730 
‘‘(A) the establishment of a requirement or 
specification for the capability to be acquired; 
‘‘(B) the research, development, test, and 
evaluation of the capability to be acquired; 
‘‘(C) 
the 
production, 
fielding, 
and 
sustainment of the capability to be acquired; or 
‘‘(D) the solicitation, selection of sources, 
and award of the contracts for procurement of 
the capability to be acquired. 
‘‘(2) LIMITATIONS.—Nothing in this subsection 
authorizes the waiver of— 
‘‘(A) the requirements of this section; 
‘‘(B) any provision of law imposing civil or 
criminal penalties; or 
‘‘(C) any provision of law governing the 
proper expenditure of appropriated funds. 
‘‘(e) OPERATIONAL ASSESSMENTS.— 
‘‘(1) IN GENERAL.—The process prescribed under 
subsection (b)(2)(A) for demonstrating and evaluating 
for current operational purposes the performance of a 
capability proposed pursuant to subsection (b)(1)(B) 
shall include the following: 
‘‘(A) An operational assessment in accord-
ance with procedures prescribed by the Director 
of Operational Test and Evaluation. 
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‘‘(B) A requirement to provide information 
about any deficiency of the capability in meeting 
the original requirements for the capability (as 
stated in a statement of the urgent operational 
need or similar document) to the deployment de-
cision-making authority. 
‘‘(2) LIMITATION.—The process prescribed under 
subsection (b)(2)(A) may not include a requirement 
for any deficiency of capability identified in the oper-
ational assessment to be the determining factor in de-
ciding whether to deploy the capability. 
‘‘(3) DIRECTOR
OF
OPERATIONAL
TEST
AND 
EVALUATION
ACCESS.—If a capability is deployed 
under the procedures prescribed pursuant to this sec-
tion, or under any other authority, before operational 
test and evaluation of the capability is completed, the 
Director of Operational Test and Evaluation shall 
have access to operational records and data relevant 
to such capability in accordance with section 
139(e)(3) of this title for the purpose of completing 
operational test and evaluation of the capability. 
Such access shall be provided in a time and manner 
determined by the Secretary of Defense consistent 
with requirements of operational security and other 
relevant operational requirements.’’. 
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732 
(b) CLERICAL AMENDMENT.—The table of chapters at 
the beginning of subtitle A, and at the beginning of part 
V of subtitle A, of title 10, United States Code, are each 
amended by striking the item relating to chapter 253 and 
inserting the following: 
‘‘253. Rapid Acquisition Procedures .............................................................
3601’’. 
(c) CONFORMING REPEALS.—The following provisions 
of law are repealed: 
(1) Section 804 of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public 
Law 111–383; 10 U.S.C. 3201 note prec.). 
(2) Section 806 of the Bob Stump National De-
fense Authorization Act for Fiscal Year 2003 (Public 
Law 107–314; 10 U.S.C. 3201 note prec.). 
(d) ADDITIONAL CONFORMING AMENDMENTS.— 
(1) Section 2216a(c) of title 10, United States 
Code, is amended by striking ‘‘section 804(b) of the 
Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (10 U.S.C. 2302 note)’’ and insert-
ing ‘‘Department of Defense Instruction 5000.81 (or 
any successor instruction), dated December 31, 2019, 
and titled ‘Urgent Capability Acquisition’ ’’. 
(2) Section 8074 of title VIII of the Department 
of Defense Appropriations Act, 2022 (division C of 
Public Law 117–103; 136 Stat. 193) is amended by 
striking ‘‘under section 806(c)(4) of the Bob Stump 
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733 
National Defense Authorization Act for Fiscal Year 
2003 (10 U.S.C. 2302 note)’’ and inserting ‘‘under 
section 3601(c)(4) of title 10, United States Code,’’. 
(3) Section 851(f) of the Carl Levin and Howard 
P. ‘‘Buck’’ McKeon National Defense Authorization 
Act for Fiscal Year 2015 (Public Law 113–291; 10 
U.S.C 3201 note prec.) is amended by striking ‘‘under 
section 806 of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003 (Public Law 
107–314; 10 U.S.C. 2302 note)’’ and inserting ‘‘under 
section 3601 of title 10, United States Code’’. 
(4) Section 231(c)(1)(A) of the John Warner Na-
tional Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 10 U.S.C. 139 note) is amend-
ed by striking ‘‘section 806 of the Bob Stump Na-
tional Defense Authorization Act for Fiscal Year 2003 
(10 U.S.C. 2302 note)’’ and inserting ‘‘section 3601 
of title 10, United States Code’’. 
SEC. 805. TREATMENT OF CERTAIN CLAUSES IMPLE-
MENTING EXECUTIVE ORDERS. 
(a) IN GENERAL.—Section 3862 of title 10, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘: cer-
tification’’; 
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(2) by redesignating subsection (c) as subsection 
(d); 
(3) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) TREATMENT
OF
CERTAIN
CLAUSES
IMPLE-
MENTING EXECUTIVE ORDERS.—The unilateral insertion of 
a covered clause into an existing Department of Defense 
contract, order, or other transaction by a contracting officer 
shall be treated as a change directed by the contracting offi-
cer pursuant to, and subject to, the Changes clause of the 
underlying contract, order, or other transaction.’’; and 
(4) in subsection (d), as redesignated by para-
graph (2)— 
(A) in the subsection heading, by striking 
‘‘DEFINITION’’ and inserting ‘‘DEFINITIONS’’; 
(B) by striking ‘‘section, the term’’ and in-
serting the following: ‘‘section: 
‘‘(1) The term’’; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(2) The term ‘Changes clause’ means the clause 
described in part 52.243–4 of the Federal Acquisition 
Regulation or any successor regulation. 
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735 
‘‘(3) The term ‘covered clause’ means any clause 
implementing the requirements of an Executive order 
issued by the President.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 281 of title 10, United States Code, 
is amended by striking the item relating to section 3862 
and inserting the following: 
‘‘3862. Requests for equitable adjustment or other relief.’’. 
(c) CONFORMING REGULATIONS.—Not later than 120 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall revise the Department of Defense 
Supplement to the Federal Acquisition Regulation to imple-
ment the requirements of section 3862 of title 10, United 
States Code, as amended by subsection (a). 
(d) CONFORMING POLICY GUIDANCE.—Not later than 
120 days after the date of the enactment of this Act, the 
Secretary of Defense shall revise applicable policy guidance 
on other transactions to implement the requirements of sec-
tion 3862 of title 10, United States Code, as amended by 
subsection (a). 
