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in section 4301, for Operation and Maintenance, Defense- 
wide is hereby reduced by $2,500,000. 
SEC. 739. STUDY ON READINESS CONTRACTS AND THE PRE-
VENTION OF DRUG SHORTAGES. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on the effectiveness of readiness contracts man-
aged by the Customer Pharmacy Operations Center of the 
Defense Logistics Agency in meeting the military’s drug 
supply needs. The study shall include an analysis of how 
the contractual approach to manage drug shortages for 
military health care can be a model for responding to drug 
shortages in the civilian health care market in the United 
States. 
(b) CONSULTATION.—In conducting the study under 
subsection (a), the Secretary of Defense shall consult 
with— 
(1) the Secretary of Veterans Affairs; 
(2) the Commissioner of Food and Drugs and 
the Administrator of the Drug Enforcement Admin-
istration; and 
(3) physician organizations, drug manufactur-
ers, pharmacy benefit management organizations, 
and such other entities as the Secretary determines 
appropriate. 
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(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report on the results of the 
study under subsection (a) and any conclusions and rec-
ommendations of the Secretary relating to such study. 
SEC. 740. UPDATE OF DEPARTMENT OF DEFENSE REGULA-
TIONS, INSTRUCTIONS, AND OTHER GUID-
ANCE TO INCLUDE GAMBLING DISORDER. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretaries of the military 
departments, shall update all regulations, instructions, 
and other guidance of the Department of Defense and the 
military departments with respect to behavioral health to 
explicitly include gambling disorder. In carrying out this 
subsection, the Secretary shall implement the rec-
ommendations of the Comptroller General of the United 
States numbered 2 through 6 in the report by the Comp-
troller General titled ‘‘Military Personnel: DOD and the 
Coast Guard Need to Screen for Gambling Disorder Ad-
diction and Update Guidance’’ (numbered GAO–17–114). 
(b) MILITARY DEPARTMENTS DEFINED.—In this 
section, the term ‘‘military departments’’ has the meaning 
given that term in section 101(8) of title 10, United States 
Code. 
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SEC. 741. FINDINGS ON MUSCULOSKELETAL INJURIES. 
Congress finds the following: 
(1) Musculoskeletal injuries among active duty 
soldiers result in over 10 million limited duty days 
each year and account for over 70% of the medically 
non-deployable population, extremity injury accounts 
for 79% of reported trauma cases in theater, and 
service members experience anterior cruciate liga-
ment (ACL) injuries at 10 times the rate of the gen-
eral population. 
(2) Congress recognizes the important work of 
the Naval Advanced Medical Research Unit in 
Wound Care Research and encourages continued de-
velopment of innovations for the Warfighter, espe-
cially regarding these tendon and ligament injuries 
that prevent return to duty for extended periods of 
time. 
SEC. 742. WOUNDED WARRIOR SERVICE DOG PROGRAM. 
(a) GRANTS AUTHORIZED.—Subject to the avail-
ability of appropriations provided for such purpose, the 
Secretary of Defense shall establish a program, to be 
known as the ‘‘Wounded Warrior Service Dog Program’’, 
to award competitive grants to nonprofit organizations to 
assist such organizations in the planning, designing, estab-
lishing, or operating (or any combination thereof) of pro-
grams to provide assistance dogs to covered members. 
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(b) USE OF FUNDS.— 
(1) IN
GENERAL.—The recipient of a grant 
under this section shall use the grant to carry out 
programs that provide assistance dogs to covered 
members who have a disability described in para-
graph (2). 
(2) DISABILITY.—A disability described in this 
paragraph is any of the following: 
(A) Blindness or visual impairment. 
(B) Loss of use of a limb, paralysis, or 
other significant mobility issues. 
(C) Loss of hearing. 
(D) Traumatic brain injury. 
(E) Post-traumatic stress disorder. 
(F) Any other disability that the Secretary 
of Defense considers appropriate. 
(3) TIMING OF AWARD.—The Secretary of De-
fense may not award a grant under this section to 
reimburse a recipient for costs previously incurred 
by the recipient in carrying out a program to provide 
assistance dogs to covered members unless the re-
cipient elects for the award to be such a reimburse-
ment. 
(c) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a nonprofit organization shall submit 
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an application to the Secretary of Defense at such time, 
in such manner, and containing such information as the 
Secretary may require. Such application shall include— 
(1) a proposal for the evaluation required by 
subsection (d); and 
(2) a description of— 
(A) the training that will be provided by 
the organization to covered members; 
(B) the training of dogs that will serve as 
assistance dogs; 
(C) the aftercare services that the organi-
zation will provide for such dogs and covered 
members; 
(D) the plan for publicizing the availability 
of such dogs through a targeted marketing 
campaign to covered members; 
(E) the recognized expertise of the organi-
zation in breeding and training such dogs; 
(F) the commitment of the organization to 
humane standards for animals; and 
(G) the experience of the organization with 
working with military medical treatment facili-
ties; and 
(3) a statement certifying that the organiza-
tion— 
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(A) is accredited by Assistance Dogs Inter-
national, the International Guide Dog Federa-
tion, or another similar widely recognized ac-
creditation organization that the Secretaries de-
termine has accreditation standards that meet 
or exceed the standards of Assistance Dogs 
International and the International Guide Dog 
Federation; or 
(B) is a candidate for such accreditation or 
otherwise meets or exceeds such standards, as 
determined by the Secretary of Defense. 
(d) EVALUATION.—The Secretary of Defense shall 
require each recipient of a grant to use a portion of the 
funds made available through the grant to conduct an 
evaluation of the effectiveness of the activities carried out 
through the grant by such recipient. 
(e) DEFINITIONS.—In this section: 
(1) ASSISTANCE
DOG.—The term ‘‘assistance 
dog’’ means a dog specifically trained to perform 
physical tasks to mitigate the effects of a disability 
described in subsection (b)(2), except that the term 
does not include a dog specifically trained for com-
fort or personal defense. 
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(2) COVERED
MEMBER.—The term ‘‘covered 
member’’ means a member of the Armed Forces who 
is— 
(A) receiving medical treatment, recuper-
ation, or therapy under chapter 55 of title 10, 
United States Code; 
(B) in medical hold or medical holdover 
status; or 
(C) covered under section 1202 or 1205 of 
title 10, United States Code. 
