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(B) The Committee on Armed Services of 
the Senate. 
(C) The Committee on Transportation and 
Infrastructure of the House of Representatives. 
(D) The Committee on Commerce, Science, 
and Transportation of the Senate. 
(2) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101 of title 10, 
United States Codes. 
SEC. 780. LIMITATION ON REALIGNMENT OR REDUCTION 
OF 
MILITARY 
MEDICAL 
MANNING 
END 
STRENGTH: CERTIFICATION REQUIREMENT 
AND OTHER REFORMS. 
(a) LIMITATION.— 
(1) IN GENERAL.—In addition to the limitation 
under section 719 of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116– 
92; 133 Stat. 1454), as most recently amended by 
section 731 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 
Stat. 1795), the Secretary of Defense and the Secre-
taries concerned may not realign or reduce military 
medical end strength authorizations during the pe-
riod described in paragraph (2), and after such pe-
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riod, may not realign or reduce such authorizations 
unless— 
(A) the report is submitted under sub-
section (b); and 
(B) the certification is submitted under 
subsection (c). 
(2) COVERED PERIOD.—The period described in 
this paragraph is a period of at least three years 
that begins on the date of the enactment of this Act. 
(b) REPORT ON COMPOSITION OF MILITARY MED-
ICAL WORKFORCE REQUIREMENTS.—The Secretary of 
Defense, in coordination with the Secretaries of the mili-
tary departments, shall conduct an assessment of military 
medical manning requirements and submit to Committees 
on Armed Services of the House of Representatives and 
the Senate a report containing the findings of such assess-
ment. Such assessment shall be informed by the following: 
(1) The National Defense Strategy submitted 
under section 113(g) of title 10, United States Code. 
(2) The National Military Strategy prepared 
under section 153(b) of such title. 
(3) The campaign plans of the combatant com-
mands. 
(4) Theater strategies. 
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(5) The joint medical estimate under section 
732 of the John S. McCain National Defense Au-
thorization Act for Fiscal Year 2019 (Public Law 
115–232; 132 Stat. 1817). 
(6) The plan of the Department of Defense on 
integrated medical operations, as updated pursuant 
to paragraph (1) of section 724(a) of the National 
Defense Authorization Act for Fiscal Year 2022 
(Public Law 117–81; 135 Stat. 1793; 10 U.S.C. 
1096 note). 
(7) The plan of the Department of Defense on 
global patient movement, as updated pursuant to 
paragraph (2) of such section. 
(8) The biosurveillance program of the Depart-
ment of Defense established pursuant to Depart-
ment of Defense Directive 6420.02 (relating to bio-
surveillance). 
(9) Requirements for graduate medical edu-
cation. 
(10) The report of the COVID–19 Military 
Health System Review Panel under section 731 of 
the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 
116–283; 134 Stat. 3698). 
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(11) The report of the Inspector General of the 
Department of Defense titled ‘‘Evaluation of De-
partment of Defense Military Medical Treatment 
Facility Challenges During the Coronavirus Disease- 
2019 (COVID-19) Pandemic in Fiscal Year 2021 
(DODIG-2022-081)’’ and published on April 5, 
2022. 
(12) Such other reports as may be determined 
appropriate by the Secretary of Defense. 
(c) CERTIFICATION.—The Secretary of Defense shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a certification con-
taining the following: 
(1) A certification of the completion of a com-
prehensive review of military medical manning, in-
cluding with respect to the medical corps (or other 
health- or medical-related component of a military 
department), designator, profession, occupation, and 
rating of medical personnel. 
(2) A justification for any proposed increase, 
realignment, reduction, or other change to the spe-
cialty and occupational composition of military med-
ical end strength authorizations, which may include 
compliance with a requirement or recommendation 
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set forth in a strategy, plan, or other matter speci-
fied in subsection (b). 
(3) A certification that, in the case that any 
change to such specialty or occupational composition 
is required, a vacancy resulting from such change 
may not be filled with a position other than a 
health- or medical-related position until such time as 
there are no military medical billets remaining to fill 
the vacancy. 
(4) A risk analysis associated with the potential 
realignment or reduction of any military medical end 
strength authorizations. 
(5) An identification of any plans of the De-
partment to backfill military medical personnel posi-
tions with civilian personnel. 
(6) A plan to address persistent vacancies for 
civilian personnel in health- or medical-related posi-
tions, and a risk analysis associated with the hiring, 
onboarding, and retention of such civilian personnel, 
taking into account provider shortfalls across the 
United States. 
(7) A comprehensive plan to mitigate any risk 
identified pursuant to paragraph (4) or (6), includ-
ing with respect to funding necessary for such miti-
gation across fiscal years. 
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(d) INTERIM BRIEFINGS AND FINAL REPORT.— 
(1) INITIAL BRIEFING.—Not later than April 1, 
2023, the Secretary of Defense shall provide to the 
Committees on Armed Services of the House of Rep-
resentatives and the Senate a briefing on how the 
Secretary plans to meet the report requirement 
under subsection (b) and the certification require-
ment under subsection (c). 
(2) BRIEFING ON PROGRESS.—Not later than 
two years after the date of the enactment of this 
Act, the Secretary of Defense shall provide to the 
Committees on Armed Services of the House of Rep-
resentatives and the Senate a briefing on the 
progress made towards completion of such require-
ments. 
(3) FINAL REPORT.—Not later than three years 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the House of Representatives and 
the Senate a final report on the completion of such 
requirements. Such final report shall be in addition 
to the report required under subsection (b) and the 
certification required under subsection (c). 
(e) DEFINITIONS.—In this section: 
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(1) The term ‘‘medical personnel’’ has the 
meaning given such term in section 115a(e) of such 
title. 
(2) The term ‘‘theater strategy’’ means an over-
arching construct outlining the vision of a combatant 
commander for the integration and synchronization 
of military activities and operations with other na-
tional power instruments to achieve the strategic ob-
jectives of the United States. 
SEC. 781. REVIEW AND UPDATE OF POLICY RELATING TO 
COMMAND NOTIFICATION PROCESS AND RE-
DUCTION OF MENTAL HEALTH STIGMA. 
(a) REVIEW AND UPDATE.— 
(1) IN GENERAL.—Not later than October 1, 
2023, the Secretary of Defense, in coordination with 
the Secretaries of the military departments, shall re-
view and update the Department of Defense Instruc-
tion 6490.08, titled ‘‘Command Notification Re-
quirements to Dispel Stigma in Providing Mental 
Health Care to Service Members’’, or any successor 
instruction. 
(2) ELEMENTS.—In carrying out the review 
and update of the instruction under paragraph (1), 
the Secretary shall ensure the updated version— 
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(A) provides health care providers with 
clear guidance on the process and timeline for 
making a required command notification; 
(B) provides for the protection of the pri-
vacy of mental health information shared 
through such notification process, including 
by— 
(i) restricting access to such informa-
tion to personnel for whom such specific 
knowledge is necessary for the conduct of 
official duties; 
(ii) requiring that military com-
manders, and any other personnel with ac-
cess to such information, treat such infor-
mation as any other health information, in-
cluding with respect to applicable privacy 
laws; and 
(iii) setting forth updated training re-
quirements for military commanders on the 
treatment of such information; and 
(C) directs military commanders to take 
steps to further reduce the stigma of mental 
health among members of the Armed Forces, 
including by promoting mental health care as 
equivalent to other types of health care. 
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(b) REPORT.—Not later than April 1, 2023, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the House of Representatives and the 
Senate a report on the progress made towards the comple-
tion of the review and update under subsection (a). 
SEC. 782. GRANT PROGRAM TO STUDY TREATMENT OF 
POST-TRAUMATIC STRESS DISORDER USING 
CERTAIN PSYCHEDELIC SUBSTANCES. 
(a) GRANT PROGRAM.—The Secretary of Defense 
shall carry out a program to award grants to eligible enti-
ties to conduct research on the treatment of members of 
the Armed Forces serving on active duty with post-trau-
matic stress disorder using covered psychedelic sub-
stances. 
(b) CRITERION FOR APPROVAL.—The Secretary may 
award a grant under this section to an eligible entity to 
conduct research if the Secretary determines that the re-
search involves a therapy that has the potential to dem-
onstrate significant medical evidence of a therapeutic ad-
vantage. 
(c) ELIGIBLE ENTITIES.—The Secretary may award 
a grant under this section to any of the following: 
(1) A department or agency of the Federal Gov-
ernment or a State government. 
(2) An academic institution. 
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(3) A nonprofit entity. 
(d) USE OF GRANT FUNDS.—A recipient of a grant 
awarded under this section may use the grant to— 
(1) conduct one or more phase two clinical 
trials for the treatment of post-traumatic stress dis-
order that— 
(A) include members of the Armed Forces 
serving on active duty as participants in the 
clinical trial; and 
(B) use individual or group therapy as-
sisted by covered psychedelic substances; or 
(2) train practitioners to provide treatment to 
members of the Armed Forces serving on active duty 
for post-traumatic stress disorder using covered psy-
chedelic substances. 
(e) PARTICIPATION IN CLINICAL TRIALS.—The Sec-
retary may authorize a member of the Armed Forces to 
participate in a clinical trial that is conducted using a 
grant awarded under this section or funds provided under 
subsection (f) and is authorized pursuant to section 505 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
355), without regard to— 
(1) whether the clinical trial involves a sub-
stance included in the schedule under section 202 of 
the Controlled Substances Act (21 U.S.C. 812); or 
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(2) section 912a of title 10, United States Code 
(article 112a of the Uniform Code of Military Jus-
tice). 
(f) ADDITIONAL AUTHORITY.—In addition to award-
ing grants under this section, the Secretary may provide 
funds for a clinical research trial using covered psychedelic 
substances that is authorized pursuant to section 505 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
355) and includes members of the Armed Forces as par-
ticipants in the trial. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘covered psychedelic substances’’ 
means any of the following: 
(A) 3,4-methylenedioxy-methamphetamine 
(commonly known as ‘‘MDMA’’). 
(B) Psilocybin. 
(C) Ibogaine. 
(D) 
5–Methoxy-N,N-dimethyltryptamine 
(commonly known as ‘‘5–MeO–DMT’’). 
(2) The term ‘‘State’’ includes any State, dis-
trict, territory, or possession of the United States. 
SEC. 783. PILOT PROGRAMS OF DEFENSE HEALTH AGENCY 
RELATING TO SEXUAL HEALTH. 
(a) TELEHEALTH PILOT PROGRAM
ON SEXUAL 
HEALTH.— 
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(1) ESTABLISHMENT.—The Director of the De-
fense Health Agency shall carry out a five-year tele-
health pilot program for sexual health (in this sub-
section referred to as the ‘‘telehealth pilot pro-
gram’’). 
(2) ELIGIBILITY.—An individual is eligible to 
participate in the telehealth pilot program if the in-
dividual is a member of the uniformed services on 
active duty enrolled in TRICARE Prime, without re-
gard to whether a health care professional has re-
ferred the individual for such participation. 
(3) APPLICATIONS.— 
(A) IN
GENERAL.—Eligible individuals 
seeking to participate in the telehealth pilot 
program shall submit to the Director an appli-
cation for participation at such time, in such 
form, and containing such information as the 
Director may prescribe. 
(B) ONLINE ACCESSIBILITY.—Any applica-
tion form under subparagraph (A) shall be ac-
cessible online. 
(4) NUMBER OF PARTICIPANTS.—In selecting 
participants for the telehealth pilot program from 
among eligible individuals who have submitted an 
application in accordance with paragraph (3), the 
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Director may establish a cap limiting the number of 
such participants only if— 
(A) the Director determines that such lim-
ited participation is necessary as a result of 
limited provider availability; and 
(B) not later than 30 days after making 
such determination, the Director submits to the 
congressional defense committees a report that 
includes— 
(i) a description of the limited pro-
vider availability upon which the Director 
has based such determination; 
(ii) an identification of the total num-
ber of eligible individuals who have sub-
mitted an application in accordance with 
paragraph (3); and 
(iii) an estimated timeline for lifting 
the cap established. 
(5) TELEHEALTH SCREENINGS.— 
(A) IN
GENERAL.—Under the telehealth 
pilot program, the Director shall furnish to any 
eligible individual who elects to participate in 
such program a telehealth screening. During 
such screening, a health care provider shall— 
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(i) conduct a remote assessment with 
respect to the individual’s sexual health, 
including any medication conditions related 
to the individual’s sexual health 
(ii) provide comprehensive counseling 
on the full range of methods of contracep-
tion available to the individual, in accord-
ance with the clinical practice guidelines 
established under section 718 of the Na-
tional Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 129 Stat. 
686; 10 U.S.C. 1074d note); 
(iii) as applicable, diagnose the indi-
vidual or, pursuant to subparagraph (B), 
order 
appropriate 
follow-up 
diagnostic 
services as necessary as a result of the as-
sessment under clause (i); and 
(iv) prescribe such prescription medi-
cations, including contraceptives or Pre- 
Exposure Prophylaxis, as may be deter-
mined necessary by the provider as a result 
of such assessment. 
(B) 
LABORATORY
DIAGNOSTIC
SERV-
ICES.—In diagnosing an individual under sub-
paragraph (A)(iii), a health care provider may 
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furnish to the individual such laboratory diag-
nostic services as may be necessary for the di-
agnosis (including mail-order laboratory diag-
nostic services). 
(C) PRESCRIPTIONS.—The Director shall 
ensure that prescriptions under subparagraph 
(A)(iv) may be filled through either military 
medical treatment facility pharmacies or the na-
tional mail-order pharmacy program under the 
TRICARE program. 
(6) FOLLOW-UP REMOTE APPOINTMENTS.—If a 
health care provider prescribes medications to an in-
dividual pursuant to a screening under the telehelath 
pilot program, that health care provider shall con-
duct such follow-up remote appointments as may be 
necessary to monitor the health of the individual fol-
lowing fulfilment of the prescription. 
(7) COORDINATION WITH FACILITIES.—The Di-
rector shall coordinate with each military com-
mander or director of a military medical treatment 
facility to facilitate the provision through the facility 
of laboratory and other services necessary for the 
furnishment of screenings and the fulfilment of pre-
scriptions under the telehealth pilot program. 
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(8) CONTRACT
AUTHORITY.—In carrying out 
the telehealth pilot program, the Director may enter 
into contracts under such program with providers of 
mail-order laboratory services and providers of mail- 
order contraceptives or Pre-Exposure Prophylaxis 
for the furnishment of laboratory services or the ful-
filment of prescriptions under paragraph (5). 
(9) REPORTS.—Not later than one year after 
the date of the enactment of this Act, and annually 
thereafter for five years, the Secretary of Defense 
shall submit to the congressional defense committees 
a report on the status and effects of the telehealth 
pilot program. Each such report shall include, with 
respect to the year covered by the report, the fol-
lowing: 
(A) The number of health care providers 
who have furnished services under the tele-
health pilot program, dissagregated by whether 
the provider is a TRICARE network provider. 
(B) The average wait time for screenings 
under the telehealth pilot program. 
(C) Any effect of the telehealth pilot pro-
gram with respect to the Defense Health Agen-
cy. 
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(D) Such other information relating to the 
status or effect of the telehealth pilot program 
as may be determined relevant by the Sec-
retary. 
(b) PILOT PROGRAM ON REQUIRED SEXUAL HEALTH 
SCREENINGS.— 
(1) IN GENERAL.—The Director of the Defense 
Health Agency shall carry out a five-year pilot pro-
gram to require certain sexual health screenings (in 
this subsection referred to as the ‘‘pilot program’’). 
(2) SEXUAL HEALTH SCREENINGS.— 
(A) IN
GENERAL.—Under the pilot pro-
gram, the Director shall ensure that, during the 
period in which the pilot program is carried out, 
each covered member completes a sexual health 
screening on an annual basis and prior to any 
deployment of the covered member. 
(B) NOTICE REQUIREMENT.—The Director 
shall ensure that, prior to a covered member re-
ceiving a sexual health screening under the pilot 
program, the covered member is provided no-
tice, and submits an acknowledgment, that the 
results of such screening shall be subject to the 
confidentiality provisions under paragraph (3). 
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(C) OPTION
FOR
FOLLOW-UP
APPOINT-
MENT.—Following the provision of a sexual 
health screening to a covered member under the 
pilot program, the covered member may elect to 
receive a follow-up appointment related to such 
screening. Any such follow-up appointment shall 
be conducted by the provider specified in para-
graph (4) responsible for reviewing the results 
of the screening. 
(3) CONFIDENTIALITY.— 
(A) TRANSMISSION OF RESULTS OUTSIDE 
CHAIN OF COMMAND.—Except as provided in 
subparagraph (B), the results of a sexual health 
screening furnished to a covered member under 
the pilot program shall be transmitted for re-
view to the provider specified in paragraph (4) 
at the military medical treatment facility near-
est to the location at which the screening was 
furnished. Such results may not be transmitted 
to or otherwise accessed by the following: 
(i) Any individual in the chain of com-
mand of the covered member. 
(ii) The primary health care provider 
for the unit of the covered member. 