SEC. 806. LIFE CYCLE MANAGEMENT AND PRODUCT SUP-
PORT. 
(a) IN GENERAL.—Section 4324(b) of title 10, United 
States Code, is amended— 
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736 
(1) by redesignating paragraphs (1), (2), (3), 
(4), (5), (6), (7), and (8) as subparagraphs (A), (B), 
(C), (D), (E), (F), (G), and (J), respectively; 
(2) by designating the matter preceding subpara-
graph (A), as so redesignated, as paragraph (1); 
(3) in paragraph (1), as so designated— 
(A) in the matter preceding subparagraph 
(A), as so redesignated— 
(i) by inserting ‘‘IN GENERAL.—’’ be-
fore ‘‘Before granting’’; and 
(ii) by inserting ‘‘for which the mile-
stone decision authority has received views 
from appropriate materiel, logistics, or fleet 
representatives’’ after ‘‘approved life cycle 
sustainment plan’’; 
(B) by amending subparagraph (G), as so 
redesignated, to read as follows: 
‘‘(G) an intellectual property management 
plan for product support, including requirements 
for technical data, software, and modular open 
system approaches (as defined in section 4401 of 
this title);’’; 
(C) by inserting after subparagraph (G), as 
so redesignated, the following new subpara-
graphs: 
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737 
‘‘(H) an estimate of the number of personnel 
needed to operate and maintain the covered sys-
tem, including military personnel, Federal em-
ployees, contractors, and host nation support 
personnel (as applicable); 
‘‘(I) a description of opportunities for for-
eign military sales; and’’; and 
(4) by adding at the end of paragraph (1), as so 
designated, the following new paragraph: 
‘‘(2) SUBSEQUENT
PHASES.—Before granting 
Milestone C approval (or the equivalent) for the cov-
ered system, the milestone decision authority shall en-
sure that the life cycle sustainment plan required by 
paragraph (1) for such covered system has been up-
dated to include views received by the milestone deci-
sion authority from appropriate materiel, logistics, or 
fleet representatives.’’. 
(b) MILESTONE
C APPROVAL
DEFINED.—Section 
4324(d) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (7) as para-
graph (8); and 
(2) by inserting after paragraph (6) the fol-
lowing new paragraph: 
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738 
‘‘(7) MILESTONE C APPROVAL.—The term ‘Mile-
stone C approval’ has the meaning given that term in 
section 4172(e)(8) of this title.’’. 
SEC. 807. AMENDMENTS TO CONTRACTOR EMPLOYEE PRO-
TECTIONS FROM REPRISAL FOR DISCLOSURE 
OF CERTAIN INFORMATION. 
(a) DEFENSE CONTRACTS.—Section 4701 of title 10, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(G), by striking ‘‘or 
subcontractor’’ and inserting ‘‘, subcontractor, 
grantee, subgrantee, or personal services con-
tractor’’; and 
(B) in paragraph (3)(A), by striking ‘‘or 
subcontractor’’ and inserting ‘‘, subcontractor, 
grantee, subgrantee, or personal services con-
tractor’’; 
(2) in subsection (b)(1), by striking ‘‘contractor 
concerned’’ and inserting ‘‘contractor, subcontractor, 
grantee, subgrantee, or personal services contractor 
concerned’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘contractor con-
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739 
cerned’’ and inserting ‘‘contractor, subcon-
tractor, grantee, subgrantee, or personal 
services contractor concerned’’; 
(ii) in subparagraph (A), by inserting 
‘‘, subcontractor, grantee, subgrantee, or 
personal services contractor’’ after ‘‘con-
tractor’’; 
(iii) in subparagraph (B), by inserting 
‘‘, subcontractor, grantee, subgrantee, or 
personal services contractor’’ after ‘‘con-
tractor’’; 
(iv) in subparagraph (C), by inserting 
‘‘, subcontractor, grantee, subgrantee, or 
personal services contractor’’ after ‘‘con-
tractor’’; and 
(v) by inserting at the end the fol-
lowing new subparagraph: 
‘‘(D) Consider disciplinary or corrective ac-
tion against any official of the Department of 
Defense.’’; and 
(B) in paragraph (2), by inserting ‘‘, sub-
contractor, grantee, subgrantee, or personal serv-
ices contractor’’ after ‘‘contractor’’; 
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740 
(4) in subsection (d), by striking ‘‘and sub-
contractors’’ and inserting ‘‘, subcontractors, grantees, 
subgrantees, or personal services contractors’’; 
(5) in subsection (e)(2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘or grantee of’’ and inserting 
‘‘grantee, subgrantee, or personal services con-
tractor of’’; and 
(B) in subparagraph (B), by striking ‘‘or 
grantee’’ and inserting ‘‘grantee, or subgrantee’’; 
and 
(6) in subsection (g)(5), by inserting ‘‘or grants’’ 
after ‘‘contracts’’. 
(b) CIVILIAN CONTRACTS.—Section 4712 of title 41, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘or sub-
grantee’’ and inserting ‘‘subgrantee,’’; 
(B) in paragraph (2), by striking ‘‘or sub-
grantee’’ and inserting ‘‘subgrantee, or personal 
services contractor’’; and 
(C) in paragraph (3), by striking ‘‘or sub-
grantee’’ and inserting ‘‘subgrantee, or personal 
services contractor’’; 
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741 
(2) in subsection (b)(1), by striking ‘‘or sub-
grantee concerned’’ and inserting ‘‘subgrantee, or per-
sonal services contractor concerned’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘or subgrantee con-
cerned’’ and inserting ‘‘subgrantee, or per-
sonal services contractor concerned’’; 
(ii) in subparagraph (A), by striking 
‘‘or subgrantee’’ and inserting ‘‘subgrantee, 
or personal services contractor’’; 
(iii) in subparagraph (B), by striking 
‘‘or subgrantee’’ and inserting ‘‘subgrantee, 
or personal services contractor’’; 
(iv) in subparagraph (C), by striking 
‘‘or subgrantee’’ and inserting ‘‘subgrantee, 
or personal services contractor’’; and 
(v) by inserting at the end the fol-
lowing new subparagraph: 
‘‘(D) Consider disciplinary or corrective action 
against any official of the executive agency, if appro-
priate.’’; and 
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742 
(B) in paragraph (2), by striking ‘‘or sub-
grantee’’ and inserting ‘‘subgrantee, or personal 
services contractor’’; 
(4) in subsection (d), by striking ‘‘and sub-
grantees’’ and inserting ‘‘subgrantees, and personal 
services contractors’’; and 
(5) in subsection (f), by striking ‘‘or subgrantee’’ 
each place it appears and inserting ‘‘subgrantee, or 
personal services contractor’’. 
