each major 

8 automated information system,’’; 

9 (2) in subsection (b), by striking ‘‘the Under 

10 Secretary of Defense for Acquisition and 

11 Sustainment, or the milestone decision authority, 

12 when the milestone decision authority is the service 

13 acquisition executive of the military department that 

14 is managing the program,’’ and inserting ‘‘the port15 folio acquisition executive, or the decision authority, 

16 when the decision authority is the service acquisition 

17 executive of the military department or the Under 

18 Secretary of Defense for Acquisition and 

19 Sustainment,’’; 

20 (3) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘, each major auto23 mated information system,’’; 

24 (ii) by striking ‘‘the Under Secretary, 

25 or the milestone decision authority, when 


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1 the milestone decision authority is the 

2 service acquisition executive of the military 

3 department that is managing the pro4 gram,’’ and inserting ‘‘the portfolio acqui5 sition executive, or the decision authority, 

6 when the decision authority is the service 

7 acquisition executive of the military depart8 ment or the Under Secretary of Defense 

9 for Acquisition and Sustainment,’’; 

10 (iii) by amending subparagraph (A) to 

11 read as follows: 

12 ‘‘(A) the strategy clearly describes the proposed 

13 top-level business and capability management ap14 proach for the program or system, and to the max15 imum extent practicable, describes how a portfolio of 

16 capabilities within an enduring set of requirements 

17 will be developed, procured, and fielded rather than 

18 detailing a specific end-item;’’; and 

19 (iv) in subparagraph (B), by striking 

20 ‘‘with available resources’’ and inserting 

21 ‘‘within a general set of resources’’; and 

22 (B) by amending paragraph (2) to read as 

23 follows: 

24 ‘‘(2) Each strategy shall, where appropriate, consider 

25 the following: 


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1 ‘‘(A) An approach that delivers required capa2 bilities in increments, each depending on available 

3 mature technology, and that recognizes up front the 

4 need for future capability improvements or transi5 tions to alternative end-items through use of contin6 uous competition. 

7 ‘‘(B) Requirements related to logistics, mainte8 nance, and sustainment in accordance with sections 

9 2464 and 2466 of this title, and the acquisition of 

10 technical data and computer software data to enable 

11 such requirements in accordance with sections 3771 

12 through 3775 of this title. 

13 ‘‘(C) A process for collaborative interaction and 

14 market research with the science and technology 

15 community, including Department of Defense 

16 science and technology reinvention laboratories, gov17 ernment innovation cells, academia, small busi18 nesses, nontraditional defense contractors, and other 

19 contractors. 

20 ‘‘(D) Identification of enterprise-wide designs 

21 and standards in support of an architecture that 

22 provides for an integrated suite of capabilities that 

23 focuses on simplicity of implementation and speed of 

24 delivery. 


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1 ‘‘(E) Overarching roadmaps that created inte2 grated strategic schedules of legacy systems and new 

3 capabilities and a mapping of enduring requirements 

4 to elements of the portfolio of capabilities. 

5 ‘‘(F) A contracting strategy that develops long6 term partnerships with multiple companies to ac7 tively contribute to architectures, development, pro8 duction, and sustainment across the portfolio of ca9 pabilities by decomposing large systems into smaller 

10 sets of projects across time and technical compo11 nent. 

12 ‘‘(G) An assignment of roles and responsibilities 

13 to the acquisition workforce within the portfolio ac14 quisition executive, identification of external stake15 holder dependencies, and the need for subject matter 

16 expert inputs at critical points in the program, in17 cluding the need for special hiring authority or advi18 sory and assistance services. 

19 ‘‘(H) A process of testing and experimentation 

20 with the test community and end users to ensure 

21 continuous user feedback, acceptance, and develop22 ment of concepts of operations.’’; and 

23 (4) by striking subsections (d) and (e) and in24 serting the following: 


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1 ‘‘(d) REVIEW.—The decision authority shall review 

2 and approve, as appropriate, the acquisition strategy for 

3 a major defense acquisition program or major system 

4 prior to the acquisition decision memorandum and ensure 

5 that the strategy is updated at regular intervals to incor6 porate significant changes to program requirements, 

7 resourcing, or acquisition decisions. 

8 ‘‘(e) DECISION AUTHORITY DEFINED.—In this sec9 tion, the term ‘decision authority’, with respect to a major 

10 defense acquisition program or major system, means the 

11 official within the Department of Defense designated with 

12 the overall responsibility and authority for acquisition de13 cisions for the program or system, including authority to 

14 approve entry of the program or system into the next 

15 phase of the acquisition process.’’. 

16 SEC. 303. EXEMPTIONS FOR NONTRADITIONAL DEFENSE 

17 CONTRACTORS. 

18 Nontraditional defense contractors, as defined by sec19 tion 3014 of title 10, United States Code, shall not be 

20 subject to any of the following requirements: 

21 (1) Defense Federal Acquisition Regulation 

22 Supplement 252.242–7006. 

23 (2) Defense Federal Acquisition Regulation 

24 Supplement 252.234–7002. 


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1 (3) Defense Federal Acquisition Regulation 

2 Supplement 252.242–7002. 

3 (4) Defense Federal Acquisition Regulation 

4 Supplement 252.242–7004. 

5 (5) Defense Federal Acquisition Regulation 

6 Supplement 252.242–7003. 

7 (6) Defense Federal Acquisition Regulation 

8 Supplement 252.242–7001. 

9 (7) Defense Federal Acquisition Regulation 

10 Supplement 252.242–7005. 

11 (8) Defense Federal Acquisition Regulation 

12 Supplement 215.407. 

13 (9) Section 3702 of title 10, United States 

14 Code. 

15 (10) Part 31 of the Federal Acquisition Regula16 tion. 

17 SEC. 304. MODIFICATIONS TO TREATMENT OF CERTAIN 

18 PRODUCTS AND SERVICES AS COMMERCIAL 

19 PRODUCTS AND COMMERCIAL SERVICES. 

20 Section 3457 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (a)— 

23 (A) by inserting ‘‘(1)’’ before 

24 ‘‘Nothwithstanding’’; 


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1 (A) by striking ‘‘may be treated’’ and in2 serting ‘‘shall be treated’’; and 

3 (B) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2) The requirement under paragraph (1) may be 

6 waived with a written determination approved by the head 

7 of contracting activity, including an explanation of why 

8 commercial procedures should not be used or tailored and 

9 market research demonstrating that no other supplier 

10 could provide the required product or services under com11 mercial procedures.’’; 

12 (2) by striking subsection (b); and 

13 (3) by redesignating subsection (c) as sub14 section (b). 

15 SEC. 305. MODIFICATION TO NONTRADITIONAL DEFENSE 

16 CONTRACTOR DEFINITIONS. 

17 Section 3014 of title 10, United States Code, is 

18 amended— 

19 (1) by striking ‘‘means an entity that is not 

20 currently performing’’ and inserting the following: 

21 ‘‘means an entity that— 

22 ‘‘(1) is not currently performing’’; and 

23 (2) by striking ‘‘such section.’’ and inserting 

24 the following: ‘‘such section; 


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1 ‘‘(2) certifies that, for the ultimate parent com2 pany’s three audited annual financial statements 

3 preceding the solicitation of sources by the Depart4 ment of Defense for the procurement or transaction, 

5 has— 

6 ‘‘(A) achieved more than 30 percent year7 over-year revenue growth; or 

8 ‘‘(B) has reinvested back into the business 

9 more than 10 percent of its revenue through 

10 non-reimbursable research and development; or 

11 ‘‘(3) certifies that it has raised funding through 

12 third-party sources in exchange for equity amount13 ing to a minimum of 5 percent of the value of the 

14 company’s total outstanding shares within the last 

15 two years.’’. 

16 SEC. 306. ALTERNATIVE CAPABILITY BASED PRICING. 

17 (a) PROGRAM.—The head of an agency (as that term 

18 is defined in section 3004 of title 10, United States Code) 

19 may use alternative capability-based analysis to determine 

20 whether the proposed price or fee for a commercial prod21 uct or commercial service offered by a nontraditional de22 fense contractor (as that term is defined in section 3014 

23 of such title) is fair and reasonable. 

24 (b) ALTERNATIVE CAPACITY-BASED ANALYSIS DE25 FINED.—In this section, the term ‘‘alternative capabilityVerDate Sep 11 2014 21:06 Jan 27, 2025 Jkt 059200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S5618.IS S5618

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1 based analysis’’ means an analysis of the value to the Fed2 eral Government of a commercial product or commercial 

3 service that considers one or more of the following ele4 ments: 

5 (1) The fitness of the product or service for the 

6 particular purpose such product or service is being 

7 procured. 

8 (2) The unique nature of technical expertise re9 quired to produce or provide and the non-Federal re10 sources expended to develop such product or service. 

11 (3) The business model or financial projections 

12 of the nontraditional defense contractor, commensu13 rate with the scale of the potential investment by the 

14 Secretary of Defense, which may include cost infor15 mation, self-funded risk, financial projections, ex16 penditure rates, estimates of total sales market, and 

17 other financial, technical, or management data. 

18 (4) The estimated total cost avoidance or in19 creased capacity afforded by the offered product or 

20 service in relation to current and future costs of pro21 grams and operations that provide the same or simi22 lar capabilities. 

23 (5) Input from the military user on the poten24 tial value added by the improved capabilities or pro25 duction processes. 


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1 (6) An analysis of competitive capabilities of2 fered within a fixed budget or price set by the gov3 ernment in a solicitation. 

4 SEC. 307. MODIFICATIONS TO CERTAIN PROCUREMENT 

5 THRESHOLDS. 

6 (a) SIMPLIFIED PROCEDURES FOR SMALL PUR7 CHASES.—Section 3205(a) of title 10, United States Code, 

8 is amended— 

9 (1) in paragraph (1), by striking ‘‘simplified ac10 quisition threshold’’ and inserting ‘‘threshold speci11 fied in section 3571(a) of this title’’; and 

12 (2) in paragraph (2), by striking ‘‘$5,000,000’’ 

13 and inserting ‘‘$50,000,000’’. 

14 (b) SIMPLIFIED ACQUISITION THRESHOLD.—Section 

15 3571 of title 10, United States Code, is amended— 

16 (1) in subsection (a), by striking ‘‘as specified 

17 in section 134 of title 41’’ and inserting 

18 ‘‘$10,000,000’’; and 

19 (2) in subsection (b)— 

20 (A) by inserting ‘‘(1)’’ before ‘‘No law’’; 

21 and 

22 (B) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) For purposes of acquisitions by agencies named 

25 in section 3063 of this title, the small business reservation 


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1 established in section 15(j) of the Small Business Act (15 

2 U.S.C. 644(j)) shall be $500,000.’’. 

3 (c) MICRO-PURCHASE THRESHOLD.—Section 3573 

4 of title 10, United States Code, is amended by striking 

5 ‘‘$10,000’’ and inserting ‘‘$100,000’’. 