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(B) EXCEPTION
AT
ELECTION
OF
MEM-
BER.—The results of a sexual health screening 
furnished to a covered member under the pilot 
program may be transmitted for review to, or 
otherwise accessed by, the primary health care 
provider for the unit of the covered member at 
the election of the covered member. 
(C) SEVERABILITY OF RESULTS.—If a sex-
ual health screening under the pilot program is 
furnished as part of a periodic health assess-
ment (or other similar assessment) provided to 
a covered member, the results of such screening 
shall be separated from the other results of the 
assessment for purposes of separate trans-
mission and review in accordance with subpara-
graph (A). 
(4) SEXUAL HEALTH OR INFECTIOUS DISEASE 
HEALTH CARE PROVIDERS.—The Director shall en-
sure that at each military medical treatment facility 
there is a health care provider with a specialty in 
sexual health or infectious diseases who shall review 
screening results under the pilot program. 
(5) REPORTS.—Not later than one year after 
the date of the enactment of this Act, and annually 
thereafter for five years, the Secretary of Defense 
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shall submit to the congressional defense committees 
a report on the status and effects of the pilot pro-
gram. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered member’’ means a mem-
ber of a uniformed service described in section 
1074(a)(2) of title 10, United States Code. 
(2) The term ‘‘military medical treatment facil-
ity’’ means a facility specified in section 1073d of 
title 10, United States Code. 
(3) 
The 
terms 
‘‘TRICARE 
Prime’’ 
and 
‘‘TRICARE program’’ have the meaning given those 
terms in section 1072 of such title. 
SEC. 784. DROP BOXES ON MILITARY INSTALLATIONS FOR 
DEPOSIT OF UNUSED PRESCRIPTION DRUGS. 
(a) DROP BOXES.—The Secretary of Defense shall 
ensure there is maintained on each military installation 
a drop box that is accessible to members of the Armed 
Forces and the family members thereof, into which such 
members and family members may deposit unused pre-
scription drugs. 
(b) PRESCRIPTION DRUG DEFINED.—In this section, 
the term ‘‘prescription drug’’ has the meaning given that 
term in section 1074g(i) of title 10, United States Code. 
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SEC. 785. FUNDING FOR PANCREATIC CANCER RESEARCH. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 1405 for the De-
fense Health Program, as specified in the corresponding 
funding table in section 4501, for Defense Health Pro-
gram, R&D research is hereby increased by $5,000,000 
(with the amount of such increase to be used in support 
of the CRDMP Program for Pancreatic Cancer Research). 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 301 for operation and main-
tenance, Defense-wide, as specified in the corresponding 
funding table in section 4301, for administration and serv-
ice-wide activities, Defense Human Resources Activity, 
line 240, is hereby reduced by $5,000,000. 
SEC. 786. PSYCHOLOGICAL EVALUATIONS FOR MEMBERS 
OF THE ARMED FORCES RETURNING FROM 
KABUL. 
(a) INITIAL EVALUATION.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall provide an initial psychological evaluation 
to each member of the Armed Forces who— 
(1) served at the Hamid Karzai International 
Airport in Kabul, Afghanistan, between August 15 
and August 29, 2021; and 
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(2) has not already received a psychological 
evaluation with respect to such service. 
(b) ADDITIONAL EVALUATIONS.—The Secretary of 
Defense shall provide to each member of the Armed 
Forces who receives a psychological evaluation under sub-
section (a), or would have received such an evaluation but 
for the application of subsection (a)(2)— 
(1) an additional psychological evaluation not 
later than two years after the date of the enactment 
of this Act; and 
(2) a second additional psychological evaluation 
not later than five years after the date of the enact-
ment of this Act. 
(c) REPORTING REQUIREMENT.—Not later than 220 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on the number of members of the 
Armed Forces, broken down by component (National 
Guard, Reserve, and Active), that are eligible for, and re-
ceive, an initial psychological evaluation— 
(1) under subsection (a); or 
(2) otherwise resulting from service at the 
Hamid Karzai International Airport in Kabul, Af-
ghanistan, between August 15 and August 29, 2021. 
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SEC. 787. ANNUAL REVIEW AND UPDATE OF ONLINE INFOR-
MATION RELATING TO SUICIDE PREVENTION. 
Not later than September 30, 2023, and on an an-
nual basis thereafter, each Secretary of a military depart-
ment shall— 
(1) review any information relating to suicide 
prevention or behavioral health, including any con-
tact information for related resources, that is pub-
lished on an Internet website of the military depart-
ment at the installation level; 
(2) make updates to such information as may 
be necessary; and 
(3) submit to the congressional defense commit-
tees a certification that such information is up-to- 
date. 
SEC. 788. FUNDING FOR POST-TRAUMATIC STRESS DIS-
ORDER. 
(a) FUNDING.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated by section 1405 for the De-
fense Health Program, as specified in the corresponding 
funding table in such division, is hereby increased by 
$2,500,000 for post-traumatic stress disorder. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated by section 1405 for the Defense Health 
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Program, as specified in the corresponding funding tables 
in division D, for Private Sector Care is hereby reduced 
by $2,500,000. 
SEC. 789. INCREASED COLLABORATION WITH NIH TO COM-
BAT TRIPLE NEGATIVE BREAST CANCER. 
(a) IN GENERAL.—The Office of Health of the De-
partment of Defense shall work in collaboration with the 
National Institutes of Health to— 
(1) identify specific genetic and molecular tar-
gets and biomarkers for triple negative breast can-
cer; and 
(2) provide information useful in biomarker se-
lection, drug discovery, and clinical trials design that 
will enable both— 
(A) triple negative breast cancer patients 
to be identified earlier in the progression of 
their disease; and 
(B) the development of multiple targeted 
therapies for the disease. 
(b) FUNDING.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated by section 1405 for the De-
fense Health Program, as specified in the corresponding 
funding tables in division D, is hereby increased by 
$10,000,000 to carry out subsection (a). 
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(c) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated by section 1405 for the Defense Health 
Program, as specified in the corresponding funding tables 
in division D, for Private Sector Care is hereby reduced 
by $10,000,000. 
SEC. 790. PILOT PROGRAM TO IMPROVE MILITARY READI-
NESS THROUGH NUTRITION AND WELLNESS 
INITIATIVES. 
(a) PILOT PROGRAM.—The Secretary of Defense, in 
consultation with the Secretaries of the military depart-
ments, shall carry out a pilot program to improve military 
readiness through nutrition and wellness initiatives. 
(b) UNIT SELECTION.—The Secretary of Defense 
shall select for participation in the pilot program under 
subsection (a) a unit at a basic training facility or an early 
instructional facility of a military department. 
(c) ELEMENTS.—The pilot program under subsection 
(a) shall include the following activities: 
(1) The development, and administration to the 
unit selected pursuant to subsection (b), of an edu-
cational curriculum relating to nutrition, physical 
fitness, the proper use of supplements, and any 
other human performance elements determined rel-
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evant by the Secretary of the military department 
with jurisdiction over the unit. 
(2) The provision to the unit of health-related 
testing. 
(3) The provision to the unit of dietary supple-
ments. 
(d) IMPLEMENTING PARTNER.— 
(1) SELECTION.—The Secretary of Defense 
shall select as an implementing partner a single con-
tractor to both carry out all of the activities under 
subsection (c) and manufacture at a manufacturing 
facility owned by the contractor the dietary supple-
ments to be provided pursuant to subsection (c)(3). 
In making such selection, the Secretary shall ensure 
that the contractor enforces an appropriate level of 
third-party review with respect to the quality and 
safety of products manufactured, as determined by 
the Secretary. 
(2) CONSIDERATIONS.— In selecting the con-
tractor under paragraph (1), the Secretary shall con-
sider the following: 
(A) Whether the contractor has the ability 
to carry out each activity under subsection (c), 
in addition to the ability to manufacture the di-
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etary supplements to be provided pursuant to 
subsection (c)(3). 
(B) Whether the manufacturing facility of 
the contractor is a fully independent, third- 
party certified, manufacturing facility that 
holds the highest ‘‘Good Manufacturing Prac-
tice’’ certification or rating possible, as issued 
by a regulatory agency of the Federal govern-
ment. 
(C) Whether the manufacturing facility of 
the contractor, and all finished products manu-
factured therein, have been verified by a third- 
party as free from banned substances and con-
taminants. 
(D) Whether the contractor is in compli-
ance with the adverse event reporting policy 
and third-party adverse event monitoring policy 
of the Food and Drug Administration. 
(E) Whether the contractor implements a 
stability testing program that supports product 
expiration dating. 
(F) Whether the contractor has a credible 
and robust environment, social, and governance 
policy that articulates responsibilities and an-
nual goals. 
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(G) Whether the contractor has dem-
onstrated at least five years of operation as a 
business in good standing in the industry. 
(H) Whether the contractor has a dem-
onstrated history of maintaining relationships 
with nationally-recognized medical and health 
organizations. 
(e) COORDINATION.—In carrying out the pilot pro-
gram under subsection (a), the contractor selected under 
subsection (d) shall coordinate with the following: 
(1) Command, training, and medical officers 
and noncommissioned officers. 
(2) Outside experts (including experts with rel-
evant experience from research and testing organiza-
tions, credible medical committees, or hospitals) that 
may lend personalized support, capture data, and fa-
cilitate third-party adverse event reporting. 
(f) DURATION.—The pilot program under subsection 
(a) shall be for a period of six months. 
(g) REPORT.—Upon the termination of the pilot pro-
gram under subsection (a), the Secretary of Defense shall 
submit to the congressional defense committees a report 
on the results of the pilot program, including any findings 
or data from the pilot program, and a recommendation 
by the Secretary of Defense for improvements to the readi-
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ness of the Armed Forces based on such findings and 
data. 
SEC. 791. GUIDANCE FOR ADDRESSING HEALTHY RELA-
TIONSHIPS AND INTIMATE PARTNER VIO-
LENCE THROUGH TRICARE PROGRAM. 
The Secretary of Defense shall disseminate guidance 
on— 
(1) the provision through the TRICARE Pro-
gram of universal education on healthy relationships 
and intimate partner violence; and 
(2) implementation of protocols through the 
TRICARE Program for— 
(A) routine assessment of intimate partner 
violence and sexual assault; and 
(B) promotion and strategies for trauma- 
informed care plans. 
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TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. WRITING AWARD TO ENCOURAGE CURIOSITY AND 
PERSISTENCE IN OVERCOMING OBSTACLES 
IN ACQUISITION. 
(a) IN GENERAL.—Chapter 87 of title 10, United 
States Code, is amended by inserting after section 1742 
the following new section: 
‘‘§ 1743. Writing award to encourage curiosity and 
persistence in overcoming obstacles in 
the defense acquisition system 
‘‘(a) ESTABLISHMENT.—The President of the De-
fense Acquisition University shall establish an award to 
recognize members of the acquisition workforce who use 
an iterative writing process to document a first-hand ac-
count of using independent judgment to overcome an ob-
stacle the member faced while working within the defense 
acquisition system (as defined in section 3001 of this 
title). 
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‘‘(b) SUBMISSION REQUIRED.—A member of the ac-
quisition workforce desiring an award under this section 
shall submit to the President such first-hand account. 
‘‘(c) AMOUNT OF AWARD.—A recipient of an award 
under this section shall receive $10,000. 
‘‘(d) NUMBER OF AWARDS.—The President of the 
Defense Acquisition University may make not more than 
five awards each year. 
‘‘(e) WEBPAGE.—The President of the Defense Ac-
quisition University shall establish and maintain a 
webpage to serve as a repository for submissions made 
under subsection (b). Such webpage shall allow for public 
comments and discussion. 
‘‘(f) CONTENTS OF SUBMISSION.—The recipient of 
an award under this section shall demonstrate in the sub-
mission described under subsection (b)— 
‘‘(1) an original and engaging idea documenting 
the use of independent judgment to overcome an ob-
stacle the recipient faced while working within the 
defense acquisition system; and 
‘‘(2) the use of an iterative writing process, in-
cluding evidence of— 
‘‘(A) critical thinking; 
‘‘(B) incorporation of feedback from di-
verse perspectives; and 
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‘‘(C) editing to achieve plain writing (as 
defined in section 3 of the Plain Writing Act of 
2010 (5 U.S.C. 301 note)). 
‘‘(g) FUNDING.—The Secretary of Defense shall use 
funds from the Defense Acquisition Workforce Develop-
ment Account to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after section 1742 the following new item: 
‘‘1743. Writing award to encourage curiosity and persistence in overcoming ob-
stacles in acquisition.’’. 
SEC. 802. DATA REQUIREMENTS FOR COMMERCIAL ITEM 
PRICING NOT BASED ON ADEQUATE PRICE 
COMPETITION. 
(a) INFORMATION REQUIRED.—Section 3455 of title 
10, United States Code, is amended— 
(1) in subsection (b)— 
(A) by inserting ‘‘(1)’’ before ‘‘A sub-
system’’; 
(B) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) With respect to a subsystem for which a con-
tracting officer made a determination under paragraph 
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(1)(B) and for a subsystem proposed as commercial (as 
defined in section 103(1) of title 41, United States Code) 
and that has not previously been determined commercial 
in accordance with section 3703(d) of this title, the offeror 
shall provide the following information: 
‘‘(A) An identification of a comparable commer-
cial product that is customarily used by the general 
public or nongovernmental entities that serves as the 
basis for assertion that the proposed subsystem is a 
commercial product. 
‘‘(B) A comparison of the essential physical 
characteristics and functionality between the pro-
posed subsystem and the comparable commercial 
product in support of such assertion. 
‘‘(C) The national stock number (as defined in 
section 101-30.101-3 of title 41, Code of Federal 
Regulations (or a successor regulation)), if available, 
for the comparable commercial product and the pro-
posed subsystem.’’; 
(2) in subsection (c), by adding at the end the 
following new paragraph: 
‘‘(3) With respect to components or spare parts pro-
posed as commercial for which a contracting officer made 
a determination under paragraph (1)(B), the offeror shall 
provide the following information for components or spare 
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parts proposed as commercial (as defined in section 
103(1) of title 41, United States Code) and that have not 
previously been determined commercial in accordance with 
section 3703(d) of this title: 
‘‘(A) An identification of a comparable commer-
cial product that is customarily used by the general 
public or nongovernmental entities that serves as the 
basis for the assertion that the proposed components 
or spare parts are commercial products. 
‘‘(B) A comparison of the essential physical 
characteristics and functionality between the pro-
posed components or spare parts and the com-
parable commercial product in support of such as-
sertion. 
‘‘(C) The national stock number (as defined in 
section 101-30.101-3 of title 41, Code of Federal 
Regulations (or a successor regulation)), if available, 
for the comparable commercial product and the pro-
posed components or spare parts.’’. 
(b) 
MODIFICATIONS
TO
INFORMATION
SUB-
MITTED.—Section 3455(d) is amended— 
(1) in the subsection heading, by inserting 
‘‘FOR
CERTAIN
PROCUREMENTS’’ 
after 
‘‘SUB-
MITTED’’; 
(2) in paragraph (1)— 
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(A) in the matter preceding subparagraph 
(A), by striking ‘‘section,’’ and all that follows 
through ‘‘to submit’’ and inserting ‘‘section that 
are not subject to the exceptions in section 
3703(a)(1) of this title, the offeror shall be re-
quired to submit to or to provide access to the 
contracting officer, on an unredacted basis’’; 
(B) in subparagraph (A)— 
(i) by inserting ‘‘all’’ before ‘‘prices 
paid’’; and 
(ii) by inserting ‘‘, and the contents of 
such terms and conditions’’ after ‘‘com-
mercial customers’’; 
(C) in subparagraph (B)— 
(i) by striking ‘‘information on’’ and 
all that follows through ‘‘same or similar’’ 
and inserting ‘‘information on prices for 
the same or similar’’; 
(ii) by striking ‘‘conditions;’’ and in-
serting ‘‘conditions, and the contents of 
such terms and conditions; and’’; and 
(iii) by striking clauses (ii), (iii), and 
(iv). 
(D) in subparagraph (C)— 
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(i) by striking ‘‘reasonableness of 
price,’’ and inserting the following: ‘‘rea-
sonableness of price because the com-
parable products provided by the offeror 
are not a valid basis for a price analysis, 
or the contracting officer determines the 
proposed price is not reasonable after eval-
uating prices paid, the offeror shall be re-
quired to provide’’; and 
(ii) by inserting before the period at 
the end the following: ‘‘, where a request 
for cost data shall be approved at a level 
above the contracting officer’’. 
SEC. 803. PREFERENCE FOR DOMESTIC FOODS FOR MILI-
TARY WORKING DOGS. 
(a) IN GENERAL.—Chapter 287 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 3906. Preference for domestic foods for military 
working dogs 
‘‘With respect to the acquisition of food for military 
working dogs by the Defense Logistics Agency, the Direc-
tor of the Defense Logistic Agency shall give a preference 
for the acquisition of food that is manufactured or pro-
duced— 
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‘‘(1) in the United States; 
‘‘(2) by an entity that is based in the United 
States; and 
‘‘(3) using only ingredients and materials that 
were grown, mined, manufactured, or produced in 
the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for chapter 287 of title 10, United States Code, is amend-
ed by adding at the end the following new item: 
‘‘3906. Preference for domestic food for military working dogs.’’. 