SEC. 808. USE OF FIXED-PRICE TYPE CONTRACTS FOR CER-
TAIN MAJOR DEFENSE ACQUISITION PRO-
GRAMS. 
(a) IN GENERAL.—Section 818 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364) is amended by adding at the end 
the following new subsection: 
‘‘(f) CONDITIONS WITH RESPECT TO CERTAIN LOW- 
RATE INITIAL PRODUCTION.— 
‘‘(1) IN GENERAL.—The number of low-rate ini-
tial production lots associated with a major defense 
acquisition program may not be more than one if— 
‘‘(A) the milestone decision authority au-
thorizes the use of a fixed-price type contract at 
the time of a decision on Milestone B approval; 
and 
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743 
‘‘(B) the scope of the work of the fixed-price 
type contract includes both the development and 
low-rate initial production of items for such 
major defense acquisition program. 
‘‘(2) WAIVER.—The limitation in paragraph (1) 
may be waived by the applicable service acquisition 
executive or a designee of such executive if— 
‘‘(A) such waiver authority is not delegated 
to the level of the contracting officer; and 
‘‘(B) written notification of a granted waiv-
er, including the associated rationale, is pro-
vided to the congressional defense committees not 
later than 30 days after issuance of the waiver. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘low-rate initial production’ 
has the meaning given under section 4231 of title 
10, United States Code. 
‘‘(B) The term ‘milestone decision author-
ity’ has the meaning given in section 4211 of 
title 10, United States Code. 
‘‘(C) The term ‘major defense acquisition 
program’ has the meaning given in section 4201 
of title 10, United States Code. 
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744 
‘‘(D) The term ‘Milestone B approval’ has 
the meaning given in section 4172(e) of title 10, 
United States Code.’’. 
(b) MODIFICATION OF REGULATIONS.—Not later than 
120 days after the date of the enactment of this Act, the 
Secretary of Defense shall revise the Department of Defense 
Supplement to the Federal Acquisition Regulation and any 
applicable regulations regarding the use of fixed-price type 
contracts for a major defense acquisition program (as de-
fined in section 4201 of title 10, United States Code) to 
carry out this section and the amendments made by this 
section. 
SEC. 809. ACQUISITION REPORTING SYSTEM. 
(a) IN GENERAL.—The Secretary of Defense shall in-
stitute a defense acquisition reporting system to replace the 
requirements of section 4351 of title 10, United States Code, 
as soon as practicable but not later than June 30, 2023. 
(b) ELEMENTS.—The reporting system required under 
subsection (a) shall— 
(1) produce the information necessary to carry 
out the actions specified in chapter 325 of title 10, 
United States Code; 
(2) produce the information necessary to carry 
out the actions specified in sections 4217 and 4311 of 
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745 
the Atomic Energy Defense Act (50 U.S.C. 2537, 
2577); 
(3) incorporate— 
(A) the lessons learned from the demonstra-
tion carried out under subsection (b) of section 
805 of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81; 135 
Stat. 1816); and 
(B) the plans required under subsection (c) 
of such section (Public Law 117–81; 135 Stat. 
1817); 
(4) provide the congressional defense committees 
and other designated Government entities with access 
to acquisition reporting that is updated on a not less 
than quarterly basis; and 
(5) include such other information and functions 
as the Secretary of Defense determines appropriate to 
support the acquisition reporting needs of the Depart-
ment of Defense. 
(c) CONFORMING AMENDMENTS.—The Atomic Energy 
Defense Act (50 U.S.C. 2501 et seq.) is amended— 
(1) in section 4217(a)(2), by inserting ‘‘or any 
successor system,’’ after ‘‘United States Code,’’; and 
(2) in section 4311(a)(2), by inserting ‘‘or any 
successor system,’’ after ‘‘United States Code,’’. 
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746 
Subtitle B—Amendments to General 
Contracting Authorities, Proce-
dures, and Limitations 
SEC. 811. INCLUSION IN BUDGET JUSTIFICATION MATE-
RIALS OF ENHANCED REPORTING ON PRO-
POSED 
CANCELLATIONS 
AND 
MODIFICA-
TIONS TO MULTIYEAR CONTRACTS. 
Section 239c(b) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraphs (1) through (4) 
as paragraphs (2) through (5), respectively; and 
(2) by inserting before paragraph (2), as so re-
designated, the following new paragraph: 
‘‘(1) A detailed explanation of the rationale for 
the proposed cancellation or covered modification of 
the multiyear contract.’’. 
SEC. 812. COMPTROLLER GENERAL ASSESSMENT OF ACQUI-
SITION PROGRAMS AND RELATED EFFORTS. 
(a) IN GENERAL.—Section 3072 of title 10, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘initia-
tives’’ and inserting ‘‘efforts’’; 
(2) by striking ‘‘initiatives’’ each place it ap-
pears and inserting ‘‘efforts’’; 
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747 
(3) in subsection (a), by striking ‘‘through 2023’’ 
and inserting ‘‘through 2026’’; and 
(4) in subsection (c), in the subsection heading, 
by striking ‘‘INITIATIVES’’ and inserting ‘‘EFFORTS’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 203 of title 10, United States Code, 
is amended in the item relating to section 3072 by striking 
‘‘initiatives’’ and inserting ‘‘efforts’’. 
SEC. 813. EXTENSION OF DEFENSE MODERNIZATION AC-
COUNT AUTHORITY. 
Section 3136 of title 10, United States Code, is amend-
ed by striking subsection (j). 
SEC. 814. CLARIFICATION TO FIXED-PRICE INCENTIVE CON-
TRACT REFERENCES. 
(a) AUTHORITY TO ACQUIRE INNOVATIVE COMMER-
CIAL PRODUCTS AND COMMERCIAL SERVICES USING GEN-
ERAL SOLICITATION COMPETITIVE PROCEDURES.—Section 
3458(c)(2) of title 10, United States Code, is amended by 
striking ‘‘fixed-price incentive fee contracts’’ and inserting 
‘‘fixed-price incentive contracts’’. 
(b) CONTRACTOR INCENTIVES TO ACHIEVE SAVINGS 
AND IMPROVE MISSION PERFORMANCE.—Section 832 of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 10 U.S.C. 1746 note) is amended by 
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748 
striking ‘‘fixed-price incentive fee contracts’’ and inserting 
‘‘fixed-price incentive contracts’’. 
