H. R. 6395—756 
‘‘(F) designate a Department of Defense entity to 
develop, apply, and continually refine an assessment capa-
bility for defining and measuring the impact of Department 
information operations, which entity shall be organization-
ally independent of Department components performing 
or otherwise engaged in operational support to Department 
information operations.’’. 
SEC. 1750. REPORT ON USE OF ENCRYPTION BY DEPARTMENT OF 
DEFENSE NATIONAL SECURITY SYSTEMS. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a 
report detailing the mission need and efficacy of full disk encryption 
across Non-classified Internet Protocol Router Network (NIPRNet) 
and Secretary Internet Protocol Router Network (SIPRNet) endpoint 
computer systems. Such report shall cover matters relating to cost, 
mission impact, and implementation timeline. 
SEC. 1751. GUIDANCE AND DIRECTION ON USE OF DIRECT HIRING 
PROCESSES FOR ARTIFICIAL INTELLIGENCE PROFES-
SIONALS AND OTHER DATA SCIENCE AND SOFTWARE 
DEVELOPMENT PERSONNEL. 
(a) GUIDANCE REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
review applicable Department of Defense guidance and where bene-
ficial issue new guidance to the secretaries of the military depart-
ments and the heads of the defense components on improved use 
of the direct hiring processes for artificial intelligence professionals 
and other data science and software development personnel. 
(b) OBJECTIVE.—The objective of the guidance issued under 
subsection (a) shall be to ensure that organizational leaders assume 
greater responsibility for the results of civilian hiring of artificial 
intelligence professionals and other data science and software 
development personnel. 
(c) CONTENTS
OF GUIDANCE.—At a minimum, the guidance 
required by subsection (a) shall— 
(1) instruct human resources professionals and hiring 
authorities to utilize available direct hiring authorities 
(including excepted service authorities) for the hiring of artifi-
cial intelligence professionals and other data science and soft-
ware development personnel, to the maximum extent prac-
ticable; 
(2) instruct hiring authorities, when using direct hiring 
authorities, to prioritize utilization of panels of subject matter 
experts over human resources professionals to assess applicant 
qualifications and determine which applicants are best qualified 
for a position; 
(3) authorize and encourage the use of ePortfolio reviews 
to provide insight into the previous work of applicants as a 
tangible demonstration of capabilities and contribute to the 
assessment of applicant qualifications by subject matter 
experts; and 
(4) encourage the use of referral bonuses for recruitment 
and hiring of highly qualified artificial intelligence professionals 
and other data science and software development personnel 
in accordance with volume 451 of Department of Defense 
Instruction 1400.25. 
(d) REPORT.—
H. R. 6395—757 
(1) IN GENERAL.—Not later than one year after the date 
on which the guidance is issued under subsection (a), the Sec-
retary shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a report on the guidance issued pursuant 
to subsection (a). 
(2) CONTENTS.—At a minimum, the report submitted under 
paragraph (1) shall address the following: 
(A) The objectives of the guidance and the manner 
in which the guidance seeks to achieve those objectives. 
(B) The effect of the guidance on the hiring process 
for artificial intelligence professionals and other data 
science and software development personnel, including the 
effect on— 
(i) hiring time; 
(ii) the use of direct hiring authority; 
(iii) the use of subject matter experts; and 
(iv) the quality of new hires, as assessed by hiring 
managers and organizational leaders. 
SEC. 1752. NATIONAL CYBER DIRECTOR. 
(a) ESTABLISHMENT.—There is established, within the Executive 
Office of the President, the Office of the National Cyber Director 
(in this section referred to as the ‘‘Office’’). 
(b) NATIONAL CYBER DIRECTOR.— 
(1) IN
GENERAL.—The Office shall be headed by the 
National Cyber Director (in this section referred to as the 
‘‘Director’’) who shall be appointed by the President, by and 
with the advice and consent of the Senate. 
(2) POSITION.—The Director shall hold office at the pleasure 
of the President. 
(3) PAY AND ALLOWANCES.—The Director shall be entitled 
to receive the same pay and allowances as are provided for 
level II of the Executive Schedule under section 5313 of title 
5, United States Code. 
(c) DUTIES OF THE NATIONAL CYBER DIRECTOR.— 
(1) IN GENERAL.—Subject to the authority, direction, and 
control of the President, the Director shall— 
(A) serve as the principal advisor to the President 
on cybersecurity policy and strategy relating to the 
coordination of— 
(i) information security and data protection; 
(ii) programs and policies intended to improve the 
cybersecurity posture of the United States; 
(iii) efforts to understand and deter malicious cyber 
activity; 
(iv) efforts to increase the security of information 
and communications technology and services and to 
promote national supply chain risk management and 
vendor security; 
(v) diplomatic and other efforts to develop norms 
and international consensus around responsible state 
behavior in cyberspace; 
(vi) awareness and adoption of emerging tech-
nology that may enhance, augment, or degrade the 
cybersecurity posture of the United States; and
H. R. 6395—758 
(vii) such other cybersecurity matters as the Presi-
dent considers appropriate; 
(B) offer advice and consultation to the National Secu-
rity Council and its staff, the Homeland Security Council 
and its staff, and relevant Federal departments and agen-
cies, for their consideration, relating to the development 
and coordination of national cyber policy and strategy, 
including the National Cyber Strategy; 
(C) lead the coordination of implementation of national 
cyber policy and strategy, including the National Cyber 
Strategy, by— 
(i) in coordination with the heads of relevant Fed-
eral departments or agencies, monitoring and assessing 
the effectiveness, including cost-effectiveness, of the 
implementation of such national cyber policy and 
strategy by Federal departments and agencies; 
(ii) making recommendations, relevant to changes 
in the organization, personnel, and resource allocation 
and to policies of Federal departments and agencies, 
to the heads of relevant Federal departments and agen-
cies in order to implement such national cyber policy 
and strategy; 
(iii) reviewing the annual budget proposals for rel-
evant Federal departments and agencies and advising 
the heads of such departments and agencies whether 
such proposals are consistent with such national cyber 
policy and strategy; 
(iv) continuously assessing and making relevant 
recommendations to the President on the appropriate 
level of integration and interoperability across the Fed-
eral cyber centers; 
(v) coordinating with the Attorney General, the 
Federal Chief Information Officer, the Director of the 
Office of Management and Budget, the Director of 
National Intelligence, and the Director of the Cyberse-
curity and Infrastructure Security Agency, on the 
streamlining of Federal policies and guidelines, 
including with respect to implementation of subchapter 
II of chapter 35 of title 44, United States Code, and, 
as appropriate or applicable, regulations relating to 
cybersecurity; 
(vi) reporting annually to the President, the Assist-
ant to the President for National Security Affairs, and 
Congress on the state of the cybersecurity posture of 
the United States, the effectiveness of such national 
cyber policy and strategy, and the status of the 
implementation of such national cyber policy and 
strategy by Federal departments and agencies; and 
(vii) such other activity as the President considers 
appropriate to further such national cyber policy and 
strategy; 
(D) lead coordination of the development and ensuring 
implementation by the Federal Government of integrated 
incident response to cyberattacks and cyber campaigns of 
significant consequence, including— 
(i) ensuring and facilitating coordination among 
relevant Federal departments and agencies in the
H. R. 6395—759 
development of integrated operational plans, processes, 
and playbooks, including for incident response, that 
feature— 
(I) clear lines of authority and lines of effort 
across the Federal Government; 
(II) authorities that have been delegated to 
an appropriate level to facilitate effective oper-
ational responses across the Federal Government; 
and 
(III) support for the integration of defensive 
cyber plans and capabilities with offensive cyber 
plans and capabilities in a manner consistent with 
improving the cybersecurity posture of the United 
States; 
(ii) ensuring the exercising of defensive operational 
plans, processes, and playbooks for incident response; 
(iii) ensuring the updating of defensive operational 
plans, processes, and playbooks for incident response 
as needed to keep them updated; and 
(iv) reviewing and ensuring that defensive oper-
ational plans, processes, and playbooks improve 
coordination with relevant private sector entities, as 
appropriate; 
(E) preparing the response by the Federal Government 
to cyberattacks and cyber campaigns of significant con-
sequence across Federal departments and agencies with 
responsibilities pertaining to cybersecurity and with the 
relevant private sector entities, including— 
(i) developing for the approval of the President, 
in coordination with the Assistant to the President 
for National Security Affairs and the heads of relevant 
Federal departments and agencies, operational prior-
ities, requirements, and plans; 
(ii) ensuring incident response is executed con-
sistent with the plans described in clause (i); and 
(iii) ensuring relevant Federal department and 
agency consultation with relevant private sector enti-
ties in incident response; 
(F) coordinate and consult with private sector leaders 
on cybersecurity and emerging technology issues in support 
of, and in coordination with, the Director of the Cybersecu-
rity and Infrastructure Security Agency, the Director of 
National Intelligence, and the heads of other Federal 
departments and agencies, as appropriate; 
(G) annually report to Congress on cybersecurity 
threats and issues facing the United States, including any 
new or emerging technologies that may affect national 
security, economic prosperity, or enforcing the rule of law; 
and 
(H) be responsible for such other functions as the Presi-
dent may direct. 
(2) DELEGATION OF AUTHORITY.—(A) The Director may— 
(i) serve as the senior representative to any organiza-
tion that the President may establish for the purpose of 
providing the President advice on cybersecurity; 
(ii) subject to subparagraph (B), be included as a 
participant in preparations for and, when appropriate, the
H. R. 6395—760 
execution of domestic and international summits and other 
international meetings at which cybersecurity is a major 
topic; 
(iii) delegate any of the Director’s functions, powers, 
and duties to such officers and employees of the Office 
as the Director considers appropriate; and 
(iv) authorize such successive re-delegations of such 
functions, powers, and duties to such officers and employees 
of the Office as the Director considers appropriate. 
(B) In acting under subparagraph (A)(ii) in the case of 
a summit or a meeting with an international partner, the 
Director shall act in coordination with the Secretary of State. 
(d) ATTENDANCE
AND PARTICIPATION
IN NATIONAL SECURITY 
COUNCIL MEETINGS.—Section 101(c)(2) of the National Security Act 
of 1947 (50 U.S.C. 3021(c)(2)) is amended by striking ‘‘and the 
Chairman of the Joint Chiefs of Staff’’ and inserting ‘‘the Chairman 
of the Joint Chiefs of Staff, and the National Cyber Director’’. 
(e) POWERS OF THE DIRECTOR.—The Director may, for the pur-
poses of carrying out the functions of the Director under this sec-
tion— 
(1) subject to the civil service and classification laws, select, 
appoint, employ, and fix the compensation of such officers and 
employees as are necessary and prescribe their duties, except 
that not more than 75 individuals may be employed without 
regard to any provision of law regulating the employment or 
compensation at rates not to exceed the basic rate of basic 
pay payable for level IV of the Executive Schedule under section 
5315 of title 5, United States Code; 
(2) employ experts and consultants in accordance with sec-
tion 3109 of title 5, United States Code, and compensate individ-
uals so employed for each day (including travel time) at rates 
not in excess of the maximum rate of basic pay for grade 
GS–15 as provided in section 5332 of such title, and while 
such experts and consultants are so serving away from their 
homes or regular place of business, to pay such employees 
travel expenses and per diem in lieu of subsistence at rates 
authorized by section 5703 of such title 5 for persons in Federal 
Government service employed intermittently; 
(3) promulgate such rules and regulations as may be nec-
essary to carry out the functions, powers, and duties vested 
in the Director; 
(4) utilize, with their consent, the services, personnel, and 
facilities of other Federal agencies; 
(5) enter into and perform such contracts, leases, coopera-
tive agreements, or other transactions as may be necessary 
in the conduct of the work of the Office and on such terms 
as the Director may determine appropriate, with any Federal 
agency, or with any public or private person or entity; 
(6) accept voluntary and uncompensated services, notwith-
standing the provisions of section 1342 of title 31, United 
States Code; 
(7) adopt an official seal, which shall be judicially noticed; 
and 
(8) provide, where authorized by law, copies of documents 
to persons at cost, except that any funds so received shall 
be credited to, and be available for use from, the account 
from which expenditures relating thereto were made.
H. R. 6395—761 
(f) RULES OF CONSTRUCTION.—Nothing in this section may be 
construed as— 
(1) modifying any authority or responsibility, including any 
operational authority or responsibility of any head of a Federal 
department or agency; 
(2) authorizing the Director or any person acting under 
the authority of the Director to interfere with or to direct 
a criminal or national security investigation, arrest, search, 
seizure, or disruption operation; 
(3) amending a legal restriction that was in effect on the 
day before the date of the enactment of this Act that requires 
a law enforcement agency to keep confidential information 
learned in the course of a criminal or national security inves-
tigation; 
(4) authorizing the Director or any person acting under 
the authority of the Director to interfere with or to direct 
a military operation; 
(5) authorizing the Director or any person acting under 
the authority of the Director to interfere with or to direct 
any diplomatic or consular activity; 
(6) authorizing the Director or any person acting under 
the authority of the Director to interfere with or to direct 
an intelligence activity, resource, or operation; or 
(7) authorizing the Director or any person acting under 
the authority of the Director to modify the classification of 
intelligence information. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘cybersecurity posture’’ means the ability 
to identify, to protect against, to detect, to respond to, and 
to recover from an intrusion in an information system the 
compromise of which could constitute a cyber attack or cyber 
campaign of significant consequence. 
(2) The term ‘‘cyber attack and cyber campaign of signifi-
cant consequence’’ means an incident or series of incidents 
that has the purpose or effect of— 
(A) causing a significant disruption to the confiden-
tiality, integrity, or availability of a Federal information 
system; 
(B) harming, or otherwise significantly compromising 
the provision of service by, a computer or network of com-
puters that support one or more entities in a critical infra-
structure sector; 
(C) significantly compromising the provision of services 
by one or more entities in a critical infrastructure sector; 
(D) causing a significant misappropriation of funds 
or economic resources, trade secrets, personal identifiers, 
or financial information for commercial or competitive 
advantage or private financial gain; or 
(E) otherwise constituting a significant threat to the 
national security, foreign policy, or economic health or 
financial stability of the United States. 
(3) The term ‘‘incident’’ has the meaning given such term 
in section 3552 of title 44, United States Code. 
(4) The term ‘‘incident response’’ means a government or 
private sector activity that detects, mitigates, or recovers from 
a cyber attack or cyber campaign of significant consequence.
H. R. 6395—762 
(5) The term ‘‘information security’’ has the meaning given 
such term in section 3552 of title 44, United States Code. 
(6) The term ‘‘intelligence’’ has the meaning given such 
term in section 3 of the National Security Act of 1947 (50 
U.S.C. 3003). 
TITLE XVIII—TRANSFER AND REORGA-
NIZATION OF DEFENSE ACQUISITION 
STATUTES 
TITLE XVIII—TRANSFER AND REORGANIZATION OF DEFENSE 
ACQUISITION STATUTES 
Sec. 1801. Transfer and reorganization of defense acquisition statutes. 
Subtitle A—Definitions 
Sec. 1806. Definitions. 
Sec. 1807. General matters. 
Sec. 1808. Defense acquisition system. 
Sec. 1809. Budgeting and appropriations. 
Sec. 1810. Operational contract support. 
Subtitle B—Acquisition Planning 
Sec. 1811. Planning and solicitation generally. 
Sec. 1812. Independent cost estimation and cost analysis. 
Sec. 1813. Other provisions relating to planning and solicitation generally. 
Subtitle C—Contracting Methods and Contract Types 
Sec. 1816. Awarding of contracts. 
Sec. 1817. Specific types of contracts. 
Sec. 1818. Other matters relating to awarding of contracts. 
Sec. 1819. Undefinitized contractual actions. 
Sec. 1820. Task and delivery order contracts. 
Sec. 1821. Acquisition of commercial products and commercial services. 
Sec. 1822. Multiyear contracts. 
Sec. 1823. Simplified acquisition procedures. 
Sec. 1824. Rapid acquisition procedures. 
Sec. 1825. Contracts for long-term lease or charter of vessels, aircraft, and combat 
vehicles. 
Subtitle D—General Contracting Provisions 
Sec. 1831. Cost or pricing data. 
Sec. 1832. Allowable costs. 
Sec. 1833. Proprietary contractor data and rights in technical data. 
Sec. 1834. Contract financing. 
Sec. 1835. Contractor audits and accounting. 
Sec. 1836. Claims and disputes. 
Sec. 1837. Foreign acquisitions. 
Sec. 1838. Socioeconomic programs. 
Subtitle E—Research and Engineering 
Sec. 1841. Research and engineering generally. 
Sec. 1842. Innovation. 
Sec. 1843. Department of Defense laboratories. 
Sec. 1844. Research and development centers and facilities. 
Sec. 1845. Test and evaluation. 
Subtitle F—Major Systems, Major Defense Acquisition Programs, and Weapon 
Systems Development 
Sec. 1846. General matters. 
Sec. 1847. Major systems and major defense acquisition programs generally. 
Sec. 1848. Life-cycle and sustainment. 
Sec. 1849. Program status–selected acquisition reports. 
Sec. 1850. Cost growth—unit cost reports (Nunn-McCurdy). 
Sec. 1851. Weapon systems development and related matters.
H. R. 6395—763 
Subtitle G—Other Special Categories of Contracting 
Sec. 1856. Acquisition of services generally. 
Sec. 1857. Acquisition of information technology. 
Subtitle H—Contract Management 
Sec. 1861. Contract administration. 
Sec. 1862. Prohibitions and penalties. 
Sec. 1863. Contractor workforce. 
Sec. 1864. Other administrative matters. 
Subtitle I—Defense Industrial Base 
Sec. 1866. Defense industrial base generally. 
Sec. 1867. Policies and planning. 
Sec. 1868. Development, application, and support of dual-use technologies. 
Sec. 1869. Manufacturing technology. 
Sec. 1870. Other technology base policies and programs. 
Sec. 1871. Small business programs. 
Sec. 1872. Procurement technical assistance cooperative agreement program. 
Sec. 1873. Loan guarantee programs. 
Subtitle J—Other Matters 
Sec. 1876. Recodification of certain title 10 provisions relating to contract financing 
for certain Navy contracts. 
Sec. 1877. Recodification of title 10 statute on cadre of personnel who are intellec-
tual property experts. 
Sec. 1878. Transfer of title 10 section relating to notification of Navy procurement 
production disruptions. 
Sec. 1879. Transfer of title 10 section relating to energy security. 
Sec. 1880. Part IV heading. 
Sec. 1881. Repeal of chapters 137, 139, 144, and 148. 
Sec. 1882. Revision of chapter 141. 
Sec. 1883. References. 
Sec. 1884. Savings provisions. 
Sec. 1885. Rule of construction. 
SEC. 1801. TRANSFER AND REORGANIZATION OF DEFENSE ACQUISI-
TION STATUTES. 
(a) ACTIVITIES.—Not later than February 1, 2021, the Secretary 
of Defense shall establish a process to engage interested parties 
and experts from the public and private sectors, as determined 
appropriate by the Secretary, in a comprehensive review of this 
title and the amendments made by this title. 
(b) ASSESSMENT AND REPORT.—Not later than March 15, 2021, 
the Secretary of Defense shall submit to the congressional defense 
committees a report evaluating this title and the amendments made 
by this title that shall include the following elements: 
(1) Specific recommendations for modifications to the legis-
lative text of this title and the amendments made by this 
title, along with a list of conforming amendments to law 
required by this title and the amendments made by this title. 
(2) A summary of activities conducted pursuant to the 
process established under subsection (a), including an assess-
ment of the effect of this title and the amendments made 
by this title on related Department of Defense activities, guid-
ance, and interagency coordination. 
(3) An implementation plan for updating the regulations 
and guidance relating to this title and the amendments made 
by this title that contains the following elements: 
(A) A description of how the plan will be implemented. 
(B) A schedule with milestones for the implementation 
of the plan. 
(C) A description of the assignment of roles and respon-
sibilities for the implementation of the plan.
H. R. 6395—764 
(D) A description of the resources required to imple-
ment the plan. 
(E) A description of how the plan will be reviewed 
and assessed to monitor progress. 
