789 
‘‘(A) intellectual property and data rights 
negotiations; 
‘‘(B) the effects of climate change and the 
need to invest in mitigating such effects 
throughout the full life cycle of a project; 
‘‘(C) partnering with contractors and other 
suppliers to attract new companies with emerg-
ing technologies and to ensure supply chain re-
siliency; and 
‘‘(D) enabling rapid and efficient procure-
ment of technologies in a manner that permits 
quick response to technological changes; 
‘‘(4) support the partnerships between the De-
partment of Defense and extramural institutions 
with missions relating to the training and develop-
ment of members of the acquisition workforce; 
‘‘(5) accelerate the adoption of flexible con-
tracting techniques by the acquisition workforce by 
expanding the availability of training on such tech-
niques and incorporating such training into the cur-
riculum of the Defense Acquisition University, in-
cluding partnering with extramural institutions to 
expand the availability of training related to trans-
action authorities under sections 2371 and 2371b to 
attorneys and technical specialists; and
790 
‘‘(6) enhance the reputation of the faculty of 
the Defense Acquisition University by— 
‘‘(A) building partnerships between the 
faculty of the Defense Acquisition University 
and participants in the activity established 
under section 2361a; and 
‘‘(B) supporting the preparation and draft-
ing of the reports required under subsection 
(f)(2). 
‘‘(b) CURRICULUM ADJUSTMENTS.—Not later than 
the date that is one year after the date of the enactment 
of this section, the President of the Defense Acquisition 
University shall reorganize and adjust the curriculum of 
the Defense Acquisition University, as appropriate, to 
comply with the criteria described in subparagraphs (A), 
(B), and (C) of subsection (a)(1). 
‘‘(c) PROGRAM DIRECTOR OF STRATEGIC PARTNER-
SHIPS.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Office of the President of the Defense Acquisi-
tion University the position of Program Director of 
Strategic Partnerships. 
‘‘(2) DUTIES.—The Program Director of Stra-
tegic Partnerships shall establish, develop, and
791 
maintain partnerships between the Defense Acquisi-
tion University and extramural institutions. 
‘‘(3) APPOINTMENT.— 
‘‘(A) IN GENERAL.—The President of the 
Defense Acquisition University shall appoint the 
Program Director of Strategic Partnerships. 
‘‘(B) INITIAL
APPOINTMENT.—Not later 
than 180 days after the enactment of this sec-
tion, the President of the Defense Acquisition 
University shall appoint a Program Director of 
Strategic Partnerships. 
‘‘(d) IMPLEMENTATION.— 
‘‘(1) SUPPORT FROM OTHER DEPARTMENT OF 
DEFENSE
ORGANIZATIONS.—The Secretary of De-
fense may direct other elements of the Department 
of Defense to provide personnel, resources, and other 
support to the program established under this sec-
tion, as the Secretary determines appropriate. 
‘‘(2) IMPLEMENTATION PLAN.— 
‘‘(A) IN
GENERAL.—Not later than one 
year after the date of the enactment of this sec-
tion, the President of the Defense Acquisition 
University shall submit to the congressional de-
fense committees a plan for implementing the 
program established under this section.
792 
‘‘(B) 
ELEMENTS.—The 
plan 
required 
under subparagraph (A) shall include the fol-
lowing: 
‘‘(i) Plans that describe any support 
that will be provided for the program by 
other elements of the Department of De-
fense under paragraph (1). 
‘‘(ii) Plans for the implementation of 
the program, including plans for— 
‘‘(I) future funding and adminis-
trative support of the program; 
‘‘(II) integration of the program 
into 
the 
programming, 
planning, 
budgeting, and execution process of 
the Department of Defense; 
‘‘(III) integration of the program 
with the other programs and initia-
tives within the Department relating 
to innovation and outreach to the aca-
demic and the private sector; and 
‘‘(IV) performance indicators by 
which the program will be assessed 
and evaluated. 
‘‘(iii) A description of any additional 
authorities the Secretary of Defense may
793 
require to carry out the responsibilities 
under this section. 
‘‘(e) FUNDING.—Subject to the availability of appro-
priations, the Under Secretary of Defense for Acquisition 
and Sustainment may use amounts available in the De-
fense Acquisition Workforce and Development Account (as 
established under section 1705) to carry out the require-
ments of this section. 
‘‘(f) ANNUAL REPORTS.— 
‘‘(1) IN GENERAL.—Not later than September 
30, 2022, and annually thereafter, the President of 
the Defense Acquisition University shall submit to 
the Secretary of Defense and the congressional de-
fense committees a report describing the activities 
conducted under this section during the one-year pe-
riod ending on the date on which such report is sub-
mitted. 
‘‘(2) FACULTY REPORTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (C), not later than six months 
after the date of the enactment of this section, 
and not later than March 1 of each year there-
after, each individual employed by the Defense 
Acquisition University as a full-time professor, 
instructor, or lecturer and each group created
794 
under subparagraph (B) shall submit to the 
congressional defense committees a report on 
the area of Federal acquisition expertise of such 
individual or group, including— 
‘‘(i) developments in such area during 
the one-year ending on the date on which 
the report is submitted; and 
‘‘(ii) suggested legislative and regu-
latory reforms. 
‘‘(B) 
GROUP
DETERMINATIONS.—The 
President of the Defense Acquisition University 
may group together individuals described in 
subparagraph (A) that the President of the De-
fense Acquisition University determines to be 
experts in the same or substantially overlapping 
areas of Federal acquisition. 
‘‘(C) INDIVIDUAL
REPORT
EXCEPTION.— 
Subparagraph (A) shall not apply with respect 
to an individual that is a member of a group 
created under subparagraph (B) for any year in 
which such group submits a report under this 
paragraph to which such individual contributed 
as a member of such group. 
‘‘(g) EXEMPTION
TO REPORT TERMINATION RE-
QUIREMENTS.—Section 1080(a) of the National Defense
795 
Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by 
section 1061(j) of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2405; 10 U.S.C. 111 note), does not apply with respect 
to the reports required to be submitted to Congress under 
this section. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) ACQUISITION WORKFORCE.—The term ‘ac-
quisition workforce’ has the meaning given such 
term in section 1705(g). 
‘‘(2) EXTRAMURAL
INSTITUTIONS.—The term 
‘extramural institutions’ means participants in an 
activity established under section 2361a, public sec-
tor organizations, and nonprofit credentialing orga-
nizations. 
‘‘(3) HUMAN-CENTERED
DESIGN.—The term 
‘human-centered design’ means a solution to a prob-
lem that is based on a problem-solving approach 
under which the individual or entity seeking to solve 
the problem— 
‘‘(A) develops an understanding of the 
problem primarily by interacting with individ-
uals who are experiencing the problem;
796 
‘‘(B) creates solutions to the problem that 
are based on such understanding and which are 
designed to address the needs of such individ-
uals with respect to the problem; and 
‘‘(C) involves such individuals in the devel-
opment and testing of such solutions. 
‘‘(4) NONPROFIT
CREDENTIALING
ORGANIZA-
TION.—The term ‘nonprofit credentialing organiza-
tion’ means a nonprofit organization that offers a 
credentialing program that— 
‘‘(A) is accredited by a nationally-recog-
nized, third-party personnel certification pro-
gram accreditor; 
‘‘(B)(i) is sought or accepted by employers 
within the industry or sector involved as a rec-
ognized, preferred, or required credential for re-
cruitment, screening, hiring, retention, or ad-
vancement purposes; and 
‘‘(ii) where appropriate, is endorsed 
by a nationally-recognized trade association 
or organization representing a significant 
part of the industry or sector; or 
‘‘(C) meets credential standards of a Fed-
eral agency.
797 
‘‘(5) TECHNICAL SPECIALIST.—The term ‘tech-
nical specialist’ means an individual who is author-
ized by the Secretary of Defense or a Secretary of 
a military department to enter into agreements 
under the authority of section 2371 or 2371b and is 
not otherwise authorized to enter into procurement 
contracts or cooperative agreements.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter IV of chapter 87 of title 10, United States 
Code, is amended by inserting after the item relating to 
section 1746 the following new item: 
‘‘1746a. Acquisition workforce educational partnerships.’’. 
SEC. 802. SPECIAL EMERGENCY REIMBURSEMENT AUTHOR-
ITY. 
(a) IN GENERAL.—Subchapter II of chapter 134 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2265. Special emergency reimbursement authority 
‘‘(a) SPECIAL EMERGENCY REIMBURSEMENT AU-
THORITY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Defense may, in 
accordance with paragraph (2) and subsection (c), 
modify the terms and conditions of a covered con-
tract, without consideration, to reimburse a con-
tractor for the cost of any paid leave, including sick
798 
leave, that such contractor provides to the employees 
of such contractor or employees of subcontractors 
(at any tier) of such contractor in response to a cov-
ered emergency to keep such employees or sub-
contractors in a ready state with respect to such cov-
ered contract. 
‘‘(2) REIMBURSEMENT REQUIREMENTS.— 
‘‘(A) ELIGIBLE
EMPLOYEE
AND
SUB-
CONTRACT COSTS.—Reimbursements under this 
subsection may be made only with respect to 
employees of a contractor or employees of sub-
contractors (at any tier) of a contractor which, 
for the relevant covered contract— 
‘‘(i) are unable to perform work on a 
covered site due to facility closures or 
other restrictions; and 
‘‘(ii) cannot telework because the du-
ties of such employee or contractor cannot 
be performed remotely. 
‘‘(B) AVERAGE
HOURS.—The number of 
hours of paid leave for which the cost may be 
reimbursement under this subsection may not 
exceed an average of 40 hours per week per em-
ployee described in subparagraph (A).
799 
‘‘(C) BILL RATE.—The minimum applica-
ble contract billing rate under the relevant cov-
ered contract shall be used to calculate reim-
bursements under this subsection. 
‘‘(b) ENHANCED REIMBURSEMENT FOR SMALL BUSI-
NESS CONTRACTORS.— 
‘‘(1) IN GENERAL.—In addition to any reim-
bursement under subsection (a), the Secretary of 
Defense may, in accordance with paragraph (2) and 
subsection (c), modify the terms and conditions of a 
covered contract, without consideration, to reimburse 
a small business contractor for costs, other than 
costs reimbursable under subsection (a), that are di-
rect costs of a covered emergency with respect to 
which reimbursement is permitted under subsection 
(a). 
‘‘(2) LIMITATIONS.—The Secretary of Defense 
may reimburse a small business contractor under 
this subsection to the extent that the relevant con-
tracting officer determines in writing that— 
‘‘(A) such reimbursement is necessary to 
ensure the continuation of contractor perform-
ance during, or the resumption of contractor 
performance after, the covered emergency;
800 
‘‘(B) the small business contractor miti-
gated the costs that may be reimbursed under 
this subsection to the extent practicable; and 
‘‘(C) it is in the best interest of the United 
States to reimburse such costs. 
‘‘(c) REIMBURSEMENT CONDITIONS.— 
‘‘(1) COST IDENTIFICATION.—A cost is eligible 
for reimbursement under subsection (a) or (b) only 
if the relevant contracting officer determines that 
the records of the contractor to identify such cost as 
a cost described in either such subsection such that 
such contracting officer may audit such cost. 
‘‘(2) OTHER FEDERAL BENEFIT OFFSET.— 
‘‘(A) IN
GENERAL.—Any reimbursement 
under subsection (a) or (b) shall be reduced by 
an amount equal to the total amount of any 
other Federal payment, allowance, or tax or 
other credit received for a cost that is reimburs-
able under such subsection. 
‘‘(B) NOTIFICATION.—A contractor that 
receives a payment, allowance, or credit de-
scribed in subparagraph (A) for a cost which 
such contractor seeks reimbursement under 
subsection (a) or (b) shall submit to the rel-
801 
evant contracting officer a notice of the receipt 
of such payment, allowance, or credit— 
‘‘(i) prior to the execution of a con-
tract modification providing such reim-
bursement; and 
‘‘(ii) not later than 30 days after such 
receipt. 
‘‘(C) POST
REIMBURSEMENT.—A con-
tractor that receives a payment, allowance, or 
credit described in subparagraph (A) for a cost 
after the execution of a contract modification 
under subsection (a) or (b) reimbursing such 
cost, or that is unable to provide the notice re-
quired under subparagraph (B) in accordance 
with clause (i) of such subparagraph, shall— 
‘‘(i) not later than 30 days after the 
receipt of the payment, allowance, or cred-
it, notify the relevant contracting officer in 
writing of such receipt; and 
‘‘(ii) agree to execute a contract modi-
fication to reduce the amount reimbursed 
under subsections (a) and (b) by the 
amount of such payment, allowance, or 
credit.
802 
‘‘(3) APPROPRIATIONS
AVAILABILITY.—Reim-
bursements under subsections (a) and (b) shall be 
subject to the availability of appropriations. 
‘‘(d) COST ACCOUNTING STANDARDS.—For the pur-
poses of this section, a cognizant Federal agency official 
shall provide a contractor subject to the cost accounting 
standards issued pursuant to section 1502 of title 41 and 
required to submit one or more disclosure statements, a 
reasonable opportunity to amend any such disclosure 
statements to reflect any costs that are reimbursable 
under subsection (a). 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) COGNIZANT
FEDERAL
AGENCY
OFFI-
CIAL.—The term ‘cognizant Federal agency official’ 
has the meaning given such term in section 30.001 
of title 48, Code of Federal Regulations. 
‘‘(2) COVERED CONTRACT.—The term ‘covered 
contract’ means any contract, including a fixed-price 
or cost-reimbursement contract, or any other agree-
ment for the procurement of goods or services by or 
for the Department of Defense. 
‘‘(3) COVERED
EMERGENCY.—The term ‘cov-
ered emergency’ means a declared pandemic which 
prevents the employees of a contractor of the De-
partment of Defense or the employees of a subcon-
803 
tractor (at any tier) of such a contractor from per-
forming work under a covered contract, as deter-
mined by the Secretary. 
‘‘(4) COVERED SITE.—The term ‘covered site’ 
means any government-owned, government-leased, 
contractor-owned, or contractor-leased facility ap-
proved by the Federal Government for contract per-
formance. 
‘‘(5) DISCLOSURE STATEMENT.—The term ‘dis-
closure statement’ means a Disclosure Statement de-
scribed in section 9903.202–1(a) of title 48, Code of 
Federal Regulations. 
‘‘(6) MINIMUM APPLICABLE CONTRACT BILLING 
RATE.—The term ‘minimum applicable contract bill-
ing rate’ means a rate capturing the financial im-
pact incurred as a consequence of keeping the em-
ployees of a contractor or employees of subcontrac-
tors (at any tier) of a contractor in a ready state, 
including the base hourly pay rate of such employees 
and employees of such subcontractors, indirect costs, 
general and administrative expenses, and other rel-
evant costs. 
‘‘(7) READY
STATE.—The term ‘ready state’ 
means able to mobilize in a timely manner to per-
form under a covered contract.
804 
‘‘(8) SMALL
BUSINESS
CONTRACTOR.—The 
term ‘small business contractor’ means a contractor 
for a covered contract that is a small business con-
cern (as such term is defined under section 3 of the 
Small Business Act (15 U.S.C. 632).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter II of chapter 134 of title 10, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘2265. Special emergency reimbursement authority.’’. 
SEC. 803. PROHIBITION ON PROCUREMENT OF PERSONAL 
PROTECTIVE EQUIPMENT FROM NON-ALLIED 
FOREIGN NATIONS. 
(a) PROHIBITION.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2339d. Prohibition on procurement of personal 
protective equipment and certain other 
items from non-allied foreign nations 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), the Secretary of Defense may not procure any covered 
item from any covered nation. 
‘‘(b) APPLICABILITY.—Subsection (a) shall apply to 
prime contracts and subcontracts at any tier. 
‘‘(c) EXCEPTIONS.—
805 
‘‘(1) IN
GENERAL.—Subsection (a) does not 
apply under the following circumstances: 
‘‘(A) If the Secretary of Defense deter-
mines that covered materials of satisfactory 
quality and quantity, in the required form, can-
not be procured as and when needed from na-
tions other than covered nations to meet re-
quirements at a reasonable price. 
‘‘(B) The procurement of a covered item 
for use outside of the United States. 
‘‘(C) Purchases for amounts not greater 
than $150,000. 
‘‘(2) LIMITATION.—A proposed purchase or 
contract for an amount greater than $150,000 may 
not be divided into several purchases or contracts for 
lesser amounts in order to qualify for this exception. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED ITEM.—The term ‘covered item’ 
means an article or item of— 
‘‘(A) personal protective equipment for use 
in preventing spread of communicable disease, 
such as by exposure to infected individuals or 
contamination or infection by infectious mate-
rial (including surgical masks, respirator masks 
and electric-powered air purifying respirators
806 
and required filters, face shields and protective 
eyewear, surgical and isolation gowns, and head 
and foot coverings) or clothing, and the mate-
rials and components thereof, other than sen-
sors, electronics, or other items added to and 
not normally associated with such personal pro-
tective equipment or clothing; or 
‘‘(B) sanitizing and disinfecting wipes, 
testing swabs, gauze, and bandages. 
‘‘(2) COVERED NATION.—The term ‘covered na-
tion’ means— 
‘‘(A) the Democratic People’s Republic of 
North Korea; 
‘‘(B) the People’s Republic of China; 
‘‘(C) the Russian Federation; and 
‘‘(D) the Islamic Republic of Iran.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 2339c 
the following: 
‘‘2339d. Prohibition on procurement of personal protective equipment and cer-
tain other items from non-allied foreign nations.’’. 
(b) FUTURE TRANSFER.— 
(1) TRANSFER AND REDESIGNATION.—Section 
2339d of title 10, United States Code, as added by 
subsection (a), is transferred to subchapter I of
807 
chapter 283 of such title, added after section 3881, 
as transferred and redesignated by section 1837(b) 
of the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (Pub-
lic Law 116–283), and redesignated as section 3882. 
(2) CLERICAL AMENDMENTS.— 
(A) TARGET
CHAPTER
TABLE
OF
SEC-
TIONS.—The table of sections at the beginning 
of chapter 283 of title 10, United States Code, 
as added by section 1837(a) of the William M. 
(Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 
116–283), is amended by inserting after the 
item related to section 3881 the following new 
item: 
‘‘3882. Prohibition on procurement of personal protective equipment and certain 
other items from non-allied foreign nations.’’. 
(B) ORIGIN
CHAPTER
TABLE
OF
SEC-
TIONS.—The table of sections at the beginning 
of chapter 137 of title 10, United States Code, 
as amended by subsection (a), is further 
amended by striking the item relating to section 
2339d. 
(3) EFFECTIVE DATE.—The transfer, redesig-
nation, and amendments made by this subsection 
shall take effect on January 1, 2022.
808 
(4) REFERENCES; SAVINGS
PROVISION; RULE 
OF CONSTRUCTION.—Sections 1883 through 1885 of 
the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 
116–283) shall apply with respect to the transfers, 
redesignations, and amendments made under this 
subsection as if such transfers, redesignations, and 
amendments were made under title XVIII of such 
Act. 
SEC. 804. MINIMUM WAGE FOR EMPLOYEES OF DEPART-
MENT OF DEFENSE CONTRACTORS. 
(a) IN GENERAL.— 
(1) MINIMUM WAGE FOR EMPLOYEES OF DE-
PARTMENT
OF
DEFENSE
CONTRACTORS.—Chapter 
141 of title 10, United States Code is amended by 
inserting after section 2402 the following new sec-
tion: 
‘‘§ 2403. Minimum wage for employees of Department 
of Defense contractors 
‘‘(a) IN GENERAL.—Notwithstanding section 6 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 206), an 
employee of a Department of Defense contractor per-
forming a covered contract who is paid at an hourly rate 
shall be paid a minimum wage as follows:
809 
‘‘(1) Beginning January 30, 2022, $15.00 an 
hour. 
‘‘(2) Beginning January 1, 2023, at a minimum 
wage determined annually by the Secretary, except 
such wage may not be less than $15.00 an hour. 
‘‘(b) COVERED CONTRACT DEFINED.—In this sec-
tion, the term ‘covered contract’ means a contract or other 
agreement entered into on or after January 30, 2022, 
that— 
‘‘(1) is for the procurement of services or con-
struction; and 
‘‘(2) with respect to which wages under such 
contract or other agreement are subject to— 
‘‘(A) the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.); 
‘‘(B) section 6702 of title 41; or 
‘‘(C) subchapter IV of chapter 31 of title 
40 (known as the ‘Davis-Bacon Act’).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 2042 
the following new item: 
‘‘2403. Minimum wage for employees of Department of Defense contractors.’’. 
(b) RULEMAKING.—Not later than January 30, 
2022, the Secretary of Defense shall issue rules to carry
810 
out the requirement of section 2403 of title 10, United 
States Code, as added by subsection (a). 
SEC. 805. DIVERSITY AND INCLUSION REPORTING RE-
QUIREMENTS FOR COVERED CONTRACTORS. 
(a) IN GENERAL.—Subchapter V of chapter 325 of 
title 10, United States Code, is amended by inserting after 
section 4892 the following new section: 
‘‘§ 4893. Diversity and inclusion reporting require-
ments for covered contractors 
‘‘(a) COVERED CONTRACTOR REPORTS.— 
‘‘(1) IN GENERAL.—The Secretary of Defense 
shall require each covered contractor awarded a 
major contract to submit to the Secretary of Defense 
by the last day of each full fiscal year that occurs 
during the period of performance of any major con-
tract a report on diversity and inclusion. 
‘‘(2) ELEMENTS.—Each report under para-
graph (1) shall include, for the fiscal year covered by 
the report— 
‘‘(A) a description of each major contract 
with a period of performance during the fiscal 
year covered by the report, including the period 
of performance, expected total value, and value 
to date of each major contract;
811 
‘‘(B) the total value of payments received 
under all major contracts of each covered con-
tractor during such fiscal year; 
‘‘(C) the total number of participants in 
the board of directors of each covered con-
tractor, nominees for the board of directors of 
the covered contractor, and the senior leaders of 
the covered contractor, disaggregated by demo-
graphic classifications; 
‘‘(D) with respect to employees of each 
covered contractor— 
‘‘(i) the total number of such employ-
ees; and 
‘‘(ii) the number of such employees 
(expressed as a numeral and as a percent-
age of the total number), identified by 
membership in demographic classification 
and major occupational group; 
‘‘(E) the value of first-tier subcontracts 
under each major contract entered into during 
such fiscal year; 
‘‘(F) with respect to employees of each cov-
ered subcontractor— 
‘‘(i) the total number of such employ-
ees;
812 
‘‘(ii) the number of such employees 
(expressed as a numeral and as a percent-
age of the total number), identified by 
membership in demographic classification 
and major occupational group; 
‘‘(G) whether the board of directors of the 
covered contractor has, as of the date on which 
the covered contractor submits a report under 
this section, adopted any policy, plan, or strat-
egy to promote racial, ethnic, and gender diver-
sity among the members of the board of direc-
tors of the covered contractor, nominees for the 
board of directors of the covered contractor, or 
the senior leaders of the covered contractor; and 
‘‘(H) a description of participation by the 
contractor in diversity programs, to include 
hours spent, funds expended in support of, and 
the number of unique relationships established 
by each such diversity program. 
