335 
SEC. 705. EXPOSURE TO OPEN BURN PITS AND TOXIC AIR-
BORNE CHEMICALS OR OTHER AIRBORNE 
CONTAMINANTS 
AS 
PART 
OF 
PERIODIC 
HEALTH ASSESSMENTS AND OTHER PHYS-
ICAL EXAMINATIONS. 
(a) PERIODIC HEALTH ASSESSMENT.—The Secretary 
of Defense shall ensure that any periodic health assessment 
provided to members of the Armed Forces includes an eval-
uation of whether the member has been— 
(1) based or stationed at a location where an 
open burn pit was used; or 
(2) exposed to toxic airborne chemicals or other 
airborne contaminants, including any information 
recorded as part of the Airborne Hazards and Open 
Burn Pit Registry. 
(b) SEPARATION HISTORY AND PHYSICAL EXAMINA-
TIONS.—Section 1145(a)(5) of title 10, United States Code, 
is amended by adding at the end the following new subpara-
graph: 
‘‘(C) The Secretary concerned shall ensure that each 
physical examination of a member under subparagraph (A) 
includes an assessment of whether the member was— 
‘‘(i) based or stationed at a location where an 
open burn pit, as defined in subsection (c) of section 
201 of the Dignified Burial and Other Veterans’ Ben-
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efits Improvement Act of 2012 (Public Law 112–260; 
38 U.S.C. 527 note), was used; or 
‘‘(ii) exposed to toxic airborne chemicals or other 
airborne contaminants, including any information 
recorded as part of the registry established by the Sec-
retary of Veterans Affairs under such section 201.’’. 
(c) DEPLOYMENT ASSESSMENTS.—Section 1074f(b)(2) 
of title 10, United States Code, is amended by adding at 
the end the following new subparagraph: 
‘‘(D) An assessment of whether the member 
was— 
‘‘(i) based or stationed at a location where 
an open burn pit, as defined in subsection (c) of 
section 201 of the Dignified Burial and Other 
Veterans’ Benefits Improvement Act of 2012 
(Public Law 112–260; 38 U.S.C. 527 note), was 
used; or 
‘‘(ii) exposed to toxic airborne chemicals or 
other airborne contaminants, including any in-
formation recorded as part of the registry estab-
lished by the Secretary of Veterans Affairs under 
such section 201.’’. 
(d) SHARING OF INFORMATION.— 
(1) DOD–VA.—The Secretary of Defense and the 
Secretary of Veterans Affairs shall jointly enter into 
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a memorandum of understanding providing for the 
sharing by the Department of Defense with the De-
partment of Veterans Affairs of the results of covered 
evaluations regarding the exposure by a member of 
the Armed Forces to toxic airborne chemicals or other 
airborne contaminants. 
(2) REGISTRY.—If a covered evaluation of a 
member of the Armed Forces establishes that the mem-
ber was based or stationed at a location where an 
open burn pit was used or that the member was ex-
posed to toxic airborne chemicals or other airborne 
contaminants, the member shall be enrolled in the 
Airborne Hazards and Open Burn Pit Registry un-
less the member elects to not so enroll. 
(e) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed to preclude eligibility for benefits under 
the laws administered by the Secretary of Veterans Affairs 
by reason of the open burn pit exposure history of a veteran 
not being recorded in a covered evaluation. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘Airborne Hazards and Open Burn 
Pit Registry’’ means the registry established by the 
Secretary of Veterans Affairs under section 201 of the 
Dignified Burial and Other Veterans’ Benefits Im-
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provement Act of 2012 (Public Law 112–260; 38 
U.S.C. 527 note). 
(2) The term ‘‘covered evaluation’’ means— 
(A) a periodic health assessment conducted 
in accordance with subsection (a); 
(B) a separation history and physical ex-
amination conducted under section 1145(a)(5) of 
title 10, United States Code, as amended by this 
section; and 
(C) a deployment assessment conducted 
under section 1074f(b)(2) of such title, as amend-
ed by this section. 
(3) The term ‘‘open burn pit’’ has the meaning 
given that term in section 201(c) of the Dignified 
Burial and Other Veterans’ Benefits Improvement Act 
of 2012 (Public Law 112–260; 38 U.S.C. 527 note). 
SEC. 
706. 
ENHANCEMENT 
OF 
RECORDKEEPING 
AND 
POSTDEPLOYMENT 
MEDICAL 
ASSESSMENT 
REQUIREMENTS RELATED TO OCCUPATIONAL 
AND ENVIRONMENTAL HAZARD EXPOSURE 
DURING DEPLOYMENT. 
(a) RECORDING
OF OCCUPATIONAL
AND ENVIRON-
MENTAL HEALTH RISKS IN DEPLOYMENT AREA.— 
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(1) ELEMENTS
OF
MEDICAL
TRACKING
SYS-
TEM.—Subsection (b)(1)(A) of section 1074f of title 
10, United States Code, is amended— 
(A) in clause (ii), by striking ‘‘and’’ at the 
end; 
(B) in clause (iii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(iv) accurately record any 
exposure to occupational and en-
vironmental health risks during 
the course of their deployment.’’. 
(2) RECORDKEEPING.—Subsection (c) of such 
section is amended by inserting after ‘‘deployment 
area’’ the following: ‘‘(including the results of any as-
sessment performed by the Secretary of occupational 
and environmental health risks for such area)’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of the 
enactment of this Act. 
(b) INTEGRATION OF BURN PIT REGISTRY INFORMA-
TION INTO ELECTRONIC HEALTH RECORDS.— 
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(1) 
UPDATES
TO
ELECTRONIC
HEALTH 
RECORDS.—Beginning not later than one year after 
the date of the enactment of this Act— 
(A) the Secretary of Defense shall ensure 
that the electronic health record maintained by 
such Secretary of a member of the Armed Forces 
registered with the burn pit registry is updated 
with any information contained in such registry; 
and 
(B) the Secretary of Veterans Affairs shall 
ensure that the electronic health record main-
tained by such Secretary of a veteran registered 
with the burn pit registry is updated with any 
information contained in such registry. 
(2) BURN PIT REGISTRY DEFINED.—In this sub-
section, the term ‘‘burn pit registry’’ means the reg-
istry established under section 201 of the Dignified 
Burial and Other Veterans’ Improvements Act of 
2012 (Public Law 112–260; 38 U.S.C. 527 note). 
(c) POSTDEPLOYMENT MEDICAL EXAMINATION
AND 
REASSESSMENTS.— 
(1) ADDITIONAL REQUIREMENTS.—Section 1074f 
of title 10, United States Code is further amended by 
adding at the end the following new subsection: 
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‘‘(g) 
ADDITIONAL
REQUIREMENTS
FOR 
POSTDEPLOYMENT MEDICAL EXAMINATIONS AND HEALTH 
REASSESSMENTS.—(1) The Secretary of Defense shall— 
‘‘(A) standardize and make available to a pro-
vider that conducts a postdeployment medical exam-
ination or reassessment under the system described in 
subsection (a) questions relating to occupational and 
environmental health exposure; and 
‘‘(B) prior to an examination or reassessment of 
a member of the armed forces, require such provider 
to review information applicable to such member— 
‘‘(i) in a Periodic Occupational and Envi-
ronmental Monitoring Summary (or any suc-
cessor document); and 
‘‘(ii) on the Defense Occupational and En-
vironmental Health Readiness System (or any 
successor system). 
‘‘(2) The Secretary shall ensure that the medical record 
of a member includes information on the external cause re-
lating to a diagnosis of the member, including by associ-
ating an external cause code (as issued under the Inter-
national Statistical Classification of Diseases, 10th Revi-
sion (or any successor revision)).’’. 
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(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect 180 days after the 
date of the enactment of this Act. 
(d) REPORT
BY COMPTROLLER GENERAL
OF
THE 
UNITED STATES.—Not later than two years after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to the congressional defense com-
mittees and the Committees on Veterans’ Affairs of the 
House of Representatives and the Senate a report con-
taining an evaluation of the implementation of this section 
(and the amendments made by this section), including an 
assessment of the extent to which the Secretary of Defense 
and Secretary of Veterans Affairs are in compliance with 
the applicable requirements of this section (and the amend-
ments made by this section). 
SEC. 707. MODIFICATIONS TO POST-DEPLOYMENT MENTAL 
HEALTH ASSESSMENTS FOR MEMBERS OF 
THE ARMED FORCES DEPLOYED IN SUPPORT 
OF A CONTINGENCY OPERATION. 
(a) REQUIRED ASSESSMENTS.—Section 1074m(a)(1) 
of title 10, United States Code, is amended by striking sub-
paragraphs (C) and (D) and inserting the following new 
subparagraphs: 
‘‘(C) Subject to paragraph (3) and sub-
section (d), once during the period beginning on 
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the date of redeployment from the contingency 
operation and ending 14 days after such rede-
ployment date. 
‘‘(D) Subject to subsection (d), not less than 
once annually— 
‘‘(i) beginning 14 days after the date of 
redeployment from the contingency oper-
ation; or 
‘‘(ii) if the assessment required by sub-
paragraph (C) is performed during the pe-
riod specified in paragraph (3), beginning 
180 days after the date of redeployment 
from the contingency operation.’’. 
(b) EXCEPTIONS.—Section 1074m(a) of such title, as 
amended by subsection (a), is further amended by striking 
paragraph (2) and inserting the following new paragraphs: 
‘‘(2) A mental health assessment is not required for 
a member of the armed forces under subparagraphs (C) and 
(D) of paragraph (1) (including an assessment performed 
pursuant to paragraph (3)) if the Secretary determines that 
providing such assessment to the member during the time 
periods under such subparagraphs would remove the mem-
ber from forward deployment or put members or oper-
ational objectives at risk. 
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‘‘(3) A mental health assessment required under sub-
paragraph (C) of paragraph (1) may be provided during 
the period beginning 90 days after the date of redeployment 
from the contingency operation and ending 180 days after 
such redeployment date if the Secretary determines that— 
‘‘(A) an insufficient number of personnel are 
available to perform the assessment during the time 
period under such subparagraph; or 
‘‘(B) an administrative processing issue exists 
upon the return of the member to the home unit or 
duty station that would prevent the effective perform-
ance of the assessment during such time period.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to a date of redeployment 
that is on or after January 1, 2020. 
SEC. 708. PROVISION OF BLOOD TESTING FOR FIRE-
FIGHTERS OF DEPARTMENT OF DEFENSE TO 
DETERMINE 
EXPOSURE 
TO 
PERFLUOROALKYL AND POLYFLUOROALKYL 
SUBSTANCES. 
The Secretary of Defense shall include, as part of the 
annual physical examination provided by the Secretary to 
each firefighter of the Department of Defense, blood testing 
to determine and document the potential exposure of such 
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firefighters to perfluoroalkyl and polyfluoroalkyl substances 
(commonly known as ‘‘PFAS’’). 
Subtitle B—Health Care 
Administration 
SEC. 711. REQUIREMENTS FOR CERTAIN PRESCRIPTION 
DRUG LABELS. 
(a) REQUIREMENT.—Section 1074g of title 10, United 
States Code, is amended— 
(1) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; and 
(2) by inserting after subsection (g) the following 
new subsection (h): 
‘‘(h) LABELING.—The Secretary of Defense shall ensure 
that drugs made available through the facilities of the 
armed forces under the jurisdiction of the Secretary include 
labels that— 
‘‘(1) are printed and physically located on or 
within the package from which the drug is to be dis-
pensed; and 
‘‘(2) provide adequate directions for the purposes 
for which the drug is intended.’’. 
(b) CONFORMING AMENDMENT.—Subsection (b)(1) of 
such section is amended by striking ‘‘under subsection (h)’’ 
and inserting ‘‘under subsection (j)’’. 
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(c) IMPLEMENTATION.—Beginning not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall implement subsection (h) of section 
1074g of title 10, United States Code, as added by sub-
section (a). 
SEC. 712. OFFICERS AUTHORIZED TO COMMAND ARMY DEN-
TAL UNITS. 
Section 7081(d) of title 10, United States Code, is 
amended by striking ‘‘Dental Corps Officer’’ and inserting 
‘‘commissioned officer of the Army Medical Department’’. 
SEC. 713. IMPROVEMENTS TO LEADERSHIP OF INTER-
AGENCY PROGRAM OFFICE OF THE DEPART-
MENT OF DEFENSE AND THE DEPARTMENT 
OF VETERANS AFFAIRS. 
Subsection (c) of section 1635 of the Wounded Warrior 
Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) 
is amended to read as follows: 
‘‘(c) LEADERSHIP.— 
‘‘(1) DIRECTOR.—The Director of the Office shall 
be the head of the Office. 
‘‘(2) DEPUTY DIRECTOR.—The Deputy Director 
of the Office shall be the deputy head of the Office and 
shall assist the Director in carrying out the duties of 
the Director. 
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‘‘(3) REPORTING.—The Director shall report to 
the Department of Veterans Affairs-Department of 
Defense Joint Executive Committee established by sec-
tion 320 of title 38, United States Code. 
‘‘(4) APPOINTMENTS.— 
‘‘(A) DIRECTOR.—The Director shall be 
jointly appointed by the Secretary of Veterans 
Affairs and the Secretary of Defense for a five- 
year term. The Director may be reappointed for 
one or more additional terms. 
‘‘(B) DEPUTY DIRECTOR.—The Deputy Di-
rector shall be jointly appointed by the Secretary 
of Veterans Affairs and the Secretary of Defense 
for a five-year term. The Deputy Director may 
be reappointed for one or more additional terms. 
‘‘(C) ADVICE.—The Department of Veterans 
Affairs-Department of Defense Joint Executive 
Committee shall provide the Secretary of Vet-
erans Affairs and the Secretary of Defense with 
advice regarding potential individuals to be ap-
pointed Director and Deputy Director under 
subparagraphs (A) and (B), respectively. 
‘‘(D) MINIMUM QUALIFICATIONS.—The De-
partment of Veterans Affairs-Department of De-
fense Joint Executive Committee shall develop 
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qualification requirements for the office of the 
Director and the Deputy Director. Such require-
ments shall ensure that, at a minimum, the Di-
rector and Deputy Director, individually or to-
gether, meet the following qualifications: 
‘‘(i) Significant experience as a clini-
cian, at the level of chief medical officer or 
equivalent. 
‘‘(ii) Significant experience in health 
informatics, at the level of chief health 
informatics officer or equivalent. 
‘‘(iii) Significant experience leading 
implementation of enterprise-wide tech-
nology in a health care setting in the public 
or private sector. 
‘‘(5) ADDITIONAL
GUIDANCE.—In addition to 
providing direction, supervision, and control of the 
Office pursuant to paragraph (3), the Department of 
Veterans Affairs-Department of Defense Joint Execu-
tive Committee shall— 
‘‘(A) provide guidance in the discharge of 
the functions of the Office under this section; and 
‘‘(B) facilitate the establishment of a charter 
and mission statement for the Office. 
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‘‘(6) INFORMATION TO CONGRESS.—Upon request 
by any of the appropriate committees of Congress, the 
Director and the Deputy Director shall testify before 
such committee, or provide a briefing or otherwise 
provide requested information to such committee, re-
garding the discharge of the functions of the Office 
under this section.’’. 
SEC. 714. INCLUSION OF BLAST EXPOSURE HISTORY IN 
MEDICAL RECORDS OF MEMBERS OF THE 
ARMED FORCES. 
(a) REQUIREMENT.—The Secretary of Defense, in co-
ordination with the Secretaries of the military departments, 
shall document blast exposure history in the medical record 
of a member of the Armed Forces to— 
(1) assist in determining whether a future illness 
or injury of the member is service-connected; and 
(2) inform future blast exposure risk mitigation 
efforts of the Department of Defense. 