(4) Such other items as the Secretary considers appropriate. 
(d) ENACTMENT AND IMPLEMENTATION.— 
(1) DELAYED ENACTMENT.—Except as specifically provided, 
this title and the amendments made by this title shall take 
effect on January 1, 2022. 
(2) DELAYED
IMPLEMENTATION.—Not later than January 
1, 2023, the Secretary of Defense shall take such action as 
necessary to revise or modify the Department of Defense 
Supplement to the Federal Acquisition Regulation and other 
existing authorities affected by the enactment of this title and 
the amendments made by this title. 
(3) APPLICABILITY.— 
(A) IN GENERAL.—The Secretary of Defense shall apply 
the law as in effect on December 31, 2021, with respect 
to contracts entered into during the covered period. 
(B) COVERED PERIOD DEFINED.—In this paragraph, the 
term ‘‘covered period’’ means the period beginning on 
January 1, 2022, and ending on the earlier of— 
(i) the date on which the Secretary of Defense 
revises or modifies authorities pursuant to paragraph 
(2); or 
(ii) January 1, 2023. 
Subtitle A—Definitions 
SEC. 1806. DEFINITIONS. 
(a) NEW CHAPTER.— 
(1) NEW SUBCHAPTER.—Part V of subtitle A of title 10, 
United States Code, as added by section 801 of the John S. 
McCain National Defense Authorization Act for Fiscal Year 
2019 (Public Law 115–232), is amended by striking chapter 
201 and inserting the following: 
‘‘CHAPTER 201—DEFINITIONS 
‘‘Subchapter
Sec. 
‘‘I. Definitions Relating to Defense Acquisition System Generally ...................
3001 
‘‘II. Definitions Applicable to Procurement Generally ........................................
3011 
‘‘III. Definitions Relating to Major Systems and Major Defense Acquisition 
Programs ...................................................................................................
3041 
‘‘SUBCHAPTER I—DEFINITIONS RELATING TO DEFENSE 
ACQUISITION SYSTEM GENERALLY 
‘‘Sec. 
‘‘3001. Defense acquisition system; element of the defense acquisition system. 
‘‘3002. Federal Acquisition Regulation. 
‘‘3003. Defense Federal Acquisition Regulation Supplement. 
‘‘3004. Head of an agency. 
‘‘3005. Service chief concerned. 
‘‘3006. Acquisition workforce.
H. R. 6395—765 
‘‘§ 3001. Defense acquisition system; element of the defense 
acquisition system 
‘‘§ 3002. Federal Acquisition Regulation 
‘‘§ 3003. Defense Federal Acquisition Regulation Supplement 
‘‘øReserved¿. 
‘‘§ 3004. Head of an agency 
‘‘§ 3005. Service chief concerned 
‘‘øReserved¿. 
‘‘§ 3006. Acquisition workforce 
‘‘For the definition of the term ‘acquisition workforce’ for the 
purposes of this part, see section 101(a)(18) of this title.’’. 
(2) TRANSFER OF SECTION 2545(2).—Paragraph (2) of section 
2545 of title 10, United States Code, is transferred to section 
3001 of such title, as added by paragraph (1), inserted after 
the section heading, redesignated as subsection (a), realigned 
2 ems to the left, and amended— 
(A) by striking ‘‘The term’’ and inserting ‘‘DEFENSE 
ACQUISITION SYSTEM.—In this part, the term’’; 
(B) by striking ‘‘means the’’ and inserting ‘‘means— 
‘‘(1) the’’; 
(C) by striking ‘‘of Defense; the management’’ and 
inserting ‘‘of Defense; 
‘‘(2) the management’’; and 
(D) by striking ‘‘of Defense; and the’’ and inserting 
‘‘of Defense; and 
‘‘(3) the’’. 
(3) TRANSFER OF SECTION 2545(3).—Paragraph (3) of section 
2545 of title 10, United States Code, is transferred to section 
3001 of such title, as added by paragraph (1), inserted after 
subsection (a), as transferred and redesignated by paragraph 
(2), redesignated as subsection (b), realigned 2 ems to the 
left, and amended— 
(A) by striking ‘‘The term’’ and inserting ‘‘ELEMENT 
OF THE DEFENSE ACQUISITION SYSTEM.—In this part, the 
term’’; 
(B) by striking ‘‘organization that employs’’ and 
inserting ‘‘organization that— 
‘‘(1) employs’’; 
(C) by striking ‘‘workforce, carries out’’ and inserting 
‘‘workforce; 
‘‘(2) carries out’’; and 
(D) by striking ‘‘functions, and focuses’’ and inserting 
‘‘functions; and 
‘‘(3) focuses’’. 
(4) TRANSFER OF SECTION 2545(1).—Paragraph (1) of section 
2545 of title 10, United States Code, is transferred to section 
3001 of such title, as added by paragraph (1), inserted after 
subsection (b), as transferred and redesignated by paragraph 
(3), redesignated as subsection (c), realigned 2 ems to the 
left, and amended by striking ‘‘The term’’ and inserting 
‘‘ACQUISITION.—In this section, the term’’. 
(5) TRANSFER OF SECTION 2302(6).—Paragraph (6) of section 
2302 of title 10, United States Code, is transferred to section
H. R. 6395—766 
3002 of such title, as added by paragraph (1), inserted after 
the section heading, realigned 2 ems to the left, and amended— 
(A) by striking the paragraph designation; and 
(B) by striking ‘‘The term’’ and inserting ‘‘In this part, 
the term’’. 
(6) TRANSFER OF SECTION 2302(1).—Paragraph (1) of section 
2302 of title 10, United States Code, is transferred to section 
3004 of such title, as added by paragraph (1), inserted after 
the section heading, realigned 2 ems to the left, and amended— 
(A) by striking the paragraph designation; and 
(B) by striking ‘‘The term’’ and inserting ‘‘In this part, 
the term’’. 
(b) NEW SUBCHAPTER II.— 
(1) IN
GENERAL.—Such chapter is further amended by 
adding at the end the following new subchapter: 
‘‘SUBCHAPTER II—DEFINITIONS APPLICABLE TO 
PROCUREMENT GENERALLY 
‘‘Sec. 
‘‘3011. Definitions incorporated from title 41. 
‘‘3012. Competitive procedures. 
‘‘3013. Technical data. 
‘‘3014. Nontraditional defense contractor. 
‘‘3015. Simplified acquisition threshold. 
‘‘3016. Chapter 137 legacy provisions. 
‘‘§ 3011. Definitions incorporated from title 41 
‘‘§ 3012. Competitive procedures 
‘‘§ 3013. Technical data 
‘‘§ 3014. Nontraditional defense contractor 
‘‘§ 3015. Simplified acquisition threshold’’. 
(2) TRANSFER OF 2302(3).—Paragraph (3) of section 2302 
of such title is transferred to section 3011 of such title, as 
added by paragraph (1), inserted after the section heading, 
realigned 2 ems to the left, and amended— 
(A) by striking the paragraph designation; 
(B) by striking ‘‘The following’’ and inserting ‘‘In any 
chapter 137 legacy provision, the following’’; and 
(C) by redesignating subparagraphs (A) through (M) 
as paragraphs (1) through (13), respectively. 
(3) TRANSFER OF 2302(2).—Paragraph (2) of section 2302 
of such title is transferred to section 3012 of such title, as 
added by paragraph (1), inserted after the section heading, 
realigned 2 ems to the left, and amended— 
(A) by striking the paragraph designation; 
(B) by striking ‘‘The term’’ and inserting ‘‘In this part, 
the term’’; 
(C) by redesignating subparagraphs (A), (B), (C), (D), 
and (E) as paragraphs (1), (2), (3), (4), and (5), respectively; 
and 
(D) by redesignating clauses (i) and (ii) of paragraph 
(3), as so redesignated, as subparagraphs (A) and (B), 
respectively. 
(4) TRANSFER OF 2302(4).—Paragraph (4) of section 2302 
of such title is transferred to section 3013 of such title, as
H. R. 6395—767 
added by paragraph (1), inserted after the section heading, 
realigned 2 ems to the left, and amended— 
(A) by striking the paragraph designation; and 
(B) by striking ‘‘The term’’ and inserting ‘‘In any 
chapter 137 legacy provision, the term’’. 
(5) TRANSFER OF 2302(9).—Paragraph (9) of section 2302 
of such title is transferred to section 3014 of such title, as 
added by paragraph (1), inserted after the section heading, 
realigned 2 ems to the left, and amended— 
(A) by striking the paragraph designation; 
(B) by striking ‘‘The term’’ and inserting ‘‘In this part, 
the term’’; and 
(C) by striking ‘‘section 2371(a) or 2371b’’ and inserting 
‘‘section 4002(a) or 4003’’. 
(6) TRANSFER OF 2302(7) & (8).—Paragraphs (7) and (8) of 
section 2302 of such title are transferred to section 3015 of 
such title, as added by paragraph (1), and redesignated as 
paragraphs (1) and (2), respectively, and such section is further 
amended by inserting before paragraph (1), as so redesignated, 
the following: 
‘‘In this part:’’. 
(7) CHAPTER 137 LEGACY PROVISIONS DEFINED.—Subchapter 
II of such chapter, as added by paragraph (1), is further 
amended by adding at the following new section: 
‘‘§ 3016. Chapter 137 legacy provisions 
‘‘In this part, the term ‘chapter 137 legacy provisions’ means 
the following sections of this title: sections 3002, 3004, 3011–3015, 
3041, 3063–3069, 3134, 3151–3157, 3201–3208, 3221–3227, 3241, 
3243, 3249, 3252, 3301–3309, 3321–3323, 3344, 3345, 3371–3375, 
3377, 3401, 3403, 3405, 3406, 3501–3511, 3531–3535, 3571, 3572, 
3573, 3701–3708, 3741–3750, 3761, 3771–3775, 3781–3786, 3791, 
3794, 3801–3807, 3841, 3842, 3847, 3881, 3901, 3902, 4202(b), 
4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576, 4657, 4660, 4751, 
4752, and 8751.’’. 
(c) NEW SUBCHAPTER III.— 
(1) IN
GENERAL.—Such chapter is further amended by 
adding after subchapter II, as added by subsection (b), the 
following new subchapter: 
‘‘SUBCHAPTER III—DEFINITIONS RELATING TO MAJOR 
SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS 
‘‘Sec. 
‘‘3041. Major system. 
‘‘3042. Major defense acquisition program. 
‘‘§ 3041. Major system 
‘‘§ 3042. Major defense acquisition program 
‘‘For the definition of the term ‘major defense acquisition pro-
gram’ for purposes of this part, see section 4201 of this title.’’. 
(2) TRANSFER OF 2302(5).—Paragraph (5) of section 2302 
of such title is transferred to section 3041 of such title, as 
added by paragraph (1), inserted after the section heading, 
realigned 2 ems to the left, redesignated as subsection (a), 
and amended—
H. R. 6395—768 
(A) by striking ‘‘The term’’ and inserting ‘‘IN GEN-
ERAL.—In this part (other than in sections 4292(e) and 
4321), the term’’; 
(B) by designating the third sentence as subsection 
(b); 
(C) in subsection (b), as so designated— 
(i) by inserting ‘‘SYSTEM CONSIDERED
TO BE
A 
MAJOR SYSTEM.—’’ before ‘‘A system shall be’’; and 
(ii) by striking ‘‘system if (A)’’ and all that follows 
and inserting ‘‘system if— 
‘‘(1) the conditions of subsection (c) or (d), as applicable, 
are satisfied; or 
‘‘(2) the system is designated a ‘major system’ by the head 
of the agency responsible for the system.’’. 
(3) TRANSFER
OF
2302D(A)
AND
(B).—Subsections (a) and 
(b) of section 2302d of such title are transferred to section 
3041 of such title, as amended by paragraph (2), inserted after 
subsection (b), as designated by paragraph (2)(B), redesignated 
as subsections (c) and (d), respectively, and amended— 
(A) by striking ‘‘section 2302(5) of this title’’ in both 
subsections and inserting ‘‘subsection (b)’’; and 
(B) in subsection (c), as so redesignated— 
(i) by striking ‘‘SYSTEMS.—For purposes of’’ and 
inserting ‘‘SYSTEMS.— 
‘‘(1) IN GENERAL.—For purposes of’’; 
(ii) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; and 
(iii) by adding at the end the following new para-
graph: 
‘‘(2) ADJUSTMENT AUTHORITY.—Authority for the Secretary 
of Defense to adjust amounts and the base fiscal year in effect 
under this subsection is provided in section 4202(b) of this 
title.’’. 
(d) CONFORMING REPEAL.—Section 2302 of title 10, United 
States Code, is repealed. 
(e) CONFORMING CROSS-REFERENCE AMENDMENTS.— 
(1) HEAD OF AN AGENCY.—The following provisions of law 
are amended by striking ‘‘section 2302(1)’’ and inserting ‘‘section 
3004’’: 
(A) Section 2218(k)(4) of title 10, United States Code. 
(B) Section 2646(c)(1) of title 10, United States Code. 
(2) MAJOR SYSTEM.—The following provisions of law are 
amended by striking ‘‘section 2302(5)’’ and inserting ‘‘section 
3041’’: 
(A) Section 933(e)(1)(A) of the National Defense 
Authorization Act for Fiscal Year 2013 (Public Law 112– 
239; 10 U.S.C. 2224 note). 
(B) Section 932(b)(1) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111–383; 10 U.S.C. 2224 note). 
(C) Section 254(f)(1) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 10 U.S.C. 2302 note). 
(D) Section 812(k) of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 10 U.S.C. 2302 note).
H. R. 6395—769 
(E) 
Section 
4471(f)(1) 
of 
the 
National 
Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102– 
484; 10 U.S.C. 2501 note). 
(3) NONTRADITIONAL DEFENSE CONTRACTOR.—The following 
provisions of law are amended by striking ‘‘section 2302(9)’’ 
or ‘‘section 2302’’, as the case may be, and inserting ‘‘section 
3014’’: 
(A) Section 1110(b)(2) of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 10 U.S.C. 1701 note). 
(B) Section 217(e)(2)(D) of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 10 U.S.C. 2222 note). 
(C) Section 843(c)(4) of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public 
Law 115–232; 10 U.S.C. 2302 note). 
(D) 
Section 
884(e)(1) 
of 
the 
National 
Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114– 
328; 10 U.S.C. 2302 note). 
(E) Section 866(e)(3) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111–383; 10 U.S.C. 2302 note). 
(F) Section 831(o)(2)(H)(i) of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101– 
510; 10 U.S.C. 2302 note). 
(4) SIGNIFICANT
NONMAJOR
DEFENSE
ACQUISITION
PRO-
GRAM.—Section 1737(a)(3) of title 10, United States Code, is 
amended by striking ‘‘section 2302(5)(A)’’ both places it appears 
and inserting ‘‘section 3041(b)(1)’’. 
(5) SIMPLIFIED ACQUISITION THRESHOLD.—Section 801(f)(4) 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 10 U.S.C. 2304 note) is amended by 
striking ‘‘section 2302(7)’’ and inserting ‘‘section 3015(a)’’: 
SEC. 1807. GENERAL MATTERS. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by striking chapter 203 and inserting the fol-
lowing: 
‘‘CHAPTER 203—GENERAL MATTERS 
‘‘Sec. 
‘‘3061. øReserved¿. 
‘‘3062. Regulations. 
‘‘3063. Covered agencies. 
‘‘3064. Applicability chapter 137 legacy provisions. 
‘‘3065. Assignment and delegation of procurement functions and responsibilities: del-
egation within agency. 
‘‘3066. Assignment and delegation of procurement functions and responsibilities: 
procurements for or with other agencies. 
‘‘3067. Approval required for military department termination or reduction in par-
ticipation in joint acquisition programs. 
‘‘3068. Inapplicability of certain laws. 
‘‘3069. Buy-to-budget acquisition: end items. 
‘‘3070. Limitation on acquisition of excess supplies. 
‘‘3071. øReserved¿. 
‘‘3072. Comptroller General assessment of acquisition programs and initiatives.’’. 
(b) SECTION 2202 OF TITLE 10 (PARTIAL).—
H. R. 6395—770 
(1) IN GENERAL.—Chapter 203 of title 10, United States 
Code, as amended by subsection (a), is amended by inserting 
after the table of sections the following new sections: 
‘‘§ 3062. Regulations 
‘‘The Secretary of Defense shall prescribe regulations governing 
the performance within the Department of Defense of the procure-
ment functions, and related functions, of the Department of 
Defense.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 2202 of title 10, United States Code, is 
amended by striking ‘‘procurement,’’. 
(B) The heading of such section, and the item relating 
to such section in the table of sections at the beginning 
of chapter 131 of such title, are amended by striking the 
third word and the comma following that word. 
(c) SECTION 2303 OF TITLE 10.— 
(1) IN GENERAL.—Chapter 203 of title 10, United States 
Code, is amended by adding after section 3062, as added by 
subsection (b), the following new sections: 
‘‘§ 3063. Covered agencies 
‘‘For purposes of any provision of law referring to this section, 
the agencies named in this section are the following: 
‘‘§ 3064. Applicability of chapter 137 legacy provisions’’. 
(2) TRANSFER OF LIST OF COVERED AGENCIES.—Paragraphs 
(1) through (6) of section 2303(a) of title 10, United States 
Code, are transferred to the end of section 3063 of such title, 
as added by paragraph (1). 
(3) TRANSFER OF APPLICABILITY PROVISIONS.—Subsection (a) 
(as amended by paragraph (2)) and subsection (b) of section 
2303 of such title are transferred to section 3064 of such title, 
as added by paragraph (1), inserted after the section heading, 
and amended— 
(A) in subsection (a)— 
(i) by striking ‘‘This chapter’’ and inserting ‘‘GEN-
ERAL APPLICABILITY.—Any provision of this part that 
is a chapter 137 legacy provision;’’ 
(ii) by striking ‘‘of the following agencies’’ and 
inserting ‘‘by any of the agencies named in section 
3063 of this title’’; and 
(iii) by striking the colon after ‘‘funds’’ and 
inserting a period; and 
(B) in subsection (b), by striking ‘‘The provisions of 
this chapter’’ and inserting ‘‘APPLICABILITY TO CONTRACTS 
FOR INSTALLATION OR ALTERATION.—The provisions of this 
part that are chapter 137 legacy provisions’’. 
(4) CONFORMING REPEAL.—Section 2303 of title 10, United 
States Code, is repealed. 
(d) TRANSFER OF SECTION 2311 OF TITLE 10.— 
(1) TRANSFER.—Section 2311 of title 10, United States 
Code, is transferred to chapter 203 of such title, inserted after 
section 3064, as added by subsection (c), and redesignated 
as section 3065. 
(2) DIVISION INTO THREE SECTIONS.—The text transferred 
and redesignated by paragraph (1) is amended—
H. R. 6395—771 
(A) by inserting after subsection (a) the following new 
section heading: 
‘‘§ 3066. Assignment and delegation of procurement functions 
and responsibilities: procurements for or with 
other agencies’’; 
(B) by inserting after subsection (b) the following new 
section heading: 
‘‘§ 3067. Approval required for military department termi-
nation or reduction in participation in joint 
acquisition programs’’; 
(C) in section 3065, as so redesignated— 
(i) by striking ‘‘(a) IN GENERAL.—’’; and 
(ii) by striking ‘‘under this chapter’’ and inserting 
‘‘under any provision of this part that is a chapter 
137 legacy provision’’; 
(D) in section 3066, as so designated— 
(i) by striking ‘‘(b) PROCUREMENTS FOR OR WITH 
OTHER
AGENCIES.—Subject to subsection (a)’’ and 
inserting ‘‘Subject to section 3065 of this title’’; 
(ii) by striking ‘‘covered by this chapter’’ and 
inserting ‘‘covered by any provision of this part that 
is a chapter 137 legacy provision’’; and 
(iii) by striking ‘‘section 2303’’ and inserting ‘‘sec-
tion 3063’’; and 
(E) in section 3067, as so designated— 
(i) by redesignating subsection (c) as subsection 
(a); 
(ii) by striking ‘‘(1)’’; 
(iii) by redesignating paragraph (2) as subsection 
(b) and inserting ‘‘REQUIRED CONTENT
OF REGULA-
TIONS.—’’ before ‘‘The regulations’’; and 
(iv) by redesignating subparagraphs (A) and (B) 
as paragraphs (1) and (2), respectively. 