‘‘(b) ANNUAL SUMMARY REPORT.— 
‘‘(1) REPORT REQUIRED.—Not later than 60 
days after the first day of each fiscal year, the Sec-
retary shall submit to the congressional defense com-
mittees a report summarizing the reports submitted 
pursuant to subsection (a).
813 
‘‘(2) ELEMENTS.—Each report under para-
graph (1) shall include— 
‘‘(A) an index of the reports submitted 
pursuant to subsection (a); 
‘‘(B) a compilation of the data described in 
such subsection, disaggregated as described in 
such subsection; 
‘‘(C) an aggregation of the data provided 
in such reports; and 
‘‘(D) a narrative that analyzes the infor-
mation disclosed in such reports and identifies 
any year-to-year trends in such information. 
‘‘(c) PUBLIC AVAILABILITY.—Each report required 
under this subsection shall be posted on a single publicly 
available website of the Department of Defense and made 
available 
in 
a 
machine-readable 
format 
that 
is 
downloadable, searchable, and sortable. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED CONTRACTOR.—The term ‘cov-
ered contractor’ means a contractor awarded a 
major contract. 
‘‘(2) COVERED
SUBCONTRACTOR.—The term 
‘covered subcontractor’ means a subcontractor per-
forming a subcontract that is one of the 10 highest
814 
aggregate value subcontracts under a major con-
tract. 
‘‘(3) 
DEMOGRAPHIC
CLASSIFICATIONS.—The 
term ‘demographic classifications’ means classifica-
tions by race, gender, veteran status, or ethnicity. 
‘‘(4) DIVERSITY PROGRAM.—The term ‘diver-
sity program’ means— 
‘‘(A) a program conducted under section 
3904 of this title; 
‘‘(B) a mentor-protege relationship estab-
lished under section 831 of the National De-
fense Authorization Act for Fiscal Year 1991; 
‘‘(C) a program conducted under section 
2192a of this title; or 
‘‘(D) any other program designated by the 
Secretary of Defense as designed to increase 
the diversity of the workforce of the defense in-
dustrial base. 
‘‘(5) MAJOR CONTRACT.—The term ‘major con-
tract’ has the meaning given the term in section 
2432 of this title. 
‘‘(6) MAJOR OCCUPATIONAL GROUP.—The term 
‘major occupational group’ means a major occupa-
tional group as defined by the Bureau of Labor Sta-
tistics.
815 
‘‘(7) SENIOR LEADER.—The term ‘senior lead-
er’ means— 
‘‘(A) the president of a covered contractor; 
‘‘(B) any vice president in charge of a 
principal business unit, division, or function of 
a covered contractor; 
‘‘(C) any other officer of a covered con-
tractor who performs a policy-making function; 
or 
‘‘(D) an individual responsible for the di-
rect or indirect management of more than 200 
individuals.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter V of chapter 325 of title 10, United States 
Code, is amended by adding after the item related to sec-
tion 4892 the following: 
‘‘4893. Diversity and inclusion reporting requirements for covered contractors.’’. 
(c) EFFECTIVE DATE
AND APPLICABILITY.—The 
amendments made by this section shall take effect on July 
1, 2022, and shall apply with respect to contracts entered 
into on or after July 1, 2022. 
SEC. 806. WEBSITE FOR CERTAIN DOMESTIC PROCURE-
MENT WAIVERS. 
(a) IN GENERAL.—Section 4814 of title 10, United 
States Code, as transferred and redesignated by section 
1867(b) of the National Defense Authorization Act for
816 
Fiscal Year 2021 (Public Law 116–283), is amended by 
adding at the end the following new subsection: 
‘‘(c) WEBSITE
REQUIRED.—Not later than 18 
months after the date of the enactment of this subsection, 
the Secretary of Defense shall establish and maintain a 
single publicly available website for the purpose of pub-
lishing the information required by subsection (a)(5).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2022. 
SEC. 807. SUSPENSION OR DEBARMENT REFERRAL FOR 
EGREGIOUS VIOLATIONS OF CERTAIN DO-
MESTIC PREFERENCE LAWS. 
(a) IN GENERAL.—A contracting officer shall refer 
to the appropriate suspension or debarment official any 
current or former contractor of the Department of De-
fense if such contracting officer reasonably believes that 
such contractor has egregiously violated any covered do-
mestic preference law. 
(b) EGREGIOUS VIOLATION DETERMINATION.—For 
the purposes of this section, a contractor egregiously vio-
lates a covered domestic preference law when— 
(1) such contractor knowingly or willfully uses 
or provides goods, articles, materials, or supplies in 
violation of a covered domestic preference law; and
817 
(2) such violation, individually or in the aggre-
gate with other violations of domestic preference 
laws by such contractor, is severe (including through 
the effects, dollar value, or frequency, or any com-
bination thereof, of such violations). 
(c) DEBARMENT OR SUSPENSION BASIS.—An egre-
gious violation of a covered domestic preference law by a 
contractor may be a basis for suspension or debarment 
of the contractor. 
(d) SAFE HARBOR.—The use or provision of goods, 
articles, materials, or supplies by a contractor in violation 
of a covered domestic preference law may not be consid-
ered such a violation for the purposes of a determining 
whether such contractor has egregiously violated any cov-
ered domestic preference law if such contractor reasonably 
acted in good-faith reliance on— 
(1) a written waiver from an individual who is 
permitted by law or regulation to waive the covered 
domestic preference law; or 
(2) a representation by a third party about the 
origin of such goods, articles, materials, or supplies. 
(e) COVERED DOMESTIC PREFERENCE LAW DE-
FINED.—In this section, the term ‘‘covered domestic pref-
erence law’’ means any provision of section 2533a or 
2533b of title 10, United States Code, or chapter 83 of
818 
title 41 of such Code that requires or creates a preference 
for the procurement of goods, articles, materials, or sup-
plies, that are grown, mined, reprocessed, reused, manu-
factured, or produced in the United States. 
Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 811. EXTENSION OF AUTHORIZATION FOR THE DE-
FENSE CIVILIAN ACQUISITION WORKFORCE 
PERSONNEL DEMONSTRATION PROJECT. 
Section 1762(g) of title 10, United States Code, is 
amended by striking ‘‘2023’’ and inserting ‘‘2025’’. 
SEC. 812. MODIFICATIONS TO CONTRACTS SUBJECT TO 
COST OR PRICING DATA CERTIFICATION. 
Section 2306a(a)(6) of title 10, United States Code, 
is amended— 
(1) by striking ‘‘Upon the request’’ and all that 
follows through ‘‘paragraph (1)’’ and inserting 
‘‘Under paragraph (1),’’; and 
(2) by striking ‘‘modify the contract’’ and all 
that follows through ‘‘consideration.’’ and inserting 
‘‘modify the contract as soon as practicable to reflect 
subparagraphs (B) and (C) of such paragraph, with-
out requiring consideration.’’.
819 
SEC. 813. OFFICE OF CORROSION POLICY AND OVERSIGHT 
EMPLOYEE TRAINING REQUIREMENTS. 
Section 2228 of title 10, United States Code, is 
amended— 
(1) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(6) To the greatest extent practicable, the Di-
rector shall ensure that contractors of the Depart-
ment of Defense carrying out activities for the pre-
vention and mitigation of corrosion of the military 
equipment and infrastructure of the Department of 
Defense employ for such activities a substantial 
number of individuals who have completed, or who 
are currently enrolled in, a qualified training pro-
gram that meets industry-wide recognized corrosion 
control standards.’’; 
(2) in subsection (c)— 
(A) in paragraph (2), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(4) require that any training or professional 
development activities for military personnel or civil-
ian employees of the Department of Defense for the
820 
prevention and mitigation of corrosion of the mili-
tary equipment and infrastructure of the Depart-
ment of Defense be under a qualified training pro-
gram such that, to the greatest extent practicable, 
the military personnel or civilian employees partici-
pating in such qualified training program are 
trained and certified by the qualified training pro-
gram as meeting industry-wide recognized corrosion 
control standards.’’; and 
(3) in subparagraph (f), by adding at the end 
the following new paragraph: 
‘‘(6) The term ‘qualified training program’ 
means a training program in corrosion control, miti-
gation, and prevention that is either— 
‘‘(A) offered or accredited by an organiza-
tion that sets industry corrosion standards; or 
‘‘(B) an industrial coatings applicator 
training program registered under the Act of 
August 16, 1937 (popularly known as the ‘Na-
tional Apprenticeship Act’; 29 U.S.C. 50 et 
seq.).’’.
821 
SEC. 814. STANDARD GUIDELINES FOR EVALUATION OF RE-
QUIREMENTS FOR SERVICES CONTRACTS. 
(a) INCLUSION
OF
INVENTORY
AND
STANDARD 
GUIDELINES IN BUDGET REQUEST.—Section 2329 of title 
10, United States Code, is amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Effective October 1, 2021,’’ and 
inserting ‘‘Effective February 1, 2022,’’; 
(B) by amending paragraph (4) to read as 
follows: 
‘‘(4) be informed by the review the inventory re-
quired by section 2330a(c) using standard guidelines 
developed under subsection (d).’’; and 
(C) in paragraph (5), by inserting ‘‘, ex-
cept with respect to information on services 
contracts in support of contingency operations, 
humanitarian assistance, disaster relief, in sup-
port of a national security emergency declared 
with respect to a named operation, or entered 
into pursuant to an international agreement 
shall be excluded from such submission’’ before 
the period at the end; 
(2) by striking subsection (f); and 
(3) redesignating subsection (g) as subsection 
(f).
822 
(b) STANDARD GUIDELINES.—Section 2329(d) of 
title 10, United States Code, is amended— 
(1) by striking ‘‘Each Services Requirements 
Review Board’’ and inserting ‘‘(1) Each Services Re-
quirements Review Board’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The Secretary of Defense shall establish and 
issue standard guidelines within the Department of De-
fense for the evaluation of requirements for services con-
tracts. Any such guidelines issued— 
‘‘(A) shall be based on the checklist relating to 
services contract approval established and in use by 
the Department of the Army (as set forth in the re-
quest for services contract approval form updated as 
of August 2012, or any successor form); and 
‘‘(B) shall be updated as necessary to incor-
porate applicable statutory changes to total force 
management policies and procedures and any other 
guidelines or procedures relating to the use Depart-
ment of Defense civilian employees to perform new 
functions and functions that are performed by con-
tractors. 
‘‘(3) A general or flag officer, or a civilian employee 
of the Department of Defense in the Senior Executive
823 
Service, with responsibility for supervising requirements 
owners shall certify— 
‘‘(A) that a task order or statement of work 
being submitted to a contracting office is in compli-
ance with the standard guidelines; 
‘‘(B) that all appropriate statutory risk mitiga-
tion efforts have been made; and 
‘‘(C) that such task order or statement of work 
does not include requirements formerly performed by 
Department of Defense civilian employees. 
‘‘(4) A general or flag officer, or a civilian employee 
of the Department of Defense in the Senior Executive 
Service may not delegate the duties described in para-
graph (3) to an officer in a grade below O–7 (or a civilian 
employee of the Department of Defense at or below grade 
GS–15 of the General Schedule) without authorization 
from the Assistant Secretary of the Department of De-
fense concerned. 
‘‘(5) The Inspector General of the Department of De-
fense may conduct annual audits to ensure compliance 
with this section.’’. 
(c) REPEALS.— 
(1) Section 235 of title 10, United States Code, 
is repealed.
824 
(2) Section 852 of the National Defense Au-
thorization Act for Fiscal Year 2018 (Public Law 
115–91; 131 Stat. 1492; 10 U.S.C. 2329 note) is re-
pealed. 
SEC. 815. EXTENSION OF REQUIREMENT TO SUBMIT SE-
LECTED ACQUISITION REPORTS. 
(a) REPEAL OF TERMINATION.—Section 2432 of title 
10, United States Code, is amended by striking subsection 
(j). 
(b) REPEAL OF TERMINATION OF CERTAIN ADDI-
TIONAL REPORTS.—Section 1051(x) of the National De-
fense Authorization Act for Fiscal Year 2018 (Public Law 
115–91; 131 Stat. 1567; 10 U.S.C. 111 note) is amended 
by striking paragraph (4). 
SEC. 816. LIMITATION ON PROCUREMENT OF WELDED 
SHIPBOARD ANCHOR AND MOORING CHAIN 
FOR NAVAL VESSELS. 
Section 2534 of title 10, United States Code, is 
amended— 
(1) in subsection (a)(2), by adding at the end 
the following new subparagraph: 
‘‘(F) Welded shipboard anchor and moor-
ing chain.’’; and 
(2) in subsection (b)—
825 
(A) by striking ‘‘A manufacturer’’ and in-
serting ‘‘(1) Except as provided in paragraph 
(2), a manufacturer’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) A manufacturer of welded shipboard anchor and 
mooring chain for naval vessels meets the requirements 
of this subsection if the manufacturer is part of the na-
tional technology and industrial base.’’. 
SEC. 817. COMPETITION REQUIREMENTS FOR PURCHASES 
FROM FEDERAL PRISON INDUSTRIES. 
(a) COMPETITION REQUIREMENTS FOR PURCHASES 
FROM FEDERAL PRISON INDUSTRIES.—Section 3905 of 
title 10, United States Code, as transferred and redesig-
nated by section 1838(b) of the National Defense Author-
ization Act for Fiscal Year 2021 (Public Law 116–283), 
is amended by striking subsections (a) and (b) and insert-
ing the following new subsections: 
‘‘(a) MARKET
RESEARCH.—Before purchasing a 
product listed in the latest edition of the Federal Prison 
Industries catalog published under section 4124(d) of title 
18, the Secretary of Defense shall conduct market re-
search to determine whether such product— 
‘‘(1) is comparable to products available from 
the private sector; and
826 
‘‘(2) best meets the needs of the Department of 
Defense in terms of price, quality, and time of deliv-
ery. 
‘‘(b) COMPETITION REQUIREMENT.—If the Secretary 
determines that a Federal Prison Industries product is not 
comparable to products available from the private sector 
and does not best meet the needs of the Department of 
Defense in terms of price, quality, or time of delivery, the 
Secretary shall use competitive procedures or make an in-
dividual purchase under a multiple award contract for the 
procurement of the product. In conducting such a competi-
tion or making such a purchase, the Secretary shall con-
sider a timely offer from Federal Prison Industries.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on February 1, 2022. 
SEC. 818. REPEAL OF PREFERENCE FOR FIXED-PRICE CON-
TRACTS. 
(a) REPEAL.—Section 829 of the National Defense 
Authorization Act for Fiscal Year 2017 (10 U.S.C. 2306 
note) is repealed. 
(b) CONFORMING AMENDMENT.—Chapter 242 of 
title 10, United States Code, as amended by section 
1817(a) of the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (Public Law 
116–283) is amended—
827 
(1) in table of contents for such chapter, by 
striking the item relating to section 3324; and 
(2) by striking the enumerator, section heading, 
and subsequent matter relating to section 3324. 
SEC. 819. MODIFICATION TO THE PILOT PROGRAM FOR 
STREAMLINING AWARDS FOR INNOVATIVE 
TECHNOLOGY PROJECTS. 
(a) EXTENSION.—Section 873(f) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 10 U.S.C. 2306a note) is amended by striking 
‘‘October 1, 2022’’ and inserting ‘‘October 1, 2024’’. 
(b) RECOMMENDATION ON EXTENSION.— 
(1) IN
GENERAL.—Not later than April 1, 
2023, the Secretary of Defense shall submit to the 
congressional defense committees a recommendation 
regarding the extension of the pilot program for 
streamlining 
awards 
for 
innovative 
technology 
projects established under section 873(f) of the Na-
tional Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 10 U.S.C. 2306a note), 
and if applicable, the duration of any such extension. 
(2) DATA ON EXTENSION.—If the Secretary of 
Defense recommends an extension of the pilot pro-
gram under paragraph (1), not later than 60 days 
after making such recommendation, the Secretary
828 
shall submit to the congressional defense committees 
a report on the outcomes of the pilot program, in-
cluding— 
(A) the number of small business concerns 
(as defined under section 3 of the Small Busi-
ness Act (15 U.S.C. 632)) or nontraditional de-
fense contractors (as defined under section 
2302 of title 10, United States Code) that ben-
efitted from the implementation of the pilot 
program; 
(B) the number of small business concerns 
that would not have entered into a contract 
with the Department of Defense but for the im-
plementation of the pilot program; and 
(C) a description of the goods and services 
acquired by the Department through the pilot 
program that otherwise would not have been ac-
quired. 
SEC. 820. OTHER TRANSACTION AUTHORITY INFORMATION 
ACCESSIBILITY. 
Not later than 180 days after the date of the enact-
ment of this Act, the Under Secretary of Defense for Ac-
quisition & Sustainment shall submit to the congressional 
defense committees recommendations for making data on 
the exercise of the authorities provided under sections
829 
2371 or 2371b of title 10, United States Code, more ac-
cessible to the public and improving the reporting of such 
information, including recommendations for— 
(1) reducing data reporting requirements to the 
minimum necessary to identify— 
(A) with respect to a transaction under ei-
ther such section— 
(i) the participants to the transaction 
(other than the Federal Government), in-
cluding each business selected to perform 
work under the transaction by a partici-
pant to the transaction that is a consor-
tium of private entities; 
(ii) the date on which each participant 
entered into the transaction; and 
(iii) the amount of the transaction; 
and 
(B) with respect to a follow-on contract or 
transaction awarded under section 2371b of 
title 10, United States Code— 
(i) the awardee; 
(ii) the amount; and 
(iii) the date awarded. 
(2) a method for collecting such information in 
an online, public, searchable database.
830 
SEC. 821. MODIFICATION OF ENHANCED TRANSFER OF 
TECHNOLOGY DEVELOPED AT DEPARTMENT 
OF DEFENSE LABORATORIES. 
Section 801(e) of the National Defense Authorization 
Act for Fiscal Year 2014 (10 U.S.C. 2514 note) is amend-
ed— 
(1) by redesignating subsection (e) as sub-
section (f); 
(2) by striking subsection (d) and inserting the 
following new subsections: 
‘‘(d) DATA COLLECTION.—The Secretary of Defense 
shall develop and implement a plan to collect and analyze 
data on the use of authority under this section for the 
purposes of— 
‘‘(1) developing and sharing best practices; and 
‘‘(2) providing information to the Secretary of 
Defense and Congress on the use of authority under 
this section and related policy issues. 
‘‘(e) REPORT.—The Secretary of Defense shall sub-
mit a report to the congressional defense committees not 
later than December 31, 2025.’’; and 
(3) in subsection (f) (as so redesignated), by 
striking ‘‘December 31, 2021’’ and inserting ‘‘De-
cember 31, 2026’’.
831 
SEC. 822. EXTENSION AND REVISIONS TO NEVER CON-
TRACT WITH THE ENEMY PROGRAM. 
(a) IN GENERAL.—Section 841 of the Carl Levin and 
Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (10 U.S.C. 2302 note) is 
amended— 
(1) in the heading, by striking ‘‘PROHIBITION 
ON PROVIDING FUNDS TO THE ENEMY’’ and in-
serting ‘‘THREAT MITIGATION IN COMMERCIAL 
SUPPORT TO OPERATIONS’’; 
(2) in subsection (a)— 
(A) in the heading, by striking ‘‘IDENTI-
FICATION OF PERSONS AND ENTITIES’’ and in-
serting ‘‘PROGRAM’’; 
(B) in the matter preceding paragraph (1), 
by striking ‘‘establish in each covered combat-
ant command a program to identify persons 
and entities within the area of responsibility of 
such command that—’’ and inserting the fol-
lowing: ‘‘establish a program to mitigate threats 
posed by vendors supporting operations. The 
program shall use available intelligence, secu-
rity, and law enforcement information to iden-
tify persons and entities that—’’; 
(C) in paragraph (1), by striking ‘‘; or’’ 
and inserting a semicolon;
832 
(D) in paragraph (2), by striking the pe-
riod at the end and inserting a semicolon; and 
(E) by adding at the end the following new 
paragraphs: 
‘‘(3) directly or indirectly support a covered 
person or entity or otherwise pose a force protection 
risk to personnel of the United States or coalition 
forces; or 
‘‘(4) pose an unacceptable national security 
risk.’’; 
(3) by striking subsection (g); 
(4) by redesignating subsections (h) and (i) as 
subsections (g) and (h), respectively; 
(5) in subsection (g)(1), as so redesignated, by 
striking ‘‘may be providing’’ and all that follows 
through ‘‘or entity’’ and inserting ‘‘have been identi-
fied under the program established under subsection 
(a)’’; 
(6) by amending subsection (h), as so redesig-
nated, to read as follows: 
‘‘(h) WAIVER.—The Secretary of De-
fense or the Secretary of State, with the 
concurrence of the other Secretary, in con-
sultation with the Director of National In-
telligence, may waive any requirement of
833 
this section upon determining that to do so 
is in the national interest of the United 
States.’’; 
(7) by striking subsection (j); 
(8) by redesignating subsections (k) and (l) as 
subsections (i) and (j), respectively; 
(9) in subsection (j), as so redesignated, by 
striking ‘‘Except as provided in subsection (m), the’’ 
and inserting ‘‘The’’; 
(10) by striking subsection (m); and 
(11) by striking subsection (n). 
(b) AUTHORITIES TO TERMINATE, VOID, AND RE-
STRICT.—Section 841(c) of such Act is further amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘to a person or entity’’ 
after ‘‘concerned’’; and 
(B) by striking ‘‘the contract’’ and all that 
follows and inserting ‘‘the person or entity has 
been identified under the program established 
under subsection (a).’’; 
(2) in paragraph (2), by striking ‘‘has failed’’ 
and all that follows and inserting ‘‘has been identi-
fied under the program established under subsection 
(a).’’; and
834 
(3) in paragraph (3), by striking ‘‘the contract’’ 
and all that follows and inserting ‘‘the contractor, or 
the recipient of the grant or cooperative agreement, 
has been identified under the program established 
under subsection (a).’’. 
(c) CONTRACT CLAUSE.—Section 841(d)(2)(B) of 
such Act is amended by inserting after ‘‘subsection (c)’’ 
the following: ‘‘and restrict future award to any con-
tractor, or recipient of a grant or cooperative agreement, 
that has been identified under the program established 
under subsection (a)’’. 
(d) DISCLOSURE
OF INFORMATION EXCEPTION.— 
Section 841(e) of such Act is amended by adding at the 
end the following new paragraph: 
‘‘(3) To provide that full disclosure of informa-
tion to the contractor or recipient of a grant or co-
operative agreement justifying an action taken under 
subsection (c) need not be provided when such dis-
closure would compromise national security or would 
pose an unacceptable threat to the personnel of the 
United States or coalition forces.’’. 
(e) PARTICIPATION OF SECRETARY OF STATE.—Sec-
tion 841 of such Act (10 U.S.C. 2302 note) is further 
amended—
835 
(1) in subsection (a) in the matter preceding 
paragraph (1), by striking ‘‘in consultation with’’; 
and 
(2) in subsection (f)(1), by striking ‘‘in con-
sultation with’’. 
