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identified violations of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et seq.) or equiva-
lent State laws by the offeror, and by any covered 
subcontractors. 
(2) RESPONSIBILITY DETERMINATION.—The con-
tracting officer shall consider violations described in 
paragraph (1) in determining whether the offeror is 
a responsible source with a satisfactory record of per-
formance that meets mission and ethical standards. 
(3) REFERRAL OF INFORMATION TO SUSPENSION 
AND DEBARMENT OFFICIALS.—As appropriate, a con-
tracting officer shall refer matters related to viola-
tions described in paragraph (1) to the Department 
of Defense’s suspension and debarment official in ac-
cordance with Department procedures. 
(b) CONTRACTOR RIGHTS.—The Secretary of Defense 
shall establish policies and practices— 
(1) ensuring that when making responsibility de-
terminations, contracting officers request that con-
tractors provide any and all information the contrac-
tors deem necessary to demonstrate responsibility 
prior to final determinations; 
(2) establishing mechanisms for contractors to 
have an expedited process to review any information
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used to support determinations of non-responsibility; 
and 
(3) establishing mechanisms for contractors to 
have an expedited process to appeal determinations of 
non-responsibility. 
(c) PROTEST RIGHTS.—The Secretary of Defense shall 
protect the rights of contractors to protest bids and appeal 
actions taken pursuant to this section. 
(d) TRAINING AND GUIDANCE.—The Secretary of De-
fense shall develop and provide clear training and guidance 
to acquisition officials, contracting officers, and current 
and potential contractors regarding implementation poli-
cies and practices for this section. 
(e) COMPTROLLER GENERAL REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the De-
partment of Defense and the congressional defense 
committees a report on the health and safety records 
of Department of Defense contractors. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following elements: 
(A) A description of the Department of De-
fense’s existing procedures to evaluate the safety
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and health records of current and prospective 
contractors. 
(B) An evaluation of the Department’s ad-
herence to those procedures. 
(C) An assessment of the current incidence 
of health and safety violations by Department 
contractors. 
(D) An assessment of whether the Depart-
ment of Labor has the resources to investigate 
and identify safety and health violations by De-
partment of Defense contractors. 
(E) An assessment of whether the Depart-
ment of Labor should consider assuming an ex-
panded investigatory role or a targeted enforce-
ment program for ensuring the safety and health 
of workers under Department of Defense con-
tracts. 
(f) DEFINITIONS.—In this section: 
(1) COVERED
CONTRACT.—The term ‘‘covered 
contract’’ means a Department of Defense contract for 
the procurement of property or services, including 
construction, valued in excess of $1,000,000. 
(2) COVERED SUBCONTRACTOR.—The term ‘‘cov-
ered subcontractor’’ means a subcontractor listed in 
the bid for a covered contract or known by the De-
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partment of Defense to be a subcontractor of the offer-
or. 
SEC. 831. DEPARTMENT OF DEFENSE PROMOTION OF CON-
TRACTOR COMPLIANCE WITH EXISTING LAW. 
It is the sense of Congress that— 
(1) the Department of Defense should aim to en-
sure that parties contracting with the Federal Gov-
ernment abide by existing law, including worker pro-
tection laws; 
(2) worker protection laws, including chapter 43 
of title 38, United States Code (commonly known as 
the ‘‘Uniformed Services Employment and Reemploy-
ment Rights Act of 1994’’ or ‘‘USERRA’’) and the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.), were enacted to ensure equitable work-
place practices; 
(3) identifying and helping to improve the com-
pliance of contractors with worker protection viola-
tions will help avoid setbacks and delays stemming 
from contracting with noncompliant contractors; and 
(4) the Secretary of Defense has the authority to 
ensure contractors’ compliance with existing laws and 
should establish a goal to work with responsible con-
tractors who are in compliance with worker protec-
tion laws.
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Subtitle C—Provisions Relating to 
Major Defense Acquisition Pro-
grams 
SEC. 835. REVISIONS TO DEFINITION OF MAJOR DEFENSE 
ACQUISITION PROGRAM. 