(3) CONFORMING
AMENDMENT.—The heading of section 
3065, as transferred and redesignated by paragraph (1), is 
amended to read as follows: 
‘‘§ 3065. Assignment and delegation of procurement functions 
and responsibilities: delegation within agency’’. 
(e) TRANSFER AND CONSOLIDATION OF SECTIONS 2314 & 2315 
OF TITLE 10.— 
(1) NEW SECTION.—Chapter 203 of title 10, United States 
Code, is amended by adding after section 3067, as designated 
by subsection (d), the following new section: 
‘‘§ 3068. Inapplicability of certain laws’’. 
(2) TRANSFER OF SECTION 2314.—The text of section 2314 
of such title is transferred to section 3068, as added by para-
graph (1), inserted after the section heading, designated as 
subsection (a), and amended— 
(A) by inserting ‘‘LAWS INAPPLICABLE
TO AGENCIES 
NAMED IN SECTION 3063.—’’ before ‘‘Sections’’; and 
(B) by striking ‘‘section 2303’’ and inserting ‘‘section 
3063 of this title’’.
H. R. 6395—772 
(3) TRANSFER OF SECTION 2315.—The text of section 2315 
of such title is transferred to section 3068, as added by para-
graph (1), inserted after subsection (a), as transferred and 
designated by paragraph (2), designated as subsection (b), and 
amended by inserting ‘‘LAWS INAPPLICABLE TO PROCUREMENT 
OF AUTOMATIC DATA PROCESSING EQUIPMENT AND SERVICES 
FOR CERTAIN DEFENSE PURPOSES.—’’ before ‘‘Sections’’. 
(4) CONFORMING REPEALS.—Sections 2314 and 2315 of title 
10, United States Code, are repealed. 
(f) TRANSFER OF SECTION 2308.—Section 2308 of title 10, United 
States Code, is transferred to chapter 203 of such title, inserted 
after section 3068, as added by subsection (e), redesignated as 
section 3069, and amended by striking ‘‘section 2304’’ in subsection 
(b)(2) and inserting ‘‘sections 3201 through 3205’’. 
(g) TRANSFER OF SECTIONS 2213 AND 2229B.— 
(1) TRANSFER.—Sections 2213 and 2229b of such title are 
transferred to chapter 203 of such title, inserted after section 
3069, as transferred and redesignated by subsection (f), and 
redesignated as sections 3070 and 3072, respectively. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 131 of such title is amended by striking 
the items relating to section 2213 and 2229b. 
SEC. 1808. DEFENSE ACQUISITION SYSTEM. 
(a) TRANSFER OF CHAPTER 149.— 
(1) TRANSFER OF CHAPTER.—Chapter 149 of title 10, United 
States Code, is transferred to part V of subtitle A of that 
title, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 
115–232), inserted in place of chapter 205 as enacted by that 
section, and redesignated as chapter 205. 
(2) REDESIGNATION OF SECTIONS.—Sections in chapter 205 
of title 10, United States Code, as transferred and redesignated 
by paragraph (1), are redesignated as follows: 
Old Section No. 
New Sec-
tion No. 
2545 
3101 
2546 
3103 
2546a 
3102 
2547 
3104 
2548 
3105 
(3) REVISION OF ORDER OF SECTIONS.— 
(A) Section 3102 of such title, as redesignated by para-
graph (2), is transferred within such section so as to appear 
after section 3101, as so redesignated. 
(B) The items in the table of sections at the beginning 
of such chapter, as transferred by paragraph (1), are 
amended to conform to the redesignations made by para-
graph (2) and the transfer made by subparagraph (A). 
(4) TABLES OF CHAPTERS.—The tables of chapters at the 
beginning of subtitle A, and at the beginning of part IV of 
subtitle A, of title 10, United States Code, are amended by 
striking the item relating to chapter 149.
H. R. 6395—773 
(b) AMENDMENTS TO TRANSFERRED SECTIONS.— 
(1) SECTION 3101.—Section 3101 of title 10, United States 
Code, as redesignated by subsection (a)(2), is amended— 
(A) by striking ‘‘chapter: 
‘‘(1) The’’ and 
inserting ‘‘chapter, the’’; and 
(B) by striking paragraphs (2), (3), and (4). 
(2) SECTION 3104.—Section 3104 of title 10, United States 
Code, as redesignated by subsection (a)(2), is amended— 
(A) in subsection (b)(1), by striking ‘‘section 2448a(a)’’ 
and inserting ‘‘section 4271(a)’’; 
(B) in subsection (b)(2)(B), by striking ‘‘section 2366a’’ 
and inserting ‘‘section 4251’’; 
(C) in subsection (b)(2)(C), by striking ‘‘section 2366b’’ 
and inserting ‘‘section 4252’’; and 
(D) 
in 
subsection 
(d)(3), 
by 
striking 
‘‘section 
2446a(b)(5)’’ and inserting ‘‘section 4401(b)(5)’’. 
(3) SECTION 3105.—Section 3105 of title 10, United States 
Code, as redesignated by subsection (a)(2), is amended in sub-
section (b)(2)(B)(i) by striking ‘‘section 2306a’’ and inserting 
‘‘sections 3701 through 3708’’. 
(c) DIVISION OF CURRENT 2548 INTO TWO SECTIONS.— 
(1) NEW SECTION.—Such chapter is further amended— 
(A) by inserting after subsection (c) of such section 
3105, as redesignated by subsection (a)(2), the following 
new section heading: 
‘‘§ 3106. Elements of the defense acquisition system: perform-
ance goals’’; and 
(B) by redesignating subsections (d) and (e) as sub-
sections (a) and (b), respectively. 
(2) CONFORMING AMENDMENT TO NEW 3105 HEADING.—The 
heading of such section 3105 is amended to read as follows: 
‘‘§ 3105. Elements of the defense acquisition system: perform-
ance assessments’’. 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 205 of such title, as amended by subsection 
(a)(3), is further amended by striking the item relating to 
section 3105 and inserting the following new items: 
‘‘3105. Elements of the defense acquisition system: performance assessments. 
‘‘3106. Elements of the defense acquisition system: performance goals’’. 
(d) CROSS-REFERENCE AMENDMENTS.— 
(1) Section 129a(c)(3) of title 10, United States Code, is 
amended by striking ‘‘section 2545’’ and inserting ‘‘section 
3001’’. 
(2) Section 1701a of such title is amended by striking 
‘‘chapter 149’’ and inserting ‘‘chapter 205’’. 
SEC. 1809. BUDGETING AND APPROPRIATIONS. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by striking chapter 207 and inserting the fol-
lowing:
H. R. 6395—774 
‘‘CHAPTER 207—BUDGETING AND APPROPRIATIONS 
‘‘Sec. 
‘‘3131. Availability of appropriations. 
‘‘3132. Availability of appropriations for procurement of technical military equip-
ment and supplies. 
‘‘3133. Contracts for periods crossing fiscal years: severable service contracts; leases 
of real or personal property. 
‘‘3134. Allocation of appropriations. 
‘‘3135. Comparable budgeting for common procurement weapon systems. 
‘‘3136. Defense Modernization Account. 
‘‘3137. Procurement of contract services: specification of amounts requested in budg-
et. 
‘‘3138. Obligations for contract services: reporting in budget object classes.’’. 
(b) TRANSFER
OF SECTION 2351.—Section 2351 of title 10, 
United States Code, is transferred to chapter 207 of such title, 
as amended by subsection (a), inserted after the table of sections, 
and redesignated as section 3131. 
(c) TRANSFER OF SECTION 2395.—Section 2395 of title 10, United 
States Code, is transferred to chapter 207 of such title, as amended 
by subsection (a), inserted after section 3131, as transferred and 
redesignated by subsection (b), and redesignated as section 3132. 
(d) TRANSFER OF SECTION 2410A.—Section 2410a of title 10, 
United States Code, is transferred to chapter 207 of such title, 
as amended by subsection (a), inserted after section 3132, as trans-
ferred and redesignated by subsection (c), and redesignated as 
section 3133. 
(e) TRANSFER OF SECTION 2309.— 
(1) TRANSFER.—Section 2309 of title 10, United States 
Code, is transferred to chapter 207 of such title, as amended 
by subsection (a), added after section 3133, as transferred and 
redesignated by subsection (d), and redesignated as section 
3134. 
(2) AMENDMENTS.—Such section is amended— 
(A) in subsection (a), by striking ‘‘named in section 
2303’’ and inserting ‘‘named in section 3063’’; and 
(B) by adding at the end the following new subsection: 
‘‘(c) For purposes of sections 3064 and 3066 of this title, this 
section shall be deemed to be a section of chapter 137 of this 
title.’’. 
(f) TRANSFER OF SECTION 2217.— 
(1) TRANSFER.—Section 2217 of title 10, United States 
Code, is transferred to chapter 207 of such title, as amended 
by subsection (a), added after section 3134, as transferred and 
redesignated by subsection (e), and redesignated as section 
3135. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 131 of such title is amended by striking 
the item relating to section 2217. 
(g) TRANSFER OF SECTION 2216.— 
(1) TRANSFER.—Section 2216 of title 10, United States 
Code, is transferred to chapter 207 of such title, as amended 
by subsection (a), added after section 3135, as transferred and 
redesignated by subsection (f), and redesignated as section 
3136. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 131 of such title is amended by striking 
the item relating to section 2216. 
(h) TRANSFER OF SECTION 235.—
H. R. 6395—775 
(1) TRANSFER.—Section 235 of title 10, United States Code, 
is transferred to chapter 207 of such title, as amended by 
subsection (a), added after section 3136, as transferred and 
redesignated by subsection (g), and redesignated as section 
3137. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 9 of such title is amended by striking 
the item relating to section 235. 
(i) TRANSFER OF SECTION 2212.— 
(1) TRANSFER.—Section 2212 of title 10, United States 
Code, is transferred to chapter 207 of such title, as amended 
by subsection (a), added after section 3137, as transferred and 
redesignated by subsection (h), and redesignated as section 
3138. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 131 of such title is amended by striking 
the item relating to section 2212. 
SEC. 1810. OPERATIONAL CONTRACT SUPPORT. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by striking chapter 209 and inserting the fol-
lowing: 
‘‘CHAPTER 209—OPERATIONAL CONTRACT SUPPORT 
‘‘Subchapter
Sec. 
‘‘I. Joint Policies on Requirements Definition, Contingency Program Manage-
ment, and Contingency Contracting .......................................................
3151 
‘‘II. Other Provisions Relating to Operational Contract Support ......................
3171 
‘‘SUBCHAPTER I—JOINT POLICIES ON REQUIREMENTS DEF-
INITION, CONTINGENCY PROGRAM MANAGEMENT, AND 
CONTINGENCY CONTRACTING 
‘‘Sec. 
‘‘3151. Joint policy requirement. 
‘‘3152. Requirements definition matters covered. 
‘‘3153. Contingency program management matters covered. 
‘‘3154. Contingency contracting matters covered. 
‘‘3155. Training for personnel outside acquisition workforce. 
‘‘3156. Mission readiness exercises. 
‘‘3157. Definitions; applicability. 
‘‘§ 3151. Joint policy requirement 
‘‘§ 3152. Requirements definition matters covered 
‘‘§ 3153. Contingency program management matters covered 
‘‘§ 3154. Contingency contracting matters covered 
‘‘§ 3155. Training for personnel outside acquisition workforce 
‘‘§ 3156. Mission readiness exercises 
‘‘§ 3157. Definitions; applicability 
‘‘In this subchapter:’’. 
(b) TRANSFER OF SECTION 2333.—Provisions of section 2333 
of title 10, United States Code, are transferred to chapter 209 
of such title, as amended by subsection (a), as follows:
H. R. 6395—776 
(1) SUBSECTION (A).—Subsection (a) of such section 2333 
is transferred to such chapter, inserted after the heading for 
section 3151, and amended by striking the subsection designa-
tion and subsection heading. 
(2) SUBSECTION (B).—Subsection (b) of such section 2333 
is transferred to such chapter, inserted after the heading for 
section 3152, and amended— 
(A) by striking the subsection designation and sub-
section heading; and 
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section 
3151 of this title’’. 
(3) SUBSECTION (C).—Subsection (c) of such section 2333 
is transferred to such chapter, inserted after the heading for 
section 3153, and amended— 
(A) by striking the subsection designation and sub-
section heading; and 
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section 
3151 of this title’’. 
(4) SUBSECTION (D).—Subsection (d) of such section 2333 
is transferred to section 3154 of such chapter, as added by 
subsection (a), inserted after the section heading, redesignated 
as subsection (a), and amended— 
(A) by striking ‘‘CONTINGENCY CONTRACTING MATTERS 
COVERED.—(1)’’ and inserting ‘‘IN GENERAL.—’’; 
(B) by redesignating paragraph (2) as subsection (b) 
and inserting ‘‘INTERAGENCY PLANS.—’’ in that subsection 
before ‘‘To the extent’’; 
(C) by striking ‘‘subsection (a)’’ both places it appears 
and inserting ‘‘section 3151 of this title’’; and 
(D) in subsection (a), as so redesignated— 
(i) by redesignating subparagraphs (A) through (F) 
as paragraphs (1) through (6), respectively; and 
(ii) by redesignating clauses (i) through (iv) of para-
graph (4) (as so redesignated) as subparagraphs (A) 
through (D), respectively. 
(5) SUBSECTION (E).—Subsection (e) (other than paragraph 
(3)) of such section 2333 is transferred to section 3155 of such 
chapter, as added by subsection (a), inserted after the section 
heading, redesignated as subsection (a), and amended— 
(A) by striking ‘‘TRAINING FOR PERSONNEL OUTSIDE 
ACQUISITION WORKFORCE.—(1)’’ and inserting ‘‘REQUIRED 
TRAINING.—’’; 
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section 
3151 of this title’’; and 
(C) by redesignating paragraph (2) as subsection (b) 
and in that subsection— 
(i) by striking ‘‘Training under paragraph (1)’’ and 
inserting ‘‘SCOPE OF TRAINING.—Training under sub-
section (a)’’; and 
(ii) by striking ‘‘referred to in that paragraph’’ 
and all that follows and inserting ‘‘referred to in that 
subsection— 
‘‘(1) understand the scope and scale of contractor support 
they will experience in contingency operations; and 
‘‘(2) are prepared for their roles and responsibilities with 
regard to— 
‘‘(A) requirements definition;
H. R. 6395—777 
‘‘(B) program management (including contractor over-
sight); and 
‘‘(C) contingency contracting.’’. 
(6) SUBSECTION (E)(3).—Paragraph (3) of such subsection 
(e) is transferred to such chapter, inserted after the heading 
for section 3156, and amended— 
(A) by striking the paragraph designation; and 
(B) by inserting ‘‘required by section 3151 of this title’’ 
after ‘‘The joint policy’’. 
(7) SUBSECTION (F).—Paragraphs (6), (5), (2), and (1) of 
subsection (f) of such section are transferred (in that order) 
to section 3157 of such chapter, inserted at the end, and redesig-
nated as paragraphs (1) through (4), respectively. 
(c) CROSS REFERENCE AMENDMENT.—Paragraph (4)(B) of sub-
section (a) of section 3154 of title 10, United States Code, as 
transferred and redesignated by subsection (b)(3), is amended by 
striking ‘‘section 2304’’ and inserting ‘‘sections 3201 through 3205’’. 
(d) ADDITIONAL PROVISIONS RELATING TO OPERATIONAL CON-
TRACT SUPPORT.—Chapter 209 of title 10, United States Code, is 
amended by adding at the end the following new subchapter: 
‘‘SUBCHAPTER II—OTHER PROVISIONS RELATING TO 
OPERATIONAL CONTRACT SUPPORT 
‘‘Sec. 
‘‘3171. Contracts for property or services in support of a contingency operation: com-
petition and review. 
‘‘3172. Operational contract support: chain of authority and responsibility within De-
partment of Defense. 
‘‘§ 3171. Contracts for property or services in support of a 
contingency operation: competition and review 
‘‘øReserved¿. 
‘‘§ 3172. Operational contract support: chain of authority and 
responsibility within Department of Defense 
‘‘øReserved¿.’’. 
Subtitle B—Acquisition Planning 
SEC. 1811. PLANNING AND SOLICITATION GENERALLY. 
(a) TABLES OF CHAPTERS AMENDMENT.—The tables of chapters 
at the beginning of subtitle A, and at the beginning of part V 
of subtitle A (as added by section 801 of Public Law 115–232), 
of title 10, United States Code, are amended by striking the items 
relating to chapters 221 and 223 and inserting the following: 
‘‘221. Planning and Solicitation Generally ......................................................... 3201
‘‘222. Independent Cost Estimation and Cost Analysis .................................... 3221
‘‘223. Other Provisions Relating to Planning and Solicitation Generally ........ 3241
‘‘225. Planning and Solicitation Relating to Particular Items or Services ...... 3271’’. 
(b) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by striking chapters 221 and 223 and inserting 
the following:
H. R. 6395—778 
‘‘CHAPTER 221—PLANNING AND SOLICITATION 
GENERALLY 
‘‘Sec. 
‘‘3201. Full and open competition. 
‘‘3202. øReserved¿. 
‘‘3203. Exclusion of particular source or restriction of solicitation to small business 
concerns. 
‘‘3204. Use of procedures other than competitive procedures. 
‘‘3205. Simplified procedures for small purchases. 
‘‘3206. Planning and solicitation requirements. 
‘‘3207. Assessment before contract for acquisition of supplies is entered into. 
‘‘3208. Planning for future competition in contracts for major systems.’’. 
(c) SECTION 2304 (PARTIAL).— 
(1) SECTION
HEADING.—Chapter 221 of title 10, United 
States Code, as amended by subsection (b), is amended by 
adding after the table of sections the following new section: 
‘‘§ 3201. Full and open competition’’. 
(2) TRANSFER OF SUBSECTION (A) OF SECTION 2304.—Sub-
section (a) of section 2304 of title 10, United States Code, 
is transferred to section 3201 of such title, as added by para-
graph (1), inserted after the section heading, and amended— 
(A) by redesignating paragraph (2) as subsection (b); 
(B) by striking ‘‘(1) Except as provided in subsections 
(b), (c), and (g),’’ and inserting ‘‘IN GENERAL.—Except as 
provided in sections 3203, 3204(a), and 3205 of this title,’’; 
(C) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; 
(D) in paragraph (1), as so redesignated, by striking 
‘‘this chapter’’ and inserting ‘‘this section and sections 3069, 
3203, 3204, 3205, 3403, 3405, 3406, 3901 4501, and 4502 
of this title’’; and 
(E) in subsection (b), as redesignated by subparagraph 
(A)— 
(i) by inserting ‘‘DETERMINATION OF APPROPRIATE 
COMPETITIVE PROCEDURES.—’’ before ‘‘In determining’’; 
(ii) by redesignating subparagraphs (A) and (B) 
as paragraphs (1) and (2), respectively; 
(iii) in paragraph (1), as so redesignated, by 
redesignating clauses (i), (ii), (iii), and (iv) as subpara-
graphs (A), (B), (C), and (D), respectively; and 
(iv) in paragraph (2), as so redesignated, by 
striking ‘‘clause (A)’’ and inserting ‘‘paragraph (1)’’. 
(3) TRANSFER OF SUBSECTION (J) OF SECTION 2304.—Sub-
section (j) of such section 2304 is transferred to such section 
3201, inserted after subsection (b), as transferred and redesig-
nated by paragraph (2), redesignated as subsection (c), and 
amended by inserting ‘‘EFFICIENT FULFILLMENT OF GOVERN-
MENT REQUIREMENTS.—’’ before ‘‘The Federal’’. 
(4) TRANSFER OF SUBSECTION (H) OF SECTION 2304.—Sub-
section (h) of such section 2304 is transferred to such section 
3201, inserted after subsection (c), as transferred and redesig-
nated by paragraph (3), redesignated as subsection (d), and 
amended by inserting ‘‘CERTAIN PURCHASES OR CONTRACTS TO 
BE TREATED
AS
IF MADE WITH SEALED-BID PROCEDURES.— 
’’ before ‘‘For the purposes’’. 