(b) ELEMENTS.—A blast exposure history under sub-
section (a) shall include, at a minimum, the following: 
(1) The date of the exposure. 
(2) The duration of the exposure, and, if known, 
the measured blast pressure experienced by the indi-
vidual during such exposure. 
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(3) Whether the exposure occurred during combat 
or training. 
(4) Such other information relating to the expo-
sure as the Secretary of Defense may specify pursuant 
to the guidance described in subsection (c)(1). 
(c) COLLECTION OF EXPOSURE INFORMATION.—The 
Secretary of Defense shall collect blast exposure information 
with respect to a member of the Armed Forces in a man-
ner— 
(1) consistent with blast exposure measurement 
training guidance of the Department, including any 
new guidance developed pursuant to— 
(A) the study on blast pressure exposure re-
quired by section 734 of the National Defense 
Authorization Act for Fiscal Year 2018 (Public 
Law 115–91; 131 Stat. 1444); and 
(B) the review of guidance on blast exposure 
during training required by section 253 of the 
John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115–232; 
132 Stat. 1704, 10 U.S.C. 2001 note); 
(2) compatible with training and operational ob-
jectives; and 
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(3) that is automated, to the extent practicable, 
to minimize the reporting burden of unit com-
manders. 
(d) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the types of 
information included in a blast exposure history under sub-
section (a). 
SEC. 715. COMPREHENSIVE POLICY FOR PROVISION OF 
MENTAL HEALTH CARE TO MEMBERS OF THE 
ARMED FORCES. 
(a) POLICY REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of De-
fense, acting through the Under Secretary of Defense for 
Personnel and Readiness, shall develop and implement a 
comprehensive policy for the provision of mental health care 
to members of the Armed Forces. 
(b) ELEMENTS.—The policy under subsection (a) shall 
address each of the following: 
(1) The compliance of health professionals in the 
military health system engaged in the provision of 
health care services to members with clinical practice 
guidelines for— 
(A) suicide prevention; 
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(B) medication-assisted therapy for alcohol 
use disorders; and 
(C) medication-assisted therapy for opioid 
use disorders. 
(2) The access and availability of mental health 
care services to members who are victims of sexual as-
sault or domestic violence. 
(3) The availability of naloxone reversal capa-
bility on military installations. 
(4) The promotion of referrals of members by ci-
vilian health care providers to military medical treat-
ment facilities when such members are— 
(A) at high risk for suicide and diagnosed 
with a psychiatric disorder; or 
(B) receiving treatment for opioid use dis-
orders. 
(5) The provision of comprehensive behavioral 
health treatment to members of the reserve compo-
nents that takes into account the unique challenges 
associated with the deployment pattern of such mem-
bers and the difficulty such members encounter post- 
deployment with respect to accessing such treatment 
in civilian communities. 
(c) CONSIDERATION.—In developing the policy under 
subsection (a), the Secretary of Defense shall solicit and 
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consider recommendations from the Secretaries of the mili-
tary departments and the Chairman of the Joint Chiefs of 
Staff regarding the feasibility of implementation and execu-
tion of particular elements of the policy. 
(d) REPORT.—Not later than 18 months after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the implemen-
tation of the policy under subsection (a). 
SEC. 716. LIMITATION ON THE REALIGNMENT OR REDUC-
TION OF MILITARY MEDICAL MANNING END 
STRENGTH. 
(a) LIMITATION.—Except as provided by subsection 
(d), the Secretary of Defense and the Secretaries concerned 
may not realign or reduce military medical end strength 
authorizations until— 
(1) each review is conducted under paragraph 
(1) of subsection (b); 
(2) each analysis is conducted under paragraph 
(2) of such subsection; 
(3) the measurement is developed under para-
graph (3) of such subsection; 
(4) each plan and forum is provided under para-
graph (4) of such subsection; and 
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(5) a period of 90 days elapses following the date 
on which the Secretary submits the report under sub-
section (c). 
(b) REVIEWS, ANALYSES, AND
OTHER
INFORMA-
TION.— 
(1) REVIEW.—Each Secretary concerned, in co-
ordination with the Chairman of the Joint Chiefs of 
Staff, shall conduct a review of the medical manpower 
requirements of the military department of the Sec-
retary that accounts for all national defense strategy 
scenarios. 
(2) ANALYSES.—With respect to each military 
medical treatment facility that would be affected by 
a proposed military medical end strength realignment 
or reduction, the Secretary concerned shall conduct an 
analysis that— 
(A) identifies affected billets; and 
(B) includes a plan for mitigating any po-
tential gap in health care services caused by such 
realignment or reduction. 
(3) MEASUREMENT.—The Secretary of Defense 
shall— 
(A) develop a standard measurement for 
network adequacy to determine the capacity of 
the local health care network to provide care for 
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covered beneficiaries in the area of a military 
medical treatment facility that would be affected 
by a proposed military medical end strength re-
alignment or reduction; and 
(B) use such measurement in carrying out 
this section and otherwise evaluating proposed 
military medical end strength realignment or re-
ductions. 
(4) OUTREACH.—The Secretary of Defense shall 
provide to each member of the Armed Forces and cov-
ered beneficiary located in the area of a military 
medical treatment facility that would be affected by 
a proposed military medical end strength realignment 
or reduction the following: 
(A) A transition plan for continuity of 
health care services. 
(B) A public forum to discuss the concerns 
of the member and covered beneficiary regarding 
such proposed realignment or reduction. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a report on the proposed 
military medical end strength realignments or reductions, 
including— 
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(1) the reviews, analyses, and other information 
developed under subsection (b); and 
(2) a description of the actions the Secretary 
plans to take with respect to such proposed realign-
ments or reductions. 
(d) EXCEPTION.—The limitation in subsection (a) 
shall not apply to billets of a medical department of a mili-
tary department that have remained unfilled since at least 
October 1, 2018. The Secretary concerned may realign or 
reduce such a billet if the Secretary determines that such 
realignment or reduction does not affect the provision of 
health care services to members of the Armed Forces or cov-
ered beneficiaries. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered beneficiary’’ has the 
meaning given that term in section 1072 of title 10, 
United States Code. 
(2) The term ‘‘proposed military medical end 
strength realignment or reduction’’ means a realign-
ment or reduction of military medical end strength 
authorizations as proposed by the budget of the Presi-
dent for fiscal year 2020 submitted to Congress pursu-
ant to section 1105 of title 31, United States Code. 
(3) The term ‘‘Secretary concerned’’ means— 
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(A) the Secretary of the Army, with respect 
to matters concerning the Army; 
(B) the Secretary of the Navy, with respect 
to matters concerning the Navy, the Marine 
Corps, and the Coast Guard when it is operating 
as a service in the Department of the Navy; and 
(C) the Secretary of the Air Force, with re-
spect to matters concerning the Air Force. 
SEC. 717. STRATEGY TO RECRUIT AND RETAIN MENTAL 
HEALTH PROVIDERS. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report that— 
(1) describes the shortage of mental health pro-
viders of the Department of Defense; 
(2) explains the reasons for such shortage; 
(3) explains the effect of such shortage on mem-
bers of the Armed Forces; and 
(4) contains a strategy to better recruit and re-
tain mental health providers, including with respect 
to psychiatrists, psychologists, mental health nurse 
practitioners, licensed social workers, and other li-
censed providers of the military health system. 
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SEC. 718. MONITORING MEDICATION PRESCRIBING PRAC-
TICES FOR THE TREATMENT OF POST-TRAU-
MATIC STRESS DISORDER. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Serv-
ices of the House of Representatives and the Senate a 
report on the practices for prescribing medication 
during the period beginning January 1, 2012, and 
ending December 31, 2017, that were inconsistent 
with the post-traumatic stress disorder medication 
guidelines developed by the Department of Defense 
and the Veterans Health Administration. 
(2) CONTENTS.—The report under this subsection 
shall include the following: 
(A) A summary of the practices of the 
Army, Navy, and the Air Force, for prescribing 
medication during the period referred to in 
paragraph (1) that were inconsistent with the 
post-traumatic stress disorder medication guide-
lines developed by the Department of Defense 
and the Veterans Health Administration. 
(B) Identification of medical centers serving 
members of the Armed Forces found to having 
higher than average incidences of prescribing 
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medication during the period referred to in 
paragraph (1) that were inconsistent with the 
post-traumatic stress disorder guidelines. 
(C) A plan for such medical centers to re-
duce the prescribing of medications that are in-
consistent with the post-traumatic stress disorder 
guidelines. 
(D) A plan for ongoing monitoring of med-
ical centers found to have higher than average 
incidences of prescribing medication that were 
inconsistent with the post-traumatic stress dis-
order guidelines by the Department of Defense 
and the Veterans Health Administration. 
(b) MONITORING PROGRAM.—Based on the findings of 
the report under subsection (a), the Secretaries of the Army, 
the Navy, and the Air Force shall each establish a moni-
toring program carried out with respect to such branch of 
the Armed Forces that shall provide as follows: 
(1) The monitoring program shall provide for the 
conduct of periodic reviews, beginning October 1, 
2019, of medication prescribing practices of its own 
providers. 
(2) The monitoring program shall provide for 
regular reports, beginning October 1, 2020, to the De-
partment of Defense and the Veterans Health Admin-
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istration, of the results of the periodic reviews pursu-
ant to paragraph (1) of this subsection. 
(3) The monitoring program shall establish in-
ternal procedures, not later than October 1, 2020, to 
address practices for prescribing medication that are 
inconsistent with the post-traumatic stress disorder 
medication guidelines developed by the Department of 
Defense and the Veterans Health Administration. 
Subtitle C—Reports and Other 
Matters 
SEC. 721. ESTABLISHMENT OF MILITARY DENTAL RE-
SEARCH PROGRAM. 
(a) IN GENERAL.—Chapter 104 of title 10, United 
States Code, is amended by inserting after section 2116 the 
following new section: 
‘‘§ 2116a. Military dental research 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) The term ‘military dental research’ means 
research on the furnishing of dental care and services 
by dentists in the armed forces. 
‘‘(2) The term ‘TriService Dental Research Pro-
gram’ means the program of military dental research 
authorized under this section. 
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‘‘(b) PROGRAM AUTHORIZED.—The Secretary of De-
fense may establish at the University a program of military 
dental research. 
‘‘(c) TRISERVICE RESEARCH GROUP.—The TriService 
Dental Research Program shall be administered by a 
TriService Dental Research Group composed of Army, 
Navy, and Air Force dentists who are involved in military 
dental research and are designated by the Secretary con-
cerned to serve as members of the group. 
‘‘(d) DUTIES OF GROUP.—The TriService Dental Re-
search Group described in subsection (c) shall— 
‘‘(1) develop for the Department of Defense rec-
ommended guidelines for requesting, reviewing, and 
funding proposed military dental research projects; 
and 
‘‘(2) make available to Army, Navy, and Air 
Force dentists and officials of the Department of De-
fense who conduct military dental research— 
‘‘(A) information about dental research 
projects that are being developed or carried out 
in the Army, Navy, and Air Force; and 
‘‘(B) expertise and information beneficial to 
the encouragement of meaningful dental research. 
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‘‘(e) RESEARCH TOPICS.—For purposes of this section, 
military dental research includes research on the following 
issues: 
‘‘(1) Issues regarding how to ensure the readiness 
of members of the armed forces on active duty and in 
the reserve components with respect to the provision 
of dental care and services. 
‘‘(2) Issues regarding preventive dentistry and 
disease management, including early detection of 
needs. 
‘‘(3) Issues regarding how to improve the results 
of dental care and services provided in the armed 
forces in time of peace. 
‘‘(4) Issues regarding how to improve the results 
of dental care and services provided in the armed 
forces in time of war. 
‘‘(5) Issues regarding minimizing or eliminating 
emergent dental conditions and dental disease and 
non-battle injuries in deployed settings. 
‘‘(6) Issues regarding how to prevent complica-
tions associated with dental-related battle injuries. 
‘‘(7) Issues regarding how to prevent complica-
tions associated with the transportation of dental pa-
tients in the military medical evacuation system. 
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‘‘(8) Issues regarding the use of technological ad-
vances, including teledentistry. 
‘‘(9) Issues regarding psychological distress in 
receiving dental care and services. 
‘‘(10) Issues regarding how to improve methods 
of training dental personnel, including dental assist-
ants and dental extenders. 
‘‘(11) Wellness issues relating to dental care and 
services. 
‘‘(12) Case management issues relating to dental 
care and services. 
‘‘(13) Issues regarding the use of alternate dental 
care delivery systems, including the employment of 
interprofessional practice models incorporating mul-
tiple health professions.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 104 of such title is amended by 
inserting after the item relating to section 2116 the fol-
lowing new item: 
‘‘2116a. Military dental research.’’. 
SEC. 722. PILOT PROGRAM ON CRYOPRESERVATION AND 
STORAGE. 
(a) PILOT PROGRAM.—The Secretary of Defense shall 
establish a pilot program to provide not more than 1,000 
members of the Armed Forces serving on active duty with 
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the opportunity to cryopreserve and store their gametes 
prior to deployment to a combat zone. 
(b) PERIOD.— 
(1) IN GENERAL.—The Secretary shall provide 
for the cryopreservation and storage of gametes of a 
participating member of the Armed Forces under sub-
section (a), at no cost to the member, in a facility of 
the Department of Defense or at a private entity pur-
suant to a contract under subsection (d) until the 
date that is one year after the retirement, separation, 
or release of the member from the Armed Forces. 
(2) CONTINUED CRYOPRESERVATION AND STOR-
AGE.—At the end of the one-year period specified in 
paragraph (1), the Secretary shall authorize an indi-
vidual whose gametes were cryopreserved and stored 
in a facility of the Department as described in that 
paragraph to select, including pursuant to an ad-
vance medical directive or military testamentary in-
strument completed under subsection (c), one of the 
following options: 
(A) To continue such cryopreservation and 
storage in such facility with the cost of such 
cryopreservation and storage borne by the indi-
vidual. 
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(B) To transfer the gametes to a private 
cryopreservation and storage facility selected by 
the individual. 
(C) To authorize the Secretary to dispose of 
the gametes of the individual not earlier than the 
date that is 90 days after the end of the one-year 
period specified in paragraph (1) with respect to 
the individual. 
(c) ADVANCE MEDICAL DIRECTIVE
AND MILITARY 
TESTAMENTARY INSTRUMENT.—A member of the Armed 
Forces who elects to cryopreserve and store their gametes 
under this section shall complete an advance medical direc-
tive described in section 1044c(b) of title 10, United States 
Code, and a military testamentary instrument described in 
section 1044d(b) of such title, that explicitly specifies the 
use of their cryopreserved and stored gametes if such mem-
ber dies or otherwise loses the capacity to consent to the 
use of their cryopreserved and stored gametes. 
(d) AGREEMENTS.—To carry out this section, the Sec-
retary may enter into agreements with private entities that 
provide cryopreservation and storage services for gametes. 
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SEC. 723. ENCOURAGEMENT OF PARTICIPATION IN WOM-
EN’S HEALTH TRANSITION TRAINING PILOT 
PROGRAM. 
(a) ENCOURAGEMENT OF PARTICIPATION.—The Secre-
taries of the military departments shall encourage female 
members of the Armed Forces who are separating or retiring 
from the Armed Forces during fiscal year 2020 to partici-
pate in the Women’s Health Transition Training pilot pro-
gram (in this section referred to as the ‘‘pilot program’’) 
administered by the Secretary of Veterans Affairs. 
