882 
‘‘(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. 822. REQUIRE FULL DOMESTIC PRODUCTION OF 
FLAGS OF THE UNITED STATES ACQUIRED BY 
THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Section 4862 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by inserting ‘‘and in sub-
section (l)’’ after ‘‘subsections (c) through (h)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(l) FLAG
OF
THE
UNITED
STATES.—Notwith-
standing subsection (a), funds appropriated or otherwise 
available to the Department of Defense may not be used 
for the procurement of a flag of the United States unless 
such flag is manufactured—
883 
‘‘(1) in the United States; and 
‘‘(2) from articles, materials, and supplies 
grown, mined, produced, or manufactured in the 
United States.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply only with respect to contracts en-
tered into on or after the date of the enactment of this 
Act. 
SEC. 823. GUIDELINES AND RESOURCES ON THE ACQUISI-
TION 
OR 
LICENSING 
OF 
INTELLECTUAL 
PROPERTY. 
Section 3791 of title 10, United States Code, is 
amended 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 
Acquisition and Sustainment, shall develop guide-
lines and resources on the acquisition or licensing of 
intellectual property, including— 
‘‘(A) model forms for specially negotiated 
licenses described under section 3774(c) of this 
title (as appropriate); and
884 
‘‘(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 
persons.’’. 
SEC. 824. COMPLIANCE PROCEDURES FOR INVESTIGATING 
THE PROHIBITION ON CRIMINAL HISTORY IN-
QUIRIES BY FEDERAL CONTRACTORS PRIOR 
TO CONDITIONAL OFFER. 
(a) DEFENSE CONTRACTS.—Section 4657 of title 10, 
United States Code, is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) COMPLIANCE.— 
‘‘(1) PROCEDURES FOR SUBMISSION OF COM-
PLAINT.—The Secretary of Defense shall establish, 
and make available to the public, procedures under 
which an applicant for a position with a Department
885 
of Defense contractor may submit to the Secretary 
a complaint, or any other information, relating to 
compliance by the contractor with subsection 
(a)(1)(B). 
‘‘(2) INVESTIGATION OF COMPLIANCE.—In ad-
dition to the authority to investigate compliance by 
a contractor with subsection (a)(1)(B) pursuant to a 
complaint submitted under paragraph (1) of this 
subsection, the Secretary of Defense may investigate 
compliance with subsection (a)(1)(B) in conducting 
a compliance evaluation under section 60–1.20, 60– 
300.60, or 60–741.60 of title 41, Code of Federal 
Regulations (or any successor regulation).’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘, based upon the re-
sults of a complaint investigation or com-
pliance evaluation conducted by the Sec-
retary of Defense under section 60–1.20, 
60–300.60, or 60–741.60 of title 41, Code 
of Federal Regulations (or any successor 
regulation)’’ after ‘‘determines’’; 
(ii) in subparagraph (C), by striking 
‘‘warning’’ and inserting ‘‘notice’’; and 
(B) in paragraph (2)—
886 
(i) by inserting ‘‘, based upon the re-
sults of a complaint investigation or com-
pliance evaluation conducted by the Sec-
retary of Defense under section 60–1.20, 
60–300.60, or 60–741.60 of title 41, Code 
of Federal Regulations (or any successor 
regulation),’’ after ‘‘determines’’; 
(ii) by inserting ‘‘as may be nec-
essary’’ after ‘‘Federal agencies’’; and 
(iii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) taking an action to impose a sanction 
described under section 202(7) of Executive 
Order 11246 (related to equal employment op-
portunity) and section 60–1.27 of title 41, Code 
of Federal Regulations (or any successor regu-
lation).’’. 
(b) CIVILIAN AGENCY CONTRACTS.—Section 4714(b) 
of title 41, United States Code, is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) COMPLIANCE.— 
‘‘(1) PROCEDURES FOR SUBMISSION OF COM-
PLAINT.—The Secretary of Labor shall establish, 
and make available to the public, procedures under
887 
which an applicant for a position with a Federal 
contractor may submit to the Secretary a complaint, 
or any other information, relating to compliance by 
the contractor with subsection (a)(1)(B). 