(f) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 1405 for Other Au-
thorizations, Defense Health Program, as specified in the 
corresponding funding table in section 4501, for Consoli-
dated Health Support is hereby increased by $11,000,000. 
(g) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 301 for Operations and 
Maintenance, as specified in the corresponding funding 
table in section 4301, for Operations and Maintenance, 
Defense-Wide, Line 460, Office of the Secretary of De-
fense is hereby reduced by $11,000,000. 
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SEC. 743. NATIONAL CAPITAL CONSORTIUM PSYCHIATRY 
RESIDENCY PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) racial, gender, or other forms of discrimina-
tion or harassment should not be tolerated within 
the PRP; and 
(2) that PRP leadership should— 
(A) set the tone that such conduct is not 
acceptable; 
(B) ensure that all such complains are 
thoroughly investigated; 
(C) ensure that violators are held account-
able; 
(D) ensure that victims are protected, and 
not retaliated against; 
(E) maintain a workplace free from unlaw-
ful harassment and discrimination; 
(F) conduct regular workplace climate as-
sessments to assess the extent of discrimination 
or harassment in the PRP; and 
(G) provide refresher training, at least an-
nually, on acceptable standards of behavior for 
all involved in the PRP programs, including 
residents and ways to report or address dis-
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crimination, harassment, or other inappropriate 
behavior. 
(b) PRP DEFINED.—In this section, the term ‘‘PRP’’ 
means the National Capital Consortium Psychiatry Resi-
dency Program. 
SEC. 744. REPORT ON MEDICAL PROVIDERS AND MEDICAL 
MALPRACTICE INSURANCE. 
The Secretary of Defense shall submit to the congres-
sional defense committees a report identifying the number 
of medical providers employed by the Department of De-
fense who, before being employed by the Department, lost 
medical malpractice insurance coverage by reason of the 
insurer dropping the coverage. 
SEC. 745. INFORMATION FOR MEMBERS OF THE ARMED 
FORCES REGARDING AVAILABILITY OF SERV-
ICES AT THE DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) IN GENERAL.—The Secretary of Defense shall in-
form members of the Armed Forces, using mechanisms 
available to the Secretary, of the eligibility of such mem-
bers for services of the Department of Veterans Affairs. 
(b) INFORMATION FROM SEXUAL ASSAULT RE-
SPONSE COORDINATORS.—The Secretary shall insure that 
Sexual Assault Response Coordinators and uniformed vic-
tims advocates of the Department of Defense advise mem-
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bers of the Armed Forces who report instances of military 
sexual trauma regarding the eligibility of such members 
for services at the Department of Veterans Affairs and 
that this information be included in mandatory training 
materials. 
(c) MILITARY SEXUAL TRAUMA DEFINED.—In this 
section, the term ‘‘military sexual trauma’’ means psycho-
logical trauma described in section 1720D(a)(1) of title 
38, United States Code. 
SEC. 746. PILOT PROGRAM ON PARTNERSHIPS WITH CIVIL-
IAN ORGANIZATIONS FOR SPECIALIZED SUR-
GICAL TRAINING. 
(a) IN GENERAL.—The Secretary of Defense shall 
carry out a pilot program to establish one or more partner-
ships with public, private, and non-profit organizations 
and institutions to provide short-term specialized surgical 
training to advance the medical skills and capabilities of 
military medical providers. 
(b) DURATION.—The Secretary may carry out the 
pilot program under subsection (a) for a period of not 
more than three years. 
(c) EVALUATION METRICS.—Before commencing the 
pilot program under subsection (a), the Secretary shall es-
tablish metrics to be used to evaluate the effectiveness of 
the pilot program. 
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(d) REPORTS.— 
(1) INITIAL REPORT.— 
(A) IN
GENERAL.—Not later than 180 
days before the commencement of the pilot pro-
gram under subsection (a), the Secretary shall 
submit to the Committees on Armed Services of 
the Senate and the House of Representatives a 
report on the pilot program. 
(B) ELEMENTS.—The report required by 
subparagraph (A) shall include a description of 
the pilot program, the evaluation metrics estab-
lished under subsection (c), and such other 
matters relating to the pilot program as the 
Secretary considers appropriate. 
(2) FINAL REPORT.— 
(A) IN
GENERAL.—Not later than 180 
days after the completion of the pilot program 
under subsection (a), the Secretary shall submit 
to the Committees on Armed Services of the 
Senate and the House of Representatives a re-
port on the pilot program. 
(B) ELEMENTS.—The report required by 
subparagraph (A) shall include the following: 
(i) A description of the pilot program, 
including 
the 
partnerships 
established 
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under the pilot program as described in 
subsection (a). 
(ii) An assessment of the effectiveness 
of the pilot program. 
(iii) Such recommendations for legis-
lative or administrative action as the Sec-
retary considers appropriate in light of the 
pilot program, including recommendations 
for extending or making permanent the au-
thority for the pilot program. 
(e) FUNDING.— 
(1) INCREASE.—Notwithstanding the amounts 
set forth in the funding tables in division D, the 
amount authorized to be appropriated in section 
1405 for the Defense Health Program, as specified 
in the corresponding funding table in section 4501, 
for education and training is hereby increased by 
$2,500,000. 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 1405 for 
Defense Health Program, Operation and Mainte-
nance, Private Sector Care, Office of the Secretary 
of Defense, as specified in the corresponding funding 
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table in section 4501, is hereby reduced by 
$2,500,000. 
SEC. 747. REPORT ON RESEARCH AND STUDIES REGARD-
ING HEALTH EFFECTS OF BURN PITS. 
The Secretary of Defense shall submit to the congres-
sional defense committees and the Committees on Vet-
erans’ Affairs of the House of Representatives and the 
Senate a detailed report on the status, methodology, and 
culmination timeline of all the research and studies being 
conducted to assess the health effects of burn pits. 
SEC. 748. TRAINING ON HEALTH EFFECTS OF BURN PITS 
AND OTHER AIRBORNE HAZARDS. 