(b) SELECTION.—Each Secretary of a military depart-
ment shall select at least one location at which the pilot 
program is offered and encourage participation in the pilot 
program at such location. 
(c) REPORT.—Not later than September 30, 2020, the 
Secretary of Defense, in consultation with the Secretary of 
Veterans Affairs, shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives and 
the Committees on Veterans’ Affairs of the Senate and 
House of Representatives a report on the pilot program that 
includes the following: 
(1) For the period since the commencement of the 
pilot program— 
(A) the number of courses held under the 
pilot program; 
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(B) the locations at which such courses were 
held; and 
(C) for each location identified in subpara-
graph (B)— 
(i) the number of female members by 
military department (with respect to De-
partment of the Navy, separately for the 
Navy and Marine Corps) who participated 
in the pilot program; and 
(ii) the number of seats available 
under the pilot program. 
(2) Data relating to— 
(A) satisfaction with courses held under the 
pilot program; 
(B) improved awareness of health care serv-
ices administered by the Secretary of Veterans 
Affairs; and 
(C) any other available statistics regarding 
the pilot program. 
(3) A discussion of regulatory, legal, or resource 
barriers to— 
(A) making the pilot program permanent to 
enable access by a greater number of female 
members at locations throughout the United 
States; 
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(B) offering the pilot program online for fe-
male members who are unable to attend courses 
held under the pilot program in person; and 
(C) providing for automatic enrollment of 
participants in the pilot program in the patient 
enrollment system of the Department of Veterans 
Affairs established and operated under section 
1705 of title 38, United States Code. 
SEC. 724. NATIONAL GUARD SUICIDE PREVENTION PILOT 
PROGRAM. 
(a) PILOT PROGRAM AUTHORIZED.—The Chief of the 
National Guard Bureau may carry out a pilot program 
to expand suicide prevention and intervention efforts at the 
community level through the use of a mobile application 
that provides the capability for a member of the National 
Guard to receive prompt support, including access to a be-
havioral health professional, on a smartphone, tablet com-
puter, or other handheld mobile device. 
(b) ELEMENTS.—The pilot program shall include, sub-
ject to such conditions as the Secretary may prescribe— 
(1) the use by members of the National Guard of 
an existing mobile application that provides the capa-
bility described in subsection (a); or 
(2) the development and use of a new mobile ap-
plication that provides such capability. 
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(c) ELIGIBILITY
AND
PARTICIPATION
REQUIRE-
MENTS.—The Chief of the National Guard Bureau shall es-
tablish requirements with respect to eligibility and partici-
pation in the pilot program. 
(d) ASSESSMENT PRIOR TO PILOT PROGRAM COM-
MENCEMENT.—Prior to commencement of the pilot pro-
gram, the Chief of the National Guard Bureau shall— 
(1) conduct an assessment of existing prevention 
and intervention efforts of the National Guard in 
each State that include the use of mobile applications 
that provide the capability described in subsection (a) 
to determine best practices for providing immediate 
and localized care through the use of such mobile ap-
plications; and 
(2) determine the feasibility of expanding exist-
ing programs on a national scale. 
(e) RESPONSIBILITIES OF ENTITIES PARTICIPATING IN 
PILOT PROGRAM.—Each entity that participates in the 
pilot program shall— 
(1) share best practices with other entities par-
ticipating in the program; and 
(2) annually assess outcomes with respect to 
members of the National Guard. 
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(f) TERM.—The pilot program shall terminate on the 
date that is three years after the date on which the pilot 
program commenced. 
(g) REPORTS.— 
(1) INITIAL REPORT.—If the Chief of the Na-
tional Guard Bureau commences the pilot program 
authorized under subsection (a), not later than 180 
days after the date of the commencement of such pro-
gram, the Chief shall submit to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives a report containing a description of the 
pilot program and such other matters as the Chief 
considers appropriate. 
(2) FINAL REPORT.— 
(A) IN GENERAL.—Not later than 180 days 
after the termination of the pilot program, the 
Chief of the National Guard Bureau shall submit 
to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report on 
such pilot program. 
(B) 
MATTERS
INCLUDED.—The 
report 
under subparagraph (A) shall include the fol-
lowing: 
(i) A description of the pilot program, 
including any partnerships entered into by 
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the Chief of the National Guard Bureau 
under the program. 
(ii) An assessment of the effectiveness 
of the pilot program. 
(iii) A description of costs associated 
with the implementation of the pilot pro-
gram. 
(iv) The estimated costs of making the 
pilot program permanent. 
(v) A recommendation as to whether 
the pilot program should be extended or 
made permanent. 
(vi) Such other recommendations for 
legislative or administrative action as the 
Chief of the National Guard Bureau con-
siders appropriate. 
(h) STATE
DEFINED.—In this section, the term 
‘‘State’’ means each of the several States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, American 
Samoa, Guam, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands. 
SEC. 725. REPORTS ON SUICIDE AMONG MEMBERS OF THE 
ARMED FORCES. 
(a) REPORTS.—Not later than 90 days after the date 
of the enactment of this Act, and annually thereafter 
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through January 31, 2021, the Secretary of Defense shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a report on suicide 
among members of the Armed Forces during the year pre-
ceding the date of the report. 
(b) MATTERS INCLUDED.—Each report under sub-
section (a) shall include the following with respect to the 
year covered by the report: 
(1) The number of suicides, attempted suicides, 
and occurrences of suicidal ideation involving a mem-
ber of the Armed Forces, including the reserve compo-
nents thereof, listed by Armed Force. 
(2) The number of suicides, attempted suicides, 
or suicidal ideation identified under paragraph (1) 
that occurred during each of the following periods: 
(A) The first 180 days of the member serv-
ing in the Armed Forces. 
(B) The period in which the member is de-
ployed in support of a contingency operation. 
(3) With respect to the number of suicides, at-
tempted suicides, or suicidal ideation identified under 
paragraph (2)(A), the initial recruit training location 
of the member. 
(4) The number of suicides involving a depend-
ent of a member. 
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(5) A description of any research collaborations 
and data sharing by the Department of Defense with 
the Department of Veterans Affairs, other departments 
or agencies of the Federal Government, academic in-
stitutions, or nongovernmental organizations. 
(6) Identification of a research agenda for the 
Department of Defense to improve the evidence base 
on effective suicide prevention treatment and risk 
communication. 
(7) A description of the effectiveness of the poli-
cies developed pursuant to section 567 of the Carl 
Levin and Howard P. ‘‘Buck’’ McKeon National De-
fense Authorization Act for Fiscal Year 2015 (Public 
Law 113–291; 10 U.S.C. 1071 note) and section 582 
of the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 10 U.S.C. 1071 
note), including with respect to— 
(A) metrics identifying effective treatment 
modalities for members of the Armed Forces who 
are at risk for suicide (including any clinical 
interventions involving early identification and 
treatment of such members); 
(B) metrics for the rate of integration of 
mental health screenings and suicide risk and 
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prevention for members during the delivery of 
primary care for such members; 
(C) metrics relating to the effectiveness of 
suicide prevention and resilience programs and 
preventative behavioral health programs of the 
Department of Defense (including those of the 
military departments and the Armed Forces); 
and 
(D) metrics evaluating the training stand-
ards for behavioral health care providers to en-
sure that such providers have received training 
on clinical best practices and evidence-based 
treatments. 
SEC. 726. STUDY ON MILITARY-CIVILIAN INTEGRATED 
HEALTH DELIVERY SYSTEMS. 
(a) STUDY.—The Secretary of Defense shall conduct a 
study on the use of local integrated military-civilian inte-
grated health delivery systems pursuant to section 706 of 
the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 10 U.S.C. 1096 note). The 
study shall examine the following: 
(1) Geographic locations where military medical 
treatment facilities have existing contractual relation-
ships with local civilian health care networks, includ-
ing Fort Drum, New York, Joint Base McGuire-Dix- 
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Lakehurst, New Jersey, Joint Base Lewis-McCord, 
Washington, Fort Leonard Wood, Missouri, Elmen-
dorf Air Force Base, Alaska, Fort Sill, Oklahoma, 
Tripler Army Medical Center, Hawaii, the National 
Capital Region, and similar locations. 
(2) Health care activities that promote value- 
based care, measurable health outcomes, patient safe-
ty, timeliness of referrals, and transparent commu-
nication with covered beneficiaries. 
(3) Locations where health care providers of the 
Department of Defense may be able to attain critical 
wartime readiness skills in a local integrated mili-
tary-civilian integrated health delivery system. 
(4) The cost of providing care under an inte-
grated military-civilian integrated health delivery 
system as compared to health care provided by a 
managed care support contractor. 
(b) SUBMISSION.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
House of Representatives and the Senate a report on the 
results of the study under subsection (a). 
(c) DEFINITIONS.—In this section: 
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(1) The term ‘‘covered beneficiaries’’ has the 
meaning given that term in section 1072 of title 10, 
United States Code. 
(2) The term ‘‘National Capital Region’’ has the 
meaning given that term in section 2674 of title 10, 
United States Code. 
SEC. 727. STUDY ON CASE MANAGEMENT AT MILITARY MED-
ICAL TREATMENT FACILITIES. 
(a) STUDY.—The Secretary of Defense shall conduct a 
study on the effectiveness of case management practices at 
military medical treatment facilities. The study shall in-
clude the following: 
(1) A standardized definition of case manage-
ment. 
(2) An evaluation of case management practices 
provided by the military departments before and dur-
ing the transition of the administration of military 
medical treatment facilities to the Defense Health 
Agency pursuant to section 1073c of title 10, United 
States Code. 
(3) A discussion of the metrics involved with de-
termining the effectiveness of case management and 
the cost of case management. 
(4) A review of case management best practices 
in the private sector, including with respect to— 
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(A) the intervals at which patients should 
be contacted; 
(B) the role of the case manager in coordi-
nation; 
(C) the approximate number of patients 
managed by a case manager; and 
(D) any other best practices relating to case 
management that would improve the experience 
of care within the military health system. 
(5) The results of a discussion with covered bene-
ficiaries (as defined in section 1072 of title 10, 
United States Code) in a public forum on case man-
agement in military medical treatment facilities ad-
ministered by the Defense Health Agency. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a report on the results 
of the study under subsection (a). 
SEC. 728. STUDY ON INFERTILITY AMONG MEMBERS OF THE 
ARMED FORCES. 
(a) STUDY.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a study on the incidence 
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of infertility among members of the Armed Forces, includ-
ing the reserve components thereof. 
(b) MATTERS INCLUDED.—The study shall include the 
following: 
(1) The number of members of the Armed Forces 
serving as of the date of the study who are diagnosed 
with common causes of infertility, such as polycystic 
ovary syndrome, pelvic inflammatory disease, uterine 
fibroids, endometriosis, sexually transmitted disease, 
testicular disorders, and male endocrine disorders. 
(2) The number of members serving as of the 
date of the study whose infertility has no known 
cause. 
(3) The incidence of miscarriage among women 
members, listed by Armed Force and military occupa-
tion. 
(4) A comparison of the rates of infertility and 
miscarriage in the Armed Forces to such rates in the 
civilian population, as reported by the Centers for 
Disease Control and Prevention. 
(5) Demographic information of the members de-
scribed in paragraphs (1), (2), and (3), include with 
respect to race, ethnicity, sex, age, military occupa-
tion, and possible exposures during military service to 
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hazardous elements such as chemical and biologic 
agents. 
(6) An assessment of the ease or delay for mem-
bers in obtaining treatment for infertility, including 
in vitro fertilization, including— 
(A) the wait times at each military medical 
treatment facility that has community partner-
ships to provide in vitro fertilization; 
(B) the number of members described in 
paragraph (1) who are candidates for in vitro 
fertilization or other infertility treatments but 
cannot obtain such treatments because of the lo-
cation at which the member is stationed or the 
duties of the member; and 
(C) a discussion of the reasons members 
cease seeking such treatments through the mili-
tary health system. 
(7) Criteria used by the Secretary to determine 
service connection for infertility, including whether 
screenings for levels of toxins are undertaken when the 
cause of infertility cannot be determined. 
(8) The policy of the Department of Defense, as 
of the date of the study, for ensuring geographic sta-
bility during treatment of women members under-
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going in vitro fertilization for either service-connected 
or non-service-connected infertility. 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. ESTABLISHMENT OF ACQUISITION PATHWAYS 
FOR SOFTWARE APPLICATIONS AND SOFT-
WARE UPGRADES. 
(a) GUIDANCE REQUIRED.—Not later than March 1, 
2020, the Secretary of Defense shall establish guidance au-
thorizing the use of acquisition pathways described in sub-
section (b) for the rapid acquisition of software applications 
and software upgrades that are intended to be fielded within 
one year. A contract awarded under this section— 
(1) shall be in an amount equal to or less than 
$50,000,000; and 
(2) may be entered into for a period of not more 
than one year. 
(b) SOFTWARE ACQUISITION PATHWAYS.—The guid-
ance required by subsection (a) shall provide for the use 
of the following two acquisition pathways: 
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(1) APPLICATIONS.—The applications pathway 
shall provide for the use of rapid development and 
implementation of software applications to be used 
with commercially available hardware. 
(2) UPGRADES.—The upgrades pathway shall 
provide for the rapid development and insertion of 
software upgrades for embedded weapon systems or 
another hardware system solely used by the Depart-
ment of Defense. 
(c) GENERAL
REQUIREMENTS.—The guidance re-
quired by subsection (a) shall provide for— 
(1) the use of proven technologies and solutions 
to continuously engineer, update, and deliver capa-
bilities in software; and 
(2) a streamlined and coordinated requirements, 
budget, and acquisition process that results in the 
rapid fielding of software applications and software 
upgrades. 
(d) EXPEDITED PROCESS.— 
(1) IN
GENERAL.—An acquisition conducted 
under the guidance required by subsection (a) shall 
not be subject to the Joint Capabilities Integration 
and Development System Manual and Department of 
Defense Directive 5000.01, except to the extent specifi-
cally provided in such guidance. 
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(2) REQUIREMENTS PROCESS.—The guidance re-
quired by subsection (a) shall provide that the re-
quirements for acquisition of software applications 
and software upgrades— 
(A) are developed, refined, and prioritized 
on an iterative basis through continuous partici-
pation and collaboration by users, testers, and 
requirements authorities; 
(B) include an identification of the need 
for, and users of, the software to be acquired and 
a rationale for how the software will support in-
creased efficiency of the Department of Defense; 
(C) are stated in the form of a summary- 
level list of vulnerabilities in existing software 
systems and desired features or capabilities of 
the software to be acquired; and 
(D) consider issues related to lifecycle costs, 
systems interoperability, and logistics support if 
the developer of the software to be acquired stops 
providing support. 
(4) EXECUTION OF RAPID ACQUISITIONS.—The 
Secretary shall ensure that— 
(A) an acquisition conducted under the 
guidance required by subsection (a) is supported 
by an entity capable of regular automated test-
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ing of the source code of the software to be ac-
quired and that such entity is authorized to buy 
storage, bandwidth, and computing capability as 
necessary; 
(B) the Department of Defense can collect 
and analyze the testing data described in sub-
paragraph (A) to make decisions regarding soft-
ware acquisition and oversight; 
(C) the Director of Operational Test and 
Evaluation and the project manager appointed 
under paragraph (5) design test cases to ensure 
that the entity described in subparagraph (A) 
can test the software to be acquired to ensure 
such software meets the requirements of the con-
tract; 
(D) the project manager appointed under 
paragraph (5) closely monitors the progress of an 
acquisition conducted under the guidance re-
quired by subsection (a); 
(E) an independent cost estimate is con-
ducted that considers— 
(i) the iterative process of the develop-
ment of the software to be acquired; and 
(ii) the long-term value of the software 
to be acquired to the Department of Defense, 
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not based on the value of individual lines of 
source code of the software; 
(F) the performance of fielded versions of 
the software to be acquired are demonstrated and 
evaluated in an operational environment; and 
(G) performance metrics of the software to 
be acquired, such as metrics relating to when the 
software can be fielded, delivery capabilities of 
the software (including speed of recovery from 
outages and cybersecurity vulnerabilities), and 
assessments and estimations of the size and com-
plexity of such software, are automatically gen-
erated on a continuous basis and made available 
to the Department of Defense and the congres-
sional defense committees. 