SEC. 815. MODIFICATION OF REPORTING REQUIREMENT IN 
CONNECTION 
WITH 
REQUESTS 
FOR 
MULTIYEAR PROCUREMENT AUTHORITY FOR 
LARGE DEFENSE ACQUISITIONS. 
Section 3501(i)(2) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘shall include’’ and all that fol-
lows through ‘‘(A) A report’’ and inserting ‘‘shall in-
clude in the request a report’’; and 
(2) by striking subparagraph (B). 
SEC. 816. MODIFICATION OF PROVISION RELATING TO DE-
TERMINATION OF CERTAIN ACTIVITIES WITH 
UNUSUALLY HAZARDOUS RISKS. 
Section 1684 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81) is amend-
ed— 
(1) in subsection (a), by striking ‘‘2022 and 
2023’’ and inserting ‘‘2022 through 2024’’; and 
(2) in subsection (b), by striking ‘‘September 30, 
2023’’ and inserting ‘‘September 30, 2024’’. 
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SEC. 817. MODIFICATION TO PROHIBITION ON OPERATION 
OR PROCUREMENT OF FOREIGN-MADE UN-
MANNED AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—Section 848 of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 116– 
92; 10 U.S.C. 4871 note) is amended— 
(1) by redesignating subsections (b), (c), and (d) 
as subsections (c), (d), and (e), respectively; 
(2) by inserting after subsection (a) the following 
new subsection: 
‘‘(b) PROHIBITION
ON CERTAIN CONTRACTS.—The 
Secretary of Defense may not enter into a contract (or ex-
tend or renew a contract) on or after October 1, 2024, with 
an entity that operates (as determined by the Secretary or 
the Secretary’s designee) equipment from a covered un-
manned aircraft system company in the performance of a 
Department of Defense contract.’’; 
(3) in subsection (c) (as so redesignated), by 
striking ‘‘the restriction under subsection (a) if the 
operation or procurement’’ and inserting ‘‘any re-
strictions under subsection (a) or (b) if the operation, 
procurement, or contracting action’’; 
(4) in subsection (d) (as so redesignated)— 
(A) by inserting ‘‘(or the Secretary’s des-
ignee)’’ after ‘‘The Secretary of Defense’’; 
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750 
(B) by striking ‘‘the restriction’’ and all 
that follows through ‘‘basis’’ inserting ‘‘any re-
strictions under subsections (a) or (b)’’; and 
(C) by striking ‘‘operation or procurement’’ 
and inserting ‘‘operation, procurement, or con-
tracting action’’; and 
(5) in subsection (e) (as so redesignated)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) COVERED
FOREIGN
COUNTRY.—The term 
‘covered foreign country’ means any of the following: 
‘‘(A) the People’s Republic of China. 
‘‘(B) The Russian Federation. 
‘‘(C) The Islamic Republic of Iran. 
‘‘(D) The Democratic People’s Republic of 
Korea.’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) COVERED
UNMANNED
AIRCRAFT
SYSTEM 
COMPANY.—The term ‘covered unmanned aircraft sys-
tem company’ means any of the following: 
‘‘(A) Da-Jiang Innovations (or any sub-
sidiary or affiliate of Da-Jiang Innovations). 
‘‘(B) Any entity that produces or provides 
unmanned aircraft systems and is included on 
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Consolidated Screening List maintained by the 
International Trade Administration of the De-
partment of Commerce. 
‘‘(C) Any entity that produces or provides 
unmanned aircraft systems and— 
‘‘(i) is domiciled in a covered foreign 
country; or 
‘‘(ii) is subject to unmitigated foreign 
ownership, control or influence by a covered 
foreign country, as determined by the Sec-
retary of Defense unmitigated foreign own-
ership, control or influence in accordance 
with the National Industrial Security Pro-
gram (or any successor to such program).’’. 
(b) POLICY REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall issue policy to— 
(1) implement the requirements of section 848 of 
the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92; 10 U.S.C. 4871 
note), as amended by this section, including by estab-
lishing a due diligence process for the Department of 
Defense to make determinations required by sub-
section (b) of such section 848 (as amended by this 
section); and 
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(2) establish an appeal process for any offerors 
or awardees with which the Secretary has not entered 
into a contract or has not extended or renewed a con-
tract pursuant to subsection (b) of such section 848 
(as amended by this section). 
SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE 
CONTRACTING AND PRICING PROCESSES. 
Section 890 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), as most recently amended by section 1831(j)(7) of the 
William M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116–238; 134 
Stat. 4217), is further amended— 
(1) in subsection (a)(2), by striking ‘‘of’’ before 
‘‘chapter 271’’; and 
(2) in subsection (c), by striking ‘‘January 2, 
2023’’ and inserting ‘‘January 2, 2024’’. 
SEC. 819. EXTENSION OF PILOT PROGRAM FOR DISTRIBU-
TION SUPPORT AND SERVICES FOR WEAPONS 
SYSTEMS CONTRACTORS. 
Section 883 of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4292 
note prec.) is amended— 
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(1) in subsection (a), by striking ‘‘six-year pilot 
program’’ and inserting ‘‘seven-year pilot program’’; 
and 
(2) in subsection (g), by striking ‘‘six years’’ and 
inserting ‘‘seven years’’. 
SEC. 820. EXTENSION AND MODIFICATION OF NEVER CON-
TRACT WITH THE ENEMY. 
Subtitle E of title VIII of the Carl Levin and Howard 
P. ‘‘Buck’’ McKeon National Defense Authorization Act for 
Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 4871 
note prec.) is amended— 
(1) in section 841— 
(A) in subsection (i)(1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘2016, 2017, and 
2018’’ and inserting ‘‘2023, and annually 
thereafter’’; and 
(ii) by adding at the end the following 
new subparagraphs: 
‘‘(C) Specific examples where the authorities 
under this section can not be used to mitigate 
national security threats posed by vendors sup-
porting Department operations because of the re-
striction on using such authorities only with re-
spect to contingency operations. 
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‘‘(D) A description of the policies ensuring 
that oversight of the use of the authorities in this 
section is effectively carried out by a single office 
in the Office of the Under Secretary of Defense 
for Acquisition and Sustainment.’’; and 
(B) in subsection (n), by striking ‘‘Decem-
ber 31, 2023’’ and inserting ‘‘December 31, 
2025’’; and 
(2) in section 842(b)(1), by striking ‘‘2016, 2017, 
and 2018’’ and inserting ‘‘2023, 2024, and 2025’’. 