The Secretary of Defense shall provide mandatory 
training to all medical providers of the Department of De-
fense on the potential health effects of burn pits and other 
airborne hazards (such as PFAS, mold, or depleted ura-
nium) and the early detection of such health effects. 
SEC. 749. REPORT ON OPERATIONAL MEDICAL AND DEN-
TAL PERSONNEL REQUIREMENTS. 
Not later than January 1, 2021, the Secretary of De-
fense shall submit to the congressional defense committees 
a report containing a discussion of the following: 
(1) Methods— 
(A) to establish joint planning assumptions 
for the development of operational medical and 
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dental personnel, including establishing a defi-
nition of which personnel may be identified as 
‘‘operational’’; 
(B) to assess options to achieve joint effi-
ciencies in medical and dental personnel re-
quirements, including any associated risks; 
(C) to apply joint planning assumptions 
and assess efficiencies and risks, for the pur-
pose of determining operational medical and 
dental requirements; 
(D) to identify and mitigate limitations in 
the clinical readiness metric, such as data reli-
ability, information on reserve component pro-
viders and patient care workload performed out-
side of military medical treatment facilities es-
tablished under section 1073d of title 10, 
United States Code, and the linkage between 
such metric and patient care and retention out-
comes; and 
(E) to determine which critical wartime 
specialties perform high-risk, high-acuity proce-
dures and rely on perishable skill sets, for the 
purpose of prioritizing such specialities to which 
the clinical readiness metric may be expanded. 
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(2) Estimates of the costs and benefits relating 
to— 
(A) providing additional training for med-
ical personnel to achieve clinical readiness 
thresholds; and 
(B) hiring additional civilian personnel in 
military medical treatment facilities to backfill 
medical providers of the Department of Defense 
who attend such training. 
SEC. 750. ANNUAL REPORTS ON MILLENNIUM COHORT 
STUDY RELATING TO WOMEN MEMBERS OF 
THE ARMED FORCES. 
(a) ANNUAL REPORTS.—On an annual basis, the 
Secretary of Defense shall submit to the appropriate con-
gressional committees, and make publicly available, a re-
port on findings of the Millennium Cohort Study relating 
to the gynecological and perinatal health of women mem-
bers of the Armed Forces participating in the study. 
(b) MATTERS INCLUDED.—Each report under sub-
section (a) shall include, at a minimum, the following: 
(1) A summary of general findings pertaining 
to gynecological and perinatal health, such as the 
diseases, disorders, and conditions that affect the 
functioning of reproductive systems, including re-
garding maternal mortality and severe maternal 
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morbidity, birth defects, developmental disorders, 
low birth weight, preterm birth, reduced fertility, 
menstrual disorders, and other health concerns. 
(2) All research projects that have concluded 
during the year covered by the report and the out-
comes of such projects. 
(3) Abstracts of all ongoing projects. 
(4) Abstracts of all projects that have been con-
sidered for investigation. 
(c) IDENTIFICATION OF AREAS.—The Secretary shall 
identify— 
(1) areas in which the Millennium Cohort Study 
can increase efforts to capture data and produce 
studies in the field of gynecological and perinatal 
health of women members of the Armed Forces; and 
(2) activities that are currently underway to 
achieve such efforts. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committees on Veterans’ Affairs of 
the House of Representatives and the Senate. 
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(2) The term ‘‘Millennium Cohort Study’’ 
means the longitudinal study authorized under sec-
tion 743 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 
105–261; 112 Stat. 2074) to evaluate data on the 
health conditions of members of the Armed Forces 
upon their return from deployment. 
SEC. 751. PARTNERSHIPS WITH ACADEMIC HEALTH CEN-
TERS. 
The Assistant Secretary of Defense for Health Af-
fairs shall establish a University Affiliated Research Cen-
ter and partner with Academic Health Centers to focus 
on the unique challenges wounded members of the Armed 
Forces experience. In carrying out this section, the Assist-
ant Secretary shall emphasize research that reduces de-
pendency on opioids, develops novel pain management and 
mental health strategies, and leverages partnerships with 
industry and medical device manufacturers to advance 
promising technologies for wounded members. 
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SEC. 752. STUDY ON USE OF ROUTINE NEUROIMAGING MO-
DALITIES IN DIAGNOSIS, TREATMENT, AND 
PREVENTION OF BRAIN INJURY DUE TO 
BLAST PRESSURE EXPOSURE DURING COM-
BAT AND TRAINING. 
(a) IN GENERAL.—The Secretary of Defense shall 
conduct a study on the feasibility and effectiveness of the 
use of routine neuroimaging modalities in the diagnosis, 
treatment, and prevention of brain injury among members 
of the Armed Forces due to one or more blast pressure 
exposures during combat and training. 
(b) REPORTS.— 
(1) INTERIM REPORT.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committees on Armed 
Services of the Senate and the House of Representa-
tives an interim report on the methods and action 
plan for the study under subsection (a). 
(2) FINAL REPORT.—Not later than two years 
after the date on which the Secretary begins the 
study under subsection (a), the Secretary shall sub-
mit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on 
the results of such study. 
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TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. ESTABLISHMENT OF ACQUISITION PATHWAYS 
FOR SOFTWARE APPLICATIONS AND SOFT-
WARE UPGRADES. 
(a) GUIDANCE REQUIRED.—Not later than March 1, 
2020, the Secretary of Defense shall establish guidance 
authorizing the use of acquisition pathways described in 
subsection (b) for the rapid acquisition of software appli-
cations and software upgrades that are intended to be 
fielded within one year. A contract awarded under this sec-
tion— 
(1) shall be in an amount equal to or less than 
$50,000,000; and 
(2) may be entered into for a period of not 
more than one year. 
(b) SOFTWARE ACQUISITION PATHWAYS.—The guid-
ance required by subsection (a) shall provide for the use 
of the following two acquisition pathways: 
(1) APPLICATIONS.—The applications pathway 
shall provide for the use of rapid development and 
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implementation of software applications to be used 
with commercially available hardware. 
(2) UPGRADES.—The upgrades pathway shall 
provide for the rapid development and insertion of 
software upgrades for embedded weapon systems or 
another hardware system solely used by the Depart-
ment of Defense. 