(5) ADMINISTRATION OF SOFTWARE ACQUISITION 
PATHWAYS.—The guidance required by subsection (a) 
may provide for the use of any of the following 
streamlined procedures: 
(A) The service acquisition executive of the 
military department concerned shall appoint a 
project manager for each acquisition of software 
applications and software upgrades, as deter-
mined by the service acquisition executive. Such 
project manager shall be appointed from among 
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civilian employees or members of the Armed 
Forces who have significant and relevant experi-
ence in current software processes. 
(B) Each project manager shall report with 
respect to such acquisition directly, and without 
intervening review or approval, to the service ac-
quisition executive of the military department 
concerned. 
(C) The service acquisition executive of the 
military department concerned shall evaluate the 
job performance of such manager on an annual 
basis. In conducting an evaluation under this 
paragraph, a service acquisition executive shall 
consider the extent to which the manager has 
achieved the objectives of the acquisition for 
which the manager is responsible, including 
quality, timeliness, and cost objectives. 
(D) The project manager shall be authorized 
staff positions for a technical staff, including ex-
perts in software engineering to enable the man-
ager to manage the acquisition without the tech-
nical assistance of another organizational unit of 
an agency to the maximum extent practicable. 
(E) The project manager shall be author-
ized, in coordination with the users and testers 
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of the software to be acquired, to make tradeoffs 
among lifecycle costs, requirements, and sched-
ules to meet the goals of the acquisition. 
(F) The service acquisition executive or the 
Under Secretary of Defense for Acquisition and 
Sustainment, as applicable, shall serve as the de-
cision authority for the acquisition. 
(G) The project manager of a defense 
streamlined acquisition shall be provided a proc-
ess to expeditiously seek a waiver from Congress 
from any statutory or regulatory requirement 
that the project manager determines adds little 
or no value to the management of the acquisi-
tion. 
(e) CONTRACT TERMS.— 
(1) IN GENERAL.—A contract entered into pur-
suant to the guidance required by subsection (a)— 
(A) may be awarded within a 90-day pe-
riod after solicitation on the basis of— 
(i) statements of qualifications and 
past 
performance 
data 
submitted 
by 
offerors; and 
(ii) discussions with two or more 
qualified offerors without regard to price; 
(B) may be a time-and-materials contract; 
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(C) shall be treated as a contract for the ac-
quisition of commercial services (as defined in 
section 103a of title 41, United States Code, as 
in effect on January 1, 2020); 
(D) shall identify the individuals to per-
form the work of the contract, and such individ-
uals may not be replaced without the advance 
written consent of the contracting officer; and 
(E) may allow for a contractor performing 
the work of the contract to review existing soft-
ware in consultation with the user community 
and incorporate user feedback to— 
(i) define and prioritize software re-
quirements; and 
(ii) design and implement new soft-
ware applications and software upgrades. 
(2) OPTIONS.—A contract entered into pursuant 
to the guidance required by subsection (a) may con-
tain an option to extend the contract once, for a pe-
riod not to exceed one year, to complete the implemen-
tation of one or more specified software applications 
and software upgrades identified during the period of 
the initial contract. Such an option may not be in an 
amount greater than $100,000,000 and— 
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(A) if the option is a time-and-materials 
contract, it shall be treated as a contract for the 
acquisition of commercial services (as defined in 
section 103a of title 41, United States Code); and 
(B) if the option is a fixed-price contract, 
it shall be treated as a contract for the acquisi-
tion of commercial products (as defined in sec-
tion 103 of title 41, United States Code). 
(f) RULE OF CONSTRUCTION.—Nothing in this section 
shall be deemed to prevent the use of other methods of acqui-
sition to procure software applications and upgrades. 
(g) CONFORMING AMENDMENT.—Section 2430(a)(2) of 
title 10, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) an acquisition program for software 
applications and software upgrades carried out 
using the acquisition guidance issued pursuant 
to section 801 of the National Defense Authoriza-
tion Act for Fiscal Year 2020.’’. 
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SEC. 802. SOFTWARE DEVELOPMENT AND SOFTWARE AC-
QUISITION 
TRAINING 
AND 
MANAGEMENT 
PROGRAMS. 
(a) ESTABLISHMENT
OF SOFTWARE DEVELOPMENT 
AND SOFTWARE ACQUISITION TRAINING AND MANAGEMENT 
PROGRAMS.— 
(1) IN GENERAL.—The Secretary of Defense, act-
ing through the Under Secretary of Defense for Acqui-
sition and Sustainment and in consultation with the 
Under Secretary of Defense for Research and Engi-
neering and the Chief Information Officer of the De-
partment of Defense, shall establish software develop-
ment and software acquisition training and manage-
ment programs for all software acquisition profes-
sionals, software developers, and other appropriate in-
dividuals, as determined by the Secretary of Defense 
to earn a certification in software development and 
software acquisition. 
(2) PROGRAM CONTENTS.—The programs estab-
lished under paragraph (1) shall— 
(A) develop and expand the use of special-
ized training programs for chief information of-
ficers of the military departments and the De-
fense Agencies, service acquisition executives, 
program executive officers, and program man-
agers to include training on and experience in— 
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(i) continuous software development; 
and 
(ii) acquisition pathways available to 
acquire software; 
(B) ensure program managers for major de-
fense acquisition programs, defense business sys-
tems, and other software programs of the Depart-
ment of Defense— 
(i) have demonstrated competency in 
current software processes; 
(ii) have the skills to lead a workforce 
that can quickly meet challenges, use soft-
ware tools that prioritize continuous or fre-
quent upgrades as such tools become avail-
able, take up opportunities provided by new 
innovations, and plan software activities in 
short iterations to learn from risks of soft-
ware testing; and 
(iii) have the experience and training 
to delegate technical oversight and execution 
decisions; and 
(C) include continuing education courses 
and experiential training to help individuals 
maintain skills learned through the programs. 
(b) REPORTS.— 
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(1) REPORTS REQUIRED.—The Secretary shall 
submit to the congressional defense committees— 
(A) not later than 90 days after the date of 
the enactment of this Act, an initial report; and 
(B) not later than one year after the date 
of the enactment of this Act, a final report. 
(2) CONTENTS.—Each report required under 
paragraph (1) shall include— 
(A) the status of implementing the software 
development and software acquisition training 
and management programs established under 
subsection (a)(1); 
(B) a description of the requirements for 
certification, including the requirements for com-
petencies in current software processes; 
(C) a description of potential career paths 
in software development and software acquisition 
within the Department of Defense; 
(D) an independent assessment conducted 
by the Defense Innovation Board of the progress 
made on implementing the programs established 
under subsection (a)(1); and 
(E) any recommendations for changes to ex-
isting law to facilitate the implementation of the 
programs established under subsection (a)(1). 
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‘‘(D) If the head of contracting activity deter-
mines, based on market research, that a commercial 
item will be solely procured by the Department of De-
fense, the offeror of such commercial product shall 
provide cost or pricing data to the contracting officer 
pursuant to subsection (a).’’. 
(2) CONFORMING AMENDMENT.—Effective Janu-
ary 1, 2020, subparagraph (D) of section 2306a(b)(4) 
of title 10, United States Code, as added by para-
graph (1), is amended by striking ‘‘commercial item’’ 
and inserting ‘‘commercial product’’. 
(b) DATA OTHER THAN CERTIFIED COST OR PRICING 
DATA FOR SOLE SOURCE CONTRACT AWARDS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall revise the Defense Supplement to the 
Federal Acquisition Regulation to require an offeror 
for a sole source contract, subcontract, or modification 
of a sole source contract or subcontract, to submit to 
the contracting officer data other than certified cost or 
pricing data under section 2306a(d) of title 10, 
United States Code, for purposes of determining the 
reasonableness of the price of the contract, sub-
contract, or modification of the contract or sub-
contract. 
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(2) PENALTY.—With respect to an offeror that 
fails to comply with the requirements established 
under paragraph (1), the Secretary of Defense may— 
(A) suspend or debar such offeror; or 
(B) include a notation on such offeror in 
the system used by the Federal Government to 
monitor or record contractor past performance. 
(c) SHOULD-COST ANALYSIS FOR COMMERCIAL PROD-
UCT PROCUREMENTS.—The Director of the Defense Con-
tract Management Agency shall identify which commercial 
products (as defined in section 103 of title 41, United States 
Code, as in effect on January 1, 2020) should be analyzed 
under the should-cost review process before the Secretary of 
Defense enters into a contract to procure such a commercial 
product. 
(d) GUIDELINES AND RESOURCES ON THE ACQUISI-
TION OR LICENSING OF INTELLECTUAL PROPERTY.—Sec-
tion 2322 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(c) GUIDELINES AND RESOURCES.— 
‘‘(1) IN
GENERAL.—The Secretary of Defense, 
acting through the Under Secretary of Defense for Ac-
quisition and Sustainment, shall develop guidelines 
and resources on the acquisition or licensing of intel-
lectual property, including— 
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‘‘(A) model forms for specially negotiated li-
censes described under section 2320(f) (as appro-
priate); and 
‘‘(B) an identification of definitions, key 
terms, examples, and case studies that resolve 
ambiguities in the differences between— 
‘‘(i) detailed manufacturing and proc-
ess data; 
‘‘(ii) form, fit, and function data; and 
‘‘(iii) data required for operations, 
maintenance, installation, and training. 
‘‘(2) CONSULTATION.—In developing the guide-
lines and resources described in paragraph (1), the 
Secretary shall regularly consult with appropriate 
stakeholders, including large and small businesses, 
traditional and non-traditional contractors (includ-
ing subcontractors), and maintenance repair organi-
zations.’’. 
SEC. 804. MODIFICATIONS TO COST OR PRICING DATA ON 
BELOW-THRESHOLD CONTRACTS. 
(a) BELOW-THRESHOLD CIVILIAN CONTRACTS.—Sec-
tion 3504 of title 41, United States Code is amended— 
(1) by striking ‘‘head of the procuring activity’’ 
each place it appears and inserting ‘‘contracting offi-
cer’’; 
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(2) in subsection (b), by striking ‘‘or (2)’’; and 
(3) by striking subsection (c). 
(b) BELOW-THRESHOLD DEFENSE CONTRACTS.—Sec-
tion 2306a(c) of title 10, United States Code, is amended— 
(1) by striking ‘‘head of the procuring activity’’ 
each place it appears and inserting ‘‘contracting offi-
cer’’; 
(2) in paragraph (2), by striking ‘‘or (B)’’; and 
(3) by striking paragraph (3). 
SEC. 805. COMPTROLLER GENERAL REPORT ON PRICE REA-
SONABLENESS. 
Not later than March 31, 2021, the Comptroller Gen-
eral of the United States shall submit to the congressional 
defense committees, the Committee on Oversight and Reform 
of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the Senate 
a report on the efforts of the Secretary of Defense to secure 
data relating to the price reasonableness of offers from 
offerors. The report shall include a review of— 
(1) the number of, and justification for, any 
waiver of requirements for submission of certified cost 
or pricing data for sole source contracts for spare 
parts issued during fiscal years 2015 through 2019 
pursuant to section 2306a(b)(1)(C) of title 10, United 
States Code; 
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(2) the number of, and justification for, any ex-
ception to the requirements for submission of certified 
cost or pricing data for sole source contracts for spare 
parts provided during fiscal years 2015 through 2019 
pursuant to section 2306a(b)(1)(B) of title 10, United 
States Code; 
(3) the number of contracts awarded for which a 
request for cost or pricing data, including data other 
than certified cost or pricing data, to determine price 
reasonableness was denied by an offeror at the time 
of award; 
(4) actions taken by the Secretary if an offeror 
refused to provide request data described in para-
graph (2), including— 
(A) whether the contracting officer included 
a notation in the system used by the Federal 
Government to monitor or record contractor past 
performance regarding the refusal of an offeror 
to provide such data; 
(B) any strategies developed by the Sec-
retary to acquire the good that was the subject 
of a contract for which the offeror refused to pro-
vide such data in the future without the need for 
such a waiver. 
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SEC. 806. REQUIREMENT THAT CERTAIN SHIP COMPO-
NENTS 
BE 
MANUFACTURED 
IN 
THE 
NA-
TIONAL 
TECHNOLOGY 
AND 
INDUSTRIAL 
BASE. 
(a) ADDITIONAL PROCUREMENT LIMITATION.—Section 
2534(a) of title 10, United States Code, is amended by add-
ing at the end the following new paragraph: 
‘‘(6) COMPONENTS FOR AUXILIARY SHIPS.—Sub-
ject to subsection (k), the following components: 
‘‘(A) 
Auxiliary 
equipment, 
including 
pumps, for all shipboard services. 
‘‘(B) Propulsion system components, includ-
ing engines, reduction gears, and propellers. 
‘‘(C) Shipboard cranes. 
‘‘(D) Spreaders for shipboard cranes.’’. 
(b) IMPLEMENTATION.—Such section is further amend-
ed by adding at the end the following new subsection: 
‘‘(k) IMPLEMENTATION OF AUXILIARY SHIP COMPO-
NENT LIMITATION.—Subsection (a)(6) applies only with re-
spect to contracts awarded by the Secretary of a military 
department for new construction of an auxiliary ship after 
the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2020 using funds available for Na-
tional Defense Sealift Fund programs or Shipbuilding and 
Conversion, Navy. For purposes of this subsection, the term 
‘auxiliary ship’ does not include an icebreaker.’’. 
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SEC. 807. ACQUISITION AND DISPOSAL OF CERTAIN RARE 
EARTH MATERIALS. 
(a) GUIDANCE
ON STREAMLINED ACQUISITION
OF 
COVERED RARE EARTH MATERIALS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Under Sec-
retary of Defense for Acquisition and Sustainment, in 
consultation with the Under Secretary of Defense 
(Comptroller), the Vice Chairman of the Joint Chiefs 
of Staff, and the appropriate Under Secretary of 
State designated by the Secretary of State shall estab-
lish guidance to— 
(A) enable the acquisition of items con-
taining rare earth materials; and 
(B) establish a secure supply chain for rare 
earth materials from sources within the United 
States and covered foreign sources. 
(2) CONTENTS.—The guidance required by para-
graph (1) shall encourage the use of rare earth mate-
rials mined, refined, processed, melted, or sintered in 
the United States and include— 
(A) a determination of when best value con-
tracting methods should be used to ensure the vi-
ability of a rare earth material supplier; 
(B) a guide to the applicability of relevant 
statutes, including sections 2533b and 2533c of 
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title 10, United States Code, and other statutory 
or regulatory restrictions to defense contracts 
and subcontracts; 
(C) information on current sources within 
the United States and covered foreign sources of 
rare earth materials along with commonly used 
commercial documentation and review processes; 
(D) directives on budgeting and expending 
funds for the qualification and certification of 
suppliers of rare earth materials within the 
United States to meet national security needs; 
and 
(E) any exceptions to the Joint Capabilities 
Integration and Development System Manual 
and Department of Defense Directive 5000.01. 