SEC. 821. REPEAL OF REQUIREMENT FOR INSPECTOR GEN-
ERAL OF THE DEPARTMENT OF DEFENSE TO 
CONDUCT CERTAIN REVIEWS. 
Section 847(b) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
1701 note) is amended— 
(1) by striking ‘‘REQUIREMENT.—’’ and all that 
follows through ‘‘Each request’’ and inserting ‘‘RE-
QUIREMENT.—Each request’’; and 
(2) by striking paragraph (2). 
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SEC. 822. MODIFICATION OF CONTRACTS TO PROVIDE EX-
TRAORDINARY RELIEF DUE TO INFLATION 
IMPACTS. 
(a) CONTRACT MODIFICATION AUTHORITY.—The first 
section of Public Law 85–804 (50 U.S.C. 1431) is amend-
ed— 
(1) by striking ‘‘That the President’’ and insert-
ing the following: 
‘‘SECTION 1. (a) That the President’’; 
(2) by striking ‘‘an amount in excess of $50,000’’ 
and inserting ‘‘an amount in excess of $500,000’’; 
(3) by striking ‘‘any amount in excess of 
$25,000,000’’ and inserting ‘‘an amount in excess of 
$150,000,000’’; and 
(4) by inserting after subsection (a) (as added by 
paragraph (1)) the following new subsections: 
‘‘(b) TEMPORARY AUTHORITY TO MODIFY CERTAIN 
CONTRACTS AND OPTIONS BASED ON THE IMPACTS OF IN-
FLATION.—Only amounts specifically provided by an ap-
propriations Act for the purposes detailed in subsections (c) 
and (d) of this section may be used by the Secretary of De-
fense to carry out such subsections. 
‘‘(c)(1) The Secretary of Defense, acting pursuant to 
a Presidential authorization under subsection (a) and in 
accordance with subsection (b)— 
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‘‘(A) may, notwithstanding subsection (e) of sec-
tion 2 of this Act (50 U.S.C. 1432(e)), make an 
amendment or modification to an eligible contract 
when, due solely to economic inflation, the cost to a 
prime contractor of performing such eligible contract 
is greater than the price of such eligible contract; and 
‘‘(B) may not request consideration from such 
prime contractor for such amendment or modifica-
tion. 
‘‘(2) A prime contractor may submit to the Secretary 
of Defense a request for an amendment or modification to 
an eligible contract pursuant to subsection (a) when, due 
solely to economic inflation, the cost to a covered subcon-
tractor of performing an eligible subcontract is greater than 
the price of such eligible subcontract. Such request shall in-
clude a certification that the prime contractor— 
‘‘(A) will remit to such covered subcontractor the 
difference, if any, between the original price of such 
eligible contract and the price of such eligible contract 
if the Secretary of Defense makes an amendment or 
modification pursuant to subsection (a); and 
‘‘(B) will not require such covered subcontractor 
to pay additional consideration or fees related to such 
amendment or modification. 
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‘‘(3) If a prime contractor does not make the request 
described in paragraph (2), a covered subcontractor may 
submit to a contracting officer of the Department of Defense 
a request for an amendment or modification to an eligible 
subcontract when, due solely to economic inflation, the cost 
to such covered subcontractor of performing such eligible 
subcontract is greater than the price of such eligible sub-
contract. 
‘‘(d) Any adjustment or modification made pursuant 
to subsection (c) to an eligible contract or an eligible sub-
contract shall— 
‘‘(1) be contingent upon the continued perform-
ance, as applicable, of such eligible contract or such 
eligible subcontract; and 
‘‘(2) account only for the actual cost of per-
forming such eligible contract or such eligible sub-
contract, but may account for indirect costs of per-
formance, as the Secretary of Defense determines ap-
propriate. 
‘‘(e) The authority under subsections (c) and (d) shall 
be effective during the period beginning on the date of the 
enactment of the National Defense Authorization Act for 
Fiscal Year 2023 and ending on December 31, 2023. 
‘‘(f) In this section: 
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‘‘(1) The term ‘covered subcontractor’ means a 
subcontractor who has entered into an eligible sub-
contract with a prime contractor. 
‘‘(2) The term ‘eligible contract’ means a con-
tract awarded to a prime contractor by the Secretary 
of Defense pursuant to subsection (a). 
‘‘(3) The term ‘eligible subcontract’ means a sub-
contract made under an eligible contract to a covered 
subcontractor.’’. 
(b) GUIDANCE.—Not later than 90 days after the date 
of the enactment of an Act providing appropriations to 
carry out section 1 of Public Law 85–804 (50 U.S.C. 1431) 
(as added by subsection (a)), the Under Secretary of Defense 
for Acquisition and Sustainment shall issue guidance im-
plementing the authority under subsections (b) through (d) 
of section 1 of Public Law 85–804 (50 U.S.C. 1431) (as 
added by subsection (a)). 
Subtitle C—Provisions Relating to 
Acquisition Workforce 
SEC. 831. KEY EXPERIENCES AND ENHANCED PAY AUTHOR-
ITY FOR ACQUISITION WORKFORCE EXCEL-
LENCE. 
(a) PARTICIPATION IN THE PUBLIC-PRIVATE TALENT 
EXCHANGE PROGRAM.— 
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(1) IN GENERAL.—Section 1701a(b) of title 10, 
United States Code, is amended— 
(A) in paragraph (9)(C), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (10), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(11) ensure the participation in the public-pri-
vate talent exchange program established under sec-
tion 1599g of this title of up to 250 members of the 
acquisition workforce in each fiscal year.’’. 
(2) 
TECHNICAL
AMENDMENT.—Section 
1701a(b)(2) of title 10, United States Code, is further 
amended by striking ‘‘as defined’’ and all that follows 
through ‘‘this title’’ and inserting ‘‘as defined in sec-
tion 3001 of this title’’. 
(b) ENHANCED PAY AUTHORITY FOR POSITIONS IN 
DEPARTMENT OF DEFENSE FIELD ACTIVITIES AND DE-
FENSE AGENCIES.—Section 1701b(e)(2) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) NUMBER OF POSITIONS.—The authority in 
subsection (a) may not be used at any one time with 
respect to— 
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‘‘(A) more than five positions, in total, in 
Department of Defense Field Activities and De-
fense Agencies; 
‘‘(B) more than five positions in the Office 
of the Secretary of Defense; and 
‘‘(C) more than five positions in each mili-
tary department.’’. 