(c) GENERAL REQUIREMENTS.—The guidance re-
quired by subsection (a) shall provide for— 
(1) the use of proven technologies and solutions 
to continuously engineer, update, and deliver capa-
bilities in software; and 
(2) a streamlined and coordinated require-
ments, budget, and acquisition process that results 
in the rapid fielding of software applications and 
software upgrades. 
(d) EXPEDITED PROCESS.— 
(1) IN
GENERAL.—An acquisition conducted 
under the guidance required by subsection (a) shall 
not be subject to the Joint Capabilities Integration 
and Development System Manual and Department 
of Defense Directive 5000.01, except to the extent 
specifically provided in such guidance. 
(2) REQUIREMENTS
PROCESS.—The guidance 
required by subsection (a) shall provide that the re-
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quirements for acquisition of software applications 
and software upgrades— 
(A) are developed, refined, and prioritized 
on an iterative basis through continuous partici-
pation and collaboration by users, testers, and 
requirements authorities; 
(B) include an identification of the need 
for, and users of, the software to be acquired 
and a rationale for how the software will sup-
port increased efficiency of the Department of 
Defense; 
(C) are stated in the form of a summary- 
level list of vulnerabilities in existing software 
systems and desired features or capabilities of 
the software to be acquired; and 
(D) consider issues related to lifecycle 
costs, systems interoperability, and logistics 
support if the developer of the software to be 
acquired stops providing support. 
(4) EXECUTION OF RAPID ACQUISITIONS.—The 
Secretary shall ensure that— 
(A) an acquisition conducted under the 
guidance required by subsection (a) is sup-
ported by an entity capable of regular auto-
mated testing of the source code of the software 
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to be acquired and that such entity is author-
ized to buy storage, bandwidth, and computing 
capability as necessary; 
(B) the Department of Defense can collect 
and analyze the testing data described in sub-
paragraph (A) to make decisions regarding soft-
ware acquisition and oversight; 
(C) the Director of Operational Test and 
Evaluation and the project manager appointed 
under paragraph (5) design test cases to ensure 
that the entity described in subparagraph (A) 
can test the software to be acquired to ensure 
such software meets the requirements of the 
contract; 
(D) the project manager appointed under 
paragraph (5) closely monitors the progress of 
an acquisition conducted under the guidance re-
quired by subsection (a); 
(E) an independent cost estimate is con-
ducted that considers— 
(i) the iterative process of the develop-
ment of the software to be acquired; and 
(ii) the long-term value of the soft-
ware to be acquired to the Department of 
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Defense, not based on the value of indi-
vidual lines of source code of the software; 
(F) the performance of fielded versions of 
the software to be acquired are demonstrated 
and evaluated in an operational environment; 
(G) performance metrics of the software to 
be acquired, such as metrics relating to when 
the software can be fielded, delivery capabilities 
of the software (including speed of recovery 
from outages and cybersecurity vulnerabilities), 
and assessments and estimations of the size 
and complexity of such software, are automati-
cally generated on a continuous basis and made 
available to the Department of Defense and the 
congressional defense committees; and 
(H) cybersecurity metrics of the software 
to be acquired, such as metrics relating to the 
density of vulnerabilities within the code, the 
time from vulnerability identification to patch 
availability, the existence of common weak-
nesses within the code, and other cybersecurity 
metrics based on widely-recognized standards 
and industry best practices, are generated and 
made available to the Department of Defense 
and the congressional defense committees. 
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(5) ADMINISTRATION OF SOFTWARE ACQUISI-
TION PATHWAYS.—The guidance required by sub-
section (a) may provide for the use of any of the fol-
lowing streamlined procedures: 
(A) The service acquisition executive of the 
military department concerned shall appoint a 
project manager for each acquisition of software 
applications and software upgrades, as deter-
mined by the service acquisition executive. Such 
project manager shall be appointed from among 
civilian employees or members of the Armed 
Forces who have significant and relevant expe-
rience in current software processes. 
(B) Each project manager shall report 
with respect to such acquisition directly, and 
without intervening review or approval, to the 
service acquisition executive of the military de-
partment concerned. 
(C) The service acquisition executive of the 
military department concerned shall evaluate 
the job performance of such manager on an an-
nual basis. In conducting an evaluation under 
this paragraph, a service acquisition executive 
shall consider the extent to which the manager 
has achieved the objectives of the acquisition 
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for which the manager is responsible, including 
quality, timeliness, and cost objectives. 
(D) The project manager shall be author-
ized staff positions for a technical staff, includ-
ing experts in software engineering to enable 
the manager to manage the acquisition without 
the technical assistance of another organiza-
tional unit of an agency to the maximum extent 
practicable. 
(E) The project manager shall be author-
ized, in coordination with the users and testers 
of the software to be acquired, to make trade-
offs among lifecycle costs, requirements, and 
schedules to meet the goals of the acquisition. 
(F) The service acquisition executive or the 
Under Secretary of Defense for Acquisition and 
Sustainment, as applicable, shall serve as the 
decision authority for the acquisition. 
(G) The project manager of a defense 
streamlined acquisition shall be provided a 
process to expeditiously seek a waiver from 
Congress from any statutory or regulatory re-
quirement that the project manager determines 
adds little or no value to the management of 
the acquisition. 
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(6) DELEGATION OF AUTHORITY.—The service 
acquisition executive may delegate any of the respon-
sibilities under this subsection to a program execu-
tive officer (or equivalent). 
(e) CONTRACT TERMS.— 
(1) IN GENERAL.—A contract entered into pur-
suant to the guidance required by subsection (a)— 
(A) may be awarded within a 90-day pe-
riod after solicitation on the basis of— 
(i) statements of qualifications and 
past 
performance 
data 
submitted 
by 
offerors; and 
(ii) discussions with two or more 
qualified offerors without regard to price; 
(B) may be a time-and-materials contract; 
(C) shall be treated as a contract for the 
acquisition of commercial services (as defined in 
section 103a of title 41, United States Code, as 
in effect on January 1, 2020); 
(D) shall identify the individuals to per-
form the work of the contract, and such individ-
uals may not be replaced without the advance 
written consent of the contracting officer; and 
(E) may allow for a contractor performing 
the work of the contract to review existing soft-
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ware in consultation with the user community 
and incorporate user feedback to— 
(i) define and prioritize software re-
quirements; and 
(ii) design and implement new soft-
ware applications and software upgrades. 