Section 2430(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)(B), by inserting ‘‘in the 
case of a program that is not a program for the ac-
quisition of an automated information system (either 
a product or a service),’’ after ‘‘(B)’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘does not include an acqui-
sition program’’ and inserting the following: 
‘‘does not include— 
‘‘(A) an acquisition program’’; and 
(B) by striking the period at the end and 
inserting the following: ‘‘; or 
‘‘(B) an acquisition program for a defense busi-
ness system (as defined in section 2222(i)(1) of this 
title) carried out using the acquisition guidance 
issued pursuant to section 883(e) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 10 U.S.C. 2223a note).’’.
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SEC. 836. PROHIBITION ON USE OF LOWEST PRICE TECH-
NICALLY ACCEPTABLE SOURCE SELECTION 
PROCESS FOR MAJOR DEFENSE ACQUISITION 
PROGRAMS. 
(a) PROHIBITION.— 
(1) IN
GENERAL.—Chapter 144 of title 10, 
United States Code, is amended by inserting after sec-
tion 2441 the following new section: 
‘‘§ 2442. Prohibition on use of lowest price technically 
acceptable source selection process 
‘‘(a) IN GENERAL.—The Department of Defense shall 
not use a lowest price technically acceptable source selection 
process for the development contract of a major defense ac-
quisition program. 
‘‘(b) NOTIFICATION.—(1) The Secretary of Defense 
shall submit to the congressional defense committees a noti-
fication of the source selection process that the Department 
of Defense plans to use for the development contract of a 
major defense acquisition program. 
‘‘(2) The notification required under paragraph (1) 
shall be submitted at the same time that the President sub-
mits under section 1105 of title 31 the budget in which 
budget authority is requested for the development contract 
of a major defense acquisition program. If the Department 
of Defense has not yet determined the source selection proc-
ess for the development contract at the time that budget au-
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thority for the development contract is requested, the De-
partment of Defense shall submit the notification not later 
than 30 days before release of the request for proposals for 
the development contract. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) LOWEST PRICE TECHNICALLY ACCEPTABLE 
SOURCE SELECTION PROCESS.—The term ‘lowest price 
technically acceptable source selection process’ has the 
meaning given that term in part 15 of the Federal 
Acquisition Regulation. 
‘‘(2) MAJOR DEFENSE ACQUISITION PROGRAM.— 
The term ‘major defense acquisition program’ has the 
meaning given that term in section 2430 of this title. 
‘‘(3) DEVELOPMENT CONTRACT.—The term ‘de-
velopment contract’ means a prime contract for the 
development of a major defense acquisition pro-
gram.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 2441 the 
following new item: 
‘‘2442. Prohibition on use of lowest price technically acceptable source selection 
process.’’. 
(b) APPLICABILITY.—The requirements of section 2442 
of title 10, United States Code, as added by subsection (a), 
shall apply to major defense acquisition programs for which
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budgetary authority is requested for fiscal year 2019 or a 
subsequent fiscal year. 
SEC. 837. ROLE OF THE CHIEF OF THE ARMED FORCE IN 
MATERIAL DEVELOPMENT DECISION AND AC-
QUISITION SYSTEM MILESTONES. 
Section 2547(b) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(1) The Secretary’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) Consistent with the performance of duties under 
subsection (a), the Chief of the armed force concerned, with 
respect to major defense acquisition programs, shall— 
‘‘(A) concur with the need for a material solu-
tion as identified in the Material Development Deci-
sion Review prior to entry into the Material Solution 
Analysis Phase under Department of Defense Instruc-
tion 5000.02; 
‘‘(B) concur with the cost, schedule, technical fea-
sibility, and performance trade-offs that have been 
made with regard to the program before Milestone A 
approval is granted under section 2366a of this title; 
‘‘(C) concur that appropriate trade-offs among 
cost, schedule, technical feasibility, and performance
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objectives have been made to ensure that the program 
is affordable when considering the per unit cost and 
the total life-cycle cost before Milestone B approval is 
granted under section 2366b of this title; and 
‘‘(D) concur that the requirements in the pro-
gram capability document are necessary and realistic 
in relation to program cost and fielding targets as re-
quired by paragraph (1) before Milestone C approval 
is granted.’’. 