(5) TRANSFER OF SUBSECTION (K) OF SECTION 2304.—Sub-
section (k) of such section 2304 is transferred to such section
H. R. 6395—779 
3201, inserted after subsection (d), as transferred and redesig-
nated by paragraph (4), redesignated as subsection (e), and 
amended— 
(A) by striking the subsection designation and all that 
follows through ‘‘section 2303(a)’’ in paragraph (1) and 
inserting the following: 
‘‘(e) NEW CONTRACTS
AND MERIT-BASED SELECTION PROCE-
DURES.— 
‘‘(1) CONGRESSIONAL POLICY.—It is the policy of Congress 
that an agency named in section 3063’’; 
(B) by moving paragraphs (2), (3), and (4) two ems 
to the right; 
(C) by switching paragraphs (2) and (3) and redesig-
nating them accordingly; 
(D) in paragraph (2), as so redesignated by subpara-
graph (C), by inserting ‘‘NEW
CONTRACT
DESCRIBED.—’’ 
before ‘‘For purposes of’’; 
(E) in paragraph (3), as so redesignated by subpara-
graph (C), by inserting ‘‘PROVISION OF LAW DESCRIBED.— 
’’ before ‘‘A provision of’’; and 
(F) in paragraph (4)— 
(i) by inserting ‘‘EXCEPTION.—’’ before ‘‘This sub-
section’’; and 
(ii) by striking ‘‘section 2303(a)’’ and inserting ‘‘sec-
tion 3063’’. 
(d) SECTION 2304 (PARTIAL).— 
(1) SECTION HEADINGS.—Chapter 221 of title 10, United 
States Code, as amended by subsection (b), is amended by 
adding after section 3201, as added by subsection (c), the fol-
lowing new sections: 
‘‘§ 3203. Exclusion of particular source or restriction of solici-
tation to small business concerns 
‘‘§ 3204. Use of procedures other than competitive procedures 
‘‘§ 3205. Simplified procedures for small purchases’’. 
(2) TRANSFER OF SUBSECTION (B) OF SECTION 2304.—Sub-
section (b) of section 2304 of title 10, United States Code, 
is transferred to section 3203 of such title, as added by para-
graph (1), inserted after the section heading, redesignated as 
subsection (a), and amended— 
(A) by striking the subsection designation and all that 
follows through ‘‘may provide for’’ the first place it appears 
and inserting the following: 
‘‘(a) EXCLUSION OF PARTICULAR SOURCE.— 
‘‘(1) CRITERIA FOR EXCLUSION.—The head of an agency may 
provide for’’; 
(B) by striking ‘‘covered by this chapter’’ in the matter 
preceding subparagraph (A) and inserting ‘‘covered by 
chapter 137 legacy provisions’’; 
(C) by indenting subparagraphs (A) through (F) of para-
graph (1) four ems from the left margin; 
(D) by redesignating paragraph (2) as subsection (b) 
and in that subsection— 
(i) inserting ‘‘EXCLUSION OF OTHER THAN SMALL 
BUSINESS CONCERNS.—’’ before ‘‘The head of’’; and
H. R. 6395—780 
(ii) striking ‘‘this section’’ and inserting ‘‘chapter 
137 legacy provisions’’; 
(E) by redesignating paragraph (3) as subsection (c) 
and in that subsection— 
(i) inserting ‘‘INAPPLICABILITY
OF JUSTIFICATION 
AND APPROVAL REQUIREMENTS.—’’ before ‘‘A contract’’; 
and 
(ii) striking ‘‘subsection (f)(1)’’ and inserting ‘‘sec-
tion 3204(e)(1) of this title’’; and 
(F) by transferring paragraph (4) to the end of sub-
section (a), as so redesignated, redesignating such para-
graph as paragraph (2), indenting such paragraph two 
ems from the left margin, and inserting ‘‘DETERMINATION 
FOR CLASS DISALLOWED.—’’ before ‘‘A determination’’. 
(3) TRANSFER OF SUBSECTION (C) OF SECTION 2304.—Sub-
section (c) of section 2304 of title 10, United States Code, 
is transferred to section 3204 of such title, as added by para-
graph (1), inserted after the section heading, redesignated as 
subsection (a), and amended— 
(A) by inserting ‘‘WHEN PROCEDURES OTHER THAN 
COMPETITIVE PROCEDURES MAY BE USED.—’’ before ‘‘The 
head of an agency may use’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘in order (A) to maintain’’ and 
inserting ‘‘in order— 
‘‘(A) to maintain’’; 
(ii) by striking ‘‘industrial mobilization, (B) to 
establish’’ and inserting ‘‘industrial mobilization— 
‘‘(B) to establish’’; 
(iv) by striking ‘‘development center, or (C) to pro-
cure’’ and inserting ‘‘development center— 
‘‘(C) to procure’’; 
(C) in paragraph (5), by striking ‘‘subsection (k)’’ and 
inserting ‘‘section 3201(e) of this title’’; and 
(D) in paragraph (7), by inserting ‘‘(who may not dele-
gate the authority under this paragraph)’’ after ‘‘the head 
of the agency’’. 
(4) TRANSFER OF SUBSECTION (D) OF SECTION 2304.—Sub-
section (d) of section 2304 of title 10, United States Code, 
is transferred to section 3204 of such title, as added by para-
graph (1), inserted after subsection (a), as transferred and 
redesignated by paragraph (3), redesignated as subsection (b), 
and amended— 
(A) by striking ‘‘(1) For the purposes’’ and inserting 
‘‘PROPERTY
OR SERVICES CONSIDERED
TO BE AVAILABLE 
FROM ONLY ONE SOURCE.—For the purposes’’; 
(B) by striking ‘‘subsection (c)(1)’’ and inserting ‘‘sub-
section (a)(1)’’; 
(C) by striking paragraph (2); and 
(D) by redesignating paragraph (3) as subsection (c) 
and in that subsection— 
(i) by striking ‘‘(A) The contract period’’ and 
inserting ‘‘PROPERTY
OR
SERVICES
NEEDED
WITH 
UNUSUAL AND COMPELLING URGENCY.— 
‘‘(1) ALLOWABLE CONTRACT PERIOD.—The contract period’’; 
(ii) by redesignating subparagraph (B) as para-
graph (2), indenting that paragraph two ems from the
H. R. 6395—781 
left margin, and striking ‘‘this paragraph’’ and 
inserting ‘‘APPLICABILITY
OF
ALLOWABLE
CONTRACT 
PERIOD.—This subsection’’; and 
(iii) in paragraph (1), as designated by clause (i)— 
(I) by striking ‘‘subparagraph (B)’’ and ‘‘sub-
section (c)(2)’’ and inserting ‘‘paragraph (2)’’ and 
‘‘subsection (a)(2)’’, respectively; and 
(II) by redesignating clauses (i) and (ii) as 
subparagraphs (A) and (B), respectively, redesig-
nating subclauses (I) and (II) of such subparagraph 
(A) as clauses (i) and (ii), respectively, and moving 
such subparagraphs two ems to the right. 
(5) TRANSFER OF SUBSECTION (E) OF SECTION 2304.—Sub-
section (e) of section 2304 of title 10, United States Code, 
is transferred to section 3204 of such title, as added by subpara-
graph (A), inserted after subsection (c), as transferred and 
redesignated by subparagraph (D), redesignated as subsection 
(d), and amended— 
(A) by inserting ‘‘OFFER
REQUESTS
TO
POTENTIAL 
SOURCES.—The head of’’; and 
(B) by striking ‘‘subsection (c)(2) or (c)(6)’’ and inserting 
‘‘paragraph (2) or (6) of subsection (a)’’. 
(6) TRANSFER OF SUBSECTION (F) OF SECTION 2304.—Sub-
section (f) of section 2304 of title 10, United States Code, 
is transferred to section 3204 of such title, as added by para-
graph (1), inserted after subsection (d), as transferred and 
redesignated by paragraph (5), redesignated as subsection (e), 
and amended— 
(A) by striking ‘‘(1) Except as provided in paragraph 
(2) and paragraph (6)’’ and inserting ‘‘JUSTIFICATION FOR 
USE OF PROCEDURES OTHER THAN COMPETITIVE PROCE-
DURES.—’’ 
‘‘(1) PREREQUISITES FOR AWARDING CONTRACT.—Except as 
provided in paragraphs (3), (4), and (7),’’; 
(B) by moving subparagraphs (A), (B), and (C) of para-
graph (1) two ems to the right; 
(C) by switching paragraphs (2) and (3) and redesig-
nating those paragraphs accordingly; 
(D) in paragraph (2), as so redesignated, by inserting 
‘‘ELEMENTS OF JUSTIFICATION.—’’ before ‘‘The justification’’; 
(E) in paragraph (3), as so redesignated— 
(i) by inserting ‘‘JUSTIFICATION
AND
APPROVAL 
ALLOWED AFTER CONTRACT AWARDED.—’’ before ‘‘In the 
case of’’; and 
(ii) by striking ‘‘subsection (c)(2)’’ in the first sen-
tence and inserting ‘‘subsection (a)(2)’’; 
(F) by redesignating paragraphs (4), (5), and (6) as 
paragraphs (5), (6), and (7), respectively; 
(G) by designating the second sentence of paragraph 
(3), as redesignated by subparagraph (C), as paragraph 
(4) and in that paragraph— 
(i) by inserting ‘‘JUSTIFICATION AND APPROVAL NOT 
REQUIRED.—’’ before ‘‘The justification and approval’’; 
(ii) in subparagraph (C), by striking ‘‘subsection 
(c)(7)’’ and inserting ‘‘subsection (a)(7)’’; and 
(iii) in subparagraph (E), by striking ‘‘subsection 
(c)(4)’’ and inserting ‘‘subsection (a)(4)’’;
H. R. 6395—782 
(H) in paragraph (5), as redesignated by subparagraph 
(F)— 
(i) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively, and moving those 
clauses two ems to the right; 
(ii) by striking ‘‘In no case’’ and inserting ‘‘RESTRIC-
TIONS ON AGENCIES.— 
‘‘(A) In no case’’; 
(iii) in subparagraph (A)(ii), as so redesignated, 
by striking ‘‘this chapter’’ and inserting ‘‘chapter 137 
legacy provisions’’; and 
(iv) by designating the sentence beginning ‘‘The 
restriction contained’’ as subparagraph (B) and by 
striking ‘‘clause (B)’’ in that sentence and inserting 
‘‘subparagraph (A)(ii)’’; 
(I) in paragraph (6), as redesignated by subparagraph 
(F), by striking ‘‘(A) The authority’’ and inserting ‘‘LIMITA-
TION ON DELEGATIONS OF AUTHORITY UNDER PARAGRAPH 
(1)(B).—(A) The authority’’; 
(J) in paragraph (7), as redesignated by subparagraph 
(F), by inserting ‘‘JUSTIFICATION
AND
APPROVAL
NOT 
REQUIRED FOR PHASE III SBIR AWARD.—’’ before ‘‘The jus-
tification’’; and 
(K) by moving such paragraphs (2) through (7) two 
ems to the right. 
(7) TRANSFER OF SUBSECTION (L) OF SECTION 2304.—Sub-
section (l) of section 2304 of title 10, United States Code, 
is transferred to section 3204 of such title, as added by para-
graph (1), inserted after subsection (e), as transferred and 
redesignated by paragraph (6), redesignated as subsection (f), 
and amended— 
(A) by striking ‘‘(1)(A) Except as provided in’’ and 
inserting ‘‘PUBLIC AVAILABILITY
OF JUSTIFICATION
AND 
APPROVAL REQUIRED FOR USING PROCEDURES OTHER THAN 
COMPETITIVE PROCEDURES.— 
‘‘(1) TIME REQUIREMENT.— 
‘‘(A) WITHIN 14 DAYS AFTER CONTRACT AWARD.—Except 
as provided in’’; 
(B) in paragraph (1)(A), by striking ‘‘subsection (c)’’ 
and ‘‘subsection (f)(1)’’ and inserting ‘‘subsection (a)’’ and 
‘‘subsection (e)(1)’’, respectively; 
(C) by indenting subparagraph (B) of paragraph (1) 
four ems from the left margin and in that subparagraph— 
(i) by inserting ‘‘WITHIN 30 DAYS AFTER CONTRACT 
AWARD.—’’ before ‘‘In the case of’’; and 
(ii) by striking ‘‘subsection (c)(2)’’ and inserting 
‘‘subsection (a)(2)’’; 
(D) by indenting paragraphs (2) and (3) two ems from 
the left margin; 
(E) in paragraph (2), by inserting ‘‘AVAILABILITY ON 
WEBSITES.—’’ before ‘‘The documents’’; and 
(F) in paragraph (3), by inserting ‘‘EXCEPTION.—’’ 
before ‘‘This subsection’’. 
(8) TRANSFER OF SUBSECTION (I) OF SECTION 2304.—Sub-
section (i) of section 2304 of title 10, United States Code, 
is transferred to section 3204 of such title, as added by para-
graph (1), inserted after subsection (f), as transferred and
H. R. 6395—783 
redesignated by paragraph (7), redesignated as subsection (g), 
and amended— 
(A) by striking ‘‘(1) The Secretary’’ and inserting 
‘‘REGULATIONS
WITH
RESPECT
TO
NEGOTIATION
OF 
PRICES.—’’ 
‘‘(1) The Secretary’’; 
(B) in paragraph (1), by striking ‘‘, as defined in section 
2302(2) of this title’’; and 
(C) by moving paragraphs (2) and (3) two ems to the 
right. 
(9) TRANSFER OF SUBSECTION (G) OF SECTION 2304.—Sub-
section (g) of section 2304 of title 10, United States Code, 
is transferred to section 3205 of such title, as added by para-
graph (1), inserted after the section heading, redesignated as 
subsection (a), and amended— 
(A) by striking ‘‘(1) in order to’’ and inserting 
‘‘AUTHORIZATION.—In order to’’; 
(B) by redesignating paragraphs (2), (3), and (4) as 
subsections (b), (c), and (d), respectively; 
(C) by redesignating subparagraphs (A) and (B) in 
subsection (a) as paragraphs (1) and (2), respectively; 
(D) in subsection (b), as redesignated by subparagraph 
(B)— 
(i) by inserting ‘‘PROHIBITION ON DIVIDING CON-
TRACTS.—’’ before ‘‘A proposed’’; and 
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’; 
(E) in subsection (c), as redesignated by subparagraph 
(B), by inserting ‘‘PROMOTION OF COMPETITION.—’’ before 
‘‘In using’’; and 
(F) in subsection (d), as redesignated by subparagraph 
(B), by inserting ‘‘COMPLIANCE WITH SPECIAL REQUIRE-
MENTS
OF FEDERAL ACQUISITION REGULATION.—’’ before 
‘‘The head of’’. 
(e) SECTION 2305(A).— 
(1) IN
GENERAL.—Such chapter is further amended by 
adding at the end the following new section: 
‘‘§ 3206. Planning and solicitation requirements’’. 
(2) TRANSFER OF SUBSECTION (A) OF SECTION 2305.—Sub-
section (a) of section 2305 of title 10, United States Code, 
is transferred to section 3206 of such title, as added by para-
graph (1), and inserted after the section heading, and para-
graphs (2), (3), (4), and (5) thereof are redesignated as sub-
sections (b), (c), (d), and (e), respectively. 
(3) REVISIONS TO SUBSECTION (A).—Subsection (a) of such 
section 3206, as transferred by paragraph (2), is amended— 
(A) by redesignating subparagraphs (B) and (C) as 
paragraphs (2) and (3), respectively; 
(B) in paragraph (2), as so redesignated— 
(i) by inserting ‘‘REQUIREMENTS
OF
SPECIFICA-
TIONS.—’’ before ‘‘Each solicitation’’; 
(ii) by striking ‘‘under this chapter’’ after ‘‘Each 
solicitation’’ and inserting ‘‘under chapter 137 legacy 
provisions’’; 
(iii) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B), respectively; and
H. R. 6395—784 
(iv) in subparagraph (A), as so redesignated, by 
striking ‘‘of this chapter’’ and inserting ‘‘of chapter 
137 legacy provisions’’; 
(C) in paragraph (3), as so redesignated— 
(i) by inserting ‘‘TYPES
OF
SPECIFICATIONS.—’’ 
before ‘‘For the purposes’’; and 
(ii) by redesignating clauses (i), (ii), and (ii) as 
subparagraphs (A), (B), and (C), respectively; 
(D) by moving such paragraphs (2) and (3) two ems 
to the right; and 
(E) in paragraph (1)— 
(i) by striking ‘‘(1)(A) In preparing for’’ and 
inserting ‘‘PLANNING AND SPECIFICATIONS.— 
‘‘(1) PREPARING FOR PROCUREMENT.—In preparing for’’; 
(ii) by redesignating clauses (i), (ii), and (ii) as 
subparagraphs (A), (B), and (C), respectively; and 
(iii) by moving such subparagraphs two ems to 
the right. 
(4) REVISIONS TO SUBSECTION (B).—Subsection (b) of such 
section 3206, as redesignated by paragraph (2), is amended— 
(A) in the matter preceding subparagraph (A)— 
(i) by inserting ‘‘CONTENTS
OF
SOLICITATION.—’’ 
before ‘‘In addition to’’; and 
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’; 
(B) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; 
(C) by redesignating clauses (i) and (ii) of paragraphs 
(1) and (2) (as so redesignated) as subparagraphs (A) and 
(B), respectively; and 
(D) in subparagraphs (A) and (B) of such paragraph 
(2), as so redesignated, by redesignating subclauses (I) 
and (II) as clauses (i) and (ii), respectively. 
(5) REVISIONS TO SUBSECTION (C).—Subsection (c) of such 
section 3206, as redesignated by paragraph (2), is amended— 
(A) by striking ‘‘(A) In prescribing the’’ and inserting 
‘‘EVALUATION FACTORS.— 
‘‘(1) IN GENERAL.—In prescribing the’’; 
(B) by redesignating subparagraphs (B), (C), (D), and 
(E) as paragraphs (2), (3), (4), and (5), respectively, and 
moving those paragraphs two ems to the right; 
(C) in paragraph (1), as designated by subparagraph 
(A)— 
(i) by redesignating clauses (i), (ii), and (iii) as 
subparagraphs (A), (B), and (C), respectively, and 
moving those paragraphs two ems to the right; 
(ii) by redesignating subclauses (I), (II), and (III) 
of subparagraph (C) (as so redesignated) as clauses 
(i), (ii), and (iii), respectively; and 
(iii) by striking ‘‘subparagraph (C)’’ both places 
it appears and inserting ‘‘paragraph (3)’’; 
(D) in paragraph (2), as redesignated by subparagraph 
(B)— 
(i) by inserting ‘‘RESTRICTION ON IMPLEMENTING 
REGULATIONS.—’’ 
before 
‘‘The 
regulations 
imple-
menting’’; and
H. R. 6395—785 
(ii) by striking ‘‘clause (iii) of subparagraph (A)’’ 
and inserting ‘‘paragraph (1)(C)’’; 
(E) in paragraph (3), as redesignated by subparagraph 
(B)— 
(i) by inserting ‘‘EXCEPTIONS FOR CERTAIN MUL-
TIPLE TASK OR DELIVERY ORDER CONTRACTS.—’’ before 
‘‘If the head of’’; 
(ii) by striking ‘‘section 2304a(d)(1)(B)’’ and 
inserting ‘‘section 3403(d)(1)(B)’’; 
(iii) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B), respectively; 
(iv) in subparagraph (A), as so redesignated, by 
striking ‘‘clause (ii) of subparagraph (A)’’ and inserting 
‘‘paragraph (1)(B)’’ and 
(v) in subparagraph (B), as so redesignated— 
(I) by striking ‘‘clause (i)’’ in the matter pre-
ceding subclause (I) and inserting ‘‘subparagraph 
(A)’’; 
(II) by redesignating subclauses (I) and (II) 
as clauses (i) and (ii), respectively; 
(III) in clause (i), as so redesignated, by 
striking ‘‘clause (iii) of subparagraph (A)’’ and 
inserting ‘‘paragraph (1)(C)’’; and 
(IV) in clause (ii), as so redesignated, by 
striking ‘‘section 2304c(b)’’ and inserting ‘‘section 
3406(c)’’; 
(F) in paragraph (4), as redesignated by subparagraph 
(B)— 
(i) by inserting ‘‘DEFINITION.—’’ before ‘‘In subpara-
graph’’; 
(ii) by striking ‘‘subparagraph (C)’’ and inserting 
‘‘paragraph (3)’’; and 
(iii) by redesignating clauses (i), (ii), and (iii) as 
subparagraphs (A), (B), and (C), respectively; and 
(G) in paragraph (5), as redesignated by subparagraph 
(B), by striking ‘‘Subparagraph (C)’’ and inserting ‘‘EXCLU-
SION OF APPLICABILITY TO CERTAIN CONTRACTS.—Paragraph 
(3)’’. 