(3) REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Under Secretary 
of Defense for Acquisition and Sustainment, in con-
sultation with the appropriate Under Secretary of 
State designated by the Secretary of State, shall sub-
mit to the congressional defense committees, the Com-
mittee on Foreign Affairs of the House of Representa-
tives, and the Committee on Foreign Relations of the 
Senate a report on— 
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(A) the guidance required by paragraph (1); 
and 
(B) the efforts of the Secretary of Defense to 
create and maintain secure supply chain for 
rare earth materials from sources within the 
United States and covered foreign sources. 
(4) DEFINITIONS.—In this subsection: 
(A) COVERED FOREIGN SOURCE.—The term 
‘‘covered foreign source’’ means a source located 
in a foreign country that is not an adversary of 
the United States, as determined by the Sec-
retary of Defense. 
(B) RARE
EARTH
MATERIAL.—The term 
‘‘rare earth material’’ means a concentrate, 
oxide, carbonate, fluoride, metal, alloy, magnet, 
or finished product whose chemical, magnetic, or 
nuclear properties are largely defined by the 
presence of— 
(i) yttrium; 
(ii) scandium; or 
(iii) any lanthanide series element. 
(b) AUTHORITY TO DISPOSE OF AND ACQUIRE MATE-
RIALS FOR THE NATIONAL DEFENSE STOCKPILE.— 
(1) DISPOSAL AUTHORITY.—Pursuant to section 
5(b) of the Strategic and Critical Materials Stock Pil-
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ing Act (50 U.S.C. 98d(b)), the National Defense 
Stockpile Manager shall dispose of 3,000,000 pounds 
of tungsten ores and concentrates contained in the 
National Defense Stockpile (in addition to any 
amount previously authorized for disposal). 
(2) ACQUISITION AUTHORITY.— 
(A) AUTHORITY.—Using funds available in 
the National Defense Stockpile Transaction 
Fund, the National Defense Stockpile Manager 
may acquire the following materials determined 
to be strategic and critical materials required to 
meet the defense, industrial, and essential civil-
ian needs of the United States: 
(i) Aerospace-grade rayon. 
(ii) Electrolytic manganese metal. 
(iii) Pitch-based carbon fiber. 
(iv) Rare earth cerium compounds. 
(v) Rare earth lanthanum compounds. 
(B) AMOUNT OF AUTHORITY.—The National 
Defense Stockpile Manager may use up to 
$37,420,000 in the National Defense Stockpile 
Transaction Fund for acquisition of the mate-
rials specified in subsection (b). 
(C) FISCAL YEAR LIMITATION.—The author-
ity under subsection (b) is available for pur-
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chases during fiscal year 2020 through fiscal 
year 2024. 
(c) NATIONAL DEFENSE STOCKPILE SALES.— 
(1) SENSE
OF
CONGRESS.—It is the sense of 
Congress that tantalum should be designated as a 
strategic and critical material under the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 
98 et seq.), required to meet the defense, industrial, 
and essential civilian needs of the United States. 
(2) NATIONAL
DEFENSE
STOCKPILE
SALES
OF 
TANTALUM.—Section 2533c(d)(1) of title 10, United 
States code, is amended— 
(A) in subparagraph (C), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) adding at the end the following new 
subparagraph: 
‘‘(E) tantalum.’’. 
(3) PROHIBITION ON SALES OF MATERIALS.— 
Section 2533c(a)(2) of title 10, United States Code, is 
amended by striking ‘‘covered’’ before ‘‘material’’. 
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SEC. 808. PROHIBITION ON ACQUISITION OF TANTALUM 
FROM NON-ALLIED FOREIGN NATIONS. 
Subsection (d)(1) of section 2533c of title 10, United 
States Code, is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) tantalum.’’. 
SEC. 809. APPLICATION OF MISCELLANEOUS TECHNOLOGY 
BASE POLICIES AND PROGRAMS TO THE CO-
LUMBIA-CLASS SUBMARINE PROGRAM. 
Notwithstanding subchapter V of chapter 148 of title 
10, United States Code (except for sections 2534, 2533a, 
and 2533b of such title), for a period of one year beginning 
on the date of the enactment of this Act, the milestone deci-
sion authority (as defined in section 2366a of title 10, 
United States Code) for the Columbia-class submarine pro-
gram shall ensure that such program maintains the sched-
ule approved under the Milestone B approval (as defined 
in such section). 
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SEC. 810. APPLICATION OF LIMITATION ON PROCUREMENT 
OF GOODS OTHER THAN UNITED STATES 
GOODS TO THE FFG–FRIGATE PROGRAM. 
Notwithstanding any other provision of law, amounts 
authorized to carry out the FFG–Frigate Program may be 
used to award a new contract that provides for the acquisi-
tion of the following components regardless of whether those 
components are manufactured in the United States: 
(1) Auxiliary equipment (including pumps) for 
shipboard services. 
(2) Propulsion equipment (including engines, re-
duction gears, and propellers). 
(3) Shipboard cranes. 
(4) Spreaders for shipboard cranes. 
SEC. 811. CONSIDERATION OF PRICE IN PROCUREMENT OF 
THE FFG(X) FRIGATE. 
In evaluating proposals for a contract to procure a 
FFG(X) frigate, the Secretary of the Navy shall ensure price 
is a critical evaluation factor set forth in the request for 
proposal (solicitation number N0002419R2300) for the pro-
curement of the frigate. 
SEC. 812. REPEAL OF CONTINUATION OF DATA RIGHTS 
DURING CHALLENGES. 
(a) REPEAL.—Section 866 of the John S. McCain Na-
tional Defense Authorization Act for Fiscal Year 2019 (Pub-
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lic Law 115–232; 132 Stat. 1901; 10 U.S.C. 2321) is re-
pealed. 
(b) RESTORATION
OF AMENDED PROVISION.—Sub-
section (i) of section 2321 of title 10, United States Code, 
is amended to read as follows: 
‘‘(i) RIGHTS AND LIABILITY UPON FINAL DISPOSI-
TION.—(1) If, upon final disposition, the contracting offi-
cer’s challenge to the use or release restriction is sustained— 
‘‘(A) the restriction shall be cancelled; and 
‘‘(B) if the asserted restriction is found not to be 
substantially justified, the contractor or subcontractor 
asserting the restriction shall be liable to the United 
States for payment of the cost to the United States of 
reviewing the asserted restriction and the fees and 
other expenses (as defined in section 2412(d)(2)(A) of 
title 28) incurred by the United States in challenging 
the asserted restriction, unless special circumstances 
would make such payment unjust. 
‘‘(2) If, upon final disposition, the contracting officer’s 
challenge to the use or release restriction is not sustained— 
‘‘(A) the United States shall continue to be 
bound by the restriction; and 
‘‘(B) the United States shall be liable for pay-
ment to the party asserting the restriction for fees and 
other expenses (as defined in section 2412(d)(2)(A) of 
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title 28) incurred by the party asserting the restric-
tion in defending the asserted restriction if the chal-
lenge by the United States is found not to be made 
in good faith.’’. 
SEC. 813. REPEAL OF AUTHORITY TO WAIVE ACQUISITION 
LAWS TO ACQUIRE VITAL NATIONAL SECU-
RITY CAPABILITIES. 
Section 806 of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 
note) is repealed. 
SEC. 814. REPEAL OF TRANSFER OF FUNDS RELATED TO 
COST OVERRUNS AND COST UNDERRUNS. 
(a) IN GENERAL.—Section 828 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 10 U.S.C. 2430 note) is repealed. 
(b) CONFORMING AMENDMENT.—Section 825 of the 
National Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91; 131 Stat. 1466) is amended— 
(1) by repealing subsection (b); and 
(2) by striking ‘‘(a) IN GENERAL.—’’. 
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Subtitle B—Amendments to General 
Contracting Authorities, Proce-
dures, and Limitations 
SEC. 821. MODIFICATIONS TO THE MIDDLE TIER OF ACQUI-
SITION PROGRAMS. 
(a) ACCESS TO TECHNICAL DATA, RECORDS, AND IN-
FORMATION.—Section 804 of the National Defense Author-
ization Act for Fiscal Year 2016 (Public Law 114–92; 10 
U.S.C. 2302 note) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) ACCESS TO TECHNICAL DATA, RECORDS, AND IN-
FORMATION.—The Secretary of Defense shall develop a 
process to provide the Director of Operational Test and 
Evaluation, the Director of Cost Assessment and Program 
Evaluation, and the Under Secretary of Defense for Re-
search and Engineering access to all technical data, records, 
and information necessary to evaluate the technological ma-
turity, operational effectiveness, and operational suitability 
of products and technologies proposed to be acquired under 
the guidance required by subsection (a).’’. 
(b) DOLLAR THRESHOLD
FOR ACQUISITION PRO-
GRAMS.—Subsection (a) of such section is amended— 
(1) by striking ‘‘Not later than’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Not later than’’; 
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(2) in paragraph (1), as so designated, by strik-
ing ‘‘acquisition programs that are intended to be 
completed in a period of two to five years.’’ and in-
serting the following: ‘‘acquisition programs— 
‘‘(A) with an eventual total expenditure for 
research, development, test, and evaluation or an 
eventual total expenditure for procurement that 
is less than those expenditures described in sec-
tion 2430(a)(1)(B) of this title; and 
‘‘(B) that are intended to be completed in a 
period of two to five years.’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(2) WAIVER.—The Secretary of Defense may 
waive the requirements of subparagraph (A) of para-
graph (1), and may not delegate the authority to 
make such a waiver.’’. 
SEC. 822. BRIEFING RELATING TO THE ‘‘MIDDLE TIER’’ OF 
ACQUISITION PROGRAMS. 
(a) IN GENERAL.—Not later than December 1, 2019, 
the Secretary of Defense shall provide a briefing to the con-
gressional defense committees on lessons learned and best 
practices identified through the use of the ‘‘middle tier’’ of 
acquisition programs described under section 804 of the Na-
tional Defense Authorization Act for Fiscal Year 2016 (Pub-
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lic Law 114–92; 10 U.S.C. 2302 note). The briefing shall 
be accompanied by a written analysis— 
(1) identifying which lessons learned can be ap-
plied to— 
(A) ‘‘middle tier’’ acquisition programs; 
and 
(B) any major defense acquisition program 
(as defined under section 2430 of title 10, United 
States Code); 
(2) describing the extent to which covered risk 
should be a factor in determining which acquisition 
authority to use, including— 
(A) an acquisition pathway as described 
under subsection (b) of section 804 of the Na-
tional Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 10 U.S.C. 2302 note); 
(B) the authority described under section 
2371b of title 10, United States Code; 
(C) acquisition authority relating to urgent 
operational needs; 
(D) a traditional acquisition process; or 
(E) any other acquisition authority, as de-
termined by the Secretary; 
(3) describing whether any requirements applica-
ble to major defense acquisition programs should be 
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applicable to ‘‘middle tier’’ acquisition programs 
under such section; and 
(4) recommending amendments or revisions (as 
applicable) to law or regulation, and including avail-
able data to support such recommendations. 
(b) COVERED RISK DEFINED.—In this section, the 
term ‘‘covered risk’’ shall have the meaning given by the 
Secretary of Defense, and shall include a consideration of 
cost, schedule, performance, risk to operational success. 
SEC. 823. RATES FOR PROGRESS PAYMENTS OR PERFORM-
ANCE-BASED PAYMENTS. 
(a) CONSISTENCY IN ESTABLISHMENT OF RATES FOR 
PROGRESS
PAYMENTS
OR
PERFORMANCE-BASED
PAY-
MENTS.—Section 2307(a) of title 10, United States Code, 
is amended by inserting the following new paragraph: 
‘‘(3) Except as provided in subsection (g), the 
Secretary of Defense shall not establish a rate for 
progress payments or a rate for performance-based 
payments that is lower than the rate for progress pay-
ments or a rate for performance-based payments, as 
applicable, established by another head of an agen-
cy.’’. 
(b) PAYMENT AUTHORITY.—Section 2307(a)(1) of title 
10, United States Code, is amended in the matter preceding 
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subparagraph (A) by striking ‘‘The head of any agency 
may’’ and inserting ‘‘The head of an agency may—’’. 
(c) NOTICE OF REVISION TO RATES FOR PROGRESS 
PAYMENTS OR PERFORMANCE-BASED PAYMENTS.— 
(1) TO
CONGRESS.—The Secretary of Defense 
may not issue rules to revise the rate for progress 
payments or the rate for performance-based payments 
unless the Secretary provides the congressional defense 
committees with a notice of determination of need for 
such revision. This notice shall include— 
(A) a justification, including the data and 
analysis supporting the justification, for the re-
vision; and 
(B) an assessment of how the revision will 
create a more effective acquisition process and 
benefit the defense industrial base. 
(2) PUBLICATION.—The Secretary shall publish 
the notice required by paragraph (1) in the Federal 
Register not later than five business days after pro-
viding such notice to the congressional defense com-
mittees. 
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SEC. 824. ADDITIONAL REQUIREMENTS FOR NEGOTIATIONS 
FOR 
NONCOMMERCIAL 
COMPUTER 
SOFT-
WARE. 
Section 2322a of title 10, United States Code, is 
amended by adding at the end the following new sub-
sections: 
‘‘(c) RIGHTS TO NONCOMMERCIAL COMPUTER SOFT-
WARE.—As part of any negotiation for the acquisition of 
noncommercial computer software, the Secretary of Defense 
may not require a contractor to sell or otherwise relinquish 
to the Federal Government any rights to noncommercial 
computer software developed exclusively at private expense, 
except for rights related to— 
‘‘(1) corrections or changes to such software or 
related materials for such software furnished to the 
contractor by the Department of Defense; 
‘‘(2) such software or related materials for such 
software that is otherwise publicly available or that 
has been released or disclosed by the contractor or 
subcontractor without restrictions on further use, re-
lease, or disclosure, other than a release or disclosure 
resulting from the sale, transfer, or other assignment 
of interest in such software or related materials to an-
other party; 
‘‘(3) such software or related materials for such 
software obtained with unlimited rights under an-
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other contract with the Federal Government or as a 
result of such a negotiation; or 
‘‘(4) such software or related materials for such 
software furnished to the Department of Defense 
under a contract or subcontract that includes— 
‘‘(A) restricted rights in such software, lim-
ited rights in technical data, or government pur-
pose rights, where such restricted rights, limited 
rights, or government purpose rights have ex-
pired; or 
‘‘(B) government purpose rights, where the 
contractor’s exclusive right to use such software 
or related materials for commercial purposes has 
expired. 
‘‘(d) CONSIDERATION OF SPECIALLY NEGOTIATED LI-
CENSES.—The Secretary of Defense shall, to the maximum 
extent practicable, negotiate and enter into a contract with 
a contractor for a specially negotiated license for non-
commercial computer software or related materials for such 
software necessary to support the product support strategy 
of a major weapon system or subsystem of a major weapon 
system.’’. 
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SEC. 825. RESPONSIBILITY FOR DATA ANALYSIS AND RE-
QUIREMENTS 
VALIDATION 
FOR 
SERVICES 
CONTRACTS. 
