609 
rective described in section 1044c(b) of title 10, United 
States Code, and a military testamentary instrument de-
scribed in section 1044d(b) of such title, that explicitly 
specifies the use of their cryopreserved and stored gametes 
if such member dies or otherwise loses the capacity to con-
sent to the use of their cryopreserved and stored gametes. 
(d) AGREEMENTS.—To carry out this section, the 
Secretary may enter into agreements with private entities 
that provide cryopreservation and storage services for 
gametes. 
SEC. 723. ENCOURAGEMENT OF PARTICIPATION IN WOM-
EN’S HEALTH TRANSITION TRAINING PILOT 
PROGRAM. 
(a) ENCOURAGEMENT OF PARTICIPATION.—The Sec-
retaries of the military departments shall encourage fe-
male members of the Armed Forces who are separating 
or retiring from the Armed Forces during fiscal year 2020 
to participate in the Women’s Health Transition Training 
pilot program (in this section referred to as the ‘‘pilot pro-
gram’’) administered by the Secretary of Veterans Affairs. 
(b) SELECTION.—Each Secretary of a military de-
partment shall select at least one location at which the 
pilot program is offered and encourage participation in the 
pilot program at such location.
610 
(c) REPORT.—Not later than September 30, 2020, 
the Secretary of Defense, in consultation with the Sec-
retary of Veterans Affairs, shall submit to the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives and the Committees on Veterans’ Affairs of 
the Senate and House of Representatives a report on the 
pilot program that includes the following: 
(1) For the period since the commencement of 
the pilot program— 
(A) the number of courses held under the 
pilot program; 
(B) the locations at which such courses 
were held; and 
(C) for each location identified in subpara-
graph (B)— 
(i) the number of female members by 
military department (with respect to De-
partment of the Navy, separately for the 
Navy and Marine Corps) who participated 
in the pilot program; and 
(ii) the number of seats available 
under the pilot program. 
(2) Data relating to— 
(A) satisfaction with courses held under 
the pilot program;
611 
(B) improved awareness of health care 
services administered by the Secretary of Vet-
erans Affairs; and 
(C) any other available statistics regarding 
the pilot program. 
(3) A discussion of regulatory, legal, or resource 
barriers to— 
(A) making the pilot program permanent 
to enable access by a greater number of female 
members at locations throughout the United 
States; 
(B) offering the pilot program online for 
female members who are unable to attend 
courses held under the pilot program in person; 
and 
(C) providing for automatic enrollment of 
participants in the pilot program in the patient 
enrollment system of the Department of Vet-
erans Affairs established and operated under 
section 1705 of title 38, United States Code. 
SEC. 724. NATIONAL GUARD SUICIDE PREVENTION PILOT 
PROGRAM. 
(a) PILOT PROGRAM AUTHORIZED.—The Chief of 
the National Guard Bureau may carry out a pilot program 
to expand suicide prevention and intervention efforts at
612 
the community level through the use of a mobile applica-
tion that provides the capability for a member of the Na-
tional Guard to receive prompt support, including access 
to a behavioral health professional, on a smartphone, tab-
let computer, or other handheld mobile device. 
(b) ELEMENTS.—The pilot program shall include, 
subject to such conditions as the Secretary may pre-
scribe— 
(1) the use by members of the National Guard 
of an existing mobile application that provides the 
capability described in subsection (a); or 
(2) the development and use of a new mobile 
application that provides such capability. 
(c) ELIGIBILITY
AND
PARTICIPATION
REQUIRE-
MENTS.—The Chief of the National Guard Bureau shall 
establish requirements with respect to eligibility and par-
ticipation in the pilot program. 
(d) ASSESSMENT PRIOR TO PILOT PROGRAM COM-
MENCEMENT.—Prior to commencement of the pilot pro-
gram, the Chief of the National Guard Bureau shall— 
(1) conduct an assessment of existing preven-
tion and intervention efforts of the National Guard 
in each State that include the use of mobile applica-
tions that provide the capability described in sub-
section (a) to determine best practices for providing
613 
immediate and localized care through the use of 
such mobile applications; and 
(2) determine the feasibility of expanding exist-
ing programs on a national scale. 
(e) RESPONSIBILITIES OF ENTITIES PARTICIPATING 
IN PILOT PROGRAM.—Each entity that participates in the 
pilot program shall— 
(1) share best practices with other entities par-
ticipating in the program; and 
(2) annually assess outcomes with respect to 
members of the National Guard. 
(f) TERM.—The pilot program shall terminate on the 
date that is three years after the date on which the pilot 
program commenced. 
(g) REPORTS.— 
(1) INITIAL REPORT.—If the Chief of the Na-
tional Guard Bureau commences the pilot program 
authorized under subsection (a), not later than 180 
days after the date of the commencement of such 
program, the Chief shall submit to the Committees 
on Armed Services of the Senate and the House of 
Representatives a report containing a description of 
the pilot program and such other matters as the 
Chief considers appropriate. 
(2) FINAL REPORT.—
614 
(A) IN
GENERAL.—Not later than 180 
days after the termination of the pilot program, 
the Chief of the National Guard Bureau shall 
submit to the Committees on Armed Services of 
the Senate and the House of Representatives a 
report on such pilot program. 
(B) MATTERS
INCLUDED.—The report 
under subparagraph (A) shall include the fol-
lowing: 
(i) A description of the pilot program, 
including any partnerships entered into by 
the Chief of the National Guard Bureau 
under the program. 
(ii) An assessment of the effectiveness 
of the pilot program. 
(iii) A description of costs associated 
with the implementation of the pilot pro-
gram. 
(iv) The estimated costs of making 
the pilot program permanent. 
(v) A recommendation as to whether 
the pilot program should be extended or 
made permanent. 
(vi) Such other recommendations for 
legislative or administrative action as the
615 
Chief of the National Guard Bureau con-
siders appropriate. 
(h) FUNDING.— 
(1) INCREASE.—Notwithstanding the amounts 
set forth in the funding tables in division D, the 
amount authorized to be appropriated in section 301 
for operation and maintenance, as specified in the 
corresponding funding table in section 4301, for op-
eration and maintenance, Defense-wide, administra-
tive and service-wide activities, Office of the Sec-
retary of Defense, line 460 is hereby increased by 
$5,000,000 (with the amount of such increase to be 
made available for the Defense Suicide Prevention 
Office and National Guard suicide prevention pilot 
program under this section). 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 101 for pro-
curement, as specified in the corresponding funding 
table in section 4101, for shipbuilding and conver-
sion, Navy, ship to shore connector, line 024 is here-
by reduced by $5,000,000. 
(i) STATE DEFINED.—In this section, the term 
‘‘State’’ means each of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, American
616 
Samoa, Guam, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands. 
SEC. 725. REPORTS ON SUICIDE AMONG MEMBERS OF THE 
ARMED FORCES. 
(a) REPORTS.—Not later than 90 days after the date 
of the enactment of this Act, and annually thereafter 
through January 31, 2021, the Secretary of Defense shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a report on suicide 
among members of the Armed Forces during the year pre-
ceding the date of the report. 
(b) MATTERS INCLUDED.—Each report under sub-
section (a) shall include the following with respect to the 
year covered by the report: 
(1) The number of suicides, attempted suicides, 
and occurrences of suicidal ideation involving a 
member of the Armed Forces, including the reserve 
components thereof, listed by Armed Force. 
(2) The number of suicides, attempted suicides, 
or suicidal ideation identified under paragraph (1) 
that occurred during each of the following periods: 
(A) The first 180 days of the member 
serving in the Armed Forces. 
(B) The period in which the member is de-
ployed in support of a contingency operation.
617 
(3) With respect to the number of suicides, at-
tempted suicides, or suicidal ideation identified 
under paragraph (2)(A), the initial recruit training 
location of the member. 
(4) The number of suicides involving a depend-
ent of a member. 
(5) A description of any research collaborations 
and data sharing by the Department of Defense with 
the Department of Veterans Affairs, other depart-
ments or agencies of the Federal Government, aca-
demic institutions, or nongovernmental organiza-
tions. 
(6) Identification of a research agenda for the 
Department of Defense to improve the evidence base 
on effective suicide prevention treatment and risk 
communication. 
(7) The availability and usage of the assistance 
of chaplains, houses of worship, and other spiritual 
resources for members of the Armed Forces who 
identify as religiously affiliated and have attempted 
suicide, have suicidal ideation, or are at risk of sui-
cide, and metrics on the impact these resources have 
in assisting religiously-affiliated members who have 
access to and utilize them compared to religiously- 
affiliated members who do not.
618 
(8) A description of the effectiveness of the 
policies developed pursuant to section 567 of the 
Carl Levin and Howard P. ‘‘Buck’’ McKeon Na-
tional Defense Authorization Act for Fiscal Year 
2015 (Public Law 113–291; 10 U.S.C. 1071 note) 
and section 582 of the National Defense Authoriza-
tion Act for Fiscal Year 2013 (Public Law 112–239; 
10 U.S.C. 1071 note), including with respect to— 
(A) metrics identifying effective treatment 
modalities for members of the Armed Forces 
who are at risk for suicide (including any clin-
ical interventions involving early identification 
and treatment of such members); 
(B) metrics for the rate of integration of 
mental health screenings and suicide risk and 
prevention for members during the delivery of 
primary care for such members; 
(C) metrics relating to the effectiveness of 
suicide prevention and resilience programs and 
preventative behavioral health programs of the 
Department of Defense (including those of the 
military departments and the Armed Forces); 
and 
(D) metrics evaluating the training stand-
ards for behavioral health care providers to en-
619 
sure that such providers have received training 
on clinical best practices and evidence-based 
treatments. 
SEC. 726. STUDY ON MILITARY-CIVILIAN INTEGRATED 
HEALTH DELIVERY SYSTEMS. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on the use of local integrated military-civilian inte-
grated health delivery systems pursuant to section 706 of 
the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 10 U.S.C. 1096 note). The 
study shall examine the following: 
(1) Geographic locations where military medical 
treatment facilities have existing contractual rela-
tionships with local civilian health care networks, in-
cluding Fort Drum, New York, Joint Base McGuire- 
Dix-Lakehurst, New Jersey, Joint Base Lewis- 
McCord, Washington, Fort Leonard Wood, Missouri, 
Elmendorf Air Force Base, Alaska, Fort Sill, Okla-
homa, Tripler Army Medical Center, Hawaii, the 
National Capital Region, and similar locations. 
(2) Health care activities that promote value- 
based care, measurable health outcomes, patient 
safety, timeliness of referrals, and transparent com-
munication with covered beneficiaries.
620 
(3) Locations where health care providers of the 
Department of Defense may be able to attain critical 
wartime readiness skills in a local integrated mili-
tary-civilian integrated health delivery system. 
(4) The cost of providing care under an inte-
grated military-civilian integrated health delivery 
system as compared to health care provided by a 
managed care support contractor. 
(b) SUBMISSION.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
House of Representatives and the Senate a report on the 
results of the study under subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered beneficiaries’’ has the 
meaning given that term in section 1072 of title 10, 
United States Code. 
(2) The term ‘‘National Capital Region’’ has 
the meaning given that term in section 2674 of title 
10, United States Code. 
SEC. 727. STUDY ON CASE MANAGEMENT AT MILITARY 
MEDICAL TREATMENT FACILITIES. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on the effectiveness of case management practices
621 
at military medical treatment facilities. The study shall 
include the following: 
(1) A standardized definition of case manage-
ment. 
(2) An evaluation of case management practices 
provided by the military departments before and 
during the transition of the administration of mili-
tary medical treatment facilities to the Defense 
Health Agency pursuant to section 1073c of title 10, 
United States Code. 
(3) A discussion of the metrics involved with 
determining the effectiveness of case management 
and the cost of case management. 
(4) A review of case management best practices 
in the private sector, including with respect to— 
(A) the intervals at which patients should 
be contacted; 
(B) the role of the case manager in coordi-
nation; 
(C) the approximate number of patients 
managed by a case manager; and 
(D) any other best practices relating to 
case management that would improve the expe-
rience of care within the military health system.
622 
(5) The results of a discussion with covered 
beneficiaries (as defined in section 1072 of title 10, 
United States Code) in a public forum on case man-
agement in military medical treatment facilities ad-
ministered by the Defense Health Agency. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
House of Representatives and the Senate a report on the 
results of the study under subsection (a). 
SEC. 728. STUDY ON INFERTILITY AMONG MEMBERS OF 
THE ARMED FORCES. 