(6) REVISIONS TO SUBSECTION (D).—Subsection (d) of such 
section 3206, as redesignated by paragraph (2), is amended— 
(A) by inserting ‘‘ADDITIONAL INFORMATION IN SOLICI-
TATION.—’’ before ‘‘Nothing in’’; 
(B) by striking ‘‘this subsection’’ and inserting ‘‘this 
section’’; and 
(C) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively. 
(7) REVISION TO SUBSECTION (E).—Subsection (e) of such 
section 3206, as redesignated by paragraph (2), is amended 
by inserting ‘‘LIMITATION
ON
EVALUATION
OF
PURCHASE 
OPTIONS.—’’ before ‘‘The head of’’. 
(f) SECTION 2305(C).— 
(1) SECTION HEADING.—Such chapter is further amended 
by adding at the end the following new section:
H. R. 6395—786 
‘‘§ 3207. Assessment before contract for acquisition of sup-
plies is entered into’’. 
(2) TRANSFER OF SUBSECTION (C) OF SECTION 2305.—Sub-
section (c) of section 2305 of title 10, United States Code, 
is transferred to section 3207 of such title, as added by para-
graph (1), inserted after the section heading, and amended 
by striking the subsection designation. 
(g) SECTION 2305(D).— 
(1) SECTION HEADING.—Such chapter is further amended 
by adding at the end the following new section: 
‘‘§ 3208. Planning for future competition in contracts for 
major systems’’. 
(2) TRANSFER OF SUBSECTION (D) OF SECTION 2305.—Sub-
section (d) of section 2305 of title 10, United States Code, 
is transferred to section 3208 of such title, as added by para-
graph (1), inserted after the section heading, and redesignated 
as subsection (a), and paragraphs (2), (3), and (4) thereof are 
redesignated as subsections (b), (c), and (d), respectively. 
(3) REVISIONS TO SUBSECTION (A).—Subsection (a) of such 
section 3208, as transferred and redesignated by paragraph 
(2), is amended— 
(A) by striking ‘‘(1)(A) The Secretary’’ and inserting 
‘‘DEVELOPMENT CONTRACT.— 
‘‘(1) DETERMINING WHETHER PROPOSALS ARE NECESSARY.— 
The Secretary’’; 
(B) by striking ‘‘subparagraph (B)’’ in the first sentence 
and inserting ‘‘paragraph (2)’’; 
(C) by redesignating subparagraph (B) as paragraph 
(2) and clauses (i) and (ii) thereof as subparagraphs (A) 
and (B), respectively; and 
(D) in paragraph (2), as so redesignated— 
(i) by inserting ‘‘CONTENTS OF PROPOSALS.—’’ before 
‘‘Proposals referred to’’; and 
(ii) by striking ‘‘subparagraph (A)’’ and inserting 
‘‘paragraph (1)’’. 
(4) REVISIONS TO SUBSECTION (B).—Subsection (b) of such 
section 3208, as redesignated by paragraph (2), is amended— 
(A) by striking ‘‘(A) The Secretary’’ and inserting 
‘‘PRODUCTION CONTRACT.— 
‘‘(1) DETERMINING WHETHER PROPOSALS ARE NECESSARY.— 
The Secretary’’; 
(B) by striking ‘‘subparagraph (B)’’ in the first sentence 
and inserting ‘‘paragraph (2)’’; 
(C) by redesignating subparagraph (B) as paragraph 
(2) and clauses (i) and (ii) thereof as subparagraphs (A) 
and (B), respectively; and 
(D) in paragraph (2), as so redesignated— 
(i) by inserting ‘‘CONTENTS OF PROPOSALS.—’’ before 
‘‘Proposals referred to’’; and 
(ii) by striking ‘‘subparagraph (A)’’ and inserting 
‘‘paragraph (1)’’. 
(5) REVISIONS TO SUBSECTION (C).—Subsection (c) of such 
section 3208, as redesignated by paragraph (2), is amended— 
(A) by inserting ‘‘CONSIDERATION
OF
FACTORS
AS 
OBJECTIVES IN NEGOTIATIONS.—’’ before ‘‘If the head of’’; 
and
H. R. 6395—787 
(B) by striking ‘‘paragraphs (1) and (2)’’ and inserting 
‘‘subsections (a) and (b)’’. 
(6) REVISIONS TO SUBSECTION (D).—Subsection (d) of such 
section 3208, as redesignated by paragraph (2), is amended— 
(A) by striking ‘‘(A) Whenever the head of’’ and 
inserting ‘‘ITEMS DEVELOPED EXCLUSIVELY
AT PRIVATE 
EXPENSE.— 
‘‘(1) LIMITATION.—Whenever the head of’’; 
(B) by redesignating subparagraph (B) as paragraph 
(2), inserting ‘‘EVALUATION.—’’ before ‘‘In considering’’, and 
indenting that paragraph two ems from the left margin; 
(C) by redesignating clauses (i) and (ii) of paragraph 
(1) as subparagraphs (A) and (B), respectively, and 
indenting those subparagraphs four ems from the left 
margin; and 
(D) by striking ‘‘paragraph (1)(B) or (2)(B)’’ both places 
it appears and inserting ‘‘subsection (a)(2) or (b)(2)’’. 
SEC. 1812. INDEPENDENT COST ESTIMATION AND COST ANALYSIS. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by inserting after chapter 221, as added by the 
preceding section, the following new chapter: 
‘‘CHAPTER 222—INDEPENDENT COST ESTIMATION AND 
COST ANALYSIS 
‘‘3221. Director of Cost Assessment and Program Evaluation. 
‘‘3222. Independent cost estimate required before approval. 
‘‘3223. Director: review of cost estimates, cost analyses, and records of the military 
departments and Defense Agencies. 
‘‘3224. Director: participation, concurrence, and approval in cost estimation. 
‘‘3225. Discussion of risk in cost estimates. 
‘‘3226. Estimates for program baseline and analyses and targets for contract nego-
tiation purposes. 
‘‘3227. Guidelines and collection method for acquisition of cost data. 
‘‘§ 3221. Director of Cost Assessment and Program Evaluation 
‘‘§ 3222. Independent cost estimate required before approval 
‘‘§ 3223. Director: review of cost estimates, cost analyses, and 
records of the military departments and Defense 
Agencies 
‘‘§ 3224. Director: participation, concurrence, and approval 
in cost estimation 
‘‘§ 3225. Discussion of risk in cost estimates 
‘‘§ 3226. Estimates for program baseline and analyses and 
targets for contract negotiation purposes 
‘‘§ 3227. Guidelines and collection method for acquisition of 
cost data’’. 
(b) TRANSFER OF SUBSECTIONS (A) AND (H) OF SECTION 2334 
TO SECTION 3221.— 
(1) TRANSFER OF SUBSECTION (A) OF SECTION 2334.—Sub-
section (a) of section 2334 of title 10, United States Code, 
is transferred to section 3221 of such title, as added by sub-
section (a), inserted after the section heading, and amended 
by designating the second sentence as subsection (b).
H. R. 6395—788 
(2) REVISIONS TO NEW SUBSECTION (B).—Subsection (b) of 
such section 3221, as designated by paragraph (1), is amended— 
(A) by striking ‘‘In carrying out that responsibility,’’ 
and inserting ‘‘FUNCTIONS.—In carrying out the responsi-
bility of the Director under subsection (a),’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘provide guidance’’ and all that fol-
lows through ‘‘Defense Agencies’’; and 
(ii) by striking ‘‘of this title;’’ and inserting ‘‘of 
this title, provide guidance to and consult with— 
‘‘(A) the Secretary of Defense; 
‘‘(B) the Under Secretary of Defense for Acquisition 
and Sustainment; 
‘‘(C) the Under Secretary of Defense (Comptroller); 
‘‘(D) the Secretaries of the military departments; and 
‘‘(E) the heads of the Defense Agencies;’’; 
(C) in paragraph (6)(A)— 
(i) in clause (i), by striking ‘‘section 2366a or 
2366b’’ and inserting ‘‘section 4251 or 4252’’; and 
(ii) in clause (iii), by striking ‘‘section 2433a’’ and 
inserting ‘‘section 4376’’; and 
(D) in paragraph (8), by striking ‘‘section 2432(c)(1)’’ 
and inserting ‘‘section 4353(a)’’. 
(3) TRANSFER OF SUBSECTION (H) OF SECTION 2334.—Sub-
section (h) of section 2334 of title 10, United States Code, 
is transferred to such section 3221, inserted after subsection 
(b), as designated by paragraph (2), and redesignated as sub-
section (c). 
(c) TRANSFER OF SUBSECTION (B) OF SECTION 2334.— 
(1) TRANSFER.—Subsection (b) of section 2334 of title 10, 
United States Code, is transferred to section 3222 of such 
title, as added by subsection (a), inserted after the section 
heading, and redesignated as subsection (a). 
(2) REVISIONS.—Such section 3222 is amended— 
(A) 
by 
striking 
‘‘INDEPENDENT
COST
ESTIMATE 
REQUIRED
BEFORE
APPROVAL.—(1) A milestone’’ and 
inserting ‘‘REQUIREMENT.— A milestone’’; 
(B) by redesignating paragraph (2) as subsection (b); 
(C) in subsection (b), as so redesignated— 
(i) by inserting ‘‘REGULATIONS.—’’ before ‘‘The regu-
lations’’; and 
(ii) by striking ‘‘subsection (a)’’ and inserting ‘‘sec-
tion 3221 of this title’’; and 
(D) in subsections (a) and (b), as so redesignated, by 
redesignating subparagraphs (A) and (B) as paragraphs 
(1) and (2), respectively. 
(d) TRANSFER OF SUBSECTION (C) OF SECTION 2334.—Subsection 
(c) of section 2334 of title 10, United States Code, is transferred 
to section 3223 of such title, as added by subsection (a), inserted 
after the section heading, and amended by striking the subsection 
designation and subsection heading. 
(e) TRANSFER OF SUBSECTION (D) OF SECTION 2334.— 
(1) TRANSFER.—Subsection (d) of section 2334 of title 10, 
United States Code, is transferred to section 3224 of such 
title, as added by subsection (a), and inserted after the section 
heading. 
(2) REVISIONS.—Such section 3224 is amended—
H. R. 6395—789 
(A) by striking the subsection designation and sub-
section heading; and 
(B) in paragraph (3), by striking ‘‘subsection (a)(6)’’ 
and inserting ‘‘section 3221(b)(6) of this title’’. 
(f) TRANSFER OF SUBSECTION (E) OF SECTION 2334.— 
(1) TRANSFER.—Subsection (e) of section 2334 of title 10, 
United States Code, is transferred to section 3225 of such 
title, as added by subsection (a), and inserted after the section 
heading. 
(2) REVISIONS.—Such section 3225 is amended— 
(A) by striking the subsection designation and sub-
section heading; 
(B) in paragraph (3)(A), by striking ‘‘subsection (a)(6)’’ 
and inserting ‘‘section 3221(b)(6) of this title’’; and 
(C) in paragraph (3)(B), by striking ‘‘section 2432’’ and 
inserting ‘‘sections 4351 through 4358’’. 
(g) TRANSFER OF SUBSECTION (F) OF SECTION 2334.— 
(1) TRANSFER.—Subsection (f) of section 2334 of title 10, 
United States Code, is transferred to section 3226 of such 
title, as added by subsection (a), inserted after the section 
heading, and redesignated as subsection (a). 
(2) REVISIONS.—Such section 3226 is amended— 
(A) by striking ‘‘ESTIMATES FOR’’ and all that follows 
through ‘‘(1) The policies,’’ and inserting ‘‘COST ESTIMATES 
DEVELOPED FOR SPECIFIED PURPOSES NOT TO BE USED 
FOR CONTRACT NEGOTIATIONS OR OBLIGATION OF FUNDS.— 
The policies,’’; 
(B) in subsection (a), as so redesignated— 
(i) by striking ‘‘subsection (a)’’ and inserting ‘‘sec-
tion 3221 of this title’’; and 
(ii) by striking ‘‘subsection (a)(6)’’ and inserting 
‘‘subsection (b)(6) of such section’’; 
(C) by redesignating paragraph (2) as subsection (b) 
and inserting ‘‘COST ESTIMATES DEVELOPED FOR SPECIFIED 
PURPOSES NOT TO BE USED FOR CONTRACT NEGOTIATIONS 
OR OBLIGATION OF FUNDS.—’’ before ‘‘The Under’’; 
(D) by redesignating paragraph (3) as subsection (c) 
and in that subsection— 
(i) by striking the first three words and inserting 
‘‘PROGRAM MANAGER AND CONTRACTING OFFICER.—The 
program manager’’; and 
(ii) by striking ‘‘paragraph (1)’’ and ‘‘paragraph 
(2)’’ and inserting ‘‘subsection (a)’’ and ‘‘subsection (b)’’, 
respectively; and 
(E) by redesignating paragraph (4) as subsection (d) 
and in that subsection— 
(i) by striking ‘‘Funds that are’’ and inserting 
‘‘AVAILABILITY OF EXCESS FUNDS.—’’ 
‘‘(1) Funds that are’’; 
(ii) in paragraph (1), as designated by clause (i), 
by striking ‘‘subsection (a)(6)’’ and ‘‘paragraph (2)’’ and 
inserting ‘‘section 3221(b)(6) of this title’’ and ‘‘sub-
section (b)’’, respectively; 
(iii) by redesignating paragraph (5) as paragraph 
(2) and moving that paragraph two ems to the right; 
and 
(iv) in paragraph (2), as so redesignated—
H. R. 6395—790 
(I) in the matter preceding subparagraph (A), 
by striking ‘‘paragraph (4)’’ and inserting ‘‘para-
graph (1)’’; 
(II) in subparagraph (A)(i), by striking ‘‘para-
graph (2)’’ and inserting ‘‘subsection (b)’’; and 
(III) in subparagraph (A)(ii), by striking ‘‘sec-
tion 2308’’ and inserting ‘‘section 3069’’. 
(h) TRANSFER OF SUBSECTION (G) OF SECTION 2334.— 
(1) TRANSFER.—Subsection (g) of section 2334 of title 10, 
United States Code, is transferred to section 3227 of such 
title, as added by subsection (a), inserted after the section 
heading, and redesignated as subsection (a). 
(2) REVISIONS.—Section 3227, as amended by paragraph 
(1), is further amended— 
(A) by striking ‘‘Guidelines and’’ and all that follows 
through ‘‘(1) The Director of’’ and inserting ‘‘DIRECTOR OF 
CAPE TO DEVELOP GUIDELINES AND COLLECTION METHOD.— 
The Director of’’; 
(B) by redesignating paragraph (2) as subsection (b) 
and in that subsection— 
(i) by inserting ‘‘APPLICABILITY
TO ACQUISITION 
PROGRAMS
IN
AMOUNT
GREATER
THAN
SPECIFIED 
THRESHOLD.—’’ before ‘‘The program manager’’; and 
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’; and 
(C) by redesignating paragraph (3) as subsection (c) 
and in that subsection— 
(i) 
by 
inserting 
‘‘LIMITATION
ON
WAIVER 
AUTHORITY.—’’ before ‘‘The requirement’’; and 
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’. 
SEC. 1813. OTHER PROVISIONS RELATING TO PLANNING AND SOLICI-
TATION GENERALLY. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by inserting after chapter 222, as added by the 
preceding section, the following new chapter: 
‘‘CHAPTER 223—OTHER PROVISIONS RELATING TO 
PLANNING AND SOLICITATION GENERALLY 
‘‘Sec. 
‘‘3241. Design-build selection procedures. 
‘‘3242. Supplies: economic order quantities. 
‘‘3243. Encouragement of new competitors: qualification requirement. 
‘‘3244. øReserved¿. 
‘‘3245. øReserved¿. 
‘‘3246. øReserved¿. 
‘‘3247. Contracts: regulations for bids. 
‘‘3248. Matters relating to reverse auctions. 
‘‘3249. Advocates for competition. 
‘‘3250. øReserved¿. 
‘‘3251. øReserved¿. 
‘‘3252. Requirements for information relating to supply chain risk.’’. 
(b) TRANSFER OF SECTION 2305A OF TITLE 10.—Section 2305a 
of title 10, United States Code, is transferred to chapter 223 of 
such title, as added by subsection (a), inserted after the table 
of sections at the beginning, redesignated as section 3241, and 
amended as follows:
H. R. 6395—791 
(1) SUBSECTION (B).—Subsection (b) is amended— 
(A) by redesignating paragraphs (1) through (6) as 
subparagraphs (A) through (F), respectively, and moving 
those subparagraphs two ems to the right; and 
(B) in the matter preceding subparagraph (A), as so 
redesignated— 
(i) by striking ‘‘or work when the contracting 
officer’’ and inserting ‘‘or work when— 
‘‘(1) the contracting officer’’; 
(ii) by striking ‘‘such contract, design work’’ and 
inserting ‘‘such contract; 
‘‘(2) design work’’; 
(iii) by striking ‘‘such contract, the offeror’’ and 
inserting ‘‘such contract; 
‘‘(3) the offeror’’; and 
(iv) by striking ‘‘the offer, and the contracting 
officer’’ and inserting ‘‘the offer; and 
‘‘(4) the contracting officer’’. 
(2) SUBSECTION (C).—Subsection (c) is amended— 
(A) in paragraph (1), by inserting ‘‘DEVELOPMENT OF 
SCOPE
OF
WORK
STATEMENT.—’’ before ‘‘The agency 
develops’’; 
(B) in paragraph (2), by inserting ‘‘SOLICITATION OF 
PHASE-ONE PROPOSALS.—’’ before ‘‘The contracting officer’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘The evaluation factors’’ and 
inserting ‘‘EVALUATION FACTORS.—’’ 
‘‘(A) EVALUATION FACTORS TO BE USED.—The evaluation 
factors’’; 
(ii) by designating the second and third sentences 
as subparagraphs (B) and (C), respectively; 
(iii) in subparagraph (A), as designated by clause 
(i)— 
(I) by striking ‘‘and include specialized experi-
ence’’ and inserting ‘‘and include— 
‘‘(i) specialized experience’’; 
(II) by striking ‘‘technical competence, capa-
bility’’ and inserting ‘‘technical competence; 
‘‘(ii) capability’’; 
(III) by striking ‘‘to perform, past performance’’ 
and inserting ‘‘to perform; 
‘‘(iii) past performance’’; and 
(IV) by striking ‘‘the team) and other appro-
priate’’ and inserting ‘‘the team); and 
‘‘(iv) other appropriate’’; 
(iv) in subparagraph (B), as designated by clause (ii), 
by inserting ‘‘RELATIVE IMPORTANCE OF EVALUATION FAC-
TORS AND SUBFACTORS.—’’ before ‘‘Each solicitation’’; 
(v) in subparagraph (C), as designated by clause (ii), 
by inserting ‘‘EVALUATION OF PROPOSALS.—’’ before ‘‘The 
agency’’; 
(D) in paragraph (4)— 
(i) by striking ‘‘The contracting officer’’ and 
inserting ‘‘SELECTION BY CONTRACTING OFFICER.—’’ 
‘‘(A) NUMBER
OF
OFFERORS
SELECTED
AND
WHAT
IS 
TO BE EVALUATED.—The contracting officer’’;
H. R. 6395—792 
(ii) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively; 
(iii) in clause (ii), as so redesignated, by striking 
‘‘paragraphs (2), (3), and (4) of section 2305(a)’’ and 
inserting ‘‘subsections (b), (c), and (d) of section 3206’’; 
(iv) by designating the last sentence in that para-
graph as subparagraph (B) and indenting that subpara-
graph two ems from the left margin; and 
(v) in subparagraph (B), as redesignated by clause 
(iv), by striking ‘‘subparagraphs (A) and (B)’’ and 
inserting ‘‘clauses (i) and (ii) of subparagraph (A)’’; 
and 
(E) in paragraph (5)— 
(i) by inserting ‘‘AWARDING OF CONTRACT.—’’ before 
‘‘The agency’’; and 
(ii) by striking ‘‘section 2305(b)(4)’’ and inserting 
‘‘section 3303’’. 