6 (d) DEDUCTIONS FROM AMOUNTS DUE CARRIERS.— 

7 Section 2636(b)(1) of title 10, United States Code, is 

8 amended by striking ‘‘simplified acquisition threshold’’ 

9 and inserting ‘‘threshold specified in section 3571(a) of 

10 this title’’. 

11 (e) PLANNING AND SOLICITATION REQUIRE12 MENTS.—Section 3206(b) of title 10, United States Code, 

13 is amended in subsection (b) by striking ‘‘simplified acqui14 sition threshold’’ and inserting ‘‘threshold specified in sec15 tion 3205(a)(2) of this title’’. 

16 (f) CONTRACTS AWARDED USING PROCEDURES

17 OTHER THAN SEALED-BID PROCEDURES.—Section 

18 3321(b)(3) of title 10, United States Code, is amended 

19 by striking ‘‘simplified acquisition threshold’’ and insert20 ing ‘‘threshold specified in section 3571(a) of this title’’. 

21 (g) COST CONTRACTS.—Section 3322(c)(1)(B) of 

22 title 10, United States Code, is amended by striking ‘‘sim23 plified acquisition threshold’’ and inserting ‘‘threshold 

24 specified in section 3571(a) of this title’’. 


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1 (h) PREFERENCE FOR COMMERCIAL PRODUCTS AND

2 COMMERCIAL SERVICES.—Section 3453(c)(1) of title 10, 

3 United States Code, is amended by striking ‘‘simplified 

4 acquisition threshold’’ each place it appears and inserting 

5 ‘‘threshold specified in section 3571(a) of this title’’. 

6 (i) PREFERENCE FOR COMMERCIAL SERVICES.—Sec7 tion 876 of the National Defense Authorization Act for 

8 Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 3453 

9 note) is amended— 

10 (1) by striking ‘‘$10,000,000’’ each place it ap11 pears and inserting ‘‘$50,000,000’’; and 

12 (2) in paragraph (2), by striking ‘‘simplified ac13 quisition threshold’’ and inserting ‘‘threshold speci14 fied in section 3571(a) of this title’’. 

15 (j) MARKET RESEARCH AND PREFERENCE FOR COM16 MERCIAL ITEMS.—Section 855(a)(1) of the National De17 fense Authorization Act for Fiscal Year 2016 (Public Law 

18 116–92; 10 U.S.C.3453 note) is amended by striking 

19 ‘‘simplified acquisition threshold’’ and inserting ‘‘thresh20 old specified in section 3571(a) of this title’’. 

21 (k) EXAMINATION OF RECORDS OF CONTRACTORS.— 

22 Section 3841(g)(2) of title 10, United States Code, is 

23 amended by striking ‘‘simplified acquisition threshold’’ 

24 and inserting ‘‘threshold specified in section 3571(a) of 

25 this title’’. 


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1 (l) CONTRACTORS INVENTORY ACCOUNTING SYS2 TEMS: STANDARDS.—Section 3845(b) of title 10, United 

3 States Code, is amended by striking ‘‘simplified acquisi4 tion threshold’’ and inserting ‘‘threshold specified in sec5 tion 3571(a) of this title’’. 

6 (m) REQUESTS FOR EQUITABLE ADJUSTMENT OR

7 OTHER RELIEF.—Section 3862 of title 10, United States 

8 Code, is amended— 

9 (1) in subsection (a), by striking ‘‘simplified ac10 quisition threshold’’ and inserting ‘‘threshold speci11 fied in section 3571(a) of this title’’; and 

12 (2) in subsection (d)— 

13 (A) by striking paragraph (1); and 

14 (B) by redesignating paragraphs (2) and 

15 (3) as paragraphs (1) and (2), respectively. 

16 (n) EXPENDITURE OF APPROPRIATIONS: LIMITA17 TION.—Section 4651(b) of title 10, United States Code, 

18 is amended by striking ‘‘as defined in section 134 of title 

19 41’’ and inserting ‘‘as defined in section 3571(a) of this 

20 title’’. 

21 (o) PROHIBITION AGAINST DOING BUSINESS WITH

22 CERTAIN OFFERORS OR CONTRACTORS.—Section 4654(d) 

23 of title 10, United States Code, is amended by striking 

24 ‘‘as defined in section 134 of title 41’’ and inserting ‘‘as 

25 defined in section 3571(a) of this title’’. 


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1 (p) PROHIBITION OF CONTRACTORS LIMITING SUB2 CONTRACTOR SALES DIRECTLY TO THE UNITED

3 STATES.—Section 4655(c) of title 10, United States Code, 

4 is amended by striking ‘‘as defined in section 134 of title 

5 41’’ and inserting ‘‘as defined in section 3571(a) of this 

6 title’’. 

7 (q) PROHIBITION ON PERSONS CONVICTED OF DE8 FENSE-CONTRACT RELATED FELONIES AND RELATED

9 CRIMINAL PENALTY ON DEFENSE CONTRACTORS.—Sec10 tion 4656(a)(4)(A) of title 10, United States Code, is 

11 amended by striking ‘‘as defined in section 134 of title 

12 41’’ and inserting ‘‘as defined in section 3571(a) of this 

13 title’’. 

14 (r) PROHIBITION ON CONTRACTING WITH ENTITIES

15 THAT COMPLY WITH THE SECONDARY ARAB BOYCOTT

16 OF ISRAEL.—Section 4659(b) of title 10, United States 

17 Code, is amended by striking ‘‘as defined in section 134 

18 of title 41’’ and inserting ‘‘as defined in section 3571(a) 

19 of this title’’. 

20 (s) SUPPLIES: IDENTIFICATION OF SUPPLIER AND

21 SOURCES.—Section 4753(b)(3) of title 10, United States 

22 Code, is amended striking ‘‘as defined in section 134 of 

23 title 41’’ and inserting ‘‘as defined in section 3571(a) of 

24 this title’’. 


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1 (t) MISCELLANEOUS LIMITATIONS ON THE PRO2 CUREMENT OF GOODS OTHER THAN UNITED STATES

3 GOODS.—Section 4864 of title 10, United States Code, 

4 is amended in paragraph by striking ‘‘simplified acquisi5 tion threshold’’ each place it appears and inserting 

6 ‘‘threshold specified in section 3571(a) of this title’’. 

7 SEC. 308. MODIFICATIONS TO COMMERCIAL SOLUTIONS 

8 OPENINGS. 

9 Section 3458 of title 10, United States Code, is 

10 amended— 

11 (1) by amending subsection (a) to read as fol12 lows: 

13 ‘‘(a) AUTHORITY.—The Secretary of Defense and the 

14 Secretaries of the military departments may acquire com15 mercial products, commercial services, and nondevelop16 mental items through a competitive selection of proposals 

17 resulting from a general solicitation and the peer review, 

18 technical review, or operational review (as appropriate) of 

19 such proposals, and may issue, without further justifica20 tion, follow-on contract awards or agreements, including 

21 sole source awards or agreements, to the recipient.’’; 

22 (2) by redesignating subsection (c), (d), and (e) 

23 as subsections (d), (e), and (h), respectively; 

24 (3) by inserting after subsection (b) the fol25 lowing new subsection: 


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1 ‘‘(c) SOLE-SOURCE FOLLOW-ON.—The Secretary of 

2 Defense and the Secretaries of the military departments 

3 may issue, without further justification, follow-on contract 

4 awards or agreements, including sole source awards or 

5 agreements, to a recipient competitively selected under 

6 subsection (a).’’; 

7 (3) in paragraph (1) of subsection (d), as redes8 ignated by paragraph (2) of this section, by striking 

9 ‘‘the Under Secretary of Defense for Acquisition and 

10 Sustainment or the relevant service acquisition exec11 utive’’ and inserting ‘‘the head of the contracting ac12 tivity (or the head of the contracting activity’s des13 ignated delegate)’’; 

14 (4) in subsection (e), as so redesignated— 

15 (A) by striking ‘‘(1)’’; and 

16 (B) by striking paragraph (2); and 

17 (5) by inserting after such subsection, as so re18 designated, the following new subsections: 

19 ‘‘(f) LIMITATION ON DELEGATIONS OF AUTHOR20 ITY.—The authority of the head of the contracting activity 

21 under subsection (d)(1) may be delegated only to an offi22 cer or employee who— 

23 ‘‘(1) if a member of the Armed Forces, is a 

24 general, or flag officer; or 


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1 ‘‘(2) if a civilian, is serving in a position with 

2 a grade under the General Schedule (or any other 

3 schedule for civilian officers or employees) that is 

4 comparable to or higher than the grade of brigadier 

5 general or rear admiral (lower half). 

6 ‘‘(g) NONTRADITIONAL VEHICLE.—(1) The Sec7 retary of Defense shall establish an open topic and endur8 ing general solicitation described in subsection (a) for each 

9 systems command, science and technology reinvention lab10 oratory, and portfolio acquisition executive. 

11 ‘‘(2) Only nontraditional defense contractors (as de12 fined in section 3014 of this title) may submit proposals 

13 and be eligible for an award or agreement under the gen14 eral solicitations established pursuant to paragraph (1). 

15 ‘‘(3) The preferred model for developing and pro16 ducing operational military capabilities using general so17 licitations in paragraph (1) shall be the urgent capability 

18 acquisition, middle tier of acquisition, software acquisi19 tion, or services acquisition pathways of the Department 

20 of Defense Adaptive Acquisition Framework described in 

21 Department of Defense Instructions 5000.85 and 

22 5000.2.’’. 

23 SEC. 309. MODIFICATIONS TO OTHER TRANSACTIONS. 

24 (a) IN GENERAL.—Section 4022 of title 10, United 

25 States Code, is amended— 


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1 (1) in subsection (a)— 

2 (A) by amending paragraph (2) to read as 

3 follows: 

4 ‘‘(2) The authority of this section may be exercised 

5 for a transaction for a prototype project, or for a trans6 action for a follow-on production contract or transaction 

7 that is awarded pursuant to subsection (f) or (g), that is 

8 expected to cost the Department of Defense in excess of 

9 $100,000,000 (including all options) only upon a written 

10 determination that the requirements of subsection (d) will 

11 be met by a head of the contracting activity, or, for the 

12 Defense Advanced Research Projects Agency, the Defense 

13 Innovation Unit, or the Missile Defense Agency, the direc14 tor of the agency.’’; and 

15 (B) by amending paragraph (3) to read as 

16 follows: 

17 ‘‘(3) The authority of the head of the contracting ac18 tivity, the director of the Defense Advanced Research 

19 Projects Agency, the director of the Defense Innovation 

20 Unit, the director of the Missile Defense Agency, or the 

21 senior procurement executive, as applicable, under para22 graph (2), may not be delegated.’’; 

23 (2) in subsection (e)— 

24 (A) by amending paragraph (1) to read as 

25 follows: 


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1 ‘‘(1) The term ‘head of the contracting activity’ 

2 means those officials within the organization who 

3 have responsibility for and manage an acquisition 

4 organization and usually hold unlimited procurement 

5 authority.’’; and 

6 (B) by adding at the end the following new 

7 paragraph: 

8 ‘‘(6) The term ‘follow-on production’ means a 

9 contract or transaction that is intended to further 

10 develop, test, produce, deploy, operate, or sustain a 

11 capability that was successfully prototyped under the 

12 authority established in subsection (a).’’; 

13 (3) by redesignating subsections (h) and (i) as 

14 subsections (i) and (j), respectively; and 

15 (4) by inserting after subsection (g) the fol16 lowing new subsection: 

17 ‘‘(h) AUTHORITY TO AWARD A PRODUCTION TRANS18 ACTION TO RAPIDLY FIELD AN EXISTING CAPABILITY.— 

19 A production transaction may be awarded, with or without 

20 the use of competitive procedures, to acquire emergent and 

21 proven technologies and field production quantities of new 

22 or upgraded systems that do not require additional devel23 opment and have been demonstrated in a relevant environ24 ment when the appropriate service or component acquisi25 tion executive determines in writing that exceptional cirVerDate Sep 11 2014 21:06 Jan 27, 2025 Jkt 059200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S5618.IS S5618

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1 cumstances justify the use of such a transaction to address 

2 a high priority warfighter need.’’. 