Subtitle D—Provisions Related to 
Acquisition Workforce 
SEC. 841. TRAINING IN COMMERCIAL ITEMS PROCURE-
MENT. 
(a) TRAINING.—Not later than one year after the date 
of the enactment of this Act, the President of the Defense 
Acquisition University shall establish a comprehensive 
training program on part 12 of the Federal Acquisition 
Regulation. The training shall cover, at a minimum, the 
following topics: 
(1) The origin of part 12 and the congressional 
mandate to prefer commercial procurements. 
(2) The definition of a commercial item, with a 
particular focus on the ‘‘of a type’’ concept. 
(3) Price analysis and negotiations. 
(4) Market research and analysis.
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(5) Independent cost estimates. 
(6) Parametric estimating methods. 
(7) Value analysis. 
(8) Best practices in pricing from commercial 
sector organizations, foreign government organiza-
tions, and other Federal, state, and local public sec-
tors organizations. 
(9) Other topics on commercial procurements 
necessary to ensure a well-educated acquisition work-
force. 
(b) ENROLLMENTS GOALS.—The President of the De-
fense Acquisition University shall set goals for student en-
rollment for the comprehensive training program estab-
lished under subsection (a). 
(c) SUPPORTING ACTIVITIES.—The Secretary of De-
fense shall establish, in support of the achievement of the 
goals of this section— 
(1) a university research program to engage aca-
demic experts on research topics of interest to improve 
commercial item identification and pricing meth-
odologies; and 
(2) a set of exchange and interface opportunities 
between government personnel experts to increase 
awareness of best practices and challenges in commer-
cial item identification and pricing.
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(d) FUNDING.—The Secretary of Defense shall use 
amounts available in the Department of Defense Acquisi-
tion Workforce Development Fund established under section 
1705 of title 10, United States Code, to fund the comprehen-
sive training program established under subsection (a). 
SEC. 842. MODIFICATION OF DEFINITION OF ACQUISITION 
WORKFORCE TO INCLUDE PERSONNEL EN-
GAGED IN THE ACQUISITION OR DEVELOP-
MENT OF CYBERSECURITY SYSTEMS. 
Section 1705(h)(2)(A) of title 10, United States Code, 
is amended— 
(1) by inserting ‘‘(i)’’ after ‘‘(A)’’; 
(2) by striking ‘‘; and’’ and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(ii) are engaged in the acquisition or de-
velopment of systems relating to cybersecurity; 
and’’. 
SEC. 843. TRAINING AND SUPPORT FOR PROGRAMS PUR-
SUING AGILE ACQUISITION METHODS. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense, 
in consultation with the President of the Defense Acquisi-
tion University, shall establish an in-resident targeted
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training course at the Defense Acquisition University on 
Agile Acquisition. 
(b) COURSE COMPONENTS.—The course shall include 
the following elements: 
(1) Training designed to instill a common un-
derstanding of all functional roles and dependencies 
involved in developing and producing a capability 
using Agile processes. 
(2) An exercise involving teams composed of per-
sonnel from pertinent functions and functional orga-
nizations engaged in developing an integrated Agile 
Acquisition approach for a specific program. 
(c) COURSE ATTENDANCE.—The course shall be— 
(1) available for certified acquisition personnel 
from all program offices using Agile Acquisition 
methods; and 
(2) mandatory for personnel from other relevant 
organizations in each of the military services and De-
fense Agencies, including organizations responsible for 
engineering, budgeting, contracting, test and evalua-
tion, requirements validation, and certification and 
accreditation, that support those program offices. 