SEC. 804. LIFE CYCLE MANAGEMENT AND PRODUCT SUP-
PORT. 
Section 4324(b) of title 10, United States Code, is 
amended— 
(1) by designating the matter preceding sub-
paragraph (A), as so redesignated, as paragraph (1); 
(2) by redesignating paragraphs (1), (2), (3), 
(4), (5), (6), (7), and (8) as subparagraphs (A), (B), 
(C), (D), (E), (F), (G), and (I), respectively; 
(3) in paragraph (1), as so designated— 
(A) in the matter preceding subparagraph 
(A), as so redesignated— 
(i) by inserting ‘‘IN GENERAL.—’’ be-
fore ‘‘Before granting’’ ; and 
(ii) by inserting after ‘‘approved life 
cycle sustainment plan’’ the following: ‘‘ap-
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proved by all covered individuals for such 
covered system’’; 
(B) by amending subparagraph (G), as so 
redesignated, to read as follows: 
‘‘(G) an intellectual property management 
plan for product support, including access to 
technical data and computer software, as well 
as contract delivery requirements for the data 
rights;’’; 
(C) by inserting after subparagraph (G), 
as so redesignated, the following new subpara-
graph: 
‘‘(H) an estimate of the number of per-
sonnel needed to operate and maintain the cov-
ered system;’’; 
(D) in subparagraph (I), as so redesig-
nated, by striking the period at the end and in-
serting ‘‘; and’’ at the end; and 
(E) by inserting after subparagraph (I), as 
so redesignated, the following new subpara-
graph: 
‘‘(J) a product support business case anal-
ysis that— 
‘‘(i) addresses— 
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‘‘(I) the costs, benefits, and risks 
to sustainment associated with the 
performance goals; 
‘‘(II) the engineering and design 
considerations; 
‘‘(III) intellectual property, in-
cluding access to technical data and 
computer software; and 
‘‘(IV) the number of personnel 
needed to operate and maintain the 
covered system; and 
‘‘(ii) explicitly addresses— 
‘‘(I) the tradeoffs made between 
the factors described in clause (i); and 
‘‘(II) the associated implications 
of such tradeoffs for— 
‘‘(aa) design, development, 
production, and operating and 
support costs; 
‘‘(bb) operational and mate-
riel availability; 
‘‘(cc) the mix of active and 
reserve components of the mili-
tary, Government civilian em-
ployee, host nation support, and 
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contractor personnel to operate 
and maintain the covered system; 
and 
‘‘(dd) the ability of the Gov-
ernment to retain core logistics 
capability identified under section 
2464 and comply with the re-
quirements under section 2466.’’; 
and 
(4) by adding at the end the following new 
paragraphs: 
‘‘(2) SUBSEQUENT
PHASES.—Before granting 
approval for entry of the covered system into each 
subsequent phase of the acquisition after the phase 
described in section 4172(e)(7), the milestone deci-
sion authority shall ensure that the life cycle 
sustainment plan described in paragraph (1) for 
such covered system has been updated and again ap-
proved by all covered individuals for such covered 
system. 
‘‘(3) COVERED INDIVIDUALS DEFINED.—In this 
subsection, the term ‘covered individuals’ means— 
‘‘(A) a product support manager described 
in subsection (c); 
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‘‘(B) a program manager (as defined in 
section 1737(a)); 
‘‘(C) a program executive officer (as de-
fined in section 1737(a)); and 
‘‘(D) an appropriate materiel, logistics, or 
fleet representative.’’. 
SEC. 805. EXTENSION OF REQUIREMENT TO SUBMIT SE-
LECTED ACQUISITION REPORTS. 
(a) REPEAL OF TERMINATION.—Section 4351 of title 
10, United States Code, is amended by striking subsection 
(j). 
(b) REPEAL OF TERMINATION OF CERTAIN ADDI-
TIONAL REPORTS.—Section 1051(x) of the National De-
fense Authorization Act for Fiscal Year 2018 is amended 
by striking paragraph (4). 
SEC. 806. AMENDMENTS TO CONTRACTOR EMPLOYEE PRO-
TECTIONS FROM REPRISAL FOR DISCLOSURE 
OF CERTAIN INFORMATION. 
(a) DEFENSE CONTRACTS.— 
(1) ADDITION
OF
GRANTEES, SUBGRANTEES, 
AND
PERSONAL
SERVICES
CONTRACTORS.—Section 
4701 of title 10, United States Code, is amended— 
(A) in subsection (a), in paragraphs (2)(G) 
and (3)(A), by striking ‘‘or subcontractor’’ and 
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(III) by striking ‘‘Inspector Gen-
eral determines’’ and inserting ‘‘In-
spector General, Special Inspector 
General, or Chair (as applicable) de-
termines’’; and 
(IV) by striking ‘‘Inspector Gen-
eral shall’’ and inserting ‘‘Inspector 
General, Special Inspector General, or 
Chair (as applicable) shall’’; 
(ii) in paragraph (2), by striking ‘‘In-
spector General’’ each place it appears and 
inserting ‘‘Inspector General, Special In-
spector General, or Chair (as applicable)’’; 
and 
(iii) in paragraph (3), by striking ‘‘In-
spector General’’ each place it appears and 
inserting ‘‘Inspector General, Special In-
spector General, or Chair (as applicable)’’; 
(D) in subsection (c)— 
(i) in the matter preceding subpara-
graph (A) of paragraph (1), by striking 
‘‘contractor concerned’’ and inserting ‘‘con-
tractor, 
subcontractor, 
grantee, 
sub-
grantee, or personal services contractor 
concerned’’; and 
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(ii) in paragraph (1), by inserting 
after ‘‘Order the contractor’’ each place it 
appears the following: ‘‘, subcontractor, 
grantee, subgrantee, or personal services 
contractor’’; 
(iii) in paragraph (2), by inserting 
after ‘‘contractor’’ the following: ‘‘, subcon-
tractor, grantee, subgrantee, or personal 
services contractor’’; 
(E) in subsection (d), by striking ‘‘and 
subcontractors’’ and inserting ‘‘, subcontrac-
tors, grantees, subgrantees, and personal serv-
ices contractors’’; and 
(F) in subsection (e)(2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘or grantee of’’ and 
inserting ‘‘grantee, subgrantee, or personal 
services contractor of’’; and 
(ii) in subparagraph (B), by striking 
‘‘or grantee’’ and inserting ‘‘grantee, or 
subgrantee’’. 
(2) ADDITIONAL AMENDMENTS.—Such section 
is further amended in subsection (c)(1) by adding at 
the end the following new subparagraph: 
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‘‘(D) Consider disciplinary or corrective action 
against any Department or Administration official, 
if appropriate.’’. 
(b) CIVILIAN AGENCY CONTRACTS.— 
(1) IN
GENERAL.—Section 4712 of title 41, 
United States Code, is amended— 
(A) in subsection (a)(2)(G), by striking ‘‘or 
subgrantee’’ and inserting ‘‘subgrantee, or per-
sonal services contractor’’; 
(B) in subsection (a)(2), by adding at the 
end the following new subparagraphs: 
‘‘(H) The Pandemic Response Account-
ability Committee (established under section 
15010 of title V of division B of the CARES 
Act (Public Law 116–136)). 
‘‘(I) The Integrity Committee of the Coun-
cil of the Inspectors General on Integrity and 
Efficiency.’’; 
(C) in subsection (b)(1), by striking ‘‘or 
subgrantee’’ and inserting ‘‘subgrantee, or per-
sonal services contractor’’; 
(D) in subsection (c)— 
(i) in paragraph (1)— 
(I) by striking ‘‘or subgrantee’’ 
each place it appears and inserting 
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‘‘subgrantee, or personal services con-
tractor’’; and 
(II) by adding at the end the fol-
lowing new subparagraph: 
‘‘(D) Consider disciplinary or corrective ac-
tion against any executive branch official, if ap-
propriate.’’; and 
(ii) in paragraph (2), by striking ‘‘or 
subgrantee’’ and inserting ‘‘subgrantee, or 
personal services contractor’’; 
(E) in subsection (d), by striking ‘‘and 
subgrantees’’ and inserting ‘‘subgrantees, and 
personal services contractors’’; 
(F) in subsection (f)(2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘or subgrantee’’ and 
inserting ‘‘subgrantee, or personal services 
contractor’’; and 
(ii) in subparagraph (B), by striking 
‘‘or 
subgrantee’’ 
and 
inserting 
‘‘sub-
grantee, or personal services contractor’’; 
and 
(G) by amending subsection (g)(2) to read 
as follows: 
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‘‘(2) The term ‘Inspector General’ means any 
Inspector General established by Federal law, includ-
ing— 
‘‘(A) an Inspector General appointed under 
the Inspector General Act of 1978 (5 U.S.C. 
App.); 
‘‘(B) the Special Inspector General for 
Pandemic Recovery; 
‘‘(C) the Special Inspector General for Af-
ghanistan Reconstruction; 
‘‘(D) the Special Inspector General for the 
Troubled Asset Relief Program; and 
‘‘(E) any Inspector General that receives 
funding from, or has oversight over contracts 
awarded for or on behalf of, the executive agen-
cy concerned.’’. 
(2) ADDITIONAL AMENDMENTS.— 
(A) IN GENERAL.—Section 4705 of title 
41, United States Code, is repealed. 
(B) CONFORMING AMENDMENTS.— 
(i) TITLE 38.—Subchapter II of chap-
ter 7 of title 38, United States Code, is 
amended— 
(I) in section 731(c)(4)— 
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(aa) by striking ‘‘section 
4705(b) or’’; and 
(bb) by striking ‘‘, as the 
case may be’’; and 
(II) in section 733(a)(5), by 
striking ‘‘section 4705 or’’. 
(ii) 
TITLE
49.—Section 
40110(d)(2)(C) of title 49, United States 
Code, is amended by inserting ‘‘, as in ef-
fect immediately before the enactment of 
the National Defense Authorization Act for 
Fiscal Year 2022,’’ before ‘‘shall apply’’. 
SEC. 807. ENHANCED DOMESTIC CONTENT REQUIREMENT 
FOR MAJOR DEFENSE ACQUISITION PRO-
GRAMS. 
(a) ASSESSMENT REQUIRED.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees a report assessing the domestic 
source content of procurements carried out in con-
nection with a major defense acquisition program. 
(2) INFORMATION REPOSITORY.—The Secretary 
of Defense shall establish an information repository 
for the collection and analysis of information related 
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to domestic source content for products the Sec-
retary deems critical, where such information can be 
used for continuous data analysis and program man-
agement activities. 
(b) ENHANCED
DOMESTIC
CONTENT
REQUIRE-
MENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), for purposes of chapter 83 of title 41, 
United States Code, manufactured articles, mate-
rials, or supplies procured in connection with a 
major defense acquisition program are manufactured 
substantially all from articles, materials, or supplies 
mined, produced, or manufactured in the United 
States if the cost of such component articles, mate-
rials, or supplies— 
(A) supplied not later than the date of the 
enactment of this Act, exceeds 60 percent of 
cost of the manufactured articles, materials, or 
supplies procured; 
(B) supplied during the period beginning 
January 1, 2024, and ending December 31, 
2028, exceeds 65 percent of the cost of the 
manufactured articles, materials, or supplies; 
and 
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(C) supplied on or after January 1, 2029, 
exceeds 75 percent of the cost of the manufac-
tured articles, materials, or supplies. 
(2) EXCLUSION FOR CERTAIN MANUFACTURED 
ARTICLES.—Paragraph (1) shall not apply to manu-
factured articles that consist wholly or predomi-
nantly of iron, steel, or a combination of iron and 
steel. 
(3) RULEMAKING
TO
CREATE
A
FALLBACK 
THRESHOLD.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary of Defense shall issue rules 
to determine the treatment of the lowest price 
offered for a foreign end product for which 55 
percent or more of the component articles, ma-
terials, or supplies of such foreign end product 
are manufactured substantially all from articles, 
materials, or supplies mined, produced, or man-
ufactured in the United States if— 
(i) the application paragraph (1) re-
sults in an unreasonable cost; or 
(ii) no offers are submitted to supply 
manufactured articles, materials, or sup-
plies manufactured substantially all from 
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articles, materials, or supplies mined, pro-
duced, or manufactured in the United 
States. 
(B) TERMINATION.—Rules issued under 
this paragraph shall cease to have force or ef-
fect on January 1, 2030. 
(4) APPLICABILITY.—The requirements of this 
subsection— 
(A) shall apply to contracts entered into on 
or after the date of the enactment of this Act; 
and 
(B) shall not apply to a country that is a 
member of the national technology and indus-
trial base (as defined by section 4801 of title 
10, United States Code). 
(c) MAJOR DEFENSE ACQUISITION PROGRAM DE-
FINED.—The term ‘‘major defense acquisition program’’ 
has the meaning given in section 4201 of title 10, United 
States Code. 
SEC. 808. MISSION-BASED RAPID ACQUISITION ACCOUNT. 
(a) ESTABLISHMENT.—There is established in the 
Department of Defense an account to be known as the 
‘‘Mission-Based Rapid Acquisition Account’’ (in this sec-
tion referred to as the ‘‘Account’’) to support the pilot 
program. 
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(b) USE OF FUNDS.—The Deputy Secretary of De-
fense may use the funds in the Account to carry out the 
pilot program. 
(c) SEMIANNUAL BRIEFING.—The Deputy Secretary 
of Defense shall include in each briefing submitted under 
subsection (f)(1)(A) of section 871 of the National De-
fense Authorization Act for Fiscal Year 2022 (Public Law 
117–81; 135 Stat. 1855; 10 U.S.C. 191 note) after the 
date of the enactment of this Act a briefing on the use 
of funds in the Account, including— 
(1) how the Deputy Secretary of Defense has 
used such funds to incent new small businesses to 
enter transactions for prototype projects with the 
Department; 
(2) support the rapid transition of the solutions 
described in subsection (c)(2)(B) of such section 871 
to warfighters; and 
(3) whether additional funding flexibility is 
needed to scale technologies. 
(d) PILOT PROGRAM DEFINED.—In this section, the 
term ‘‘pilot program’’ means the pilot program established 
under section 871 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1855; 10 U.S.C. 191 note). 
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SEC. 809. PREFERENCE FOR OFFERORS THAT MEET CER-
TAIN REQUIREMENTS. 
(a) IN GENERAL.—Chapter 241 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 3310. PREFERENCE FOR OFFERORS THAT MEET CER-
TAIN REQUIREMENTS. 
‘‘(a) IN GENERAL.—In awarding contracts for the 
procurement of goods or services, the Secretary of Defense 
shall prioritize offerors that meet any of the following 
qualifications: 
‘‘(1) The offeror has entered into an agree-
ment— 
‘‘(A) with a labor organization; 
‘‘(B) that provides the manner in which 
the offeror will— 
‘‘(i) act with respect to lawful efforts 
by such labor organization to organize the 
employees of such offeror, including an 
agreement that the offeror will not assist, 
deter, or promote such efforts; and 
‘‘(ii) engage in collective bargaining 
with such labor organization; and 
‘‘(C) that is effective for the duration of 
the contract to be awarded. 
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‘‘(2) The offeror has entered into an agreement 
with a majority of the employees of the offeror or a 
labor organization, effective for the duration of the 
contract to be awarded, not to hire individuals to re-
place any employee of the offeror engaged in any 
strike, picketing, or other concerted refusal to work 
or to close a business in response to such a strike, 
picketing, or other refusal to work. 
‘‘(3) The offeror has a collective bargaining 
agreement with a labor organization or a majority of 
the employees of the offeror. 
‘‘(b) PRIORITIZATION ORDER.—The Secretary of De-
fense shall further prioritize an offeror under subsection 
(a) for each qualification described in such subsection that 
such offeror meets. 
‘‘(c) 
APPLICATION.—The 
prioritization 
required 
under this section shall— 
‘‘(1) be applied after any other preference or 
priority applicable to the award of the contract; 
‘‘(2) be accorded weight that is not less than 
such other preference or priority; and 
‘‘(3) not be construed as superseding or replac-
ing any such other preference or priority. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to preempt, displace, or supplant 
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any provision of the National Labor Relations Act (29 
U.S.C. 151 et seq.). 
‘‘(e) EMPLOYEE; EMPLOYER; LABOR ORGANIZATION 
DEFINED.—In this section, the terms ‘employee’, ‘em-
ployer’, and ‘labor organization’ have the meanings given 
such terms in section 2 of the National Labor Relations 
Act (29 U.S.C. 152).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for Chapter 241 of title 10, United States Code, is amend-
ed by adding at the end the following new item: 
‘‘3310. Preference for offerors that meet certain requirements.’’. 
(c) APPLICABILITY.—This section and the amend-
ments made by this section shall apply only with respect 
to contracts entered into on or after the date of the enact-
ment of this Act. 
Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 811. MEMBERSHIP OF COAST GUARD ON STRATEGIC 
MATERIALS PROTECTION BOARD. 