3 SEC. 310. MODIFICATIONS TO COMMERCIAL PRODUCT AND 

4 COMMERCIAL SERVICE DETERMINATIONS BY 

5 DEPARTMENT OF DEFENSE. 

6 Section 3456 of title 10, United States Code, is 

7 amended by striking subsections (a) through (c) and in8 serting the following new subsections: 

9 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

10 create a default determination that products and services 

11 acquired by the Department of Defense are commercial 

12 and shall be acquired using commercial procedures, and, 

13 to the maximum extent practicable, general solicitation 

14 procedures under section 3458 of this title, unless deter15 mined to be non-commercial by the Department of De16 fense contracting officer. 

17 ‘‘(b) DETERMINATIONS REGARDING THE NON-COM18 MERCIAL NATURE OF PRODUCTS OR SERVICES.—A de19 fense-unique development product or service may not be 

20 procured if there is a commercial product or service, with 

21 or without customization, that meets the minimum re22 quirements of the Department of Defense. In making a 

23 determination whether a particular product or service of24 fered by a contractor is non-commercial and does not meet 

25 any definition for commercial products or commercial 


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1 services, a contracting officer of the Department of De2 fense shall submit a written memorandum summarizing 

3 the determination for approval by the head of contracting 

4 activity, prior to awarding the contract, and provide it to 

5 the contractor or subcontractor offering the product or 

6 service for which such determination is summarized in 

7 such memorandum. The memorandum shall include— 

8 ‘‘(1) a detailed justification why the product or 

9 commercial service was determined to be non10 commercial including the results of market research; 

11 and 

12 ‘‘(2) a signed determination by the program 

13 manager that the requirement could not be reason14 ably changed to accommodate a commercial product 

15 or commercial service. 

16 ‘‘(c) DEFINITION.—The term ‘defense-unique devel17 opment’ means a Department of Defense-financed devel18 opment, either to repurpose a commercial product or solu19 tion or to develop a new product or solution, to provide 

20 a defense-unique capability.’’. 

21 SEC. 311. COMMERCIALLY ACCEPTABLE TRANSACTION AND 

22 PAYMENT METHODS. 

23 (a) IN GENERAL.—In the case contracts using com24 mercial procedures or other transactions, procurement of25 ficials of the Department of Defense shall use the most 


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1 efficient, expeditious, and commercially acceptable trans2 action and payment methods practicable. 

3 (b) GOVERNMENT PURCHASE CARD.—In the case of 

4 an acquisition of commercial products, commercial serv5 ices, nondevelopmental items, or other transactions agree6 ments up to $25,000,000, a procurement official— 

7 (1) may use the Government purchase card as 

8 a transaction and payment method subject to the 

9 limitations of the contracting officer’s warrant and 

10 Department of Defense purchase card procedures 

11 and limitations; 

12 (2) may not use flexibly priced contracts that 

13 require the application of the Government’s cost ac14 counting standards or cost principles; and 

15 (3) may not provide for advance payments or 

16 contract financing greater than 15 percent. 

17 (c) MICRO-PURCHASE PROCEDURES.—Nothing in 

18 this section shall affect the ability of the Department of 

19 Defense to use micro-purchase procedures for acquisitions 

20 below the micro-purchase threshold. 

21 SEC. 312. TRANSPARENCY AND ACCOUNTABILITY OF CON22 TRACT AWARDS. 

23 Notice of all contract awards or other agreements 

24 shall be publicly posted within a reasonable period of time 

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1 eration operational security. The notice of award or agree2 ment shall include the purchase order or other record of 

3 the transaction that includes quantities and prices of the 

4 individual products or services being acquired. 

5 SEC. 313. LIMITATION ON REQUIRED FLOWDOWN OF CON6 TRACT CLAUSES TO SUBCONTRACTORS PRO7 VIDING COMMERCIAL PRODUCTS OR COM8 MERCIAL SERVICES. 

9 (a) CONTRACT CLAUSES REQUIRED IN THE FED10 ERAL ACQUISITION REGULATION.— 

11 (1) IN GENERAL.—Chapter 247 of title 10, 

12 United States Code, is amended by adding at the 

13 end the following new section: 

14 ‘‘§ 3459. Limitation on required flowdown of contract 

15 clauses to subcontractors providing com16 mercial products or commercial services 

17 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

18 not require that a clause be included in a subcontract for 

19 commercial products and services other than a clause re20 quired by a provision of law that is on the list required 

21 by section 3452 of this title. 

22 ‘‘(b) SINGLE CLAUSE REQUIREMENT.—The Sec23 retary of Defense shall provide for implementation of all 

24 provisions of law applicable to subcontracts for commercial 

25 products and services through— 


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1 ‘‘(1) a single clause applicable to contracts for 

2 commercial products and services; and 

3 ‘‘(2) a single clause applicable to contracts for 

4 noncommercial products and services.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 247 of title 10, 

7 United States Code, is amended by inserting after 

8 the item relating to section 3458 the following new 

9 item: 

‘‘3459. Limitation on required flowdown of contract clauses to subcontractors 

providing commercial products or commercial services.’’. 

10 (b) EFFECTIVE DATES.— 

11 (1) IN GENERAL.—The requirements under sec12 tion 3459 of title 10, United States Code, as added 

13 by subsection (a), shall apply with respect to solicita14 tions issued by the Department of Defense after the 

15 end of the 120-day period beginning on the date of 

16 the enactment of this Act. 

17 (2) REGULATIONS.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary of Defense shall amend the Defense Federal 

20 Acquisition Regulation Supplement to implement 

21 section 3459 of title 10, United States Code, as 

22 added by subsection (a). 


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1 SEC. 314. MODIFICATIONS TO RELATIONSHIP OF OTHER 

2 PROVISIONS OF LAW TO PROCUREMENT OF 

3 COMMERCIAL PRODUCTS AND COMMERCIAL 

4 SERVICES. 

5 Section 3452 of title 10, United States Code, is 

6 amended by striking subsections (b) through (f) and in7 serting the following new subsections: 

8 ‘‘(b) APPLICABILITY OF DEFENSE-UNIQUE STAT9 UTES TO CONTRACTS FOR COMMERCIAL PRODUCTS AND

10 COMMERCIAL SERVICES.—(1) The Defense Federal Ac11 quisition Regulation Supplement shall include a list of de12 fense-unique provisions of law and of contract clause re13 quirements based on government-wide acquisition regula14 tions, policies, or executive orders expressly required in 

15 law that are applicable to contracts for the procurement 

16 of commercial products and commercial services by the 

17 Department of Defense. 

18 ‘‘(2) A provision of law or contract clause require19 ment described in subsection (e) that is enacted after Oc20 tober 13, 1994, shall not be included on the list of applica21 ble provisions of law and contract clause requirements re22 quired by paragraph (1) unless the Under Secretary of 

23 Defense for Acquisition and Sustainment makes a written 

24 determination that it would be in the best interest of the 

25 Department of Defense to apply the provision or contract 


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1 clause requirement to the contract for the procurement of 

2 commercial products and commercial services. 

3 ‘‘(c) APPLICABILITY OF DEFENSE-UNIQUE STAT4 UTES TO SUBCONTRACTS FOR COMMERCIAL PRODUCTS

5 AND COMMERCIAL SERVICES.—(1) The Defense Federal 

6 Acquisition Regulation Supplement shall include a list of 

7 defense-unique provisions of law and of contract clause re8 quirements based on government-wide acquisition regula9 tions, policies, or executive orders expressly required in 

10 law that are applicable to subcontracts for the procure11 ment of commercial products and commercial services. A 

12 provision of law or contract clause requirement properly 

13 included on the list pursuant to paragraph (2) must apply 

14 to purchases of commercial products and commercial serv15 ices by the Department of Defense. 

16 ‘‘(2) A provision of law or contract clause require17 ment described in subsection (e) that is enacted after Oc18 tober 13, 1994, shall not be included on the list of applica19 ble provisions of law and contract clause requirements re20 quired by paragraph (1) unless the Under Secretary of 

21 Defense for Acquisition and Sustainment makes a written 

22 determination that it would be in the best interest of the 

23 Department of Defense to apply the provision or contract 

24 clause requirement to the subcontract for the procurement 

25 of commercial products and commercial services. 


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1 ‘‘(3) In this subsection, the term ‘subcontract’— 

2 ‘‘(A) includes a transfer of commercial products 

3 and commercial services between divisions, subsidi4 aries, or affiliates of a contractor or subcontractor; 

5 and 

6 ‘‘(B) does not include agreements entered into 

7 by a contractor for the supply of commodities that 

8 are intended for use in the performance of multiple 

9 contracts with the Department of Defense and other 

10 parties and are not identifiable to any particular 

11 contract. 

12 ‘‘(4) This subsection does not authorize the waiver 

13 of the applicability of any provision of law or contract 

14 clause requirement with respect to any first-tier sub15 contract under a contract with a prime contractor reselling 

16 or distributing commercial products and commercial serv17 ices of another contractor without adding value. 

18 ‘‘(d) APPLICABILITY OF DEFENSE-UNIQUE STAT19 UTES TO CONTRACTS FOR COMMERCIALLY AVAILABLE, 

20 OFF-THE-SHELF ITEMS.—(1) The Defense Federal Ac21 quisition Regulation Supplement shall include a list of de22 fense-unique provisions of law and of contract clause re23 quirements based on government-wide acquisition regula24 tions, policies, or executive orders expressly required in 

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1 ment of commercially available off-the-shelf items by the 

2 Department of Defense. 

3 ‘‘(2) A provision of law or contract clause require4 ment described in subsection (e) that is enacted after Oc5 tober 13, 1994, shall not be included on the list of applica6 ble provisions of law and contract clause requirements re7 quired by paragraph (1) unless the Under Secretary of 

8 Defense for Acquisition and Sustainment makes a written 

9 determination that it would be in the best interest of the 

10 Department of Defense to apply the provision or contract 

11 clause requirement to the procurement of commercially 

12 available off-the-shelf items. 