(d) AGILE ACQUISITION COACH.— 
(1) IN GENERAL.—The Secretary and the senior 
acquisition executives in each of the military services
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and Defense Agencies, in coordination with the Direc-
tor of the Defense Digital Service, shall ensure that 
program offices pursuing Agile Acquisition methods 
have access to an Agile Acquisition coach. 
(2) EXPERTISE.—The Agile Acquisition coach 
shall possess expertise in— 
(A) commercial Agile Acquisition methods; 
and 
(B) the acquisition system and processes of 
the Department of Defense. 
(3) 
DUTIES.—The 
Agile 
Acquisition 
coach 
shall— 
(A) assist program offices, supporting stake-
holder organizations, and personnel in properly 
applying Agile Acquisition methods; and 
(B) notify the appropriate acquisition au-
thorities if programs are deviating from best 
practices or are not receiving appropriate sup-
port from stakeholder organizations, in a man-
ner or to a degree that threatens the success of 
the program. 
(e) AGILE ACQUISITION RESEARCH PROGRAM.—The 
President of the Defense Acquisition University shall estab-
lish a research program to conduct research on and develop-
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ment of Agile Acquisition practices and tools best tailored 
to meet the mission needs of the Department of Defense. 
(f) DEFINITIONS.—In this section the term ‘‘Agile Ac-
quisition’’— 
(1) means acquisition pursuant to a methodology 
for delivering multiple, rapid, incremental capabili-
ties to the user for operational use, evaluation, and 
feedback; and 
(2) involves— 
(A) the incremental development and field-
ing of capabilities, commonly called ‘‘spirals’’, 
‘‘spins’’, or ‘‘sprints’’, which can be measured in 
a few weeks or months; and 
(B) continuous participation and collabora-
tion by users, testers, and requirements authori-
ties. 
SEC. 844. CREDITS TO DEPARTMENT OF DEFENSE ACQUISI-
TION WORKFORCE DEVELOPMENT FUND. 
Section 1705(d)(2)(D) of title 10, United States Code, 
is amended to read as follows: 
‘‘(D) The Secretary of Defense may adjust the 
amount specified in subparagraph (C) for a fiscal 
year if the Secretary determines that the amount is 
greater or less than reasonably needed for purposes of 
the Fund for such fiscal year. The Secretary may not
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adjust the amount for a fiscal year to an amount that 
is 
more 
than 
$600,000,000 
or 
less 
than 
$400,000,000.’’. 
Subtitle E—Provisions Related to 
Commercial Items 
SEC. 851. MODIFICATION TO DEFINITION OF COMMERCIAL 
ITEMS. 
Section 2376 of title 10, United States Code, is amend-
ed— 
(1) in paragraph (1), by striking ‘‘ ‘commercial 
item’,’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(4) The term ‘commercial item’ has the mean-
ing given the term in section 103 of title 41, except 
that it does not include an item referred to in para-
graph (3)(B) of such section if, after the minor modi-
fications made to meet Federal Government require-
ments referred to in such paragraph, the item in-
cludes a preponderance of government-unique func-
tions or essential characteristics.’’. 
SEC. 852. REVISION TO DEFINITION OF COMMERCIAL ITEM. 
Section 103(8) of title 41, United States Code, is 
amended by striking ‘‘to multiple State and local govern-
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ments’’ and inserting ‘‘to multiple State, local, or foreign 
governments’’. 
SEC. 853. COMMERCIAL ITEM DETERMINATIONS. 
Section 2380 of title 10, United States Code, is amend-
ed— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(a) IN GENERAL.—The Secretary’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) ITEMS PREVIOUSLY ACQUIRED USING COMMER-
CIAL ITEM ACQUISITION PROCEDURES.— 
‘‘(1) DETERMINATIONS.—A contract or sub-
contract for an item using commercial item acquisi-
tion procedures under part 12 of the Federal Acquisi-
tion Regulation shall serve as a prior commercial 
item determination with respect to such item for pur-
poses of this chapter unless the Secretary of Defense 
determines in writing that it is no longer cost-effec-
tive to procure the item using commercial item acqui-
sition procedures. 