(c) REPORT
ON
PUBLIC-PRIVATE
TALENT
EX-
CHANGES.—Section 1599g of title 10, United States Code, 
is amended by adding at the end the following new sub-
section: 
‘‘(k) REPORT.—Each member of the acquisition work-
force that participates in the program established under 
this section shall, upon completion of such participation, 
submit to the President of the Defense Acquisition Univer-
sity for inclusion in the report required under section 
1746a(e) a description and evaluation of such participa-
tion.’’. 
SEC. 832. DEFENSE ACQUISITION UNIVERSITY REFORMS. 
(a) IN GENERAL.—Section 1746 of title 10, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) by amending paragraph (2) to read as 
follows: 
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‘‘(2) The Secretary of Defense shall ensure the defense 
acquisition university structure includes relevant expert lec-
turers from extramural institutions (as defined in section 
1746a(g) of this title), industry, or federally funded research 
and development centers to advance acquisition workforce 
competence regarding commercial business interests, acqui-
sition process-related innovations, and other relevant lead-
ing practices of the private sector.’’; 
(B) by striking paragraph (3); and 
(C) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively; 
(2) in subsection (c), by striking ‘‘commercial 
training providers’’ and inserting ‘‘extramural insti-
tutions (as defined in section 1746a(g) of this title)’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) PRESIDENT APPOINTMENT.—(1) The Under Sec-
retary of Defense for Acquisition and Sustainment shall ap-
point the President of the Defense Acquisition University. 
‘‘(2) When determining who to appoint under para-
graph (1), the Under Secretary of Defense for Acquisition 
and Sustainment shall, in consultation with the Under Sec-
retary of Defense for Research and Engineering and the 
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service acquisition executives, prioritize highly qualified 
candidates who demonstrate a combination of the following: 
‘‘(A) Leadership abilities. 
‘‘(B) Experience using leading practices to de-
velop talent in the private sector. 
‘‘(C) Other qualifying factors, including experi-
ence with and an understanding of the defense acqui-
sition system (as defined in section 3001 of this title), 
an understanding of emerging technologies and the 
defense applications of such technologies, experience 
partnering with States, national associations, and 
academia, and experience with learning technologies. 
‘‘(3) The term of the President of the Defense Acquisi-
tion University shall be not more than five years, unless 
the Under Secretary of Defense for Acquisition and 
Sustainment determines it necessary to extend the term for 
up to an additional five years. The preceding sentence does 
not apply to the President of the Defense Acquisition Uni-
versity serving on January 1, 2022.’’. 
(b) IMPLEMENTATION REPORT.—Not later than March 
1, 2023, the Secretary of Defense shall submit to the congres-
sional defense committees a plan to modify the defense ac-
quisition university structure to comply with section 
1746(b)(2) of title 10, United States Code, as amended by 
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subsection (a). Such plan shall establish a date of not later 
than March 1, 2026, for such modification to be completed. 
SEC. 833. MODIFICATIONS TO DEFENSE CIVILIAN TRAINING 
CORPS. 
Section 2200g of title 10, United States Code, is 
amended— 
(1) by striking ‘‘For the purposes of’’ and all 
that follows through ‘‘establish and maintain’’ and 
inserting the following: ‘‘The Secretary of Defense, 
acting through the Under Secretary for Defense for 
Acquisition and Sustainment, shall establish and 
maintain’’; 
(2) by designating the text of such section, as 
amended by paragraph (1), as subsection (a); and 
(3) by adding at the end the following new sub-
sections: 
‘‘(b) PURPOSE.—The purpose of the Defense Civilian 
Training Corps is to target critical skills gaps necessary 
to achieve the objectives of the national defense strategies 
required by section 113(g) of this title and the national se-
curity strategies required by section 108 of the National Se-
curity Act of 1947 (50 U.S.C. 3043) by preparing students 
selected for the Defense Civilian Training Corps for Depart-
ment of Defense careers relating to acquisition, digital tech-
nologies, critical technologies, science, engineering, finance, 
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and other civilian occupations determined by the Secretary 
of Defense. 
‘‘(c) USE
OF
RESOURCES
AND
PROGRAMS.—The 
Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment may leverage the resources and programs of 
the acquisition research organization within a civilian col-
lege or university that is described under section 4142(a) 
of this title (commonly referred to as the ‘Acquisition Inno-
vation Research Center’) to carry out the requirements of 
this chapter.’’. 
SEC. 834. ACQUISITION WORKFORCE INCENTIVES RELAT-
ING TO TRAINING ON, AND AGREEMENTS 
WITH, CERTAIN START-UP BUSINESSES. 
(a) TRAINING.— 
(1) CURRICULA.—Not later than one year after 
the date of the enactment of this Act, the Director of 
the Acquisition Innovation Research Center shall 
make recommendations on one or more curricula for 
members of the acquisition workforce on financing 
and operations of start-up businesses, which may in-
clude the development of new curricula, the modifica-
tion of existing curricula, or the adoption of curricula 
from another agency, academia, or the private sector. 
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(2) ELEMENTS.—Courses under curricula rec-
ommended under paragraph (1) shall be offered with 
varying course lengths and level of study. 
(3) INCENTIVES.—The Secretary of Defense shall 
develop a program to offer incentives to a member of 
the acquisition workforce that completes a curriculum 
developed, modified, or adopted under paragraph (1). 
(4) ADDITIONAL TRAINING MATERIALS.—In rec-
ommending curricula under paragraph (1), the Direc-
tor of the Acquisition Innovation Research Center 
shall consider and incorporate appropriate training 
materials from university, college, trade-school, or 
private-sector curricula in business, law, or public 
policy. 
(b) EXCHANGES.— 
(1) IN GENERAL.—The Secretary of Defense shall 
establish a pilot program under which the Secretary 
shall, in accordance with section 1599g of title 10, 
United States Code, arrange for the temporary as-
signment of— 
(A) one or more members of the acquisition 
workforce to a start-up business; or 
(B) an employee of a start-up business to 
an office of the Department of Defense. 
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(2) PRIORITY.—The Secretary shall prioritize for 
participation in the pilot program described under 
paragraph (1)(A) members of the acquisition work-
force who have completed a curriculum required 
under paragraph (1). 
(3) TERMINATION.—The Secretary may not 
carry out the pilot program authorized by this sub-
section after the date that is three years after the date 
of the enactment of this Act. 