13 ‘‘(e) COVERED PROVISION OF LAW OR CONTRACT

14 CLAUSE REQUIREMENT.—A provision of law or contract 

15 clause requirement referred to in subsections (b)(2), 

16 (c)(2), and (d)(2) is a provision of law or contract clause 

17 requirement that the Under Secretary of Defense for Ac18 quisition and Sustainment determines sets forth policies, 

19 procedures, requirements, or restrictions for the procure20 ment of property or services by the Federal Government, 

21 except for a provision of law or contract clause require22 ment that— 

23 ‘‘(1) provides for criminal or civil penalties; 

24 ‘‘(2) requires that certain articles be bought 

25 from United States sources pursuant to section 


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1 4862 of this title, or requires that strategic mate2 rials critical to national security be bought from 

3 United States sources pursuant to section 4863 of 

4 this title; or 

5 ‘‘(3) specifically refers to this section and pro6 vides that, notwithstanding this section, it shall be 

7 applicable to contracts for the procurement of com8 mercial products and commercial services.’’. 

9 SEC. 315. NONTRADITIONAL DEFENSE CONTRACTOR COM10 MERCIAL SOLUTIONS OPENING. 

11 Section 3458 of title 10, United States Code, is 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(j) NONTRADITIONAL VEHICLE.—(1) The Secretary 

15 of Defense shall establish consortia to conduct prototype 

16 projects and follow-on production under the authority of 

17 section 4022 of this title for each systems command and 

18 each portfolio acquisition executive. 

19 ‘‘(2) Of the consortia established pursuant to para20 graph (1), the membership of the consortia shall be limited 

21 to nontraditional defense contractors (as defined in section 

22 3014 of this title). 

23 ‘‘(3) The preferred model for developing and pro24 ducing operational military capabilities using the consortia 

25 in paragraph (1) shall be the urgent capability acquisition, 


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1 middle tier of acquisition, software acquisition, or services 

2 acquisition pathways of the Department of Defense 

3 Adaptive Acquisition Framework described in Department 

4 of Defense Instruction 5000.2.’’. 

5 SEC. 316. PROGRAM MANAGEMENT OFFICE COMPETITION. 

6 (a) AUTHORIZATION.—Not later than April 1, 2025, 

7 the service and component acquisition executives shall es8 tablish guidance requiring separate program managers 

9 and contracting officers within the Department of Defense 

10 to compete alternative prototypes for a program with an 

11 independent down-select to determine the winner. 

12 (b) SELECTION OF PROGRAMS.—Each service and 

13 component acquisition executive shall designate not less 

14 than three programs annually for use of the procedures 

15 established under subsection (a). 

16 (c) SELECTION OF PERSONNEL.—For each program 

17 selected under subsection (b), the service or component ac18 quisition executive shall select not less than two separate 

19 program managers and contracting officers who shall— 

20 (1) assume management of distinct prime con21 tractors that do not share ownership from the same 

22 ultimate parent company; 

23 (2) sign a tenure agreement through the end of 

24 the competitive down-select under subsection (e); 

25 and 


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1 (3) be selected from existing personnel of the 

2 Department of Defense. 

3 (d) PROTOTYPE PHASE.—Each program manager 

4 and contracting officer selected under subsection (c) for 

5 a specific program shall be provided equal funding and 

6 scheduling constraints to deliver a prototype demonstra7 tion for the program requirement. 

8 (e) COMPETITIVE DOWN-SELECT.—The service or 

9 component acquisition executives, in coordination with 

10 operational test and evaluation activities and the com11 manders of the combatant commands, shall— 

12 (1) evaluate the prototypes delivered under sub13 section (d) with direct input from military users; 

14 (2) regard any program manager-approved de15 viation from the program requirement under sub16 section (f)(2) to be valid; and 

17 (3) select a winner eligible for a sole source fol18 low-on contract or other agreement under subsection 

19 (f)(1). 

20 (f) EXEMPTIONS AND SPECIAL PROCEDURES.— 

21 (1) COMPETITIVE PROCEDURES EXEMPTION.— 

22 Contracts awarded under the procedures established 

23 in subsection (a) shall be considered use of competi24 tive procedures established for the purposes of chap25 ter 221 of this title. 


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1 (2) JOINT CAPABILITIES INTEGRATION AND DE2 VELOPMENT SYSTEM EXEMPTION.—The requirement 

3 for the program under subsection (b) shall be ex4 empt from the Joint Capabilities Integration and 

5 Development System and a program manager may 

6 deviate from the requirement without additional ap7 proval. 

8 (3) TEST AND EVALUATION MASTER PLAN.— 

9 The program under subsection (b) shall utilize a 

10 streamlined Test and Evaluation Master Plan that 

11 must be submitted prior to the competitive down-se12 lect phrase described in subsection (e). 

13 (4) ACQUISITION STRATEGY.—Each program 

14 manager and contracting officer shall submit a 

15 streamlined acquisition strategy of no more than 20 

16 pages prior to the start of the prototype phase under 

17 subsection (d). 

18 (g) DELEGATION.—The service or component acqui19 sition executive may delegate the down-selection described 

20 in subsection (e) to personnel other than personnel se21 lected under subsection (c) or personnel that may have 

22 a conflict of interest. 


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1 SEC. 317. MIDDLE TIER OF ACQUISITION FOR RAPID 

2 PROTOTYPING AND RAPID FIELDING. 

3 (a) IN GENERAL.—Chapter 253 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 3602. Middle tier of acquisition for rapid proto7 typing and rapid fielding 

8 ‘‘(a) GUIDANCE REQUIRED.—The Under Secretary of 

9 Defense for Acquisition and Sustainment shall establish 

10 pathways as described under subsection (b) to establish 

11 a process for conducting middle tier acquisitions for pro12 grams or projects that are intended to be completed in 

13 a period of two to five years. 

14 ‘‘(b) ACQUISITION PATHWAYS.—The Under Sec15 retary of Defense for Acquisition and Sustainment shall 

16 establish the following two acquisition pathways: 

17 ‘‘(1) RAPID PROTOTYPING.—The rapid proto18 typing pathway shall provide for the use of innova19 tive technologies to rapidly develop fieldable proto20 types to demonstrate new capabilities and meet 

21 emerging military needs. The objective of an acquisi22 tion program or project under this pathway shall be 

23 to field a prototype that can be demonstrated in an 

24 operational environment and provide for a residual 

25 operational capability within five years of initiation. 


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1 ‘‘(2) RAPID FIELDING.—The rapid fielding 

2 pathway shall provide for the use of proven tech3 nologies to field production quantities of new or up4 graded systems with minimal development required. 

5 The objective of an acquisition program or project 

6 under this pathway shall be to begin production 

7 within six months and complete fielding within five 

8 years of initiation. 

9 ‘‘(c) EXPEDITED PROCESS.— 

10 ‘‘(1) IN GENERAL.—Before using the authority 

11 under this section, the Under Secretary shall develop 

12 a streamlined and coordinated requirements, budget, 

13 and acquisition process that results in the develop14 ment of an approved requirement for each acquisi15 tion program or project in a period of not more than 

16 six months from the time that process is initiated. 

17 Programs of projects carried out under the authority 

18 of this section shall not be subject to the Joint Ca19 pabilities Integration and Development System Man20 ual and Department of Defense Directive 5000.01. 

21 ‘‘(2) RAPID PROTOTYPING.—With respect to 

22 the rapid prototyping pathway, the process described 

23 in paragraph (1) shall include— 

24 ‘‘(A) a merit-based process for considering 

25 innovative technologies and new capabilities to 


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1 meet needs communicated the Joint Chiefs of 

2 Staff or the combatant commanders; 

3 ‘‘(B) a process for developing and imple4 menting acquisition and funding strategies for 

5 a program or project to be carried out under 

6 such pathway; 

7 ‘‘(C) a process for demonstrating and eval8 uating the performance of fieldable prototypes 

9 developed pursuant to such program or project 

10 in an operational environment; 

11 ‘‘(D) a process for transitioning successful 

12 prototypes into new or existing acquisition pro13 grams for production and fielding under the 

14 rapid fielding or major capability acquisition 

15 pathway (as defined under Department of De16 fense Instruction 5000.85 or successor instruc17 tion); and 

18 ‘‘(E) a process for iterating prototyping 

19 and fielding within the rapid prototyping path20 way that may use a process described in para21 graph (4)(E). 

22 ‘‘(3) RAPID FIELDING.—With respect to the 

23 rapid fielding pathway, the process described in 

24 paragraph (1) shall include— 


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1 ‘‘(A) a merit-based process for considering 

2 innovative technologies and new capabilities to 

3 meet needs communicated the Joint Chiefs of 

4 Staff or the combatant commanders; 

5 ‘‘(B) a process for developing and imple6 menting acquisition and funding strategies for 

7 a program or project to be carried out under 

8 such pathway; 

9 ‘‘(C) a process for demonstrating perform10 ance and evaluating for current operational 

11 purposes and the proposed products and tech12 nologies; 

13 ‘‘(D) a process for considering lifecycle 

14 costs and addressing issues of logistics support 

15 and system interoperability; and 

16 ‘‘(E) a process for identifying and exploit17 ing opportunities to use the rapid fielding path18 way to reduce total ownership costs. 

19 ‘‘(4) STREAMLINED PROCEDURES.—The proc20 ess described in paragraph (1) shall provide for all 

21 of the following streamlined procedures: 

22 ‘‘(A) A program manager shall be provided 

23 staff positions for a technical staff, including 

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1 tification, testing, cyber, and logistics, to enable 

2 the program manager to manage the program 

3 or project without the technical assistance of 

4 another element of the Department of Defense 

5 to the maximum extent practicable. 

6 ‘‘(B) A program manager shall, in coordi7 nation with the users of the good or service to 

8 be acquired under such a program or project 

9 and the test community, have the authority to 

10 make trade-offs among lifecycle costs, require11 ments, and schedules to meet the goals of the 

12 program or project. 

13 ‘‘(C) Each service acquisition executive, 

14 acting in coordination with the defense acquisi15 tion executive, may serve as the decision au16 thority for a program or project for which the 

17 authority under this section is used or shall del18 egate such decision authority. 

19 ‘‘(D) A program manager may seek an ex20 pedited waiver from any regulatory require21 ment, or in the case of a statutory requirement, 

22 a waiver from Congress, that the program man23 ager determines adds cost, schedule, or per24 formance delays with little or no value to the 

25 management of such program or project. 


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1 ‘‘(E) If an operational capability is dem2 onstrated for a program or project for which 

3 the authority under this section is used, the ap4 propriate service acquisition executive may per5 mit continuous iterative prototyping and field6 ing under the same program or project for an 

7 unlimited number of subsequent periods, where 

8 each period is intended to be five years.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 253 of title 10, United States 

11 Code, is amended by inserting after the item relating to 

12 section 3601 the following new item: 

‘‘3602. Middle tier of acquisition for rapid prototyping and rapid fielding.’’. 