‘‘(2) LIMITATION.—(A) Except as provided under 
subparagraph (B), funds appropriated or otherwise 
made available to the Department of Defense may not 
be used for the procurement under part 15 of the Fed-
eral Acquisition Regulation of an item that was pre-
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viously acquired using commercial item acquisition 
procedures under part 12 of the Federal Acquisition 
Regulation. 
‘‘(B) The limitation under subparagraph (A) 
does not apply to the procurement of an item that 
was previously acquired using commercial item ac-
quisition procedures under part 12 of the Federal Ac-
quisition Regulation following— 
‘‘(i) a written determination by the head of 
contracting 
activity 
pursuant 
to 
section 
2306a(b)(4)(B) of this title that the use of such 
procedures was improper; or 
‘‘(ii) a written determination by the Sec-
retary of Defense that it is no longer cost-effec-
tive to procure the item using such procedures.’’. 
SEC. 854. PREFERENCE FOR ACQUISITION OF COMMERCIAL 
ITEMS. 
Section 2377(b) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraphs (1) through (6) 
as subparagraphs (A) through (F), respectively, and 
moving such subparagraphs, as so redesignated, two 
ems to the right; 
(2) by striking ‘‘The head’’ and inserting ‘‘(1) 
The head’’; and
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(3) by adding at the end the following new para-
graph: 
‘‘(2) The preference for the acquisition of commercial 
items and nondevelopmental items under this section shall 
take priority over any small business set-aside program, 
and shall require, to the maximum extent practicable, the 
acquisition of commercial items or nondevelopmental items 
other than commercial items in accordance with the terms 
of this section. If the requirements of an agency with respect 
to a procurement of supplies or services can be met with 
commercial items or nondevelopmental items other than 
commercial items provided by a small business concern, the 
small business concern may be awarded the contract in ac-
cordance with the requirements of a set-aside program.’’. 
SEC. 855. INAPPLICABLE LAWS AND REGULATIONS. 
(a) REVIEW OF DETERMINATIONS NOT TO EXEMPT 
DEPARTMENT OF DEFENSE CONTRACTS FOR COMMERCIAL 
ITEMS AND COMMERCIALLY AVAILABLE OFF-THE-SHELF 
ITEMS FROM CERTAIN LAWS
AND REGULATIONS.—Not 
later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall— 
(1) review each determination of the Federal Ac-
quisition Regulatory Council pursuant to section 
1906(b)(2), section 1906(c)(3), or section 1907(a)(2) 
of title 41, United States Code, not to exempt con-
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tracts and subcontracts described in subsection (a) of 
section 2375 of title 10, United States Code, from 
laws such contracts and subcontracts would otherwise 
be exempt from under section 1906(d) of title 41, 
United States Code; and 
(2) revise the Department of Defense Supplement 
to the Federal Acquisition Regulation to provide an 
exemption from each law subject to such determina-
tion unless the Secretary determines there is a specific 
reason not to provide the exemption. 
(b) ELIMINATION OF CERTAIN CONTRACT CLAUSE RE-
QUIREMENTS APPLICABLE
TO COMMERCIAL ITEM CON-
TRACTS.—Not later than 180 days after the date of the en-
actment of this Act, the Secretary of Defense shall revise 
the Department of Defense Supplement to the Federal Ac-
quisition Regulation to eliminate all regulations promul-
gated after the date of the enactment of the Federal Acquisi-
tion Streamlining Act of 1994 (Public Law 103–355) that 
require a specific contract clause for a contract using com-
mercial item acquisition procedures under part 12 of the 
Federal Acquisition Regulation, except for regulations re-
quired by law or that the Secretary determines are vital 
to national security. 
(c) ELIMINATION OF CERTAIN CONTRACT CLAUSE RE-
QUIREMENTS APPLICABLE TO COMMERCIALLY AVAILABLE