(c) TRANSFER OF SECTION 2384A OF TITLE 10.—Section 2384a 
of such title is transferred to chapter 223 of such title, inserted 
after section 3241, as transferred and redesignated by subsection 
(b), redesignated as section 3242, and amended as follows: 
(1) SUBSECTION (A).—Subsection (a) is amended— 
(A) by striking ‘‘(1) An agency’’ and inserting 
‘‘QUANTITY TO PROCURE.—’’ 
‘‘(1) An agency’’; 
(B) by striking ‘‘section 2303(a)’’ and inserting ‘‘section 
3063’’; 
(C) by striking ‘‘quantity as (A) will result in’’ and 
inserting ‘‘quantity as— 
‘‘(A) will result in’’; 
(D) by striking ‘‘where practicable, and (B) does not’’ 
‘‘where practicable; and 
‘‘(B) does not’’; and 
(E) by indenting paragraph (2) two ems from the left 
margin. 
(2) SUBSECTION (B).—Subsection (b) is amended by inserting 
‘‘OPINION OF OFFEROR WITH RESPECT TO QUANTITY TO BE PRO-
CURED.—’’ before ‘‘Each solicitation for’’. 
(d) TRANSFER OF SECTION 2319 OF TITLE 10.—Section 2319 
of such title is transferred to chapter 223 of such title, inserted 
after section 3242, as transferred and redesignated by subsection 
(c), redesignated as section 3243, and amended as follows: 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 3243. Encouragement of new competitors: qualification 
requirement’’. 
(2) SUBSECTION (A).—Subsection (a) is amended by inserting 
‘‘QUALIFICATION REQUIREMENT DEFINED.—’’ before ‘‘In this sec-
tion’’. 
(3) SUBSECTION (B).—Subsection (b) is amended— 
(A) by inserting ‘‘ACTIONS
BEFORE
ESTABLISHING 
QUALIFICATION REQUIREMENT.—’’ before ‘‘Except as pro-
vided’’; and 
(B) in paragraph (5), by striking ‘‘clause (4)’’ and 
inserting ‘‘paragraph (4)’’. 
(4) SUBSECTION (C).—Subsection (c) is amended—
H. R. 6395—793 
(A) by striking ‘‘(1) Subsection (b) of this section’’ and 
inserting 
‘‘APPLICABILITY, 
WAIVER
AUTHORITY, 
AND 
REFERRAL OF OFFERS.— 
‘‘(1) APPLICABILITY.—Subsection (b)’’; 
(B) by indenting paragraphs (2) through (6) two ems 
from the left margin; 
(C) in paragraph (2)— 
(i) by striking ‘‘(A) Except as provided in subpara-
graph (B),’’ and inserting ‘‘WAIVER AUTHORITY.— 
‘‘(A) 
SUBMISSION
OF
DETERMINATION
OF 
UNREASONABLENESS.—Except as provided in subparagraph 
(C),’’; 
(ii) by redesignating subparagraph (B) as subpara-
graph (C); 
(iii) by designating the second sentence of subpara-
graph (A) as subparagraph (B); 
(iv) in subparagraph (B), as so designated, by 
inserting ‘‘AUTHORITY
TO
GRANT
WAIVER.—’’ before 
‘‘After considering’’; and 
(v) in subparagraph (C), as redesignated by clause 
(ii), by inserting ‘‘INAPPLICABILITY TO QUALIFIED PROD-
UCTS LIST.—’’ before ‘‘The waiver’’; 
(D) in paragraph (3), by inserting ‘‘SUBMISSION AND 
CONSIDERATION OF OFFER NOT TO BE DENIED IN CERTAIN 
CASES.—’’ before ‘‘A potential offeror’’; 
(E) in paragraph (4), by inserting ‘‘REFERRAL TO SMALL 
BUSINESS ADMINISTRATION.—’’ before ‘‘Nothing contained in 
this’’; 
(F) in paragraph (5), by inserting ‘‘DELAY OF PROCURE-
MENT NOT REQUIRED.—’’ before ‘‘The head of’’; and 
(G) in paragraph (6), by inserting ‘‘REQUIREMENTS 
BEFORE ENFORCEMENT OF CERTAIN LISTS.—’’ before ‘‘The 
requirements of’’. 
(5) SUBSECTION (D).—Subsection (d) is amended— 
(A) by striking ‘‘(1) If the number of’’ and inserting 
‘‘FEWER THAN 2 ACTUAL MANUFACTURERS.— 
‘‘(1) SOLICITATION AND TESTING OF ADDITIONAL SOURCES 
OR PRODUCTS.—If the number of’’; 
(B) by redesignating paragraph (2) as paragraph (3), 
indenting that paragraph two ems from the left margin, 
and inserting ‘‘CERTIFICATION
REQUIRED.—’’ before ‘‘The 
head of’’; 
(C) in paragraph (1)(B)— 
(i) by inserting ‘‘subject to paragraph (2),’’ before 
‘‘bear the cost of’’; and 
(ii) by striking ‘‘that requirement, but such costs 
may be borne’’ and inserting ‘‘that requirement.’’; 
(D) by designating as paragraph (2) the text of para-
graph (1)(B), as so amended, that begins ‘‘only if the head 
of the agency’’; 
(E) in paragraph (2), as designated by subparagraph 
(D), by inserting ‘‘CERTIFICATION WHEN AGENCY MAY BEAR 
COST.—Costs may be borne under paragraph (1)(B)’’ before 
‘‘only if’’; and 
(F) by moving subparagraphs (A) and (B) of paragraph 
(1) (as amended) two ems to the right.
H. R. 6395—794 
(6) SUBSECTION (E).—Subsection (e) is amended by inserting 
‘‘EXAMINATION AND REVALIDATION OF QUALIFICATION REQUIRE-
MENT.—’’ before ‘‘Within seven years’’. 
(7) SUBSECTION (F).—Subsection (f) is amended by inserting 
‘‘RESTRICTION ON ENFORCEMENT.—’’ before ‘‘Except in an’’. 
(e) TRANSFER
OF SECTION 2381.—Section 2381 of title 10, 
United States Code, is transferred to chapter 223 of such title, 
as added by this section, inserted after section 3243, as transferred 
and redesignated by subsection (d), and redesignated as section 
3247. 
(f) TRANSFER OF SECTION 2318.—Section 2318 of title 10, United 
States Code, is transferred to chapter 223 of such title, as added 
by this section, inserted after section 3247, as transferred and 
redesignated by subsection (e), redesignated as section 3249, and 
amended by striking ‘‘section 2303(a)’’ and inserting ‘‘section 3063’’. 
(g) TRANSFER OF SECTION 2339A.—Section 2339a of such title 
is transferred to chapter 223 of such title, inserted after section 
3249, as added by subsection (f), redesignated as section 3252, 
and amended— 
(1) in subsection (b)(3)(A), by striking ‘‘section 2304(f)(3)’’ 
and inserting ‘‘section 3204(e)(2)’’; 
(2) in subsection (e)(2)(A), by striking ‘‘section 2319’’ and 
inserting ‘‘section 3243’’; and 
(3) in subsection (e)(3)— 
(A) 
in 
subparagraph 
(A), 
by 
striking 
‘‘section 
2305(a)(1)(C)(ii)’’ and ‘‘section 2305(a)(2)(A)’’ and inserting 
‘‘section 3206(a)(3)(B)’’ and ‘‘section 3206(b)(1)’’, respec-
tively; and 
(B) 
in 
subparagraph 
(B), 
by 
striking 
‘‘section 
2304c(d)(3)’’ and inserting ‘‘section 3406(d)(3)’’. 
(h) PLACEHOLDER FOR CHAPTER FOR PROVISIONS RELATING TO 
PLANNING AND SOLICITATIONS RELATING TO PARTICULAR ITEMS OR 
SERVICES.—Part V of subtitle A of title 10, United States Code, 
as added by section 801 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115–232), is 
amended by inserting after chapter 223, as added by this section, 
the following new chapter: 
‘‘CHAPTER 225—PLANNING AND SOLICITATION 
RELATING TO PARTICULAR ITEMS OR SERVICES 
‘‘Sec. 
‘‘3271. øReserved¿.’’. 
Subtitle C—Contracting Methods and 
Contract Types 
SEC. 1816. AWARDING OF CONTRACTS. 
(a) TABLES OF CHAPTERS AMENDMENTS.—The tables of chapters 
at the beginning of subtitle A, and at the beginning of part V 
of subtitle A (as added by section 801 of Public Law 115–232), 
of title 10, United States Code, are amended by striking the items 
relating to chapters 241 and 243 and inserting the following: 
‘‘241. Awarding of Contracts ................................................................................. 3301
‘‘242. Specific Types of Contracts ......................................................................... 3321
‘‘243. Other Matters Relating to Awarding and Types of Contracts ................. 3341
‘‘244. Undefinitized Contractual Actions ............................................................. 3371’’.
H. R. 6395—795 
(b) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by striking chapters 241 and 243 and inserting 
the following: 
‘‘CHAPTER 241—AWARDING OF CONTRACTS 
‘‘Sec. 
‘‘3301. Basis of award and rejection. 
‘‘3302. Sealed bids. 
‘‘3303. Competitive proposals. 
‘‘3304. Post-award debriefings. 
‘‘3305. Pre-award debriefings. 
‘‘3306. Encouragement of alternative dispute resolution. 
‘‘3307. Antitrust violations. 
‘‘3308. Protests. 
‘‘3309. Prohibition on release of contractor proposals.’’. 
(c) TRANSFER OF SUBSECTION (B) OF SECTION 2305.— 
(1) TRANSFER.—Subsection (b) of section 2305 of title 10, 
United States Code, is transferred to chapter 241 of such title, 
as amended by subsection (b), inserted after the table of sec-
tions, and amended by striking the subsection designation. 
(2) INSERTION OF SECTION HEADINGS.—Such chapter is fur-
ther amended— 
(A) by inserting before paragraph (1) the following: 
‘‘§ 3301. Basis of award and rejection’’; 
(B) by inserting before paragraph (3) the following: 
‘‘§ 3302. Sealed bids’’; 
(C) by inserting before paragraph (4) the following: 
‘‘§ 3303. Competitive proposals’’; 
(D) by inserting before paragraph (5) the following: 
‘‘§ 3304. Post-award debriefings’’; 
(E) by inserting before paragraph (6) the following: 
‘‘§ 3305. Pre-award debriefings’’; 
(F) by inserting before paragraph (8) the following: 
‘‘§ 3306. Encouragement of alternative dispute resolution’’; 
and 
(G) by inserting before paragraph (9) the following: 
‘‘§ 3307. Antitrust violations’’. 
(3) AMENDMENTS TO NEW 3301.—Section 3301 of such title, 
as designated by paragraph (2), is amended— 
(A) by redesignating paragraphs (1) and (2) as sub-
sections (a) and (b), respectively; 
(B) in subsection (a), as so redesignated, by inserting 
‘‘AWARD.—’’ before ‘‘The head of’’; and 
(C) in subsection (b), as so redesignated, by inserting 
‘‘REJECTION.—’’ before ‘‘All sealed bids’’. 
(4) AMENDMENTS TO NEW 3302.—Section 3302 of such title, 
as designated by paragraph (2), is amended— 
(A) by redesignating paragraph (3) as subsection (a); 
(B) by designating the second and third sentences as 
subsections (b) and (c), respectively;
H. R. 6395—796 
(C) in subsection (a), as so redesignated, by inserting 
‘‘OPENING OF BIDS.—’’ before ‘‘Sealed bids shall be’’; 
(D) in subsection (b), as so designated— 
(i) by inserting ‘‘CRITERIA
FOR AWARDING CON-
TRACT.—’’ before ‘‘The head of the agency’’; 
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘sec-
tion 3301(a) of this title’’; and 
(iii) by striking ‘‘paragraph (2)’’ and inserting ‘‘sec-
tion 3301(b) of this title’’; and 
(E) in subsection (c), as so designated, by inserting 
‘‘NOTICE OF AWARD.—’’ before ‘‘The award of’’. 
(5) AMENDMENTS TO NEW 3303.—Section 3303 of such title, 
as designated by paragraph (2), is amended— 
(A) by striking the paragraph designation; 
(B) redesignating subparagraphs (A), (B), and (C) as 
subsections (a), (b), and (c), respectively; 
(C) by designating the second sentence of subsection 
(c), as so redesignated, as subsection (d); 
(D) in subsection (a), as so redesignated— 
(i) by inserting ‘‘EVALUATION AND AWARD.—’’ before 
‘‘The head of’’; 
(ii) by striking ‘‘paragraph (1)’’ and inserting ‘‘sec-
tion 3301(a) of this title’’; and 
(iii) by redesignating clauses (i) and (ii) as para-
graphs (1) and (2), respectively; 
(E) in subsection (b), as so redesignated— 
(i) by inserting ‘‘LIMIT
ON
NUMBER
OF
PRO-
POSALS.—’’ before ‘‘If the contracting officer’’; and 
(ii) by striking ‘‘subparagraph (A)(i)’’ and inserting 
‘‘subsection (a)(1)’’; 
(F) in subsection (c), as so redesignated— 
(i) by inserting ‘‘CRITERIA
FOR AWARDING CON-
TRACT.—’’ before ‘‘Except as provided in’’; and 
(ii) by striking ‘‘paragraph (2)’’ and inserting ‘‘sec-
tion 3301(b) of this title’’; and 
(G) in subsection (d), as so designated— 
(i) by inserting ‘‘NOTICE OF AWARD.—’’ before ‘‘The 
head of’’; and 
(ii) by striking ‘‘This subparagraph’’ and inserting 
‘‘This subsection’’. 
(6) AMENDMENTS TO NEW 3304.—Section 3304 of such title, 
as designated by paragraph (2), is amended— 
(A) by striking the paragraph designation; 
(B) by redesignating subparagraphs (A), (B), (D), (E), 
and (F) as subsections (a), (c), (d), (e), and (f), respectively; 
(C) by designating the second sentence of subsection 
(a), as so redesignated, as subsection (b); 
(D) by redesignating subparagraph (C) as paragraph 
(2); 
(E) in subsection (a), as so redesignated, by inserting 
‘‘REQUEST FOR DEBRIEFING.—’’ before ‘‘When a’’; 
(F) in subsection (b), as designated by subparagraph 
(C), by inserting ‘‘WHEN DEBRIEFING TO BE CONDUCTED.— 
’’ before ‘‘The head of’’; 
(G) in subsection (c), as so redesignated by subpara-
graph (B)—
H. R. 6395—797 
(i) by inserting ‘‘INFORMATION TO BE PROVIDED.— 
(1)’’ before ‘‘The debriefing shall include’’; 
(ii) by redesignating clauses (i) through (vii) as 
subparagraphs (A) through (G), respectively; and 
(iii) in paragraph (2), as redesignated by subpara-
graph (D), by striking ‘‘subparagraph (B)(vii)’’ and 
inserting ‘‘paragraph (1)(G)’’; 
(H) in subsection (d), as so redesignated, by inserting 
‘‘INFORMATION
NOT
TO
BE
INCLUDED.—’’ before ‘‘The 
debriefing’’; 
(I) in subsection (e), as so redesignated— 
(i) by inserting ‘‘INCLUSION
OF STATEMENT
IN 
SOLICITATION.—’’ before ‘‘Each solicitation’’; and 
(ii) by striking ‘‘subparagraph (B)’’ and inserting 
‘‘subsection (c)’’; 
(J) in subsection (f), as so redesignated— 
(i) by inserting ‘‘AFTER SUCCESSFUL PROTEST.— 
’’ before ‘‘If, within one year’’; and 
(ii) by redesignating clauses (i) and (ii) as para-
graphs (1) and (2), respectively; and 
(K) by adding at the end a new subsection (g) with 
the same heading and text as subsection (f) of section 
3305 of such title, as amended by paragraph (7)(J). 
(7) AMENDMENTS TO NEW 3305.—Section 3305 of such title, 
as designated by paragraph (2), is amended— 
(A) by striking ‘‘(6)’’; 
(B) by redesignating paragraph (7) as subsection (f); 
(C) redesignating subparagraphs (A), (B), (C), and (D) 
as subsections (a), (c), (d), and (e), respectively; 
(D) by designating the second sentence of subsection 
(a), as so redesignated, as subsection (b); 
(E) in subsection (a), as so redesignated, by inserting 
‘‘REQUEST FOR DEBRIEFING.—’’ before ‘‘When the’’; 
(F) in subsection (b), as designated by subparagraph 
(D), by inserting ‘‘WHEN DEBRIEFING TO BE CONDUCTED.— 
’’ before ‘‘The contracting officer’’; 
(G) in subsection (c), as so redesignated— 
(i) by inserting ‘‘PRECONDITION FOR POST-AWARD 
DEBRIEFING.—’’ before ‘‘The contracting officer’’; 
(ii) by striking ‘‘paragraph (5)’’ and inserting ‘‘sec-
tion 3304 of this title’’ ; and 
(iii) by striking ‘‘subparagraph (A)’’ and inserting 
‘‘subsections (a) and (b)’’; 
(H) in subsection (d), as so redesignated— 
(i) by inserting ‘‘INFORMATION TO BE PROVIDED.— 
’’ before ‘‘The debriefing’’; 
(ii) by striking ‘‘subparagraph (A)’’ and inserting 
‘‘subsections (a) and (b)’’; and 
(iii) by redesignating clauses (i), (ii), and (iii) as 
paragraphs (1), (2), and (3), respectively; 
(I) in subsection (e), as so redesignated— 
(i) by inserting ‘‘INFORMATION NOT
TO BE DIS-
CLOSED.—’’ before ‘‘The debriefing’’; and 
(ii) by striking ‘‘subparagraph (A)’’ and inserting 
‘‘subsections (a) and (b)’’; and 
(J) in subsection (f), as redesignated by subparagraph 
(B)—
H. R. 6395—798 
(i) by inserting ‘‘SUMMARY
TO BE INCLUDED
IN 
FILE.—’’ before ‘‘The contracting officer’’; and 
(ii) by striking ‘‘under paragraph (5) or (6)’’ and 
inserting ‘‘this section’’. 
(8) AMENDMENT TO NEW 3306.—Section 3306 of such title, 
as designated by paragraph (2), is amended by striking the 
paragraph designation. 
(9) AMENDMENT TO NEW 3307.—Section 3307 of such title, 
as designated by paragraph (2), is amended by striking the 
paragraph designation. 
(d) NEW SECTIONS.—Such chapter is further amended by adding 
at the end the following new sections: 
‘‘§ 3308. Protests 
‘‘§ 3309. Prohibition on release of contractor proposals’’. 
(e) TRANSFER OF SUBSECTIONS (E) AND (F) OF SECTION 2305.— 
(1) TRANSFER.—Subsections (e) and (f) of section 2305 of 
title 10, United States Code, are transferred to section 3308 
of such title, as added by subsection (d), inserted after the 
section heading, and redesignated as subsections (a) and (b), 
respectively. 
(2) AMENDMENT TO NEW 3308(A).—Subsection (a) of such 
section 3308, as redesignated by paragraph (1), is amended— 
(A) by striking ‘‘FILE.—(1) If, in the’’ and inserting 
‘‘FILE.— 
‘‘(1) ESTABLISHMENT AND ACCESS.—If, in the’’; 
(B) in paragraph (2), by inserting ‘‘REDACTED INFORMA-
TION.—’’ before ‘‘Information exempt’’; and 
(C) by realigning paragraph (2) 2 ems to the right. 