(f) ADDITIONAL ACCESS TO RECORDS.—Section 842 
of such Act (10 U.S.C. 2302 note) is amended— 
(1) in subsection (a), by striking paragraph (4); 
(2) by striking subsection (b); 
(3) by striking subsection (c); 
(4) by redesignating paragraphs (1) through 
(3) of subsection (a) as subsections (a) through (c), 
respectively; 
(5) by striking ‘‘(a) CONTRACTS, GRANTS, AND 
COOPERATIVE AGREEMENTS.—’’; 
(6) in subsection (a), as so redesignated, by 
striking ‘‘, except as provided under subsection 
(c)(1), the clause described in paragraph (2)’’ and 
inserting ‘‘the clause described in subsection (b)’’; 
(7) in subsection (b), as so redesignated— 
(A) by striking ‘‘paragraph (3)’’ and in-
serting ‘‘subsection (c)’’; and 
(B) by striking ‘‘ensure that funds’’ and 
all that follows and inserting ‘‘support the pro-
gram established under section 841(a).’’; and
836 
(8) in subsection (c), as so redesignated— 
(A) by striking ‘‘paragraph (2)’’ and in-
serting ‘‘subsection (b)’’; and 
(B) by striking ‘‘that funds’’ and all that 
follows and inserting ‘‘that the examination of 
such records will support the program estab-
lished under section 841(a).’’. 
(g) INCLUSION OF ALL CONTRACTS.—Sections 841 
and 842 of such Act (10 U.S.C. 2302 note) are further 
amended by striking ‘‘covered contract’’ each place it ap-
pears and inserting ‘‘contract’’. 
(h) INCLUSION OF ALL COMBATANT COMMANDS.— 
Sections 841 and 842 of such Act (10 U.S.C. 2302 note) 
are further amended by striking ‘‘covered combatant com-
mand’’ each place it appears and inserting ‘‘combatant 
command’’. 
(i) DELEGATION AUTHORITY OF COMBATANT COM-
MANDER.—Sections 841 and 842 of such Act (10 U.S.C. 
2302 note) are further amended by striking ‘‘specified 
deputies’’ each place it appears and inserting ‘‘designee’’. 
(j) DEFINITION REVISIONS.—Section 843 of such 
Act (10 U.S.C. 2302 note) is amended— 
(1) by striking paragraphs (2), (3), (4), and 
(5);
837 
(2) by redesignating paragraphs (6), (7), (8), 
and (9) as paragraphs (2), (3), (4), and (5), respec-
tively; and 
(3) by amending paragraph (2), as so redesig-
nated, to read as follows: 
‘‘(2) COVERED PERSON OR ENTITY.—The term 
‘covered person or entity’ means a person that is— 
‘‘(A) engaging in acts of violence against 
personnel of the United States or coalition 
forces; 
‘‘(B) providing financing, logistics, train-
ing, or intelligence to a person described in sub-
paragraph (A); 
‘‘(C) engaging in foreign intelligence activi-
ties against the United States or against coali-
tion forces; 
‘‘(D) engaging in transnational organized 
crime or criminal activities; or 
‘‘(E) engaging in other activities that 
present a direct or indirect risk to the national 
security of the United States or coalition 
forces.’’.
838 
SEC. 823. CONTRACTOR LOBBYING RESTRICTION COMPLI-
ANCE REQUIREMENT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall promulgate regulations requiring each offeror that 
submits a bid or proposal in response to a solicitation 
issued by the Department of Defense to include in such 
bid or proposal a representation that all covered individ-
uals receiving compensation from such offeror are in com-
pliance with the requirements of section 1045 of the Na-
tional Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91; 131 Stat. 1555; 10 U.S.C. 971 note 
prec.). 
(b) COVERED INDIVIDUALS DEFINED.—The term 
‘‘covered individual’’ means an individual described in sub-
section (a)(2) or (b)(2) of section 1045 of the National 
Defense Authorization Act for Fiscal Year 2018 (Public 
Law 115-91; 131 Stat. 1555; 10 U.S.C. 971 note prec.). 
Subtitle C—Provisions Relating to 
Supply Chain Security 
SEC. 831. DEPARTMENT OF DEFENSE RESEARCH AND DE-
VELOPMENT PRIORITIES. 
The Secretary of Defense shall coordinate with the 
Secretary of Energy to ensure that the priorities of the 
Department of Defense with respect to the research and 
development of alternative technologies to, and methods
839 
for the extraction, processing, and recycling of, critical 
minerals (as defined in section 2(b) of the National Mate-
rials and Minerals Policy, Research, and Development Act 
of 1980 (30 U.S.C. 1601(b))) are included in the appro-
priate research and development activities funded by the 
Secretary of Energy pursuant to the program established 
under paragraph (g) of section 7002 of division Z of the 
Consolidated Appropriations Act, 2021 (Public Law 116– 
260). 
SEC. 832. DEFENSE SUPPLY CHAIN RISK ASSESSMENT 
FRAMEWORK. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
shall establish a framework, which may be included as part 
of a framework developed under section 2509 of title 10, 
United States Code, and pursuant to recommendations 
provided under section 5 of Executive Order 14017 (86 
Fed. Reg. 11849, relating to America’s supply chains), to 
consolidate the information relating to risks to the defense 
supply chain that is collected by the elements of the De-
partment of Defense to— 
(1) enable Department-wide risk assessments of 
the defense supply chain; and 
(2) support the development of strategies to 
mitigate risks to the defense supply chain.
840 
(b) FRAMEWORK REQUIREMENTS.—The framework 
established under subsection (a) shall— 
(1) provide for the collection, management, and 
storage of data from the supply chain risk manage-
ment processes of the Department of Defense; 
(2) provide for the collection of reports on sup-
ply chain risk management from the military depart-
ments and Defense Agencies, and the dissemination 
of such reports to the components of the military de-
partments and Defense Agencies involved in the 
management of supply chain risk; 
(3) enable all elements of the Department to 
analyze the information collected by such framework 
to identify risks to the defense supply chain; 
(4) enable the Department to— 
(A) assess the capabilities of foreign adver-
saries (as defined in section 8(c) of the Secure 
and Trusted Communications Networks Act of 
2019 (47 U.S.C. 1607(c))) to affect the defense 
supply chain; 
(B) analyze the ability of the industrial 
base of the United States to meet the needs of 
the defense supply chain;
841 
(C) track global technology trends that 
could affect the defense supply chain, as deter-
mined by the Secretary of Defense; and 
(D) assess the risks posed by emerging 
threats to the defense supply chain; 
(5) support the identification of technology in 
which the Department may invest to reduce risks to 
the defense supply chain, including by improving the 
resilience of the defense supply; and 
(6) provide for— 
(A) a map of the supply chains for major 
end items that supports analysis, monitoring, 
and reporting with respect to high-risk sub-
contractors and risks to such supply chain; and 
(B) the use of a covered application de-
scribed in subsection (c) in the creation of such 
map to assess risks to the supply chain for 
major end items by business sector, vendor, 
program, part, or technology. 
(c) COVERED APPLICATION DESCRIBED.—The cov-
ered application described in this subsection is a covered 
application that includes the following elements: 
(1) A centralized database that consolidates 
multiple disparate data sources into a single reposi-
tory to ensure the consistent availability of data.
842 
(2) Centralized reporting to allow for efficient 
mitigation and remediation of identified supply chain 
vulnerabilities. 
(3) Broad interoperability with other software 
and systems to ensure support for the analytical ca-
pabilities of user across the Department. 
(4) Scalable technology to support multiple 
users, access controls for security, and functionality 
designed for information-sharing and collaboration. 
(d) GUIDANCE.—Not later than 180 days after the 
framework required under subsection (a) is established, 
and regularly thereafter, the Secretary of Defense shall 
issue guidance on mitigating risks to the defense supply 
chain. 
(e) REPORTS.— 
(1) PROGRESS REPORT.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congres-
sional defense committees a report on the progress 
of establishing the framework as required under sub-
section (a). 
(2) FINAL REPORT.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees a report describing the frame-
843 
work established under subsection (a) and the orga-
nizational structure to manage and oversee the 
framework. 
(f) DEFINITIONS.—In this section: 
(1) COVERED APPLICATION.—The term ‘‘cov-
ered application’’ means a software-as-a-service ap-
plication that uses decision science, commercial data, 
and machine learning techniques. 
(2) DEFENSE
AGENCY; 
MILITARY
DEPART-
MENT.—The terms ‘‘Defense Agency’’ and ‘‘military 
department’’ have the meanings given such terms in 
section 101 of title 10, United States Code. 
(3) HIGH-RISK
SUBCONTRACTORS.—The term 
‘‘high-risk subcontractor’’ means a subcontractor at 
any tier that supplies major end items for the De-
partment of Defense. 
(4) MAJOR END ITEM.—The term ‘‘major end 
item’’ means an item subject to a unique item-level 
traceability requirement at any time in the life cycle 
of such item under Department of Defense Instruc-
tion 8320.04, titled ‘‘Item Unique Identification 
(IUID) Standards for Tangible Personal Property’’ 
and dated September 3, 2015, or any successor in-
struction.
844 
SEC. 833. PLAN TO REDUCE RELIANCE ON SUPPLIES AND 
MATERIALS FROM ADVERSARIES IN THE DE-
FENSE SUPPLY CHAIN. 
(a) RELIANCE REDUCTION PLAN.— 
(1) IN GENERAL.—The Secretary of Defense, in 
coordination with the Secretary of State, shall de-
velop and implement a plan to— 
(A) partner with covered private sector en-
tities and partner countries and allies of the 
United States to reduce the reliance of the 
United States on covered supplies and materials 
obtained from sources located in geographic 
areas controlled by foreign adversaries; and 
(B) mitigate the risks to national security 
and the defense supply chain arising from the 
reliance of the United States on covered sup-
plies and materials that cannot be acquired in 
sufficient quantities to meet the needs of major 
end items without procuring covered supplies 
and materials from sources located in geo-
graphic areas controlled by foreign adversaries. 
(2) CONSIDERATION.—The Secretary of De-
fense shall consider the determinations made under 
paragraph (3) when developing the plan under para-
graph (1).
845 
(3) SUPPLIES AND MATERIALS SOURCE DETER-
MINATIONS.—Before developing the plan under 
paragraph (1), the Secretary of Defense, in coordi-
nation with Secretary of State, shall determine— 
(A) the covered supplies and materials for 
which a source is located in a geographic area 
controlled by a foreign adversary; 
(B) the covered supplies and materials de-
scribed in subparagraph (A) that may be ac-
quired from sources located domestically or in 
geographic areas controlled by partner countries 
or allies of the United States in sufficient quan-
tities to— 
(i) reduce the reliance of the Depart-
ment on covered supplies and materials de-
scribed in subparagraph (A); and 
(ii) increase the resiliency of the de-
fense supply chain; 
(C) the difference in cost to acquire cov-
ered supplies and materials described in sub-
paragraph (A) from sources located domesti-
cally or in geographic areas controlled by part-
ner countries or allies of the United States, if 
available; and
846 
(D) the covered supplies and materials de-
scribed in subparagraph (A) that cannot be ac-
quired in sufficient quantities to meet the needs 
of major end items without sources located in 
geographic areas controlled by foreign adver-
saries. 
(b) REPORT.—Not later than two years after the en-
actment of this Act, the Secretary of Defense shall submit 
to the appropriate congressional committees a report de-
scribing— 
(1) the determinations made under subsection 
(a)(3); 
(2) the plan required under subsection (a)(1). 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The Committee on Armed Services of 
the House of Representatives. 
(B) The Committee on Armed Services of 
the Senate. 
(C) The Committee on Foreign Affairs of 
the House of Representatives. 
(D) The Committee on Foreign Relations 
of the Senate.
847 
(2) COVERED PRIVATE SECTOR ENTITY.—The 
term ‘‘covered private sector entity’’ means a private 
sector entity able to provide, or facilitate the acquisi-
tion of, covered supplies and materials from domes-
tic sources or sources located in geographic areas 
controlled by partner countries or allies of the 
United States. 
(3) COVERED SUPPLIES AND MATERIALS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘covered supplies 
and materials’’— 
(i) means— 
(I) critical safety systems and 
subsystems; 
(II) assemblies and subassemblies 
integral to a system or subsystem; 
and 
(III) repair, maintenance, logis-
tics support, and overhaul services for 
systems, subsystems, assemblies, sub-
assemblies, and parts integral to a 
systems; and 
(ii) includes systems, subsystems, as-
semblies, subassemblies, and parts de-
scribed in clause (i) acquired with respect
848 
to commercial items (as defined under sec-
tion 2.101 of title 48, Code of Federal 
Regulations) and non-commercial items. 
(B) CERTAIN
STRATEGIC
AND
CRITICAL 
MATERIALS
EXCLUDED.—The term ‘‘covered 
supplies and materials’’ does not include any 
strategic and critical materials (as defined 
under section 12 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h–3)) 
with respect to which the Secretary includes an 
appropriate reduction plan in a report required 
under section 14 of such Act (50 U.S.C. 98h– 
5). 
(4) FOREIGN ADVERSARY.—The term ‘‘foreign 
adversary’’ has the meaning given such term in sec-
tion 8(c) of the Secure and Trusted Communications 
Networks Act of 2019 (47 U.S.C. 1607(c)). 
(5) MAJOR END ITEM.—The term ‘‘major end 
item’’ means an item subject to a unique item-level 
traceability requirement at any time in the life cycle 
of such item under Department of Defense Instruc-
tion 8320.04, titled ‘‘Item Unique Identification 
(IUID) Standards for Tangible Personal Property’’ 
and dated September 3, 2015, or any successor in-
struction.
849 
SEC. 834. ENHANCED DOMESTIC CONTENT REQUIREMENT 
FOR MAJOR DEFENSE ACQUISITION PRO-
GRAMS. 
(a) ASSESSMENT REQUIRED.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees a report assessing the domestic 
source content of any procurement. 
(2) INFORMATION REPOSITORY.—The Secretary 
of Defense shall establish an information repository 
for the collection and analysis of information related 
to domestic source content that can be used for con-
tinuous data analysis and program management ac-
tivities. 
(b) ENHANCED
DOMESTIC
CONTENT
REQUIRE-
MENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), for purposes of chapter 83 of title 41, 
United States Code, manufactured articles, mate-
rials, or supplies procured are manufactured sub-
stantially all from articles, materials, or supplies 
mined, produced, or manufactured in the United 
States if the cost of such component articles, mate-
rials, or supplies—
850 
(A) supplied not later than the date of the 
enactment of this Act, exceeds 60 percent of 
cost of the manufactured articles, materials, or 
supplies procured; 
(B) supplied during the period beginning 
January 1, 2024, and ending December 31, 
2028, exceeds 65 percent of the cost of the 
manufactured articles, materials, or supplies; 
and 
(C) supplied on or after January 1, 2029, 
exceeds 75 percent of the cost of the manufac-
tured articles, materials, or supplies. 
(2) EXCLUSION FOR CERTAIN MANUFACTURED 
ARTICLES.—Paragraph (1) shall not apply to manu-
factured articles that consist wholly or predomi-
nantly of iron, steel, or a combination of iron and 
steel. 
(3) RULEMAKING.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary of Defense shall issue rules 
to determine the treatment of the lowest price 
offered for a foreign end product for which 55 
percent or more of the component articles, ma-
terials, or supplies of such foreign end product
851 
are manufactured substantially all from articles, 
materials, or supplies mined, produced, or man-
ufactured in the United States if— 
(i) the application paragraph (1) re-
sults in an unreasonable cost; or 
(ii) no offers are submitted to supply 
manufactured articles, materials, or sup-
plies manufactured substantially all from 
articles, materials, or supplies mined, pro-
duced, or manufactured in the United 
States. 
(B) TERMINATION.—Rules issued under 
this paragraph shall cease to have force or ef-
fect on January 1, 2030. 
(4) APPLICABILITY.—The requirements of this 
subsection shall apply to contracts entered into on or 
after the date of the enactment of this Act. 
SEC. 835. REDUCTION OF FLUCTUATIONS OF SUPPLY AND 
DEMAND FOR CERTAIN COVERED ITEMS. 
(a) SUPPLY
AND DEMAND REQUIREMENTS.—Not 
later than one year after the date of the enactment of this 
Act, the Secretary of Defense shall— 
(1) specify methods and processes to track and 
reduce fluctuations in supply chain forecasting and 
demand requirements of the Office of the Secretary
852 
of Defense, each military department, and the De-
fense Logistics Agency for covered items; and 
(2) implement policies to encourage predictable 
demand requirements for covered items for the Of-
fice of the Secretary of Defense, each military de-
partment, and the Defense Logistics Agency. 
(b) REPORT.—Not later than 15 months after the 
date of the enactment of this Act, and quarterly there-
after, each Secretary of a military department and the Di-
rector of the Defense Logistics Agency shall submit to the 
Under Secretary of Defense for Acquisition and 
Sustainment a report on the fluctuations in supply chain 
forecasting and demand requirements for each covered 
item, expressed as a percentage. 
(c) COVERED ITEM DEFINED.—In this section, the 
term ‘‘covered item’’ means a covered item described in 
subparagraph (B), (C), or (E) of subsection (b)(1) or sub-
section (b)(2) of section 2533a of title 10, United States 
Code. 
SEC. 836. PROHIBITION ON CERTAIN PROCUREMENTS 
FROM THE XINJIANG UYGHUR AUTONOMOUS 
REGION. 
(a) PROHIBITION ON THE AVAILABILITY OF FUNDS 
FOR CERTAIN PROCUREMENTS FROM XUAR.—None of 
the funds authorized to be appropriated by this Act or
853 
otherwise made available for fiscal year 2022 for the De-
partment of Defense may be obligated or expended to pro-
cure any products mined, produced, or manufactured 
wholly or in part by forced labor from XUAR or from an 
entity that has used labor from within or transferred from 
XUAR as part of a ‘‘poverty alleviation’’ or ‘‘pairing as-
sistance’’ program. 
(b) RULEMAKING.—The Secretary of Defense shall 
issue rules not later than 90 days after the date of the 
enactment of this Act to require a certification from 
offerors for contracts with the Department of Defense 
stating the offeror has made a good faith effort to deter-
mine that forced labor from XUAR, as described in sub-
section (a), was not or will not be used in the performance 
of such contract. 
(c) DEFINITIONS.—In this section: 
(1) FORCED LABOR.—The term ‘‘forced labor’’ 
means all work or service which is exacted from any 
person under the menace of any penalty for its non-
performance and for which the worker does not offer 
himself voluntarily. 
(2) PERSON.—The term ‘‘person’’ means— 
(A) a natural person, corporation, com-
pany, business association, partnership, society,
854 
trust, or any other nongovernmental entity, or-
ganization, or group; or 
(B) any successor, subunit, parent entity, 
or subsidiary of, or any entity under common 
ownership or control with, any entity described 
in subparagraph (A). 
(3) XUAR.—The term ‘‘XUAR’’ means the 
Xinjiang Uyghur Autonomous Region of the Peo-
ple’s Republic of China. 
SEC. 837. ENSURING CONSIDERATION OF THE NATIONAL 
SECURITY IMPACTS OF URANIUM AS A CRIT-
ICAL MINERAL. 
(a) IN GENERAL.—The Secretary of Defense, in co-
ordination with the Secretary of Energy and the Secretary 
of Commerce, shall conduct an assessment of the effect 
on national security that would result from uranium ceas-
ing to be designated as a critical mineral by the Secretary 
of the Interior under section 7002(c) of the Energy Act 
of 2020 (Public Law 116–260; 30 U.S.C. 1606(c)). 
(b) REPORT.—The Secretary of Defense shall submit 
to the congressional defense committees a report on the 
findings of the assessment conducted under subsection (a), 
including— 
(1) the effects of the loss of domestic uranium 
production on—
855 
(A) Federal national security programs, in-
cluding any existing and potential future uses 
of unobligated uranium originating from domes-
tic sources; and 
(B) the energy security of the United 
States; 
(2) a description of the extent of the reliance of 
the United States on imports of uranium from for-
eign sources, including from state-owned entities, to 
supply fuel for commercial reactors; and 
(3) the effects of such reliance and other fac-
tors on the domestic production, conversion, fabrica-
tion, and enrichment of uranium. 
(c) URANIUM
CRITICAL
MINERAL
DESIGNATION 
CHANGE RESTRICTED.—Notwithstanding section 7002(c) 
of the Energy Act of 2020 (Public Law 116–260; 30 
U.S.C. 1606(c)), until the submission of the report re-
quired under subsection (b), the designation of uranium 
as a critical mineral pursuant to such section may not be 
altered or eliminated. 
SEC. 838. STATEMENT OF POLICY AND DETERMINATION RE-
LATED TO COVERED OPTICAL TRANSMISSION 
EQUIPMENT OR SERVICES. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States that covered optical transmission equipment
856 
or services is a critical component of the United States 
information and communications technology supply chain, 
and the Department of Defense should procure covered 
optical transmission equipment or services from trusted 
manufacturers and suppliers for use in communications 
networks. 
(b) DETERMINATION RELATED TO COVERED OPTI-
CAL TRANSMISSION EQUIPMENT OR SERVICES.— 
(1) PROCEEDING.—Not later than 45 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall commence a process to make 
a determination whether a proposed procurement of 
covered optical transmission equipment or services 
that is manufactured, produced, or distributed by an 
entity owned, controlled, or supported by the Peo-
ple’s Republic of China poses an unacceptable risk 
to the national security of the United States. 
(2) COMMUNICATION OF DETERMINATION.—If 
the Secretary determines pursuant to paragraph (1) 
that a proposed procurement of covered optical 
transmission equipment or services poses an unac-
ceptable risk, the Secretary shall immediately pub-
lish that determination in the Federal Register and 
submit that determination to the relevant Federal
857 
agencies, including the Department of Commerce 
and the Federal Communications Commission. 
(c) COMMERCIAL NETWORKS.— 
(1) STUDY REQUIRED.—If the Secretary of De-
fense makes a determination under subsection (b) 
that a proposed procurement of covered optical 
transmission equipment or services poses an unac-
ceptable risk to the national security of the United 
States, the Federal Communications Commission 
shall— 
(A) within 90 days after receipt of such 
determination, complete a study to determine 
the extent to which such covered optical trans-
mission equipment or services is present in 
commercial communications networks in the 
United States; and 
(B) submit to Congress a report on the 
study conducted under subparagraph (A). 
(2) COVERED COMMUNICATIONS EQUIPMENT OR 
SERVICES LIST.—If the requirements for placement 
on the covered communications equipment or serv-
ices list under section 2 of the Secure and Trusted 
Communications Networks Act of 2019 (47 U.S.C. 
1601) are met, the Federal Communications Com-
mission shall place such covered optical transmission
858 
equipment or services on such list, but the prohibi-
tion in section 3(a)(1)(B) of such Act (47 U.S.C. 
1602(a)(1)(B)) shall not take effect until the date 
that is 1 year after the Commission places such cov-
ered optical transmission equipment or services on 
such list. 