(a) STUDY.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
House of Representatives and the Senate a study on the 
incidence of infertility among members of the Armed 
Forces, including the reserve components thereof. 
(b) MATTERS INCLUDED.—The study shall include 
the following: 
(1) The number of members of the Armed 
Forces serving as of the date of the study who are 
diagnosed with common causes of infertility, such as 
polycystic ovary syndrome, pelvic inflammatory dis-
ease, uterine fibroids, endometriosis, sexually trans-
623 
mitted disease, testicular disorders, and male endo-
crine disorders. 
(2) The number of members serving as of the 
date of the study whose infertility has no known 
cause. 
(3) The incidence of miscarriage among women 
members, listed by Armed Force and military occu-
pation. 
(4) A comparison of the rates of infertility and 
miscarriage in the Armed Forces to such rates in 
the civilian population, as reported by the Centers 
for Disease Control and Prevention. 
(5) Demographic information of the members 
described in paragraphs (1), (2), and (3), include 
with respect to race, ethnicity, sex, age, military oc-
cupation, and possible exposures during military 
service to hazardous elements such as chemical and 
biologic agents. 
(6) An assessment of the ease or delay for 
members in obtaining treatment for infertility, in-
cluding in vitro fertilization, including— 
(A) the wait times at each military medical 
treatment facility that has community partner-
ships to provide in vitro fertilization;
624 
(B) the number of members described in 
paragraph (1) who are candidates for in vitro 
fertilization or other infertility treatments but 
cannot obtain such treatments because of the 
location at which the member is stationed or 
the duties of the member; and 
(C) a discussion of the reasons members 
cease seeking such treatments through the mili-
tary health system. 
(7) Criteria used by the Secretary to determine 
service connection for infertility, including whether 
screenings for levels of toxins are undertaken when 
the cause of infertility cannot be determined. 
(8) The policy of the Department of Defense, 
as of the date of the study, for ensuring geographic 
stability during treatment of women members under-
going in vitro fertilization for either service-con-
nected or non-service-connected infertility. 
SEC. 729. ALLOWING CLAIMS AGAINST THE UNITED STATES 
FOR INJURY AND DEATH OF MEMBERS OF 
THE ARMED FORCES CAUSED BY IMPROPER 
MEDICAL CARE. 
(a) IN GENERAL.—Chapter 171 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing:
625 
‘‘§ 2681. Claims against the United States for injury 
and death of members of the Armed 
Forces of the United States 
‘‘(a) A claim may be brought against the United 
States under this chapter for damages relating to the per-
sonal injury or death of a member of the Armed Forces 
of the United States arising out of a negligent or wrongful 
act or omission in the performance of medical, dental, or 
related health care functions (including clinical studies 
and investigations) that is provided at a covered military 
medical treatment facility by a person acting within the 
scope of the office or employment of that person by or 
at the direction of the Government of the United States. 
‘‘(b) A claim under this section shall not be reduced 
by the amount of any benefit received under subchapter 
III (relating to Servicemembers’ Group Life Insurance) of 
chapter 19 of title 38. 
‘‘(c) Notwithstanding section 2401(b), a claim 
brought under this section shall have a three-year statute 
of limitations beginning on the date the claimant discov-
ered or by reasonable diligence should have discovered the 
injury and the cause of the injury. 
‘‘(d) For purposes of claims brought under this sec-
tion— 
‘‘(1) subsections (j) and (k) of section 2680 do 
not apply; and
626 
‘‘(2) in the case of an act or omission occurring 
outside the United States, the law of the place where 
the act or omission occurred shall be deemed to be 
the law of the State of domicile of the claimant. 
‘‘(e) In this section, the term ‘covered military med-
ical treatment facility’ means the facilities described in 
subsections (b), (c), and (d) of section 1073d of title 10, 
regardless of whether the facility is located in or outside 
the United States. The term does not include battalion 
aid stations or other medical treatment locations deployed 
in an area of armed conflict. 
‘‘(f) Not later than two years after the date of the 
enactment of this section, and every two years thereafter, 
the Secretary of Defense shall submit to Congress a report 
on the number of claims filed under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 171 of title 28, United States Code, is amend-
ed by adding at the end the following: 
‘‘2681. Claims against the United States for injury and death of members of 
the Armed Forces of the United States.’’. 
(c) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall apply to— 
(1) a claim filed on or after the date of the en-
actment of this Act; and 
(2) a claim that—
627 
(A) is pending as of the date of the enact-
ment of this Act; and 
(B) arises from an incident occurring not 
more than two years before the claim was filed. 
(d) RULE OF CONSTRUCTION.—Nothing in this Act 
or the amendments made by this Act shall be construed 
to limit the application of the administrative process and 
procedures of chapter 171 of title 28, United States Code, 
to claims permitted under section 2681 of such chapter, 
as amended by this section. 
SEC. 730. STUDY ON EXTENDING PARENT’S LEVEL OF 
TRICARE HEALTH COVERAGE TO NEWBORN 
CHILD. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on extending a parent’s level of TRICARE health 
coverage to the newborn child of the parent. 
(b) COORDINATION.—In conducting the study under 
subsection (a), the Secretary shall, with respect to mem-
bers of the Coast Guard, coordinate with the Secretary 
of the Department in which the Coast Guard is operating 
when it is not operating as a service in the Department 
of the Navy. 
(c) ELEMENTS.—In conducting the study under sub-
section (a), the Secretary shall study—
628 
(1) the feasibility and the cost of automatically 
extending the parent’s level of TRICARE coverage 
to the newborn child for the remainder of the first 
year of the child’s life after the first 90 days; and 
(2) the current notification system for parents 
to change their children’s health care plan during 
the first 90 days of the newborn’s life. 
(d) SUBMISSION.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary shall sub-
mit to the congressional defense committees a report on 
the study conducted under subsection (a). 
SEC. 731. REPORT ON GLOBAL HEALTH SECURITY STRAT-
EGY AND THE NATIONAL BIODEFENSE SECU-
RITY. 
(a) REPORT.—Not later than 180 days after the date 
on which the Comptroller General of the United States 
publishes a review of the National Biodefense Strategy, 
the Secretary of Defense shall submit to the appropriate 
congressional committees a report on the implementation 
of the Global Health Security Strategy and the National 
Biodefense Strategy. 
(b) ELEMENTS.—The report under subsection (a) 
shall, at a minimum— 
(1) designate the individual and offices respon-
sible for overseeing the implementation of each
629 
strategy referred to in subsection (a) within the De-
partment of Defense; 
(2) detail actions that the Department is taking 
to support implementation of the Global Health Se-
curity Agenda; 
(3) detail actions taken to coordinate the efforts 
of the Department with the other agencies respon-
sible for the Global Health Security Strategy and 
National Biodefense Strategy; and 
(4) with respect to the review of the National 
Biodefense Strategy conducted by the Comptroller 
General— 
(A) detail the recommendations in the re-
view that the Secretary plans on or is currently 
implementing; 
(B) specify the official implementing such 
recommendations and the actions the official is 
taking to implement the recommendations; 
(C) specify the recommendations in the re-
view that the Secretary has determined not to 
implement; and 
(D) explain the rationale of the Secretary 
with respect to not implementing such rec-
ommendations.
630 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional defense committees; 
(2) the Committee on Foreign Affairs and the 
Committee on Energy and Commerce of the House 
of Representatives; and 
(3) the Committee on Foreign Relations and 
the Committee on Health, Education, Labor, and 
Pensions of the Senate. 
SEC. 732. REPORT ON MENTAL HEALTH ASSESSMENTS. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall submit to the Committee on 
Armed Services and the Committee on Veterans’ Affairs 
of the Senate and the Committee on Armed Services and 
the Committee on Veterans’ Affairs of the House of Rep-
resentatives a publicly available report on the Department 
of Defense’s implementation section 1074n of title 10, 
United States Code. The report shall include the following: 
(1) An evaluation of the implementation of such 
section across the Armed Forces. 
(2) An evaluation of the efficacy of the mental 
health assessments under such section in helping to
631 
identify mental health conditions among members of 
the Armed Forces in order to prevent suicide. 
(3) An evaluation of the tools and processes 
used to provide the annual mental health assess-
ments of members of the Armed Forces conducted 
pursuant to such section. 
(4) An analysis of how lessons learned from the 
annual mental health assessments can be used with-
in the Department of Veterans Affairs to prevent 
veteran suicide. 
(5) An analysis of potential policy options to 
improve the monitoring and reporting required and 
to achieve a more robust implementation of such 
section. 
(6) Such other information as the Comptroller 
General determines appropriate. 
(b) INTERIM BRIEFING.—Not later than March 1, 
2020, the Comptroller General shall provide to the Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
a briefing on the topics to be covered by the report under 
subsection (a), including and preliminary data and any 
issues or concerns of the Comptroller General relating to 
the report.
632 
(c) ACCESS TO RELEVANT DATA.—For purposes of 
this section, the Secretary of Defense shall ensure that 
the Comptroller General has access to all relevant data. 
SEC. 733. STUDY AND REPORT ON MENTAL HEALTH AS-
SESSMENTS FOR MEMBERS OF THE ARMED 
FORCES DEPLOYED IN SUPPORT OF A CON-
TINGENCY OPERATION. 
(a) STUDY.—Each Secretary concerned, with respect 
to the military department concerned, shall conduct a 
study on the mental health assessments provided to mem-
bers of the Armed Forces deployed in connection with a 
contingency operation. 
(b) ELEMENTS.—The study under subsection (a) 
shall include a discussion and evaluation of the following: 
(1) The mental health assessments provided 
under section 1074m of title 10, United States 
Code, including any written guidance prescribed by 
the Secretary of Defense or the Secretaries con-
cerned with respect to such mental health assess-
ments. 
(2) The extent to which waivers for mental 
health assessments are granted by the Secretary of 
Defense under subsection (a)(2) and (a)(3) of such 
section (as amended by this Act), and the most com-
mon reasons why such waivers are granted.
633 
(3) For each mental health assessment specified 
in subsection (a)(1) of such section, the effectiveness 
of such assessment with respect to the detection and 
initiation of treatment, when appropriate, of mem-
bers for behavioral health conditions. 
(4) With respect to a mental health assessment 
provided to members that is determined by the Sec-
retary concerned under paragraph (3) to have low 
effectiveness, the medical evidence supporting such 
determination. 
(5) The health impacts on members provided 
mental health assessments under such section, in-
cluding the extent to which such members— 
(A) are prescribed medication as a result 
of an assessment; 
(B) seek post-deployment treatment, other 
than treatment required under such section, for 
a behavioral health condition; and 
(C) commit suicide or engage in other 
harmful activities. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, each Secretary concerned 
shall submit to the congressional defense committees a re-
port containing the results of the study conducted under 
subsection (a).
634 
(d) SECRETARY CONCERNED.—In this section, the 
term ‘‘Secretary concerned’’ has the meaning given that 
term in section 101(a)(9) of title 10, United States Code. 
SEC. 734. EDUCATION ON FAMILY PLANNING FOR MEM-
BERS OF THE ARMED FORCES. 
(a) EDUCATION PROGRAMS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense, in consultation with the Secretary 
of the Department in which the Coast Guard is op-
erating, shall establish a uniform standard cur-
riculum to be used in education programs on family 
planning for all members of the Armed Forces, in-
cluding both men and women members. Such edu-
cation programs shall be provided to members as fol-
lows: 
(A) During the first year of service of the 
member. 
(B) At such other times as each Secretary 
of a military department determines appro-
priate. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that the education programs under para-
graph (1) should be evidence-informed and use the 
latest technology available to efficiently and effec-
635 
tively deliver information to members of the Armed 
Forces. 
(b) ELEMENTS.—The uniform standard curriculum 
under subsection (a) shall include the following: 
(1) Information for members of the Armed 
Forces on active duty to make informed decisions re-
garding family planning. 
(2) Information about the prevention of unin-
tended pregnancy and sexually transmitted infec-
tions, including human immunodeficiency virus 
(commonly known as ‘‘HIV’’). 
(3) Information on— 
(A) the importance of providing com-
prehensive family planning for members, includ-
ing commanding officers; and 
(B) the positive impact family planning 
can have on the health and readiness of the 
Armed Forces. 
(4) Current, medically accurate information. 
(5) Clear, user-friendly information on— 
(A) the full range of methods of contracep-
tion approved by the Food and Drug Adminis-
tration; and 
(B) where members can access their cho-
sen method of contraception.