13 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section 

14 804 of the National Defense Authorization Act for Fiscal 

15 Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note 

16 prec.) is repealed. 

17 (d) CONFORMING AMENDMENTS.— 

18 (1) Section 3601 of title 10, United States 

19 Code, is amended— 

20 (A) in subsection (a)— 

21 (i) in paragraph (1)(B), by striking 

22 ‘‘section 804 rapid acquisition pathway’’ 

23 and inserting ‘‘rapid acquisition pathway’’; 

24 and 


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1 (ii) by amending paragraph (2) to 

2 read as follows: 

3 ‘‘(2) RAPID ACQUISITION PATHWAY DEFINED.— 

4 In this section, the term ‘rapid acquisition pathway’ 

5 means the rapid prototyping or the rapid fielding ac6 quisition pathway authorized under section 3602 of 

7 this title.’’; 

8 (B) in subsection (b)(4), by striking ‘‘the 

9 guidance developed under section 804(a) of the 

10 National Defense Authorization Act for Fiscal 

11 Year 2016 (Public Law 114–92; 10 U.S.C. 

12 3201 note prec.)’’ and inserting ‘‘section 3602 

13 of this title’’; and 

14 (C) in subsection (c), by striking ‘‘section 

15 804 rapid acquisition pathway’’ each place it 

16 appears and inserting ‘‘rapid acquisition path17 way’’. 

18 (2) Section 4201(b)(1) of title 10, United 

19 States Code, is amended by striking ‘‘section 804 of 

20 the National Defense Authorization Act for Fiscal 

21 Year 2016 (Public Law 114–92; 10 U.S.C. 3201 

22 note prec.)’’ and inserting ‘‘section 3602 of this 

23 title’’. 

24 (3) Section 4324(d)(5)(B) of title 10, United 

25 States Code, is amended by striking ‘‘section 804 of 


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1 the National Defense Authorization Act for Fiscal 

2 Year 2016 (Public Law 114–92; 10 U.S.C. 2302 

3 note)’’ and inserting ‘‘section 3602 of this title’’. 

4 (4) Section 4423(e) of title 10, United States 

5 Code, is amended by striking ‘‘section 804 of the 

6 National Defense Authorization Act for Fiscal Year 

7 2016 (Public Law 114–92; 10 U.S.C. 2302 note)’’ 

8 and inserting ‘‘section 3602 of this title’’. 

9 (5) Section 810(a) of the National Defense Au10 thorization Act for Fiscal Year 2024 (Public Law 

11 118–31; 10 U.S.C. 4067 note) is amended by strik12 ing ‘‘section 804 of the National Defense Authoriza13 tion Act for Fiscal Year 2016 (Public Law 114–92; 

14 10 U.S.C. 3201 note prec.)’’ and inserting ‘‘section 

15 3602 of title 10, United States Code’’. 

16 (6) Section 1608(e) of the National Defense 

17 Authorization Act for Fiscal Year 2024 (Public Law 

18 118–31; 10 U.S.C. 2271 note) is amended by strik19 ing ‘‘section 804 of the National Defense Authoriza20 tion Act for Fiscal Year 2016 (Public Law 114–92; 

21 10 U.S.C. 3201 note prec.)’’ and inserting ‘‘section 

22 3602 of title 10, United States Code’’. 

23 (7) Section 807(e)(4) of the William M. (Mac) 

24 Thornberry National Defense Authorization Act for 

25 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 


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1 9081 note) is amended by striking ‘‘section 804 of 

2 the National Defense Authorization Act for Fiscal 

3 Year 2016 (Public Law 114–92; 10 U.S.C. 2302 

4 note)’’ and inserting ‘‘section 3602 of title 10, 

5 United States Code’’. 

6 (8) Section 884(c)(2)(E) of the National De7 fense Authorization Act for Fiscal Year 2017 (Pub8 lic Law 114–328; 10 U.S.C. 4291 note prec.) is 

9 amended by striking ‘‘section 804 of the National 

10 Defense Authorization Act for Fiscal Year 2016 

11 (Public Law 114–92; 10 U.S.C. 2302 note)’’ and in12 serting ‘‘section 3602 of title 10, United States 

13 Code’’. 

14 SEC. 318. REVISION AND CODIFICATION OF SOFTWARE AC15 QUISITION PATHWAYS. 

16 (a) IN GENERAL.—Chapter 253 of title 10, United 

17 States Code, as amended by section 318, is further amend18 ed by adding at the end the following new section: 

19 ‘‘§ 3603. Software acquisition pathways 

20 ‘‘(a) SOFTWARE ACQUISITION AND DEVELOPMENT

21 PATHWAYS.—The Secretary of Defense shall establish 

22 pathways as described under subsection (b) to provide for 

23 the efficient and effective acquisition, development, inte24 gration, and timely delivery of software and covered hard25 ware. 


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1 ‘‘(b) PATHWAYS.—The Secretary of Defense may es2 tablish as many pathways under this section as the Sec3 retary determines appropriate and shall establish the fol4 lowing pathways: 

5 ‘‘(1) APPLICATIONS.—The applications pathway 

6 shall provide for the use of rapid development and 

7 implementation of applications and other software or 

8 software improvements operated by the Department 

9 of Defense, which may include applications and asso10 ciated procurement of covered hardware (including 

11 modifications of a type not customarily available in 

12 the commercial marketplace to meet Department re13 quirements), commercially available cloud computing 

14 platforms, and other nondevelopmental items. 

15 ‘‘(2) EMBEDDED SYSTEMS.—The embedded 

16 systems pathway shall provide for the rapid develop17 ment and insertion of upgrades and improvements 

18 for software and covered hardware embedded in 

19 weapon systems and other hardware systems unique 

20 to the Department of Defense. 

21 ‘‘(c) REQUIREMENTS FOR PATHWAYS.—A pathway 

22 established under this section shall provide for the use of 

23 proven technologies and solutions to continuously engineer 

24 and deliver capabilities for software and covered hardware. 


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1 ‘‘(d) CONSIDERATIONS FOR USE OF AUTHORITY.— 

2 In using the authority under this section, the Secretary 

3 shall consider how such use will— 

4 ‘‘(1) initiate the engineering of new software ca5 pabilities quickly, and, if applicable, the integration 

6 of such capabilities into covered hardware; 

7 ‘‘(2) demonstrate the viability and effectiveness 

8 of such capabilities for operational use not later than 

9 one year after the date on which funds are first obli10 gated to acquire or develop software; and 

11 ‘‘(3) allow for the continuous updating and de12 livery of new capabilities not less frequently than an13 nually to iteratively meet a user need. 

14 ‘‘(e) TREATMENT NOT AS MAJOR DEFENSE ACQUISI15 TION PROGRAM.—Software and covered hardware ac16 quired or developed using the authority under this section 

17 shall not be treated as a major defense acquisition pro18 gram for purposes of section 4201 of this title. 

19 ‘‘(f) RISK-BASED APPROACH.—The Secretary of De20 fense shall use a risk-based approach for the consideration 

21 of innovative technologies and new capabilities for soft22 ware and covered hardware to be acquired or developed 

23 under this authority to meet needs communicated by the 

24 Joint Chiefs of Staff or the combatant commanders. 

25 ‘‘(g) EXPEDITED PROCESS.— 


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1 ‘‘(1) IN GENERAL.—A pathway established 

2 under this section shall provide for— 

3 ‘‘(A) a streamlined and coordinated re4 quirements, budget, and acquisition process to 

5 support rapid fielding of software applications 

6 and of software upgrades to embedded systems 

7 for operational use in a period of not more than 

8 one year from the time that the process is initi9 ated; and 

10 ‘‘(B) continuous engagement with the 

11 users of software and covered hardware to sup12 port— 

13 ‘‘(i) engineering activities of the De14 partment of Defense; and 

15 ‘‘(ii) delivery of software and covered 

16 hardware for operational use in periods of 

17 not more than one year. 

18 ‘‘(2) EXPEDITED SOFTWARE REQUIREMENTS

19 PROCESS.— 

20 ‘‘(A) INAPPLICABILITY OF JOINT CAPABILI21 TIES INTEGRATION AND DEVELOPMENT SYSTEM

22 MANUAL.—Software and covered hardware ac23 quisition or development conducted under the 

24 authority of this section shall not be subject to 


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1 the Joint Capabilities Integration and Develop2 ment System Manual. 

3 ‘‘(B) INAPPLICABILITY OF DEFENSE AC4 QUISITION SYSTEM DIRECTIVE.—Software and 

5 covered hardware acquisition or development 

6 conducted under the authority of this section 

7 shall not be subject to Department of Defense 

8 Directive 5000.01. 

9 ‘‘(h) ELEMENTS.—In implementing a pathway estab10 lished under the authority of this section, the Secretary 

11 shall tailor streamlined policies and processes relating 

12 to— 

13 ‘‘(1) approval initial user needs statements and 

14 user agreements; 

15 ‘‘(2) establishing and maintaining a prioritized 

16 list of work for development; 

17 ‘‘(3) engaging with product users on a regular 

18 basis; 

19 ‘‘(4) approving acquisition strategies; 

20 ‘‘(5) awarding contracts; 

21 ‘‘(6) iteratively developing, integrating, testing, 

22 and fielding capability; and 

23 ‘‘(7) ensuring the delivery of cyber secure sys24 tems. 

25 ‘‘(i) DEFINITIONS.—In this section: 


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1 ‘‘(1) COVERED HARDWARE.—The term ‘covered 

2 hardware’ means hardware— 

3 ‘‘(A) that is a commercial product (as de4 fined in section 103 of title 41) or a non5 developmental item; and 

6 ‘‘(B) in which software acquired under this 

7 section is embedded. 

8 ‘‘(2) NONDEVELOPMENTAL ITEM.—The term 

9 ‘nondevelopmental item’ has the meaning given the 

10 term in section 110 of title 41.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of chapter 253 of title 10, United States 

13 Code, as amended by section 318, is further amended by 

14 inserting after the item relating to section 3602 the fol15 lowing new item: 

‘‘3603. Software acquisition pathways.’’. 

16 (c) REPEAL OF SUPERSEDED AUTHORITY.— 

17 (1) REPEAL.—Section 800 of the National De18 fense Authorization Act for Fiscal Year 2020 (Pub19 lic Law 116–92; 10 U.S.C. 4571 note) is repealed. 

20 (2) CONFORMING AMENDMENT.—Section 

21 807(e)(1) of the William M. (Mac) Thornberry Na22 tional Defense Authorization Act for Fiscal Year 

23 2021 (Public Law 116–283; 10 U.S.C. 9081 note) 

24 is amended by striking ‘‘section 800 of the National 

25 Defense Authorization Act for Fiscal Year 2020 


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1 (Public Law 116–92; 133 Stat. 1478; 10 U.S.C. 