(3) REIMBURSEMENT.—Any covered optical 
transmission equipment or services placed on the 
covered communications equipment or services list 
described in paragraph (2) shall not be eligible for 
reimbursement under the Secure and Trusted Com-
munications Networks Reimbursement Program es-
tablished under section 4 of the Secure and Trusted 
Communications Networks Act of 2019 (47 U.S.C. 
1603) until the date that is 1 year after the Com-
mission places such covered optical transmission 
equipment or services on such list. 
(d) COVERED OPTICAL TRANSMISSION EQUIPMENT 
OR SERVICES DEFINED.—In this section, the term ‘‘cov-
ered optical transmission equipment or services’’ means— 
(1) optical transmission equipment, including 
optical fiber and cable, that is capable of routing or 
redirecting user data traffic or permitting visibility 
into any user data or packets that such equipment 
transmits or handles; or
859 
(2) services that use such equipment. 
SEC. 839. SUPPLY OF SYNTHETIC GRAPHITE FOR THE DE-
PARTMENT OF DEFENSE. 
The Secretary of Defense— 
(1) shall deem synthetic graphite material to be 
a strategic and critical material for defense, indus-
trial, and civilian needs; and 
(2) to the maximum extent practicable, shall ac-
quire synthetic graphite material in the following 
order of preference: 
(A) First, from sources domestically owned 
and produced within the United States. 
(B) Second, from sources located within 
the United States or the national technology 
and industrial base (as defined in section 2500 
of title 10, United States Code). 
(C) Third, from other sources as appro-
priate.
860 
Subtitle D—Industrial Base 
Matters 
SEC. 841. MODIFICATION OF PILOT PROGRAM FOR DEVEL-
OPMENT OF TECHNOLOGY-ENHANCED CAPA-
BILITIES 
WITH 
PARTNERSHIP 
INTER-
MEDIARIES. 
Section 851 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 
1510; 10 U.S.C. 2283 note) is amended to read as follows: 
‘‘SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECH-
NOLOGY-ENHANCED 
CAPABILITIES 
WITH 
PARTNERSHIP INTERMEDIARIES. 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense 
may authorize the Commander of the United States Spe-
cial Operations Command to use funds described in sub-
section (b) for a pilot program under which the Com-
mander shall make, through the use of a partnership 
intermediary, covered awards to small business concerns 
to develop technology-enhanced capabilities for special op-
erations forces. 
‘‘(b) FUNDS.— 
‘‘(1) IN GENERAL.—The funds described in this 
subsection are funds transferred to the Commander 
of the United States Special Operations Command 
to carry out the pilot program established under this
861 
section from funds available to be expended by each 
covered entity pursuant to section 9(f) of the Small 
Business Act. 
‘‘(2) LIMITATIONS.— 
‘‘(A) FISCAL YEAR.—A covered entity may 
not transfer to the Commander an amount 
greater than 10 percent of the funds available 
to be expended by such covered entity pursuant 
to section 9(f) of the Small Business Act for a 
fiscal year. 
‘‘(B) AGGREGATE
AMOUNT.—The aggre-
gate amount of funds to be transferred to the 
Commander may not exceed $20,000,000. 
‘‘(c) PARTNERSHIP INTERMEDIARIES.— 
‘‘(1) AUTHORIZATION.—The Commander may 
modify an existing agreement with a partnership 
intermediary to assist the Commander in carrying 
out the pilot program under this section, including 
with respect to the award of contracts and agree-
ments to small business concerns. 
‘‘(2) LIMITATION.—None of the funds described 
in subsection (b) may be used to pay a partnership 
intermediary for any costs associated with the pilot 
program.
862 
‘‘(3) DATA.—With respect to a covered award 
made under this section, the Commander shall gath-
er data on the role of the partnership intermediary 
to include the— 
‘‘(A) staffing structure; 
‘‘(B) funding sources; and 
‘‘(C) methods for identifying and evalu-
ating small business concerns eligible for a cov-
ered award. 
‘‘(d) REPORT.— 
‘‘(1) ANNUAL REPORT.—Not later than October 
1 of each year until October 1, 2026, the Com-
mander of the United States Special Operations 
Command, in coordination with the Under Secretary 
of Defense for Research and Engineering, shall sub-
mit to the congressional defense committees, the 
Committee on Small Business of the House of Rep-
resentatives, and the Committee on Small Business 
and Entrepreneurship of the Senate a report includ-
ing— 
‘‘(A) a description of each agreement with 
a partnership intermediary entered into pursu-
ant to this section; 
‘‘(B) for each covered award made under 
this section—
863 
‘‘(i) a description of the role served by 
the partnership intermediary; 
‘‘(ii) the amount of funds obligated; 
‘‘(iii) an identification of the small 
business concern that received such cov-
ered award; 
‘‘(iv) a description of the use of such 
covered award; 
‘‘(v) a description of the role served 
by the program manager (as defined in 
section 1737 of title 10, United States 
Code) of the covered entity with respect to 
the small business concern that received 
such covered award, including a descrip-
tion of interactions and the process of the 
program manager in producing a past per-
formance evaluation of such concern; and 
‘‘(vi) the benefits achieved as a result 
of the use of a partnership intermediary 
for the pilot program established under 
this section as compared to previous efforts 
of the Commander to increase participa-
tion by small business concerns in the de-
velopment of technology-enhanced capabili-
ties for special operations forces; and
864 
‘‘(C) a plan detailing how each covered en-
tity will apply lessons learned from the pilot 
program to improve processes for directly work-
ing with and supporting small business con-
cerns to develop technology-enhanced capabili-
ties for special operations forces. 
‘‘(2) FINAL REPORT.—The final report required 
under this subsection shall include, along with the 
requirements of paragraph (1), a recommendation 
regarding— 
‘‘(A) whether and for how long the pilot 
program established under this section should 
be extended; and 
‘‘(B) whether to increase funding for the 
pilot program, including a justification for such 
an increase. 
‘‘(e) TERMINATION.—The authority to carry out a 
pilot program under this section shall terminate on Sep-
tember 30, 2025. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered award’ means an award 
made under the Small Business Innovation Research 
Program. 
‘‘(2) The term ‘covered entity’ means— 
‘‘(A) the Army;
865 
‘‘(B) the Navy; 
‘‘(C) the Air Force; 
‘‘(D) the Marine Corps; 
‘‘(E) the Space Force; and 
‘‘(F) any element of the Department of 
Defense that makes awards under the Small 
Business Innovation Research Program or 
Small Business Technology Transfer Program. 
‘‘(3) The term ‘partnership intermediary’ has 
the meaning given the term in section 23(c) of the 
Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3715(c)). 
‘‘(4) The term ‘small business concern’ has the 
meaning given the term under section 3 of the Small 
Business Act (15 U.S.C. 632). 
‘‘(5) The term ‘Small Business Innovation Re-
search Program’ has the meaning given the term in 
section 9(e)(4) of the Small Business Act (15 U.S.C. 
638(e)). 
‘‘(6) The term ‘technology-enhanced capability’ 
means a product, concept, or process that improves 
the ability of a member of the Armed Forces to 
achieve an assigned mission.’’.
866 
SEC. 842. DESIGNATING CERTAIN SBIR AND STTR PRO-
GRAMS AS ENTREPRENEURIAL INNOVATION 
PROJECTS. 
(a) 
ENTREPRENEURIAL
INNOVATION
PROJECT 
PILOT PROGRAM.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the covered Secretaries concerned shall each es-
tablish and carry out a pilot program to more effec-
tively transition projects that have completed a 
Phase II SBIR or STTR award and that present the 
potential to meet operational needs of elements of 
the Department of Defense to Phase III by desig-
nating eligible programs as Entrepreneurial Innova-
tion Projects. 
(2) DESIGNATION.—Not later than one year 
after the date of the enactment of this section, and 
annually thereafter, not less than five eligible pro-
grams shall be designated as Entrepreneurial Inno-
vation Projects by— 
(A) each covered Secretary concerned, in 
consultation with each chief of a covered Armed 
Force under the jurisdiction of the Secretary 
concerned; and 
(B) the Secretary of Defense for each cov-
ered element of the Department. 
(b) SELECTION REQUIREMENTS.—
867 
(1) FUTURE YEARS DEFENSE PROGRAM INCLU-
SION.—The Secretary of Defense shall include the 
estimated expenditures of each designated program 
in the first future-years defense program submitted 
to Congress under section 221 of title 10, United 
States Code, after such designated program is des-
ignated under subsection (a)(2). 
(2) PPBE COMPONENT.—Each designated pro-
gram shall be considered by the designating Sec-
retary as an integral part of the planning, pro-
graming, budgeting, and execution process of the 
Department of Defense. 
(3) 
PROGRAMMING
PROPOSAL.—Each 
des-
ignated program shall be included by the designating 
Secretary under a separate heading in any program-
ming proposals submitted to the congressional de-
fense committees. 
(4) DESIGNATION CRITERIA.—In making des-
ignations required under subsection (a)(2), the cov-
ered Secretary concerned or the Secretary of De-
fense, as applicable, shall consider— 
(A) the potential of the eligible program 
to— 
(i) advance the national security capa-
bilities of the United States;
868 
(ii) provide new technologies or proc-
esses, or new applications of existing tech-
nologies, that will enable new alternatives 
to existing programs; 
(iii) provide future cost savings; and 
(iv) significantly reduce the time to 
deliver capabilities to members of the cov-
ered Armed Forces; and 
(B) any other criteria that the covered 
Secretary concerned or Secretary of Defense, as 
applicable, determines appropriate. 
(5) MITIGATE CONFLICTS OF INTEREST.—The 
covered Secretary concerned or the Secretary of De-
fense, as applicable, shall establish procedures for 
the 
designation 
of 
Entrepreneurial 
Innovation 
Projects which will mitigate, to the greatest extent 
practicable, organizational conflicts of interests, in-
cluding those from within Governmental organiza-
tions or programs that could view the designation 
and successful completion of an Entrepreneurial In-
novation Project as a competing alternative to an ex-
isting or proposed program or other activity. 
(6) APPLICATION.—The Secretary of Defense 
and each covered Secretary concerned shall establish
869 
an application process for eligible programs seeking 
designation as Entrepreneurial Innovation Projects. 
(c) REVOCATION OF DESIGNATION.—If the desig-
nating Secretary determines that a designated program no 
longer meets the criteria in subsection (b)(4) or that the 
technology has become irrelevant, the designating Sec-
retary may revoke the Entrepreneurial Innovation Project 
designation for such designated program. 
(d) REPORTS TO CONGRESS.— 
(1) ANNUAL REPORT.—The Secretary of De-
fense shall submit to congressional defense commit-
tees, the Committee on Small Business and Entre-
preneurship of the Senate, and the Committee on 
Small Business of the House of Representatives, 
concurrently with the President’s annual budget re-
quest, an annual report that includes for each des-
ignated program— 
(A) a description of the designated pro-
gram; 
(B) a summary of the potential of the des-
ignated program as considered under subsection 
(b)(4)(A); 
(C) the progress made towards inclusion in 
the future-years defense program;
870 
(D) the progress made towards delivering 
on the potential of the designated program; and 
(E) such other information that the Sec-
retary determines appropriate to inform the 
congressional defense committees about the sta-
tus of the pilot programs established under this 
section. 
(2) FINAL REPORT.—In the last report sub-
mitted under paragraph (1) prior to December 31, 
2027, the Secretary of Defense shall include a rec-
ommendation on whether to extend the pilot pro-
grams established under this section and the appro-
priate duration of such extension, if any. 
(e) EFFECTIVE DATE.—This section shall take effect 
on January 1, 2022. 
(f) TERMINATION DATE.—The pilot programs estab-
lished under this section shall terminate on December 31, 
2027. 
(g) DEFINITIONS.—In this section: 
(1) COVERED ARMED FORCES.—The term ‘‘cov-
ered Armed Forces’’ means— 
(A) the Army; 
(B) the Navy; 
(C) the Air Force; 
(D) the Marine Corps; and
871 
(E) the Space Force. 
(2) COVERED
ELEMENT
OF
THE
DEPART-
MENT.—The term ‘‘covered element of the Depart-
ment’’ means any element of the Department of De-
fense, other than an element referred to in para-
graph (3), that is associated with the Small Busi-
ness Innovation Research or Small Business Tech-
nology Transfer programs. 
(3) COVERED
SECRETARY
CONCERNED.—The 
term ‘‘covered Secretary concerned’’ means— 
(A) the Secretary of the Army, with re-
spect to matters concerning the Department of 
the Army; 
(B) the Secretary of the Navy, with re-
spect to matters concerning the Department of 
the Navy (other than matters concerning the 
Coast Guard); and 
(C) the Secretary of the Air Force, with 
respect to matters concerning the Department 
of the Air Force. 
(4) ELIGIBLE
PROGRAM.—The term ‘‘eligible 
program’’ means a project that has completed a 
Phase II SBIR or STTR award. 
(5) DESIGNATED PROGRAM.—The term ‘‘des-
ignated program’’ means an eligible program that
872 
has been designated as an Entrepreneurial Innova-
tion Project under this section and for which such 
designation has not been revoked under subsection 
(c). 
(6) 
DESIGNATING
SECRETARY.—The 
term 
‘‘designating Secretary’’ means— 
(A) with respect to a designated program 
designated as an Entrepreneurial Innovation 
Project under this section by a covered Sec-
retary concerned, such covered Secretary con-
cerned; and 
(B) with respect to all other designated 
programs, the Secretary of Defense. 
(7) PHASE
II; PHASE
III; SBIR; STTR.—The 
terms ‘‘Phase II’’, ‘‘Phase III’’, ‘‘SBIR’’, and 
‘‘STTR’’ have the meanings given such terms in sec-
tion 9(e) of the Small Business Act (15 U.S.C. 
638(e)). 
SEC. 843. MODIFICATIONS TO PRINTED CIRCUIT BOARD AC-
QUISITION RESTRICTIONS. 
(a) IN GENERAL.—Section 2533d of title 10, United 
States Code, is amended— 
(1) in subsection (a)—
873 
(A) in paragraph (1), by striking ‘‘January 
1, 2023’’ and inserting ‘‘the date determined 
under paragraph (3)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) Paragraph (1) shall take effect on January 
1, 2027.’’; 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘specified type of’’ 
after ‘‘means any’’; 
(ii) in subparagraph (A), by striking 
‘‘(as such terms are defined under sections 
103 and 103a of title 41, respectively)’’; 
and 
(iii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) is a component of— 
‘‘(i) a defense security system; or 
‘‘(ii) a system, other than a defense 
security system, that transmits or stores 
information and which the Secretary iden-
tifies as national security sensitive in the
874 
contract under which such printed circuit 
board is acquired.’’; and 
(B) by adding at the end the following new 
paragraphs: 
‘‘(3) 
COMMERCIAL
PRODUCT; 
COMMERCIAL 
SERVICE; 
COMMERCIALLY
AVAILABLE
OFF-THE 
SHELF
ITEM.—The terms ‘commercial product’, 
‘commercial service’, and ‘commercially available off- 
the-shelf item’ have the meanings given such terms 
in sections 103, 103a, and 104 of title 41, respec-
tively. 
‘‘(4) DEFENSE SECURITY SYSTEM.— 
‘‘(A) The term ‘defense security system’ 
means an information system (including a tele-
communications system) used or operated by 
the Department of Defense, by a contractor of 
the Department, or by another organization on 
behalf of the Department, the function, oper-
ation, or use of which— 
‘‘(i) involves command and control of 
an armed force; 
‘‘(ii) involves equipment that is an in-
tegral part of a weapon or weapon system; 
or
875 
‘‘(iii) subject to subparagraph (B), is 
critical to the direct fulfillment of military 
missions. 
‘‘(B) Subparagraph (A)(iii) does not in-
clude a system that is to be used for routine ad-
ministrative and business applications (includ-
ing payroll, finance, logistics, and personnel 
management applications). 
‘‘(5) SPECIFIED
TYPE.—The term ‘specified 
type’ means a printed circuit board that is— 
‘‘(A) a component of an electronic device 
that facilitates the routing, connecting, trans-
mitting or securing of data and is commonly 
connected to a network, and 
‘‘(B) any other end item, good, or product 
specified by the Secretary in accordance with 
subsection (d)(2).’’; and 
(3) by amending subsection (d) to read as fol-
lows: 
‘‘(d) RULEMAKING.— 
‘‘(1) The Secretary may issue rules providing 
that subsection (a) may not apply with respect to an 
acquisition of commercial products, commercial serv-
ices, and commercially available off-the-shelf items 
if—
876 
‘‘(A) the contractor is capable of meeting 
minimum requirements that the Secretary 
deems necessary to provide for the security of 
national security networks and weapon systems, 
including, at a minimum, compliance with sec-
tion 224 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 
10 U.S.C. 2302 note); and 
‘‘(B) either— 
‘‘(i) the Government and the con-
tractor have agreed to a contract requiring 
the contractor to take certain actions to 
ensure the integrity and security of the 
item, including protecting the item from 
unauthorized access, use, disclosure, dis-
ruption, modification, or destruction; or 
‘‘(ii) the Secretary has determined 
that the contractor has adopted such pro-
cedures, tools, and methods for identifying 
the sources of components of such item, 
based on commercial best practices, that 
meet or exceed the applicable trusted sup-
ply chain and operational security stand-
ards of the Department of Defense.
877 
‘‘(2) The Secretary may issue rules specifying 
end items, goods, and products for which a printed 
circuit board that is a component thereof shall be a 
‘specified type’ if the Secretary has promulgated 
final regulations, after an opportunity for notice and 
comment that is not less than 12 months, imple-
menting this section. 
‘‘(3) In carrying out this section, the Secretary 
shall, to the maximum extent practicable, avoid im-
posing contractual certification requirements with 
respect to the acquisition of commercial products, 
commercial services, or commercially available off- 
the-shelf items.’’. 
(b) MODIFICATION OF INDEPENDENT ASSESSMENT 
OF PRINTED CIRCUIT BOARDS.—Section 841(d) of the 
William M. (Mac) Thornberry National Defense Author-
ization Act for Fiscal Year 2021 (Public Law 116–283) 
is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘the date of enactment of 
this Act’’ and inserting ‘‘the date of the enact-
ment of the National Defense Authorization Act 
for Fiscal Year 2022’’; 
(B) by striking ‘‘shall seek to enter’’ and 
inserting ‘‘shall enter’’;
878 
(C) by striking ‘‘to include printed circuit 
boards in commercial products or services, or 
in’’ and inserting ‘‘to printed circuit boards in 
other commercial or’’; and 
(D) ) by striking ‘‘the scope of mission 
critical’’ and all that follows through the period 
at the end and inserting ‘‘types of systems 
other than defense security systems (as defined 
in section 2533d(c) of title 10, United States 
Code) that should be subject to the prohibition 
in section 2533d(a) of title 10, United States 
Code.’’; 
(2) in the heading for paragraph (2), by strik-
ing ‘‘DEPARTMENT
OF
DEFENSE’’ and inserting 
‘‘DEPARTMENT OF DEFENSE’’; 
(3) in paragraph (2), by striking ‘‘one year 
after entering into the contract described in para-
graph (1)’’ and inserting ‘‘January 1, 2023’’; 
(4) in the heading for paragraph (3), by strik-
ing ‘‘CONGRESS’’ and inserting ‘‘CONGRESS’’; and 
(5) in paragraph (3), by inserting after ‘‘the 
recommendations of the report.’’ the following: ‘‘The 
Secretary shall use the report to determine whether 
any systems (other than defense security systems (as 
defined in section 2533d(c) of title 10, United States
879 
Code)) or other types of printed circuit boards 
should be subject to the prohibition in section 
2533d(a) of title 10, United States Code.’’. 
SEC. 844. DEFENSE INDUSTRIAL BASE COALITION FOR CA-
REER DEVELOPMENT. 
(a) IN GENERAL.—The Under Secretary of Defense 
for Acquisition and Sustainment shall establish and man-
age a coalition among covered institutions of higher edu-
cation, career and technical education programs, work-
force development boards, labor organizations, and organi-
zations representing defense industrial base contractors to 
focus on career pathways for individuals seeking careers 
in manufacturing. The goals of the coalition shall be— 
(1) to highlight the importance of expertise in 
manufacturing careers; 
(2) to share experiences of successful partner-
ships between such organizations and covered insti-
tutions of higher education to create opportunities 
for individuals attending such institutions to be 
hired by defense industrial base contractors; and 
(3) to encourage opportunities for donating 
used equipment of defense industrial base contrac-
tors to covered institutions of higher education for 
use in training such individuals.
880 
(b) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Under Secretary of De-
fense for Acquisition and Sustainment, in coordination 
with the coalition established under subsection (a), shall 
submit to the congressional defense committees a report 
including— 
(1) the results of any cooperative work-edu-
cation program established by defense laboratories 
pursuant to section 2195 of title 10, United States 
Code; 
(2) an assessment of whether such programs 
could be expanded to include individuals attending 
secondary schools and career and technical education 
programs to create opportunities for such individuals 
to be hired by defense industrial base contractors; 
and 
(3) recommendations for whether incentive con-
tracts are needed to encourage defense industrial 
base contractors to provide career pathways for indi-
viduals seeking careers in manufacturing. 
(c) DEFINITIONS.—In this section: 
(1) COVERED INSTITUTION OF HIGHER EDU-
CATION.—The term ‘‘covered institution of higher 
education’’ means—
881 
(A) an institution of higher education, as 
defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001); and 
(B) a postsecondary vocational institution, 
as defined in section 102(c) of such Act (20 
U.S.C. 1002(c)). 
(2) 
DEFENSE
INDUSTRIAL
BASE
CON-
TRACTOR.—The term ‘‘defense industrial base con-
tractor’’ means a prime contractor or subcontractor 
(at any tier) in the defense industrial base. 
(3) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given such term in 
section 2(5) of the National Labor Relations Act (29 
U.S.C. 152(5)). 
(4) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given such term in 
section 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(5) CAREER AND TECHNICAL EDUCATION.—The 
term ‘‘career and technical education’’ has the 
meaning given such term in section 3 of the Carl D. 
Perkins Career and Technical Education Act of 
2006 (20 U.S.C. 2302). 
(6) WORKFORCE DEVELOPMENT BOARD.—The 
term ‘‘workforce development board’’ means a State
882 
board or a local board, as such terms are defined in 
section 3 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3102). 
SEC. 845. ADDITIONAL TESTING OF COMMERCIAL E-COM-
MERCE PORTAL MODELS. 
Section 846(c) of the National Defense Authorization 
Act for Fiscal Year 2018 (41 U.S.C. 1901 note) is amend-
ed by adding at the end the following new paragraphs: 
‘‘(5) ADDITIONAL TESTING.—Not later than 90 
days after the date of the enactment of this para-
graph, the Administrator shall— 
‘‘(A) begin testing commercial e-commerce 
portal models other than any commercial e-com-
merce portal identified in the recommendations 
issued under paragraph (3); and 
‘‘(B) shall submit to the congressional de-
fense committees a report that includes— 
‘‘(i) a summary of the assessments 
conducted under subsection (c)(2) with re-
spect to a commercial e-commerce portal 
provider identified in the recommendations 
issued under subsection (c)(3); 
‘‘(ii) a list of the types of commercial 
products procured from such provider;
883 
‘‘(iii) the amount spent by the head of 
a department or agency under the pro-
gram, disaggregated by type of commercial 
product and commercial e-commerce portal 
provider; 
‘‘(iv) a update on the commercial e- 
commerce portal models being tested and a 
timeline for completion of such testing. 