(c) CONFERENCES.—The Secretary of Defense shall 
identify existing conferences sponsored by the Department 
of Defense that might be expanded to include opportunities 
for sharing knowledge and best practices on software acqui-
sition issues. Such opportunities shall maximize participa-
tion between members of the acquisition workforce, employ-
ees of start-up businesses, and investors in start-up busi-
nesses. 
(d) PILOT PROGRAM.— 
(1) ESTABLISHMENT.—Not later than 18 months 
after the date of the enactment of this Act, the Sec-
retary of Defense shall establish a pilot program to 
test the feasibility of innovative approaches to negoti-
ating and establishing intellectual property and data 
rights in agreements with start-up businesses for the 
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procurement of software and software-embedded sys-
tems. 
(2) AUTHORITY.—To the maximum extent prac-
ticable, the Secretary shall— 
(A) ensure that a member of the acquisition 
workforce who has completed a curriculum re-
quired under subsection (a) is able to exercise 
authority to apply an approach described in 
paragraph (1); and 
(B) provide incentives to such member to 
exercise such authority. 
(3) ELEMENTS.—An approach described in 
paragraph (1) shall include the following: 
(A) Flexible and tailored requirements re-
lating to the acquisition and licensing of intellec-
tual property and data rights in the software 
and software-embedded systems to be acquired 
under the agreement. 
(B) An identification and definition of the 
technical interoperability standards required for 
such software and software-embedded systems. 
(C) Flexible mechanisms for access and de-
livery of code for such software, including docu-
mentation of the costs and benefits of each such 
mechanism. 
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(4) TERMINATION.—The Secretary may not 
carry out the pilot program authorized by this sub-
section after the date that is 5 years after the date of 
the enactment of this Act. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Acquisition Innovation Research 
Center’’ means the acquisition research organization 
within a civilian college or university that is de-
scribed under section 4142(a) of title 10, United 
States Code. 
(2) The term ‘‘acquisition workforce’’ has the 
meaning given in section 101 of title 10, United 
States Code. 
(3) The term ‘‘start-up business’’ means a small 
business that has been in existence for 5 years or less. 
SEC. 835. CURRICULA ON SOFTWARE ACQUISITIONS AND 
CYBERSECURITY SOFTWARE OR HARDWARE 
ACQUISITIONS FOR COVERED INDIVIDUALS. 
(a) CURRICULA.—The President of the Defense Acqui-
sition University, shall supplement existing training cur-
ricula related to software acquisitions and cybersecurity 
software or hardware acquisitions and offer such curricula 
to covered individuals to increase digital literacy related 
to such acquisitions by developing the ability of such cov-
ered individuals to use technology to identify, critically 
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evaluate, and synthesize data and information related to 
such acquisitions. 
(b) ELEMENTS.—Curricula developed pursuant to sub-
section (a) shall provide information on— 
(1) cybersecurity, information technology sys-
tems, computer networks, cloud computing, artificial 
intelligence, machine learning, distributed ledger tech-
nologies, and quantum technologies; 
(2) cybersecurity threats and capabilities; 
(3) activities that encompass the full range of 
threat reduction, vulnerability reduction, deterrence, 
incident response, resiliency, and recovery policies 
and activities, including activities relating to com-
puter network operations, information assurance, 
military missions, and intelligence missions to the ex-
tent such activities relate to the security and stability 
of cyberspace; and 
(4) the industry best practices relating to soft-
ware acquisitions and cybersecurity software or hard-
ware acquisitions. 
(c) PLAN.—Not later than 180 days after enactment 
of this Act, the Secretary of Defense, in consultation with 
the President of the Defense Acquisition University, shall 
submit to Congress a comprehensive plan to implement the 
curricula developed under subsection (a) that includes a 
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comparison with similar existing training curricula. Such 
plan shall include a list of resources required for and costs 
associated with such implementation, including— 
(1) curriculum development; 
(2) hiring instructors to teach the curriculum; 
(3) facilities; or 
(4) website development. 
(d) IMPLEMENTATION.—Not later than one year after 
the date on which the plan described in subsection (d) is 
submitted to the Committees on Armed Services of the Sen-
ate and House of Representatives, the President of the De-
fense Acquisition University shall offer the curricula devel-
oped under subsection (a) to covered individuals. 
(e) REPORT.—Not later than one year after the date 
on which the plan described in subsection (d) is submitted 
to the Committees on Armed Services of the Senate and 
House of Representatives, the Secretary of Defense, in con-
sultation with the President of the Defense Acquisition Uni-
versity, shall submit to Congress a report assessing the costs 
and benefits of requiring all covered individuals to complete 
the curricula developed under subsection (a). 
(f) COVERED INDIVIDUALS DEFINED.—In this section, 
the term ‘‘covered individuals’’ means an individual serv-
ing in a position designated under section 1721(b) of title 
10, United States Code, who is regularly consulted for soft-
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ware acquisitions or cybersecurity software or hardware ac-
quisitions. 
SEC. 836. DEPARTMENT OF DEFENSE NATIONAL IMPERA-
TIVE FOR INDUSTRIAL SKILLS PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense, acting 
through the Industrial Base Analysis and Sustainment pro-
gram of the Department of Defense, shall evaluate and fur-
ther develop workforce development training programs (as 
defined by the Secretary of Defense) for training the skilled 
industrial workers (as defined by the Secretary of Defense) 
that are needed in the defense industrial base through the 
National Imperative for Industrial Skills program of the 
Department of Defense (or a successor program). 
(b) PRIORITIES.—In carrying out this section, the Sec-
retary shall prioritize workforce development training pro-
grams that— 
(1) are innovative, lab-based, or experientially- 
based; 
(2) rapidly train skilled industrial workers for 
employment with entities in the defense industrial 
base faster than traditional workforce development 
training programs and at the scale needed to measur-
ably reduce, as rapidly as possible, the shortages of 
skilled industrial workers in the defense industrial 
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base, including modernization of required equipment 
and training curricula; 
(3) recruit skilled industrial workers who are 
manufacturing workers from underrepresented com-
munities; 
(4) provide students and skilled industrial work-
ers with the support needed to successfully participate 
in the defense industrial base; 
(5) address the specific manufacturing require-
ments and skills that are unique to critical industrial 
sectors of the defense industrial base as defined by the 
Secretary of Defense, such as naval shipbuilding; and 
(6) with respect to Federal workforce develop-
ment training programs in existence on or before the 
date of the enactment of this Act— 
(A) maximize the use of such Federal work-
force development training programs; or 
(B) expand on the activities of such Federal 
workforce development training programs. 