Section 2329 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a), by inserting ‘‘, acting 
through the Under Secretary of Defense (Comptroller) 
and Director of Cost Assessment and Program Eval-
uation,’’ after ‘‘Secretary of Defense’’; 
(2) in subsection (b), in the matter preceding 
paragraph (1), by inserting ‘‘, acting through the 
Under Secretary of Defense (Comptroller) and Direc-
tor of Cost Assessment and Program Evaluation,’’ 
after ‘‘Secretary of Defense’’; and 
(3) in subsection (c)(2)(A), by inserting ‘‘, acting 
through the Under Secretary of Defense (Comptroller) 
and Director of Cost Assessment and Program Eval-
uation,’’ after ‘‘Secretary of Defense’’. 
SEC. 826. ANNUAL REPORTS ON AUTHORITY TO CARRY OUT 
CERTAIN PROTOTYPE PROJECTS. 
(a) IN GENERAL.—Section 2371b of title 10, United 
States Code, is amended by adding at the end the following 
new subsections: 
‘‘(i) DATA COLLECTION AND USE.—(1) The service ac-
quisition executive of each military department shall collect 
data on the use of the authority under this section by the 
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applicable military department, and the Under Secretary 
of Defense for Research and Engineering and the Under 
Secretary of Defense for Acquisition and Sustainment shall 
collect data on all other use of such authority by the Depart-
ment of Defense, including use by the Defense Agencies. 
‘‘(2) The Under Secretary of Defense for Acquisition 
and Sustainment shall— 
‘‘(A) maintain a database of information col-
lected under this section, which shall be made acces-
sible to any official designated by the Secretary of De-
fense; and 
‘‘(B) analyze such information to update policy 
and guidance related to the use of the authority under 
this section. 
‘‘(j) REPORT.—(1) Not later than December 31, 2019, 
and each December 31 thereafter the Secretary of Defense 
shall annually submit to the congressional defense commit-
tees a report covering the preceding fiscal year on the use 
of the authority under this section. Each report shall sum-
marize the data collected under subsection (i) on the nature 
and extent of each such use of the authority, including a 
description— 
‘‘(A) of the participants to an agreement entered 
into pursuant to the authority of subsection (a) or a 
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follow-on contract or transaction entered into pursu-
ant to the authority of subsection (f); 
‘‘(B) of the quantity of prototype projects to be 
produced pursuant to such an agreement, follow-on 
contract, or transaction; 
‘‘(C) of the amount of payments made pursuant 
to each such agreement, follow-on contract, or trans-
action; 
‘‘(D) of the purpose, description, and status of 
prototype projects carried out pursuant to each such 
agreement, follow-on contract, or transaction; and 
‘‘(E) including case examples, of the successes 
and challenges with using the authority of subsection 
(a) or (f). 
‘‘(2) A report required under this subsection shall be 
submitted in unclassified form without any designation re-
lating to dissemination control, but may contain a classi-
fied annex.’’. 
(b) CONFORMING AMENDMENT.—Section 873 of the 
John S. McCain National Defense Authorization Act for 
Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1905; 
10 U.S.C. 2371 note) is repealed. 
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SEC. 827. COMPETITION REQUIREMENTS FOR PURCHASES 
FROM FEDERAL PRISON INDUSTRIES. 
(a) COMPETITION REQUIREMENTS FOR PURCHASES 
FROM FEDERAL PRISON INDUSTRIES.—Subsections (a) 
and (b) of section 2410n of title 10, United States Code, 
are amended to read as follows: 
‘‘(a) MARKET RESEARCH.—Before purchasing a prod-
uct listed in the latest edition of the Federal Prison Indus-
tries catalog published under section 4124(d) of title 18, the 
Secretary of Defense shall conduct market research to deter-
mine whether such product— 
‘‘(1) is comparable to products available from the 
private sector; and 
‘‘(2) best meets the needs of the Department of 
Defense in terms of price, quality, and time of deliv-
ery. 
‘‘(b) COMPETITION REQUIREMENT.—If the Secretary 
determines that a Federal Prison Industries product is not 
comparable to products available from the private sector 
and does not best meet the needs of the Department of De-
fense in terms of price, quality, or time of delivery, the Sec-
retary shall use competitive procedures or make an indi-
vidual 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.’’. 
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(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 60 days after the date of the 
enactment of this Act. 
SEC. 828. ENHANCED POST-AWARD DEBRIEFING RIGHTS. 
Section 818(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91; 131 
Stat. 1463; 10 U.S.C. 2305 note) is amended by striking 
‘‘$100,000,000’’ each place it appears and inserting 
‘‘$50,000,000’’. 
SEC. 829. STANDARDIZING DATA COLLECTION AND RE-
PORTING ON USE OF SOURCE SELECTION 
PROCEDURES BY FEDERAL AGENCIES. 
(a) REPEAL OF GOVERNMENT ACCOUNTABILITY OF-
FICE REPORTING REQUIREMENTS
ON USE
OF LOWEST 
PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION 
CRITERIA.— 
(1) DEPARTMENT OF DEFENSE.—Section 813 of 
the National Defense Authorization Act for Fiscal 
Year 2017 (10 U.S.C. 2305 note) is amended by strik-
ing subsection (d). 
(2) OTHER AGENCIES.—Section 880 of the John 
S. McCain National Defense Authorization Act for 
Fiscal Year 2019 (Public Law 115–232; 132 Stat. 
1910; 41 U.S.C. 3701 note) is amended by striking 
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subsection (d) and redesignating subsection (e) as sub-
section (d). 
(b) REVISION TO THE FEDERAL PROCUREMENT DATA 
SYSTEM.—Not later than 180 days after the date of the en-
actment of this Act, the Administrator of General Services, 
in coordination with the Administrator for Federal Pro-
curement Policy, shall direct appropriate revisions to the 
Federal procurement data system established pursuant to 
section 1122(a)(4) of title 41, United States Code (or any 
successor system), to facilitate the collection of complete, 
timely, and reliable data on the source selection processes 
used by Federal agencies for the contract actions being re-
ported in the system. The Administrator of General Services 
shall ensure that data is collected— 
(1) at a minimum, on the usage of the lowest 
price technically acceptable contracting methods and 
best value contracting methods process; and 
(2) on all applicable contracting actions, includ-
ing task orders or delivery orders issued under indefi-
nite delivery-indefinite quantity contracts. 
SEC. 830. MODIFICATION OF JUSTIFICATION AND AP-
PROVAL REQUIREMENT FOR CERTAIN DE-
PARTMENT OF DEFENSE CONTRACTS. 
(a) MODIFICATION OF JUSTIFICATION AND APPROVAL 
REQUIREMENT.—Notwithstanding section 811 of the Na-
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tional Defense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 111–84; 123 Stat. 2405)— 
(1) no justification and approval is required 
under such section for a sole-source contract awarded 
by the Department of Defense in a covered procure-
ment for an amount not exceeding $100,000,000; and 
(2) for purposes of subsections (a)(2) and 
(c)(3)(A) of such section, the appropriate official des-
ignated to approve the justification for a sole-source 
contract awarded by the Department of Defense in a 
covered procurement exceeding $100,000,000 is the of-
ficial designated in section 2304(f)(1)(B)(ii) of title 
10, United States Code. 
(b) GUIDANCE.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
issue guidance to implement the authority under subsection 
(a). 
(c) COMPTROLLER GENERAL REVIEW.— 
(1) DATA TRACKING AND COLLECTION.—The De-
partment of Defense shall track the use of the author-
ity provided pursuant to subsection (a) and make the 
data available to the Comptroller General for pur-
poses of the report required under paragraph (2). 
(2) REPORT.—Not later than February 1, 2022, 
the Comptroller General of the United States shall 
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submit a report to the congressional defense commit-
tees on the use of the authority provided pursuant to 
subsection (a) through the end of fiscal year 2021. 
Subtitle C—Provisions Relating to 
Acquisition Workforce 
SEC. 841. DEFENSE ACQUISITION WORKFORCE CERTIFI-
CATION AND EDUCATION REQUIREMENTS. 
(a) PROFESSIONAL CERTIFICATION REQUIREMENT.— 
(1) PROFESSIONAL
CERTIFICATION
REQUIRED 
FOR ALL ACQUISITION WORKFORCE PERSONNEL.—Sec-
tion 1701a of title 10, United States Code, is amend-
ed— 
(A) by redesignating subsections (c) and (d) 
as subsections (d) and (e), respectively; and 
(B) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) PROFESSIONAL CERTIFICATION.—(1) IN GEN-
ERAL.—The Secretary of Defense shall implement a certifi-
cation program to provide for a professional certification 
requirement for all members of the acquisition workforce. 
Except as provided in paragraph (2), the certification re-
quirement for any career field of the acquisition workforce 
shall be based on nationally or internationally recognized 
standards developed by a third-party entity. 
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‘‘(2) REQUIREMENTS FOR SECRETARY.—If the Sec-
retary determines that, for a particular acquisition work-
force career field, the third-party entity described in para-
graph (1) does not meet the needs of the Department, the 
Secretary shall establish the professional certification re-
quirement for that career field that conforms with nation-
ally or internationally recognized standards. The Secretary 
shall determine the best approach to implement such re-
quirement for that career field, including implementation 
through entities outside the Department of Defense and may 
be designed and implemented without regard to section 
1746 of this title.’’. 
(2) CERTIFICATION RENEWAL.—Paragraph (3) of 
section 1723(a) of such title is amended by striking 
the second sentence. 
(3) PARTICIPATION IN PROFESSIONAL ASSOCIA-
TIONS.—Section 1701a(b) of such title is amended— 
(A) by redesignating paragraphs (6), (7), 
(8), and (9) as paragraphs (7), (8), (9), and 
(10), respectively; and 
(B) by inserting after paragraph (5) the fol-
lowing new paragraph: 
‘‘(6) authorize a member of the acquisition work-
force to participate in professional associations, con-
sistent with the performance plan of such member, if 
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such participation provides the member with the op-
portunity to gain leadership and management 
skills;’’. 
(4) EFFECTIVE DATE.—The Secretary of Defense 
shall carry out the certification program required by 
subsection (c) of section 1701a of title 10, United 
States Code, as added by paragraph (1), not later 
than 180 days after the date of the enactment of this 
Act. 
(b) ELIMINATION OF STATUTORY REQUIREMENT FOR 
COMPLETION OF 24 SEMESTER CREDIT HOURS.— 
(1) QUALIFICATION
REQUIREMENTS
FOR
CON-
TRACTING
OFFICERS.—Section 1724 of title 10, 
United States Code, is amended— 
(A) in subsection (a)(3)— 
(i) by striking ‘‘(A)’’ after ‘‘(3)’’; and 
(ii) by striking ‘‘, and (B)’’ and all 
that follows through ‘‘and management’’; 
(B) in subsection (b), by striking ‘‘require-
ments’’ in the first sentences of paragraphs (1) 
and (2) and inserting ‘‘requirement’’; 
(C) in subsection (e)— 
(i) in paragraph (1)— 
(I) by striking ‘‘requirements in 
subparagraphs (A) and (B) of sub-
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section (a)(3)’’ and inserting ‘‘require-
ment of subsection (a)(3)’’; and 
(II) in subparagraph (C), by 
striking ‘‘requirements’’ and inserting 
‘‘requirement’’; and 
(ii) in paragraph (2)— 
(I) by striking ‘‘shall have—’’ and 
all that follows through ‘‘been award-
ed’’ and inserting ‘‘shall have been 
awarded’’; 
(II) by striking ‘‘; or’’ and insert-
ing a period; and 
(III) by striking subparagraph 
(B); and 
(D) in subsection (f), by striking ‘‘, includ-
ing—’’ and all that follows and inserting a pe-
riod. 
(2) SELECTION CRITERIA AND PROCEDURES.— 
Section 1732 of such title is amended— 
(A) in subsection (b)(1)— 
(i) by striking ‘‘Such requirements,’’ 
and all the follows through ‘‘the person—’’ 
and inserting ‘‘Such requirements shall in-
clude a requirement that the person—’’; 
(ii) by striking subparagraph (B); and 
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(iii) by redesignating clauses (i) and 
(ii) as subparagraphs (A) and (B), respec-
tively, and conforming the margins accord-
ingly; 
(B) in subsection (c), by striking ‘‘require-
ments of subsections (b)(1)(A) and (b)(1)(B)’’ in 
paragraphs (1) and (2) and inserting ‘‘require-
ment of subsection (b)(1)’’; and 
(C) in subsection (d)— 
(i) by striking ‘‘(1) Except as provided 
in paragraph (2),’’; and 
(ii) by striking paragraph (2). 
(c) DEFENSE ACQUISITION UNIVERSITY CURRICULUM 
DEVELOPMENT.—Section 1746(c) of title 10, United States 
Code, is amended by inserting ‘‘, and with commercial pro-
viders of training,’’ after ‘‘military departments’’. 
(d) CAREER PATHS.— 
(1) CAREER PATH REQUIRED FOR EACH ACQUI-
SITION WORKFORCE CAREER FIELD.—Paragraph (4) 
of section 1701a(b) of title 10, United States Code, is 
amended to read as follows: 
‘‘(4) develop and implement a career path, as de-
scribed in section 1722(a) of this title, for each career 
field designated by the Secretary under section 
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1721(a) of this title as an acquisition workforce ca-
reer field;’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
1722(a) of such title is amended— 
(A) by striking ‘‘appropriate career paths’’ 
and inserting ‘‘an appropriate career path’’; and 
(B) by striking ‘‘are identified’’ and insert-
ing ‘‘is identified for each acquisition workforce 
career field’’. 
(3) DEADLINE FOR IMPLEMENTATION OF CAREER 
PATHS.—The Secretary of Defense shall carry out the 
requirements of paragraph (4) of section 1701a(b) of 
title 10, United States Code (as amended by para-
graph (1)), not later than the end of the two-year pe-
riod beginning on the date of the enactment of this 
Act. 
(e) CAREER FIELDS.— 
(1) DESIGNATION OF ACQUISITION WORKFORCE 
CAREER
FIELDS.—Section 1721(a) of such title is 
amended by adding at the end the following new sen-
tence: ‘‘The Secretary shall also designate in regula-
tions those career fields in the Department of Defense 
that are acquisition workforce career fields for pur-
poses of this chapter.’’. 
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(2) CLERICAL AMENDMENTS.—(A) The heading 
of such section is amended to read as follows: 
‘‘§ 1721. Designation of acquisition positions and ac-
quisition workforce career fields’’. 
(B) The item relating to such section in the 
table of sections at the beginning of subchapter 
II of chapter 87 of such title is amended to read 
as follows: 
‘‘1721. Designation of acquisition positions and acquisition workforce career 
fields.’’. 
(3)(A) The heading of subchapter II of chapter 
87 of such title is amended to read as follows: 
‘‘SUBCHAPTER II—ACQUISITION POSITIONS AND ACQUISITION WORKFORCE 
CAREER FIELDS’’. 
(B) The item relating to such subchapter in the 
table of subchapters at the beginning of such chapter 
is amended to read as follows: 
‘‘II. Acquisition Positions And Acquisition Workforce Career Fields .........
1721’’. 
(4) DEADLINE
FOR
DESIGNATION
OF
CAREER 
FIELDS.—The Secretary of Defense shall carry out the 
requirements of second sentence of section 1721(a) of 
title 10, United States Code (as added by paragraph 
(1)), not later than the end of the six-month period 
beginning on the date of the enactment of this Act. 
(f) KEY WORK EXPERIENCES.— 
(1) DEVELOPMENT OF KEY WORK EXPERIENCES 
FOR
EACH
ACQUISITION
WORKFORCE
CAREER 
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FIELD.—Section 1722b of such title is amended by 
adding at the end the following new subsection: 
‘‘(c) KEY WORK EXPERIENCES.—In carrying out sub-
section (b)(2), the Secretary shall ensure that key work expe-
riences, in the form of multidiscipline training, are devel-
oped for each acquisition workforce career field.’’. 