‘‘(6) REPORT.—Upon completion of testing con-
ducted under paragraph (5) and before taking any 
action with respect to the commercial e-commerce 
portal models tested, the Administrator of General 
Services shall submit to the congressional defense 
committees a report on the results of such testing 
that includes— 
‘‘(A) an assessment and comparison of 
commercial e-commerce portal providers with 
respect to— 
‘‘(i) price and quality of the commer-
cial product supplied by each commercial 
e-commerce portal model; 
‘‘(ii) supplier reliability and service; 
‘‘(iii) safeguards for the security of 
Government information and third-party 
supplier proprietary information;
884 
‘‘(iv) protections against counterfeit 
commercial products; 
‘‘(v) supply chain risks, particularly 
with respect to complex commercial prod-
ucts; and 
‘‘(vi) overall adherence to Federal pro-
curement rules and policies; and 
‘‘(B) an analysis of the costs and benefits 
of the convenience to the Federal Government 
of procuring commercial products from each 
commercial e-commerce portal providers.’’. 
SEC. 846. SUPPORT FOR INDUSTRY PARTICIPATION IN 
GLOBAL STANDARDS ORGANIZATIONS. 
(a) DEFINITION.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Small Busi-
ness Administration. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The Committee on Science, Space, and 
Technology of the House of Representatives. 
(B) The Committee on Commerce, Science, 
and Transportation of the Senate.
885 
(C) The Committee on Energy and Com-
merce of the House of Representatives. 
(D) The Committee on Energy and Nat-
ural Resources of the Senate. 
(E) The Committee on Small Business of 
the House of Representatives. 
(F) The Committee on Small Business and 
Entrepreneurship of the Senate. 
(3) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar-
tificial intelligence’’ has the meaning given the term 
in section 238(g) of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (10 
U.S.C. 2358 note). 
(4) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means a small business concern that is incor-
porated and maintains a primary place of business 
in the United States. 
(5) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given the 
term in section 3 of the Small Business Act (15 
U.S.C. 632). 
(b) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Administrator shall 
establish a program to support participation by covered 
entities in meetings and proceedings of standards develop-
886 
ment organizations in the development of voluntary tech-
nical standards. 
(c) ACTIVITIES.—In carrying out the program estab-
lished under subsection (a), the Administrator shall award 
competitive, merit-reviewed grants to covered entities to 
cover the reasonable costs, up to a specified ceiling, of par-
ticipation of employees of those covered entities in meet-
ings and proceedings of standards development organiza-
tions, including— 
(1) regularly attending meetings; 
(2) contributing expertise and research; 
(3) proposing new work items; and 
(4) volunteering for leadership roles such as a 
convener or editor. 
(d) AWARD CRITERIA.—The Administrator may only 
provide a grant under this section to a covered entity 
that— 
(1) demonstrates deep technical expertise in key 
emerging technologies and technical standards, in-
cluding artificial intelligence and related technologies 
(such as distributed ledger or cryptographic tech-
nologies); 
(2) commits personnel with such expertise to 
regular participation in global bodies responsible for
887 
developing standards for such technologies over the 
period of the grant; 
(3) agrees to participate in efforts to coordinate 
between the Federal Government and industry to en-
sure protection of national security interests in the 
setting of global standards so long as such standards 
are not dictated by the Federal Government; and 
(4) provides a plan to the Administrator that 
details the relationship between the activities de-
scribed in paragraphs (1), (2), and (3) and the pro-
posed standards to be adopted. 
(e) NO MATCHING CONTRIBUTION.—A recipient of 
an award under this section shall not be required to pro-
vide a matching contribution. 
(f) EVALUATION.— 
(1) IN
GENERAL.—In making awards under 
this section, the Administrator shall coordinate with 
the Director of the National Institute of Standards 
and Technology, who shall provide support in the as-
sessment of technical expertise in emerging tech-
nologies and standards setting needs. 
(2) PANEL RANKING.—In carrying out the re-
quirements under paragraph (1), the Administrator 
and the Director shall jointly establish a panel of ex-
perts to rank the proposed standards, based on
888 
merit and relevance, to be composed of experts 
from— 
(A) private industry; 
(B) non-profit institutions; 
(C) non-profit standards development orga-
nizations; 
(D) academia; and 
(E) the Federal Government. 
(g) REPORT.—Not less than annually, the Adminis-
trator shall submit to the appropriate congressional com-
mittees a report on— 
(1) the efficacy of the program; 
(2) an explanation of any standard adopted as 
a result of the program; 
(3) any challenges faced in carrying out the 
program; and 
(4) proposed solutions to the challenges identi-
fied in paragraph (3). 
SEC. 847. PILOT PROGRAM ON DEFENSE INNOVATION OPEN 
TOPICS. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of De-
fense, in coordination with the Under Secretary of Defense 
for Research and Engineering, the Secretary of the Air 
Force, Secretary of the Army, and Secretary of the Navy,
889 
shall establish defense innovation open topic activities 
using the Small Business Innovation Research Program 
in order to— 
(1) increase the transition of commercial tech-
nology to the Department of Defense; 
(2) expand the small business nontraditional 
defense industrial base; 
(3) increase commercialization derived from de-
fense investments; 
(4) increase diversity and participation among 
self-certified small-disadvantaged businesses, minor-
ity-owned businesses, and disabled veteran-owned 
businesses; and 
(5) expand the ability for qualifying small busi-
nesses to propose technology solutions to meet de-
fense needs. 
(b) FREQUENCY.—The Department of Defense and 
Military Services shall conduct not less than one open 
topic announcement per fiscal year. 
(c) BRIEFING.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Defense 
shall provide the congressional defense committees a brief-
ing on the establishment of the program required by sub-
section (a).
890 
(d) TERMINATION.—The pilot program authorized in 
subsection (a) shall terminate on October 1, 2025. 
SEC. 848. REPORT ON CYBERSECURITY MATURITY MODEL 
CERTIFICATION EFFECTS ON SMALL BUSI-
NESS. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Committee on Armed Services of the House of Rep-
resentatives and the Committee on Small Business of the 
House of Representatives a report on the effects of the 
Cybersecurity Maturity Model Certification framework of 
the Department of Defense on small business concerns (as 
defined under section 3 of the Small Business Act (15 
U.S.C. 632), including— 
(1) the estimated costs of complying with each 
level of the framework; 
(2) any decrease in the number of small busi-
ness concerns that are part of the defense industrial 
base resulting from the implementation and use of 
the framework; and 
(3) an explanation of how the Department of 
Defense will mitigate the negative effects to small 
business concerns that are part of the defense indus-
trial base resulting from the implementation and use 
of the framework.
891 
Subtitle E—Other Matters 
SEC. 851. MISSION MANAGEMENT PILOT PROGRAM. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary of Defense shall establish with-
in the Strategic Capabilities Office of the Department of 
Defense a pilot program to identify lessons learned and 
improved mission outcomes achieved by quickly delivering 
solutions that fulfill critical operational needs arising from 
cross-service missions undertaken by combatant com-
mands through the use of a coordinated and iterative ap-
proach to develop, evaluate, and transition such solutions. 
(b) MISSIONS SELECTION.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Deputy Secretary of Defense shall se-
lect missions with respect to which to carry out the 
pilot program. 
(2) SELECTION CRITERIA.—When selecting mis-
sions under paragraph (1), the Deputy Secretary of 
Defense shall— 
(A) select missions with critical cross-serv-
ice operational needs; and 
(B) consider— 
(i) the strategic importance of the 
critical cross-service operational needs to
892 
the operational plans of the relevant com-
batant commands; and 
(ii) the advice of the Cross-Functional 
Teams of the Strategic Capabilities Office 
regarding mission selection. 
(3) INITIAL MISSION.— 
(A) IN
GENERAL.—Not later than four 
months after the date of the enactment of this 
section, the Director of the Strategic Capabili-
ties Office shall select a mission under the pilot 
program that has critical cross-service oper-
ational needs and which is of strategic impor-
tance to the operational plans of the United 
States Indo-Pacific Command. 
(B) MISSION SELECTION APPROVAL.—The 
mission selected by the Director of the Strategic 
Capabilities Office under subparagraph (A) 
shall be subject to the approval of the Deputy 
Secretary of Defense. 
(c) MISSION MANAGERS.— 
(1) IN
GENERAL.—A mission manager shall 
carry out the pilot program with respect to each 
mission. 
(2) RESPONSIBILITIES.—With respect to each 
mission, the relevant mission manager shall—
893 
(A) identify critical cross-service oper-
ational needs by enumerating the options avail-
able to the combatant command responsible for 
carrying out such mission and determining the 
resiliency of such options to threats from adver-
saries; 
(B) in coordination with the military serv-
ices and appropriate Defense Agencies and 
Field Activities, develop and deliver solutions, 
including software and information technology 
solutions and other functionalities unaligned 
with any one weapon system of a covered 
Armed Service, to— 
(i) fulfill critical cross-service oper-
ational needs; and 
(ii) address future changes to existing 
critical cross-service operational needs by 
providing additional capabilities; 
(C) work with the combatant command re-
sponsible for such mission and the related plan-
ning organizers, service program managers, and 
defense research and development activities to 
carry out iterative testing and support to initial 
operational fielding of the solutions described in 
subparagraph (B);
894 
(D) conduct research, development, test, 
evaluation, and transition support activities 
with respect to the delivery of the solutions de-
scribed in subparagraph (B); 
(E) seek to integrate existing, emerging, 
and new capabilities available to the Depart-
ment of Defense in the development of the solu-
tions described in subparagraph (B); and 
(F) provide to the Deputy Secretary of De-
fense mission management activity updates and 
reporting on the use of funds under the pilot 
program with respect to such mission. 
(3) DIRECTOR OF THE STRATEGIC CAPABILI-
TIES OFFICE.—The Director of the Strategic Capa-
bilities Office shall be the mission manager for each 
mission selected under subsection (b). 
(4) ITERATIVE APPROACH.—The mission man-
ager shall, to the extent practicable, carry out the 
pilot program with respect to each mission selected 
under subsection (b) by integrating existing, emerg-
ing, and new military capabilities, and managing a 
portfolio of small, iterative development and support 
to initial operational fielding efforts. 
(5) OTHER
PROGRAM
MANAGEMENT
RESPON-
SIBILITIES.—The activities undertaken by the mis-
895 
sion manager with respect to a mission, including 
mission management, do not supersede or replace 
the program management responsibilities of any 
other individual that are related to such missions. 
(d) DATA COLLECTION REQUIREMENT.—The Deputy 
Secretary of Defense shall develop and implement a plan 
to collect and analyze data on the pilot program for the 
purposes of— 
(1) developing and sharing best practices for 
applying emerging technology and supporting new 
operational concepts to improve outcomes on key 
military missions and operational challenges; and 
(2) providing information to the leadership of 
the Department on the implementation of the pilot 
program and related policy issues. 
(e) ASSESSMENTS.—During the five-year period be-
ginning on the date of the enactment of this Act, the Dep-
uty Secretary of Defense shall regularly assess— 
(1) the authorities required by the missions 
manager to effectively and efficiently carry out the 
pilot program with respect to the missions selected 
under subsection (b); and 
(2) whether the mission manager has access to 
sufficient funding to carry out the research, develop-
ment, test, evaluation, and support to initial oper-
896 
ational fielding activities required to deliver solutions 
fulfilling the critical cross-service operational needs 
of the missions. 
(f) BRIEFINGS.— 
(1) SEMIANNUAL BRIEFING.— 
(A) IN GENERAL.—Not later than July 1, 
2022, and every six months thereafter until the 
date that is five years after the date of the en-
actment of this Act, the mission manager shall 
provide to the congressional defense committees 
a briefing on the progress of the pilot program 
with respect to each mission selected under sub-
section (b), the anticipated mission outcomes, 
and the funds used to carry out the pilot pro-
gram with respect to such mission. 
(B) INITIAL BRIEFING.—The Deputy Sec-
retary of Defense shall include in the first brief-
ing submitted under subparagraph (A) a brief-
ing on the implementation of the pilot program, 
including— 
(i) the actions taken to implement the 
pilot program; 
(ii) an assessment of the pilot pro-
gram;
897 
(iii) requests for Congress to provide 
authorities required to successfully carry 
out the pilot program; and 
(iv) a description of the data plan re-
quired under subsection (d). 
(2) ANNUAL
BRIEFING.—Not later than one 
year after the date on which the pilot program is es-
tablished, and annually thereafter until the date that 
is five years after the date of the enactment of this 
Act, the Deputy Secretary of Defense shall submit 
to the congressional defense committees a briefing 
on the pilot program, including— 
(A) the data collected and analysis per-
formed under subsection (d); 
(B) lessons learned; 
(C) the priorities for future activities of 
the pilot program; and 
(D) such other information as the Deputy 
Secretary determines appropriate. 
(3) RECOMMENDATION.—Not later than two 
years after the date of the enactment of this Act, the 
Deputy Secretary of Defense shall submit to Con-
gress a briefing on the recommendations of the Dep-
uty Secretary with respect to the pilot program and 
shall concurrently submit to Congress—
898 
(A) a written assessment of the pilot pro-
gram; 
(B) a written recommendation on con-
tinuing or expanding the mission integration 
pilot program; 
(C) requests for Congress to provide au-
thorities required to successfully carry out the 
pilot program; and 
(D) the data collected and analysis per-
formed under subsection (d). 
(g) TRANSITION.—Beginning in fiscal year 2025, the 
Deputy Secretary of Defense may transition responsibil-
ities for research, development, test, evaluation, and sup-
port to initial operational fielding activities started under 
the pilot program to other elements of the Department 
for purposes of delivering solutions fulfilling critical cross- 
service operational needs. 
(h) TERMINATION DATE.—The pilot program shall 
terminate on the date that is 5 years after the date of 
the enactment of this Act. 
(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as providing any authority not oth-
erwise provided by law to procure, or enter agreements 
to procure, any goods, materials, or services. 
(j) DEFINITIONS.—In this section:
899 
(1) COVERED ARMED FORCE.—The term ‘‘cov-
ered Armed Force’’ means— 
(A) the Army; 
(B) the Navy; 
(C) the Air Force; 
(D) the Marine Corps; or 
(E) the Space Force. 
(2) CROSS-FUNCTIONAL TEAMS OF THE STRA-
TEGIC
CAPABILITIES
OFFICE.—The term ‘‘Cross- 
Functional Teams of the Strategic Capabilities Of-
fice’’ means the teams established in the Strategic 
Capabilities Office of the Department of Defense 
pursuant to section 233(b) of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 
116–92; 133 Stat. 1277; 10 U.S.C. 132 note). 
(3) CROSS-SERVICE.—The term ‘‘cross-service’’ 
means pertaining to multiple covered Armed Forces. 
(4) CROSS-SERVICE OPERATIONAL NEED.—The 
term ‘‘cross-service operational need’’ means an 
operational need arising from a mission undertaken 
by a combatant command which involves multiple 
covered Armed Forces. 
(5) DEFENSE
AGENCY; 
MILITARY
DEPART-
MENT.—The terms ‘‘Defense Agency’’ and ‘‘military
900 
department’’ have the meanings given such terms in 
section 101(a) of title 10, United States Code. 
(6) FIELD ACTIVITY.—The term ‘‘Field Activ-
ity’’ has the meaning given the term ‘‘Department of 
Defense Field Activity’’ in section 101(a) of title 10, 
United States Code. 
(7) MISSION MANAGEMENT.—The term ‘‘mis-
sion management’’ means the integration of mate-
riel, digital, and operational elements to improve de-
fensive and offensive options and outcomes for a 
specific mission or operational challenge. 
(8) PILOT
PROGRAM.—The term ‘‘pilot pro-
gram’’ means the pilot program established under 
subsection (a). 
SEC. 852. PILOT PROGRAM TO DETERMINE THE COST COM-
PETITIVENESS OF DROP-IN FUELS. 
(a) ESTABLISHMENT.—The Secretary of Defense, in 
consultation with the Under Secretary of Defense for Ac-
quisition and Sustainment and the Under Secretary of De-
fense (Comptroller), shall establish a pilot program to de-
termine the cost competitiveness of the fully burdened cost 
of drop-in fuels compared with the fully burdened cost of 
traditional fuels using a scenario-based strategic sourcing 
tool as described in subsection (b).
901 
(b) USE OF SCENARIO-BASED STRATEGIC SOURCING 
TOOL.—The Under Secretary of Defense (Comptroller), 
in coordination with the Director of Defense Logistics 
Agency, shall identify an aviation fuel program and use 
a commercially available scenario-based strategic sourcing 
tool to— 
(1) analyze performance risks and benefits of 
drop-in fuels compared to traditional fuels; 
(2) determine cost-competitiveness of drop-in 
fuels compared to traditional fuels; 
(3) improve supplier performance of contracts 
to procure aviation fuel; and 
(4) minimize risk, increase transparency, and 
manage unforeseen circumstances for the Depart-
ment of Defense. 
(c) DOCUMENTATION.—The Under Secretary of De-
fense (Comptroller) shall use the scenario-based strategic 
sourcing tool described in subsection (b) to maintain docu-
mentation of the costs of each such contract in order to 
develop better price estimates and procurement strategies 
for acquiring aviation fuel. 
(d) REPORT.—Not later than September 30, 2022, 
and annually thereafter until the termination date de-
scribed in subsection (f), the Secretary of Defense shall 
submit a report to the congressional defense committees
902 
on the status and impact of the pilot program established 
under this section. 
(e) DEFINITIONS.—In this section: 
(1) The terms ‘‘drop-in fuel’’, ‘‘fully burdened 
cost’’, and ‘‘traditional fuel’’ have the meanings 
given, respectively, in section 2922h of title 10, 
United States Code. 
(2) 
The 
term 
‘‘scenario-based 
strategic 
sourcing’’ means a method for testing the supply 
chain effects using automated software to model var-
ious scenarios relating to— 
(A) contract management; 
(B) spend analysis; 
(C) supplier management; 
(D) sourcing; and 
(E) external market variables. 
(f) TERMINATION.—The pilot program established 
under this section shall terminate on September 30, 2027. 
SEC. 853. ASSURING INTEGRITY OF OVERSEAS FUEL SUP-
PLIES. 
(a) IN GENERAL.—Before awarding a contract to an 
offeror for the supply of fuel for any overseas contingency 
operation, the Secretary of Defense shall— 
(1) ensure, to the maximum extent practicable, 
that no otherwise responsible offeror is disqualified
903 
for such award on the basis of an unsupported de-
nial of access to a facility or equipment by the host 
nation government; and 
(2) require assurances that the offeror will com-
ply with the requirements of subsections (b) and (c). 
(b) REQUIREMENT.—An offeror for the supply of fuel 
for any overseas contingency operation shall— 
(1) certify that the provided fuel, in whole or in 
part, or derivatives of such fuel, is not sourced from 
a nation or region prohibited from selling petroleum 
to the United States; and 
(2) furnish such records as are necessary to 
verify compliance with such anti-corruption statutes 
and regulations as the Secretary determines nec-
essary, including— 
(A) the Foreign Corrupt Practices Act (15 
U.S.C. 78dd–1 et seq.); 
(B) the regulations contained in parts 120 
through 130 of title 22, Code of Federal Regu-
lations, or successor regulations (commonly 
known as the ‘‘International Traffic in Arms 
Regulations’’); 
(C) the regulations contained in parts 730 
through 774 of title 15, Code of Federal Regu-
lations, or successor regulations (commonly
904 
known as the ‘‘Export Administration Regula-
tions’’); and 
(D) such regulations as may be promul-
gated by the Office of Foreign Assets Control 
of the Department of the Treasury. 
(c) REPORT REQUIRED.—Not more than 180 days 
after the award of a contract for the supply of fuel for 
any overseas contingency operation that is greater than 
$50,000,000, the Inspector General of the Department of 
Defense shall submit to the congressional defense commit-
tees a report including— 
(1) an assessment of the price per gallon for 
such fuel, along with an assessment of the price per 
gallon for fuel paid by other entities in the same na-
tion or region of the nation; and 
(2) an assessment of the ability of the con-
tractor awarded such contract to comply with sanc-
tions on Iran and monitor for violations of those 
sanctions. 
(d) APPLICABILITY.—Subsections (a), (b), and (c) of 
this section shall apply with respect to contracts entered 
into on or after the date of the enactment of this Act. 
(e) AVOIDANCE OF USE OF LOWEST PRICE TECH-
NICALLY ACCEPTABLE SOURCE SELECTION CRITERIA 
FOR FUEL PROCUREMENT AND FUEL-RELATED SERV-
905 
ICES.—Section 813(c)(3) of the National Defense Author-
ization Act for Fiscal Year 2017 (10 U.S.C. 2305 note) 
is amended by inserting ‘‘, including fuel procurement and 
fuel-related services,’’ after ‘‘logistics services,’’. 
SEC. 854. CADRE OF SOFTWARE DEVELOPMENT AND AC-
QUISITION EXPERTS. 
(a) CADRE OF SOFTWARE DEVELOPMENT AND AC-
QUISITION EXPERTS.— 
(1) Not later than January 1, 2022, the Sec-
retary of Defense, acting through the Under Sec-
retary of Defense for Acquisition and Sustainment, 
shall establish a cadre of personnel who are experts 
in development and acquisition of software. The pur-
pose of the cadre is to ensure a consistent, strategic, 
and highly knowledgeable approach to developing 
and acquiring software by providing expert advice, 
assistance, and resources to the acquisition work-
force in support of the policies established in accord-
ance with Department of Defense Instruction 
5000.02, Operation of the Adaptive Acquisition 
Framework, dated January 23, 2020. 
(2) The Under Secretary shall establish an ap-
propriate leadership structure and office within 
which the cadre shall be managed, and shall deter-
906 
mine the appropriate official to whom members of 
the cadre shall report. 
(3) The cadre of experts shall be assigned to a 
program office or an acquisition command within a 
military department to advise, assist, and provide re-
sources to a program manager or program executive 
officer on matters pertaining to software at various 
stages of the life cycle of a system, including but not 
limited to integration, testing, production, certifi-
cation, deployment of capabilities to the operational 
environment, and maintenance. In performing such 
duties, the experts shall— 
(A) Advise and assist in integration of 
modern software development practices such as 
agile software development; development, secu-
rity, and operations (DevSecOps); and lean 
practices. 
(B) Advise and assist in leveraging indus-
try best practices for software development, de-
ployment, upgrades, and sustainment to include 
contracting for software as a service, subscrip-
tion models, use of prime contractors to assist 
in integration, and other methods for acquiring 
or accessing capability.