Section 187(a)(2) of title 10, United States Code, is 
amended by adding at the end the following: 
‘‘(F) A senior official of the Coast Guard, as 
designated by the Secretary of the agency or depart-
ment in which the Coast Guard operates, only with 
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respect to matters of the Board relating to the Coast 
Guard.’’. 
SEC. 812 . COMPTROLLER GENERAL ASSESSMENT OF AC-
QUISITION PROGRAMS AND EFFORTS. 
Section 3072 of title 10, United States Code, is 
amended— 
(1) in the section heading, by striking ‘‘initia-
tives’’ and inserting ‘‘efforts’’; 
(2) in subsection (a)— 
(A) by striking ‘‘initiatives’’ and inserting 
‘‘efforts’’; and 
(B) by striking ‘‘2023’’ and inserting 
‘‘2026’’; 
(3) in subsection (b), by striking ‘‘initiatives’’ 
each place it appears and inserting ‘‘efforts’’; and 
(4) in subsection (c)— 
(A) in the subsection heading, by striking 
‘‘INITIATIVES’’ and inserting ‘‘EFFORTS’’; and 
(B) by striking ‘‘initiatives’’ each place it 
appears and inserting ‘‘efforts’’. 
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SEC. 813. SUBCONTRACTING REQUIREMENTS FOR CERTAIN 
CONTRACTS AWARDED TO EDUCATIONAL IN-
STITUTIONS. 
(a) IN GENERAL.—Section 3204 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(h) SUBCONTRACTING REQUIREMENTS FOR CON-
TRACTS AWARDED TO EDUCATIONAL INSTITUTIONS.— 
‘‘(1) IN
GENERAL.—The head of an agency 
shall require that a contract awarded to an edu-
cational institution pursuant to subsection (a)(3)(B) 
includes a requirement that the educational institu-
tion subcontract with one or more minority institu-
tions for a total amount of not less than 2 percent 
of the amount awarded in the contract. 
‘‘(2) MINORITY
INSTITUTION.—In this sub-
section, the term ‘minority institution’ means— 
‘‘(A) a part B institution (as that term is 
defined in section 322(2) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1061(2))); or 
‘‘(B) any other institution of higher edu-
cation (as that term is defined in section 101 
of such Act (20 U.S.C. 1001)) for which not 
less than 50 percent of the total student enroll-
ment consists of students from ethnic groups 
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that are underrepresented in the fields of 
science and engineering.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall— 
(1) take effect on October 1, 2026; and 
(2) apply with respect to contracts awarded by 
the Secretary of Defense on or after such date. 
SEC. 814. CLARIFICATION TO FIXED-PRICE INCENTIVE CON-
TRACT REFERENCES. 
(a) AUTHORITY TO ACQUIRE INNOVATIVE COMMER-
CIAL PRODUCTS
AND COMMERCIAL SERVICES USING 
GENERAL SOLICITATION COMPETITIVE PROCEDURES.— 
Section 3458(c)(2) of title 10, United States Code, is 
amended by striking ‘‘fixed-price incentive fee contracts’’ 
and inserting ‘‘fixed-price incentive contracts’’. 
(b) CONTRACTOR INCENTIVES TO ACHIEVE SAVINGS 
AND IMPROVE MISSION PERFORMANCE.—Section 832 of 
the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 10 U.S.C. 1746 note) is 
amended by striking ‘‘fixed-price incentive fee contracts’’ 
and inserting ‘‘fixed-price incentive contracts’’. 
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SEC. 815. MODIFICATION TO INDEMNIFICATION AUTHOR-
ITY 
FOR 
RESEARCH 
AND 
DEVELOPMENT 
CONTRACTS. 
(a) IN GENERAL.—Section 3861 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘Secretary of 
the military department concerned’’ and inserting 
‘‘Secretary of Defense’’; 
(2) in subsection (c), by striking ‘‘Secretary’’ 
and all that follows through ‘‘by him,’’ and inserting 
‘‘Secretary of Defense’’; and 
(3) in subsection (d), by striking ‘‘Secretary 
concerned’’ and inserting ‘‘Secretary of Defense’’. 
(b) CONFORMING AMENDMENT.—Section 1684 of the 
National Defense Authorization Act for Fiscal Year 2022 
(Public Law 117-81; 135 Stat. 2123) is amended by in-
serting ‘‘or the Secretary of Defense, as applicable,’’ after 
‘‘Secretary concerned’’. 
(c) APPLICABILITY.—This section and the amend-
ments made by this section shall apply to contracts en-
tered into on or after the date of the enactment of this 
Act. 
SEC. 816. COMPETITION REQUIREMENTS FOR PURCHASES 
FROM FEDERAL PRISON INDUSTRIES. 
(a) COMPETITION REQUIREMENTS FOR PURCHASES 
FROM FEDERAL PRISON INDUSTRIES.—Section 3905 of 
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title 10, United States Code, is amended by striking sub-
sections (a) and (b) and inserting the following new sec-
tions: 
‘‘(a) MARKET
RESEARCH.—Before purchasing a 
product listed in the latest edition of the Federal Prison 
Industries catalog published under section 4124(d) of title 
18, the Secretary of Defense shall conduct market re-
search to determine whether such product— 
‘‘(1) is comparable to products available from 
the private sector; and 
‘‘(2) best meets the needs of the Department of 
Defense in terms of price, quality, and time of deliv-
ery. 
‘‘(b) COMPETITION REQUIREMENT.—If the Secretary 
determines that a Federal Prison Industries product is not 
comparable to products available from the private sector 
and does not best meet the needs of the Department of 
Defense in terms of price, quality, or time of delivery, the 
Secretary shall use competitive procedures or make an in-
dividual purchase under a multiple award contract for the 
procurement of the product. In conducting such a competi-
tion or making such a purchase, the Secretary shall con-
sider a timely offer from Federal Prison Industries.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on February 1, 2023. 
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SEC. 817. CLARIFICATION OF AUTHORITY OF THE DEPART-
MENT OF DEFENSE TO CARRY OUT CERTAIN 
PROTOTYPE PROJECTS. 
Subsection (f) of section 4022 of title 10, United 
States Code, is amended to read as follows: 
‘‘(f) FOLLOW-ON
PRODUCTION
CONTRACTS
OR 
TRANSACTIONS.—(1) A transaction entered into under 
this section for a prototype project shall provide for the 
award of a follow-on production contract or transaction 
to the participants in the transaction. A transaction in-
cludes all individual prototype subprojects awarded under 
the transaction to a consortium of United States industry 
and academic institutions. 
‘‘(2) A follow-on production contract or transaction 
provided for in a transaction under paragraph (1) may 
be awarded to the participants in the transaction without 
the use of competitive procedures, notwithstanding the re-
quirements of chapter 221 of this title and even if explicit 
notification was not listed within the request for proposal 
for the transaction if— 
‘‘(A) competitive procedures were used for the 
selection of parties for participation in the trans-
action; and 
‘‘(B) the participants in the transaction suc-
cessfully completed the prototype project provided 
for in the transaction.’’. 
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SEC. 818. REQUIREMENTS FOR THE PROCUREMENT OF 
CERTAIN COMPONENTS FOR CERTAIN NAVAL 
VESSELS AND AUXILIARY SHIPS. 
(a) REQUIREMENTS
FOR
THE PROCUREMENT
OF 
CERTAIN COMPONENTS FOR NAVAL VESSELS.—Section 
4864(a)(2) of title 10, United States Code, is amended 
by adding at the end the following new subparagraph: 
‘‘(G) Ship shafts and propulsion system 
components (including reduction gears and pro-
pellers).’’. 
(b) REQUIREMENT THAT CERTAIN AUXILIARY SHIP 
COMPONENTS BE MANUFACTURED
IN
THE NATIONAL 
TECHNOLOGY AND INDUSTRIAL BASE.— 
(1) TECHNICAL AMENDMENT.—Section 4864 of 
title 10, United States Code, is amended by redesig-
nating subsection (l) (relating to ‘‘Implementation of 
auxiliary ship component limitation’’) as subsection 
(k). 
(2) COMPONENTS
FOR
AUXILIARY
SHIPS.— 
Paragraph (3) of section 4864(a) of title 10, United 
States Code, is amended to read as follows: 
‘‘(3) COMPONENTS
FOR
AUXILIARY
SHIPS.— 
Subject to subsection (k), the following components: 
‘‘(A) Large medium-speed diesel engines. 
‘‘(B) Propulsion system components, in-
cluding reduction gears and propellers.’’. 
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(3) IMPLEMENTATION.—Subsection (k) of sec-
tion 4864 of title 10, United States Code, as redes-
ignated by paragraph (1), is amended to read as fol-
lows: 
‘‘(k) IMPLEMENTATION OF AUXILIARY SHIP COMPO-
NENT LIMITATION.—Subsection (a)(3) shall apply only 
with respect to contracts awarded by a Secretary of a mili-
tary department for construction of a new class of auxil-
iary ship after the date of the enactment of this Act using 
funds available for National Defense Sealift Fund pro-
grams or Shipbuilding and Conversion, Navy.’’. 
SEC. 819. MODIFICATION TO PROHIBITION ON OPERATION 
OR PROCUREMENT OF FOREIGN-MADE UN-
MANNED AIRCRAFT SYSTEMS. 
Section 848 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 
4871 note) is amended— 
(1) by redesignating subsections (b), (c), and 
(d) as subsections (c), (d), and (e), respectively; 
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) PROHIBITION ON CERTAIN CONTRACTS.—The 
Secretary of Defense may not— 
‘‘(1) procure or obtain, or extend or renew a 
contract to procure or obtain any equipment, sys-
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‘‘(A) Da-Jiang Innovations (or any sub-
sidiary or affiliate of Da-Jiang Innovations). 
‘‘(B) Any entity that produces or provides 
unmanned aircraft systems and is included on 
Consolidated Screening List maintained by the 
International Trade Administration of the De-
partment of Commerce. 
‘‘(C) Any entity that produces or provides 
unmanned aircraft systems and— 
‘‘(i) is domiciled in a covered foreign 
country; or 
‘‘(ii) is subject to unmitigated foreign 
ownership, control or influence by a cov-
ered foreign country, as determined by the 
Secretary of Defense unmitigated foreign 
ownership, control or influence in accord-
ance with the National Industrial Security 
Program (or any successor to such pro-
gram).’’. 
SEC. 820. EXTENSION OF PILOT PROGRAM TO ACCELERATE 
CONTRACTING AND PRICING PROCESSES. 
Section 890 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115– 
232) is amended— 
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(1) in subsection (a)(2), by striking ‘‘of’’ before 
‘‘chapter 271’’; and 
(2) in subsection (c), by striking ‘‘January 2, 
2023’’ and inserting ‘‘January 2, 2024’’. 
SEC. 821. EXTENSION AND MODIFICATION OF NEVER CON-
TRACT WITH THE ENEMY. 
Subtitle E of title VIII of the Carl Levin and Howard 
P. ‘‘Buck’’ McKeon National Defense Authorization Act 
for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 
4871 note prec.) is amended— 
(1) in section 841— 
(A) in subsection (i)(1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘2016, 2017, and 
2018’’ and inserting ‘‘2023, and annually 
thereafter’’; and 
(ii) by adding at the end the following 
new subparagraphs: 
‘‘(C) Specific examples where the authori-
ties under this section can not be used to miti-
gate national security threats posed by vendors 
supporting Department operations because of 
the restriction on using such authorities only 
with respect to contingency operations. 
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‘‘(D) A description of the policies ensuring 
that oversight of the use of the authorities in 
this section is effectively carried out by a single 
office in the Office of the Under Secretary of 
Defense for Acquisition and Sustainment.’’; and 
(B) in subsection (n), by striking ‘‘Decem-
ber 31, 2023’’ and inserting ‘‘December 31, 
2025’’; and 
(2) in section 842(b)(1), by striking ‘‘2016, 
2017, and 2018’’ and inserting ‘‘2023, 2024, and 
2025’’. 
SEC. 822. REQUIRE FULL DOMESTIC PRODUCTION OF 
FLAGS OF THE UNITED STATES ACQUIRED BY 
THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Section 4862 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by inserting ‘‘and in sub-
section (l)’’ after ‘‘subsections (c) through (h)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(l) FLAG
OF
THE
UNITED
STATES.—Notwith-
standing subsection (a), funds appropriated or otherwise 
available to the Department of Defense may not be used 
for the procurement of a flag of the United States unless 
such flag is manufactured— 
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‘‘(1) in the United States; and 
‘‘(2) from articles, materials, and supplies 
grown, mined, produced, or manufactured in the 
United States.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply only with respect to contracts en-
tered into on or after the date of the enactment of this 
Act. 
SEC. 823. GUIDELINES AND RESOURCES ON THE ACQUISI-
TION 
OR 
LICENSING 
OF 
INTELLECTUAL 
PROPERTY. 
Section 3791 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) GUIDELINES AND RESOURCES.— 
‘‘(1) IN GENERAL.—The Secretary of Defense, 
acting through the Under Secretary of Defense for 
Acquisition and Sustainment, shall develop guide-
lines and resources on the acquisition or licensing of 
intellectual property, including— 
‘‘(A) model forms for specially negotiated 
licenses described under section 3774(c) of this 
title (as appropriate); and 
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‘‘(B) an identification of definitions, key 
terms, examples, and case studies that resolve 
ambiguities in the differences between— 
‘‘(i) detailed manufacturing and proc-
ess data; 
‘‘(ii) form, fit, and function data; and 
‘‘(iii) data required for operations, 
maintenance, installation, and training. 
‘‘(2) CONSULTATION.—In developing the guide-
lines and resources described in paragraph (1), the 
Secretary shall regularly consult with appropriate 
persons.’’. 
SEC. 824. COMPLIANCE PROCEDURES FOR INVESTIGATING 
THE PROHIBITION ON CRIMINAL HISTORY IN-
QUIRIES BY FEDERAL CONTRACTORS PRIOR 
TO CONDITIONAL OFFER. 
(a) DEFENSE CONTRACTS.—Section 4657 of title 10, 
United States Code, is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) COMPLIANCE.— 
‘‘(1) PROCEDURES FOR SUBMISSION OF COM-
PLAINT.—The Secretary of Defense shall establish, 
and make available to the public, procedures under 
which an applicant for a position with a Department 
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of Defense contractor may submit to the Secretary 
a complaint, or any other information, relating to 
compliance by the contractor with subsection 
(a)(1)(B). 
‘‘(2) INVESTIGATION OF COMPLIANCE.—In ad-
dition to the authority to investigate compliance by 
a contractor with subsection (a)(1)(B) pursuant to a 
complaint submitted under paragraph (1) of this 
subsection, the Secretary of Defense may investigate 
compliance with subsection (a)(1)(B) in conducting 
a compliance evaluation under section 60–1.20, 60– 
300.60, or 60–741.60 of title 41, Code of Federal 
Regulations (or any successor regulation).’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘, based upon the re-
sults of a complaint investigation or com-
pliance evaluation conducted by the Sec-
retary of Defense under section 60–1.20, 
60–300.60, or 60–741.60 of title 41, Code 
of Federal Regulations (or any successor 
regulation)’’ after ‘‘determines’’; 
(ii) in subparagraph (C), by striking 
‘‘warning’’ and inserting ‘‘notice’’; and 
(B) in paragraph (2)— 
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(i) by inserting ‘‘, based upon the re-
sults of a complaint investigation or com-
pliance evaluation conducted by the Sec-
retary of Defense under section 60–1.20, 
60–300.60, or 60–741.60 of title 41, Code 
of Federal Regulations (or any successor 
regulation),’’ after ‘‘determines’’; 
(ii) by inserting ‘‘as may be nec-
essary’’ after ‘‘Federal agencies’’; and 
(iii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) taking an action to impose a sanction 
described under section 202(7) of Executive 
Order 11246 (related to equal employment op-
portunity) and section 60–1.27 of title 41, Code 
of Federal Regulations (or any successor regu-
lation).’’. 
(b) CIVILIAN AGENCY CONTRACTS.—Section 4714(b) 
of title 41, United States Code, is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) COMPLIANCE.— 
‘‘(1) PROCEDURES FOR SUBMISSION OF COM-
PLAINT.—The Secretary of Labor shall establish, 
and make available to the public, procedures under 
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which an applicant for a position with a Federal 
contractor may submit to the Secretary a complaint, 
or any other information, relating to compliance by 
the contractor with subsection (a)(1)(B). 