(f) TRANSFER OF SUBSECTION (G) OF SECTION 2305.— 
(1) TRANSFER AND INTERNAL REDESIGNATIONS.—Subsection 
(g) of section 2305 of title 10, United States Code, is transferred 
to section 3309 of such title, as added by subsection (d), inserted 
after the section heading, and amended— 
(A) by striking the subsection designation and heading; 
(B) by redesignating paragraphs (1), (2), and (3) as 
subsections (b), (c), and (a), respectively; and 
(C) by transferring subsection (a), as so redesignated, 
within that section so as to appear before subsection (b), 
as so redesignated. 
(2) AMENDMENT TO NEW 3309(A).—Subsection (a) of such 
section 3309, as redesignated and transferred by paragraph 
(1), is amended by striking ‘‘In this subsection,’’ and inserting 
‘‘DEFINITION.—In this section,’’. 
(3) AMENDMENTS TO NEW 3309(B).—Subsection (b) of such 
section 3309, as redesignated by paragraph (1), is amended— 
(A) by inserting ‘‘PROHIBITION.—’’ before ‘‘Except as 
provided in’’; 
(B) by striking ‘‘paragraph (2),’’ and inserting ‘‘sub-
section (c),’’; and 
(C) by striking ‘‘section 2303’’ and inserting ‘‘section 
3063’’. 
(4) AMENDMENTS TO NEW 3309(C).—Subsection (c) of such 
section 3309, as redesignated by paragraph (1), is amended 
by striking ‘‘Paragraph (1)’’ and inserting ‘‘INAPPLICABILITY.— 
Subsection (b)’’.
H. R. 6395—799 
SEC. 1817. SPECIFIC TYPES OF CONTRACTS. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by inserting after chapter 241, as added by the 
preceding section, the following new chapter: 
‘‘CHAPTER 242—SPECIFIC TYPES OF CONTRACTS 
‘‘Sec. 
‘‘3321. Contracts awarded using procedures other than sealed-bid procedures. 
‘‘3322. Cost contracts. 
‘‘3323. Cost-plus contracting prohibited for military construction and military family 
housing projects. 
‘‘3324. Preference for fixed-price contracts. 
‘‘§ 3321. Contracts awarded using procedures other than 
sealed-bid procedures 
‘‘§ 3322. Cost contracts 
‘‘§ 3323. 
Cost-plus 
contracting 
prohibited 
for 
military 
construction and military family housing projects 
‘‘§ 3324. Preference for fixed-price contracts 
‘‘øReserved¿.’’. 
(b) TRANSFER OF SUBSECTIONS (A) AND (B) OF SECTION 2306.— 
Subsections (a) and (b) of section 2306 of title 10, United States 
Code, are transferred to section 3321 of such title, as added by 
subsection (a), and inserted after the section heading. 
(c) TRANSFER OF FIRST SENTENCE OF SUBSECTION (A).—The 
first sentence of such subsection (a) is further transferred to section 
3322 of such title, as added by subsection (a), inserted after the 
section heading, and designated as subsection (a). 
(d) AMENDMENTS TO NEW 3321.— 
(1) NEW 3321(A).—Subsection (a) of such section 3321 (as 
amended by subsection (c)) is amended— 
(A) by inserting ‘‘AUTHORIZED TYPES.—’’ before ‘‘Subject 
to’’; 
(B) by striking ‘‘the preceding sentence’’ and inserting 
‘‘section 3322(a) of this title’’; 
(C) by striking ‘‘this section’’ and inserting ‘‘this 
chapter’’; and 
(D) by striking ‘‘under this chapter’’ and inserting 
‘‘under chapter 137 legacy provisions’’. 
(2) NEW 3321(B).—Subsection (b) of such section 3321 is 
amended— 
(A) by striking ‘‘Each contract awarded’’ and inserting 
‘‘REQUIRED WARRANTY.— 
‘‘(1) CONTENT.—Each contract awarded’’; 
(B) by striking ‘‘under this chapter’’ and inserting 
‘‘under chapter 137 legacy provisions’’; 
(C) by striking ‘‘maintained by him’’ and inserting 
‘‘maintained by the contractor’’; 
(D) by designating the second and third sentences as 
paragraphs (2) and (3), respectively, and realigning those 
paragraphs 2 ems to the right; 
(E) in paragraph (2), as so designated— 
(i) by inserting ‘‘REMEDY
FOR BREAKING WAR-
RANTY.—’’ before ‘‘If a contractor’’; and
H. R. 6395—800 
(ii) by striking ‘‘the United States may annul the 
contract without liability or may deduct’’ and inserting 
‘‘the United States— 
‘‘(A) may annul the contract without liability; or 
‘‘(B) may deduct’’; and 
(F) in paragraph (3), as so designated— 
(i) by inserting ‘‘INAPPLICABILITY TO CERTAIN CON-
TRACTS.—’’ before ‘‘This subsection’’; 
(ii) by striking ‘‘does not apply to a contract that 
is for an amount not greater than the simplified 
acquisition threshold or to a contract’’ and inserting 
‘‘does not apply— 
‘‘(A) to a contract that is for an amount not greater 
than the simplified acquisition threshold; or 
‘‘(B) to a contract’’. 
(e) TRANSFER OF SUBSECTIONS (D) AND (E) OF SECTION 2306.— 
Subsections (d) and (e) of section 2306 of title 10, United States 
Code, are transferred to section 3322 of such title, as amended 
by subsections (b) and (c), inserted at the end, and redesignated 
as subsections (b) and (c), respectively. 
(f) AMENDMENTS TO NEW 3322.— 
(1) NEW 3322(A).—Subsection (a) of such section 3322, as 
transferred and designated by subsection (c), is amended by 
inserting ‘‘COST-PLUS-A-PERCENTAGE-OF-COST SYSTEM OF CON-
TRACTING PROHIBITED.—’’ before ‘‘The cost-plus-a-percentage- 
of-cost system’’. 
(2) NEW 3322(B).—Subsection (b) of such section 3322, as 
transferred and redesignated by subsection (e), is amended 
by inserting ‘‘COST-PLUS-A-FIXED-FEE
CONTRACTS.—’’ before 
‘‘The fee for performing a cost-plus-a-fixed-fee contract for 
experimental’’. 
(3) NEW 3322(C).—Subsection (c) of such section 3322, as 
transferred and redesignated by subsection (e), is amended— 
(A) by striking ‘‘(1) Except as’’ and inserting ‘‘ADVANCE 
NOTICE OF CERTAIN SUBCONTRACTS.— 
‘‘(1) IN GENERAL.—Except as’’; and 
(B) in paragraph (2)— 
(i) by inserting ‘‘EXCEPTION.—’’ before ‘‘Paragraph 
(1)’’; and 
(ii) by realigning that paragraph 2 ems to the 
right. 
(g) TRANSFER OF SUBSECTION (C) OF SECTION 2306.— 
(1) TRANSFER.—Subsection (c) of section 2306 of title 10, 
United States Code, is transferred to section 3323 of such 
title, as added by subsection (a), inserted after the section 
heading, redesignated as subsection (a), and amended by desig-
nating the second sentence as subsection (b). 
(2) AMENDMENT TO NEW 3323(A).—Subsection (a) of such 
section 3323, as so transferred and redesignated, is amended 
by inserting ‘‘PROHIBITION.—’’ before ‘‘A contract entered into’’. 
(3) AMENDMENTS TO NEW 3323(B).—Subsection (b) of such 
section 3323, as designated by paragraph (1), is amended— 
(A) by striking ‘‘This’’ and inserting ‘‘APPLICABILITY.— 
The’’; 
(B) by striking ‘‘prohibition is in addition to the prohibi-
tion specified in subsection (a)’’ and inserting ‘‘prohibition 
specified in subsection (a)—
H. R. 6395—801 
‘‘(1) is in addition to the prohibition specified in section 
3322(a) of this title’’; and 
(C) by striking ‘‘system of contracting and applies not-
withstanding’’ and inserting ‘‘system of contracting; and 
‘‘(2) applies notwithstanding.’’. 
(h) CROSS-REFERENCE AMENDMENT.—Section 2343 of title 10, 
United States Code, is amended by striking ‘‘2306(a), 2306(b), 
2306(e)’’ and inserting ‘‘3351, 3352(a), 3352(c)’’. 
SEC. 1818. OTHER MATTERS RELATING TO AWARDING OF CONTRACTS. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by inserting after chapter 242, as added by the 
preceding section, the following new chapter: 
‘‘CHAPTER 243—OTHER MATTERS RELATING TO 
AWARDING OF CONTRACTS 
‘‘Sec. 
‘‘3341. øReserved¿. 
‘‘3342. øReserved¿. 
‘‘3343. øReserved¿. 
‘‘3344. Disclosure of identity of contractor. 
‘‘3345. Contract authority for advanced development of initial or additional proto-
type units.’’. 
(b) TRANSFER
OF SECTION 2316.—Section 2316 of title 10, 
United States Code, is transferred to chapter 243 of such title, 
as added by subsection (a), inserted after the table of sections, 
and redesignated as section 3344.’’. 
(c) TRANSFER OF SECTION 2302E.—Section 2302e of title 10, 
United States Code, is transferred to chapter 243 of such title, 
inserted after section 3344, as transferred and redesignated by 
subsection (b), redesignated as section 3345, and amended in sub-
section (a) by striking ‘‘section 2302(2)(B)’’ and inserting ‘‘section 
3012(2)’’. 
SEC. 1819. UNDEFINITIZED CONTRACTUAL ACTIONS. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by inserting after chapter 243, as added by the 
preceding section, the following new chapter: 
‘‘CHAPTER 244—UNDEFINITIZED CONTRACTUAL 
ACTIONS 
‘‘Sec. 
‘‘3371. Undefinitized contractual actions: required description of anticipated effect 
on military department requirements if use of undefinitized contractual 
action results in delay. 
‘‘3372. Undefinitized contractual actions: requirements and limitations relating to 
definitization of contractual terms, specifications, and price. 
‘‘3373. Undefinitized contractual actions: limitation on inclusion of non-urgent re-
quirements and on modification of scope. 
‘‘3374. Undefinitized contractual actions: allowable profit. 
‘‘3375. Undefinitized contractual actions: time limit. 
‘‘3376. øReserved¿. 
‘‘3377. Inapplicability to Coast Guard and National Aeronautics and Space Adminis-
tration; definitions.
H. R. 6395—802 
‘‘§ 3371. Undefinitized contractual actions: required descrip-
tion of anticipated effect on military department 
requirements if use of undefinitized contractual 
action results in delay 
‘‘§ 3372. Undefinitized contractual actions: requirements and 
limitations relating to definitization of contractual 
terms, specifications, and price 
‘‘§ 3373. Undefinitized contractual actions: limitation on 
inclusion of non-urgent requirements and on modi-
fication of scope 
‘‘§ 3374. Undefinitized contractual actions: allowable profit 
‘‘§ 3375. Undefinitized contractual actions: time limit 
‘‘§ 3377. Inapplicability to Coast Guard and National Aero-
nautics and Space Administration; definitions’’. 
(b) TRANSFER OF SUBSECTION (A) OF SECTION 2326.—Subsection 
(a) of section 2326 of title 10, United States Code, is transferred 
to section 3371 of such title, as added by subsection (a), inserted 
after the section heading, and amended by striking the subsection 
designation and subsection heading. 
(c) TRANSFER OF SUBSECTIONS (B), (C), AND (H) OF SECTION 
2326.— 
(1) TRANSFER.—Subsections (b), (c), and (h) of section 2326 
of title 10, United States Code, are transferred to section 3372 
of such title, as added by subsection (a), inserted (in that 
order) after the section heading, and redesignated as sub-
sections (a), (b), and (c), respectively. 
(2) AMENDMENTS TO NEW 3372(A).—Subsection (a) of such 
section 3372, as transferred and redesignated by paragraph 
(1), is amended— 
(A) by striking ‘‘LIMITATIONS
ON
OBLIGATION
OF 
FUNDS.—(1) A contracting officer’’ and inserting ‘‘CONTRAC-
TUAL ACTION
TO PROVIDE TIME
FOR DEFINITIZATION
OF 
CONTRACTUAL TERMS, SPECIFICATIONS, AND PRICE; LIMITA-
TIONS ON OBLIGATION OF FUNDS.— 
‘‘(1) TERMS FOR TIME FOR DEFINITIZATION TO BE INCLUDED 
IN CONTRACTUAL ACTION.—A contracting officer’’; 
(B) by redesignating paragraphs (2) and (3) as subpara-
graphs (A) and (B), respectively, and realigning those sub-
paragraphs 4 ems to the right; 
(C) by inserting before subparagraph (A), as so redesig-
nated and realigned, the following: 
‘‘(2) 
LIMITATION
ON
OBLIGATION
OF
FUNDS
BEFORE 
DEFINITIZATION.—’’; 
(D) in such subparagraph (A), as so redesignated, by 
striking ‘‘Except as provided in paragraph (3),’’ and 
inserting ‘‘50 PERCENT LIMITATION.—Except as provided in 
subparagraph (B),’’; 
(E) in such subparagraph (B), as so redesignated and 
realigned— 
(i) by inserting ‘‘75 PERCENT LIMITATION WHEN CON-
TRACTOR SUBMITS QUALIFYING PROPOSAL.—’’ before ‘‘If 
a contractor’’; and 
(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘sec-
tion 3377(b) of this title’’;
H. R. 6395—803 
(F) by redesignating paragraph (4) as paragraph (3) 
and inserting ‘‘WAIVER AUTHORITY.—’’ in that paragraph 
before ‘‘The head of’’; and 
(G) by redesignating paragraph (5) as paragraph (4) 
and inserting ‘‘INAPPLICABILITY WITH RESPECT TO PURCHASE 
OF INITIAL SPARES.—’’ in that paragraph before ‘‘This sub-
section does not’’. 
(3) AMENDMENT TO NEW 3372(B).—Subsection (b) of such 
section 3372, as transferred and redesignated by paragraph 
(1), is amended by striking ‘‘subsection (b)(1)’’ and inserting 
‘‘subsection (a)(1)’’. 
(4) AMENDMENTS TO NEW 3372(C).—Subsection (c) of such 
section 3372, as transferred and redesignated by paragraph 
(1), is amended— 
(A) by striking ‘‘CONTRACTS.—(1) Except as provided 
in’’ and inserting ‘‘CONTRACTS.— 
‘‘(1) 180-DAY REQUIREMENT.—Except as provided in’’; 
(B) by striking ‘‘subsection (b)(1)(A)’’ and inserting 
‘‘subsection (a)(1)(A)’’; 
(C) by realigning paragraph (2) 2 ems to the right; 
and 
(D) in paragraph (2)— 
(i) by inserting ‘‘WAIVER AUTHORITY.—’’ before ‘‘The 
requirement’’; and 
(ii) by striking ‘‘subsection (b)(4)’’ and inserting 
‘‘subsection (a)(3)’’. 
(d) TRANSFER OF SUBSECTIONS (D) AND (E) OF SECTION 2326.— 
Subsections (d) and (e) of section 2326 of title 10, United States 
Code, are transferred to section 3373 of such title, as added by 
subsection (a), inserted after the section heading, and redesignated 
as subsections (a) and (b), respectively. 
(e) TRANSFER OF SUBSECTION (F) OF SECTION 2326.— 
(1) TRANSFER.—Subsection (f) of section 2326 of title 10, 
United States Code, is transferred to section 3374 of such 
title, as added by subsection (a), inserted after the section 
heading, and amended— 
(A) by striking the subsection designation and sub-
section heading; and 
(B) by redesignating paragraphs (1) and (2) as sub-
sections (a) and (b), respectively. 
(2) AMENDMENTS TO NEW 3374(A).—Subsection (a) of such 
section 3374, as so transferred and redesignated, is amended— 
(A) by inserting ‘‘ALLOWED PROFIT TO REFLECT CER-
TAIN REDUCED COST RISKS OF CONTRACTOR.—’’ before ‘‘The 
head of an agency’’; and 
(B) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively. 
(3) AMENDMENT TO NEW 3374(B).—Subsection (b) of such 
section 3374, as so transferred and redesignated, is amended 
by inserting ‘‘DATE AS OF WHICH CONTRACTOR COST RISK TO 
BE DETERMINED.—’’ before ‘‘If a contractor’’. 
(f) TRANSFER OF SUBSECTION (G) OF SECTION 2326.—Subsection 
(g) of section 2326 of title 10, United States Code, is transferred 
to section 3375 of such title, as added by subsection (a), inserted 
after the section heading, and amended by striking the subsection 
designation and subsection heading.
H. R. 6395—804 
(g) TRANSFER OF SUBSECTIONS (I) AND (J) OF SECTION 2326.— 
Subsections (i) and (j) of section 2326 of title 10, United States 
Code, are transferred to section 3377 of such title, as added by 
subsection (a), inserted after the section heading, redesignated as 
subsections (a) and (b), respectively, and amended by striking ‘‘sec-
tion’’ in each such subsection and inserting ‘‘chapter’’. 
SEC. 1820. TASK AND DELIVERY ORDER CONTRACTS. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by striking chapter 245 and inserting the fol-
lowing: 
‘‘CHAPTER 245—TASK AND DELIVERY ORDER 
CONTRACTS (MULTIPLE AWARD CONTRACTS) 
‘‘Sec. 
‘‘3401. Task and delivery order contracts: definitions. 
‘‘3402. øReserved¿. 
‘‘3403. Task and delivery order contracts: general authority. 
‘‘3404. Guidance on use of task and delivery order contracts. 
‘‘3405. Task order contracts: advisory and assistance services. 
‘‘3406. Task and delivery order contracts: orders.’’. 
(b) TRANSFER OF SECTION 2304D.— 
(1) TRANSFER.—Section 2304d of title 10, United States 
Code, is transferred to chapter 245 of such title, as amended 
by subsection (a), inserted after the table of sections, redesig-
nated as section 3401, and amended by striking ‘‘In sections 
2304a, 2304b, and 2304c of this title’’ and inserting ‘‘In this 
chapter’’. 
(2) ORDER OF DEFINITION PARAGRAPHS.—Paragraphs (1) and 
(2) of such section 3401, as so transferred and redesignated, 
are reversed in order and redesignated accordingly. 
(3) AMENDMENTS TO NEW 3401(1).—Paragraph (1) of such 
section, as so redesignated, is amended— 
(A) by inserting ‘‘DELIVERY ORDER CONTRACT.—’’ before 
‘‘The term’’; 
(B) by striking ‘‘for property that does not’’ and 
inserting ‘‘for property— 
‘‘(A) that does not’’; and 
(C) by striking ‘‘quantity) and that provides for’’ and 
inserting ‘‘quantity); and 
‘‘(B) that provides for’’. 
(4) AMENDMENTS TO NEW 3401(2).—Paragraph (2) of such 
section, as so redesignated, is amended— 
(A) by inserting ‘‘TASK ORDER CONTRACT.—’’ before ‘‘The 
term’’; 
(B) by striking ‘‘for services that does not’’ and inserting 
‘‘for services— 
‘‘(A) that does not’’; and 
(C) by striking ‘‘quantity) and that provides for’’ and 
inserting ‘‘quantity); and 
‘‘(B) that provides for’’. 
(c) TRANSFER OF SECTION 2304A.— 
(1) TRANSFER.—Section 2304a of title 10, United States 
Code, is transferred to chapter 245 of such title, as amended 
by subsection (a), inserted after section 3401, as transferred
H. R. 6395—805 
and redesignated by subsection (b), and redesignated as section 
3403. 
(2) AMENDMENTS TO NEW 3403(A).—Subsection (a) of such 
section, as so redesignated, is amended— 
(A) by striking ‘‘section 2304c’’ and inserting ‘‘section 
3406’’; and 
(B) by striking ‘‘section 2304d’’ and inserting ‘‘section 
3401’’. 