636 
(6) Information on all applicable laws and poli-
cies so that members are informed of their rights 
and obligations. 
(7) Information on patients’ rights to confiden-
tiality. 
(8) Information on the unique circumstances 
encountered by members and the effects of such cir-
cumstances on the use of contraception. 
SEC. 735. FUNDING FOR CDC ATSDR PFAS HEALTH STUDY 
INCREMENT. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 1405 for the De-
fense Health Program, as specified in the corresponding 
funding table in section 4501, for the CDC ATSDR PFAS 
health study increment is hereby increased by $5,000,000. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 301 for Operation and Main-
tenance, Admin and Service-wide Activities, line 460, Of-
fice of the Secretary of Defense, as specified in the cor-
responding funding table in section 4301, is hereby re-
duced by $5,000,000.
637 
SEC. 736. SENSE OF THE HOUSE OF REPRESENTATIVES ON 
INCREASING RESEARCH AND DEVELOPMENT 
IN BIOPRINTING AND FABRICATION IN AUS-
TERE MILITARY ENVIRONMENTS. 
It is the sense of the House of Representatives that 
the Defense Health Agency should take appropriate ac-
tions to increase efforts focused on research and develop-
ment in the areas of bioprinting and fabrication in austere 
military environments. 
SEC. 737. INCREASED COLLABORATION WITH NIH TO COM-
BAT TRIPLE NEGATIVE BREAST CANCER. 
(a) IN GENERAL.—The Office of Health of the De-
partment of Defense shall work in collaboration with the 
National Institutes of Health to— 
(1) identify specific genetic and molecular tar-
gets and biomarkers for triple negative breast can-
cer; and 
(2) provide information useful in biomarker se-
lection, drug discovery, and clinical trials design that 
will enable both— 
(A) triple negative breast cancer patients 
to be identified earlier in the progression of 
their disease; and 
(B) the development of multiple targeted 
therapies for the disease.
638 
(b) FUNDING.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated by section 1405 for the De-
fense Health Program, as specified in the corresponding 
funding tables in division D, is hereby increased by 
$10,000,000 to carry out subsection (a). 
(c) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated for operation and maintenance, De-
fense-wide, as specified in the corresponding funding table 
in section 4301, for Operation and Maintenance, Defense- 
wide is hereby reduced by $10,000,000. 
SEC. 738. FUNDING FOR POST-TRAUMATIC STRESS DIS-
ORDER. 
(a) FUNDING.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated by section 1405 for the De-
fense Health Program, as specified in the corresponding 
funding table in such division, is hereby increased by 
$2,500,000 for post-traumatic stress disorder. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated for operation and maintenance, De-
fense-wide, as specified in the corresponding funding table
639 
in section 4301, for Operation and Maintenance, Defense- 
wide is hereby reduced by $2,500,000. 
SEC. 739. STUDY ON READINESS CONTRACTS AND THE PRE-
VENTION OF DRUG SHORTAGES. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on the effectiveness of readiness contracts man-
aged by the Customer Pharmacy Operations Center of the 
Defense Logistics Agency in meeting the military’s drug 
supply needs. The study shall include an analysis of how 
the contractual approach to manage drug shortages for 
military health care can be a model for responding to drug 
shortages in the civilian health care market in the United 
States. 
(b) CONSULTATION.—In conducting the study under 
subsection (a), the Secretary of Defense shall consult 
with— 
(1) the Secretary of Veterans Affairs; 
(2) the Commissioner of Food and Drugs and 
the Administrator of the Drug Enforcement Admin-
istration; and 
(3) physician organizations, drug manufactur-
ers, pharmacy benefit management organizations, 
and such other entities as the Secretary determines 
appropriate.
640 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report on the results of the 
study under subsection (a) and any conclusions and rec-
ommendations of the Secretary relating to such study. 
SEC. 740. UPDATE OF DEPARTMENT OF DEFENSE REGULA-
TIONS, INSTRUCTIONS, AND OTHER GUID-
ANCE TO INCLUDE GAMBLING DISORDER. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretaries of the military 
departments, shall update all regulations, instructions, 
and other guidance of the Department of Defense and the 
military departments with respect to behavioral health to 
explicitly include gambling disorder. In carrying out this 
subsection, the Secretary shall implement the rec-
ommendations of the Comptroller General of the United 
States numbered 2 through 6 in the report by the Comp-
troller General titled ‘‘Military Personnel: DOD and the 
Coast Guard Need to Screen for Gambling Disorder Ad-
diction and Update Guidance’’ (numbered GAO–17–114). 
(b) MILITARY DEPARTMENTS DEFINED.—In this 
section, the term ‘‘military departments’’ has the meaning 
given that term in section 101(8) of title 10, United States 
Code.
641 
SEC. 741. FINDINGS ON MUSCULOSKELETAL INJURIES. 
Congress finds the following: 
(1) Musculoskeletal injuries among active duty 
soldiers result in over 10 million limited duty days 
each year and account for over 70% of the medically 
non-deployable population, extremity injury accounts 
for 79% of reported trauma cases in theater, and 
service members experience anterior cruciate liga-
ment (ACL) injuries at 10 times the rate of the gen-
eral population. 
(2) Congress recognizes the important work of 
the Naval Advanced Medical Research Unit in 
Wound Care Research and encourages continued de-
velopment of innovations for the Warfighter, espe-
cially regarding these tendon and ligament injuries 
that prevent return to duty for extended periods of 
time. 
SEC. 742. WOUNDED WARRIOR SERVICE DOG PROGRAM. 
(a) GRANTS AUTHORIZED.—Subject to the avail-
ability of appropriations provided for such purpose, the 
Secretary of Defense shall establish a program, to be 
known as the ‘‘Wounded Warrior Service Dog Program’’, 
to award competitive grants to nonprofit organizations to 
assist such organizations in the planning, designing, estab-
lishing, or operating (or any combination thereof) of pro-
grams to provide assistance dogs to covered members.
642 
(b) USE OF FUNDS.— 
(1) IN
GENERAL.—The recipient of a grant 
under this section shall use the grant to carry out 
programs that provide assistance dogs to covered 
members who have a disability described in para-
graph (2). 
(2) DISABILITY.—A disability described in this 
paragraph is any of the following: 
(A) Blindness or visual impairment. 
(B) Loss of use of a limb, paralysis, or 
other significant mobility issues. 
(C) Loss of hearing. 
(D) Traumatic brain injury. 
(E) Post-traumatic stress disorder. 
(F) Any other disability that the Secretary 
of Defense considers appropriate. 
(3) TIMING OF AWARD.—The Secretary of De-
fense may not award a grant under this section to 
reimburse a recipient for costs previously incurred 
by the recipient in carrying out a program to provide 
assistance dogs to covered members unless the re-
cipient elects for the award to be such a reimburse-
ment. 
(c) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a nonprofit organization shall submit
643 
an application to the Secretary of Defense at such time, 
in such manner, and containing such information as the 
Secretary may require. Such application shall include— 
(1) a proposal for the evaluation required by 
subsection (d); and 
(2) a description of— 
(A) the training that will be provided by 
the organization to covered members; 
(B) the training of dogs that will serve as 
assistance dogs; 
(C) the aftercare services that the organi-
zation will provide for such dogs and covered 
members; 
(D) the plan for publicizing the availability 
of such dogs through a targeted marketing 
campaign to covered members; 
(E) the recognized expertise of the organi-
zation in breeding and training such dogs; 
(F) the commitment of the organization to 
humane standards for animals; and 
(G) the experience of the organization with 
working with military medical treatment facili-
ties; and 
(3) a statement certifying that the organiza-
tion—
644 
(A) is accredited by Assistance Dogs Inter-
national, the International Guide Dog Federa-
tion, or another similar widely recognized ac-
creditation organization that the Secretaries de-
termine has accreditation standards that meet 
or exceed the standards of Assistance Dogs 
International and the International Guide Dog 
Federation; or 
(B) is a candidate for such accreditation or 
otherwise meets or exceeds such standards, as 
determined by the Secretary of Defense. 
(d) EVALUATION.—The Secretary of Defense shall 
require each recipient of a grant to use a portion of the 
funds made available through the grant to conduct an 
evaluation of the effectiveness of the activities carried out 
through the grant by such recipient. 
(e) DEFINITIONS.—In this section: 
(1) ASSISTANCE
DOG.—The term ‘‘assistance 
dog’’ means a dog specifically trained to perform 
physical tasks to mitigate the effects of a disability 
described in subsection (b)(2), except that the term 
does not include a dog specifically trained for com-
fort or personal defense.
645 
(2) COVERED
MEMBER.—The term ‘‘covered 
member’’ means a member of the Armed Forces who 
is— 
(A) receiving medical treatment, recuper-
ation, or therapy under chapter 55 of title 10, 
United States Code; 
(B) in medical hold or medical holdover 
status; or 
(C) covered under section 1202 or 1205 of 
title 10, United States Code. 
(f) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 1405 for Other Au-
thorizations, Defense Health Program, as specified in the 
corresponding funding table in section 4501, for Consoli-
dated Health Support is hereby increased by $11,000,000. 
(g) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 301 for Operations and 
Maintenance, as specified in the corresponding funding 
table in section 4301, for Operations and Maintenance, 
Defense-Wide, Line 460, Office of the Secretary of De-
fense is hereby reduced by $11,000,000.
646 
SEC. 743. NATIONAL CAPITAL CONSORTIUM PSYCHIATRY 
RESIDENCY PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) racial, gender, or other forms of discrimina-
tion or harassment should not be tolerated within 
the PRP; and 
(2) that PRP leadership should— 
(A) set the tone that such conduct is not 
acceptable; 
(B) ensure that all such complains are 
thoroughly investigated; 
(C) ensure that violators are held account-
able; 
(D) ensure that victims are protected, and 
not retaliated against; 
(E) maintain a workplace free from unlaw-
ful harassment and discrimination; 
(F) conduct regular workplace climate as-
sessments to assess the extent of discrimination 
or harassment in the PRP; and 
(G) provide refresher training, at least an-
nually, on acceptable standards of behavior for 
all involved in the PRP programs, including 
residents and ways to report or address dis-
647 
crimination, harassment, or other inappropriate 
behavior. 
(b) PRP DEFINED.—In this section, the term ‘‘PRP’’ 
means the National Capital Consortium Psychiatry Resi-
dency Program. 
SEC. 744. REPORT ON MEDICAL PROVIDERS AND MEDICAL 
MALPRACTICE INSURANCE. 
The Secretary of Defense shall submit to the congres-
sional defense committees a report identifying the number 
of medical providers employed by the Department of De-
fense who, before being employed by the Department, lost 
medical malpractice insurance coverage by reason of the 
insurer dropping the coverage. 
SEC. 745. INFORMATION FOR MEMBERS OF THE ARMED 
FORCES REGARDING AVAILABILITY OF SERV-
ICES AT THE DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) IN GENERAL.—The Secretary of Defense shall in-
form members of the Armed Forces, using mechanisms 
available to the Secretary, of the eligibility of such mem-
bers for services of the Department of Veterans Affairs. 
(b) INFORMATION FROM SEXUAL ASSAULT RE-
SPONSE COORDINATORS.—The Secretary shall insure that 
Sexual Assault Response Coordinators and uniformed vic-
tims advocates of the Department of Defense advise mem-
648 
bers of the Armed Forces who report instances of military 
sexual trauma regarding the eligibility of such members 
for services at the Department of Veterans Affairs and 
that this information be included in mandatory training 
materials. 
(c) MILITARY SEXUAL TRAUMA DEFINED.—In this 
section, the term ‘‘military sexual trauma’’ means psycho-
logical trauma described in section 1720D(a)(1) of title 
38, United States Code. 
SEC. 746. PILOT PROGRAM ON PARTNERSHIPS WITH CIVIL-
IAN ORGANIZATIONS FOR SPECIALIZED SUR-
GICAL TRAINING. 
(a) IN GENERAL.—The Secretary of Defense shall 
carry out a pilot program to establish one or more partner-
ships with public, private, and non-profit organizations 
and institutions to provide short-term specialized surgical 
training to advance the medical skills and capabilities of 
military medical providers. 
(b) DURATION.—The Secretary may carry out the 
pilot program under subsection (a) for a period of not 
more than three years. 
(c) EVALUATION METRICS.—Before commencing the 
pilot program under subsection (a), the Secretary shall es-
tablish metrics to be used to evaluate the effectiveness of 
the pilot program.