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Subtitle D—Provisions Relating to 
Software and Technology 
SEC. 841. GUIDELINES AND RESOURCES ON THE ACQUISI-
TION 
OR 
LICENSING 
OF 
INTELLECTUAL 
PROPERTY. 
Section 3791 of title 10, United States Code, is amend-
ed— 
(1) in the section heading, by striking ‘‘depart-
ment of defense’’ and inserting ‘‘Department of De-
fense’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) GUIDELINES AND RESOURCES.— 
‘‘(1) IN
GENERAL.—The Secretary of Defense, 
acting through the Under Secretary of Defense for Ac-
quisition and Sustainment, shall develop guidelines 
and resources on the acquisition or licensing of intel-
lectual property, including— 
‘‘(A) intellectual property strategies and 
other mechanisms supporting the use of modular 
open system approaches (as defined in section 
4401(b) of this title); 
‘‘(B) evaluation and negotiation of intellec-
tual property licenses in competitive and non- 
competitive awards; 
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774 
‘‘(C) models and best practices for specially 
negotiated licenses, including specially nego-
tiated licenses described in section 3774(c) of this 
title; and 
‘‘(D) definitions, key terms, examples, and 
case studies that clarify differences between— 
‘‘(i) detailed manufacturing and proc-
ess data; 
‘‘(ii) form, fit, and function data; 
‘‘(iii) data required for operations, 
maintenance, installation, and training; 
‘‘(iv) modular system interfaces (as de-
fined in section 4401(b) of this title); and 
‘‘(v) technical data pertaining to an 
interface between an item or process and 
other items or processes necessary for the 
segregation of an item or process from, or 
the reintegration of that item or process (or 
a functionally equivalent item or process) 
with, other items or processes. 
‘‘(2) GUIDELINES AND RESOURCES LIMIT.—The 
guidelines and resources developed under paragraph 
(1) may not alter or affect any authority or duty 
under this section or section 1707 of this title. 
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775 
‘‘(3) REVIEW
AND
CONSULTATION.—In devel-
oping the guidelines and resources described in para-
graph (1), the Secretary shall— 
‘‘(A) review the applicable statutory and 
regulatory history, including among the defini-
tions and key terms in section 3771 of this title, 
to ensure consistency; and 
‘‘(B) regularly consult with appropriate 
government and industry persons and organiza-
tions. 
‘‘(4) TRAINING.—The Secretary of Defense shall 
ensure that the acquisition workforce receives training 
on the guidelines and resources developed under para-
graph (1).’’. 
SEC. 842. MODIFICATION OF AUTHORITY OF THE DEPART-
MENT OF DEFENSE TO CARRY OUT CERTAIN 
PROTOTYPE PROJECTS. 
Section 4022 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a)(2)— 
(A) by striking ‘‘, and any follow-on pro-
duction contract or transaction that is awarded 
pursuant to subsection (f),’’ both places it ap-
pears; 
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788 
SEC. 854. MODIFICATIONS TO THE PROCUREMENT TECH-
NICAL ASSISTANCE PROGRAM. 
(a) 
ADMINISTRATIVE
AND
OTHER
LOGISTICAL 
COSTS.—Section 4961 of title 10, United States Code, is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘Director of the Defense Logistics Agency’’ 
and inserting ‘‘Secretary’’; 
(2) in paragraph (1), by striking ‘‘three’’ and 
inserting ‘‘four’’; and 
(3) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘Director’’ and inserting ‘‘Sec-
retary’’; and 
(B) in subparagraph (A), by inserting ‘‘, 
including meetings of an association recognized 
under section 4954(f),’’ after ‘‘meetings’’. 
(b) COOPERATIVE AGREEMENTS.—Section 4954 of title 
10, United States Code, is amended by adding at the end 
the following new subsections: 
‘‘(f) ASSOCIATION RECOGNITION AND DUTIES.—Eligi-
ble entities that provide procurement technical assistance 
pursuant to this chapter may form an association to pursue 
matters of common concern. If more than a majority of such 
eligible entities are members of such an association, the Sec-
retary shall— 
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795 
‘‘(E) a small business concern owned and 
controlled by women, as defined in section 
8(d)(3)(D) of the Small Business Act (15 U.S.C. 
637(d)(3)(D)); 
‘‘(F) a small business concern owned and 
controlled by service–disabled veterans (as de-
fined in section 8(d)(3) of the Small Business 
Act (15 U.S.C. 637(d)(3))); 
‘‘(G) a qualified HUBZone small business 
concern (as defined in section 31(b) of the Small 
Business Act (15 U.S.C. 657a(b))); or 
‘‘(H) a small business concern that— 
‘‘(i) is a nontraditional defense con-
tractor, as such term is defined in section 
3014 of this title; or 
‘‘(ii) currently provides goods or serv-
ices in the private sector that are critical to 
enhancing the capabilities of the defense 
supplier base and fulfilling key Department 
of Defense needs. 
‘‘(3) The term ‘historically Black college and 
university’ means any of the historically Black col-
leges and universities referred to in section 2323 of 
this title, as in effect on March 1, 2018. 
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913 
(b) ACCESS TO CERTAIN FACILITIES OF DEPARTMENT 
OF DEFENSE.—Section 732 of the National Defense Author-
ization Act for Fiscal Year 2022 (Public Law 117–81; 135 
Stat. 1797; 10 U.S.C. 1071 note) is amended— 
(1) in the section heading, by striking ‘‘UNITED 
STATES GOVERNMENT EMPLOYEES AND THEIR 
FAMILY MEMBERS’’ and inserting ‘‘COVERED IN-
DIVIDUALS’’; 
(2) in subsection (a), by striking ‘‘employees of 
the United States Government and their family mem-
bers who’’ and inserting ‘‘covered individuals whom’’; 
(3) in subsection (c), by striking ‘‘employees 
from those agencies and their family members’’ and 
inserting ‘‘covered individuals’’; 
(4) in subsection (d)— 
(A) by striking ‘‘employees of the United 
States Government and their family members’’ 
and inserting ‘‘covered individuals’’; and 
(B) by striking ‘‘subject to an agreement by 
the employing agency and the consent of the em-
ployee’’ and inserting ‘‘subject to the consent of 
the covered individual and, if applicable, an 
agreement with the employing agency’’; and 
(5) by adding at the end the following new sub-
section: 
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