‘‘(2) INVESTIGATION OF COMPLIANCE.—In ad-
dition to the authority to investigate compliance by 
a contractor with subsection (a)(1)(B) pursuant to a 
complaint submitted under paragraph (1) of this 
subsection, the Secretary of Labor may investigate 
compliance with subsection (a)(1)(B) in conducting 
a compliance evaluation under section 60–1.20, 60– 
300.60, or 60–741.60 of title 41, Code of Federal 
Regulations (or any successor regulation).’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘head of an executive 
agency’’ 
and 
inserting 
‘‘Secretary 
of 
Labor’’; 
(ii) by inserting ‘‘, based upon the re-
sults of a complaint investigation or com-
pliance evaluation conducted by the Sec-
retary of Labor under section 60–1.20, 
60–300.60, or 60–741.60 of title 41, Code 
of Federal Regulations (or any successor 
regulation)’’ after ‘‘determines’’; 
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(iii) by striking ‘‘such head’’ and in-
serting ‘‘the Secretary of Labor’’; and 
(iv) in subparagraph (C), by striking 
‘‘warning’’ and inserting ‘‘notice’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘head of an executive 
agency’’ 
and 
inserting 
‘‘Secretary 
of 
Labor’’; 
(ii) by inserting ‘‘, based upon the re-
sults of a complaint investigation or com-
pliance evaluation conducted by the Sec-
retary of Labor under section 60–1.20, 
60–300.60, or 60–741.60 of title 41, Code 
of Federal Regulations (or any successor 
regulation),’’ after ‘‘determines’’; 
(iii) by striking ‘‘such head’’ and in-
serting ‘‘the Secretary of Labor’’; 
(iv) by inserting ‘‘as may be nec-
essary’’ after ‘‘Federal agencies’’; and 
(v) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) taking an action to impose a sanction 
described under section 202(7) of Executive 
Order 11246 (related to equal employment op-
portunity) and section 60–1.27 of title 41, Code 
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of Federal Regulations (or any successor regu-
lation).’’. 
(c) EFFECTIVE DATE.—This Act, and the amend-
ments made by this Act, shall apply with respect to con-
tracts awarded on or after December 20, 2022. 
SEC. 825. REESTABLISHMENT OF COMMISSION ON WAR-
TIME CONTRACTING. 
(a) IN GENERAL.—There is hereby reestablished in 
the legislative branch under section 841 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 230) the Commission on War-
time Contracting. 
(b) AMENDMENT TO DUTIES.—Section 841(c)(1) of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 231) is amended 
to read as follows: 
‘‘(1) GENERAL DUTIES.—The Commission shall 
study the following matters: 
‘‘(A) Federal agency contracting funded by 
overseas contingency operations funds. 
‘‘(B) Federal agency contracting for the 
logistical support of coalition forces operating 
under the authority of the 2001 or 2002 Au-
thorization for the Use of Military Force. 
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‘‘(C) Federal agency contracting for the 
performance of security functions in countries 
where coalition forces operate under the author-
ity of the 2001 or 2002 Authorization for the 
Use of Military Force.’’. 
(c) CONFORMING AMENDMENTS.—Section 841 of the 
National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 230) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘the 
Committee on Oversight and Government Re-
form’’ each place it appears and inserting ‘‘the 
Committee on Oversight and Reform’’; 
(B) in paragraph (2), by striking ‘‘of this 
Act’’ and inserting ‘‘of the date of the enact-
ment of the National Defense Authorization Act 
for Fiscal Year 2023’’; and 
(C) in paragraph (4), by striking ‘‘was 
first established’’ each place it appears and in-
serting ‘‘was reestablished by the National De-
fense Authorization Act for Fiscal Year 2023’’; 
and 
(2) in subsection (d)(1), by striking ‘‘On March 
1, 2009’’ and inserting ‘‘Not later than one year 
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after the date of enactment of the National Defense 
Authorization Act for Fiscal Year 2023’’. 
Subtitle C—Provisions Relating to 
Acquisition Workforce 
SEC. 831. KEY EXPERIENCES AND ENHANCED PAY AUTHOR-
ITY FOR ACQUISITION WORKFORCE EXCEL-
LENCE. 
(a) PARTICIPATION IN THE PUBLIC-PRIVATE TALENT 
EXCHANGE PROGRAM.— 
(1) IN GENERAL.—Section 1701a(b) of title 10, 
United States Code, is amended— 
(A) in paragraph (9)(C), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (10), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(11) ensure participation in the public-private 
talent exchange program established under section 
1599g of this title— 
‘‘(A) for a total of 100 members of the ac-
quisition workforce in fiscal year 2024; 
‘‘(B) for a total of 500 such members in 
fiscal year 2025; and 
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‘‘(C) for a total of 1,000 such members in 
fiscal year 2026 and each fiscal year there-
after.’’. 
(2) 
TECHNICAL
AMENDMENT.—Section 
1701a(b)(2) of title 10, United States Code, is fur-
ther amended by striking ‘‘as defined’’ and all that 
follows through ‘‘this title’’ and inserting ‘‘as defined 
in section 3001 of this title’’. 
(b) ENHANCED PAY AUTHORITY FOR POSITIONS IN 
DEPARTMENT OF DEFENSE FIELD ACTIVITIES AND DE-
FENSE
AGENCIES.—Section 1701b(e)(2) of title 10, 
United States Code, is amended to read as follows: 
‘‘(2) NUMBER OF POSITIONS.—The authority in 
subsection (a) may not be used at any one time with 
respect to— 
‘‘(A) more than five positions, in total, in 
Department of Defense Field Activities and De-
fense Agencies; 
‘‘(B) more than five positions in the Office 
of the Secretary of Defense; and 
‘‘(C) more than five positions in each mili-
tary department.’’. 
(c) REPORT REQUIREMENTS.— 
(1) REPORT ON PUBLIC-PRIVATE TALENT EX-
CHANGES.—Section 1599g of title 10, United States 
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Code, is amended by adding at the end the following 
new subsection: 
‘‘(k) REPORT.—Each member of the acquisition 
workforce that participates in the program established 
under this section shall, upon completion of such partici-
pation, submit to the President of the Defense Acquisition 
University for inclusion in the report required under sec-
tion 1746a(e) a description and evaluation of such partici-
pation.’’. 
(2) REPORT ON ACQUISITION WORKFORCE EDU-
CATIONAL PARTNERSHIPS.—Section 1746a(e) of title 
10, United States Code, is amended by striking 
‘‘and the congressional defense committees’’ and in-
serting ‘‘, the congressional defense committees, the 
Committee on Oversight and Reform of the House 
of Representatives, and the Committee on Homeland 
Security and Government Affairs of the Senate’’. 
SEC. 832. DEFENSE ACQUISITION UNIVERSITY REFORMS. 
(a) IN GENERAL.—Section 1746 of title 10, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) by amending paragraph (2) to read as 
follows: 
‘‘(2) The Secretary of Defense shall ensure the de-
fense acquisition university structure includes relevant ex-
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pert lecturers from extramural institutions (as defined in 
section 1746a(g) of this title), industry, or federally fund-
ed research and development centers to advance acquisi-
tion workforce competence regarding commercial business 
interests, acquisition process-related innovations, and 
other relevant leading practices of the private sector.’’; 
(B) by striking paragraph (3); and 
(C) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively; 
(2) in subsection (c), by striking ‘‘commercial 
training providers’’ and inserting ‘‘extramural insti-
tutions (as defined in section 1746a(g) of this 
title)’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) PRESIDENT APPOINTMENT.—(1) The Under 
Secretary of Defense for Acquisition and Sustainment 
shall appoint the President of the Defense Acquisition 
University. 
‘‘(2) When determining who to appoint under para-
graph (1), the Under Secretary of Defense for Acquisition 
and Sustainment shall, in consultation with the Under 
Secretary of Defense for Research and Engineering and 
the service acquisition executives, consider only highly 
qualified candidates who have— 
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‘‘(A) demonstrated leadership abilities; 
‘‘(B) experience using leading practices to de-
velop talent in the private sector; and 
‘‘(C) other qualifying factors, including experi-
ence with and an understanding of the defense ac-
quisition system (as defined in section 3001 of this 
title), an understanding of emerging technologies 
and the defense applications of such technologies, 
experience partnering with States, national associa-
tions, and academia, and experience with learning 
technologies. 
‘‘(3) The term of the President of the Defense Acqui-
sition University shall be not more than five years. The 
preceding sentence does not apply to the President of the 
Defense Acquisition University serving on January 1, 
2022.’’. 
(b) IMPLEMENTATION
REPORT.—Not later than 
March 1, 2023, the Secretary of Defense shall submit to 
the congressional defense committees a plan to modify the 
defense acquisition university structure to comply with 
section 1746(b)(2) of title 10, United States Code, as 
amended by subsection (a). Such plan shall establish a 
date of not later than March 1, 2026, for such modifica-
tion to be completed. 
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SEC. 833. MODIFICATIONS TO DEFENSE CIVILIAN TRAINING 
CORPS. 
Section 2200g of title 10, United States Code, is 
amended— 
(1) by striking ‘‘For the purposes of’’ and all 
that follows through ‘‘establish and maintain’’ and 
inserting the following: ‘‘The Secretary of Defense, 
acting through the Under Secretary for Defense for 
Acquisition and Sustainment, shall establish and 
maintain’’; 
(2) by designating the text of such section, as 
amended by paragraph (1), as subsection (a); and 
(3) by adding at the end the following new sub-
sections: 
‘‘(b) PURPOSE.—The purpose of the Defense Civilian 
Training Corps is to target critical skills gaps necessary 
to achieve the objectives of each national defense strategy 
required by section 113(g) of this title and each national 
security strategy required by section 108 of the National 
Security Act of 1947 (50 U.S.C. 3043) by preparing stu-
dents selected for the Defense Civilian Training Corps for 
Department of Defense careers relating to acquisition, 
digital technologies, critical technologies, science, engi-
neering, finance, and other civilian occupations deter-
mined by the Secretary of Defense. 
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‘‘(c) USE
OF RESOURCES
AND PROGRAMS.—The 
Under Secretary of Defense for Acquisition and 
Sustainment shall use the resources and programs of the 
acquisition research organization within a civilian college 
or university that is described under section 4142(a) of 
this title (commonly referred to as the ‘Acquisition Innova-
tion Research Center’) to carry out the requirements of 
this chapter. 
‘‘(d) CONSULTATION.—In planning and imple-
menting the Defense Civilian Training Corps program, the 
Under Secretary of Defense for Acquisition and 
Sustainment shall consult with the following: 
‘‘(1) The Under Secretary of Defense for Re-
search and Engineering, including the Director of 
the Defense Innovation Unit and the Strategic En-
gagements Director of the National Security Innova-
tion Network. 
‘‘(2) The Chief Digital and Artificial Intel-
ligence Officer (as established by the memorandum 
of the Deputy Secretary of Defense titled ‘Establish-
ment of the Chief Digital and Artificial Intelligence 
Officer’ issued on December 8, 2021). 
‘‘(3) The Chief Information Officer of the De-
partment of Defense. 
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‘‘(4) The Under Secretary of Defense for Per-
sonnel and Readiness. 
‘‘(5) The Secretaries of the military depart-
ments. 
‘‘(6) The Superintendents of the Service Acad-
emies (as defined in section 347 of this title). 
‘‘(7) The Commanding General, U.S. Army 
Cadet Command. 
‘‘(8) The Commander, Jeanne M. Holm Center 
for Officer Accessions and Citizen Development. 
‘‘(9) The Commander, Naval Service Training 
Command.’’. 
SEC. 834. REPEAL OF CERTAIN PROVISIONS RELATING TO 
ACQUISITION WORKFORCE INCENTIVES. 
(a) EXCHANGE PROGRAM FOR ACQUISITION WORK-
FORCE EMPLOYEES.—Section 884 of the National De-
fense Authorization Act for Fiscal Year 2019 (Public Law 
115–232; 132 Stat. 1915; 10 U.S.C. 1701 note) is re-
pealed. 
(b) PILOT PROGRAM ON TEMPORARY EXCHANGE OF 
FINANCIAL
MANAGEMENT
AND
ACQUISITION
PER-
SONNEL.—Section 1110 of the National Defense Author-
ization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) 
is repealed. 
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(c) FLEXIBILITY
IN CONTRACTING AWARD PRO-
GRAM.—Section 834 of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2285; 10 U.S.C. 1701a note) is repealed. 
SEC. 835. ACQUISITION WORKFORCE INCENTIVES RELAT-
ING TO TRAINING ON AND AGREEMENTS 
WITH CERTAIN SOFTWARE BUSINESSES. 
(a) TRAINING.— 
(1) CURRICULA.—Not later than one year after 
the date of the enactment of this Act, the head of 
the Acquisition Innovation Research Center shall de-
velop one or more curricula for members of the ac-
quisition workforce on financing and operations of 
start-up businesses, with a focus on covered start-up 
businesses. 
(2) ELEMENTS.—Courses under curricula devel-
oped under paragraph (1) shall be offered with vary-
ing course lengths and level of study. 
(3) INCENTIVES.—The Secretary of Defense 
shall develop a program to offer incentives to a 
member of the acquisition workforce that completes 
a curriculum developed under paragraph (1). 
(4) ADDITIONAL TRAINING MATERIALS.—In de-
veloping curricula required under paragraph (1), the 
head of the Acquisition Innovation Research Center 
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shall consider and incorporate appropriate training 
materials from curricula in business, law, or public 
policy. 
(b) EXCHANGES.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall establish a pilot program under which the Sec-
retary shall, in accordance with section 1599g of 
title 10, United States Code, arrange for the tem-
porary assignment of one or more members of the 
acquisition workforce to a covered start-up business, 
or from a covered start-up business to an office of 
the Department of Defense. 
(2) PRIORITY.—The Secretary shall prioritize 
for participation in the pilot program established 
under this subsection members of the acquisition 
workforce who have completed a curricula required 
under paragraph (1). 
(3) TERMINATION.—The Secretary may not 
carry out the pilot program authorized by this sub-
section after the date that is three years after the 
date of the enactment of this Act. 
(c) CONFERENCES.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall organize a conference, to take place not less 
frequently than biannually, to facilitate discussion 
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between participants listed in subsection (b) on the 
following: 
(A) Best practices relating to acquisition of 
software. 
(B) Methods of effective collaboration be-
tween such participants. 
(2) PARTICIPANTS.—Participants in a con-
ference organized under paragraph (1) may include 
the following: 
(A) Members of the acquisition workforce. 
(B) Employees of and investors in covered 
start-up businesses. 
(d) PILOT PROGRAM.— 
(1) ESTABLISHMENT.—Not later than 18 
months after the date of the enactment of this Act, 
the Secretary of Defense shall establish a pilot pro-
gram to test the feasibility of unique approaches to 
negotiating and establishing software data rights in 
agreements for the procurement of software. 
(2) AUTHORITY.—To the maximum extent 
practicable, the Secretary shall— 
(A) ensure that a member of the acquisi-
tion workforce who has completed a curricula 
required under subsection (a) is able to exercise 
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authority to apply an approach described in 
paragraph (1); and 
(B) provide incentives to such member to 
exercise such authority. 
(3) ELEMENTS.—An agreement described in 
paragraph (1) shall include the following: 
(A) Flexible requirements relating to the 
acquisition or licensing of intellectual property 
based on the software to be acquired under the 
agreement. 
(B) An identification and definition of the 
technical interoperability standards required for 
such software. 
(C) Flexible mechanisms for delivery of 
code for such software, where each such mecha-
nism includes documentation of the costs and 
benefits of such mechanism. 
(4) PARAMETERS.—The United States shall 
seek to avoid asserting unlimited rights or govern-
ment purpose rights to software acquired under an 
agreement entered into pursuant to the pilot pro-
gram established under this section. 
(5) TERMINATION.—The Secretary may not 
carry out the pilot program authorized by this sub-
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section after the date that is 5 years after the date 
of the enactment of this Act. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Acquisition Innovation Research 
Center’’ means the acquisition research organization 
within a civilian college or university that is de-
scribed under section 4142(a) of title 10, United 
States Code. 
(2) The term ‘‘acquisition workforce’’ has the 
meaning given in section 101 of title 10, United 
States Code. 
(3) The term ‘‘covered start-up businesses’’ 
means a start-up business that is a party to, or is 
seeking to enter into, an agreement with the Depart-
ment of Defense, the products and services of which 
include software as a substantial component of the 
offer for such agreement. 
(4) The term ‘‘start-up business’’ means a busi-
ness that is not publicly traded and that has not 
been acquired by a prime contractor. 
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Subtitle D—Provisions Relating to 
Software and Technology 
SEC. 841. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVE-
MENTS. 
Section 4025 of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘that have’’ and inserting 
‘‘that—’’ 
‘‘(1) have’’; 
(B) by striking ‘‘Defense.’’ and inserting 
‘‘Defense; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) demonstrate management practices that 
improve the schedule or performance, reduce the 
costs, or otherwise support the transition of tech-
nology into acquisition programs or operational 
use.’’; 
(2) in subsection (b), by striking ‘‘of research 
results, technology developments, and prototypes’’; 
(3) in subsection (d), by striking ‘‘to acquire, 
support, or stimulate basic, advanced and applied re-
search, 
technology 
development, 
or 
prototype 
projects’’; 
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(4) in subsection (f), by striking ‘‘section 2304’’ 
and inserting ‘‘chapter 221’’; and 
(5) in subsection (g)(2)— 
(A) by redesignating subparagraphs (B) 
and (C) as subparagraphs (D) and (E), respec-
tively; and 
(B) by inserting after subparagraph (A) 
the following new subparagraphs: 
‘‘(B) if applicable, a summary of the man-
agement practice that contributed to an im-
provement to schedule or performance or a re-
duction in cost relating to the transition of 
technology; 
‘‘(C) an identification of any program exec-
utive officer (as defined in section 1737 of this 
title) responsible for implementation or over-
sight of research results, technology develop-
ment, prototype development, or management 
practices (as applicable) for which an award 
was made under this section, and a brief sum-
mary of lessons learned by such program execu-
tive officer in carrying out such implementation 
or oversight;’’. 