907 
(C) In conjunction with the Cadre of Intel-
lectual Property Experts established pursuant 
to section 2322 of this title, develop a strategy 
and licensing framework to enable government 
procurement of commercial software, to include: 
(i) in accordance with section 2377 of 
this title, a preference for the acquisition 
of commercial software under the license 
customarily provided to the public, except 
as specified in paragraphs (ii) and (iii); 
(ii) identification of terms or condi-
tions that may be inconsistent with federal 
procurement law; 
(iii) identification of operational user 
needs that may necessitate the negotiation 
of customized licenses to ensure authorized 
use in unique operational environments; 
and 
(iv) methods and procedures for use 
of stand-alone software licensing in cases 
where other contract vehicles are inappro-
priate or unavailable. 
(D) Establish and lead cross-functional 
government-industry teams that include oper-
ational users, data and system architects, ex-
909 
(I) Interact with or assist in interactions 
with contractors, including communications and 
negotiations with contractors on solicitations 
and awards. 
(J) Foster culture change necessary to en-
able the Department of Defense to embrace and 
leverage modern software practices by: 
(i) recommending policies to ensure 
program managers are empowered to set 
and maintain the integrity of agile develop 
process and priorities; and 
(ii) educating key stakeholders in con-
siderations regarding the integration and 
incorporation of agile software development 
practices with systems acquired under the 
major capability acquisition pathway. 
(4)(A) In order to achieve the purpose set forth 
in paragraph (1), the Under Secretary shall ensure 
the cadre has the appropriate number of staff and 
such staff possesses the necessary skills, knowledge, 
and experience to carry out the duties under para-
graph (2), including in relevant areas of law, com-
mercial software licensing, contracting, acquisition, 
logistics, engineering, financial analysis, cost esti-
mation, and valuation. The Under Secretary, in co-
910 
ordination with the Defense Acquisition University 
and in consultation with academia and industry, 
shall develop a career path, including development 
opportunities, exchanges, talent management pro-
grams, and training, for the cadre. The Under Sec-
retary may use existing authorities to staff the 
cadre, including those in subparagraphs (B), (C), 
(D), and (F). 
(B) Civilian personnel from within the Of-
fice of the Secretary of Defense, Joint Staff, 
military departments, Defense Agencies, and 
combatant commands may be assigned to serve 
as members of the cadre, upon request of the 
Director. 
(C) The Under Secretary may use the au-
thorities for highly qualified experts under sec-
tion 9903 of title 5, to hire experts as members 
of the cadre who are skilled professionals in 
software development and acquisition, commer-
cial software licensing, and related matters. 
(D) The Under Secretary may enter into a 
contract with a private-sector entity for special-
ized expertise to support the cadre. Such entity 
may be considered a covered Government sup-
911 
port contractor, as defined in section 2320 of 
this title. 
(E) In establishing the cadre, the Under 
Secretary shall give preference to civilian em-
ployees of the Department of Defense, rather 
than members of the armed forces, to maintain 
continuity in the cadre. 
(F) The Under Secretary is authorized to 
use amounts in the Defense Acquisition Work-
force Development Fund for the purpose of re-
cruitment, training, and retention of the cadre, 
including paying salaries of newly hired mem-
bers of the cadre for up to three years. 
(G) In implementing this section, the 
Under Secretary shall ensure compliance with 
applicable total force management policies, re-
quirements, and restrictions provided in sec-
tions 129a, 2329, and 2461 of title 10, United 
States Code. 
(H) The Under Secretary shall ensure that 
any contractor employee providing services in 
support of, or participation in, the cadre estab-
lished under this section and is considered a 
Special Government Employee as defined by 
section 202 of title 18, United States Code, is
912 
required to file a confidential financial disclo-
sure in accordance with the Ethics in Govern-
ment Act of 1978. 
SEC. 855. ACQUISITION PRACTICES AND POLICIES ASSESS-
MENT. 
(a) IN GENERAL.—The Department of Defense Cli-
mate Working Group established pursuant to Executive 
Order 14008 (86 Fed. Reg. 7619, related to tackling the 
climate crisis), in coordination with the Assistant Sec-
retary of Defense for Energy, Installations, and Environ-
ment, shall assess and develop recommendations for imple-
menting, in regulations, the acquisition practices and poli-
cies described in subsection (b) with respect to acquisitions 
by the Department of Defense. 
(b) ACQUISITION PRACTICES AND POLICIES.—The 
practices and policies described in this subsection are— 
(1) acquisition planning practices that promote 
the acquisition of resilient and resource-efficient 
goods and services and that support innovation in 
environmental technologies, including— 
(A) weighing the cost savings and resource 
and energy preservation of environmentally 
preferable goods or services against the speed 
and uniformity of traditional goods or services
913 
when identifying requirements or drafting the 
statement of work; 
(B) designing the technical specifications 
that set product performance levels to diminish 
greenhouse gas emissions; 
(C) restricting the statement of work or 
specifications to only environmentally preferable 
goods or services where the quality, availability, 
and price comparable to traditional goods or 
services; 
(D) engaging in public-private partnerships 
with private sector and nonprofit institutions to 
design, build, and fund resilient, low-carbon in-
frastructure; 
(E) collaborating with local jurisdictions 
surrounding military installations, with a focus 
on military installations located in States with 
established policies, guidance, and processes for 
procuring goods and services in a manner that 
minimizes environmental and social costs; and 
(F) designing the technical specifications 
for assessment and mitigation of risk to supply 
chains from extreme weather and changes in 
environmental conditions;
914 
(2) source selection practices that promote the 
acquisition of resilient and resource-efficient goods 
and services and that support innovation in environ-
mental technologies, including— 
(A) considering any resilience, low-carbon, 
or low-toxicity criteria as competition factors on 
the basis of which the award is made in addi-
tion to cost, past performance, and quality fac-
tors; 
(B) using accepted standards, emissions 
data, certifications, and labels to verify the en-
vironmental impact of a good or service and en-
hance procurement efficiency; 
(C) training acquisition professionals to 
evaluate the credibility of certifications and la-
bels purporting to convey information about the 
environmental impact of a good or service; and 
(D) considering all the costs of a good or 
service that will be incurred throughout its life-
time by calculating and measuring operating 
costs, maintenance, end of life costs, and resid-
ual value, including costs resulting from the 
carbon and other greenhouse gas emissions as-
sociated with the good or service; and
915 
(3) consideration of the external economic, envi-
ronmental, and social effects arising over the entire 
life cycle of an acquisition when making acquisition 
planning and source selection decisions. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the chair of the Department 
of Defense Climate Working Group shall submit to the 
congressional defense committees a report on the assess-
ment conducted under subsection (a), which shall include 
the recommendations developed under such subsection. 
(d) DEFINITIONS.—In this section: 
(1) 
ENVIRONMENTALLY
PREFERABLE.—The 
term ‘‘environmentally preferable’’, with respect to a 
good or service, means that the good or service has 
a lesser or reduced effect on human health and the 
environment when compared with competing goods 
or services that serve the same purpose. The com-
parison may consider raw materials acquisition, pro-
duction, manufacturing, packaging, distribution, 
reuse, operation, maintenance, or disposal of the 
good or service. 
(2) RESOURCE-EFFICIENT
GOODS
AND
SERV-
ICES.—The term ‘‘resource-efficient goods and serv-
ices’’ means goods and services—
916 
(A) that use fewer resources than com-
peting goods and services to serve the same 
purposes or achieve the same or substantially 
similar result as such competing goods and 
services; and 
(B) for which the negative environmental 
impacts across the full life cycle of such goods 
and services are minimized. 
SEC. 856. REPORT ON IMPROVEMENTS TO PROCUREMENT 
TECHNICAL ASSISTANCE PROGRAMS. 
Not later than March 1, 2022, the Secretary of De-
fense, in consultation with the Under Secretary of Defense 
for Acquisition and Sustainment, shall submit to the con-
gressional defense committees a report on the status of 
the implementation of the following three recommenda-
tions set forth in the report of the Government Account-
ability Office titled ‘‘Procurement Technical Assistance 
Program: Opportunities Exist for DOD to Enhance Train-
ing and Collaboration’’ (GAO–21–287), dated March 31, 
2021, to improve procurement technical assistance pro-
grams established under chapter 142 of title 10, United 
States Code: 
(1) The Under Secretary of Defense for Acqui-
sition and Sustainment should require procurement 
technical assistance centers to use the template de-
917 
veloped by the Defense Logistics Agency to help 
track fulfillment of training requirements. 
(2) The Under Secretary of Defense for Acqui-
sition and Sustainment should reach an agreement 
with the Association of procurement technical assist-
ance centers to provide the Defense Logistics Agen-
cy with the aggregate results of proficiency tests ad-
ministered to measure the effectiveness of procure-
ment technical assistance centers counselor training. 
(3) The Under Secretary of Defense for Acqui-
sition and Sustainment should work with Adminis-
trator of the Small Business Administration to for-
malize a collaborative agreement for procurement 
technical assistance centers and small business de-
velopment centers (as defined under section 3 of the 
Small Business Act (15 U.S.C. 632)) in relation to 
providing client services on government contracting. 
SEC. 857. REPORT ON COMMERCIAL ITEM DETERMINA-
TIONS. 
(a) IN GENERAL.—Not later than 180 days after en-
actment of this Act, the Undersecretary for Acquisitions 
and Sustainment shall submit to the congressional defense 
committees a report on commercial item determinations 
containing the following:
918 
(1) An accounting of the training available for 
the acquisition workforce related to commercial item 
determinations and price reasonableness determina-
tions under Federal Acquisition Regulations Part 
12, including a description of the training, duration, 
periodicity, whether the training is optional or man-
datory, and the date on which the training materials 
were last substantially revised. 
(2) An assessment of the currency of the acqui-
sition workforce in the training described in para-
graph (2). 
(b) PUBLICATION.—The Undersecretary for Acquisi-
tions and Sustainment shall publish on an appropriate 
publicly available website of the Department of Defense 
the report required by subsection (a). 
SEC. 858. PILOT PROGRAM TO TRANSITION DIGITALLY SE-
CURED MANUFACTURING TECHNOLOGIES. 
(a) PROGRAM REQUIRED.—The Under Secretary of 
Defense for Research and Engineering shall carry out a 
pilot program to ensure the transition of digitally secured 
manufacturing technologies developed by a manufacturing 
innovation institute that is funded by the Department of 
Defense to covered defense contractors to promote the de-
velopment of digitally secured manufacturing technologies 
to—
919 
(1) enhance and secure the supply chain for 
such digitally secured manufacturing technologies 
for use in weapon systems; and 
(2) ensure increased quality and decreased costs 
of such digitally secured manufacturing technologies. 
(b) PARTNERSHIP.—Under the pilot program, the 
Under Secretary shall reimburse related costs to covered 
defense contractors to facilitate the transition of digitally 
secured manufacturing technologies from such manufac-
turing innovation institutes to such covered defense con-
tractors. 
(c) ANNUAL REPORT.—Not later than 90 days after 
the last day of each fiscal year during which the pilot pro-
gram is operational, the Under Secretary of Defense for 
Research and Engineering shall submit to the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives a briefing on participation in and the impact 
of the pilot program. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered defense contractor’’ 
means a contractor in the defense industrial base 
that— 
(A) manufactures and delivers aircraft, 
ships, vehicles, weaponry, or electronic systems; 
or
920 
(B) provides services, such as logistics or 
engineering support, to the Department of De-
fense. 
(2) The term ‘‘digitally secured manufacturing 
technology’’ means an existing or experimental man-
ufacturing technology determined by the Under Sec-
retary of Defense for Research and Engineering to 
meet the needs of the Department of Defense. 
(e) TERMINATION.—The pilot program established 
under this section shall terminate 3 years after the date 
of the enactment of this Act. 
(f) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 201 for research, 
development, test, and evaluation, as specified in the cor-
responding funding table in section 4201, for Manufac-
turing Technology Program, line 051 is hereby increased 
by $3,000,000. 
(g) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 301 for operation and main-
tenance, as specified in the corresponding funding table 
in section 4301, for Office of the Secretary of Defense, 
line 540 is hereby reduced by $3,000,000.
921 
SEC. 859. BRIEFING ON EXPANDED SMALL UNMANNED AIR-
CRAFT SYSTEMS CAPABILITY. 
The Secretary of Defense shall, not later than Janu-
ary 30, 2022, provide a briefing to the Committee on 
Armed Services of the House of Representatives on the 
evaluation of commercially available small unmanned air-
craft systems (hereinafter referred to as ‘‘sUAS’’) with ca-
pabilities that align with the Department’s priorities, in-
cluding— 
(1) the timing of the release of the updated list 
titled ‘‘Blue sUAS 2.0’’ of the Defense Innovation 
Unit that contains available fixed wing and multi-
rotor commercial small unmanned aircraft systems 
compliant with section 848 of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 
116–92); and 
(2) the advisability and feasibility of adding 
end-to-end sUAS solutions to such list, including the 
sUAS, supporting field management software, tech-
nical support, and training, all provided as an inte-
grated collection and analysis capability. 
SEC. 860. WAIVER AUTHORIZATION STREAMLINING. 
Section 8(a)(21) of the Small Business Act (15 
U.S.C. 637(a)(21)) is amended—
922 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B)’’ and inserting ‘‘subparagraphs (B) and 
(F)’’; 
(2) in subparagraph (B)— 
(A) by striking clause (iii); and 
(B) by redesignating clauses (iv) and (v) 
as clauses (iii) and (iv), respectively; 
(3) by moving subparagraph (C) two ems to the 
left; and 
(4) by adding at the end the following new sub-
paragraph: 
‘‘(F) In the event either a contract awarded pursuant 
to this subsection or ownership and control of a concern 
performing a contact awarded pursuant to this subsection 
will pass to another small business concern, the require-
ments of subparagraph (A) shall not apply if— 
‘‘(i) the acquiring small business concern is a 
program participant; and 
‘‘(ii) upon a request submitted prior to the pas-
sage of the contract or the actual relinquishment of 
ownership and control, as applicable, the Adminis-
trator (or the delegee of the Administrator) deter-
mines that the acquiring small business concern 
would otherwise be eligible to directly receive the 
award pursuant to this subsection.’’.
923 
SEC. 861. MODIFICATIONS TO GOVERNMENTWIDE GOALS 
FOR SMALL BUSINESS CONCERNS. 
Section 15(g)(1)(A) of the Small Business Act (15 
U.S.C. 644(g)(1)) is amended— 
(1) in clause (i), by striking ‘‘23 percent’’ and 
inserting ‘‘25 percent’’; 
(2) in clause (ii), by striking ‘‘3 percent’’ and 
inserting ‘‘4 percent’’; 
(3) in clause (iii), by striking ‘‘3 percent’’ and 
inserting ‘‘4 percent’’; 
(4) in clause (iv), by striking ‘‘at not less than’’ 
and all that follows and inserting the following: ‘‘at 
not less than— 
‘‘(I) 11 percent of the total value 
of all prime contract and subcontract 
awards for fiscal year 2022; 
‘‘(II) 12 percent of the total 
value of all prime contract and sub-
contract awards for fiscal year 2023; 
‘‘(III) 13 percent of the total 
value of all prime contract and sub-
contract awards for fiscal year 2024; 
and 
‘‘(IV) 15 percent of the total 
value of all prime contract and sub-
924 
contract awards for fiscal year 2025 
and each fiscal year thereafter.’’; and 
(5) in clause (v), by striking ‘‘at not less than’’ 
and all that follows and inserting the following: ‘‘at 
not less than— 
‘‘(I) 6 percent of the total value 
of all prime contract and subcontract 
awards for each of fiscal years 2022 
and 2023; and 
‘‘(II) 7 percent of the total value 
of all prime contract and subcontract 
awards for fiscal year 2024 and each 
fiscal year thereafter.’’. 
SEC. 862. DUTIES OF SMALL BUSINESS DEVELOPMENT CEN-
TER COUNSELORS. 
Section 21 of the Small Business Act (15 U.S.C. 648) 
is amended by adding at the end the following: 
‘‘(o) CYBER STRATEGY TRAINING FOR SMALL BUSI-
NESS DEVELOPMENT CENTERS.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘cyber strategy’ means re-
sources and tactics to assist in planning for cy-
bersecurity and defending against cyber risks 
and cyber attacks; and
925 
‘‘(B) the term ‘lead small business develop-
ment center’ means a small business develop-
ment center that has received a grant from the 
Administration. 
‘‘(2) CERTIFICATION PROGRAM.—The Adminis-
trator shall establish a cyber counseling certification 
program, or approve a similar existing program, to 
certify the employees of lead small business develop-
ment centers to provide cyber planning assistance to 
small business concerns. 
‘‘(3) NUMBER
OF
CERTIFIED
EMPLOYEES.— 
The Administrator shall ensure that the number of 
employees of each lead small business development 
center who are certified in providing cyber planning 
assistance under this subsection is not fewer than 
the lesser of— 
‘‘(A) 5; or 
‘‘(B) 10 percent of the total number of em-
ployees of the lead small business development 
center. 
‘‘(4) CONSIDERATION OF SMALL BUSINESS DE-
VELOPMENT
CENTER
CYBER
STRATEGY.—In car-
rying out this subsection, the Administrator, to the 
extent practicable, shall consider any cyber strategy 
methods included in the Small Business Develop-
926 
ment Center Cyber Strategy developed under section 
1841(a) of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2662). 
‘‘(5) REIMBURSEMENT FOR CERTIFICATION.— 
‘‘(A) IN GENERAL.—Subject to the avail-
ability of appropriations and subparagraph (B), 
the Administrator shall reimburse a lead small 
business development center for costs relating 
to the certification of an employee of the lead 
small business development center under the 
program established under paragraph (2). 
‘‘(B) LIMITATION.—The total amount re-
imbursed by the Administrator under subpara-
graph (A) may not exceed $350,000 in any fis-
cal year.’’. 
SEC. 863. COMPTROLLER GENERAL REPORT ON MERGERS 
AND ACQUISITIONS IN THE DEFENSE INDUS-
TRIAL BASE. 
Not later than March 1, 2022, the Comptroller Gen-
eral of the United States shall submit to Congress a report 
on the impact of mergers and acquisitions of defense in-
dustrial base contractors on the procurement processes of 
the Department of Defense.
927 
SEC. 864. EXEMPTION OF CERTAIN CONTRACTS AWARDED 
TO SMALL BUSINESS CONCERNS FROM CAT-
EGORY MANAGEMENT REQUIREMENTS. 
(a) IN
GENERAL.—The Small Business Act is 
amended— 
(1) by redesignating section 49 as section 50; 
and 
(2) by inserting after section 48 the following 
new section: 
‘‘SEC. 49. EXEMPTION OF CERTAIN CONTRACTS FROM CAT-
EGORY MANAGEMENT REQUIREMENTS. 
‘‘(a) IN GENERAL.—A contract awarded under sec-
tion 8(a), 8(m), 31, or 36 that is classified as tier 0— 
‘‘(1) shall be exempt from the procedural re-
quirements of any Federal rule or guidance on cat-
egory management or successor strategies for con-
tract consolidation; and 
‘‘(2) shall not be included when measuring the 
attainment of any goal or benchmark established 
under any Federal rule or guidance on category 
management or successor strategies for contract 
consolidation. 
‘‘(b) PROHIBITION.—With respect to a requirement 
that was previously satisfied through a contract awarded 
under section 8(a), the head of a Federal agency shall not 
remove such requirement from a contract eligible for
928 
award under section 8(a) and include such requirement 
in a contract that is classified as tier 1, tier 2, or tier 
3 without the Administrator’s approval. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) CATEGORY MANAGEMENT.—The term ‘cat-
egory management’ has the meaning given by the 
Director of the Office of Management and Budget. 
‘‘(2) TIER
0; TIER
1; TIER
2; TIER
3.—The 
terms ‘tier 0’, ‘tier 1’, ‘tier 2’, and ‘tier 3’ have the 
meanings given such terms, respectively, by the Di-
rector of the Office of Management and Budget with 
respect to the Spend Under Management tiered ma-
turity model, or any successor model.’’. 
(b) APPLICATION.—Section 49 of the Small Business 
Act, as added by subsection (a), shall apply with respect 
to contracts entered into on or after the date of the enact-
ment of this Act. 
SEC. 865. PROHIBITION ON CONTRACTING WITH PERSONS 
WITH WILLFUL OR REPEATED VIOLATIONS 
OF THE FAIR LABOR STANDARDS ACT OF 
1938. 
The head of a Federal department or agency (as de-
fined in section 102 of title 40, United States Code) shall 
initiate a debarment proceeding with respect to a person 
for whom information regarding four or more willful or
929 
repeated violation of the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.) as determined by a disposi-
tion described under subsection (c)(1) of section 2313 of 
title 41, United States Code, and issued in the last four 
years, is included in the database established under sub-
section (a) of such section. The head of the department 
or agency shall use discretion in determining whether the 
debarment is temporary or permanent. 
SEC. 866. DOMESTICALLY SOURCED ALTERNATIVES. 
The Secretary of Defense should acquire domestically 
sourced alternatives to existing defense products for the 
design, development, and production of priority Depart-
ment of Defense projects to include further developing 
high efficiency power conversion technology and manufac-
turing advanced AC-DC power converters that improve 
performance for the dismounted soldier. 
SEC. 867. REPORT ON DUPLICATIVE INFORMATION TECH-
NOLOGY CONTRACTS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report on efforts within the Department of 
Defense to reduce duplicative information technology con-
tracts.
930 
SEC. 868. REESTABLISHMENT OF COMMISSION ON WAR-
TIME CONTRACTING. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Wartime Contracting Commission Reauthorization of 
2021’’. 
(b) 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. 
(c) 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 either the Authorization 
for Use of Military Force (Public Law 107–40; 
50 U.S.C. 1541 note) or the Authorization for 
Use of Military Force Against Iraq Resolution 
of 2002 (Public Law 107–243; 50 U.S.C. 1541 
note).
931 
‘‘(C) Federal agency contracting for the 
performance of security functions in countries 
where coalition forces operate under the author-
ity of either the Authorization for Use of Mili-
tary Force (Public Law 107–40; 50 U.S.C. 
1541 note) or the Authorization for Use of 
Military Force Against Iraq Resolution of 2002 
(Public Law 107–243; 50 U.S.C. 1541 note).’’. 
(d) CONFORMING AMENDMENTS.—Section 841 of the 
National 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 Wartime Con-
tracting Commission Reauthorization of 2021’’; 
and 
(C) in paragraph (4), by striking ‘‘was 
first established’’ each place it appears, and in-
serting ‘‘was reestablished by the Wartime Con-
932 
tracting Commission Reauthorization of 2021’’; 
and 
(2) in subsection (d)(1), by striking ‘‘On March 
1, 2009’’ and inserting ‘‘Not later than one year 
after the date of enactment of the Wartime Con-
tracting Commission Reauthorization of 2021’’. 
SEC. 869. APPLICATION OF PRICE EVALUATION PREF-
ERENCE FOR QUALIFIED HUBZONE SMALL 
BUSINESS 
CONCERNS 
TO 
CERTAIN 
CON-
TRACTS. 
(a) IN GENERAL.—Section 31(c)(3) of the Small 
Business Act (15 U.S.C. 657a(c)(3)) is amended by add-
ing at the end the following new subparagraph: 
‘‘(E) APPLICATION
TO
CERTAIN
CON-
TRACTS.—The requirements of subparagraph 
(A) shall apply to an unrestricted order issued 
under an unrestricted multiple award contract 
or the unrestricted portion of a contract that is 
partially set aside for competition restricted to 
small business concerns.’’. 