(2) OPTIONS.—A contract entered into pursu-
ant to the guidance required by subsection (a) may 
contain an option to extend the contract once, for a 
period not to exceed one year, to complete the imple-
mentation of one or more specified software applica-
tions and software upgrades identified during the 
period of the initial contract. Such an option may 
not be in an amount greater than $100,000,000 
and— 
(A) if the option is a time-and-materials 
contract, it shall be treated as a contract for 
the acquisition of commercial services (as de-
fined in section 103a of title 41, United States 
Code); and 
(B) if the option is a fixed-price contract, 
it shall be treated as a contract for the acquisi-
tion of commercial products (as defined in sec-
tion 103 of title 41, United States Code). 
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(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be deemed to prevent the use of other methods 
of acquisition to procure software applications and up-
grades. 
(g) CONFORMING AMENDMENT.—Section 2430(a)(2) 
of title 10, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) an acquisition program for software 
applications and software upgrades carried out 
using the acquisition guidance issued pursuant 
to section 801 of the National Defense Author-
ization Act for Fiscal Year 2020.’’. 
SEC. 802. SOFTWARE DEVELOPMENT AND SOFTWARE AC-
QUISITION 
TRAINING 
AND 
MANAGEMENT 
PROGRAMS. 
(a) ESTABLISHMENT OF SOFTWARE DEVELOPMENT 
AND SOFTWARE ACQUISITION TRAINING AND MANAGE-
MENT PROGRAMS.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Under Secretary of Defense for 
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Acquisition and Sustainment and in consultation 
with the Under Secretary of Defense for Research 
and Engineering and the Chief Information Officer 
of the Department of Defense, shall establish soft-
ware development and software acquisition training 
and management programs for all software acquisi-
tion professionals, software developers, and other ap-
propriate individuals, as determined by the Secretary 
of Defense to earn a certification in software devel-
opment and software acquisition. 
(2) PROGRAM
CONTENTS.—The programs es-
tablished under paragraph (1) shall— 
(A) develop and expand the use of special-
ized training programs for chief information of-
ficers of the military departments and the De-
fense Agencies, service acquisition executives, 
program executive officers, and program man-
agers to include training on and experience in— 
(i) continuous software development; 
and 
(ii) acquisition pathways available to 
acquire software; 
(B) ensure program managers for major 
defense acquisition programs, defense business 
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systems, and other software programs of the 
Department of Defense— 
(i) have demonstrated competency in 
current software processes; 
(ii) have the skills to lead a workforce 
that can quickly meet challenges, use soft-
ware tools that prioritize continuous or fre-
quent upgrades as such tools become avail-
able, take up opportunities provided by 
new innovations, and plan software activi-
ties in short iterations to learn from risks 
of software testing; and 
(iii) have the experience and training 
to delegate technical oversight and execu-
tion decisions; and 
(C) include continuing education courses 
and experiential training to help individuals 
maintain skills learned through the programs. 
(b) REPORTS.— 
(1) REPORTS REQUIRED.—The Secretary shall 
submit to the congressional defense committees— 
(A) not later than 90 days after the date 
of the enactment of this Act, an initial report; 
and 
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(B) not later than one year after the date 
of the enactment of this Act, a final report. 
(2) CONTENTS.—Each report required under 
paragraph (1) shall include— 
(A) the status of implementing the soft-
ware development and software acquisition 
training and management programs established 
under subsection (a)(1); 
(B) a description of the requirements for 
certification, including the requirements for 
competencies in current software processes; 
(C) a description of potential career paths 
in software development and software acquisi-
tion within the Department of Defense; 
(D) an independent assessment conducted 
by the Defense Innovation Board of the 
progress made on implementing the programs 
established under subsection (a)(1); and 
(E) any recommendations for changes to 
existing law to facilitate the implementation of 
the programs established under subsection 
(a)(1). 
(c) DEFINITIONS.—In this section: 
(1) PROGRAM EXECUTIVE OFFICER; PROGRAM 
MANAGER.—The terms ‘‘program executive officer’’ 
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and ‘‘program manager’’ have the meanings given 
those terms, respectively, in section 1737 of title 10, 
United States Code. 
(2) SERVICE
ACQUISITION
EXECUTIVE.—The 
terms ‘‘military department’’, ‘‘Defense Agency’’, 
and ‘‘service acquisition executive’’ have the mean-
ings given those terms, respectively, in section 101 
of title 10, United States Code. 
(3) MAJOR DEFENSE ACQUISITION PROGRAM.— 
The term ‘‘major defense acquisition program’’ has 
the meaning given in section 2430 of title 10, 
United States Code. 
(4) DEFENSE
BUSINESS
SYSTEM.—The term 
‘‘defense business system’’ has the meaning given in 
section 2222(i)(1) of title 10, United States Code. 
SEC. 803. MODIFICATIONS TO COST OR PRICING DATA FOR 
CERTAIN PROCUREMENTS. 
(a) COST OR PRICING DATA FOR CERTAIN COMMER-
CIAL PRODUCTS.— 
(1) IN GENERAL.—Section 2306a(b)(4) of title 
10, United States Code, is amended by adding at 
the end the following new subparagraph: 
‘‘(D) If the head of contracting activity deter-
mines, based on market research, that a commercial 
item will be solely procured by the Department of 
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Defense, the offeror of such commercial product 
shall provide cost or pricing data to the contracting 
officer pursuant to subsection (a).’’. 
(2) CONFORMING AMENDMENT.—Effective Jan-
uary 1, 2020, subparagraph (D) of section 
2306a(b)(4) of title 10, United States Code, as 
added by paragraph (1), is amended by striking 
‘‘commercial item’’ and inserting ‘‘commercial prod-
uct’’. 