649 
(d) REPORTS.— 
(1) INITIAL REPORT.— 
(A) IN
GENERAL.—Not later than 180 
days before the commencement of the pilot pro-
gram under subsection (a), the Secretary shall 
submit to the Committees on Armed Services of 
the Senate and the House of Representatives a 
report on the pilot program. 
(B) ELEMENTS.—The report required by 
subparagraph (A) shall include a description of 
the pilot program, the evaluation metrics estab-
lished under subsection (c), and such other 
matters relating to the pilot program as the 
Secretary considers appropriate. 
(2) FINAL REPORT.— 
(A) IN
GENERAL.—Not later than 180 
days after the completion of the pilot program 
under subsection (a), the Secretary shall submit 
to the Committees on Armed Services of the 
Senate and the House of Representatives a re-
port on the pilot program. 
(B) ELEMENTS.—The report required by 
subparagraph (A) shall include the following: 
(i) A description of the pilot program, 
including 
the 
partnerships 
established
650 
under the pilot program as described in 
subsection (a). 
(ii) An assessment of the effectiveness 
of the pilot program. 
(iii) Such recommendations for legis-
lative or administrative action as the Sec-
retary considers appropriate in light of the 
pilot program, including recommendations 
for extending or making permanent the au-
thority for the pilot program. 
(e) FUNDING.— 
(1) INCREASE.—Notwithstanding the amounts 
set forth in the funding tables in division D, the 
amount authorized to be appropriated in section 
1405 for the Defense Health Program, as specified 
in the corresponding funding table in section 4501, 
for education and training is hereby increased by 
$2,500,000. 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 1405 for 
Defense Health Program, Operation and Mainte-
nance, Private Sector Care, Office of the Secretary 
of Defense, as specified in the corresponding funding
651 
table in section 4501, is hereby reduced by 
$2,500,000. 
SEC. 747. REPORT ON RESEARCH AND STUDIES REGARD-
ING HEALTH EFFECTS OF BURN PITS. 
The Secretary of Defense shall submit to the congres-
sional defense committees and the Committees on Vet-
erans’ Affairs of the House of Representatives and the 
Senate a detailed report on the status, methodology, and 
culmination timeline of all the research and studies being 
conducted to assess the health effects of burn pits. 
SEC. 748. TRAINING ON HEALTH EFFECTS OF BURN PITS 
AND OTHER AIRBORNE HAZARDS. 
The Secretary of Defense shall provide mandatory 
training to all medical providers of the Department of De-
fense on the potential health effects of burn pits and other 
airborne hazards (such as PFAS, mold, or depleted ura-
nium) and the early detection of such health effects. 
SEC. 749. REPORT ON OPERATIONAL MEDICAL AND DEN-
TAL PERSONNEL REQUIREMENTS. 
Not later than January 1, 2021, the Secretary of De-
fense shall submit to the congressional defense committees 
a report containing a discussion of the following: 
(1) Methods— 
(A) to establish joint planning assumptions 
for the development of operational medical and
652 
dental personnel, including establishing a defi-
nition of which personnel may be identified as 
‘‘operational’’; 
(B) to assess options to achieve joint effi-
ciencies in medical and dental personnel re-
quirements, including any associated risks; 
(C) to apply joint planning assumptions 
and assess efficiencies and risks, for the pur-
pose of determining operational medical and 
dental requirements; 
(D) to identify and mitigate limitations in 
the clinical readiness metric, such as data reli-
ability, information on reserve component pro-
viders and patient care workload performed out-
side of military medical treatment facilities es-
tablished under section 1073d of title 10, 
United States Code, and the linkage between 
such metric and patient care and retention out-
comes; and 
(E) to determine which critical wartime 
specialties perform high-risk, high-acuity proce-
dures and rely on perishable skill sets, for the 
purpose of prioritizing such specialities to which 
the clinical readiness metric may be expanded.
653 
(2) Estimates of the costs and benefits relating 
to— 
(A) providing additional training for med-
ical personnel to achieve clinical readiness 
thresholds; and 
(B) hiring additional civilian personnel in 
military medical treatment facilities to backfill 
medical providers of the Department of Defense 
who attend such training. 
SEC. 750. ANNUAL REPORTS ON MILLENNIUM COHORT 
STUDY RELATING TO WOMEN MEMBERS OF 
THE ARMED FORCES. 
(a) ANNUAL REPORTS.—On an annual basis, the 
Secretary of Defense shall submit to the appropriate con-
gressional committees, and make publicly available, a re-
port on findings of the Millennium Cohort Study relating 
to the gynecological and perinatal health of women mem-
bers of the Armed Forces participating in the study. 
(b) MATTERS INCLUDED.—Each report under sub-
section (a) shall include, at a minimum, the following: 
(1) A summary of general findings pertaining 
to gynecological and perinatal health, such as the 
diseases, disorders, and conditions that affect the 
functioning of reproductive systems, including re-
garding maternal mortality and severe maternal
654 
morbidity, birth defects, developmental disorders, 
low birth weight, preterm birth, reduced fertility, 
menstrual disorders, and other health concerns. 
(2) All research projects that have concluded 
during the year covered by the report and the out-
comes of such projects. 
(3) Abstracts of all ongoing projects. 
(4) Abstracts of all projects that have been con-
sidered for investigation. 
(c) IDENTIFICATION OF AREAS.—The Secretary shall 
identify— 
(1) areas in which the Millennium Cohort Study 
can increase efforts to capture data and produce 
studies in the field of gynecological and perinatal 
health of women members of the Armed Forces; and 
(2) activities that are currently underway to 
achieve such efforts. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committees on Veterans’ Affairs of 
the House of Representatives and the Senate.
655 
(2) The term ‘‘Millennium Cohort Study’’ 
means the longitudinal study authorized under sec-
tion 743 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 
105–261; 112 Stat. 2074) to evaluate data on the 
health conditions of members of the Armed Forces 
upon their return from deployment. 
SEC. 751. PARTNERSHIPS WITH ACADEMIC HEALTH CEN-
TERS. 
The Assistant Secretary of Defense for Health Af-
fairs shall establish a University Affiliated Research Cen-
ter and partner with Academic Health Centers to focus 
on the unique challenges wounded members of the Armed 
Forces experience. In carrying out this section, the Assist-
ant Secretary shall emphasize research that reduces de-
pendency on opioids, develops novel pain management and 
mental health strategies, and leverages partnerships with 
industry and medical device manufacturers to advance 
promising technologies for wounded members.
656 
SEC. 752. STUDY ON USE OF ROUTINE NEUROIMAGING MO-
DALITIES IN DIAGNOSIS, TREATMENT, AND 
PREVENTION OF BRAIN INJURY DUE TO 
BLAST PRESSURE EXPOSURE DURING COM-
BAT AND TRAINING. 
(a) IN GENERAL.—The Secretary of Defense shall 
conduct a study on the feasibility and effectiveness of the 
use of routine neuroimaging modalities in the diagnosis, 
treatment, and prevention of brain injury among members 
of the Armed Forces due to one or more blast pressure 
exposures during combat and training. 
(b) REPORTS.— 
(1) INTERIM REPORT.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committees on Armed 
Services of the Senate and the House of Representa-
tives an interim report on the methods and action 
plan for the study under subsection (a). 
(2) FINAL REPORT.—Not later than two years 
after the date on which the Secretary begins the 
study under subsection (a), the Secretary shall sub-
mit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on 
the results of such study.
657 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. ESTABLISHMENT OF ACQUISITION PATHWAYS 
FOR SOFTWARE APPLICATIONS AND SOFT-
WARE UPGRADES. 
(a) GUIDANCE REQUIRED.—Not later than March 1, 
2020, the Secretary of Defense shall establish guidance 
authorizing the use of acquisition pathways described in 
subsection (b) for the rapid acquisition of software appli-
cations and software upgrades that are intended to be 
fielded within one year. A contract awarded under this sec-
tion— 
(1) shall be in an amount equal to or less than 
$50,000,000; and 
(2) may be entered into for a period of not 
more than one year. 
(b) SOFTWARE ACQUISITION PATHWAYS.—The guid-
ance required by subsection (a) shall provide for the use 
of the following two acquisition pathways: 
(1) APPLICATIONS.—The applications pathway 
shall provide for the use of rapid development and
658 
implementation of software applications to be used 
with commercially available hardware. 
(2) UPGRADES.—The upgrades pathway shall 
provide for the rapid development and insertion of 
software upgrades for embedded weapon systems or 
another hardware system solely used by the Depart-
ment of Defense. 
(c) GENERAL REQUIREMENTS.—The guidance re-
quired by subsection (a) shall provide for— 
(1) the use of proven technologies and solutions 
to continuously engineer, update, and deliver capa-
bilities in software; and 
(2) a streamlined and coordinated require-
ments, budget, and acquisition process that results 
in the rapid fielding of software applications and 
software upgrades. 
(d) EXPEDITED PROCESS.— 
(1) IN
GENERAL.—An acquisition conducted 
under the guidance required by subsection (a) shall 
not be subject to the Joint Capabilities Integration 
and Development System Manual and Department 
of Defense Directive 5000.01, except to the extent 
specifically provided in such guidance. 
(2) REQUIREMENTS
PROCESS.—The guidance 
required by subsection (a) shall provide that the re-
659 
quirements for acquisition of software applications 
and software upgrades— 
(A) are developed, refined, and prioritized 
on an iterative basis through continuous partici-
pation and collaboration by users, testers, and 
requirements authorities; 
(B) include an identification of the need 
for, and users of, the software to be acquired 
and a rationale for how the software will sup-
port increased efficiency of the Department of 
Defense; 
(C) are stated in the form of a summary- 
level list of vulnerabilities in existing software 
systems and desired features or capabilities of 
the software to be acquired; and 
(D) consider issues related to lifecycle 
costs, systems interoperability, and logistics 
support if the developer of the software to be 
acquired stops providing support. 
(4) EXECUTION OF RAPID ACQUISITIONS.—The 
Secretary shall ensure that— 
(A) an acquisition conducted under the 
guidance required by subsection (a) is sup-
ported by an entity capable of regular auto-
mated testing of the source code of the software
660 
to be acquired and that such entity is author-
ized to buy storage, bandwidth, and computing 
capability as necessary; 
(B) the Department of Defense can collect 
and analyze the testing data described in sub-
paragraph (A) to make decisions regarding soft-
ware acquisition and oversight; 
(C) the Director of Operational Test and 
Evaluation and the project manager appointed 
under paragraph (5) design test cases to ensure 
that the entity described in subparagraph (A) 
can test the software to be acquired to ensure 
such software meets the requirements of the 
contract; 
(D) the project manager appointed under 
paragraph (5) closely monitors the progress of 
an acquisition conducted under the guidance re-
quired by subsection (a); 
(E) an independent cost estimate is con-
ducted that considers— 
(i) the iterative process of the develop-
ment of the software to be acquired; and 
(ii) the long-term value of the soft-
ware to be acquired to the Department of
661 
Defense, not based on the value of indi-
vidual lines of source code of the software; 
(F) the performance of fielded versions of 
the software to be acquired are demonstrated 
and evaluated in an operational environment; 
(G) performance metrics of the software to 
be acquired, such as metrics relating to when 
the software can be fielded, delivery capabilities 
of the software (including speed of recovery 
from outages and cybersecurity vulnerabilities), 
and assessments and estimations of the size 
and complexity of such software, are automati-
cally generated on a continuous basis and made 
available to the Department of Defense and the 
congressional defense committees; and 
(H) cybersecurity metrics of the software 
to be acquired, such as metrics relating to the 
density of vulnerabilities within the code, the 
time from vulnerability identification to patch 
availability, the existence of common weak-
nesses within the code, and other cybersecurity 
metrics based on widely-recognized standards 
and industry best practices, are generated and 
made available to the Department of Defense 
and the congressional defense committees.
662 
(5) ADMINISTRATION OF SOFTWARE ACQUISI-
TION PATHWAYS.—The guidance required by sub-
section (a) may provide for the use of any of the fol-
lowing streamlined procedures: 
(A) The service acquisition executive of the 
military department concerned shall appoint a 
project manager for each acquisition of software 
applications and software upgrades, as deter-
mined by the service acquisition executive. Such 
project manager shall be appointed from among 
civilian employees or members of the Armed 
Forces who have significant and relevant expe-
rience in current software processes. 
(B) Each project manager shall report 
with respect to such acquisition directly, and 
without intervening review or approval, to the 
service acquisition executive of the military de-
partment concerned. 