(b) RULEMAKING.—Not later than 90 days after the 
date of the enactment of this section, the Administrator 
of the Small Business Administration shall revise any rule 
or guidance to implement the requirements of this section.
933 
SEC. 870. COMBATING TRAFFICKING IN PERSONS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States Government should have a 
zero tolerance policy for human trafficking, and it is of 
vital importance that Government contractors who engage 
in human trafficking be held accountable. 
(b) ANALYSIS REQUIRED.—The Secretary of Defense 
shall review the recommendations contained in the report 
of the Comptroller General of the United States titled 
‘‘Human Trafficking: DOD Should Address Weaknesses 
in Oversight of Contractors and Reporting of Investiga-
tions Related to Contracts’’ (dated August 2021; GAO– 
21–546) and develop the following: 
(1) Policies and processes to ensure contracting 
officers of the Department of Defense be informed 
of their responsibilities relating to combating traf-
ficking in persons and to ensure that such con-
tracting officers are accurately and completely re-
porting trafficking in persons investigations. 
(2) Policies and processes to specify— 
(A) the offices and individuals within the 
Department that should be receiving and re-
porting on trafficking in persons incidents in-
volving contractors; 
(B) the elements of the Department and 
persons outside the Department that are re-
934 
sponsible for reporting trafficking in persons in-
vestigations; and 
(C) requirements relating to reporting such 
incident in the Federal Awardee Performance 
and Integrity Information System (or any other 
contractor performance rating system). 
(3) Policies and processes to ensure that com-
bating trafficking in persons monitoring is more ef-
fectively implemented through, among other things, 
reviewing and monitoring contractor compliance 
plans relating to combating trafficking in persons. 
(4) Policies and processes to ensure the Sec-
retary of Defense has accurate and complete infor-
mation about compliance with acquisition-specific 
training requirements relating to combating traf-
ficking in persons by contractors. 
(5) A mechanism for ensuring completion of 
such training within 30 days after a contractor be-
gins performance on a contract. 
(6) An assessment of the resources and staff re-
quired to support oversight of combating trafficking 
in persons, including resources and staff to validate 
annual combating trafficking in persons self-assess-
ments by elements of the Department.
935 
(c) INTERIM BRIEF.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall brief the congressional defense committees, 
the Committee on Oversight of the House of Representa-
tives, and the Committee on Homeland Security and Gov-
ernment Affairs of the Senate on the preliminary findings 
of the analysis required by subsection (b). 
(d) REPORT.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees, the Committee on Oversight of 
the House of Representatives, and the Committee on 
Homeland Security and Government Affairs of the 
Senate the analysis required by subsection (b). 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 871. AUTHORITY FOR THE OFFICE OF HEARINGS AND 
APPEALS TO DECIDE APPEALS RELATING TO 
QUALIFIED HUBZONE SMALL BUSINESS CON-
CERNS. 
Not later than 1 year after the date of the enactment 
of this Act, the Administrator of the Small Business Ad-
ministration shall issue a rule authorizing the Office of
936 
Hearings and Appeals of the Administration to decide all 
appeals from formal protest determinations in connection 
with the status of a concern as qualified HUBZone small 
business concern (as such term is defined in section 31(b) 
of the Small Business Act (15 U.S.C. 657a(b)). 
SEC. 872. MICROLOAN PROGRAM; DEFINITIONS. 
Paragraph (11) of section 7(m) of the Small Business 
Act (15 U.S.C. 636(m)(11)) is amended— 
(1) in clause (ii) of subparagraph (C), by strik-
ing ‘‘rural’’ and all that follows to the end of the 
clause and inserting ‘‘rural;’’; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) the term ‘State’ means each of the 
several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Is-
lands of the United States, Guam, the Com-
monwealth of the Northern Mariana Islands, 
and American Samoa.’’. 
SEC. 873. AMENDMENTS TO CONTRACTING AUTHORITY FOR 
CERTAIN SMALL BUSINESS CONCERNS. 
(a) SOCIALLY AND ECONOMICALLY DISADVANTAGED 
SMALL BUSINESS CONCERNS.—Section 8(a)(1)(D)(i)(II)
937 
of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)) 
is amended— 
(1) by striking ‘‘$7,000,000’’ and inserting 
‘‘$10,000,000’’; and 
(2) by striking ‘‘$3,000,000’’ and inserting 
‘‘$8,000,000’’. 
(b) CERTAIN SMALL BUSINESS CONCERNS OWNED 
AND CONTROLLED
BY WOMEN.—Section 8(m) of the 
Small Business Act (15 U.S.C. 637(m)) is amended— 
(1) in paragraph (7)(B)— 
(A) in clause (i), by striking ‘‘$7,000,000’’ 
and inserting ‘‘$10,000,000’’; and 
(B) in clause (ii), by striking ‘‘$4,000,000’’ 
and inserting ‘‘$8,000,000’’; and 
(2) in paragraph (8)(B)— 
(A) in clause (i), by striking ‘‘$7,000,000’’ 
and inserting ‘‘$10,000,000’’; and 
(B) in clause (ii), by striking ‘‘$4,000,000’’ 
and inserting ‘‘$8,000,000’’. 
(c) QUALIFIED HUBZONE SMALL BUSINESS CON-
CERNS.—Section 31(c)(2)(A)(ii) of the Small Business 
Act (15 U.S.C. 657a(c)(2)(A)(ii)) is amended— 
(1) in subclause (I), by striking ‘‘$7,000,000’’ 
and inserting ‘‘$10,000,000’’; and
938 
(2) in subclause (II), by striking ‘‘$3,000,000’’ 
and inserting ‘‘$8,000,000’’. 
(d) SMALL BUSINESS CONCERNS OWNED AND CON-
TROLLED
BY SERVICE-DISABLED VETERANS.—Section 
36(c)(2)(A) of the Small Business Act (15 U.S.C. 657f) 
is amended— 
(1) 
in 
subparagraph 
(A), 
by 
striking 
‘‘$7,000,000’’ and inserting ‘‘$10,000,000’’; and 
(2) 
in 
subparagraph 
(B), 
by 
striking 
‘‘$3,000,000’’ and inserting ‘‘$8,000,000’’. 
(e) CERTAIN VETERAN-OWNED CONCERNS.—Section 
8127(c) of title 38, United States Code, is amended by 
striking ‘‘$5,000,000’’ and inserting ‘‘the dollar thresholds 
under section 36(c)(2)(A) of the Small Business Act’’. 
SEC. 874. CONGRESSIONAL OVERSIGHT OF PRIVATE SECU-
RITY CONTRACTOR CONTRACTS AND PER-
SONNEL. 
(a) REPORT ON ACTIONS TAKEN TO IMPLEMENT 
GOVERNMENT ACCOUNTABILITY OFFICE RECOMMENDA-
TIONS.—Not later than 60 days after the date of the en-
actment of this Act, the Secretary of Defense, in consulta-
tion with the Secretaries of the military departments (as 
defined in section 101 of title 10, United States Code), 
shall submit to the congressional defense committees a re-
port on the efforts and plans of the Department of De-
939 
fense to implement the recommendations contained in the 
report of the Government Accountability Office titled 
‘‘PRIVATE SECURITY CONTRACTORS: DOD Needs 
to Better Identify and Monitor Personnel and Contracts’’ 
(GAO–21–255), dated July 29, 2021. 
(b) FORM OF SUBMISSIONS.—The report required by 
subsection (a) shall, to the maximum extent possible, be 
submitted in unclassified form, but may contain a classi-
fied annex. 
(c) REPORT CONTENTS.—The report required by 
subsection (a) shall contain— 
(1) a summary of the actions planned or taken 
by Department of Defense to implement the three 
recommendations in the report of the Government 
Accountability Office described in such subsection; 
(2) a schedule for completing the implementa-
tion of each such recommendation, including specific 
milestones; 
(3) a comprehensive list of— 
(A) the specific contracted activities and 
services designated by the Department private 
security functions; and 
(B) the private security contracts of the 
Department in effect at any time during fiscal 
year 2021;
941 
(as defined under section 159.3 of title 32, Code of 
Federal Regulations) under which private security 
functions are performed. 
(2) PRIVATE SECURITY FUNCTIONS.—The term 
‘‘private security functions’’ has the meaning given 
such term under section 159.3 of title 32, Code of 
Federal Regulations. 
(3) PRIVATE SECURITY PERSONNEL.—The term 
‘‘private security personnel’’ has the meaning given 
the term ‘‘PSC personnel’’ under section 159.3 of 
title 32, Code of Federal Regulations. 
SEC. 875. BOOTS TO BUSINESS PROGRAM. 
Section 32 of the Small Business Act (15 U.S.C. 
657b) is amended by adding at the end the following new 
subsection: 
‘‘(h) BOOTS TO BUSINESS PROGRAM.— 
‘‘(1) COVERED INDIVIDUAL DEFINED.—In this 
subsection, the term ‘covered individual’ means— 
‘‘(A) a member of the Armed Forces, in-
cluding the National Guard or Reserves; 
‘‘(B) an individual who is participating in 
the Transition Assistance Program established 
under section 1144 of title 10, United States 
Code; 
‘‘(C) an individual who—
942 
‘‘(i) served on active duty in any 
branch of the Armed Forces, including the 
National Guard or Reserves; and 
‘‘(ii) was discharged or released from 
such service under conditions other than 
dishonorable; and 
‘‘(D) a spouse or dependent of an indi-
vidual described in subparagraph (A), (B), or 
(C). 
‘‘(2) ESTABLISHMENT.—Beginning on the first 
October 1 after the enactment of this subsection and 
for the subsequent 4 fiscal years, the Administrator 
shall carry out a program to be known as the ‘Boots 
to Business Program’ to provide entrepreneurship 
training to covered individuals. 
‘‘(3) GOALS.—The goals of the Boots to Busi-
ness Program are to— 
‘‘(A) provide assistance and in-depth train-
ing to covered individuals interested in business 
ownership; and 
‘‘(B) provide covered individuals with the 
tools, skills, and knowledge necessary to identify 
a business opportunity, draft a business plan, 
identify sources of capital, connect with local
943 
resources for small business concerns, and start 
up a small business concern. 
‘‘(4) PROGRAM COMPONENTS.— 
‘‘(A) IN GENERAL.—The Boots to Busi-
ness Program may include— 
‘‘(i) a presentation providing exposure 
to the considerations involved in self-em-
ployment and ownership of a small busi-
ness concern; 
‘‘(ii) an online, self-study course fo-
cused on the basic skills of entrepreneur-
ship, the language of business, and the 
considerations involved in self-employment 
and ownership of a small business concern; 
‘‘(iii) an in-person classroom instruc-
tion component providing an introduction 
to the foundations of self employment and 
ownership of a small business concern; and 
‘‘(iv) 
in-depth 
training 
delivered 
through online instruction, including an 
online course that leads to the creation of 
a business plan. 
‘‘(B) 
COLLABORATION.—The 
Adminis-
trator may—
944 
‘‘(i) collaborate with public and pri-
vate entities to develop course curricula for 
the Boots to Business Program; and 
‘‘(ii) modify program components in 
coordination with entities participating in a 
Warriors in Transition program, as defined 
in section 738(e) of the National Defense 
Authorization Act for Fiscal Year 2013 
(10 U.S.C. 1071 note). 
‘‘(C) USE OF RESOURCE PARTNERS.— 
‘‘(i) IN GENERAL.—The Administrator 
shall— 
‘‘(I) ensure that Veteran Busi-
ness Outreach Centers regularly par-
ticipate, on a nationwide basis, in the 
Boots to Business Program; and 
‘‘(II) to the maximum extent 
practicable, use a variety of other re-
source partners and entities in admin-
istering the Boots to Business Pro-
gram. 
‘‘(ii) GRANT AUTHORITY.—In carrying 
out clause (i), the Administrator may make 
grants to Veteran Business Outreach Cen-
ters, other resource partners, or other enti-
945 
ties to carry out components of the Boots 
to Business Program. 
‘‘(D) AVAILABILITY TO DEPARTMENT OF 
DEFENSE.—The 
Administrator 
shall 
make 
available to the Secretary of Defense informa-
tion regarding the Boots to Business Program, 
including all course materials and outreach ma-
terials related to the Boots to Business Pro-
gram, for inclusion on the website of the De-
partment of Defense relating to the Transition 
Assistance Program, in the Transition Assist-
ance Program manual, and in other relevant 
materials available for distribution from the 
Secretary of Defense. 
‘‘(E) AVAILABILITY
TO
VETERANS
AF-
FAIRS.—In consultation with the Secretary of 
Veterans Affairs, the Administrator shall make 
available for distribution and display at local fa-
cilities of the Department of Veterans Affairs 
outreach materials regarding the Boots to Busi-
ness Program which shall, at a minimum— 
‘‘(i) describe the Boots to Business 
Program and the services provided; and
947 
tionship to military, military occupational 
specialty, and years of service of program 
participants; 
‘‘(ii) the number of small business 
concerns formed or expanded with assist-
ance under the Boots to Business Pro-
gram; 
‘‘(iii) the gross receipts of small busi-
ness concerns receiving assistance under 
the Boots to Business Program; 
‘‘(iv) the number of jobs created with 
assistance under the Boots to Business 
Program; 
‘‘(v) the number of referrals to other 
resources and programs of the Administra-
tion; 
‘‘(vi) the number of program partici-
pants receiving financial assistance under 
loan programs of the Administration; 
‘‘(vii) the type and dollar amount of 
financial assistance received by program 
participants under any loan program of the 
Administration; and 
‘‘(viii) results of participant satisfac-
tion surveys, including a summary of any
948 
comments received from program partici-
pants; 
‘‘(F) an evaluation of the effectiveness of 
the Boots to Business Program in each region 
of the Administration during the most recent 
fiscal year; 
‘‘(G) an assessment of additional perform-
ance outcome measures for the Boots to Busi-
ness Program, as identified by the Adminis-
trator; 
‘‘(H) any recommendations of the Admin-
istrator for improvement of the Boots to Busi-
ness Program, which may include expansion of 
the types of individuals who are covered individ-
uals; 
‘‘(I) an explanation of how the Boots to 
Business Program has been integrated with 
other transition programs and related resources 
of the Administration and other Federal agen-
cies; and 
‘‘(J) any additional information the Ad-
ministrator determines necessary.’’.
949 
SEC. 876. PROTESTS AND APPEALS RELATING TO ELIGI-
BILITY OF BUSINESS CONCERNS. 
Section 5(i) of the Small Business Act (15 U.S.C. 
634(i)) is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) DETERMINATIONS REGARDING STATUS OF 
CONCERNS.— 
‘‘(A) IN GENERAL.—Not later than 2 days 
after the date on which a final determination 
that a business concern does not meet the re-
quirements of the status such concern claims to 
hold is made, such concern or the Adminis-
trator, as applicable, shall update the status of 
such concern in the System for Award Manage-
ment (or any successor system). 
‘‘(B) ADMINISTRATOR UPDATES.—If such 
concern fails to update the status of such con-
cern as described in subparagraph (A), not 
later than 2 days after such failure the Admin-
istrator shall make such update. 
‘‘(C) NOTIFICATION.—A concern required 
to make an update described under subpara-
graph (A) shall notify any contracting officers
950 
for which such concern has an offer pending on 
a contract, of the determination made under 
subparagraph (A), if the concern, in good faith, 
finds that such determination impacts the eligi-
bility of the concern to perform such a con-
tract.’’. 
SEC. 877. EXEMPTION OF CERTAIN CONTRACTS FROM THE 
PERIODIC INFLATION ADJUSTMENTS TO THE 
ACQUISITION-RELATED 
DOLLAR 
THRESH-
OLD. 
(a) IN GENERAL.—Section 1908(b)(2) of title 41, 
United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) in sections 3131 through 3134 of 
title 40, except any modification of any such 
dollar threshold made by regulation in effect on 
the date of the enactment of this subparagraph 
shall remain in effect.’’. 
(b) TECHNICAL AMENDMENT.—Section 1908(d) of 
such title is amended by striking the period at the end.
951 
SEC. 878. CHILD CARE RESOURCE GUIDE. 
The Small Business Act (15 U.S.C. 631 et seq.) is 
amended— 
(1) by redesignating section 49 as section 50; 
and 
(2) by inserting after section 48 the following 
new section: 
‘‘SEC. 49. CHILD CARE RESOURCE GUIDE. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this section and not less fre-
quently than every 5 years thereafter, the Administrator 
shall publish or update a resource guide, applicable to var-
ious business models as determined by the Administrator, 
for small business concerns operating as child care pro-
viders. 
‘‘(b) GUIDANCE
ON SMALL BUSINESS CONCERN 
MATTERS.—The resource guide required under subsection 
(a) shall include guidance for such small business concerns 
related to— 
‘‘(1) operations (including marketing and man-
agement planning); 
‘‘(2) finances (including financial planning, fi-
nancing, payroll, and insurance); 
‘‘(3) compliance with relevant laws (including 
the Internal Revenue Code of 1986 and this Act);
952 
‘‘(4) training and safety (including equipment 
and materials); 
‘‘(5) quality (including eligibility for funding 
under the Child Care and Development Block Grant 
Act of 1990 as an eligible child care provider); and 
‘‘(6) any other matters the Administrator deter-
mines appropriate. 
‘‘(c) CONSULTATION REQUIRED.—Before publication 
or update of the resource guide required under subsection 
(a), the Administrator shall consult with the following: 
‘‘(1) The Secretary of Health and Human Serv-
ices. 
‘‘(2) Representatives from lead agencies des-
ignated under section 658D of the Child Care and 
Development Block Grant Act of 1990. 
‘‘(3) Representatives from local or regional 
child care resource and referral organizations de-
scribed in section 658E(c)(3)(B)(iii)(I) of the Child 
Care and Development Block Grant Act of 1990. 
‘‘(4) Any other relevant entities as determined 
by the Administrator. 
‘‘(d) 
PUBLICATION
AND
DISSEMINATION
RE-
QUIRED.— 
‘‘(1) PUBLICATION.—The Administrator shall 
publish the resource guide required under subsection
953 
(a) in English and in the 10 most commonly spoken 
languages, other than English, in the United States, 
which shall include Mandarin, Cantonese, Japanese, 
and Korean. The Administrator shall make each 
translation of the resource guide available on a pub-
licly accessible website of the Administration. 
‘‘(2) DISTRIBUTION.— 
‘‘(A) 
ADMINISTRATOR.—The 
Adminis-
trator shall distribute the resource guide re-
quired under subsection (a) to offices within the 
Administration, including district offices, and to 
the persons consulted under subsection (c). 
‘‘(B) OTHER
ENTITIES.—Women’s busi-
ness centers (as described under section 29), 
small business development centers, chapters of 
the Service Corps of Retired Executives (estab-
lished under section 8(b)(1)(B)), and Veteran 
Business Outreach Centers (as described under 
section 32) shall distribute to small business 
concerns operating as child care providers, sole 
proprietors operating as child care providers, 
and child care providers that have limited ad-
ministrative capacity, as determined by the Ad-
ministrator—
954 
‘‘(i) the resource guide required under 
subsection (a); and 
‘‘(ii) other resources available that the 
Administrator determines to be relevant.’’. 
SEC. 879. BOOTS TO BUSINESS PROGRAM. 
Section 32 of the Small Business Act (15 U.S.C. 
657b) is amended by adding at the end the following new 
subsection: 
‘‘(h) BOOTS TO BUSINESS PROGRAM.— 
‘‘(1) COVERED INDIVIDUAL DEFINED.—In this 
subsection, the term ‘covered individual’ means— 
‘‘(A) a member of the Armed Forces, in-
cluding the National Guard or Reserves; 
‘‘(B) an individual who is participating in 
the Transition Assistance Program established 
under section 1144 of title 10, United States 
Code; 
‘‘(C) an individual who— 
‘‘(i) served on active duty in any 
branch of the Armed Forces, including the 
National Guard or Reserves; and 
‘‘(ii) was discharged or released from 
such service under conditions other than 
dishonorable; and
955 
‘‘(D) a spouse or dependent of an indi-
vidual described in subparagraph (A), (B), or 
(C). 
‘‘(2) ESTABLISHMENT.—Beginning on the first 
October 1 after the enactment of this subsection and 
for the subsequent 4 fiscal years, the Administrator 
shall carry out a program to be known as the ‘Boots 
to Business Program’ to provide entrepreneurship 
training to covered individuals. 
‘‘(3) GOALS.—The goals of the Boots to Busi-
ness Program are to— 
‘‘(A) provide assistance and in-depth train-
ing to covered individuals interested in business 
ownership; and 
‘‘(B) provide covered individuals with the 
tools, skills, and knowledge necessary to identify 
a business opportunity, draft a business plan, 
identify sources of capital, connect with local 
resources for small business concerns, and start 
up a small business concern. 
‘‘(4) PROGRAM COMPONENTS.— 
‘‘(A) IN GENERAL.—The Boots to Busi-
ness Program may include— 
‘‘(i) a presentation providing exposure 
to the considerations involved in self-em-
956 
ployment and ownership of a small busi-
ness concern; 
‘‘(ii) an online, self-study course fo-
cused on the basic skills of entrepreneur-
ship, the language of business, and the 
considerations involved in self-employment 
and ownership of a small business concern; 
‘‘(iii) an in-person classroom instruc-
tion component providing an introduction 
to the foundations of self employment and 
ownership of a small business concern; and 
‘‘(iv) 
in-depth 
training 
delivered 
through online instruction, including an 
online course that leads to the creation of 
a business plan. 
‘‘(B) 
COLLABORATION.—The 
Adminis-
trator may— 
‘‘(i) collaborate with public and pri-
vate entities to develop course curricula for 
the Boots to Business Program; and 
‘‘(ii) modify program components in 
coordination with entities participating in a 
Warriors in Transition program, as defined 
in section 738(e) of the National Defense
957 
Authorization Act for Fiscal Year 2013 
(10 U.S.C. 1071 note). 
‘‘(C) USE OF RESOURCE PARTNERS.— 
‘‘(i) IN GENERAL.—The Administrator 
shall— 
‘‘(I) ensure that Veteran Busi-
ness Outreach Centers regularly par-
ticipate, on a nationwide basis, in the 
Boots to Business Program; and 
‘‘(II) to the maximum extent 
practicable, use a variety of other re-
source partners and entities in admin-
istering the Boots to Business Pro-
gram. 
‘‘(ii) GRANT AUTHORITY.—In carrying 
out clause (i), the Administrator may make 
grants to Veteran Business Outreach Cen-
ters, other resource partners, or other enti-
ties to carry out components of the Boots 
to Business Program. 
‘‘(D) AVAILABILITY TO DEPARTMENT OF 
DEFENSE.—The 
Administrator 
shall 
make 
available to the Secretary of Defense informa-
tion regarding the Boots to Business Program, 
including all course materials and outreach ma-
958 
terials related to the Boots to Business Pro-
gram, for inclusion on the website of the De-
partment of Defense relating to the Transition 
Assistance Program, in the Transition Assist-
ance Program manual, and in other relevant 
materials available for distribution from the 
Secretary of Defense. 