(b) DATA OTHER THAN CERTIFIED COST OR PRIC-
ING DATA FOR SOLE SOURCE CONTRACT AWARDS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall revise the Defense Supplement to 
the Federal Acquisition Regulation to require an of-
feror for a sole source contract, subcontract, or 
modification of a sole source contract or subcontract, 
to submit to the contracting officer data other than 
certified cost or pricing data under section 2306a(d) 
of title 10, United States Code, for purposes of de-
termining the reasonableness of the price of the con-
tract, subcontract, or modification of the contract or 
subcontract. 
(2) PENALTY.—With respect to an offeror that 
fails to comply with the requirements established 
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under paragraph (1), the Secretary of Defense 
may— 
(A) suspend or debar such offeror; or 
(B) include a notation on such offeror in 
the system used by the Federal Government to 
monitor or record contractor past performance. 
(c) SHOULD-COST
ANALYSIS
FOR
COMMERCIAL 
PRODUCT PROCUREMENTS.—The Director of the Defense 
Contract Management Agency shall identify which com-
mercial products (as defined in section 103 of title 41, 
United States Code, as in effect on January 1, 2020) 
should be analyzed under the should-cost review process 
before the Secretary of Defense enters into a contract to 
procure such a commercial product. 
(d) GUIDELINES AND RESOURCES ON THE ACQUISI-
TION OR LICENSING OF INTELLECTUAL PROPERTY.—Sec-
tion 2322 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(c) GUIDELINES AND RESOURCES.— 
‘‘(1) IN GENERAL.—The Secretary of Defense, 
acting through the Under Secretary of Defense for 
Acquisition and Sustainment, shall develop guide-
lines and resources on the acquisition or licensing of 
intellectual property, including— 
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‘‘(A) model forms for specially negotiated 
licenses described under section 2320(f) (as ap-
propriate); and 
‘‘(B) an identification of definitions, key 
terms, examples, and case studies that resolve 
ambiguities in the differences between— 
‘‘(i) detailed manufacturing and proc-
ess data; 
‘‘(ii) form, fit, and function data; and 
‘‘(iii) data required for operations, 
maintenance, installation, and training. 
‘‘(2) CONSULTATION.—In developing the guide-
lines and resources described in paragraph (1), the 
Secretary shall regularly consult with appropriate 
stakeholders, including large and small businesses, 
traditional and non-traditional contractors (including 
subcontractors), and maintenance repair organiza-
tions.’’. 
SEC. 804. MODIFICATIONS TO COST OR PRICING DATA ON 
BELOW-THRESHOLD CONTRACTS. 
(a) BELOW-THRESHOLD CIVILIAN CONTRACTS.— 
Section 3504 of title 41, United States Code is amended— 
(1) by striking ‘‘head of the procuring activity’’ 
each place it appears and inserting ‘‘contracting offi-
cer’’; 
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(2) in subsection (b), by striking ‘‘or (2)’’; and 
(3) by striking subsection (c). 
(b) BELOW-THRESHOLD DEFENSE CONTRACTS.— 
Section 2306a(c) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘head of the procuring activity’’ 
each place it appears and inserting ‘‘contracting offi-
cer’’; 
(2) in paragraph (2), by striking ‘‘or (B)’’; and 
(3) by striking paragraph (3). 
SEC. 805. COMPTROLLER GENERAL REPORT ON PRICE REA-
SONABLENESS. 
Not later than March 31, 2021, the Comptroller Gen-
eral of the United States shall submit to the congressional 
defense committees, the Committee on Oversight and Re-
form of the House of Representatives, and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report on the efforts of the Secretary of Defense 
to secure data relating to the price reasonableness of of-
fers from offerors. The report shall include a review of— 
(1) the number of, and justification for, any 
waiver of requirements for submission of certified 
cost or pricing data for sole source contracts for 
spare parts issued during fiscal years 2015 through 
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2019 pursuant to section 2306a(b)(1)(C) of title 10, 
United States Code; 
(2) the number of, and justification for, any ex-
ception to the requirements for submission of cer-
tified cost or pricing data for sole source contracts 
for spare parts provided during fiscal years 2015 
through 2019 pursuant to section 2306a(b)(1)(B) of 
title 10, United States Code; 
(3) the number of contracts awarded for which 
a request for cost or pricing data, including data 
other than certified cost or pricing data, to deter-
mine price reasonableness was denied by an offeror 
at the time of award; 
(4) actions taken by the Secretary if an offeror 
refused to provide request data described in para-
graph (2), including— 
(A) whether the contracting officer in-
cluded a notation in the system used by the 
Federal Government to monitor or record con-
tractor past performance regarding the refusal 
of an offeror to provide such data; 
(B) any strategies developed by the Sec-
retary to acquire the good that was the subject 
of a contract for which the offeror refused to 
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provide such data in the future without the 
need for such a waiver. 
SEC. 806. REQUIREMENT THAT CERTAIN SHIP COMPO-
NENTS 
BE 
MANUFACTURED 
IN 
THE 
NA-
TIONAL 
TECHNOLOGY 
AND 
INDUSTRIAL 
BASE. 
(a) ADDITIONAL PROCUREMENT LIMITATION.—Sec-
tion 2534(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(6) COMPONENTS
FOR
AUXILIARY
SHIPS.— 
Subject to subsection (k), the following components: 
‘‘(A) 
Auxiliary 
equipment, 
including 
pumps, for all shipboard services. 
‘‘(B) Propulsion system components, in-
cluding engines, reduction gears, and propellers. 
‘‘(C) Shipboard cranes. 
‘‘(D) Spreaders for shipboard cranes.’’. 
(b) IMPLEMENTATION.—Such section is further 
amended by adding at the end the following new sub-
section: 
‘‘(k) IMPLEMENTATION OF AUXILIARY SHIP COMPO-
NENT LIMITATION.—Subsection (a)(6) applies only with 
respect to contracts awarded by the Secretary of a military 
department for new construction of an auxiliary ship after 
the date of the enactment of the National Defense Author-
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ization Act for Fiscal Year 2020 using funds available for 
National Defense Sealift Fund programs or Shipbuilding 
and Conversion, Navy. For purposes of this subsection, 
the term ‘auxiliary ship’ does not include an icebreaker.’’. 
SEC. 807. ACQUISITION AND DISPOSAL OF CERTAIN RARE 
EARTH MATERIALS. 