2 2223a note)’’ and inserting ‘‘section 3603 of title 

3 10, United States Code’’. 

4 SEC. 319. MODIFICATIONS TO STEPS TO IDENTIFY AND AD5 DRESS POTENTIAL UNFAIR COMPETITIVE AD6 VANTAGE OF TECHNICAL ADVISORS TO AC7 QUISITION OFFICIALS. 

8 (a) GUIDANCE REQUIRED.—Not later than 180 days 

9 after the date of the enactment of this Act, the Secretary 

10 of Defense shall issue guidance on steps to identify and 

11 prevent the potentially unfair competitive advantage of en12 tities providing technical advice to acquisition officials in 

13 the award of research and development work by such offi14 cials. 

15 (b) DEFINITIONS.—For the purposes of this sec16 tion— 

17 (1) the term ‘‘potentially unfair competitive ad18 vantage’’ means unequal access to acquisition offi19 cials responsible for award decisions or allocation of 

20 resources or to acquisition information relevant to 

21 award decisions or allocation of resources; and 

22 (2) the term ‘‘entity providing technical advice 

23 to acquisition officials’’ means a science and tech24 nology reinvention laboratory or a federally funded 

25 research and development center or another nonVerDate Sep 11 2014 21:06 Jan 27, 2025 Jkt 059200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S5618.IS S5618

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1 profit entity that provides systems engineering and 

2 technical direction, participates in technical evalua3 tions, helps prepare specifications or work state4 ments, or otherwise provides technical advice to ac5 quisition officials on the conduct of defense acquisi6 tion programs. 

7 (c) REPORT.—Not later than one year after the date 

8 of the enactment of this Act, the Secretary of Defense 

9 shall submit to the Committee on Armed Services of the 

10 Senate and the Committee on Armed Services of the 

11 House of Representatives a report on the policies estab12 lished under this section. The report shall— 

13 (1) describe how any employee or assigned per14 sonnel of an entity defined in subsection (b)(2) will 

15 be— 

16 (A) prevented from performing acquisition 

17 functions, including the development, award, or 

18 administration of contracts of the program of19 fices; 

20 (B) prevented from formulating, over21 seeing, or evaluating performance on develop22 mental or operational testing, or experimen23 tation; and 

24 (C) allowed to request a waiver to provide 

25 technical advice to acquisition officials if— 


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1 (i) the individual has never supported 

2 a product, service, or development of a 

3 modular open system architecture that 

4 may compete or be required by the acquisi5 tion effort of the acquisition official; 

6 (ii) a process is established to report 

7 any potentially unfair competitive advan8 tage violations by such an employee or as9 signed personnel to the program manager 

10 or contracting officer as soon as it is iden11 tified; 

12 (iii) a process is established to main13 tain effective oversight to verify compliance 

14 with this section; and 

15 (iv) appropriate disciplinary actions 

16 are established in the case of employees or 

17 assigned personnel who fail to comply with 

18 policies established pursuant to this sec19 tion; and 

20 (2) provide information on pass-through 

21 charges that the science and technology reinvention 

22 laboratories charge acquisition officials when receiv23 ing funded work from Department of Defense pro24 gram offices, including the values charged by each 


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1 science and technology reinvention laboratory and 

2 the ultimate uses of the funds. 

3 (d) REPEAL OF OBSOLETE AUTHORITY.—The Na4 tional Defense Authorization Act for Fiscal Year 2016 

5 (Public Law 114–92; 129 Stat. 942) is amended by strik6 ing section 881. 

7 SEC. 320. MODIFICATIONS TO PROCUREMENT FOR EXPERI8 MENTAL PURPOSES. 

9 Section 4023 of title 10, United States Code, is 

10 amended— 

11 (1) in subsection (a), by striking ‘‘ordnance, 

12 signal, chemical activity, transportation, energy, 

13 medical, space flight, telecommunications, and aero14 nautical supplies, including parts and accessories, 

15 and designs thereof,’’ and inserting ‘‘demonstrations, 

16 prototypes, products, supplies, parts, accessories, 

17 auxiliary services, and design for defense-related ar18 ticles’’; 

19 (2) in subsection (b)— 

20 (A) by inserting ‘‘or modified’’ after ‘‘may 

21 be made’’; and 

22 (B) by inserting ‘‘prototyping,’’ after 

23 ‘‘greater than necessary for’’; and 

24 (3) by adding at the end the following new sub25 section: 


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1 ‘‘(c) FOLLOW-ON PRODUCTION CONTRACTS OR

2 TRANSACTIONS.—Purchases under this section may allow 

3 for follow-on production contracts or transactions without 

4 the use of competitive procedures or further justification, 

5 even if explicit notification was not provided, if a combat6 ant command submits a written determination that the 

7 purchased item successfully completed the experiment and 

8 intends to field the item.’’. 

9 SEC. 321. CONSUMPTION-BASED SOLUTIONS. 

10 (a) AUTHORITY.—Chapter 247 of title 10, United 

11 States Code, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘§ 3459. Authority to acquire consumption-based so14 lutions 

15 ‘‘(a) AUTHORITY.—The Secretary of Defense and the 

16 Secretaries of the military departments may acquire tech17 nology-supported capabilities through consumption-based 

18 solutions. 

19 ‘‘(b) GUIDANCE REQUIRED.—The Secretary of De20 fense shall amend the Defense Federal Acquisition Regu21 lation Supplement to implement the authority under sub22 section (a), including— 

23 ‘‘(1) creating a new subcategory of services 

24 under part 37 of the Federal Acquisition Regulation, 

25 entitled ‘Consumption-based solutions’ that— 


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1 ‘‘(A) is any combination of hardware, 

2 equipment, software, labor, or services that to3 gether provides a seamless capability; 

4 ‘‘(B) has the ability to be metered and 

5 billed based on actual usage; 

6 ‘‘(C) has predetermined pricing at fixed 

7 price units; 

8 ‘‘(D) requires the awardee to notify the 

9 Department of Defense contracting officer when 

10 consumption under the contract reaches 75 per11 cent and 90 percent of the funded amount, re12 spectively, of the contract; and 

13 ‘‘(E) treats modifications to a contract en14 tered into under the authority established in 

15 subsection (a) to add new features or capabili16 ties in an amount less than or equal to 25 per17 cent of the total value of such contract as com18 petitive procurements under chapter 221 of this 

19 title; and 

20 ‘‘(2) creating a new contract type under part 16 

21 of the Federal Acquisition Regulation, entitled 

22 ‘Fixed-price resource units’ that establishes fixed 

23 price per unit of measure as the preferred contract 

24 type for the authority established under subsection 

25 (a). 


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1 ‘‘(c) FUNDING.—Amounts authorized to be appro2 priated for acquisitions using the authority under sub3 section (a)— 

4 ‘‘(1) may be used for expenses for— 

5 ‘‘(A) research, development, test and eval6 uation; 

7 ‘‘(B) procurement; 

8 ‘‘(C) production; 

9 ‘‘(D) modification; and 

10 ‘‘(E) operation and maintenance; and 

11 ‘‘(2) may be used to enter into incrementally 

12 funded contracts or other agreements. 

13 ‘‘(d) CONSUMPTION-BASED SOLUTION DEFINED.— 

14 In this section, the term ‘consumption-based solution’ 

15 means a model under which a technology-supported capa16 bility is provided to the Department of Defense and may 

17 utilize any combination of software, hardware or equip18 ment, data, and labor or services that provides a capability 

19 that is metered and billed based on actual usage at fixed 

20 price units.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 247 of title 10, United States 

23 Code, is amended by inserting after the item relating to 

24 section 3458 the following new item: 

‘‘3459. Authority to acquire consumption-based solutions.’’. 


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1 TITLE IV—PROMOTION OF COM2 PETITION IN THE DEFENSE 

3 INDUSTRIAL BASE 

4 SEC. 401. PROGRAM FOR ENHANCING SECONDARY 

5 SOURCES AND SUPPLY CHAIN MANAGEMENT 

6 FOR THE DEPARTMENT OF DEFENSE. 

7 (a) PROGRAM ESTABLISHED.—The Secretary of De8 fense shall establish policy, regulations, and guidance to 

9 enhance the creation and utilization of secondary sources 

10 for Department of Defense systems. The program shall— 

11 (1) define qualification, testing, evaluation, and 

12 airworthiness determinations for secondary sources; 

13 (2) create prepackaged templates, including 

14 Source Approval Request (SAR) and Parts Manu15 facturer Approval (PMA), for various categories of 

16 parts and systems; and 

17 (3) address part availability problems, obsoles18 cence management, and supply chain cost inflation. 

19 (b) OBJECTIVES.—The objectives of the program es20 tablished under subsection (a) are— 

21 (1) to develop a streamlined process for sec22 ondary source qualification that can be rapidly de23 ployed in both wartime and peacetime conditions; 

24 (2) to ensure that the qualification process dur25 ing wartime can be completed within weeks, rather 


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1 than months or years, to maintain operational readi2 ness and support rapid deployment; and 

3 (3) to maintain a robust and flexible supply 

4 chain that adopt advanced manufacturing techniques 

5 and can quickly adapt to changing conditions and 

6 requirements. 

7 (c) TEMPLATES.—The Secretary of Defense shall de8 velop a process and detailed templates for qualification, 

9 testing, certification, and airworthiness determinations as 

10 follows: 

11 (1) Not later than 180 days after the date of 

12 the enactment of this Act, the establishment of poli13 cies implementing the process to encourage and sup14 port the delegation of material review board authori15 ties, processes, and approvals to the contractor or 

16 subcontractor (at any tier) with respect to non-safe17 ty critical items for industrial capabilities described 

18 in subsection (b). 

19 (2) The implementation, where feasible and ad20 visable, of commercial processes and procedures, in21 cluding forms and templates such as Sources Ap22 proval Requests and Alternative Offers, for the eval23 uation and qualification of vendors, including manu24 facturers and distributors, that are part of the pro25 gram established under subsection (a). 


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1 (3) The implementation of processes and, if 

2 necessary, the development of military specifications 

3 or other similar requirements documents to pre-qual4 ify vendors to supply safety critical items or mission 

5 critical items for industrial capabilities based on— 

6 (A) an assessment of the vendor’s material 

7 and process controls to assure conformance to 

8 specification and contractual requirements; and 

9 (B) audit and inspection requirements of 

10 the Department of Defense. 

11 (4) The review of test reports and, not later 

12 than 45 days after a test is completed, notification 

13 of approval decisions to requesting member of the 

14 acquisition workforce (as defined in section 101 of 

15 title 10, United States Code). 

16 (5) The establishment of processes for qualifica17 tion of safety critical or flight critical end items pro18 duced through advanced processes and technologies, 

19 such as additive manufacturing. 