(2) PLAN FOR IMPLEMENTATION OF KEY WORK 
EXPERIENCES.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a 
plan identifying the specific actions the Department 
of Defense has taken, and is planning to take, to de-
velop and establish key work experiences for each ac-
quisition workforce career field as required by sub-
section (c) of section 1722b of title 10, United States 
Code, as added by paragraph (1). The plan shall in-
clude specification of the percentage of the acquisition 
workforce, or funds available for administration of 
the acquisition workforce on an annual basis, that the 
Secretary will dedicate towards developing such key 
work experiences. 
(g) APPLICABILITY OF CAREER PATH REQUIREMENTS 
TO ALL MEMBERS OF ACQUISITION WORKFORCE.—Section 
1723(b) of such title is amended by striking ‘‘the critical 
acquisition-related’’. 
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(h) COMPETENCY DEVELOPMENT.— 
(1) IN GENERAL.—(A) Subchapter V of chapter 
87 of such title is amended by adding at the end the 
following new section: 
‘‘§ 1765. Competency development 
‘‘(a) IN GENERAL.—For each acquisition workforce ca-
reer field, the Secretary of Defense shall establish, for the 
civilian personnel in that career field, defined proficiency 
standards and technical and nontechnical competencies 
which shall be used in personnel qualification assessments. 
‘‘(b) NEGOTIATIONS.—Any action taken by the Sec-
retary under this section, or to implement this section, shall 
not be subject to the requirements of chapter 71 of title 5.’’. 
(B) The table of sections at the beginning of 
such subchapter II is amended by adding at the 
end the following new item: 
‘‘1765. Competency development.’’. 
(2) DEADLINE FOR IMPLEMENTATION.—The Sec-
retary of Defense shall carry out the requirements of 
section 1765 of title 10, United States Code (as added 
by paragraph (1)), not later than the end of the two- 
year period beginning on the date of the enactment of 
this Act. 
(i) TERMINATION OF DEFENSE ACQUISITION CORPS.— 
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(1) The Acquisition Corps for the Department of 
Defense referred to in section 1731(a) of title 10, 
United States Code, is terminated. 
(2) Section 1733 of title 10, United States Code, 
is amended— 
(A) by striking subsection (a); and 
(B) by redesignating subsection (b) as sub-
section (a). 
(3) Subsection (b) of section 1731 of such title is 
transferred to the end of section 1733 of such title, as 
amended by paragraph (2), and amended— 
(A) by striking ‘‘ACQUISITION CORPS’’ in 
the heading and inserting ‘‘THE ACQUISITION 
WORKFORCE’’; and 
(B) by striking ‘‘selected for the Acquisition 
Corps’’ and inserting ‘‘in the acquisition work-
force’’. 
(4) Subsection (e) of section 1732 of such title is 
transferred to the end of section 1733 of such title, as 
amended by paragraphs (2) and (3), redesignated as 
subsection (c), and amended— 
(A) by striking ‘‘in the Acquisition Corps’’ 
in paragraphs (1) and (2) and inserting ‘‘in 
critical acquisition positions’’; and 
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(B) by striking ‘‘serving in the Corps’’ in 
paragraph (2) and inserting ‘‘employment’’. 
(5) Sections 1731 and 1732 of such title are re-
pealed. 
(6)(A) Section 1733 of such title, as amended by 
paragraphs (2), (3), and (4), is redesignated as sec-
tion 1731. 
(B) The table of sections at the beginning of sub-
chapter III of chapter 87 of such title is amended by 
striking the items relating to sections 1731, 1732, and 
1733 and inserting the following new item: 
‘‘1731. Critical acquisition positions.’’. 
(7)(A) The heading of subchapter III of chapter 
87 of such title is amended to read as follows: 
‘‘SUBCHAPTER III—CRITICAL ACQUISITION POSITIONS’’. 
(B) The item relating to such subchapter in the 
table of subchapters at the beginning of such chapter 
is amended to read as follows: 
‘‘III. Critical Acquisition Positions ...............................................................
1731’’. 
(8) Section 1723(a)(2) of such title is amended 
by striking ‘‘section 1733 of this title’’ and inserting 
‘‘section 1731 of this title’’. 
(9) Section 1725 of such title is amended— 
(A) in subsection (a)(1), by striking ‘‘De-
fense Acquisition Corps’’ and inserting ‘‘acquisi-
tion workforce’’; and 
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(B) in subsection (d)(2), by striking ‘‘of the 
Defense Acquisition Corps’’ and inserting ‘‘in the 
acquisition workforce serving in critical acquisi-
tion positions’’. 
(10) Section 1734 of such title is amended— 
(A) by striking ‘‘of the Acquisition Corps’’ 
in subsections (e)(1) and (h) and inserting ‘‘of 
the acquisition workforce’’; and 
(B) in subsection (g)— 
(i) by striking ‘‘of the Acquisition 
Corps’’ in the first sentence and inserting 
‘‘of the acquisition workforce’’; 
(ii) by striking ‘‘of the Corps’’ and in-
serting ‘‘of the acquisition workforce’’; and 
(iii) by striking ‘‘of the Acquisition 
Corps’’ in the second sentence and inserting 
‘‘of the acquisition workforce in critical ac-
quisition positions’’. 
(11) Section 1737 of such title is amended— 
(A) in subsection (a)(1), by striking ‘‘of the 
Acquisition Corps’’ and inserting ‘‘of the acquisi-
tion workforce’’; and 
(B) in subsection (b), by striking ‘‘of the 
Corps’’ and inserting ‘‘of the acquisition work-
force’’. 
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(12) Section 1742(a)(1) of such title is amended 
by striking ‘‘the Acquisition Corps’’ and inserting 
‘‘acquisition positions in the Department of Defense’’. 
(13) Section 2228(a)(4) of such title is amended 
by striking ‘‘under section 1733(b)(1)(C) of this title’’ 
and inserting ‘‘under section 1731 of this title’’. 
(14) Section 7016(b)(5)(B) of such title is 
amended by striking ‘‘under section 1733 of this title’’ 
and inserting ‘‘under section 1731 of this title’’. 
(15) Section 8016(b)(4)(B) of such title is 
amended by striking ‘‘under section 1733 of this title’’ 
and inserting ‘‘under section 1731 of this title’’. 
(16) Section 9016(b)(4)(B) of such title is 
amended by striking ‘‘under section 1733 of this title’’ 
and inserting ‘‘under section 1731 of this title’’. 
(17) Paragraph (1) of section 317 of title 37, 
United States Code, is amended to read as follows: 
‘‘(1) is a member of the acquisition workforce se-
lected to serve in, or serving in, a critical acquisition 
position designated under section 1731 of title 10.’’. 
(j) DESIGNATION OF FOREIGN MILITARY SALES AS AC-
QUISITION POSITION.—Section 1721(b) of title 10, United 
States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(13) Foreign military sales.’’. 
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SEC. 842. PUBLIC-PRIVATE EXCHANGE PROGRAM FOR THE 
ACQUISITION WORKFORCE. 
(a) PUBLIC-PRIVATE EXCHANGE PROGRAM FOR THE 
ACQUISITION WORKFORCE.— 
(1) IN GENERAL.—Subchapter IV of chapter 87 
of title 10, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 1749. Public-private exchange program for the ac-
quisition workforce 
‘‘(a) ASSIGNMENT AUTHORITY.—(1) The Secretary 
may, by rule, establish a program to be known as the ‘Pub-
lic-Private Exchange Program for the Acquisition Work-
force’ to temporarily assign a member of the acquisition 
workforce to a private-sector organization or an employee 
of a private-sector organization to the Department of De-
fense if— 
‘‘(A) pursuant to an agreement between the Sec-
retary, the private-sector organization, and the indi-
vidual to be temporarily assigned described in sub-
section (b); and 
‘‘(B) with the consent of the individual to be 
temporarily assigned. 
‘‘(2) Members of the acquisition workforce are eligible 
for a temporary assignment under this section as follows: 
‘‘(A) Civilians in any of grades GS–12 through 
GS–15 under the General Schedule or, for employees 
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participating in the demonstration project under sec-
tion 1762 of this title, the equivalent. 
‘‘(B) Members of the armed forces serving in any 
of pay grades O–3 through O–6. 
‘‘(3) A private-sector organization shall not be consid-
ered to have a conflict of interest with the Department of 
Defense solely because of participation in the program es-
tablished under this section. 
‘‘(b) AGREEMENTS.—(1) An agreement entered into 
under this section shall include the following: 
‘‘(A) The terms and conditions of a temporary 
assignment. 
‘‘(B) In the case of an agreement for the tem-
porary assignment of a member of the acquisition 
workforce, a requirement that the member of the ac-
quisition workforce, upon completion of the temporary 
assignment, will— 
‘‘(i) if a member of the armed forces, serve 
in the armed forces for a period equal to twice 
the length of the temporary assignment (in addi-
tion to any other period of obligated service); or 
‘‘(ii) if a civilian, serve in the Department 
of Defense, or elsewhere in the civil service if ap-
proved by the Secretary, for a period equal to 
twice the length of the temporary assignment. 
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‘‘(C) A provision that if the individual to be 
temporarily assigned fails to carry out the agreement, 
such individual shall be liable to the United States for 
payment of all expenses of the assignment, unless that 
failure was for good and sufficient reason, as deter-
mined by the Secretary of Defense. 
‘‘(D) In the case of an agreement for the tem-
porary assignment of a member of the acquisition 
workforce, language ensuring that such member of the 
acquisition workforce does not improperly use pre- 
decisional or draft deliberative information that such 
member may be privy to or aware of related to De-
partment programing, budgeting, resourcing, acquisi-
tion, or procurement for the benefit or advantage of 
the private-sector organization. 
‘‘(2) An amount for which an individual is liable 
under paragraph (1)(C) shall be treated as a debt due the 
United States. 
‘‘(3) The Secretary may waive, in whole or in part, 
collection of a debt described in paragraph (2) based on a 
determination that the collection would be against equity 
and good conscience and not in the best interests of the 
United States, after taking into account any indication of 
fraud, misrepresentation, fault, or lack of good faith on the 
part of the individual who is liable for the debt. 
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‘‘(c) TERMINATION.—An assignment under this section 
may, at any time and for any reason, be terminated by 
the Department of Defense or the private-sector organiza-
tion concerned. 
‘‘(d) DURATION.—(1) Except as provided in para-
graph (2), an assignment under this section shall be for a 
period of not more than two years, renewable up to a total 
of four years. 
‘‘(2) An assignment under this section may be for a 
period in excess of two years, but not more than four years, 
if the Secretary determines that such assignment is nec-
essary to meet critical mission or program requirements. 
‘‘(3) A member of the acquisition workforce may not 
be assigned under this section for more than a total of four 
years inclusive of all such assignments. 
‘‘(e) STATUS OF INDIVIDUALS ASSIGNED TO PRIVATE- 
SECTOR ORGANIZATIONS.—(1) A member of the acquisition 
workforce who is assigned to a private-sector organization 
under this section shall be considered, during the period of 
assignment, to be on detail to a regular duty or work as-
signment, as applicable, in the Department for all purposes. 
‘‘(2) In the case of a civilian member of the acquisition 
workforce, the written agreement established under sub-
section (b)(1)— 
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‘‘(A) shall address the specific terms and condi-
tions related to the civilian member’s continued status 
as a Federal employee; and 
‘‘(B) in the case of an assignment of nine months 
or longer, shall provide that, if the civilian member 
successfully completes the assignment (as determined 
by the Secretary), the civilian member shall be eligi-
ble for consideration for placement in a new position 
under programs of the Department of Defense pro-
viding priority placement to certain employees. 
‘‘(3) With respect to an assignment of a member of 
the acquisition workforce under this section, the Sec-
retary— 
‘‘(A) may, in the case of a civilian member of the 
acquisition workforce, provide for the performance, 
during the member’s absence, of the normal duties 
and functions of that member by making a temporary 
or term appointment under general civil service au-
thorities for such appointments; 
‘‘(B) shall ensure that the normal duties and 
functions of the civilian member of the acquisition 
workforce described in subparagraph (A) can be rea-
sonably performed by other personnel of the Depart-
ment of Defense without the permanent transfer or 
permanent reassignment of other personnel of the De-
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partment of Defense, including members of the armed 
forces; 
‘‘(C) shall ensure that the normal duties and 
functions of the acquisition workforce member are not, 
as a result of and during the course of such tem-
porary assignment, performed or augmented by con-
tractor personnel in violation of the provisions of sec-
tion 2461 of this title; and 
‘‘(D) shall certify that the temporary assignment 
of the acquisition workforce member will not have an 
adverse or negative impact on mission attainment, 
warfighter support, or organizational capabilities as-
sociated with the assignment. 
‘‘(f) TERMS AND CONDITIONS FOR PRIVATE-SECTOR 
EMPLOYEES.—An employee of a private-sector organization 
who is assigned to a Department of Defense organization 
under this section— 
‘‘(1) shall continue to receive pay and benefits 
from the private-sector organization from which such 
employee is assigned and shall not receive pay or ben-
efits from the Department of Defense, except as pro-
vided in paragraph (2); 
‘‘(2) is deemed to be an employee of the Depart-
ment of Defense for the purposes of— 
‘‘(A) chapters 73 and 81 of title 5; 
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‘‘(B) sections 201, 203, 205, 207, 208, 209, 
603, 606, 607, 643, 654, 1905, and 1913 of title 
18; 
‘‘(C) sections 1343, 1344, and 1349(b) of 
title 31; 
‘‘(D) the Federal Tort Claims Act and any 
other Federal tort liability statute; 
‘‘(E) the Ethics in Government Act of 1978; 
and 
‘‘(F) chapter 21 of title 41; 
‘‘(3) shall not have access to any trade secrets or 
to any other nonpublic information which is of com-
mercial value to the private-sector organization from 
which such employee is assigned; 
‘‘(4) may perform work that is considered inher-
ently governmental in nature only when requested in 
writing by the Secretary of Defense; and 
‘‘(5) may not be used to circumvent the provision 
of section 2461 of this title nor to circumvent any 
limitation or restriction on the size of the Depart-
ment’s workforce. 
‘‘(g) PROHIBITION
AGAINST
CHARGING
CERTAIN 
COSTS TO THE FEDERAL GOVERNMENT.—A private-sector 
organization may not charge the Department or any other 
agency of the Federal Government, as direct or indirect 
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costs under a Federal contract, the costs of pay or benefits 
paid by the organization to an employee assigned to a De-
partment organization under this section for the period of 
the assignment. 
‘‘(h) CONSIDERATION OF TRAINING NEEDS FOR MEM-
BERS OF THE ACQUISITION WORKFORCE.—In carrying out 
this section, the Secretary of Defense shall take into consid-
eration how assignments under this section might best be 
used to help meet the needs of the Department of Defense 
with respect to the training of members of the acquisition 
workforce. 
‘‘(i) FUNDING; USE OF DEFENSE ACQUISITION WORK-
FORCE DEVELOPMENT FUND.—Funds for the expenses for 
the program established under this section shall be provided 
from amounts in the Department of Defense Acquisition 
Workforce Development Fund. Expenses for the program in-
clude— 
‘‘(1) notwithstanding section 1705(e)(5) of this 
title, the base salary of a civilian member of the ac-
quisition workforce assigned to a private-sector orga-
nization under this section, during the period of that 
assignment; 
‘‘(2) expenses relating to assignment under this 
section of a member of the acquisition workforce away 
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from the member’s regular duty station, including ex-
penses for travel, per diem, and lodging; and 
‘‘(3) expenses for the administration of the pro-
gram.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amended 
by adding at the end the following new item: 
‘‘1749. Public-private exchange program for the acquisition workforce.’’. 