(a) GUIDANCE ON STREAMLINED ACQUISITION OF 
COVERED RARE EARTH MATERIALS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Under Secretary of Defense for Acquisition and 
Sustainment, in consultation with the Under Sec-
retary of Defense (Comptroller), the Vice Chairman 
of the Joint Chiefs of Staff, the Secretary of En-
ergy, and the appropriate Under Secretary of State 
designated by the Secretary of State shall establish 
guidance to— 
(A) enable the acquisition of items con-
taining rare earth materials, with a focus on 
items that contain high concentrations of rare 
earth materials; 
(B) establish a secure supply chain for 
rare earth materials from sources within the 
United States and covered foreign sources; and 
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(C) ensure that the United States will 
eliminate dependency on rare earth materials 
from China by fiscal year 2035. 
(2) CONTENTS.—The guidance required by 
paragraph (1) shall encourage the use of rare earth 
materials mined, refined, processed, melted, or sin-
tered in the United States and include— 
(A) a determination of when best value 
contracting methods, including use of a sole 
source contract with a institution of higher edu-
cation (as defined in section 101 of the Higher 
Education Act of 1965 Act (20 U.S.C. 1001)) 
or other entity, should be used to ensure the vi-
ability of a rare earth material supplier; 
(B) a guide to the applicability of relevant 
statutes, including sections 2533b and 2533c of 
title 10, United States Code, and other statu-
tory or regulatory restrictions to defense con-
tracts and subcontracts; 
(C) information on current sources within 
the United States and covered foreign sources 
of rare earth materials along with commonly 
used commercial documentation and review 
processes; 
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(D) directives on budgeting and expending 
funds for the qualification and certification of 
suppliers of rare earth materials within the 
United States to meet national security needs; 
and 
(E) any exceptions to the Joint Capabili-
ties Integration and Development System Man-
ual and Department of Defense Directive 
5000.01. 
(3) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment, in consultation with the appropriate 
Under Secretary of State designated by the Sec-
retary of State, shall submit to the congressional de-
fense committees, the Committee on Foreign Affairs 
of the House of Representatives, and the Committee 
on Foreign Relations of the Senate a report on— 
(A) the guidance required by paragraph 
(1); and 
(B) the efforts of the Secretary of Defense 
to create and maintain secure supply chain for 
rare earth materials from sources within the 
United States and covered foreign sources. 
(4) DEFINITIONS.—In this subsection: 
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(A) COVERED
FOREIGN
SOURCE.—The 
term ‘‘covered foreign source’’ means a source 
located in a foreign country that is not an ad-
versary of the United States, as determined by 
the Secretary of Defense. 
(B) RARE
EARTH
MATERIAL.—The term 
‘‘rare earth material’’ means a concentrate, 
oxide, carbonate, fluoride, metal, alloy, magnet, 
or finished product whose chemical, magnetic, 
or nuclear properties are largely defined by the 
presence of— 
(i) yttrium; 
(ii) scandium; or 
(iii) any lanthanide series element. 
(b) AUTHORITY TO DISPOSE OF AND ACQUIRE MA-
TERIALS FOR THE NATIONAL DEFENSE STOCKPILE.— 
(1) DISPOSAL AUTHORITY.—Pursuant to sec-
tion 5(b) of the Strategic and Critical Materials 
Stock Piling Act (50 U.S.C. 98d(b)), the National 
Defense 
Stockpile 
Manager 
shall 
dispose 
of 
3,000,000 pounds of tungsten ores and concentrates 
contained in the National Defense Stockpile (in ad-
dition to any amount previously authorized for dis-
posal). 
(2) ACQUISITION AUTHORITY.— 
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(A) AUTHORITY.—Using funds available in 
the National Defense Stockpile Transaction 
Fund, the National Defense Stockpile Manager 
may acquire the following materials determined 
to be strategic and critical materials required to 
meet the defense, industrial, and essential civil-
ian needs of the United States: 
(i) Aerospace-grade rayon. 
(ii) Electrolytic manganese metal. 
(iii) Pitch-based carbon fiber. 
(iv) Rare earth cerium compounds. 
(v) Rare earth lanthanum compounds. 
(B) AMOUNT
OF
AUTHORITY.—The Na-
tional Defense Stockpile Manager may use up 
to $14,420,000 in the National Defense Stock-
pile Transaction Fund for acquisition of the 
materials specified in subsection (b). 
(C) FISCAL YEAR LIMITATION.—The au-
thority under subsection (b) is available for pur-
chases during fiscal year 2020 through fiscal 
year 2024. 
(c) NATIONAL DEFENSE STOCKPILE SALES.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that tantalum should be designated as a 
strategic and critical material under the Strategic 
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and Critical Materials Stock Piling Act (50 U.S.C. 
98 et seq.), required to meet the defense, industrial, 
and essential civilian needs of the United States. 
(2) NATIONAL DEFENSE STOCKPILE SALES OF 
TANTALUM.—Section 2533c(d)(1) of title 10, United 
States code, is amended— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) adding at the end the following new 
subparagraph: 
‘‘(E) tantalum.’’. 
(3) PROHIBITION ON SALES OF MATERIALS.— 
Section 2533c(a)(2) of title 10, United States Code, 
is amended by striking ‘‘covered’’ before ‘‘material’’. 
SEC. 808. PROHIBITION ON ACQUISITION OF TANTALUM 
FROM NON-ALLIED FOREIGN NATIONS. 
Subsection (d)(1) of section 2533c of title 10, United 
States Code, is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and 
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(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) tantalum.’’. 
SEC. 809. APPLICATION OF MISCELLANEOUS TECHNOLOGY 
BASE POLICIES AND PROGRAMS TO THE CO-
LUMBIA-CLASS SUBMARINE PROGRAM. 
Notwithstanding subchapter V of chapter 148 of title 
10, United States Code (except for sections 2534, 2533a, 
and 2533b of such title), for a period of one year begin-
ning on the date of the enactment of this Act, the mile-
stone decision authority (as defined in section 2366a of 
title 10, United States Code) for the Columbia-class sub-
marine program shall ensure that such program maintains 
the schedule approved under the Milestone B approval (as 
defined in such section). 