‘‘(E) AVAILABILITY
TO
VETERANS
AF-
FAIRS.—In consultation with the Secretary of 
Veterans Affairs, the Administrator shall make 
available for distribution and display at local fa-
cilities of the Department of Veterans Affairs 
outreach materials regarding the Boots to Busi-
ness Program which shall, at a minimum— 
‘‘(i) describe the Boots to Business 
Program and the services provided; and 
‘‘(ii) include eligibility requirements 
for participating in the Boots to Business 
Program. 
‘‘(5) REPORT.—Not later than 180 days after 
the date of the enactment of this subsection and 
every year thereafter, the Administrator shall submit 
to the Committee on Small Business and Entrepre-
neurship of the Senate and the Committee on Small 
Business of the House of Representatives a report
959 
on the performance and effectiveness of the Boots to 
Business Program, which may be included as part of 
another report submitted to such Committees by the 
Administrator, and which shall include— 
‘‘(A) information regarding grants award-
ed under paragraph (4)(C); 
‘‘(B) the total cost of the Boots to Busi-
ness Program; 
‘‘(C) the number of program participants 
using each component of the Boots to Business 
Program; 
‘‘(D) the completion rates for each compo-
nent of the Boots to Business Program; 
‘‘(E) to the extent possible— 
‘‘(i) the demographics of program par-
ticipants, to include gender, age, race, rela-
tionship to military, military occupational 
specialty, and years of service of program 
participants; 
‘‘(ii) the number of small business 
concerns formed or expanded with assist-
ance under the Boots to Business Pro-
gram;
960 
‘‘(iii) the gross receipts of small busi-
ness concerns receiving assistance under 
the Boots to Business Program; 
‘‘(iv) the number of jobs created with 
assistance under the Boots to Business 
Program; 
‘‘(v) the number of referrals to other 
resources and programs of the Administra-
tion; 
‘‘(vi) the number of program partici-
pants receiving financial assistance under 
loan programs of the Administration; 
‘‘(vii) the type and dollar amount of 
financial assistance received by program 
participants under any loan program of the 
Administration; and 
‘‘(viii) results of participant satisfac-
tion surveys, including a summary of any 
comments received from program partici-
pants; 
‘‘(F) an evaluation of the effectiveness of 
the Boots to Business Program in each region 
of the Administration during the most recent 
fiscal year;
961 
‘‘(G) an assessment of additional perform-
ance outcome measures for the Boots to Busi-
ness Program, as identified by the Adminis-
trator; 
‘‘(H) any recommendations of the Admin-
istrator for improvement of the Boots to Busi-
ness Program, which may include expansion of 
the types of individuals who are covered individ-
uals; 
‘‘(I) an explanation of how the Boots to 
Business Program has been integrated with 
other transition programs and related resources 
of the Administration and other Federal agen-
cies; and 
‘‘(J) any additional information the Ad-
ministrator determines necessary.’’.
962 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Office of the Secretary 
of Defense and Related Matters 
SEC. 901. MODIFICATION OF REQUIREMENTS FOR AP-
POINTMENT OF A PERSON AS SECRETARY OF 
DEFENSE AFTER RELIEF FROM ACTIVE DUTY. 
Section 113(a) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘There is’’; and 
(2) by striking the second sentence and insert-
ing the following new paragraph: 
‘‘(2)(A) Except as provided by subparagraph (B), a 
person may not be appointed as Secretary of Defense dur-
ing the period of 10 years after relief from active duty 
as a commissioned officer of a regular component of an 
armed force in pay grade O–6 or above. 
‘‘(B) A person described in subparagraph (A) may 
be appointed as Secretary of Defense if— 
‘‘(i) the President submits to Congress a re-
quest for approval for such appointment; and 
‘‘(ii) Congress enacts a joint resolution of ap-
proval.
963 
‘‘(C) In this subsection, the term ‘joint resolution of 
approval’ means a joint resolution of either House of Con-
gress, the sole matter after the resolving clause of which 
is as follows: ‘‘The Congress approves exempting 
lllll from the prohibition under section 113(a) of 
title 10, United States Code, pursuant to the request of 
the President for such exemption submitted to Congress 
on llllll.’’, with the blank spaces being filled 
with the appropriate name and date, respectively.’’. 
SEC. 902. IMPLEMENTATION OF REPEAL OF CHIEF MAN-
AGEMENT OFFICER OF THE DEPARTMENT OF 
DEFENSE. 
Section 901(b)(1) of the William M. (Mac) Thorn-
berry National Defense Authorization Act for Fiscal Year 
2021 (Public Law 116–283) is amended by striking ‘‘, ex-
cept that any officer or employee so designated may not 
be an individual who served as the Chief Management Of-
ficer before the date of the enactment of this Act’’. 
SEC. 903. DESIGNATION OF SENIOR OFFICIAL FOR IMPLE-
MENTATION OF ELECTROMAGNETIC SPEC-
TRUM SUPERIORITY STRATEGY. 
(a) DESIGNATION.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall designate a senior official of the Department of De-
fense to be responsible for, and accountable to the Sec-
964 
retary with respect to, the implementation of the electro-
magnetic spectrum superiority strategy. The Secretary 
shall designate the senior official from among individuals 
who are appointed to a position in the Department by the 
President, by and with the advice and consent of the Sen-
ate. 
(b) RESPONSIBILITIES.—The senior official des-
ignated under subsection (a) shall be responsible for the 
following: 
(1) Oversight of policy, strategy, planning, re-
source management, operational considerations, per-
sonnel, and technology development necessary to im-
plement the electromagnetic spectrum superiority 
strategy. 
(2) Evaluating whether the amount that the 
Department of Defense expends on electromagnetic 
warfare and electromagnetic spectrum operations ca-
pabilities is properly aligned. 
(3) Evaluating whether the Department is ef-
fectively incorporating electromagnetic spectrum op-
erations capabilities and considerations into current 
and future operational plans and concepts. 
(4) Such other matters relating to electro-
magnetic spectrum operations as the Secretary 
specifies for purposes of this subsection.
965 
(c) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report that in-
cludes the following: 
(1) A review of the sufficiency of the rules of 
engagement of the Department of Defense relating 
to electromagnetic spectrum operations, in particular 
with respect to operating below the level of armed 
conflict and to protect the Department from elec-
tronic attack and disruption. 
(2) Any other matters the Secretary determines 
relevant. 
(d) IMPLEMENTATION PLAN.— 
(1) SUBMISSION.—Not later than 15 days after 
the date of the enactment of this Act, the Secretary 
shall submit to the congressional defense committees 
a complete copy of the implementation plan signed 
by the Secretary of Defense in July 2021 for the 
Electromagnetic Spectrum Superiority Strategy pub-
lished in October 2020. 
(2) REPORT.—Not later than 45 days after the 
date of the enactment of this Act, the Secretary 
shall submit to the congressional defense committees 
a report on the implementation plan specified in 
paragraph (1). The report shall include—
966 
(A) an evaluation of the additional per-
sonnel, resources, and authorities the Secretary 
determines will be needed by the senior official 
of the Department of Defense designated under 
subsection (a) who is responsible for imple-
menting the Electromagnetic Spectrum Superi-
ority Strategy published in October 2020; and 
(B) a description of how the Secretary will 
ensure that such implementation will be suc-
cessful. 
(e) LIMITATION ON AVAILABILITY OF FUNDS; QUAR-
TERLY BRIEFINGS.— 
(1) LIMITATION.—Of the funds authorized to 
be appropriated or otherwise made available for fis-
cal year 2022 for the Office of the Under Secretary 
of Defense for Acquisition and Sustainment for the 
travel of persons— 
(A) not more than 25 percent may be obli-
gated or expended until the Secretary provides 
to the congressional defense committees the 
first quarterly briefing under paragraph (2); 
(B) not more than 50 percent may be obli-
gated or expended until the Secretary provides 
to such committees the second quarterly brief-
ing under such paragraph; and
967 
(C) not more than 75 percent may be obli-
gated or expended until the Secretary provides 
to such committees the third quarterly briefing 
under such paragraph. 
(2) QUARTERLY
BRIEFINGS.—On a quarterly 
basis during the one-year period beginning on the 
date of the enactment of this Act, the Secretary 
shall provide to the congressional defense commit-
tees a briefing on the status of the implementation 
plan specified in subsection (d)(1). Each briefing 
shall include the following: 
(A) An update on the efforts of the De-
partment of Defense to— 
(i) achieve the strategic goals set out 
in the electromagnetic spectrum superiority 
strategy; and 
(ii) implement such strategy through 
various elements of the Department. 
(B) An identification of any additional au-
thorities or resources relating to electro-
magnetic spectrum operations that the Sec-
retary determines is necessary to implement the 
strategy. 
(f) ELECTROMAGNETIC
SPECTRUM
SUPERIORITY 
STRATEGY DEFINED.—In this section, the term ‘‘electro-
968 
magnetic spectrum superiority strategy’’ means the Elec-
tromagnetic Spectrum Superiority Strategy of the Depart-
ment of Defense published in October 2020, and any such 
successor strategy. 
Subtitle B—Other Department of 
Defense Organization and Man-
agement Matters 
SEC. 911. CLARIFICATION OF TREATMENT OF OFFICE OF 
LOCAL DEFENSE COMMUNITY COOPERATION 
AS A DEPARTMENT OF DEFENSE FIELD AC-
TIVITY. 
(a) TREATMENT OF OFFICE OF LOCAL DEFENSE 
COMMUNITY COOPERATION AS A DEPARTMENT OF DE-
FENSE FIELD ACTIVITY.— 
(1) TRANSFER TO CHAPTER 8.—Section 146 of 
title 10, United States Code, is transferred to sub-
chapter I of chapter 8 of such title, inserted after 
section 197, and redesignated as section 198. 
(2) TREATMENT AS DEPARTMENT OF DEFENSE 
FIELD ACTIVITY.—Section 198(a) of such title, as 
transferred and redesignated by subsection (a) of 
this subsection, is amended— 
(A) by striking ‘‘in the Office of the Sec-
retary of Defense an office to be known as the’’
969 
and inserting ‘‘in the Department of Defense 
an’’; and 
(B) by adding at the end the following: 
‘‘The Secretary shall designate the Office as a 
Department of Defense Field Activity pursuant 
to section 191, effective as of the date of the 
enactment of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283).’’. 
(3) APPOINTMENT OF DIRECTOR.—Such section 
198 is further amended— 
(A) in subsection (b) in the matter pre-
ceding paragraph (1), by striking ‘‘Under Sec-
retary 
of 
Defense 
for 
Acquisition 
and 
Sustainment’’ and inserting ‘‘Secretary of De-
fense’’; and 
(B) in subsection (c)(4), by striking 
‘‘Under Secretary of Defense for Acquisition 
and Sustainment’’ and inserting ‘‘Secretary’’. 
(4) CLERICAL AMENDMENTS.— 
(A) CHAPTER 4.—The table of sections at 
the beginning of chapter 4 of title 10, United 
States Code, is amended by striking the item 
relating to section 146.
970 
(B) CHAPTER 8.—The table of sections at 
the beginning of subtitle I of chapter 8 of such 
title is amended by inserting after the item re-
lating to section 197 the following new item: 
‘‘198. Office of Local Defense Community Cooperation.’’. 
(b) LIMITATION ON INVOLUNTARY SEPARATION OF 
PERSONNEL.—No personnel of the Office of Local De-
fense Community Cooperation under section 198 of title 
10, United States Code (as added by subsection (a)), may 
be involuntarily separated from service with that Office 
during the one-year period beginning on the date of the 
enactment of this Act, except for cause. 
(c) ADMINISTRATION OF PROGRAMS.—Any program, 
project, or other activity administered by the Office of 
Economic Adjustment of the Department of Defense as 
of the date of the enactment of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283) shall be administered 
by the Office of Local Defense Community Cooperation 
under section 198 of title 10, United States Code (as 
added by subsection (a)). 
(d) CONFORMING REPEAL.—Section 905 of the Wil-
liam M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116–283) is 
repealed.
971 
SEC. 912. USE OF COMBATANT COMMANDER INITIATIVE 
FUND FOR CERTAIN ENVIRONMENTAL MAT-
TERS. 
(a) AUTHORIZED ACTIVITIES.—Subsection (b) of sec-
tion 166a of title 10, United States Code, is amended— 
(1) by redesignating paragraphs (7) through 
(10) as paragraphs (8) through (11), respectively; 
and 
(2) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7) Resilience of military installations, ranges, 
and key supporting civilian infrastructure to extreme 
weather events and other changing environmental 
conditions.’’. 
(b) CONFORMING AMENDMENT.—Subsection (c)(1) 
of such section is amended by striking ‘‘and sustain-
ability’’ and all that follows and inserting the following: 
‘‘sustainability, and resilience of the forces assigned to the 
commander requesting the funds or of infrastructure sup-
porting such forces;’’. 
SEC. 913. INCLUSION OF EXPLOSIVE ORDNANCE DISPOSAL 
IN SPECIAL OPERATIONS ACTIVITIES. 
Section 167(k) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (10) as para-
graph (11); and
972 
(2) by inserting after paragraph (9) the fol-
lowing new paragraph (10): 
‘‘(10) Explosive ordnance disposal.’’. 
SEC. 914. COORDINATION OF CERTAIN NAVAL ACTIVITIES 
WITH THE SPACE FORCE. 
Section 8062(d) of title 10, United States Code, is 
amended by inserting ‘‘the Space Force,’’ after ‘‘the Air 
Force,’’. 
SEC. 915. SPACE FORCE ORGANIZATIONAL MATTERS AND 
MODIFICATION OF CERTAIN SPACE-RELATED 
ACQUISITION AUTHORITIES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) Congress established the Space Force to im-
prove the acquisition of resilient satellite and ground 
system architectures, encourage personnel retention, 
and emphasize the need to organize, train, and equip 
for a potential future conflict in the space domain; 
(2) as the Space Force continues efforts to be-
come fully operational, it should remain committed 
to building a ‘‘lean, agile, and fast’’ organization, as 
the Chief of Space Operations, General John W. 
Raymond, has often stated; and 
(3) in areas in which legislative action is need-
ed, including with respect to organizational structure
973 
and personnel requirements, the Secretary of the Air 
Force and the Chief of Space Operations should 
maintain consistent communication with Congress to 
ensure that the founding principle behind the estab-
lishment of the Space Force—to build a small orga-
nization responsive to a rapidly changing domain— 
is upheld. 
(b) IMPLEMENTATION DATE FOR SERVICE ACQUISI-
TION EXECUTIVE OF THE DEPARTMENT OF THE AIR 
FORCE FOR SPACE SYSTEMS AND PROGRAM.— 
(1) IMPLEMENTATION DATE.—Section 957 of 
the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92; 10 U.S.C. 9016 
note) is amended— 
(A) in subsection (a), by striking ‘‘Effec-
tive October 1, 2022, there shall be’’ and insert-
ing ‘‘Effective on the date specified in sub-
section (d), there shall be’’; 
(B) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘Ef-
fective as of October 1, 2022,’’ and insert-
ing ‘‘Effective as of the date specified in 
subsection (d)’’; and
974 
(ii) in paragraph (2), by striking ‘‘as 
of October 1, 2022,’’ and inserting ‘‘as of 
the date specified in subsection (d)’’; 
(C) in subsection (c)(3), by striking ‘‘Octo-
ber 1, 2022’’ and inserting ‘‘the date specified 
in subsection (d)’’; and 
(D) by adding at the end the following new 
subsection: 
‘‘(d) DATE SPECIFIED.—The date specified in this 
subsection is a date determined by the Secretary of the 
Air Force that is not later than October 1, 2022.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) TRANSFER OF ACQUISITION PROJECTS 
FOR SPACE SYSTEMS AND PROGRAMS.—Section 
956(b)(3) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 
116–92; 10 U.S.C. 9016 note) is amended— 
(i) by striking ‘‘Effective October 1, 
2022,’’ and inserting ‘‘Effective on the 
date specified in section 957(d),’’; and 
(ii) by striking ‘‘as of September 30, 
2022’’ and inserting ‘‘as of the day before 
the date specified in section 957(d)’’. 
(B) RESPONSIBILITIES OF ASSISTANT SEC-
RETARY OF THE AIR FORCE FOR SPACE ACQUI-
975 
SITION
AND
INTEGRATION.—Section 
9016(b)(6)(B)(vi) of title 10, United States 
Code, is amended by striking ‘‘Effective as of 
October 1, 2022, in accordance with section 
957 of that Act,’’ and inserting ‘‘Effective as of 
the date specified in section 957(d) of such Act, 
and in accordance with such section 957,’’. 
(c) SENIOR PROCUREMENT EXECUTIVE AUTHORI-
TIES.— 
(1) OFFICE OF THE SECRETARY OF THE AIR 
FORCE.—Section 9014(c) of title 10, United States 
Code, is amended— 
(A) in paragraph (2), by striking ‘‘The 
Secretary of the Air Force shall’’ and inserting 
‘‘Subject to paragraph (6), the Secretary of the 
Air Force shall’’; and 
(B) by inserting after paragraph (5) the 
following new paragraph: 
‘‘(6) Notwithstanding section 1702 of title 41, the 
Secretary of the Air Force may assign to the Assistant 
Secretary of the Air Force for Space Acquisition and Inte-
gration duties and authorities of the senior procurement 
executive that pertain to space systems and programs.’’. 
(2) ASSISTANT
SECRETARIES
OF
THE
AIR 
FORCE.—Section 9016(b)(6)(B)(vi) of title 10,
976 
United States Code, as amended by subsection 
(b)(2)(B) of this section, is further amended by in-
serting ‘‘and discharge any senior procurement exec-
utive duties and authorities assigned by the Sec-
retary of the Air Force pursuant to section 
9014(c)(6) of this title’’ after ‘‘Space Systems and 
Programs’’. 
SEC. 916. REPORT ON ESTABLISHMENT OF OFFICE TO 
OVERSEE SANCTIONS WITH RESPECT TO CHI-
NESE MILITARY COMPANIES. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a re-
port on the feasibility of establishing an office within the 
Department of Defense to oversee sanctions with respect 
to Chinese military companies. 
(b) ELEMENTS.—The report under subsection (a) 
shall include, at a minimum, the following: 
(1) An explanation of where in the organiza-
tional structure of the Department such an office 
should be established. 
(2) An assessment any benefits and drawbacks 
that may result from— 
(A) establishing such an office; and
977 
(B) making oversight of sanctions with re-
spect to Chinese military companies an internal 
responsibility of the Department. 
(c) CHINESE MILITARY COMPANY DEFINED.—In this 
section, the term ‘‘Chinese military company’’ has the 
meaning given that term in section 1260H(d) of the Wil-
liam M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116–283). 
SEC. 917. INDEPENDENT REVIEW OF AND REPORT ON THE 
UNIFIED COMMAND PLAN. 
(a) REVIEW REQUIRED.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall provide for an independent review of the cur-
rent Unified Command Plan. 
(2) ELEMENTS.—The review required by para-
graph (1) shall include the following: 
(A) An assessment of the most recent Uni-
fied Command Plan with respect to— 
(i) current and anticipated threats; 
(ii) deployment and mobilization of 
the Armed Forces; and 
(iii) the most current versions of the 
National Defense Strategy and Joint 
Warfighting Concept.
978 
(B) An evaluation of the missions, respon-
sibilities, and associated force structure of each 
geographic and functional combatant command. 
(C) An assessment of the feasibility of al-
ternative Unified Command Plan structures. 
(D) Recommendations, if any, for alter-
native Unified Command Plan structures. 
(E) Recommendations, if any, for how 
combatant command assessments of the capa-
bilities and capacities required to conduct the 
routine and contingency operations assigned to 
such commands can more effectively drive mili-
tary service modernization and procurement 
planning. 
(F) Recommendations, if any, for modifica-
tions to sections 161 through 169 of title 10, 
United States Code. 
(G) Any other matter the Secretary con-
siders appropriate. 
(3) CONDUCT
OF
REVIEW
BY
INDEPENDENT 
ENTITY.— 
(A) IN GENERAL.—The Secretary shall— 
(i) select an entity described in sub-
paragraph (B) to conduct the review re-
quired by paragraph (1); and
979 
(ii) ensure that the review is con-
ducted independently of the Department of 
Defense. 
(B) ENTITY
DESCRIBED.—An entity de-
scribed in this subparagraph is— 
(i) a federally funded research and de-
velopment center; or 
(ii) an independent, nongovernmental 
institute that— 
(I) 
is 
described 
in 
section 
501(c)(3) of the Internal Revenue 
Code of 1986; 
(II) is exempt from taxation 
under section 501(c) of that Code; 
and 
(III) has recognized credentials 
and expertise in national security and 
military affairs. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than October 1, 
2022, the Secretary shall submit to the Committees 
on Armed Services of the Senate and House of Rep-
resentatives the results of the review conducted 
under subsection (a).
980 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 918. EXPLOSIVE ORDNANCE DISPOSAL COMMAND. 
(a) TRANSFER
OF
COMMAND
AND
REDESIGNA-
TION.—The 20th Chemical, Biological, Radiological, Nu-
clear and high-yield Explosives Command of the Army is 
hereby— 
(1) transferred to the Army Special Operations 
Command within the United States Special Oper-
ations Command; and 
(2) redesignated as the 1st Explosive Ordnance 
Disposal Command (referred to in this section as the 
‘‘EOD Command’’). 
(b) COMMANDER.—There is a Commander of the 
EOD Command. The Commander shall be selected by the 
Secretary of the Army from among the general officers 
of the Army who— 
(1) hold a rank of major general or higher; and 
(2) have professional qualifications relating to 
explosive ordnance disposal. 
(c) DUTIES.—The duties of the EOD Command shall 
be to carry out explosive ordnance disposal activities in 
support of the Commander of the United States Special 
Operations Command, combatant commanders, and the
981 
heads of such other Federal departments and agencies as 
the Secretary of Defense considers appropriate. 
(d) HEADQUARTERS.—The headquarters of the EOD 
Command shall be located at Fort Bragg, North Carolina. 
(e) ADDITIONAL TRANSFERS.—Not later than 30 
days after the date of the enactment of this Act, the Sec-
retary of the Army shall transfer from the Army Forces 
Command to the EOD Command— 
(1) five Explosive Ordnance Disposal Groups; 
and 
(2) one Sustainment Brigade. 
(f) TIMELINE FOR OPERATIONAL CAPABILITY.—The 
Secretary of the Army shall ensure that the EOD Com-
mand— 
(1) achieves early operational capability not 
later than 90 days after the date of the enactment 
of this Act; and 
(2) achieves full operational capability not later 
than one year after such date of enactment. 
(g) TREATMENT AS SPECIAL OPERATIONS ACTIV-
ITY.—Consistent with the transfer made under subsection 
(a)(1), the Secretary of the Army shall treat explosive ord-
nance disposal as a special operations activity. 
(h) EXPLOSIVE ORDNANCE DISPOSAL ACTIVITIES 
DEFINED.—In this section, the term ‘‘explosive ordnance