(b) USE OF DEFENSE ACQUISITION WORKFORCE DE-
VELOPMENT FUND.—Section 1705(e)(1) of such title is 
amended by adding at the end the following new subpara-
graph: 
‘‘(C) Amounts in the Fund shall be used to 
pay the expenses of the Public-Private Exchange 
Program for the Acquisition Workforce under 
section 1749 of this title.’’. 
(c) ACQUISITION WORKFORCE EMPLOYEES EXCLUDED 
FROM PUBLIC-PRIVATE TALENT EXCHANGE.— 
(1) IN GENERAL.—Section 1599g of such title is 
amended by adding at the end the following new sub-
section: 
‘‘(i) ACQUISITION
WORKFORCE
EM-
PLOYEES.—An employee of the Department 
of Defense who is eligible for the Public-Pri-
vate Exchange Program for the Acquisition 
Workforce under section 1749 of this title is 
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not eligible for an assignment under this 
section.’’. 
(2) APPLICABILITY.—Subsection (i) of section 
1599g of title 10, United States Code, as added by 
paragraph (1), shall not apply to an employee of the 
Department of Defense who entered into an agreement 
under that section before the date of the enactment of 
this Act. 
SEC. 843. INCENTIVES AND CONSIDERATION FOR QUALI-
FIED TRAINING PROGRAMS. 
(a) IN GENERAL.— 
(1) Chapter 141 of title 10, United States Code, 
is amended by inserting after section 2409 the fol-
lowing new section: 
‘‘§ 2409a. Incentives and consideration for qualified 
training programs 
‘‘(a) INCENTIVES.—The Secretary of Defense shall de-
velop workforce development investment incentives for a 
contractor that implements a qualified training program 
to develop the workforce of the contractor in a manner con-
sistent with the needs of the Department of Defense. 
‘‘(b) CONSIDERATION OF QUALIFIED TRAINING PRO-
GRAMS.—The Secretary of Defense shall revise the Depart-
ment of Defense Supplement to the Federal Acquisition Reg-
ulation to require that the system used by the Federal Gov-
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ernment to monitor or record contractor past performance 
includes an analysis of the availability, quality, and effec-
tiveness of a qualified training program of an offeror as 
part of the past performance rating of such offeror. 
‘‘(c) QUALIFIED TRAINING PROGRAM DEFINED.—The 
term ‘qualified training program’ means any of the fol-
lowing: 
‘‘(1) A program eligible to receive funds under 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3101 et seq.). 
‘‘(2) A program eligible to receive funds under 
the Carl D. Perkins Career and Technical Education 
Act of 2006 (20 U.S.C. 2301 et seq.). 
‘‘(3) A program registered under the Act of Au-
gust 16, 1937 (commonly known as the ‘National Ap-
prenticeship Act’; Stat. 664, chapter 663; 29 U.S.C. 
50 et seq.). 
‘‘(4) Any other program determined to be a 
qualified training program for purposes of this sec-
tion, and that meets the workforce needs of the De-
partment of Defense, as determined by the Secretary 
of Defense.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
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inserting after the item relating to section 2409 the 
following new item: 
‘‘2409a. Incentives and consideration for qualified training programs.’’. 
SEC. 844. CERTIFICATION BY PROSPECTIVE MILITARY CON-
STRUCTION CONTRACTORS OF GOOD FAITH 
EFFORT TO UTILIZE QUALIFIED APPREN-
TICES. 
(a) REQUIREMENTS.—Subchapter III of chapter 169 
of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2870. Utilization of qualified apprentices by mili-
tary construction contractors 
‘‘(a) CERTIFICATION REQUIRED.—(1) The Secretary of 
Defense shall require each prospective contractor on a mili-
tary construction project to certify to the Secretary that, 
if awarded a contract for the project, the prospective con-
tractor will make a good faith effort to meet or exceed the 
apprenticeship employment goal on such project. 
‘‘(2) If a prospective contractor fails to certify as re-
quired by paragraph (1), the Secretary may not determine 
such prospective contractor to be a responsible contractor. 
‘‘(b) APPRENTICESHIP EMPLOYMENT GOAL.— 
‘‘(1) IN GENERAL.—In this section, the term ‘ap-
prenticeship employment goal’ means the utilization 
of qualified apprentices as not less than 20 percent of 
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the total workforce employed in an apprenticeable oc-
cupation (as determined by the Secretary of Labor). 
‘‘(2) QUALIFIED
APPRENTICE.—In paragraph 
(1), the term ‘qualified apprentice’ means an em-
ployee participating in an apprenticeship program 
that is registered with— 
‘‘(A) the Office of Apprenticeship of the Em-
ployment Training Administration of the De-
partment of Labor pursuant to the Act of August 
16, 1937 (popularly known as the ‘National Ap-
prenticeship Act’; 29 U.S.C. 50 et seq.); or 
‘‘(B) a State apprenticeship agency recog-
nized by such Office of Apprenticeship pursuant 
to such Act. 
‘‘(c) CONSIDERATION OF APPRENTICESHIP EMPLOY-
MENT GOAL.—The Secretary of Defense shall revise the De-
fense Supplement to the Federal Acquisition Regulation to 
require that the system used by the Federal Government to 
monitor or record contractor past performance includes an 
analysis of whether the contractor has made a good faith 
effort to meet or exceed the apprenticeship employment goal, 
including consideration of actual utilization by the con-
tractor of qualified apprentices, as part of the past perform-
ance rating of such contractor. 
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‘‘(d) INCENTIVES.—The Secretary of Defense shall de-
velop incentives for prospective contractors on military con-
struction projects to meet or exceed the apprenticeship em-
ployment goal.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of subchapter III of chapter 169 of title 10, 
United States Code, is amended by adding at the end the 
following new item: 
‘‘2870. Utilization of qualified apprentices by military construction contractors.’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply with respect to contracts awarded on 
or after the date that is 180 days after the date of the enact-
ment of this Act. 
Subtitle D—Provisions Relating to 
Acquisition Security 
SEC. 851. SUPPLY CHAIN SECURITY OF CERTAIN TELE-
COMMUNICATIONS 
AND 
VIDEO 
SURVEIL-
LANCE SERVICES OR EQUIPMENT. 
(a) ASSESSMENT.—The Secretary of Defense, in con-
sultation with the Federal Acquisition Security Council (es-
tablished under section 1322 of title 41, United States Code) 
and the Director of the Office of Management and Budget, 
shall conduct a comprehensive assessment of— 
(1) Department of Defense policies relating to 
covered equipment and services; 
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(2) covered equipment and services acquired or 
to be acquired for the Department; and 
(3) systems of covered contractors to ensure the 
security of the supply chains of such covered con-
tractor. 
(b) PURPOSE.—The assessment described in subsection 
(a) shall include— 
(1) an identification of instances in which the 
Federal Acquisition Security Council has identified 
supply chain risks (as defined in section 4713(k) of 
title 41, United States Code) that are specific to the 
defense industrial base and other threat assessments 
related to the procurement of covered articles (as de-
fined in such section); 
(2) an identification of and suggestions for guid-
ance on the process of debarment and suspension (in-
cluding debarment and suspension for nonprocure-
ment programs and activities) of covered contractors 
to address supply chain risks relating to acquisitions 
for the Department of Defense, including acquisitions 
involving other executive agencies; and 
(3) an identification of steps that could be taken 
to address situations identified under paragraphs (1) 
and (2) through the Interagency Suspension and De-
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barment Committee established under Executive 
Order 12549 (51 Fed. Reg. 6370). 
(c) ACTIONS FOLLOWING ASSESSMENT.—Not later 
than 180 days after the date of the enactment of this Act, 
the Secretary shall, based on the results of the assessment 
required by subsection (a)— 
(1) issue or revise guidance to ensure any entity 
within the Department of Defense that procures cov-
ered equipment and services implements a risk-based 
approach with respect to such a procurement that ad-
dresses— 
(A) requirements for training personnel; 
(B) the process for making sourcing deci-
sions; 
(C) with respect to a procurement of tele-
communications equipment or video surveillance 
equipment, 
assurances 
relating 
to 
the 
traceability of parts of such equipment; 
(D) the process for reporting suspect covered 
equipment and services; and 
(E) corrective actions for the acquisition of 
suspect covered equipment and services (includ-
ing actions to recover costs as described in sub-
section (d)(2)); 
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(2) issue or revise guidance to ensure that reme-
dial actions, including debarment or suspension, are 
taken with respect to a covered contractor who has 
failed to detect and avoid suspect covered equipment 
and services or otherwise failed to exercise due dili-
gence in the detection and avoidance of such suspect 
covered equipment and services; 
(3) establish a process for ensuring that a De-
partment of Defense employee provide a written re-
port to the appropriate Government authorities and 
the Government-Industry Data Exchange Program 
(or a similar program designated by the Secretary) 
not later than 60 days after such an employee be-
comes aware, or has reason to suspect that— 
(A) any end item, component, part, or ma-
terial contained in supplies purchased by or for 
the Department contains suspect covered equip-
ment and services; or 
(B) a covered contractor has provided sus-
pect covered equipment and services; and 
(4) establish a process for analyzing, assessing, 
and acting on reports of suspect covered equipment 
and services that are submitted in accordance with 
paragraph (3). 
(d) REGULATIONS.— 
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(1) IN GENERAL.—Not later than 270 days after 
the date of the enactment of this Act, the Secretary 
shall revise the Department of Defense Supplement to 
the Federal Acquisition Regulation to address the de-
tection and avoidance of suspect covered equipment 
and services. 
(2) CONTRACTOR
RESPONSIBILITIES.—The re-
vised regulations issued pursuant to paragraph (1) 
shall provide that— 
(A) covered contractors who supply covered 
equipment or services are responsible for detect-
ing and avoiding the use or inclusion of suspect 
covered equipment or services and for any con-
tract modification or corrective action that may 
be required to remedy the use or inclusion of 
such suspect covered equipment or services; and 
(B) the cost of suspect covered equipment or 
services and the cost of contract modification or 
corrective action that may be required to remedy 
the use or inclusion of such suspect covered 
equipment or services are not allowable costs 
under defense contracts, unless— 
(i) the covered contractor has an oper-
ational system to detect and avoid suspect 
covered equipment or services that has been 
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reviewed and approved by the Secretary 
pursuant to subsection (e)(2)(B); 
(ii) suspect covered equipment or serv-
ices were provided to the covered contractor 
as Government property in accordance with 
part 45 of the Federal Acquisition Regula-
tion or were obtained by the covered con-
tractor in accordance with regulations de-
scribed in paragraph (3); and 
(iii) the covered contractor discovers 
the suspect covered equipment or services 
and provides timely notice to the Govern-
ment pursuant to paragraph (4). 
(3) REQUIREMENTS
FOR
SUPPLIERS.—The re-
vised regulations issued pursuant to paragraph (1) 
shall— 
(A) require that covered contractors obtain 
covered equipment or services— 
(i) from the original manufacturers of 
the equipment or their authorized dealers, 
or from suppliers that meet requirements of 
subparagraph (C) or (D) and, with respect 
to suppliers of telecommunications equip-
ment or video surveillance equipment, that 
obtain such equipment exclusively from the 
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original manufacturers of the parts of such 
equipment or their authorized dealers; and 
(ii) that are not in production or cur-
rently available in stock from suppliers that 
meet requirements of subparagraph (C) or 
(D); 
(B) establish requirements for notification 
of the Department, and for inspection, testing, 
and authentication of covered equipment and 
services that covered contractor obtains from an 
alternate supplier; 
(C) establish qualification requirements, 
consistent with the requirements of section 2319 
of title 10, United States Code, pursuant to 
which the Secretary may identify suppliers that 
have appropriate policies and procedures in 
place to detect and avoid suspect covered equip-
ment and services; and 
(D) authorize covered contractors to identify 
and use suppliers that meet qualification re-
quirements, provided that— 
(i) the standards and processes for 
identifying such suppliers comply with es-
tablished industry standards; and 
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inserting ‘‘Under Secretary of Defense for Acquisition 
and Sustainment’’. 
(28) Section 2222 of title 10, United States 
Code, is amended— 
(A) in subsection (c)(2), by striking ‘‘Under 
Secretary of Defense for Acquisition, Technology, 
and Logistics’’ and inserting ‘‘Under Secretary 
of Defense for Acquisition and Sustainment’’; 
and 
(B) in subsection (f)(2)(B)(i), by striking 
‘‘Under Secretary of Defense for Acquisition, 
Technology, and Logistics’’ and inserting ‘‘Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment’’. 
(29) Section 217(a) of the National Defense Au-
thorization Act for Fiscal Year 2016 (Public Law 
114–92; 129 Stat. 770; 10 U.S.C. 2222 note) is 
amended by striking ‘‘Under Secretary of Defense for 
Acquisition, Technology, and Logistics’’ and inserting 
‘‘Under Secretary of Defense for Acquisition and 
Sustainment’’. 
(30) Section 882(b) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Pub-
lic Law 111–383; 128 Stat. 4308; 10 U.S.C. 2222 
note) is amended by striking ‘‘Under Secretary of De-
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533 
(103) Section 98f(a)(3) of title 50, United States 
Code, is amended by striking ‘‘Under Secretary of De-
fense for Acquisition, Technology, and Logistics’’ and 
inserting ‘‘Under Secretary of Defense for Acquisition 
and Sustainment’’. 
(104) Section 1521 of title 50, United States 
Code, is amended— 
(A) in subsection (f)(1), by striking ‘‘Under 
Secretary of Defense for Acquisition, Technology, 
and Logistics’’ and inserting ‘‘Under Secretary 
of Defense for Acquisition and Sustainment’’; 
and 
(B) in subsection (g)(2), by striking ‘‘Under 
Secretary of Defense for Acquisition, Technology, 
and Logistics’’ and inserting ‘‘Under Secretary 
of Defense for Acquisition and Sustainment.’’. 
(k) REQUIREMENTS FOR THE NATIONAL SECURITY 
STRATEGY FOR NATIONAL TECHNOLOGY AND INDUSTRIAL 
BASE.— 
(1) NATIONAL
SECURITY
STRATEGY
FOR
NA-
TIONAL TECHNOLOGY AND INDUSTRIAL BASE.—Sec-
tion 2501(a) of title 10, United States Code, is 
amended by inserting after the first sentence the fol-
lowing new sentence: ‘‘The Secretary shall submit 
such strategy to Congress not later than 180 days 
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667 
ations (hereinafter referred to as ‘‘MISO )’’ programs 
hosted by the JMWC. 
(10) A detailed description of frameworks, 
metrics, and capabilities established to measure the ef-
fectiveness of MISO programs hosted by the JMWC. 
(11) A list of all associated funding requested by 
program element from each of the geographic combat-
ant commanders for MISO programs hosted by the 
JMWC and a description of such MISO activities. 
(12) An assessment of the effectiveness of MISO 
programs hosted by the JMWC. 
(13) A description of efforts and activities con-
ducted to share best practices and leverage lessons 
learned across the Department of Defense relating to 
MISO programs hosted by the JMWC, as well as a 
description of such best practices and lessons learned. 
(14) An identification of liaisons and detailees to 
the JMWC from agencies and elements of the Depart-
ment of Defense. 
(15) Activities and efforts conducted to syn-
chronize and deconflict MISO programs within the 
Department of Defense and with interagency and 
international partners related to strategic commu-
nications, as appropriate. 
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