SEC. 810. APPLICATION OF LIMITATION ON PROCUREMENT 
OF GOODS OTHER THAN UNITED STATES 
GOODS TO THE FFG–FRIGATE PROGRAM. 
Notwithstanding any other provision of law, amounts 
authorized to carry out the FFG–Frigate Program may 
be used to award a new contract that provides for the ac-
quisition of the following components regardless of wheth-
er those components are manufactured in the United 
States: 
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(1) Auxiliary equipment (including pumps) for 
shipboard services. 
(2) Propulsion equipment (including engines, 
reduction gears, and propellers). 
(3) Shipboard cranes. 
(4) Spreaders for shipboard cranes. 
SEC. 811. CONSIDERATION OF PRICE IN PROCUREMENT OF 
THE FFG(X) FRIGATE. 
In evaluating proposals for a contract to procure a 
FFG(X) frigate, the Secretary of the Navy shall ensure 
price is a critical evaluation factor set forth in the request 
for proposal (solicitation number N0002419R2300) for 
the procurement of the frigate. 
SEC. 812. REPEAL OF CONTINUATION OF DATA RIGHTS 
DURING CHALLENGES. 
(a) REPEAL.—Section 866 of the John S. McCain 
National Defense Authorization Act for Fiscal Year 2019 
(Public Law 115–232; 132 Stat. 1901; 10 U.S.C. 2321) 
is repealed. 
(b) RESTORATION OF AMENDED PROVISION.—Sub-
section (i) of section 2321 of title 10, United States Code, 
is amended to read as follows: 
‘‘(i) RIGHTS AND LIABILITY UPON FINAL DISPOSI-
TION.—(1) If, upon final disposition, the contracting offi-
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cer’s challenge to the use or release restriction is sus-
tained— 
‘‘(A) the restriction shall be cancelled; and 
‘‘(B) if the asserted restriction is found not to 
be substantially justified, the contractor or subcon-
tractor asserting the restriction shall be liable to the 
United States for payment of the cost to the United 
States of reviewing the asserted restriction and the 
fees and other expenses (as defined in section 
2412(d)(2)(A) of title 28) incurred by the United 
States in challenging the asserted restriction, unless 
special circumstances would make such payment un-
just. 
‘‘(2) If, upon final disposition, the contracting offi-
cer’s challenge to the use or release restriction is not sus-
tained— 
‘‘(A) the United States shall continue to be 
bound by the restriction; and 
‘‘(B) the United States shall be liable for pay-
ment to the party asserting the restriction for fees 
and 
other 
expenses 
(as 
defined 
in 
section 
2412(d)(2)(A) of title 28) incurred by the party as-
serting the restriction in defending the asserted re-
striction if the challenge by the United States is 
found not to be made in good faith.’’. 
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SEC. 813. REPEAL OF AUTHORITY TO WAIVE ACQUISITION 
LAWS TO ACQUIRE VITAL NATIONAL SECU-
RITY CAPABILITIES. 
Section 806 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 
2302 note) is repealed. 
SEC. 814. REPEAL OF TRANSFER OF FUNDS RELATED TO 
COST OVERRUNS AND COST UNDERRUNS. 
(a) IN GENERAL.—Section 828 of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 10 U.S.C. 2430 note) is repealed. 
(b) CONFORMING AMENDMENT.—Section 825 of the 
National Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91; 131 Stat. 1466) is amended— 
(1) by repealing subsection (b); and 
(2) by striking ‘‘(a) IN GENERAL.—’’. 
SEC. 815. ADDITION OF DOMESTICALLY PRODUCED STAIN-
LESS STEEL FLATWARE AND DINNERWARE 
TO THE BERRY AMENDMENT. 
(a) IN GENERAL.—Section 2533a(b) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraphs: 
‘‘(3) Stainless steel flatware. 
‘‘(4) Dinnerware.’’. 
(b) EFFECTIVE DATE.—Paragraphs (3) and (4) of 
section 2533a(b) of title 10, United States Code, as added 
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by subsection (a), shall apply with respect to contracts en-
tered into on or after the date occurring 1 year after the 
date of the enactment of this Act. 
Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 821. MODIFICATIONS TO THE MIDDLE TIER OF ACQUI-
SITION PROGRAMS. 
(a) ACCESS TO TECHNICAL DATA, RECORDS, AND IN-
FORMATION.—Section 804 of the National Defense Au-
thorization Act for Fiscal Year 2016 (Public Law 114– 
92; 10 U.S.C. 2302 note) is amended by adding at the 
end the following new subsection: 
‘‘(e) ACCESS TO TECHNICAL DATA, RECORDS, AND 
INFORMATION.—The Secretary of Defense shall develop a 
process to provide the Director of Operational Test and 
Evaluation, the Director of Cost Assessment and Program 
Evaluation, and the Under Secretary of Defense for Re-
search and Engineering access to all technical data, 
records, and information necessary to evaluate the techno-
logical maturity, operational effectiveness, and operational 
suitability of products and technologies proposed to be ac-
quired under the guidance required by subsection (a).’’. 
(b) DOLLAR THRESHOLD FOR ACQUISITION PRO-
GRAMS.—Subsection (a) of such section is amended— 
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(1) by striking ‘‘Not later than’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Not later than’’; 
(2) in paragraph (1), as so designated, by strik-
ing ‘‘acquisition programs that are intended to be 
completed in a period of two to five years.’’ and in-
serting the following: ‘‘acquisition programs— 
‘‘(A) with an eventual total expenditure for 
research, development, test, and evaluation or 
an eventual total expenditure for procurement 
that is less than those expenditures described in 
section 2430(a)(1)(B) of this title; and 
‘‘(B) that are intended to be completed in 
a period of two to five years.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) WAIVER.—The Secretary of Defense may 
waive the requirements of subparagraph (A) of para-
graph (1), and may not delegate the authority to 
make such a waiver.’’. 
SEC. 822. BRIEFING RELATING TO THE ‘‘MIDDLE TIER’’ OF 
ACQUISITION PROGRAMS. 
(a) IN GENERAL.—Not later than December 1, 2019, 
the Secretary of Defense shall provide a briefing to the 
congressional defense committees on lessons learned and 
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