(C) The service acquisition executive of the 
military department concerned shall evaluate 
the job performance of such manager on an an-
nual basis. In conducting an evaluation under 
this paragraph, a service acquisition executive 
shall consider the extent to which the manager 
has achieved the objectives of the acquisition
663 
for which the manager is responsible, including 
quality, timeliness, and cost objectives. 
(D) The project manager shall be author-
ized staff positions for a technical staff, includ-
ing experts in software engineering to enable 
the manager to manage the acquisition without 
the technical assistance of another organiza-
tional unit of an agency to the maximum extent 
practicable. 
(E) The project manager shall be author-
ized, in coordination with the users and testers 
of the software to be acquired, to make trade-
offs among lifecycle costs, requirements, and 
schedules to meet the goals of the acquisition. 
(F) The service acquisition executive or the 
Under Secretary of Defense for Acquisition and 
Sustainment, as applicable, shall serve as the 
decision authority for the acquisition. 
(G) The project manager of a defense 
streamlined acquisition shall be provided a 
process to expeditiously seek a waiver from 
Congress from any statutory or regulatory re-
quirement that the project manager determines 
adds little or no value to the management of 
the acquisition.
664 
(6) DELEGATION OF AUTHORITY.—The service 
acquisition executive may delegate any of the respon-
sibilities under this subsection to a program execu-
tive officer (or equivalent). 
(e) CONTRACT TERMS.— 
(1) IN GENERAL.—A contract entered into pur-
suant to the guidance required by subsection (a)— 
(A) may be awarded within a 90-day pe-
riod after solicitation on the basis of— 
(i) statements of qualifications and 
past 
performance 
data 
submitted 
by 
offerors; and 
(ii) discussions with two or more 
qualified offerors without regard to price; 
(B) may be a time-and-materials contract; 
(C) shall be treated as a contract for the 
acquisition of commercial services (as defined in 
section 103a of title 41, United States Code, as 
in effect on January 1, 2020); 
(D) shall identify the individuals to per-
form the work of the contract, and such individ-
uals may not be replaced without the advance 
written consent of the contracting officer; and 
(E) may allow for a contractor performing 
the work of the contract to review existing soft-
665 
ware in consultation with the user community 
and incorporate user feedback to— 
(i) define and prioritize software re-
quirements; and 
(ii) design and implement new soft-
ware applications and software upgrades. 
(2) OPTIONS.—A contract entered into pursu-
ant to the guidance required by subsection (a) may 
contain an option to extend the contract once, for a 
period not to exceed one year, to complete the imple-
mentation of one or more specified software applica-
tions and software upgrades identified during the 
period of the initial contract. Such an option may 
not be in an amount greater than $100,000,000 
and— 
(A) if the option is a time-and-materials 
contract, it shall be treated as a contract for 
the acquisition of commercial services (as de-
fined in section 103a of title 41, United States 
Code); and 
(B) if the option is a fixed-price contract, 
it shall be treated as a contract for the acquisi-
tion of commercial products (as defined in sec-
tion 103 of title 41, United States Code).
666 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be deemed to prevent the use of other methods 
of acquisition to procure software applications and up-
grades. 
(g) CONFORMING AMENDMENT.—Section 2430(a)(2) 
of title 10, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) an acquisition program for software 
applications and software upgrades carried out 
using the acquisition guidance issued pursuant 
to section 801 of the National Defense Author-
ization Act for Fiscal Year 2020.’’. 
SEC. 802. SOFTWARE DEVELOPMENT AND SOFTWARE AC-
QUISITION 
TRAINING 
AND 
MANAGEMENT 
PROGRAMS. 
(a) ESTABLISHMENT OF SOFTWARE DEVELOPMENT 
AND SOFTWARE ACQUISITION TRAINING AND MANAGE-
MENT PROGRAMS.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Under Secretary of Defense for
667 
Acquisition and Sustainment and in consultation 
with the Under Secretary of Defense for Research 
and Engineering and the Chief Information Officer 
of the Department of Defense, shall establish soft-
ware development and software acquisition training 
and management programs for all software acquisi-
tion professionals, software developers, and other ap-
propriate individuals, as determined by the Secretary 
of Defense to earn a certification in software devel-
opment and software acquisition. 
(2) PROGRAM
CONTENTS.—The programs es-
tablished under paragraph (1) shall— 
(A) develop and expand the use of special-
ized training programs for chief information of-
ficers of the military departments and the De-
fense Agencies, service acquisition executives, 
program executive officers, and program man-
agers to include training on and experience in— 
(i) continuous software development; 
and 
(ii) acquisition pathways available to 
acquire software; 
(B) ensure program managers for major 
defense acquisition programs, defense business
668 
systems, and other software programs of the 
Department of Defense— 
(i) have demonstrated competency in 
current software processes; 
(ii) have the skills to lead a workforce 
that can quickly meet challenges, use soft-
ware tools that prioritize continuous or fre-
quent upgrades as such tools become avail-
able, take up opportunities provided by 
new innovations, and plan software activi-
ties in short iterations to learn from risks 
of software testing; and 
(iii) have the experience and training 
to delegate technical oversight and execu-
tion decisions; and 
(C) include continuing education courses 
and experiential training to help individuals 
maintain skills learned through the programs. 
(b) REPORTS.— 
(1) REPORTS REQUIRED.—The Secretary shall 
submit to the congressional defense committees— 
(A) not later than 90 days after the date 
of the enactment of this Act, an initial report; 
and
669 
(B) not later than one year after the date 
of the enactment of this Act, a final report. 
(2) CONTENTS.—Each report required under 
paragraph (1) shall include— 
(A) the status of implementing the soft-
ware development and software acquisition 
training and management programs established 
under subsection (a)(1); 
(B) a description of the requirements for 
certification, including the requirements for 
competencies in current software processes; 
(C) a description of potential career paths 
in software development and software acquisi-
tion within the Department of Defense; 
(D) an independent assessment conducted 
by the Defense Innovation Board of the 
progress made on implementing the programs 
established under subsection (a)(1); and 
(E) any recommendations for changes to 
existing law to facilitate the implementation of 
the programs established under subsection 
(a)(1). 
(c) DEFINITIONS.—In this section: 
(1) PROGRAM EXECUTIVE OFFICER; PROGRAM 
MANAGER.—The terms ‘‘program executive officer’’
670 
and ‘‘program manager’’ have the meanings given 
those terms, respectively, in section 1737 of title 10, 
United States Code. 
(2) SERVICE
ACQUISITION
EXECUTIVE.—The 
terms ‘‘military department’’, ‘‘Defense Agency’’, 
and ‘‘service acquisition executive’’ have the mean-
ings given those terms, respectively, in section 101 
of title 10, United States Code. 
(3) MAJOR DEFENSE ACQUISITION PROGRAM.— 
The term ‘‘major defense acquisition program’’ has 
the meaning given in section 2430 of title 10, 
United States Code. 
(4) DEFENSE
BUSINESS
SYSTEM.—The term 
‘‘defense business system’’ has the meaning given in 
section 2222(i)(1) of title 10, United States Code. 
SEC. 803. MODIFICATIONS TO COST OR PRICING DATA FOR 
CERTAIN PROCUREMENTS. 
(a) COST OR PRICING DATA FOR CERTAIN COMMER-
CIAL PRODUCTS.— 
(1) IN GENERAL.—Section 2306a(b)(4) of title 
10, United States Code, is amended by adding at 
the end the following new subparagraph: 
‘‘(D) If the head of contracting activity deter-
mines, based on market research, that a commercial 
item will be solely procured by the Department of
671 
Defense, the offeror of such commercial product 
shall provide cost or pricing data to the contracting 
officer pursuant to subsection (a).’’. 
(2) CONFORMING AMENDMENT.—Effective Jan-
uary 1, 2020, subparagraph (D) of section 
2306a(b)(4) of title 10, United States Code, as 
added by paragraph (1), is amended by striking 
‘‘commercial item’’ and inserting ‘‘commercial prod-
uct’’. 
(b) DATA OTHER THAN CERTIFIED COST OR PRIC-
ING DATA FOR SOLE SOURCE CONTRACT AWARDS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall revise the Defense Supplement to 
the Federal Acquisition Regulation to require an of-
feror for a sole source contract, subcontract, or 
modification of a sole source contract or subcontract, 
to submit to the contracting officer data other than 
certified cost or pricing data under section 2306a(d) 
of title 10, United States Code, for purposes of de-
termining the reasonableness of the price of the con-
tract, subcontract, or modification of the contract or 
subcontract. 
(2) PENALTY.—With respect to an offeror that 
fails to comply with the requirements established
672 
under paragraph (1), the Secretary of Defense 
may— 
(A) suspend or debar such offeror; or 
(B) include a notation on such offeror in 
the system used by the Federal Government to 
monitor or record contractor past performance. 
(c) SHOULD-COST
ANALYSIS
FOR
COMMERCIAL 
PRODUCT PROCUREMENTS.—The Director of the Defense 
Contract Management Agency shall identify which com-
mercial products (as defined in section 103 of title 41, 
United States Code, as in effect on January 1, 2020) 
should be analyzed under the should-cost review process 
before the Secretary of Defense enters into a contract to 
procure such a commercial product. 
(d) GUIDELINES AND RESOURCES ON THE ACQUISI-
TION OR LICENSING OF INTELLECTUAL PROPERTY.—Sec-
tion 2322 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(c) GUIDELINES AND RESOURCES.— 
‘‘(1) IN GENERAL.—The Secretary of Defense, 
acting through the Under Secretary of Defense for 
Acquisition and Sustainment, shall develop guide-
lines and resources on the acquisition or licensing of 
intellectual property, including—
673 
‘‘(A) model forms for specially negotiated 
licenses described under section 2320(f) (as ap-
propriate); and 
‘‘(B) an identification of definitions, key 
terms, examples, and case studies that resolve 
ambiguities in the differences between— 
‘‘(i) detailed manufacturing and proc-
ess data; 
‘‘(ii) form, fit, and function data; and 
‘‘(iii) data required for operations, 
maintenance, installation, and training. 
‘‘(2) CONSULTATION.—In developing the guide-
lines and resources described in paragraph (1), the 
Secretary shall regularly consult with appropriate 
stakeholders, including large and small businesses, 
traditional and non-traditional contractors (including 
subcontractors), and maintenance repair organiza-
tions.’’. 
SEC. 804. MODIFICATIONS TO COST OR PRICING DATA ON 
BELOW-THRESHOLD CONTRACTS. 
(a) BELOW-THRESHOLD CIVILIAN CONTRACTS.— 
Section 3504 of title 41, United States Code is amended— 
(1) by striking ‘‘head of the procuring activity’’ 
each place it appears and inserting ‘‘contracting offi-
cer’’;
674 
(2) in subsection (b), by striking ‘‘or (2)’’; and 
(3) by striking subsection (c). 
(b) BELOW-THRESHOLD DEFENSE CONTRACTS.— 
Section 2306a(c) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘head of the procuring activity’’ 
each place it appears and inserting ‘‘contracting offi-
cer’’; 
(2) in paragraph (2), by striking ‘‘or (B)’’; and 
(3) by striking paragraph (3). 
SEC. 805. COMPTROLLER GENERAL REPORT ON PRICE REA-
SONABLENESS. 
Not later than March 31, 2021, the Comptroller Gen-
eral of the United States shall submit to the congressional 
defense committees, the Committee on Oversight and Re-
form of the House of Representatives, and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report on the efforts of the Secretary of Defense 
to secure data relating to the price reasonableness of of-
fers from offerors. The report shall include a review of— 
(1) the number of, and justification for, any 
waiver of requirements for submission of certified 
cost or pricing data for sole source contracts for 
spare parts issued during fiscal years 2015 through
675 
2019 pursuant to section 2306a(b)(1)(C) of title 10, 
United States Code; 
(2) the number of, and justification for, any ex-
ception to the requirements for submission of cer-
tified cost or pricing data for sole source contracts 
for spare parts provided during fiscal years 2015 
through 2019 pursuant to section 2306a(b)(1)(B) of 
title 10, United States Code; 
(3) the number of contracts awarded for which 
a request for cost or pricing data, including data 
other than certified cost or pricing data, to deter-
mine price reasonableness was denied by an offeror 
at the time of award; 
(4) actions taken by the Secretary if an offeror 
refused to provide request data described in para-
graph (2), including— 
(A) whether the contracting officer in-
cluded a notation in the system used by the 
Federal Government to monitor or record con-
tractor past performance regarding the refusal 
of an offeror to provide such data; 
(B) any strategies developed by the Sec-
retary to acquire the good that was the subject 
of a contract for which the offeror refused to
676 
provide such data in the future without the 
need for such a waiver. 