20 (6) The consideration for evaluation and quali21 fication of alternative material types that could be 

22 viable replacements or interchangeable sources of 

23 material using streamlined requirements; 

24 (7) Where appropriate, the development of 

25 processes for qualification of a system or subsystem 


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1 by a designated approval authority within a military 

2 department in order to avoid the need for qualifica3 tion of individual parts while ensuring the perform4 ance of parts and the interactions of the parts in the 

5 system or subsystem. 

6 (8) The development of pathways to streamline 

7 and consolidate the approval authority of the process 

8 established pursuant to subsection (a). 

9 (9) Minimization of the need for military-unique 

10 specifications and test procedures, and when re11 quired, the use of procedures that— 

12 (A) detail the performance or functions re13 quired by the item requiring qualification and 

14 do not constrain implementation of such proc15 ess; and 

16 (B) is completed upon request by a mem17 ber of the acquisition workforce— 

18 (i) not later than 30 days after the 

19 date of such request, for unmanned items, 

20 non-safety critical items, or non-mission 

21 critical items; and 

22 (ii) not later than 180 days after the 

23 date of such request, for safety critical 

24 items or mission critical items. 


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1 (d) TRANSITION PLANNING.—The program estab2 lished under subsection (a) shall incorporate ASME 

3 Y.14.24 Original Design Activity (ODA) and Current De4 sign Activity (CDA) transition planning and templates, in5 cluding— 

6 (1) standardized templates for transitioning 

7 from ODA to CDA; and 

8 (2) comprehensive guidelines for planning and 

9 executing transitions between ODA and CDA. 

10 (e) PART AVAILABILITY AND OBSOLESCENCE MAN11 AGEMENT.—The pilot program shall include strategies— 

12 (1) to implement improved inventory tracking 

13 systems; 

14 (2) to identify and pre-qualify alternative 

15 sources for critical parts, including Federal Aviation 

16 Administration-certified parts; and 

17 (3) to develop proactive obsolescence manage18 ment strategies. 

19 (f) COST MANAGEMENT.—The program established 

20 under subsection (a) shall include measures— 

21 (1) to conduct regular benchmarking of Depart22 ment of Defense part costs against commercial sec23 tor costs; and 

24 (2) to perform cost-benefit analyses to identify 

25 inefficiencies and areas for cost reduction. 


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1 (g) BUSINESS RULES AND WAIVER PROCEDURES.— 

2 The program established under subsection (a) shall estab3 lish more effective exception or waiver procedures for busi4 ness rules. These procedures shall— 

5 (1) allow for alternative design reviews; and 

6 (2) designate activities and roles in decision7 making processes to ensure accountability and best 

8 value outcomes. 

9 (h) LICENSING ROYALTY PLAN.—The program es10 tablished under subsection (a) shall establish a licensing 

11 royalty plan similar to the intellectual property (IP) rights 

12 royalty payments made during World War II by the prede13 cessors to the Department of Defense, including— 

14 (1) fair and reasonable royalty payments to 

15 ODAs and CDAs for the use of intellectual property 

16 necessary for secondary source development; and 

17 (2) mechanisms to ensure timely and equitable 

18 distribution of royalty payments. 

19 (i) WORKFORCE DEVELOPMENT.—The Secretary of 

20 Defense shall establish an engineering workforce develop21 ment program to provide hands-on exposure for govern22 ment engineers, manufacturing or repair staff, and soft23 ware developers. The program shall— 


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1 (1) equip participants with the skills necessary 

2 to effectively plan and execute secondary sourcing 

3 initiatives; 

4 (2) include training on qualification, testing, 

5 evaluation, and airworthiness determinations; and 

6 (3) provide opportunities for practical experi7 ence in working with secondary sources and supply 

8 chain management. 

9 (j) COST SAVINGS EXEMPTION.—Activities under the 

10 program established under subsection (a) shall not require 

11 a determination of cost savings be met before creating an 

12 alternative source and obtaining technical data or software 

13 needed for replenishment parts or software, including by 

14 reverse engineering. The purpose of the exemption is to 

15 enable wartime logistics, point-of-use manufacturing at 

16 operating locations, alternative sourcing for suppliers or 

17 original equipment manufacturers (OEMs) unable to meet 

18 demand within accelerated wartime or contingency logis19 tics demand schedules, or when mission readiness rates 

20 are adversely impacted, or when value engineering deter21 mines that alternative sourcing is a better option than 

22 OEM or current supplier value. 

23 (k) LEVEL OF REPAIR ANALYSIS.—The program es24 tablished under subsection (a) shall include Level of Re25 pair Analysis (LORA) that considers non-economic factors 


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1 such as battle damage repair, logistics under attack, and 

2 supply chain disruption factors in determining repair or 

3 replacement decisions. 

4 (l) EXEMPTIONS FROM CERTAIN INVESTIGATIONS.— 

5 Items approved under the process developed pursuant to 

6 subsection (a) that do not present a safety risk to human 

7 life— 

8 (1) shall be exempt from Class A and Class B 

9 mishap investigations, as defined by the Secretary of 

10 Defense; and 

11 (2) shall be subject to streamlined investigation 

12 procedures, as determined by the Secretary of De13 fense, with respect to a mishap. 

14 (m) LIABILITY PROTECTIONS.—Approval authorities 

15 responsible for the process developed pursuant to sub16 section (a) shall not be held liable by the Department of 

17 Defense for mishaps with respect to items approved pursu18 ant to the process, absent evidence of willful misconduct, 

19 gross negligence, or intentional fraud. 

20 SEC. 402. ADMINISTRATION OF THE INDUSTRIAL EXPAN21 SION PROGRAM. 

22 (a) REQUIREMENT.—The Secretary of Defense shall 

23 establish an industrial expansion program that funds ac24 tivities under subsection (b) according to the prioritization 

25 of property or services under subsection (c). 


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1 (b) ACTIVITIES PERMITTED.—The industrial expan2 sion program established under subsection (a) shall in3 clude the following activities: 

4 (1) The development, updating, or refinement 

5 of military specifications, to include military details, 

6 military performance specifications, and technical 

7 publications, and test procedures. 

8 (2) Activities associated with the mitigation of 

9 diminishing manufacturing sources and material 

10 shortages. 

11 (3) Reverse engineering or re-engineering prop12 erty to create a technical data package or manufac13 turing capabilities. 

14 (4) Review and validation of technical data 

15 rights, ordering, inspection, and enforcement, includ16 ing the challenge of improper markings and rights 

17 assertions. 

18 (5) Qualification, certification, testing, and as19 sociated oversight. 

20 (6) Advertising, loaning, or transferring re21 quired replenishment parts or data to potential 

22 sources of supply. 

23 (7) Procurement of organic equipment and de24 velopment of organic information systems associated 

25 with activities described in paragraphs (1) through 


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1 (6) that support capabilities described under section 

2 2464 of title 10, United States Code. 

3 (8) Life-of-type buys if there is reasonable ex4 pectation that a manufacturing source will have to 

5 be created and qualified within the next three years. 

6 (c) PRIORITIZATION.—The Secretary of Defense shall 

7 ensure that funding for activities under subsection (b) 

8 shall be prioritized for the following needs: 

9 (1) Shortages in sustainment impacting a sys10 tem’s mission capable rates below required objec11 tives. 

12 (2) Items that are sequence critical or on the 

13 driving path for production schedules. 

14 (3) Items that have no qualified sources of sup15 ply. 

16 (4) Items for which a contracting officer cannot 

17 ascertain a fair and reasonable price, or for which 

18 a contractor has refused to provide cost or pricing 

19 data. 

20 (5) Items required to retain core logistics capa21 bilities. 

22 (6) Items identified by combatant commanders 

23 as critical for point-of-use manufacturing under con24 ditions of contested logistics. 


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1 (d) EXPENDITURE AMOUNTS.—The Department of 

2 Defense shall expend in connection with the program re3 quired under subsection (a)— 

4

5 (A) not less than 2 percent of its extra6 mural procurement and sustainment budget in 

7 each of fiscal years 2026 and 2027; and 

8 (B) not less than 3 percent of its extra9 mural procurement and sustainment budget in 

10 fiscal year 2028 and each fiscal year thereafter. 

11 (e) EXEMPTIONS.—The requirements, approvals, and 

12 order of preference in subpart 217.75 of the Defense Fed13 eral Acquisition Regulation Supplement and related proce14 dures and guidance shall not apply. 

15 (f) PREFERENCE.—The prototype authority under 

16 section 4022 of title 10, United States Code, shall be the 

17 preferred mechanism for procuring activities under the 

18 program required under subsection (a), including with re19 spect to a transition to production. 

20 (g) DEFINITIONS.—In this section: 

21 (1) EXTRAMURAL BUDGET.—The term ‘‘extra22 mural budget’’ means the sum of the total obliga23 tions minus amounts obligated for such activities by 

24 employees of the agency in or through Government25 owned, Government-operated facilities, except that 


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1 for the Department of Energy it shall not include 

2 amounts obligated for atomic energy defense pro3 grams solely for weapons activities or for naval reac4 tor programs. 

5 (2) REVERSE ENGINEERING.—The term ‘‘re6 verse engineering’’ means a process by which parts 

7 are examined and analyzed to determine how they 

8 were manufactured, for the purpose of developing a 

9 complete technical data package, typically for pur10 poses of enabling manufacture of an item by new 

11 sources. 

12 TITLE V—DEFENSE BUDGETING 

13 PROCESSES 

14 SEC. 501. REVIEW OF STRUCTURE OF THE BUDGET AND AP15 PROPRIATIONS FOR FUNDING OF DEFENSE 

16 ACQUISITION PROGRAMS. 

17 (a) REVIEW REQUIRED.—The Secretary of Defense 

18 shall conduct a comprehensive review of the appropriation 

19 account, budget line item, and program element structure 

20 for the budget of the Department of Defense, with the 

21 objectives of— 

22 (1) identifying cases in which management of a 

23 program or system has been made more difficult due 

24 to the program or system having been subdivided 

25 into multiple budget line items or program elements; 


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1 (2) identifying cases in which the budget line 

2 items or program elements for multiple programs or 

3 systems intended to provide a common set of capa4 bilities, missions, or functions could be combined 

5 into a single budget line item or a single program 

6 element; 

7 (3) identifying steps that could be taken to ad8 dress the cases identified under paragraphs (1) and 

9 (2) including a cross-walk of the existing budget 

10 structure to the new structure; 

11 (4) alignment, to the maximum extent possible, 

12 of budget line items or program elements to portfolio 

13 acquisition executives or similar portfolio managers; 

14 and 

15 (5) removal of appropriation titles for research, 

16 development, test and evaluation; procurement; and 

17 operation and maintenance, and reorganization 

18 based on military service and major capability and 

19 activity areas as recommended by the final report of 

20 the Commission on Planning, Programming, Budg21 eting, and Execution Reform. 

22 (b) REPORT.—Not later than one year after the date 

23 of the enactment of this Act, the Secretary of Defense 

24 shall submit to the congressional defense committees a re25 port providing the results of the review under subsection 


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1 (a), together with the Secretary’s plan for any changes 

2 to be made within the Department of Defense resulting 

3 from the review and such recommendations for legislative 

4 action as the Secretary considers appropriate as a result 

5 of the review. 