‘‘(2) INVESTIGATION OF COMPLIANCE.—In ad-
dition to the authority to investigate compliance by 
a contractor with subsection (a)(1)(B) pursuant to a 
complaint submitted under paragraph (1) of this 
subsection, the Secretary of Labor may investigate 
compliance with subsection (a)(1)(B) in conducting 
a compliance evaluation under section 60–1.20, 60– 
300.60, or 60–741.60 of title 41, Code of Federal 
Regulations (or any successor regulation).’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘head of an executive 
agency’’ 
and 
inserting 
‘‘Secretary 
of 
Labor’’; 
(ii) by inserting ‘‘, based upon the re-
sults of a complaint investigation or com-
pliance evaluation conducted by the Sec-
retary of Labor under section 60–1.20, 
60–300.60, or 60–741.60 of title 41, Code 
of Federal Regulations (or any successor 
regulation)’’ after ‘‘determines’’;
888 
(iii) by striking ‘‘such head’’ and in-
serting ‘‘the Secretary of Labor’’; and 
(iv) in subparagraph (C), by striking 
‘‘warning’’ and inserting ‘‘notice’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘head of an executive 
agency’’ 
and 
inserting 
‘‘Secretary 
of 
Labor’’; 
(ii) by inserting ‘‘, based upon the re-
sults of a complaint investigation or com-
pliance evaluation conducted by the Sec-
retary of Labor under section 60–1.20, 
60–300.60, or 60–741.60 of title 41, Code 
of Federal Regulations (or any successor 
regulation),’’ after ‘‘determines’’; 
(iii) by striking ‘‘such head’’ and in-
serting ‘‘the Secretary of Labor’’; 
(iv) by inserting ‘‘as may be nec-
essary’’ after ‘‘Federal agencies’’; and 
(v) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) taking an action to impose a sanction 
described under section 202(7) of Executive 
Order 11246 (related to equal employment op-
portunity) and section 60–1.27 of title 41, Code
889 
of Federal Regulations (or any successor regu-
lation).’’. 
(c) EFFECTIVE DATE.—This Act, and the amend-
ments made by this Act, shall apply with respect to con-
tracts awarded on or after December 20, 2022. 
SEC. 825. REESTABLISHMENT OF COMMISSION ON WAR-
TIME CONTRACTING. 
(a) IN GENERAL.—There is hereby reestablished in 
the legislative branch under section 841 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 230) the Commission on War-
time Contracting. 
(b) AMENDMENT TO DUTIES.—Section 841(c)(1) of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 231) is amended 
to read as follows: 
‘‘(1) GENERAL DUTIES.—The Commission shall 
study the following matters: 
‘‘(A) Federal agency contracting funded by 
overseas contingency operations funds. 
‘‘(B) Federal agency contracting for the 
logistical support of coalition forces operating 
under the authority of the 2001 or 2002 Au-
thorization for the Use of Military Force.
890 
‘‘(C) Federal agency contracting for the 
performance of security functions in countries 
where coalition forces operate under the author-
ity of the 2001 or 2002 Authorization for the 
Use of Military Force.’’. 
(c) CONFORMING AMENDMENTS.—Section 841 of the 
National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 230) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘the 
Committee on Oversight and Government Re-
form’’ each place it appears and inserting ‘‘the 
Committee on Oversight and Reform’’; 
(B) in paragraph (2), by striking ‘‘of this 
Act’’ and inserting ‘‘of the date of the enact-
ment of the National Defense Authorization Act 
for Fiscal Year 2023’’; and 
(C) in paragraph (4), by striking ‘‘was 
first established’’ each place it appears and in-
serting ‘‘was reestablished by the National De-
fense Authorization Act for Fiscal Year 2023’’; 
and 
(2) in subsection (d)(1), by striking ‘‘On March 
1, 2009’’ and inserting ‘‘Not later than one year
891 
after the date of enactment of the National Defense 
Authorization Act for Fiscal Year 2023’’. 
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.— 
(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 participation in the public-private 
talent exchange program established under section 
1599g of this title— 
‘‘(A) for a total of 100 members of the ac-
quisition workforce in fiscal year 2024; 
‘‘(B) for a total of 500 such members in 
fiscal year 2025; and
892 
‘‘(C) for a total of 1,000 such members in 
fiscal year 2026 and each fiscal year there-
after.’’. 
(2) 
TECHNICAL
AMENDMENT.—Section 
1701a(b)(2) of title 10, United States Code, is fur-
ther amended by striking ‘‘as defined’’ and all that 
follows through ‘‘this title’’ and inserting ‘‘as defined 
in section 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— 
‘‘(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 REQUIREMENTS.— 
(1) REPORT ON PUBLIC-PRIVATE TALENT EX-
CHANGES.—Section 1599g of title 10, United States
893 
Code, is amended by adding at the end the following 
new subsection: 
‘‘(k) REPORT.—Each member of the acquisition 
workforce that participates in the program established 
under this section shall, upon completion of such partici-
pation, submit to the President of the Defense Acquisition 
University for inclusion in the report required under sec-
tion 1746a(e) a description and evaluation of such partici-
pation.’’. 
(2) REPORT ON ACQUISITION WORKFORCE EDU-
CATIONAL PARTNERSHIPS.—Section 1746a(e) of title 
10, United States Code, is amended by striking 
‘‘and the congressional defense committees’’ and in-
serting ‘‘, the congressional defense committees, the 
Committee on Oversight and Reform of the House 
of Representatives, and the Committee on Homeland 
Security and Government Affairs of the Senate’’. 