SEC. 806. REQUIREMENT THAT CERTAIN SHIP COMPO-
NENTS 
BE 
MANUFACTURED 
IN 
THE 
NA-
TIONAL 
TECHNOLOGY 
AND 
INDUSTRIAL 
BASE. 
(a) ADDITIONAL PROCUREMENT LIMITATION.—Sec-
tion 2534(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(6) COMPONENTS
FOR
AUXILIARY
SHIPS.— 
Subject to subsection (k), the following components: 
‘‘(A) 
Auxiliary 
equipment, 
including 
pumps, for all shipboard services. 
‘‘(B) Propulsion system components, in-
cluding engines, reduction gears, and propellers. 
‘‘(C) Shipboard cranes. 
‘‘(D) Spreaders for shipboard cranes.’’. 
(b) IMPLEMENTATION.—Such section is further 
amended by adding at the end the following new sub-
section: 
‘‘(k) IMPLEMENTATION OF AUXILIARY SHIP COMPO-
NENT LIMITATION.—Subsection (a)(6) applies only with 
respect to contracts awarded by the Secretary of a military 
department for new construction of an auxiliary ship after 
the date of the enactment of the National Defense Author-
677 
ization Act for Fiscal Year 2020 using funds available for 
National Defense Sealift Fund programs or Shipbuilding 
and Conversion, Navy. For purposes of this subsection, 
the term ‘auxiliary ship’ does not include an icebreaker.’’. 
SEC. 807. ACQUISITION AND DISPOSAL OF CERTAIN RARE 
EARTH MATERIALS. 
(a) GUIDANCE ON STREAMLINED ACQUISITION OF 
COVERED RARE EARTH MATERIALS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Under Secretary of Defense for Acquisition and 
Sustainment, in consultation with the Under Sec-
retary of Defense (Comptroller), the Vice Chairman 
of the Joint Chiefs of Staff, the Secretary of En-
ergy, and the appropriate Under Secretary of State 
designated by the Secretary of State shall establish 
guidance to— 
(A) enable the acquisition of items con-
taining rare earth materials, with a focus on 
items that contain high concentrations of rare 
earth materials; 
(B) establish a secure supply chain for 
rare earth materials from sources within the 
United States and covered foreign sources; and
678 
(C) ensure that the United States will 
eliminate dependency on rare earth materials 
from China by fiscal year 2035. 
(2) CONTENTS.—The guidance required by 
paragraph (1) shall encourage the use of rare earth 
materials mined, refined, processed, melted, or sin-
tered in the United States and include— 
(A) a determination of when best value 
contracting methods, including use of a sole 
source contract with a institution of higher edu-
cation (as defined in section 101 of the Higher 
Education Act of 1965 Act (20 U.S.C. 1001)) 
or other entity, should be used to ensure the vi-
ability of a rare earth material supplier; 
(B) a guide to the applicability of relevant 
statutes, including sections 2533b and 2533c of 
title 10, United States Code, and other statu-
tory or regulatory restrictions to defense con-
tracts and subcontracts; 
(C) information on current sources within 
the United States and covered foreign sources 
of rare earth materials along with commonly 
used commercial documentation and review 
processes;
679 
(D) directives on budgeting and expending 
funds for the qualification and certification of 
suppliers of rare earth materials within the 
United States to meet national security needs; 
and 
(E) any exceptions to the Joint Capabili-
ties Integration and Development System Man-
ual and Department of Defense Directive 
5000.01. 
(3) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment, in consultation with the appropriate 
Under Secretary of State designated by the Sec-
retary of State, shall submit to the congressional de-
fense committees, the Committee on Foreign Affairs 
of the House of Representatives, and the Committee 
on Foreign Relations of the Senate a report on— 
(A) the guidance required by paragraph 
(1); and 
(B) the efforts of the Secretary of Defense 
to create and maintain secure supply chain for 
rare earth materials from sources within the 
United States and covered foreign sources. 
(4) DEFINITIONS.—In this subsection:
680 
(A) COVERED
FOREIGN
SOURCE.—The 
term ‘‘covered foreign source’’ means a source 
located in a foreign country that is not an ad-
versary of the United States, as determined by 
the Secretary of Defense. 
(B) RARE
EARTH
MATERIAL.—The term 
‘‘rare earth material’’ means a concentrate, 
oxide, carbonate, fluoride, metal, alloy, magnet, 
or finished product whose chemical, magnetic, 
or nuclear properties are largely defined by the 
presence of— 
(i) yttrium; 
(ii) scandium; or 
(iii) any lanthanide series element. 
(b) AUTHORITY TO DISPOSE OF AND ACQUIRE MA-
TERIALS FOR THE NATIONAL DEFENSE STOCKPILE.— 
(1) DISPOSAL AUTHORITY.—Pursuant to sec-
tion 5(b) of the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98d(b)), the National 
Defense 
Stockpile 
Manager 
shall 
dispose 
of 
3,000,000 pounds of tungsten ores and concentrates 
contained in the National Defense Stockpile (in ad-
dition to any amount previously authorized for dis-
posal). 
(2) ACQUISITION AUTHORITY.—
681 
(A) AUTHORITY.—Using funds available in 
the National Defense Stockpile Transaction 
Fund, the National Defense Stockpile Manager 
may acquire the following materials determined 
to be strategic and critical materials required to 
meet the defense, industrial, and essential civil-
ian needs of the United States: 
(i) Aerospace-grade rayon. 
(ii) Electrolytic manganese metal. 
(iii) Pitch-based carbon fiber. 
(iv) Rare earth cerium compounds. 
(v) Rare earth lanthanum compounds. 
(B) AMOUNT
OF
AUTHORITY.—The Na-
tional Defense Stockpile Manager may use up 
to $14,420,000 in the National Defense Stock-
pile Transaction Fund for acquisition of the 
materials specified in subsection (b). 
(C) FISCAL YEAR LIMITATION.—The au-
thority under subsection (b) is available for pur-
chases during fiscal year 2020 through fiscal 
year 2024. 
(c) NATIONAL DEFENSE STOCKPILE SALES.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that tantalum should be designated as a 
strategic and critical material under the Strategic
682 
and Critical Materials Stock Piling Act (50 U.S.C. 
98 et seq.), required to meet the defense, industrial, 
and essential civilian needs of the United States. 
(2) NATIONAL DEFENSE STOCKPILE SALES OF 
TANTALUM.—Section 2533c(d)(1) of title 10, United 
States code, is amended— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) adding at the end the following new 
subparagraph: 
‘‘(E) tantalum.’’. 
(3) PROHIBITION ON SALES OF MATERIALS.— 
Section 2533c(a)(2) of title 10, United States Code, 
is amended by striking ‘‘covered’’ before ‘‘material’’. 
SEC. 808. PROHIBITION ON ACQUISITION OF TANTALUM 
FROM NON-ALLIED FOREIGN NATIONS. 
Subsection (d)(1) of section 2533c of title 10, United 
States Code, is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and
683 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) tantalum.’’. 
SEC. 809. APPLICATION OF MISCELLANEOUS TECHNOLOGY 
BASE POLICIES AND PROGRAMS TO THE CO-
LUMBIA-CLASS SUBMARINE PROGRAM. 
Notwithstanding subchapter V of chapter 148 of title 
10, United States Code (except for sections 2534, 2533a, 
and 2533b of such title), for a period of one year begin-
ning on the date of the enactment of this Act, the mile-
stone decision authority (as defined in section 2366a of 
title 10, United States Code) for the Columbia-class sub-
marine program shall ensure that such program maintains 
the schedule approved under the Milestone B approval (as 
defined in such section). 
SEC. 810. APPLICATION OF LIMITATION ON PROCUREMENT 
OF GOODS OTHER THAN UNITED STATES 
GOODS TO THE FFG–FRIGATE PROGRAM. 
Notwithstanding any other provision of law, amounts 
authorized to carry out the FFG–Frigate Program may 
be used to award a new contract that provides for the ac-
quisition of the following components regardless of wheth-
er those components are manufactured in the United 
States:
684 
(1) Auxiliary equipment (including pumps) for 
shipboard services. 
(2) Propulsion equipment (including engines, 
reduction gears, and propellers). 
(3) Shipboard cranes. 
(4) Spreaders for shipboard cranes. 
SEC. 811. CONSIDERATION OF PRICE IN PROCUREMENT OF 
THE FFG(X) FRIGATE. 
In evaluating proposals for a contract to procure a 
FFG(X) frigate, the Secretary of the Navy shall ensure 
price is a critical evaluation factor set forth in the request 
for proposal (solicitation number N0002419R2300) for 
the procurement of the frigate. 
SEC. 812. REPEAL OF CONTINUATION OF DATA RIGHTS 
DURING CHALLENGES. 
(a) REPEAL.—Section 866 of the John S. McCain 
National Defense Authorization Act for Fiscal Year 2019 
(Public Law 115–232; 132 Stat. 1901; 10 U.S.C. 2321) 
is repealed. 
(b) RESTORATION OF AMENDED PROVISION.—Sub-
section (i) of section 2321 of title 10, United States Code, 
is amended to read as follows: 
‘‘(i) RIGHTS AND LIABILITY UPON FINAL DISPOSI-
TION.—(1) If, upon final disposition, the contracting offi-
685 
cer’s challenge to the use or release restriction is sus-
tained— 
‘‘(A) the restriction shall be cancelled; and 
‘‘(B) if the asserted restriction is found not to 
be substantially justified, the contractor or subcon-
tractor asserting the restriction shall be liable to the 
United States for payment of the cost to the United 
States of reviewing the asserted restriction and the 
fees and other expenses (as defined in section 
2412(d)(2)(A) of title 28) incurred by the United 
States in challenging the asserted restriction, unless 
special circumstances would make such payment un-
just. 
‘‘(2) If, upon final disposition, the contracting offi-
cer’s challenge to the use or release restriction is not sus-
tained— 
‘‘(A) the United States shall continue to be 
bound by the restriction; and 
‘‘(B) the United States shall be liable for pay-
ment to the party asserting the restriction for fees 
and 
other 
expenses 
(as 
defined 
in 
section 
2412(d)(2)(A) of title 28) incurred by the party as-
serting the restriction in defending the asserted re-
striction if the challenge by the United States is 
found not to be made in good faith.’’.
686 
SEC. 813. REPEAL OF AUTHORITY TO WAIVE ACQUISITION 
LAWS TO ACQUIRE VITAL NATIONAL SECU-
RITY CAPABILITIES. 
Section 806 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 
2302 note) is repealed. 
SEC. 814. REPEAL OF TRANSFER OF FUNDS RELATED TO 
COST OVERRUNS AND COST UNDERRUNS. 
(a) IN GENERAL.—Section 828 of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 10 U.S.C. 2430 note) is repealed. 
(b) CONFORMING AMENDMENT.—Section 825 of the 
National Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91; 131 Stat. 1466) is amended— 
(1) by repealing subsection (b); and 
(2) by striking ‘‘(a) IN GENERAL.—’’. 
SEC. 815. ADDITION OF DOMESTICALLY PRODUCED STAIN-
LESS STEEL FLATWARE AND DINNERWARE 
TO THE BERRY AMENDMENT. 
(a) IN GENERAL.—Section 2533a(b) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraphs: 
‘‘(3) Stainless steel flatware. 
‘‘(4) Dinnerware.’’. 
(b) EFFECTIVE DATE.—Paragraphs (3) and (4) of 
section 2533a(b) of title 10, United States Code, as added
687 
by subsection (a), shall apply with respect to contracts en-
tered into on or after the date occurring 1 year after the 
date of the enactment of this Act. 
Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 821. MODIFICATIONS TO THE MIDDLE TIER OF ACQUI-
SITION PROGRAMS. 
(a) ACCESS TO TECHNICAL DATA, RECORDS, AND IN-
FORMATION.—Section 804 of the National Defense Au-
thorization Act for Fiscal Year 2016 (Public Law 114– 
92; 10 U.S.C. 2302 note) is amended by adding at the 
end the following new subsection: 
‘‘(e) ACCESS TO TECHNICAL DATA, RECORDS, AND 
INFORMATION.—The Secretary of Defense shall develop a 
process to provide the Director of Operational Test and 
Evaluation, the Director of Cost Assessment and Program 
Evaluation, and the Under Secretary of Defense for Re-
search and Engineering access to all technical data, 
records, and information necessary to evaluate the techno-
logical maturity, operational effectiveness, and operational 
suitability of products and technologies proposed to be ac-
quired under the guidance required by subsection (a).’’. 