6 SEC. 502. MODIFICATIONS TO THE DEFENSE MODERNIZA7 TION ACCOUNT. 

8 Section 3136 of title 10, United States Code, is 

9 amended— 

10 (1) in subsection (b)(1), by striking ‘‘out of sav11 ings derived from such projects’’; 

12 (2) in subsection (e)— 

13 (A) by striking paragraphs (1) and (2); 

14 and 

15 (B) by striking ‘‘(3) Funds’’ and inserting 

16 ‘‘Funds’’; 

17 (3) in subsection (f), by striking paragraph (3); 

18 and 

19 (4) in subsection (h)(2)— 

20 (A) in subparagraph (A), by inserting the 

21 semicolon and inserting ‘‘; and’’; 

22 (B) in subparagraph (B), by striking the 

23 semicolon and inserting a period; and 

24 (B) by striking subparagraphs (C) and 

25 (D). 


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1 SEC. 503. AMENDMENTS AND REPEALS TO BUDGETARY RE2 QUIREMENTS FOR DEFENSE ACQUISITION. 

3 (a) AMENDMENTS TO EXISTING LAW.— 

4 (1) DEFENSE INTELLIGENCE BUSINESS MAN5 AGEMENT SYSTEMS.—Section 1624 of the John S. 

6 McCain National Defense Authorization Act for Fis7 cal Year 2019 (Public Law 115–232; 132 Stat. 

8 2120) is amended by striking subsection (b). 

9 (2) ASSIGNMENT OF CERTAIN BUDGET CON10 TROL RESPONSIBILITIES TO COMMANDER OF UNITED

11 STATES CYBER COMMAND.—Section 1507(c)(2) of 

12 the National Defense Authorization Act for Fiscal 

13 Year 2022 (Public Law 117–81; 10 U.S.C. 167b 

14 note) is amended— 

15 (A) by striking subparagraphs (C) and 

16 (D); and 

17 (B) by redesignating subparagraph (E) as 

18 subparagraph (C). 

19 (3) LIMITATION AND REPORTING REQUIRE20 MENTS FOR UNMANNED CARRIER-LAUNCHED SUR21 VEILLANCE AND STRIKE SYSTEM PROGRAM.—Sec22 tion 213 of the National Defense Authorization Act 

23 for Fiscal Year 2014 (Public Law 113–66; 10 

24 U.S.C. 22 note) is amended— 

25 (A) by striking subsection (c); and 


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1 (B) by redesignating subsection (d) as sub2 section (c). 

3 (4) BODY ARMOR PROCUREMENT.—Section 141 

4 of the National Defense Authorization Act for Fiscal 

5 Year 2010 (Public Law 111–84; 10 U.S.C. 221 

6 note) is amended to read as follows: 

7 ‘‘SEC. 141. BODY ARMOR PROCUREMENT. 

8 ‘‘The Secretary of Defense shall ensure that body 

9 armor is procured using funds authorized to be appro10 priated by this title.’’. 

11 (5) RAPID RESPONSE TO EMERGENT TECH12 NOLOGY ADVANCEMENTS OR THREATS.—Section 

13 229(c)(2) of the National Defense Authorization Act 

14 for Fiscal Year 2024 (Public Law 118–31; 10 

15 U.S.C. 3601 note) is amended by striking subpara16 graph (C). 

17 (6) ANNUAL PRIMARY PREVENTION RESEARCH

18 AGENDA.—Section 549A of the National Defense 

19 Authorization Act for Fiscal Year 2022 (Public Law 

20 117–81; 10 U.S.C. 1561 note) is amended by strik21 ing subsection (d). 

22 (7) EXPLOSIVE ORDNANCE DISPOSAL DEFENSE

23 PROGRAM.—Section 2284 of title 10, United States 

24 Code, is amended— 

25 (8) by striking subsection (c); and 


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1 (9) by redesignating subsection (d) as sub2 section (c). 

3 (b) REPEALS OF EXISTING LAW.— 

4 (1) IN GENERAL.—The following provisions are 

5 hereby repealed: 

6 (A) EVALUATION AND ASSESSMENT OF

7 THE DISTRIBUTED COMMON GROUND SYS8 TEM.—Section 219 of the National Defense Au9 thorization Act for Fiscal Year 2013 (Public 

10 Law 113–66; 10 U.S.C. 221 note). 

11 (B) WEAPON SYSTEM COMPONENT OR

12 TECHNOLOGY PROTOTYPE PROJECTS: DISPLAY

13 OF BUDGET INFORMATION.—Section 4421 of 

14 title 10, United States Code. 

15 (C) ASSESSING CAPABILITIES TO COUNTER

16 ADVERSARY USE OF RANSOMWARE, CAPABILI17 TIES, AND INFRASTRUCTURE.—Section 1510 of 

18 the National Defense Authorization Act for Fis19 cal Year 2022 (117–81; 135 Stat. 2036). 

20 (D) SEPARATE PROGRAM ELEMENTS RE21 QUIRED FOR RESEARCH AND DEVELOPMENT OF

22 JOINT LIGHT TACTICAL VEHICLE..—Section 213 

23 of the Ike Skelton National Defense Authoriza24 tion Act for Fiscal Year 2011 (Public Law 

25 111–383; 10 U.S.C. 221 note). 


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1 (E) SEPARATE PROGRAM ELEMENTS RE2 QUIRED FOR RESEARCH AND DEVELOPMENT OF

3 INDIVIDUAL BODY ARMOR AND ASSOCIATED

4 COMPONENTS.—Section 216 of the National 

5 Defense Authorization Act for Fiscal Year 2010 

6 (Public Law 111–84; 10 U.S.C. 221 note). 

7 (F) SEPARATE PROCUREMENT AND RE8 SEARCH, DEVELOPMENT, TEST, AND EVALUA9 TION LINE ITEMS AND PROGRAM ELEMENTS

10 FOR THE F-35B AND F-35C JOINT STRIKE

11 FIGHTER AIRCRAFT.—Section 217 of the Na12 tional Defense Authorization Act for Fiscal 

13 Year 2010 (Public Law 111–84; 10 U.S.C. 221 

14 note). 

15 (G) SEPARATE PROGRAM ELEMENTS RE16 QUIRED FOR SIGNIFICANT SYSTEMS DEVELOP17 MENT AND DEMONSTRATION PROJECTS FOR AR18 MORED SYSTEMS MODERNIZATION PROGRAM.— 

19 Section 214 of the National Defense Authoriza20 tion Act for Fiscal Year 2006 (Public Law 

21 109–163; 10 U.S.C. 221 note). 

22 (H) BALLISTIC MISSILE DEFENSE PRO23 GRAMS: PROGRAM ELEMENTS.—Section 223 of 

24 title 10, United States Code. 


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1 (I) ACQUISITION ACCOUNTABILITY RE2 PORTS ON THE BALLISTIC MISSILE DEFENSE

3 SYSTEM.—Section 225 of title 10, United 

4 States Code. 

5 (J) PROGRAMS FOR COMBATING TER6 RORISM: DISPLAY OF BUDGET INFORMATION.— 

7 Section 229 of title 10, United States Code. 

8 (K) POW/MIA ACTIVITIES: DISPLAY OF

9 BUDGET INFORMATION.—Section 234 of title 

10 10, United States Code. 

11 (L) PERSONAL PROTECTION EQUIPMENT

12 PROCUREMENT: DISPLAY OF BUDGET INFORMA13 TION.—Section 236 of title 10, United States 

14 Code. 

15 (M) EMBEDDED MENTAL HEALTH PRO16 VIDERS OF THE RESERVE COMPONENTS: DIS17 PLAY OF BUDGET INFORMATION.—Section 237 

18 of title 10, United States Code. 

19 (N) CYBER MISSION FORCES: PROGRAM

20 ELEMENTS.—Section 238 of title 10, United 

21 States Code. 

22 (O) CERTAIN INTELLIGENCE-RELATED

23 PROGRAMS: BUDGET JUSTIFICATION MATE24 RIALS.—Section 239b of title 10, United States 

25 Code. 


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1 (P) COOPERATIVE BALLISTIC MISSILE DE2 FENSE PROGRAM.—Section 233 of the National 

3 Defense Authorization Act for Fiscal Year 1998 

4 (Public Law 105–85; 10 U.S.C. 221 note). 

5 (Q) BUDGETING OF DEPARTMENT OF DE6 FENSE RELATING TO OPERATIONAL ENERGY IM7 PROVEMENT.—Section 322 of the William M. 

8 (Mac) Thornberry National Defense Authoriza9 tion Act for Fiscal Year 2021 (Public Law 

10 116–283; 10 U.S.C. 221 note). 

11 (R) BUDGETING OF DEPARTMENT OF DE12 FENSE RELATING TO EXTREME WEATHER.— 

13 Section 328 of the National Defense Authoriza14 tion Act for Fiscal Year 2020 (Public Law 

15 116–92; 10 U.S.C. 221 note). 

16 (S) SYSTEM MANAGEMENT PLAN AND MA17 TRIX FOR THE F-35 JOINT STRIKE FIGHTER

18 AIRCRAFT PROGRAM.—Section 122 of the Ike 

19 Skelton National Defense Authorization Act for 

20 Fiscal Year 2011 (Public Law 111–383; 124 

21 Stat. 4157). 

22 (T) SEPARATE PROCUREMENT LINE ITEMS

23 FOR FUTURE COMBAT SYSTEMS PROGRAM.— 

24 Section 111 of the Duncan Hunter National 


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1 Defense Authorization Act for Fiscal Year 2009 

2 (Public Law 110–417; 10 U.S.C. 221 note). 

3 (U) SEPARATE PROCUREMENT AND RE4 SEARCH, DEVELOPMENT, TEST, AND EVALUA5 TION LINE ITEMS AND PROGRAM ELEMENTS

6 FOR SKY WARRIOR UNMANNED AERIAL SYSTEMS

7 PROJECT.—Section 214 of the Duncan Hunter 

8 National Defense Authorization Act for Fiscal 

9 Year 2009 (Public Law 110–417; 10 U.S.C. 

10 221 note). 

11 (V) REQUIREMENT FOR SEPARATE DIS12 PLAY OF BUDGETS FOR AFGHANISTAN AND

13 IRAQ.—Section 1502 of the Duncan Hunter 

14 National Defense Authorization Act for Fiscal 

15 Year 2009 (Public Law 110–417; 10 U.S.C. 

16 221 note). 

17 (2) CLERICAL AMENDMENTS.—(A) The table of 

18 sections at the beginning of subchapter II of chapter 

19 327 of title 10, United States Code, is amended by 

20 striking the item related to section 4421. 

21 (B) The table of sections at the beginning of 

22 chapter 9 of title 10, United States Code, is amend23 ed by striking the items related to sections 223, 225, 

24 229, 234, 236, 237, 238, and 239b. 

Æ 


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