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: 
‘‘(2) The Secretary of Defense shall ensure the de-
fense acquisition university structure includes relevant ex-
894 
pert lecturers from extramural institutions (as defined in 
section 1746a(g) of this title), industry, or federally fund-
ed research and development centers to advance acquisi-
tion workforce competence regarding commercial business 
interests, acquisition process-related innovations, and 
other relevant leading 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 
Secretary of Defense for Acquisition and Sustainment 
shall appoint 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 
Secretary of Defense for Research and Engineering and 
the service acquisition executives, consider only highly 
qualified candidates who have—
895 
‘‘(A) demonstrated leadership abilities; 
‘‘(B) experience using leading practices to de-
velop talent in the private sector; and 
‘‘(C) other qualifying factors, including experi-
ence with and an understanding of the defense ac-
quisition 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 associa-
tions, and academia, and experience with learning 
technologies. 
‘‘(3) The term of the President of the Defense Acqui-
sition University shall be not more than five years. The 
preceding sentence does not apply to the President of the 
Defense Acquisition University serving on January 1, 
2022.’’. 
(b) IMPLEMENTATION
REPORT.—Not later than 
March 1, 2023, the Secretary of Defense shall submit to 
the congressional defense committees a plan to modify the 
defense acquisition university structure to comply with 
section 1746(b)(2) of title 10, United States Code, as 
amended by subsection (a). Such plan shall establish a 
date of not later than March 1, 2026, for such modifica-
tion to be completed.
896 
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 each national defense strategy 
required by section 113(g) of this title and each national 
security strategy required by section 108 of the National 
Security Act of 1947 (50 U.S.C. 3043) by preparing stu-
dents selected for the Defense Civilian Training Corps for 
Department of Defense careers relating to acquisition, 
digital technologies, critical technologies, science, engi-
neering, finance, and other civilian occupations deter-
mined by the Secretary of Defense.
897 
‘‘(c) USE
OF RESOURCES
AND PROGRAMS.—The 
Under Secretary of Defense for Acquisition and 
Sustainment shall use the resources and programs of the 
acquisition research organization within a civilian college 
or university that is described under section 4142(a) of 
this title (commonly referred to as the ‘Acquisition Innova-
tion Research Center’) to carry out the requirements of 
this chapter. 
‘‘(d) CONSULTATION.—In planning and imple-
menting the Defense Civilian Training Corps program, the 
Under Secretary of Defense for Acquisition and 
Sustainment shall consult with the following: 
‘‘(1) The Under Secretary of Defense for Re-
search and Engineering, including the Director of 
the Defense Innovation Unit and the Strategic En-
gagements Director of the National Security Innova-
tion Network. 
‘‘(2) The Chief Digital and Artificial Intel-
ligence Officer (as established by the memorandum 
of the Deputy Secretary of Defense titled ‘Establish-
ment of the Chief Digital and Artificial Intelligence 
Officer’ issued on December 8, 2021). 
‘‘(3) The Chief Information Officer of the De-
partment of Defense.
898 
‘‘(4) The Under Secretary of Defense for Per-
sonnel and Readiness. 
‘‘(5) The Secretaries of the military depart-
ments. 
‘‘(6) The Superintendents of the Service Acad-
emies (as defined in section 347 of this title). 
‘‘(7) The Commanding General, U.S. Army 
Cadet Command. 
‘‘(8) The Commander, Jeanne M. Holm Center 
for Officer Accessions and Citizen Development. 
‘‘(9) The Commander, Naval Service Training 
Command.’’. 
SEC. 834. REPEAL OF CERTAIN PROVISIONS RELATING TO 
ACQUISITION WORKFORCE INCENTIVES. 
(a) EXCHANGE PROGRAM FOR ACQUISITION WORK-
FORCE EMPLOYEES.—Section 884 of the National De-
fense Authorization Act for Fiscal Year 2019 (Public Law 
115–232; 132 Stat. 1915; 10 U.S.C. 1701 note) is re-
pealed. 
(b) PILOT PROGRAM ON TEMPORARY EXCHANGE OF 
FINANCIAL
MANAGEMENT
AND
ACQUISITION
PER-
SONNEL.—Section 1110 of the National Defense Author-
ization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) 
is repealed.
959 
Agency under the pilot program back to the innova-
tive technology company. 
(2) DENIAL
OF
FACILITY
CLEARANCE.—Not 
later than 10 days after an innovative technology 
company is denied facility clearance, the Defense 
Counterintelligence and Security Agency shall re-
lease any personal clearances of employees of the in-
novative technology company held by the Defense 
Counterintelligence and Security Agency under the 
pilot program. 
(d) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, and an-
nually thereafter, the Under Secretary of Defense 
for Research and Engineering and the Under Sec-
retary of Defense for Intelligence and Security shall 
jointly submit to the congressional defense commit-
tees, the Permanent Select Committee on Intel-
ligence of the House of Representatives, and the Se-
lect Committee on Intelligence of the Senate a re-
port on the progress of the pilot program. 
(2) CONTENTS.—Each report required under 
paragraph (1) shall include— 
(A) an assessment of—