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SEC. 842. CONGRESSIONAL NOTIFICATION FOR PILOT PRO-
GRAM TO ACCELERATE THE PROCUREMENT 
AND 
FIELDING 
OF 
INNOVATIVE 
TECH-
NOLOGIES. 
Section 834 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1835; 10 U.S.C. 4061 note) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f) CONGRESSIONAL
NOTIFICATION.—The Sec-
retary of Defense shall notify congressional defense com-
mittees within 30 days after funding has been provided 
for a proposal selected for an award under the pilot pro-
gram established under this section.’’. 
SEC. 843. CURRICULA ON SOFTWARE ACQUISITIONS AND 
CYBERSECURITY SOFTWARE OR HARDWARE 
ACQUISITIONS FOR COVERED INDIVIDUALS. 
(a) CURRICULA.—The President of the Defense Ac-
quisition University, shall develop training curricula re-
lated to software acquisitions and cybersecurity software 
or hardware acquisitions and offer such curricula to cov-
ered individuals to increase digital literacy related to such 
acquisitions by developing the ability of such covered indi-
viduals to use technology to identify, critically evaluate, 
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and synthesize data and information related to such acqui-
sitions. 
(b) ELEMENTS.—Curricula developed pursuant to 
subsection (a) shall provide information on— 
(1) cybersecurity, information technology sys-
tems, computer networks, cloud computing, artificial 
intelligence, machine learning, distributed ledger 
technologies, and quantum technologies; 
(2) cybersecurity threats and capabilities; 
(3) operational efforts of United States Cyber 
Command to combat cyber threats; 
(4) 
mission 
requirements 
and 
current 
capabilites and systems of United States Cyber 
Command; 
(5) activities that encompass the full range of 
threat reduction, vulnerability reduction, deterrence, 
incident response, resiliency, and recovery policies 
and activities, including activities relating to com-
puter network operations, information assurance, 
military missions, and intelligence missions to the 
extent such activities relate to the security and sta-
bility of cyberspace; and 
(6) the industry best practices relating to soft-
ware acquisitions and cybersecurity software or 
hardware acquisitions. 
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(c) PLAN.—Not later than 180 days after enactment 
of this Act, the Secretary of Defense, in consultation with 
the President of the Defense Acquisition University, shall 
submit to Congress a comprehensive plan to implement 
the curricula developed under subsection (a). Such plan 
shall include a list of resources required for and costs asso-
ciated with such implementation, including— 
(1) curriculum development; 
(2) hiring instructors to teach the curriculum; 
(3) facilities; or 
(4) website development. 
(d) IMPLEMENTATION.—Not later than one year 
after the date on which the plan described in subsection 
(d) is submitted to Congress, the President of the Defense 
Acquisition University shall offer the curricula developed 
under subsection (a) to covered individuals. 
(e) REPORT.—Not later than one year after the date 
on which the plan described in subsection (d) is submitted 
to Congress, Secretary of Defense, in consultation with the 
President of the Defense Acquisition University, shall sub-
mit to Congress a report assessing the costs and benefits 
of requiring all covered individuals to complete the cur-
ricula developed under subsection (a). 
(f) COVERED INDIVIDUALS DEFINED.—In this sec-
tion, the term ‘‘covered individuals’’ means— 
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(1) a contracting officer of the Department of 
Defense with responsibilities are related to software 
acquisitions or cybersecurity software or hardware 
acquisitions; or 
(2) a individual serving in a position designated 
under section 1721(b) of title 10, United States 
Code, who is regularly consulted for software acqui-
sitions or cybersecurity software or hardware acqui-
sitions. 
SEC. 844. REPORT ON COVERED SOFTWARE DEVELOP-
MENT. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter 
through December 31, 2028, the Under Secretary of De-
fense for Acquisition and Sustainment, in consultation 
with the Chief Information Officer of the Department of 
Defense and the Chief Digital and Artificial Intelligence 
Officer, shall submit to the congressional defense commit-
tees a report on the following: 
(1) A description of covered software delivered 
during the fiscal year preceding the date of the re-
port that is being developed using iterative develop-
ment, including a description of the capabilities de-
livered for operational use. 
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(2) For such covered software not developed 
using iterative development, an explanation for not 
using iterative development and a description of the 
development method used. 
(3) For each such covered software being devel-
oped using iterative development, the frequency with 
which capabilities of such covered software were de-
livered, disaggregated as follows: 
(A) Covered software for which capabilities 
were delivered during period of less than three 
months. 
(B) Covered software for which capabilities 
were delivered during period of more than three 
months and less than six months. 
(C) Covered software for which capabilities 
were delivered during period of more than six 
months and less than nine months. 
(D) Covered software for which capabilities 
were delivered during period of more than nine 
months and less than 12 months. 
(4) With respect to covered software described 
in paragraph (2) for which capabilities of such cov-
ered software were not delivered in fewer than 12 
months, an explanation of why such delivery was not 
possible. 
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(b) DEFINITIONS.—In this section: 
(1) The term ‘‘Chief Digital and Artificial Intel-
ligence Officer’’ means— 
(A) the official designated as the Chief 
Digital and Artificial Intelligence Officer of the 
Department of Defense pursuant to the memo-
randum of the Secretary of Defense titled ‘‘Es-
tablishment of the Chief Digital and Artificial 
Intelligence Officer’’ dated December 8, 2021; 
or 
(B) if there is no official designated as 
such Officer, the official within the Office of the 
Secretary of Defense with primary responsi-
bility for digital and artificial intelligence mat-
ters. 
(2) The term ‘‘covered software’’ means soft-
ware that is being developed that— 
(A) was acquired using a software acquisi-
tion pathway established under section 800 of 
the National Defense Authorization Act for Fis-
cal Year 2020 (Public Law 116–92); 
(B) is a covered defense business system, 
as defined in section 2222(i) of title 10, United 
States Code; 
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(C) is a major defense acquisition pro-
gram, as defined in section 4201 of such title; 
or 
(D) is a major system, as defined in sec-
tion 3041 of such title. 
(3) The term ‘‘iterative development’’ has the 
meaning given the term ‘‘agile or iterative develop-
ment’’ in section 891 of the National Defense Au-
thorization Act for Fiscal Year 2018 (Public Law 
115–91; 131 Stat. 1509; 10 U.S.C. 1746 note). 
SEC. 845. OTHER TRANSACTION AUTHORITY CLARIFICA-
TION. 
Section 4022 of title 10, United States Code, is 
amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘military personnel and the 
supporting’’ and inserting ‘‘personnel of the De-
partment of Defense or improving’’; and 
(B) by striking ‘‘or materials in use’’ and 
inserting ‘‘materials, or installations in use’’; 
and 
(2) in subsection (e), by adding at the end the 
following new paragraph: 
‘‘(3) The term ‘prototype project’ means a 
project that addresses— 
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‘‘(A) a proof of concept, model, or process, 
including a business process; 
‘‘(B) reverse engineering to address obso-
lescence; 
‘‘(C) a pilot or novel application of com-
mercial technologies for defense purposes; 
‘‘(D) agile development activity, creation, 
design, development, or demonstration of oper-
ational utility; or 
‘‘(E) any combination of subparagraphs 
(A) through (D).’’. 
SEC. 846. EXISTING AGREEMENT LIMITS FOR OPERATION 
WARP SPEED. 
(a) IN GENERAL.—Any award made to a consortium 
under section 4022 of title 10, United States Code, by 
the Department of Defense on or after March 1, 2020, 
to address the COVID–19 pandemic through vaccines and 
other therapeutic measures using funds made available 
under a covered award shall not be counted toward any 
limit established prior to March 1, 2020, on the total esti-
mated amount of all projects to be issued for a specified 
fiscal year (except that such funds shall count toward 
meeting any guaranteed minimum value). 
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(b) FOLLOW-ON CONTRACTS.—The Secretary of De-
fense may not award a follow-on contract, agreement, or 
grant for any award described in subsection (a)— 
(1) until the limit described in subsection (a) 
has been reached; 
(2) until the term of the award described in 
subsection (a) has expired; or 
(3) unless such follow-on contract, agreement, 
or grant is made accordance with the terms and con-
ditions of the award described in subsection (a). 
(c) COVERED AWARD DEFINED.—In this section, the 
term ‘‘covered award’’ means an award made in support 
of the efforts led by the Department of Health and 
Human Services and the Department of Defense, known 
as Operation Warp Speed, to accelerate the development, 
acquisition, and distribution of vaccines and other thera-
pies to address the COVID–19 pandemic, and any suc-
cessor efforts. 
Subtitle E—Industrial Base Matters 
SEC. 851. RECOGNITION OF AN ASSOCIATION OF ELIGIBLE 
ENTITIES 
THAT 
PROVIDE 
PROCUREMENT 
TECHNICAL ASSISTANCE. 
(a) REGULATIONS.—Section 4953 of title 10, United 
States Code, is amended by inserting ‘‘, and shall consult 
with an association recognized under section 4954(f) re-
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garding any revisions to such regulations’’ before the pe-
riod at the end. 
(b) COOPERATIVE AGREEMENTS.—Section 4954 of 
title 10, United States Code, is amended by adding at the 
end the following new subsections: 
‘‘(f) ASSOCIATION RECOGNITION AND DUTIES.—Eli-
gible entities that provide procurement technical assist-
ance pursuant to this chapter may form an association to 
pursue matters of common concern. If more than a major-
ity of such eligible entities are members of such an asso-
ciation, the Secretary shall— 
‘‘(1) recognize the existence and activities of 
such an association; and 
‘‘(2) jointly develop with such association a 
model cooperative agreement that may be used at 
the option of the Secretary and an eligible entity.’’. 
(c) FUNDING.—Section 4955(a)(1) of title 10, United 
States Code, is amended by striking ‘‘$1,000,000’’ and in-
serting ‘‘$1,500,000’’. 
(d) ADMINISTRATIVE
AND
OTHER
LOGISTICAL 
COSTS.—Section 4961 of title 10, United States Code, is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘Director of the Defense Logistics Agency’’ 
and inserting ‘‘Secretary’’; 
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(2) in paragraph (1), by striking ‘‘three’’ and 
inserting ‘‘four’’; and 
(3) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘Director’’ and insert-
ing ‘‘Secretary’’; and 
(ii) by striking ‘‘entities —’’ and in-
serting ‘‘entities—’’; and 
(B) in subparagraph (A), by inserting ‘‘, 
including meetings of an association recognized 
under section 4954(f),’’ after ‘‘meetings’’. 
SEC. 852. UPDATE TO PLAN ON REDUCTION OF RELIANCE 
ON SERVICES, SUPPLIES, OR MATERIALS 
FROM COVERED COUNTRIES. 
Section 847 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1843; 10 U.S.C. 4811 note) is amended— 
(1) in subsection (b), by adding at the end the 
following: ‘‘The report shall— 
‘‘(1) identify the services, supplies, or materials 
described in subsection (a) that are necessary to 
meet critical defense requirements in the event of a 
crisis or conflict; 
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‘‘(2) assess the priority of such services, sup-
plies, and materials; and 
‘‘(3) provide options for reducing the reliance of 
the United States on services, supplies, or materials 
obtained from sources located in geographic areas 
controlled by covered countries.’’; 
(2) by redesignating subsection (c) as sub-
section (e); and 
(3) by inserting after subsection (b) the fol-
lowing new subsections: 
‘‘(c) BIENNIAL REVIEW.— 
‘‘(1) IN GENERAL.—Not later than two years 
after the date on which the Secretary of Defense 
submits the report under subsection (b), and every 
two years thereafter, the Secretary shall review and 
update the plan required under subsection (a) to en-
sure that the plan continues to accomplish the goals 
described in such subsection. 
‘‘(2) REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the Secretary of Defense completes a 
review under paragraph (1), the Secretary shall 
submit to the congressional defense committees 
a report on such review, including— 
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‘‘(i) a description of the steps taken to 
implement the plan required under sub-
section (a); 
‘‘(ii) a description of, and explanation 
for, any updates made to such plan under 
paragraph (1); and 
‘‘(iii) an updated assessment of the 
priority of the services, supplies, or mate-
rials described in subsection (a) that are 
necessary to meet critical defense require-
ments in the event of a crisis or conflict. 
‘‘(B) SUNSET.—This paragraph shall ter-
minate on the date that is six years after the 
date on which the Secretary submits the first 
report required under subparagraph (A). 
‘‘(d) REPORT FORM.—The reports required under 
subsection (b) and (c)(2) shall be submitted in an unclassi-
fied form, but may contain a classified annex.’’. 
SEC. 853. MODIFICATION TO PROHIBITION ON CERTAIN 
PROCUREMENTS 
FROM 
THE 
XINJIANG 
UYGHUR AUTONOMOUS REGION. 
Section 848(a) of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 
4651 note prec.; 135 Stat. 1843) is amended by striking 
‘‘for fiscal year 2022’’. 
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SEC. 854. CODIFICATION OF THE DEPARTMENT OF DE-
FENSE MENTOR–PROTEGE PROGRAM. 
(a) IN GENERAL.—Section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (10 U.S.C. 
4901 note prec.) is transferred to subchapter I of chapter 
387 of title 10, United States Code, inserted after section 
4901, and redesignated as section 4902. 
(b) AMENDMENTS.—Section 4902 of title 10, United 
States Code, as so transferred and redesignated, is amend-
ed— 
(1) in the heading, by striking ‘‘MENTOR-PRO-
TEGE PILOT’’ and inserting ‘‘DEPARTMENT OF 
DEFENSE MENTOR-PROTEGE’’; 
(2) in subsections (a) and (c), by striking the 
term ‘‘pilot’’ each place it appears; 
(3) in subsection (d)(1)(B)(iii)— 
(A) 
in 
subclause 
(I), 
by 
striking 
‘‘$100,000,000’’ and inserting ‘‘$25,000,000’’; 
and 
(B) in subclause (II), by striking ‘‘sub-
section (k)’’ and inserting ‘‘subsection (j)’’; 
(4) in subsection (e)(2), by striking ‘‘two years’’ 
each place it appears and inserting ‘‘three years’’; 
(5) in subsection (f)(1)(B), by inserting ‘‘manu-
facturing, test and evaluation,’’ after ‘‘inventory con-
trol,’’; 
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(6) in subsection (g)(3)(C), by striking ‘‘sub-
section (k)’’ and inserting ‘‘subsection (j)’’; 
(7) by striking subsection (j); 
(8) by redesignating subsections (k) through 
(n) as subsections (j) through (m), respectively; 
(9) in subsection (j), as so redesignated— 
(A) by striking the term ‘‘pilot’’ each place 
it appears; 
(B) by striking ‘‘by which mentor firms’’ 
and inserting ‘‘by which the parties’’; and 
(C) by striking ‘‘The Secretary shall pub-
lish’’ and all that follows through ‘‘270 days 
after the date of the enactment of this Act.’’; 
(10) in subsection (l), as so redesignated, by 
striking ‘‘subsection (l)’’ and inserting ‘‘subsection 
(k)’’; 
(11) by amending subsection (m), as so redesig-
nated, to read as follows: 
‘‘(m) TRANSITION REPORT.—Not later than July 1, 
2023, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the implementa-
tion of the amendments to the Mentor-Protege Program 
made in the National Defense Authorization Act for Fiscal 
Year 2023, including the efforts made to establish per-
formance goals and outcome-based metrics and an evalua-
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tion of whether the Mentor-Protege Program is achieving 
such performance goals and outcome-based metrics.’’; and 
(12) by inserting after subsection (m), as so re-
designated, the following new subsection: 
‘‘(n) PROTEGE TECHNICAL REIMBURSEMENT PILOT 
PROGRAM.— 
‘‘(1) IN
GENERAL.—Not later than July 1, 
2023, the Director of the Office of Small Business 
Programs of the Department of Defense shall estab-
lish a pilot program under which a protege firm may 
receive up to 25 percent of the reimbursement for 
which the mentor firm of such protege firm is eligi-
ble under the Mentor-Protege Program for engineer-
ing, 
software 
development, 
or 
manufacturing 
customization that the protege firm must perform 
for a technology solution of the protege firm to be 
ready for integration with programs or systems of 
the Department of Defense. 
‘‘(2) TERMINATION.—The pilot program estab-
lished under paragraph (1) shall terminate on the 
date that is five years after the date on which the 
pilot program is established.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subchapter I of chapter 387 of title 10, United States 
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Code, is amended by adding at the end the following new 
item: 
‘‘4902. Department of Defense Mentor–Protege Program.’’. 
(d) CONFORMING AMENDMENT.— 
(1) BUY INDIAN ACT.—Section 23(a)(2) of the 
Act of June 25, 1910 (commonly known as the 
‘‘Buy Indian Act’’) (36 Stat. 861, 25 U.S.C. 
47(a)(2)) is amended by striking ‘‘section 831(c) of 
the National Defense Authorization Act for Fiscal 
Year 1991 (10 U.S.C. 2302 note; Public Law 101– 
510)’’ and inserting ‘‘section 4902(c) of title 10, 
United States Code’’. 