(b) DOLLAR THRESHOLD FOR ACQUISITION PRO-
GRAMS.—Subsection (a) of such section is amended—
688 
(1) by striking ‘‘Not later than’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Not later than’’; 
(2) in paragraph (1), as so designated, by strik-
ing ‘‘acquisition programs that are intended to be 
completed in a period of two to five years.’’ and in-
serting the following: ‘‘acquisition programs— 
‘‘(A) with an eventual total expenditure for 
research, development, test, and evaluation or 
an eventual total expenditure for procurement 
that is less than those expenditures described in 
section 2430(a)(1)(B) of this title; and 
‘‘(B) that are intended to be completed in 
a period of two to five years.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) WAIVER.—The Secretary of Defense may 
waive the requirements of subparagraph (A) of para-
graph (1), and may not delegate the authority to 
make such a waiver.’’. 
SEC. 822. BRIEFING RELATING TO THE ‘‘MIDDLE TIER’’ OF 
ACQUISITION PROGRAMS. 
(a) IN GENERAL.—Not later than December 1, 2019, 
the Secretary of Defense shall provide a briefing to the 
congressional defense committees on lessons learned and
689 
best practices identified through the use of the ‘‘middle 
tier’’ of acquisition programs described under section 804 
of the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 10 U.S.C. 2302 note). The 
briefing shall be accompanied by a written analysis— 
(1) identifying which lessons learned can be ap-
plied to— 
(A) ‘‘middle tier’’ acquisition programs; 
and 
(B) any major defense acquisition program 
(as defined under section 2430 of title 10, 
United States Code); 
(2) describing the extent to which covered risk 
should be a factor in determining which acquisition 
authority to use, including— 
(A) an acquisition pathway as described 
under subsection (b) of section 804 of the Na-
tional Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 10 U.S.C. 
2302 note); 
(B) the authority described under section 
2371b of title 10, United States Code; 
(C) acquisition authority relating to urgent 
operational needs; 
(D) a traditional acquisition process; or
690 
(E) any other acquisition authority, as de-
termined by the Secretary; 
(3) describing whether any requirements appli-
cable to major defense acquisition programs should 
be applicable to ‘‘middle tier’’ acquisition programs 
under such section; and 
(4) recommending amendments or revisions (as 
applicable) to law or regulation, and including avail-
able data to support such recommendations. 
(b) COVERED RISK DEFINED.—In this section, the 
term ‘‘covered risk’’ shall have the meaning given by the 
Secretary of Defense, and shall include a consideration of 
cost, schedule, performance, risk to operational success. 
SEC. 823. RATES FOR PROGRESS PAYMENTS OR PERFORM-
ANCE-BASED PAYMENTS. 
(a) CONSISTENCY
IN ESTABLISHMENT
OF RATES 
FOR PROGRESS PAYMENTS
OR PERFORMANCE-BASED 
PAYMENTS.—Section 2307(a) of title 10, United States 
Code, is amended by inserting the following new para-
graph: 
‘‘(3) Except as provided in subsection (g), the 
Secretary of Defense shall not establish a rate for 
progress payments or a rate for performance-based 
payments that is lower than the rate for progress 
payments or a rate for performance-based payments,
691 
as applicable, established by another head of an 
agency.’’. 
(b) PAYMENT AUTHORITY.—Section 2307(a)(1) of 
title 10, United States Code, is amended in the matter 
preceding subparagraph (A) by striking ‘‘The head of any 
agency may’’ and inserting ‘‘The head of an agency 
may—’’. 
(c) NOTICE OF REVISION TO RATES FOR PROGRESS 
PAYMENTS OR PERFORMANCE-BASED PAYMENTS.— 
(1) TO CONGRESS.—The Secretary of Defense 
may not issue rules to revise the rate for progress 
payments or the rate for performance-based pay-
ments unless the Secretary provides the congres-
sional defense committees with a notice of deter-
mination of need for such revision. This notice shall 
include— 
(A) a justification, including the data and 
analysis supporting the justification, for the re-
vision; and 
(B) an assessment of how the revision will 
create a more effective acquisition process and 
benefit the defense industrial base. 
(2) PUBLICATION.—The Secretary shall publish 
the notice required by paragraph (1) in the Federal 
Register not later than five business days after pro-
692 
viding such notice to the congressional defense com-
mittees. 
SEC. 824. ADDITIONAL REQUIREMENTS FOR NEGOTIATIONS 
FOR 
NONCOMMERCIAL 
COMPUTER 
SOFT-
WARE. 
Section 2322a of title 10, United States Code, is 
amended by adding at the end the following new sub-
sections: 
‘‘(c) RIGHTS TO NONCOMMERCIAL COMPUTER SOFT-
WARE.—As part of any negotiation for the acquisition of 
noncommercial computer software, the Secretary of De-
fense may not require a contractor to sell or otherwise re-
linquish to the Federal Government any rights to non-
commercial computer software developed exclusively at 
private expense, except for rights related to— 
‘‘(1) corrections or changes to such software or 
related materials for such software furnished to the 
contractor by the Department of Defense; 
‘‘(2) such software or related materials for such 
software that is otherwise publicly available or that 
has been released or disclosed by the contractor or 
subcontractor without restrictions on further use, re-
lease, or disclosure, other than a release or disclo-
sure resulting from the sale, transfer, or other as-
693 
signment of interest in such software or related ma-
terials to another party; 
‘‘(3) such software or related materials for such 
software obtained with unlimited rights under an-
other contract with the Federal Government or as a 
result of such a negotiation; or 
‘‘(4) such software or related materials for such 
software furnished to the Department of Defense 
under a contract or subcontract that includes— 
‘‘(A) restricted rights in such software, 
limited rights in technical data, or government 
purpose rights, where such restricted rights, 
limited rights, or government purpose rights 
have expired; or 
‘‘(B) government purpose rights, where the 
contractor’s exclusive right to use such software 
or related materials for commercial purposes 
has expired. 
‘‘(d) CONSIDERATION OF SPECIALLY NEGOTIATED 
LICENSES.—The Secretary of Defense shall, to the max-
imum extent practicable, negotiate and enter into a con-
tract with a contractor for a specially negotiated license 
for noncommercial computer software or related materials 
for such software necessary to support the product sup-
694 
port strategy of a major weapon system or subsystem of 
a major weapon system.’’. 
SEC. 825. RESPONSIBILITY FOR DATA ANALYSIS AND RE-
QUIREMENTS VALIDATION FOR SERVICES 
CONTRACTS. 
Section 2329 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘, acting 
through the Under Secretary of Defense (Comp-
troller) and Director of Cost Assessment and Pro-
gram Evaluation,’’ after ‘‘Secretary of Defense’’; 
(2) in subsection (b), in the matter preceding 
paragraph (1), by inserting ‘‘, acting through the 
Under Secretary of Defense (Comptroller) and Di-
rector of Cost Assessment and Program Evalua-
tion,’’ after ‘‘Secretary of Defense’’; and 
(3) in subsection (c)(2)(A), by inserting ‘‘, act-
ing through the Under Secretary of Defense (Comp-
troller) and Director of Cost Assessment and Pro-
gram Evaluation,’’ after ‘‘Secretary of Defense’’. 
SEC. 826. ANNUAL REPORTS ON AUTHORITY TO CARRY OUT 
CERTAIN PROTOTYPE PROJECTS. 
(a) IN GENERAL.—Section 2371b of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subsections:
695 
‘‘(i) DATA COLLECTION AND USE.—(1) The service 
acquisition executive of each military department shall col-
lect data on the use of the authority under this section 
by the applicable military department, and the Under Sec-
retary of Defense for Research and Engineering and the 
Under Secretary of Defense for Acquisition and 
Sustainment shall collect data on all other use of such au-
thority by the Department of Defense, including use by 
the Defense Agencies. 
‘‘(2) The Under Secretary of Defense for Acquisition 
and Sustainment shall— 
‘‘(A) maintain a database of information col-
lected under this section, which shall be made acces-
sible to any official designated by the Secretary of 
Defense; and 
‘‘(B) analyze such information to update policy 
and guidance related to the use of the authority 
under this section. 
‘‘(j) REPORT.—(1) Not later than December 31, 
2019, and each December 31 thereafter the Secretary of 
Defense shall annually submit to the congressional defense 
committees a report covering the preceding fiscal year on 
the use of the authority under this section. Each report 
shall summarize the data collected under subsection (i) on
696 
the nature and extent of each such use of the authority, 
including a description— 
‘‘(A) of the participants to an agreement en-
tered into pursuant to the authority of subsection 
(a) or a follow-on contract or transaction entered 
into pursuant to the authority of subsection (f); 
‘‘(B) of the quantity of prototype projects to be 
produced pursuant to such an agreement, follow-on 
contract, or transaction; 
‘‘(C) of the amount of payments made pursuant 
to each such agreement, follow-on contract, or trans-
action; 
‘‘(D) of the purpose, description, and status of 
prototype projects carried out pursuant to each such 
agreement, follow-on contract, or transaction; and 
‘‘(E) including case examples, of the successes 
and challenges with using the authority of sub-
section (a) or (f). 
‘‘(2) A report required under this subsection shall be 
submitted in unclassified form without any designation re-
lating to dissemination control, but may contain a classi-
fied annex.’’. 
(b) CONFORMING AMENDMENT.—Section 873 of the 
John S. McCain National Defense Authorization Act for
697 
Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1905; 
10 U.S.C. 2371 note) is repealed. 
SEC. 827. COMPETITION REQUIREMENTS FOR PURCHASES 
FROM FEDERAL PRISON INDUSTRIES. 
(a) COMPETITION REQUIREMENTS FOR PURCHASES 
FROM FEDERAL PRISON INDUSTRIES.—Subsections (a) 
and (b) of section 2410n of title 10, United States Code, 
are amended to read as follows: 
‘‘(a) MARKET
RESEARCH.—Before purchasing a 
product listed in the latest edition of the Federal Prison 
Industries catalog published under section 4124(d) of title 
18, the Secretary of Defense shall conduct market re-
search to determine whether such product— 
‘‘(1) is comparable to products available from 
the private sector; and 
‘‘(2) best meets the needs of the Department of 
Defense in terms of price, quality, and time of deliv-
ery. 
‘‘(b) COMPETITION REQUIREMENT.—If the Secretary 
determines that a Federal Prison Industries product is not 
comparable to products available from the private sector 
and does not best meet the needs of the Department of 
Defense in terms of price, quality, or time of delivery, the 
Secretary shall use competitive procedures or make an in-
dividual purchase under a multiple award contract for the
698 
procurement of the product. In conducting such a competi-
tion or making such a purchase, the Secretary shall con-
sider a timely offer from Federal Prison Industries.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 60 days after the date of 
the enactment of this Act. 
SEC. 828. ENHANCED POST-AWARD DEBRIEFING RIGHTS. 
Section 818(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91; 131 
Stat. 1463; 10 U.S.C. 2305 note) is amended by striking 
‘‘$100,000,000’’ each place it appears and inserting 
‘‘$50,000,000’’. 
SEC. 829. STANDARDIZING DATA COLLECTION AND RE-
PORTING ON USE OF SOURCE SELECTION 
PROCEDURES BY FEDERAL AGENCIES. 
(a) REPEAL OF GOVERNMENT ACCOUNTABILITY OF-
FICE REPORTING REQUIREMENTS ON USE OF LOWEST 
PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION 
CRITERIA.— 
(1) DEPARTMENT OF DEFENSE.—Section 813 
of the National Defense Authorization Act for Fiscal 
Year 2017 (10 U.S.C. 2305 note) is amended by 
striking subsection (d). 
(2) OTHER
AGENCIES.—Section 880 of the 
John S. McCain National Defense Authorization Act
699 
for Fiscal Year 2019 (Public Law 115–232; 132 
Stat. 1910; 41 U.S.C. 3701 note) is amended by 
striking subsection (d) and redesignating subsection 
(e) as subsection (d). 
(b) REVISION
TO
THE FEDERAL PROCUREMENT 
DATA SYSTEM.—Not later than 180 days after the date 
of the enactment of this Act, the Administrator of General 
Services, in coordination with the Administrator for Fed-
eral Procurement Policy, shall direct appropriate revisions 
to the Federal procurement data system established pur-
suant to section 1122(a)(4) of title 41, United States Code 
(or any successor system), to facilitate the collection of 
complete, timely, and reliable data on the source selection 
processes used by Federal agencies for the contract ac-
tions being reported in the system. The Administrator of 
General Services shall ensure that data is collected— 
(1) at a minimum, on the usage of the lowest 
price technically acceptable contracting methods and 
best value contracting methods process; and 
(2) on all applicable contracting actions, includ-
ing task orders or delivery orders issued under in-
definite delivery-indefinite quantity contracts.
700 
SEC. 830. MODIFICATION OF JUSTIFICATION AND AP-
PROVAL REQUIREMENT FOR CERTAIN DE-
PARTMENT OF DEFENSE CONTRACTS. 
(a) MODIFICATION
OF
JUSTIFICATION
AND
AP-
PROVAL REQUIREMENT.—Notwithstanding section 811 of 
the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2405)— 
(1) no justification and approval is required 
under such section for a sole-source contract award-
ed by the Department of Defense in a covered pro-
curement 
for 
an 
amount 
not 
exceeding 
$100,000,000; and 
(2) for purposes of subsections (a)(2) and 
(c)(3)(A) of such section, the appropriate official 
designated to approve the justification for a sole- 
source contract awarded by the Department of De-
fense 
in 
a 
covered 
procurement 
exceeding 
$100,000,000 is the official designated in section 
2304(f)(1)(B)(ii) of title 10, United States Code. 
(b) GUIDANCE.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall issue guidance to implement the authority under sub-
section (a). 
(c) COMPTROLLER GENERAL REVIEW.— 
(1) DATA
TRACKING
AND
COLLECTION.—The 
Department of Defense shall track the use of the au-
701 
thority provided pursuant to subsection (a) and 
make the data available to the Comptroller General 
for purposes of the report required under paragraph 
(2). 
(2) REPORT.—Not later than February 1, 
2022, the Comptroller General of the United States 
shall submit a report to the congressional defense 
committees which shall include the number of con-
tracts awarded on the basis of competition restricted 
to Program Participants in the program established 
under section 8(a) of the Small Business Act (15 
U.S.C. 637(a)) to small business concerns that are 
Native Hawaiian Organizations (as defined in para-
graph (15) of such section (15 U.S.C. 637(a)(15))) 
or economically disadvantaged Indian tribes (or a 
wholly owned business entity of such a tribe) (as de-
fined in paragraph (13) of such section (15 U.S.C. 
637(a)(13))) or that exceed the dollar amount under 
paragraph (1)(D) of such section. 
SEC. 831. PREFERENCE FOR OFFERORS EMPLOYING VET-
ERANS. 
(a) IN GENERAL.—Chapter 137 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section:
702 
‘‘§ 2339b. Preference for offerors employing veterans 
‘‘(a) PREFERENCE.—In awarding a contract for the 
procurement of goods or services for the Department of 
Defense, the head of an agency may establish a preference 
for offerors that employ veterans on a full-time basis. The 
Secretary of Defense shall determine the criteria for use 
of such preference. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to supercede any other provision 
of law establishing a preference for small business con-
cerns owned and controlled by veterans or small business 
concerns owned and controlled by service-disabled veterans 
(as defined in section 3(q) of the Small Business Act (15 
U.S.C. 632(q))). 
‘‘(c) CONGRESSIONAL NOTIFICATION.—Prior to es-
tablishing the preference described in subsection (a), the 
Secretary of Defense shall provide a briefing to the Com-
mittee on Armed Services of the House of Representatives 
on— 
‘‘(1) a plan for implementing such preference, 
including— 
‘‘(A) penalties for an offeror that willfully 
and intentionally misrepresents the veteran sta-
tus of the employees of the offeror in a bid sub-
mitted under subsection (a); and
703 
‘‘(B) reporting on use of such preference; 
and 
‘‘(2) the process for assessing and verifying of-
feror compliance with regulations relating to equal 
opportunity for veterans requirements.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2339a the following new 
item: 
‘‘2339b. Preference for offerors employing veterans.’’. 
SEC. 832. REPORTING ON EXPENSES INCURRED FOR INDE-
PENDENT RESEARCH AND DEVELOPMENT 
COSTS. 
(a) REPORTING ON INDEPENDENT RESEARCH AND 
DEVELOPMENT COSTS.—Section 2372 of title 10, United 
States Code, is amended— 
(1) in the second sentence of subsection (a), by 
striking ‘‘shall be reported’’ and all that follows 
through ‘‘indirect costs.’’ and inserting the following: 
‘‘shall be reported— 
‘‘(1) independently from other allowable indirect 
costs; and 
‘‘(2) annually by the contractor to the Defense 
Technical Information Center, who shall give access 
to the information to the Under Secretary of De-
fense for Research and Engineering, the Director of
704 
the Defense Contract Audit Agency, and the Direc-
tor of the Defense Management Audit Agency.’’. 
(b) REPORT TO CONGRESS.—Such section is further 
amended by adding at the end the following new sub-
section: 
‘‘(f) REPORT TO CONGRESS.—Not later than March 
31, 2020, and biennially thereafter, the Under Secretary 
of Defense for Research and Engineering, in coordination 
with the Director of the Defense Contract Management 
Agency, the Director of the Defense Contract Audit Agen-
cy, and the Defense Technical Information Center, shall 
submit to the congressional defense committees aggregate 
cost data on the independent research and development 
programs of the contractor. The report shall include— 
‘‘(1) an analysis of such programs completed 
during the two-year period preceding the date of the 
report, including the extent to which such programs 
align with the modernization priorities of the most 
recent national defense strategy (as described by 
section 113 of this title); 
‘‘(2) an estimate of the extent to which such 
programs produced, or sought to produce, disruptive 
technologies or incremental technologies; 
‘‘(3) with respect to each contractor subject to 
the reporting requirement under subsection (a)—
705 
‘‘(A) a comparison of the total amount of 
independent research and development costs 
submitted for reimbursement under the annual 
incurred cost proposal of such contractor and 
the amount reported to the Defense Technical 
Information Center; and 
‘‘(B) a summary of any issues relating to 
the ownership or distribution of intellectual 
property rights raised by such contractor relat-
ing to an independent research and develop-
ment program of such contractor.’’. 
(c) REPORT TO GAO.—The Secretary of Defense 
shall submit to the Comptroller General of the United 
States the first such report required under subsection (f) 
of section 2372 of title 10, United States Code (as added 
by subsection (a)), so that the Comptroller General may 
perform a review of the information provided in the report. 
SEC. 833. REPORTING ON EXPENSES INCURRED FOR BID 
AND PROPOSAL COSTS. 
Section 2372a(a) of title 10, United States Code, is 
amended— 
(1) in the second sentence, by striking ‘‘shall be 
reported’’ and all that follows through ‘‘indirect 
costs.’’ and inserting the following: ‘‘shall be re-
ported—
706 
‘‘(1) independently from other allowable indirect 
costs; and 
‘‘(2) annually by the contractor to the Director 
of the Defense Contract Audit Agency, who shall 
give access to the information to the Principal Direc-
tor for Defense Pricing and Contracting.’’. 
SEC. 834. REPEAL OF THE DEFENSE COST ACCOUNTING 
STANDARDS BOARD. 
(a) REPEAL.—Section 190 of title 10, United States 
Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 7 of such title is amended by 
striking the item relating to section 190. 
SEC. 835. REPORT ON REQUIREMENTS RELATING TO CON-
SUMPTION-BASED SOLUTIONS. 
(a) REPORT.—The Undersecretary of Defense for Ac-
quisition and Sustainment shall submit to the congres-
sional defense committees a report on the feasibility of re-
vising the Defense Federal Acquisition Regulation Supple-
ment to include requirements relating to consumption- 
based solutions. 
(b) CONSUMPTION-BASED SOLUTIONS DEFINED.— 
The term ‘‘consumption-based solutions’’ means any com-
bination of hardware or equipment, software, and labor 
or services that together provide a capability that is me-
707 
tered and billed based on actual usage and predetermined 
pricing per resource unit, and includes the ability to rap-
idly scale capacity up or down. 
Subtitle C—Provisions Relating to 
Acquisition Workforce 
SEC. 841. DEFENSE ACQUISITION WORKFORCE CERTIFI-
CATION AND EDUCATION REQUIREMENTS. 
(a) 
PROFESSIONAL
CERTIFICATION
REQUIRE-
MENT.— 
(1) PROFESSIONAL
CERTIFICATION
REQUIRED 
FOR ALL ACQUISITION WORKFORCE PERSONNEL.— 
Section 1701a of title 10, United States Code, is 
amended— 
(A) by redesignating subsections (c) and 
(d) as subsections (d) and (e), respectively; and 
(B) by inserting after subsection (b) the 
following new subsection: 
‘‘(c) PROFESSIONAL CERTIFICATION.—(1) IN GEN-
ERAL.—The Secretary of Defense shall implement a cer-
tification program to provide for a professional certifi-
cation requirement for all members of the acquisition 
workforce. Except as provided in paragraph (2), the cer-
tification requirement for any career field of the acquisi-
tion workforce shall be based on nationally or internation-
708 
ally recognized standards developed by a third-party enti-
ty. 
‘‘(2) REQUIREMENTS FOR SECRETARY.—If the Sec-
retary determines that, for a particular acquisition work-
force career field, the third-party entity described in para-
graph (1) does not meet the needs of the Department, the 
Secretary shall establish the professional certification re-
quirement for that career field that conforms with nation-
ally or internationally recognized standards. The Secretary 
shall determine the best approach to implement such re-
quirement for that career field, including implementation 
through entities outside the Department of Defense and 
may be designed and implemented without regard to sec-
tion 1746 of this title.’’. 
(2) CERTIFICATION RENEWAL.—Paragraph (3) 
of section 1723(a) of such title is amended by strik-
ing the second sentence. 
(3) PARTICIPATION IN PROFESSIONAL ASSOCIA-
TIONS.—Section 1701a(b) of such title is amended— 
(A) by redesignating paragraphs (6), (7), 
(8), and (9) as paragraphs (7), (8), (9), and 
(10), respectively; and 
(B) by inserting after paragraph (5) the 
following new paragraph:
709 
‘‘(6) authorize a member of the acquisition 
workforce to participate in professional associations, 
consistent with the performance plan of such mem-
ber, if such participation provides the member with 
the opportunity to gain leadership and management 
skills;’’. 
(4) EFFECTIVE DATE.—The Secretary of De-
fense shall carry out the certification program re-
quired by subsection (c) of section 1701a of title 10, 
United States Code, as added by paragraph (1), not 
later than 180 days after the date of the enactment 
of this Act. 
(b) ELIMINATION
OF STATUTORY REQUIREMENT 
FOR COMPLETION OF 24 SEMESTER CREDIT HOURS.— 
(1) QUALIFICATION REQUIREMENTS FOR CON-
TRACTING
OFFICERS.—Section 1724 of title 10, 
United States Code, is amended— 
(A) in subsection (a)(3)— 
(i) by striking ‘‘(A)’’ after ‘‘(3)’’; and 
(ii) by striking ‘‘, and (B)’’ and all 
that follows through ‘‘and management’’; 
(B) in subsection (b), by striking ‘‘require-
ments’’ in the first sentences of paragraphs (1) 
and (2) and inserting ‘‘requirement’’; 
(C) in subsection (e)—
725 
shall be eligible for consideration for placement in a 
new position under programs of the Department of 
Defense providing priority placement to certain em-
ployees. 
‘‘(3) With respect to an assignment of a member of 
the acquisition workforce under this section, the Sec-
retary— 
‘‘(A) may, in the case of a civilian member of 
the acquisition workforce, provide for the perform-
ance, during the member’s absence, of the normal 
duties and functions of that member by making a 
temporary or term appointment under general civil 
service authorities for such appointments; 
‘‘(B) shall ensure that the normal duties and 
functions of the civilian member of the acquisition 
workforce described in subparagraph (A) can be rea-
sonably performed by other personnel of the Depart-
ment of Defense without the permanent transfer or 
permanent reassignment of other personnel of the 
Department of Defense, including members of the 
armed forces; 
‘‘(C) shall ensure that the normal duties and 
functions of the acquisition workforce member are 
not, as a result of and during the course of such 
temporary assignment, performed or augmented by