(2) SMALL BUSINESS ACT.—Section 8(d)(12) of 
the Small Business Act (15 U.S.C. 637(d)(12)) is 
amended— 
(A) by striking ‘‘the pilot Mentor-Protege 
Program established pursuant to section 831 of 
the National Defense Authorization Act for Fis-
cal Year 1991 (Public Law 101–510; 10 U.S.C. 
2301 note)’’ and inserting ‘‘the Mentor-Protege 
Program established under section 4902 of title 
10, United States Code,’’; and 
(B) by striking ‘‘subsection (g)’’ and in-
serting ‘‘subsection (f)’’. 
(e) REGULATIONS.—Not later than December 31, 
2023, the Secretary of Defense shall issue regulations for 
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carrying out section 4902 of title 10, United States Code, 
as amended by this section. 
(f) AGREEMENTS UNDER PILOT PROGRAM.—The 
amendments made by this section shall not apply with re-
spect to any agreement entered into under the program 
as established under section 831 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101– 
510; 104 Stat. 1607) prior to the date of the enactment 
of this Act. 
SEC. 855. MICROLOAN PROGRAM; DEFINITIONS. 
Paragraph (11) of section 7(m) of the Small Business 
Act (15 U.S.C. 636(m)(11)) is amended— 
(1) in clause (ii) of subparagraph (C), by strik-
ing ‘‘rural’’ and all that follows to the end of the 
clause and inserting ‘‘rural;’’; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) the term ‘State’ means each of the 
several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Is-
lands of the United States, Guam, the Com-
monwealth of the Northern Mariana Islands, 
and American Samoa.’’. 
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SEC. 856. SMALL BUSINESS INNOVATION PROGRAM EXTEN-
SION. 
Section 9 of the Small Business Act (15 U.S.C. 638) 
is amended by striking ‘‘2022’’ each place it appears and 
inserting ‘‘2024’’. 
SEC. 857. PROHIBITION ON COVERED AIRPORT CONTRACTS 
WITH CERTAIN ENTITIES. 
(a) IN GENERAL.—The Secretary of Defense may not 
award a contract for the procurement of infrastructure or 
equipment for a passenger boarding bridge at a covered 
airport to a covered contractor. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered airport’’ means a mili-
tary airport designated by the Secretary of Trans-
portation under section 47118(a) of title 49, United 
States Code. 
(2) The term ‘‘covered contractor’’ means a 
contractor of the Department of Defense— 
(A) that— 
(i) is owned, directed, or subsidized by 
the People’s Republic of China; and 
(ii) has been determined by a Federal 
court to have misappropriated intellectual 
property or trade secrets from an entity 
organized under the laws of the United 
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States or any jurisdiction within the 
United States; and 
(B) that— 
(i) owns or controls, is owned or con-
trolled by, is under common ownership or 
control with, or is a successor to an entity 
described in subparagraph (A); or 
(ii) has entered into an agreement, 
partnership, or other contractual arrange-
ment with such an entity; or 
(iii) has accepted funding (regardless 
of whether such funding is in the form of 
minority investment interest or debt) from 
such an entity. 
SEC. 858. RISK MANAGEMENT FOR DEPARTMENT OF DE-
FENSE SUPPLY CHAINS. 
(a) RISK MANAGEMENT FOR ALL DEPARTMENT OF 
DEFENSE SUPPLY CHAINS.—Not later than 180 days 
after the date of the enactment of this Act, the Under 
Secretary of Defense for Acquisition and Sustainment 
shall— 
(1) develop and issue implementing guidance 
for risk management for Department of Defense 
supply chains for materiel for the Department, in-
cluding pharmaceuticals; 
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(2) identify, in coordination with the Commis-
sioner of Food and Drugs, supply chain information 
gaps regarding reliance on foreign suppliers of 
drugs, including active pharmaceutical ingredients 
and final drug products; and 
(3) submit to Congress a report regarding— 
(A) existing information streams, if any, 
that may be used to assess the reliance by the 
Department of Defense on high-risk foreign 
suppliers of drugs; 
(B) vulnerabilities in the drug supply 
chains of the Department of Defense; and 
(C) any recommendations to address— 
(i) information gaps identified under 
paragraph (2); and 
(ii) any risks related to such reliance 
on foreign suppliers. 
(b) RISK MANAGEMENT FOR DEPARTMENT OF DE-
FENSE PHARMACEUTICAL SUPPLY CHAIN.—The Director 
of the Defense Health Agency shall— 
(1) not later than one year after the issuance 
of the guidance required by subsection (a)(1), de-
velop and publish implementing guidance for risk 
management for the Department of Defense supply 
chain for pharmaceuticals; and 
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(2) establish a working group— 
(A) to assess risks to the pharmaceutical 
supply chain; 
(B) to identify the pharmaceuticals most 
critical to beneficiary care at military treatment 
facilities; and 
(C) to establish policies for allocating 
scarce pharmaceutical resources in case of a 
supply disruption. 
(c) RESPONSIVENESS TESTING OF DEFENSE LOGIS-
TICS AGENCY PHARMACEUTICAL CONTRACTS.—The Di-
rector of the Defense Logistics Agency shall modify De-
fense 
Logistics 
Agency 
Instructions 
5025.03 
and 
3110.01— 
(1) to require Defense Logistics Agency Troop 
Support to coordinate annually with customers in 
the military departments to conduct responsiveness 
testing of the Defense Logistics Agency’s contin-
gency contracts for pharmaceuticals; and 
(2) to include the results of that testing, as re-
ported by customers in the military departments, in 
the annual reports of the Warstopper Program. 
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SEC. 859. REVIEW OF ADVANCES IN DOMESTIC PRODUC-
TION OF CARBON FIBER. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall conduct a review of the Department of Defense car-
bon fiber requirements necessary for current and future 
weapon system production and sustainment, including— 
(1) an examination of the access to domestically 
produced carbon fiber to meet the requirements of 
the Department; and 
(2) a review of developments in advanced car-
bon fiber production processes that can— 
(A) lower embedded energy consumption 
and improve sustainability; 
(B) enable scalable production of carbon 
fiber and lower production costs; and 
(C) enhance competition and resilience in 
the United States industrial base. 
(b) REPORT.—Not later than June 1, 2023, the Sec-
retary of Defense shall provide to the congressional de-
fense committees a report of the findings of the review 
described in subsection (a), including any recommenda-
tions the Secretary may have for ensuring the Department 
of Defense access to sustainable, affordable, and domesti-
cally produced carbon fiber. 
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SEC. 859A. EXTENSION OF TRANSFER DATE FOR THE 
VERIFICATION OF SMALL BUSINESS CON-
CERNS OWNED AND CONTROLLED BY VET-
ERANS OR SERVICE-DISABLED VETERANS TO 
THE SMALL BUSINESS ADMINISTRATION. 
Section 862(a) of the National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116–283; 15 U.S.C. 
657f) by striking ‘‘means’’ and all that follows through 
the period at the end and inserting ‘‘means January 1, 
2024.’’. 
SEC. 859B. APPLICATION OF PRICE EVALUATION PREF-
ERENCE FOR QUALIFIED HUBZONE SMALL 
BUSINESS 
CONCERNS 
TO 
CERTAIN 
CON-
TRACTS. 
(a) IN GENERAL.—Section 31(c)(3) of the Small 
Business Act (15 U.S.C. 657a(c)(3)) is amended by add-
ing at the end the following new subparagraph: 
‘‘(E) APPLICATION
TO
CERTAIN
CON-
TRACTS.—The requirements of subparagraph 
(A) shall apply to an unrestricted order issued 
under an unrestricted multiple award contract 
or the unrestricted portion of a contract that is 
partially set aside for competition restricted to 
small business concerns.’’. 
(b) RULEMAKING.—Not later than 90 days after the 
date of the enactment of this section, the Administrator 
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of the Small Business Administration shall revise any rule 
or guidance to implement the requirements of this section. 
SEC. 859C. CODIFICATION OF SMALL BUSINESS ADMINIS-
TRATION SCORECARD. 
(a) IN GENERAL.—Section 868(b) of the National 
Defense Authorization Act for Fiscal Year 2016 (15 
U.S.C. 644 note) is transferred to section 15 of the Small 
Business Act (15 U.S.C. 644), inserted after subsection 
(x), redesignated as subsection (y), and amended— 
(1) by striking paragraphs (1), (6), and (7); 
(2) by redesignating paragraph (2), (3), and (4) 
as paragraphs (1), (2), and (3), respectively; 
(3) by redesignating paragraph (8) as para-
graph (6); 
(4) in paragraph (1) (as so redesignated), by 
striking ‘‘Beginning in’’ and all that follows through 
‘‘to evaluate’’ and inserting ‘‘The Administrator 
shall use a scorecard to annually evaluate’’; 
(5) in paragraph (2) (as so redesignated)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘developed under para-
graph (1)’’; and 
(ii) by inserting ‘‘and Government-
wide’’ after ‘‘each Federal agency’’; and 
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(B) in subparagraph (A), by striking ‘‘sec-
tion 15(g)(1)(B) of the Small Business Act (15 
U.S.C. 644(g)(1)(B))’’ and inserting ‘‘sub-
section (g)(1)(B)’’; 
(6) in paragraph (3) (as so redesignated)— 
(A) in subparagraph (A), by striking 
‘‘paragraph (3)(A)’’ and inserting ‘‘paragraph 
(2)(A)’’; and 
(B) in subparagraph (B), by striking 
‘‘paragraph (3)’’ and inserting ‘‘paragraph 
(2)’’; 
(7) by inserting after paragraph (3) (as so re-
designated) the following new paragraph: 
‘‘(4) ADDITIONAL REQUIREMENTS FOR SCORE-
CARDS.—The scorecard shall include, for each Fed-
eral agency and Governmentwide, the following in-
formation with respect to prime contracts: 
‘‘(A) The number (expressed as a percent-
age) and total dollar amount of awards made to 
small business concerns owned and controlled 
by women through sole source contracts and 
competitions restricted to small business con-
cerns owned and controlled by women under 
section 8(m). 
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‘‘(B) The number (expressed as a percent-
age) and total dollar amount of awards made to 
small business concerns owned and controlled 
by qualified HUBZone small business concerns 
through sole source contracts and competitions 
restricted to qualified HUBZone small business 
concerns under section 31(c)(2). 
‘‘(C) The number (expressed as a percent-
age) and total dollar amount of awards made to 
small business concerns owned and controlled 
by service-disabled veterans through sole source 
contracts and competitions restricted to small 
business concerns owned and controlled by serv-
ice-disabled veterans under section 36. 
‘‘(D) The number (expressed as a percent-
age) and total dollar amount of awards made to 
socially and economically disadvantaged small 
business concerns under section 8(a) through 
sole source contracts and competitions re-
stricted to socially and economically disadvan-
taged small business concerns, disaggregated by 
awards made to such concerns that are owned 
and controlled by individuals and awards made 
to such concerns that are owned and controlled 
by an entity.’’; 
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(8) in paragraph (5), by striking ‘‘section 
15(h)(2) of the Small Business Act (15 U.S.C. 
644(h)(2))’’ and inserting ‘‘subsection (h)(2)’’; and 
(9) by amending paragraph (6) (as so redesig-
nated) to read as follows: 
‘‘(6) SCORECARD DEFINED.—In this subsection, 
the term ‘scorecard’ means any summary using a 
rating system to evaluate the efforts of a Federal 
agency to meet goals established under subsection 
(g)(1)(B) that— 
‘‘(A) includes the measures described in 
paragraph (2); and 
‘‘(B) assigns a score to each Federal agen-
cy evaluated.’’. 
(b) CONFORMING AMENDMENT.—Section 15(x)(2) of 
the Small Business Act is amended by striking ‘‘scorecard 
described in section 868(b) of the National Defense Au-
thorization Act for Fiscal Year 2016 (15 U.S.C. 644 
note)’’ and inserting ‘‘scorecard (as defined in subsection 
(y))’’. 
SEC. 859D. MODIFICATIONS TO THE NONMANUFACTURER 
RULE. 
(a) IN GENERAL.—Section 8(a)(17) of the Small 
Business Act (15 U.S.C. 637(a)(17)) is amended by add-
ing at the end the following new subparagraphs: 
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‘‘(D) DENIALS.—Upon denial of a waiver under 
subparagraph (B)(iv)(I), the Administrator shall 
provide a justification of such denial, and if appro-
priate, make recommendations (including examples) 
for resubmitting a request for a waiver. 
‘‘(E) INFORMATION REQUIRED FOR GRANTED 
WAIVERS.—A waiver granted under subparagraph 
(B)(iv)(I) shall include the following information: 
‘‘(i) The date on which the waiver termi-
nates. 
‘‘(ii) A statement specifying that the con-
tract to supply any product for which the waiv-
er was granted must be awarded prior to the 
termination date in clause (i). 
‘‘(iii) The total dollar value of the products 
that are subject to the waiver. 
‘‘(iv) An exclusive list of specific products 
identified by the Administrator that are subject 
to the waiver, regardless of the determination of 
the contracting officer submitted under such 
subparagraph. 
‘‘(v) A list of actions taken by the con-
tracting Federal agency for which a new such 
determination shall be required, including— 
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‘‘(I) modifications to the scope of the 
contract for which the waiver was granted; 
and 
‘‘(II) modifications to the contract 
type of such contract. 
‘‘(F) MODIFICATIONS.—If a Federal agency 
modifies a contract for which a waiver was granted 
under subparagraph (B)(iv)(I) in a manner de-
scribed in subparagraph (E)(v), the head of such 
Federal agency shall notify the Administrator and 
seek a new waiver under subparagraph (B)(iv)(I).’’. 
(b) CONGRESSIONAL NOTIFICATION AND PUBLICA-
TION.—Not later than 15 days after the date of the enact-
ment of this Act, the Administrator of the Small Business 
Administration shall publish on a website of the Adminis-
tration and submit to the Committee on Small Business 
of the House of Representatives and the Committee on 
Small Business and Entrepreneurship of the Senate any 
program guidance or standard operating procedures of the 
Administration relating to the process by which the Ad-
ministrator 
grants 
waivers 
under 
section 
8(a)(17)(B)(iv)(I) of the Small Business Act (15 U.S.C. 
637(a)(17)(B)(iv)(I)). 
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SEC. 859E. STUDY ON SMALL BUSINESS ASSISTANCE TO 
FOREIGN-BASED COMPANIES. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study to determine the amount of 
small business assistance that has been received by for-
eign-based small business concerns during the period be-
ginning on March 1, 2020, and ending on the date of the 
enactment of this Act. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Comptroller General shall submit to Congress a re-
port on the findings of the study conducted under 
subsection (a), including the amount of small busi-
ness assistance that has been received by foreign- 
based 
small 
business 
concerns 
in 
total 
and 
disaggregated by country of origin. 
(2) IDENTIFIABLE OR PROPRIETARY INFORMA-
TION.—The Comptroller General shall ensure that 
the report submitted under paragraph (1) does not 
include any identifiable or proprietary information of 
any foreign-based small business concern. 
(c) DEFINITIONS.—In this section: 
(1) COUNTRY OF ORIGIN.—The term ‘‘country 
of origin’’ means the country, other than the United 
States— 
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(A) in which a foreign-based small business 
concern is headquartered; 
(B) under the laws of which an entity own-
ing or holding, directly or indirectly, not less 
than 25 percent of the economic interest of a 
foreign-based small business concern is orga-
nized; or 
(C) of which a person owning or holding, 
directly or indirectly, not less than 25 percent 
of the economic interest of a foreign-based 
small business concern is a citizen. 
(2) FOREIGN-BASED
SMALL
BUSINESS
CON-
CERN.—The term ‘‘foreign-based small business con-
cern’’ means a small business concern— 
(A) that is headquartered in a country 
other than the United States; or 
(B) for which an entity organized under 
the laws of a country other than the United 
States, or a citizen of such a country, owns or 
holds, directly or indirectly, not less than 25 
percent of the economic interest of the small 
business concern, including as equity shares or 
a capital or profit interest in a limited liability 
company or partnership. 
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(3) SMALL BUSINESS ASSISTANCE.—The term 
‘‘small business assistance’’ means any Federal 
funds and other benefits available to small business 
concerns under programs administered by the Small 
Business Administration, including— 
(A) loans, whether directly or indirectly 
made; 
(B) grants; and 
(C) contracting preferences. 
(4) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given 
such term under section 3 of the Small Business Act 
(15 U.S.C. 632). 
SEC. 859F. REPORT ON STRATEGIC AND CRITICAL MATE-
RIALS. 
(a) FINDINGS.—Congress finds that the annex pro-
vided by the Department of Defense under section 851 
of the William M. (Mac) Thornberry National Defense Au-
thorization Act for Fiscal Year 2021 (Public Law 116- 
283; 134 Stat. 3773) did not contain every element re-
quired under such section. 
(b) REPORT REQUIRED.—Not later than June 1, 
2023, the Under Secretary of Defense for Acquisition and 
Sustainment shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives 
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a report describing strategic and critical materials require-
ments of the Department of Defense, including the gaps 
and vulnerabilities in supply chains of such materials. 
(c) ELEMENTS.—The Under Secretary of Defense for 
Acquisition and Sustainment shall include in the report 
required by subsection (b) the following: 
(1) The overall annual tonnage of each strategic 
or critical material used by the Department of De-
fense during the 10-year period ending on December 
31, 2021. 
(2) An evaluation of the benefits of a robust do-
mestic supply chain for strategic and critical mate-
rials. 
(3) An evaluation of the effects of the use of 
waivers by the Strategic Materials Protection Board 
established under section 187 of title 10, United 
States Code, on the domestic supply of strategic and 
critical materials. 
(4) An identification of the improvements to the 
National Defense Stockpile that are required to fur-
ther ensure that the Department of Defense has ac-
cess to strategic and critical materials, aligning the 
goals of the stockpile with those of the Department 
and prioritize existing and future needs for emerging 
technologies. 
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(5) An evaluation of the domestic processing 
and manufacturing capacity required to supply stra-
tegic and critical materials to the Department of De-
fense, including identifying, in consultation with the 
Director of the United States Geological Survey, do-
mestic locations of proven sources of such strategic 
and critical materials with existing commercial man-
ufacturing capabilities. 
(6) An identification of all minerals that are 
strategic and critical materials, and supply chains 
for such minerals, that originate in or pass through 
the Russian Federation. 
(7) An evaluation of the process required to im-
mediately halt the procurement of minerals de-
scribed in paragraph (6) or products by the Govern-
ment without adversely affecting national security. 
(8) Any limits on the availability of information 
preventing or limiting the Under Secretary from 
fully addressing an element described in paragraphs 
(1) through (7) in the report. 
(9) Any legislative recommendations, statutory 
authority, or appropriations necessary to improve 
the ability of the Department to monitor and ad-
dress its strategic and critical materials require-
ments. 
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(d) FORM.—The report required in subsection (b) 
shall be submitted in unclassified form but may include 
a classified annex. 
(e) STRATEGIC
AND
CRITICAL
MATERIALS
DE-
FINED.—In this section, the term ‘‘strategic and critical 
materials’’ has the meaning given such term in section 12 
of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. §98h–3). 
SEC. 859G. REPORT AND MODIFICATION TO THE NATIONAL 
TECHNOLOGY AND INDUSTRIAL BASE. 
(a) MODIFICATION TO THE NATIONAL TECHNOLOGY 
AND INDUSTRIAL BASE.—Section 4801(1) of title 10, 
United States Code, is amended by inserting ‘‘New Zea-
land,’’ after ‘‘Australia,’’. 
(b) REPORT REQUIRED.—Not later than March 1, 
2023, the Secretary of Defense (or a designee) shall brief 
the Committees on Armed Services of the House of Rep-
resentatives and the Senate on integration of the national 
technology and industrial base (as defined in section 4801 
of title 10, United States Code). The report shall include, 
at a minimum, the following elements: 
(1) Progress towards implementation of the 
plan to increase integration of the national tech-
nology and industrial base developed pursuant to 
section 881(a) of the National Defense Authoriza-
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tion Act for Fiscal Year 2017 (Public Law 114–328; 
10 U.S.C. 2501 note). 
(2) Examples of successful cross border integra-
tion under the national technology and industrial 
base that has enhanced national security and re-
duced barriers to collaboration. 
(3) Recommendations for improving the inte-
gration of the national technology and industrial 
base. 
SEC. 859H. SENSE OF CONGRESS ON MODERNIZING DE-
FENSE SUPPLY CHAIN MANAGEMENT. 
(a) FINDINGS.—Congress finds the following: 
(1) The continued modernize Department of 
Defense supply chain management using private sec-
tor best practices where applicable is imperative to 
run effective domestic and overseas operations, en-
sure timely maintenance, and sustain military forces. 
(2) Congress supports the continued develop-
ment and integration by the Secretary of Defense of 
advanced digital supply chain management and ca-
pabilities. These capabilities should include tools 
that digitize data flows in order to transition from 
older, inefficient manual systems, modernize ware-
house operations of the Department of Defense to 
use digitized data management and inventory con-
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trol, and maximize cybersecurity protection of logis-
tics processes. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, to meet the unique needs of the Department 
of Defense regarding continuity of supply chain manage-
ment in both garrison and deployed or austere environ-
ments, the Department must prioritize digital supply 
chain management solutions that use durable devices and 
technologies designed to operate in remote regions with 
limited network connectivity. 
SEC. 859I. PROHIBITION ON THE USE OF LOGINK. 
(a) PROHIBITION.— 
(1) IN GENERAL.—The Secretary of Defense, 
each Secretary of a military department, and a de-
fense contractor may not use LOGINK. 
(2) APPLICABILITY.—With respect to defense 
contractors, the prohibition in subsection (a) shall 
apply— 
(A) with respect to any contract of the De-
partment of Defense entered into on or after 
the date of the enactment of this section; 
(B) with respect to the use of LOGINK in 
the performance of such contract. 
(b) CONTRACTING PROHIBITION.— 
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(1) IN
GENERAL.—The Secretary of Defense 
and each Secretary of a military department may 
not enter into any contract with an entity that uses 
LOGINK and shall prohibit the use of LOGINK in 
any contract entered into by the Department of De-
fense. 
(2) DEFENSE CONTRACTOR.—With respect to 
any contract of the Department of Defense, a de-
fense contractor may not enter into a subcontract 
with an entity that uses LOGINK. 
(3) APPLICABILITY.—This subsection applies 
with respect to any contract entered into on or after 
the date of the enactment of this section. 
(c) LOGINK DEFINED.—In this section, the term 
‘‘LOGINK’’ means the public, open, shared logistics infor-
mation network known as the National Public Information 
Platform for Transportation & Logistics by the Ministry 
of Transport of China. 
SEC. 859J. REPORT ON TRANSITION TO PHASE III FOR 
SMALL BUSINESS INNOVATION RESEARCH 
AND SMALL BUSINESS TECHNOLOGY TRANS-
FER PROGRAM AWARDS. 
(a) REPORT REQUIRED.—On an annual basis, each 
Secretary of a military department (as defined in section 
101 of title 10, United States Code) shall collect and sub-
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mit to the President for inclusion in each budget sub-
mitted to Congress under section 1105 of title 31, United 
States Code, data on the Phase I, Phase II, and Phase 
III awards under the SBIR and STTR programs of the 
military department of the Secretary for the immediately 
preceding five fiscal years, including— 
(1) the aggregate funding amount for Phase III 
awards in relevant program offices, as selected by 
the each Secretary of a military department; 
(2) the change in Phase III funding during the 
period covered by the report such selected program 
offices; 
(3) the number of SBIR awards made by such 
selected program offices in under 180 days during 
the period covered by the report; and 
(4) where possible, an identification of specific 
recommendations from each Secretary of a military 
department on opportunities to identify and expand 
best practices that demonstrate growth in Phase III 
award funding. 
(b) DEFINITIONS.—In this section, the terms ‘‘Phase 
I’’, ‘‘Phase II’’, ‘‘Phase III’’, ‘‘SBIR’’, and ‘‘STTR’’ have 
the meanings given those terms, respectively, in section 
9(e) of the Small Business Act (15 U.S.C. 638(e)). 
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SEC. 859K. EXTENSION OF PARTICIPATION IN 8(A) PRO-
GRAM. 
(a) IN GENERAL.—A covered small business concern 
may, subject to the regulations issued by the Adminis-
trator of the Small Business Administration under sub-
section (b), elect to extend the period in which such cov-
ered small business concern participates in the program 
established under section 8(a) of such Act (15 U.S.C. 
637(a)) by one year. 
(b) EMERGENCY RULEMAKING AUTHORITY.—Not 
later than 45 days after the date of enactment of this Act, 
the Administrator of the Small Business Administration 
shall issue regulations to carry out this section without 
regard to the notice requirements under section 553(b) of 
title 5, United States Code. 
(c) COVERED
SMALL
BUSINESS
CONCERN
DE-
FINED.— 
(1) IN
GENERAL.—In this section, the term 
‘‘covered small business concern’’ means a small 
business concern (as defined under section 3 of the 
Small Business Act (15 U.S.C. 632)) that— 
(A) participated in the program established 
under section 8(a) of the Small Business Act 
(15 U.S.C. 637(a)) at any point during the pe-
riod beginning on September 10, 2020, and 
ending on the date of the enactment of this Act, 
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including a small business concern that grad-
uated during such period; 
(B) was not terminated or early graduated 
from such program during such period; and 
(C) did not voluntarily elect to cease par-
ticipating in such program during such period 
as an alternative to termination or early grad-
uation from such program, as determined by 
the Administrator of the Small Business Ad-
ministration. 
SEC. 859L. ACCESS TO CONTRACT BUNDLING DATA. 
Section 15(p) of the Small Business Act (15 U.S.C. 
644(p)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) BUNDLED
CONTRACT.—The term 
‘bundled contract’ has the meaning given such 
term in section 3(o) of the Small Business Act 
(15 U.S.C. 632(o)). 
‘‘(B) 
CONSOLIDATED
CONTRACT.—The 
term ‘consolidated contract’ means a contract 
resulting from the consolidation of contracting 
requirements (as defined in section 44(a) of the 
Small Business Act (15 U.S.C. 657q(a))).’’; 
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(2) in paragraph (4)— 
(A) in the heading, by inserting ‘‘AND CON-
SOLIDATION’’ after ‘‘BUNDLING’’; 
(B) in subparagraph (A), by inserting 
‘‘and consolidation’’ after ‘‘contract bundling’’; 
and 
(C) in subparagraph (B)— 
(i) in clause (i), by inserting ‘‘or con-
solidated’’ after ‘‘of bundled’’; and 
(ii) in clause (ii)— 
(I) in the matter preceding sub-
clause (I), by inserting ‘‘or consoli-
dated’’ after ‘‘previously bundled’’; 
(II) in subclause (I), by inserting 
‘‘or consolidated’’ after ‘‘were bun-
dled’’; and 
(III) in subclause (II)— 
(aa) by inserting ‘‘or consoli-
dated’’ after ‘‘to each bundled’’; 
(bb) in item (aa), by insert-
ing ‘‘or consolidation’’ after ‘‘the 
bundling’’; 
(cc) in item (bb), by insert-
ing ‘‘or consolidating’’ after ‘‘by 
bundling’’; 
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(dd) in item (cc), by insert-
ing ‘‘or consolidated’’ after ‘‘the 
bundled’’; 
(ee) in item (dd), by insert-
ing ‘‘or consolidating’’ after ‘‘the 
bundling’’; and 
(ff) in item (ee)— 
(AA) by inserting ‘‘or 
consolidating’’ 
after 
‘‘the 
bundling’’; and 
(BB) 
by 
inserting 
‘‘bundled 
or’’ 
after 
‘‘as 
prime contractors for the’’; 
and 
(3) in paragraph (5)(B), by striking ‘‘provide, 
upon request’’ and all that follows and inserting the 
following: ‘‘provide to the Administration procure-
ment information referred to in this subsection for 
the contracting agency, including the data and infor-
mation described in paragraph (2) and the informa-
tion described in paragraph (4).’’. 
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SEC. 859M. REPORT ON SMALL BUSINESS CONCERNS 
OWNED AND CONTROLLED BY WOMEN. 
(a) IN GENERAL.—Section 8(m) of the Small Busi-
ness Act (15 U.S.C. 637(m)) is amended by adding at the 
end the following new paragraph: 
‘‘(9) REPORT.—Not later than May 1, 2023, 
and annually thereafter, the Administrator shall sub-
mit to the Committee on Small Business of the 
House of Representatives and the Committee on 
Small Business and Entrepreneurship of the Senate 
a report on small business concerns owned and con-
trolled by women. Such report shall include, for the 
fiscal year preceding the date of the report, the fol-
lowing: 
‘‘(A) The total number of concerns cer-
tified as small business concerns owned and 
controlled by women, disaggregated by the 
number of concerns certified by— 
‘‘(i) the Administrator; or 
‘‘(ii) a national certifying entity ap-
proved by the Administrator. 
‘‘(B) The amount of fees, if any, charged 
by each national certifying entity for such cer-
tification. 
‘‘(C) The total dollar amount and total 
percentage of prime contracts awarded to small 
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business concerns owned and controlled by 
women pursuant to paragraph (2) or pursuant 
to a waiver granted under paragraph (3). 
‘‘(D) The total dollar amount and total 
percentage of prime contracts awarded to small 
business concerns owned and controlled by 
women pursuant to paragraphs (7) and (8). 
‘‘(E) With respect to a contract incorrectly 
awarded pursuant to this subsection because it 
was awarded based on an industry in which 
small business concerns owned and controlled 
by women are not underrepresented— 
‘‘(i) the number of such contracts; 
‘‘(ii) the Federal agencies that issued 
such contracts; and 
‘‘(iii) any steps taken by Adminis-
trator to train the personnel of such Fed-
eral agency on the use of the authority 
provided under this subsection. 
‘‘(F) With respect to an examination de-
scribed in paragraph (5)(B)— 
‘‘(i) the number of examinations due 
because of recertification requirements and 
the actual number of such examinations 
conducted; and 
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‘‘(ii) the number of examinations con-
ducted for any other reason. 
‘‘(G) The number of small business con-
cerns owned and controlled by women that were 
found to be ineligible to be awarded a contract 
under this subsection as a result of an examina-
tion conducted pursuant to paragraph (5)(B) or 
failure to request an examination pursuant to 
section 127.400 of title 13, Code of Federal 
Regulations (or a successor rule). 
‘‘(H) The number of small business con-
cerns owned and controlled by women that were 
decertified. 
‘‘(I) Any other information the Adminis-
trator determines necessary.’’. 
(b) TECHNICAL AMENDMENT.—Section 8(m)(2)(C) 
of the Small Business Act is amended by striking ‘‘para-
graph (3)’’ and inserting ‘‘paragraph (4)’’. 
SEC. 859N. NATIVE HAWAIIAN ORGANIZATIONS. 
(a) COMPETITIVE THRESHOLDS.—Section 8020 of 
title VIII of division A of the Department of Defense, 
Emergency Supplemental Appropriations to Address Hur-
ricanes in the Gulf of Mexico, and Pandemic Influenza 
Act, 2006 (15 U.S.C. 637 note) is amended by striking 
‘‘with agencies of the Department of Defense’’ and insert-
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ing ‘‘with agencies and departments of the Federal Gov-
ernment’’. 
(b) RULEMAKING.—Not later than 180 days after the 
date of enactment of this Act, in order to carry out the 
amendments made by subsection (a)— 
(1) the Administrator of the Small Business 
Administration, in consultation with the Adminis-
trator for Federal Procurement Policy, shall promul-
gate regulations; and 
(2) the Federal Acquisition Regulatory Council 
established under section 1302(a) of title 41, United 
States Code, shall amend the Federal Acquisition 
Regulation. 
Subtitle F—Other Matters 
SEC. 861. TECHNICAL CORRECTION TO EFFECTIVE DATE 
OF THE TRANSFER OF CERTAIN TITLE 10 AC-
QUISITION PROVISIONS. 
(a) IN GENERAL.—The amendments made by section 
1701(e) and paragraphs (1) and (2) of section 802(b) of 
the National Defense Authorization Act for Fiscal Year 
2022 (Public Law 117–81) shall be deemed to have taken 
effect immediately before the amendments made by section 
1881 of the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (Public Law 
116–283; 134 Stat. 4293). 
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section 1007 of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1889), is further amended— 
(1) in subsection (a)(1), by striking ‘‘2023’’ and 
inserting ‘‘2025’’; and 
(2) in subsection (c), by striking ‘‘2023’’ and 
inserting ‘‘2025’’. 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. NAVY CONSULTATION WITH MARINE CORPS ON 
MAJOR DECISIONS DIRECTLY CONCERNING 
MARINE CORPS AMPHIBIOUS FORCE STRUC-
TURE AND CAPABILITY. 
(a) IN GENERAL.—Section 8026 of title 10, United 
States Code, is amended by inserting ‘‘or amphibious force 
structure and capability’’ after ‘‘Marine Corps aviation’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended by inserting ‘‘or amphibious 
force structure and capability’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 803 of such title is 
amended by striking the item relating to section 
8026 and inserting the following new item: 
‘‘8026. Consultation with Commandant of the Marine Corps on major decisions 
directly concerning Marine Corps aviation or amphibious force 
structure and capability.’’. 
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sponse readiness of the United States or 
forces of NATO in the Baltic region. 
(ii) Activities to improve air defense 
systems, including modern air-surveillance 
capabilities. 
(iii) Activities to improve counter-un-
manned aerial system capabilities. 
(iv) Activities to improve command 
and control capabilities through increasing 
communications, technology, and intel-
ligence capacity and coordination, includ-
ing secure and hardened communications. 
(v) Activities to improve intelligence, 
surveillance, and reconnaissance capabili-
ties. 
(vi) Activities to enhance maritime do-
main awareness. 
(vii) Activities to improve military and 
defense infrastructure, logistics, and ac-
cess, particularly transport of military sup-
plies and equipment. 
(viii) 
Investments 
to 
ammunition 
stocks and storage. 
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