(3) AMENDMENTS TO NEW 3403(C).—Subsection (c) of such 
section, as so redesignated, is amended— 
(A) by striking ‘‘section only if an exception’’ and 
inserting ‘‘only if— 
‘‘(1) an exception’’; 
(B) by striking ‘‘subsection (c) of section 2304’’ and 
inserting ‘‘subsection (a) of section 3204’’; 
(C) by striking ‘‘the contract and the use of such’’ 
and inserting ‘‘the contract; and 
‘‘(2) the use of such’’; and 
(D) by striking ‘‘subsection (f)’’ and inserting ‘‘sub-
section (e)’’. 
(4) AMENDMENTS TO NEW 3403(D).—Subsection (d) of such 
section, as so redesignated, is amended— 
(A) by striking ‘‘CONTRACT AWARDS.—(1) The head of 
an agency’’ and inserting ‘‘CONTRACT AWARDS.— 
‘‘(1) EXERCISE OF AUTHORITY.—The head of an agency’’. 
(B) in paragraph (2)— 
(i) by inserting ‘‘DETERMINATION NOT REQUIRED.— 
’’ before ‘‘No determination’’; and 
(ii) by striking ‘‘section 2304(b)’’ and inserting ‘‘sec-
tion 3203’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘(A) Except as’’ and inserting ‘‘WHEN 
SINGLE SOURCE AWARDS FOR TASK OR DELIVERY ORDER 
CONTRACTS EXCEEDING $100,000,000 ARE ALLOWED.— 
(A) Except as’’; and 
(ii) in subparagraph (B), by striking ‘‘section 
2304(c)’’ and inserting ‘‘section 3204(a)’’; and 
(D) in paragraph (4), by inserting ‘‘REGULATIONS.— 
’’ before ‘‘The regulations’’. 
(5) AMENDMENTS TO NEW 3403(G).—Subsection (g) of such 
section, as so redesignated, is amended by striking ‘‘section 
2304b’’ and inserting ‘‘section 3405’’. 
(d) TRANSFER OF SECTION 2304B.— 
(1) TRANSFER.—Section 2304b of title 10, United States 
Code, is transferred to chapter 245 of such title, as amended 
by subsection (a), inserted after section 3403, as transferred 
and redesignated by subsection (c), and redesignated as section 
3405. 
(2) INTERNAL
REDESIGNATIONS.—Subsections (a), (b), (c), 
(d), (e), (f), (g), (h), and (i) of such section are redesignated 
as subsections (b), (c), (d), (e), (f), (g), (h), (i), and (a), respec-
tively, and subsection (a), as so redesignated, is transferred 
to the beginning of such section so as to appear after the 
section heading. 
(3) AMENDMENTS TO NEW 3405(B).—Subsection (b) of such 
section, as so redesignated, is amended—
H. R. 6395—806 
(A) by striking ‘‘section 2304c’’ and inserting ‘‘section 
3406’’; and 
(B) by striking ‘‘section 2304d’’ and inserting ‘‘section 
3401’’. 
(4) AMENDMENTS TO NEW 3405(E).—Subsection (e) of such 
section, as so redesignated, is amended— 
(A) by striking ‘‘AND CONTRACT.—(1) The solicitation’’ 
and inserting ‘‘AND CONTRACT.— 
‘‘(1) SOLICITATION.—The solicitation’’; 
(B) by striking ‘‘section 2304a(b)’’ and inserting 
‘‘3403(b)’’; and 
(C) by realigning paragraph (2) 2 ems to the right 
and inserting ‘‘CONTRACT.—’’ in that paragraph before ‘‘A 
task order’’. 
(5) AMENDMENTS TO NEW 3405(F).—Subsection (f) of such 
section, as so redesignated, is amended— 
(A) by striking ‘‘MULTIPLE AWARDS.—(1) The head of 
an agency’’ and inserting ‘‘MULTIPLE AWARDS.— 
‘‘(1) AUTHORITY
TO
MAKE
MULTIPLE
AWARDS.—The head 
of an agency’’. 
(B) by realigning paragraphs (2) and (3) 2 ems to 
the right; 
(C) by inserting ‘‘CONTENT OF SOLICITATION.—’’ in para-
graph (2) before ‘‘If, in the case of’’; and 
(D) by inserting ‘‘NONAPPLICATION.—’’ in paragraph (3) 
before ‘‘Paragraph (2) does not’’. 
(6) AMENDMENTS TO NEW 3405(G).—Subsection (g) of such 
section, as so redesignated, is amended— 
(A) by striking ‘‘CONTRACT MODIFICATIONS.—(1) A task 
order may not’’ and inserting ‘‘CONTRACT MODIFICATIONS.— 
‘‘(1) INCREASE IN SCOPE, PERIOD, OR MAXIMUM VALUE OF 
CONTRACT ONLY BY MODIFICATION OF CONTRACT.—A task order 
may not’’. 
(B) by realigning paragraphs (2) and (3) 2 ems to 
the right; 
(C) in paragraph (2)— 
(i) by inserting ‘‘USE
OF
COMPETITIVE
PROCE-
DURES.—’’ before ‘‘Unless use of’’; 
(ii) by striking ‘‘subsection (c) of section 2304’’ and 
inserting ‘‘subsection (a) of section 3204’’; and 
(iii) by striking ‘‘subsection (f)’’ and inserting ‘‘sub-
section (e)’’; and 
(D) in paragraph (3), by inserting ‘‘NOTICE.—’’ before 
‘‘Notice regarding’’. 
(7) AMENDMENTS TO NEW 3405(H).—Subsection (h) of such 
section, as so redesignated, is amended— 
(A) by striking ‘‘CONTRACT EXTENSIONS.—(1) Notwith-
standing the limitation’’ and inserting ‘‘CONTRACT EXTEN-
SIONS.— 
‘‘(1) WHEN CONTRACT MAY BE EXTENDED.—Notwithstanding 
the limitation’’; 
(B) in paragraph (1), by striking ‘‘subsection (b)’’ and 
‘‘subsection (e)’’ and inserting ‘‘subsection (c)’’ and ‘‘sub-
section (f)’’, respectively; and 
(C) by realigning paragraph (2) 2 ems to the right 
and inserting ‘‘LIMIT OF ONE EXTENSION.—’’ in that para-
graph before ‘‘A task order contract’’.
H. R. 6395—807 
(e) TRANSFER OF SECTION 2304C.— 
(1) TRANSFER.—Section 2304c of title 10, United States 
Code, is transferred to chapter 245 of such title, as amended 
by subsection (a), inserted after section 3405, as transferred 
and redesignated by subsection (d), and redesignated as section 
3406. 
(2) INTERNAL
REDESIGNATIONS.—Subsections (a), (b), (c), 
(e), (f), and (g) of such section are redesignated as subsections 
(b), (c), (e), (f), (g), and (a), respectively, subsection (a), as 
so redesignated, is transferred to the beginning of such section 
so as to appear after the section heading, and subsection (e), 
as so redesignated, is transferred within such section so as 
to appear after subsection (d). 
(3) AMENDMENTS TO NEW 3406(A).—Subsection (a) of such 
section, as so transferred and redesignated, is amended by 
striking ‘‘sections 2304a and 2304b’’ and inserting ‘‘sections 
3403 and 3405’’. 
(4) AMENDMENT
TO
NEW
3406(B).—Paragraph (2) of sub-
section (b) of such section, as so transferred and redesignated, 
is amended— 
(A) by striking ‘‘subsection (b)’’ and inserting ‘‘sub-
section (c)’’; and 
(B) by striking ‘‘section 2304(f)’’ and inserting ‘‘section 
3204(e)’’. 
(5) AMENDMENTS TO NEW 3406(C).—Subsection (c) of such 
section, as so transferred and redesignated, is amended— 
(A) by striking ‘‘section 2304a(d)(1) or 2304b(c)’’ and 
inserting ‘‘section 3403(d)(1)(B) or 3405(f)’’; and 
(B) by striking ‘‘section 2304(c)’’ in paragraph (5) and 
inserting ‘‘section 3204(a)’’. 
(6) AMENDMENTS TO NEW 3406(D).—Subsection (d) of such 
section is amended— 
(A) by striking ‘‘subsection (b)’’ and inserting ‘‘sub-
section (c)’’; and 
(B) by striking ‘‘section 2305(b)(5)’’ in paragraph (5) 
and inserting ‘‘section 3304’’. 
(7) AMENDMENTS TO NEW 3406(G).—Subsection (g) of such 
section is amended— 
(A) by striking ‘‘OMBUDSMAN.—Each head of an agency’’ 
and inserting ‘‘OMBUDSMAN.— 
‘‘(1) APPOINTMENT OR DESIGNATION AND RESPONSIBILITIES.— 
Each head of an agency’’. 
(B) by striking ‘‘section 2304a(d)(1)(B) or 2304b(e)’’ and 
inserting ‘‘section 3403(d)(1)(B) or 3405(f)’’; 
(C) by striking ‘‘subsection (b)’’ and inserting ‘‘sub-
section (c)’’; and 
(D) by designating the second sentence as paragraph 
(2) and inserting ‘‘WHO IS ELIGIBLE.—’’ in that paragraph 
before ‘‘The task and delivery order’’. 
SEC. 1821. ACQUISITION OF COMMERCIAL PRODUCTS AND COMMER-
CIAL SERVICES. 
(a) TRANSFER OF CHAPTER 140.— 
(1) TRANSFER OF CHAPTER.—Chapter 140 of title 10, United 
States Code, is transferred to part V of subtitle A of that 
title 10, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law
H. R. 6395—808 
115–232), inserted in place of chapter 247 as enacted by that 
section, and redesignated as chapter 247. 
(2) REDESIGNATION OF SECTIONS.—Sections in chapter 247 
of title 10, United States Code, as transferred and redesignated 
by paragraph (1), are redesignated as follows: 
Old Section No. 
New Sec-
tion No. 
2375 
3452 
2376 
3451 
2377 
3453 
2379 
3455 
2380 
3456 
2380a 
3457 
(3) TABLE OF SECTIONS.—The items in the table of sections 
at the beginning of such chapter are amended to conform to 
the redesignations made by paragraph (2). 
(4) TABLES OF CHAPTERS.—The tables of chapters at the 
beginning of subtitle A, and at the beginning of part IV of 
subtitle A, of title 10, United States Code, are amended by 
striking the item relating to chapter 140. 
(b) AMENDMENTS TO TRANSFERRED SECTIONS.— 
(1) SECTION 3451.— 
(A) Section 3451 of title 10, United States Code, as 
redesignated by subsection (a)(2), is transferred within 
chapter 247 of such title so as to appear after the table 
of sections at the beginning of such chapter (and before 
section 3452 as so redesignated). 
(B) The table of sections at the beginning of such 
chapter is amended to conform to the transfer made by 
subparagraph (A). 
(2) SECTION 3452.—Section 3452 of such title, as redesig-
nated by subsection (a)(2), is amended by striking ‘‘section 
2533a’’ and ‘‘section 2533b’’ in subsection (e)(2) and inserting 
‘‘section 4862’’ and ‘‘section 4863’’, respectively. 
(3) SECTION 3453.—Section 3453 of such title, as redesig-
nated by subsection (a)(2), is amended by striking ‘‘section 
2379’’ in subsection (d)(1) and inserting ‘‘section 3455’’. 
(4) SECTION 3455.—Section 3455 of such title, as redesig-
nated by subsection (a)(2), is amended by striking ‘‘section 
2306a’’ in subsection (c)(1) and inserting ‘‘chapter 271’’. 
(5) SECTION 3456.—Section 3456 of such title, as redesig-
nated by subsection (a)(2), is amended by striking ‘‘section 
2306a(b)(4)(B)’’ in subsection (b)(2)(B)(i) and inserting ‘‘section 
3703(d)(2)’’. 
(6) SECTION 3457.—Section 3457 of such title, as redesig-
nated by subsection (a)(2), is amended— 
(A) by striking ‘‘section 2376(1)’’ in subsections (a) and 
(b) and inserting ‘‘section 3451(1)’’; and 
(B) by striking ‘‘section 2302(9)’’ in subsections (a) and 
(b) and inserting ‘‘section 3014’’. 
(7) SECTION
INCORPORATED
INTO
SECTION
3457.—Such 
chapter is further amended—
H. R. 6395—809 
(A) by striking the heading of the final section of 
such chapter, as transferred by subsection (a); 
(B) in the text following such heading, by striking 
‘‘Notwithstanding section 2376(1)’’ and inserting ‘‘(c) 
COMMINGLED ITEMS PURCHASED BY CONTRACTORS.—Not-
withstanding section 3451(1)’’; and 
(C) in the table of sections at the beginning of the 
chapter, by striking the final item. 
SEC. 1822. MULTIYEAR CONTRACTS. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by striking chapter 249 and inserting the fol-
lowing: 
‘‘CHAPTER 249—MULTIYEAR CONTRACTS 
‘‘Subchapter Sec. 
‘‘I. Multiyear Contracts for Acquisition of Property ...........................................
3501 
‘‘II. Multiyear Contracts for Acquisition of Services ...........................................
3531 
‘‘III. Other Authorities Relating to Multiyear Contracts ...................................
3551 
‘‘SUBCHAPTER I—MULTIYEAR CONTRACTS FOR 
ACQUISITION OF PROPERTY 
‘‘Sec. 
‘‘3501. Multiyear contracts for acquisition of property: authority; definitions. 
‘‘3502. Multiyear contracts for acquisition of property: regulations. 
‘‘3503. Multiyear contracts for acquisition of property: contract cancellation or termi-
nation. 
‘‘3504. Multiyear contracts for acquisition of property: participation by subcontrac-
tors, vendors, and suppliers. 
‘‘3505. Multiyear contracts for acquisition of property: protection of existing author-
ity. 
‘‘3506. Department of Defense contracts: acquisition of weapon systems. 
‘‘3507. Department of Defense contracts: defense acquisitions specifically authorized 
by law. 
‘‘3508. Department of Defense contracts: notice to congressional committees before 
taking certain actions. 
‘‘3509. Department of Defense contracts: multiyear contracts with value in excess 
of $500,000,000. 
‘‘3510. Department of Defense contracts: additional matters with respect to 
multiyear defense contracts. 
‘‘3511. Increased funding and reprogramming requests.
H. R. 6395—810 
‘‘§ 3501. Multiyear contracts for acquisition of property: 
authority; definitions 
‘‘§ 3502. Multiyear contracts for acquisition of property: regu-
lations 
‘‘§ 3503. Multiyear contracts for acquisition of property: con-
tract cancellation or termination 
‘‘§ 3504. Multiyear contracts for acquisition of property: 
participation by subcontractors, vendors, and sup-
pliers 
‘‘§ 3505. Multiyear contracts for acquisition of property: 
protection of existing authority 
‘‘§ 3506. Department of defense contracts: acquisition of 
weapon systems 
‘‘§ 3507. Department of defense contracts: defense acquisi-
tions specifically authorized by law 
‘‘§ 3508. Department of defense contracts: notice to congres-
sional committees before taking certain actions 
‘‘§ 3509. Department of defense contracts: multiyear contracts 
with value in excess of $500,000,000 
‘‘§ 3510. Department of defense contracts: additional matters 
with respect to multiyear defense contracts 
‘‘§ 3511. Increased funding and reprogramming requests’’. 
(b) TRANSFER OF SUBSECTION (A) OF SECTION 2306B.— 
(1) TRANSFER.—Subsection (a) of section 2306b of title 10, 
United States Code, is transferred to section 3501 of such 
title, as added by subsection (a), and inserted after the section 
heading. 
(2) CONFORMING
CROSS-REFERENCE
AMENDMENT.—Para-
graph (7) of such subsection (a), as so transferred, is amended 
by striking ‘‘subparagraphs (C) through (F) of subsection (i)(3)’’ 
and inserting ‘‘paragraphs (3) through (6) of section 3507(c) 
of this title’’. 
(c) TRANSFER OF SUBSECTION (K) OF SECTION 2306B.— 
(1) TRANSFER.—Subsection (k) of section 2306b of title 10, 
United States Code, is transferred to section 3501 of such 
title, as added by subsection (a), and inserted after subsection 
(a), as transferred by subsection (b), and redesignated as sub-
section (b). 
(2) CONFORMING AMENDMENT.—Such subsection (b), as so 
transferred and redesignated, is amended by striking ‘‘this sec-
tion’’ and inserting ‘‘this subchapter’’. 
(d) TRANSFER OF SUBSECTION (B) OF SECTION 2306B.— 
(1) TRANSFER AND INTERNAL REDESIGNATIONS.—Subsection 
(b) of section 2306b of title 10, United States Code, is trans-
ferred to section 3502 of such title, as added by subsection 
(a), inserted after the section heading, and amended— 
(A) by striking the subsection designation and heading; 
and 
(B) by redesignating paragraphs (1) and (2) as sub-
sections (a) and (b), respectively.
H. R. 6395—811 
(2) AMENDMENTS TO NEW 3502(A).—Subsection (a) of such 
section, as so redesignated, is amended— 
(A) by inserting ‘‘REQUIREMENT.—’’ before ‘‘Each official 
named’’; 
(B) by striking ‘‘paragraph (2)’’ and inserting ‘‘sub-
section (b)’’; and 
(C) by striking ‘‘subsection (a)’’ and inserting ‘‘section 
3501 of this title’’. 
(3) AMENDMENTS TO NEW 3502(B).—Subsection (b) of such 
section, as so redesignated, is amended— 
(A) by striking ‘‘(A) The Secretary of Defense’’ and 
inserting ‘‘OFFICIALS SPECIFIED
TO PRESCRIBE REGULA-
TIONS.— 
‘‘(1) DEPARTMENT OF DEFENSE.—The Secretary of Defense’’; 
(B) by redesignating subparagraphs (B) and (C) as 
paragraphs (2) and (3), respectively, and realigning those 
paragraphs 2 ems to the right; 
(C) in paragraph (2), as so redesignated, by inserting 
‘‘COAST
GUARD.—’’ before ‘‘The Secretary of Homeland’’; 
and 
(D) in paragraph (3), as so redesignated, by inserting 
‘‘NASA.—’’ before ‘‘The Administrator of’’. 
(e) TRANSFER OF SUBSECTIONS (C), (F), AND (G) OF SECTION 
2306B.— 
(1) TRANSFER.—Subsections (c), (f), and (g) of section 2306b 
of title 10, United States Code, are transferred to section 3503 
of such title, as added by subsection (a), inserted (in that 
order) after the section heading, and redesignated as sub-
sections (a), (b), and (c), respectively. 
(2) AMENDMENT TO NEW 3503(A).—Subsection (a) of such 
section 3503, as transferred and redesignated by paragraph 
(1), is amended by inserting ‘‘under section 3502 of this title’’ 
after ‘‘The regulations’’. 
(3) AMENDMENT TO NEW 3503(B).—Subsection (b) of such 
section 3503, as transferred and redesignated by paragraph 
(1), is amended by striking ‘‘under this section’’ and inserting 
‘‘under this subchapter’’. 
(4) AMENDMENTS TO NEW 3503(C).—Subsection (c) of such 
section 3503, as transferred and redesignated by paragraph 
(1), is amended— 
(A) by striking ‘‘CEILINGS EXCEEDING’’ and all that 
follows through ‘‘Before any’’ and inserting ‘‘CEILINGS 
EXCEEDING $100,000,000.— 
‘‘(1) Before any’’; 
(B) by realigning paragraph (2) 2 ems to the right: 
(C) by striking ‘‘subsection (a)’’ in paragraphs (1) and 
(2) and inserting ‘‘section 3501(a) of this title’’; and 
(D) in paragraph (2), by striking ‘‘required by’’ and 
all that follows through ‘‘give written’’ and inserting 
‘‘required by section 3507(c) of this title, give written’’. 
(f) TRANSFER OF SUBSECTION (D) OF SECTION 2306B.— 
(1) TRANSFER.—Subsection (d) of section 2306b of title 10, 
United States Code, is transferred to section 3504 of such 
title, as added by subsection (a), inserted after the section 
heading, and amended by striking the subsection designation 
and heading.
H. R. 6395—812 
(2) AMENDMENTS TO NEW 3504.—Such section is further 
amended— 
(A) by inserting ‘‘under section 3502 of this title’’ after 
‘‘the regulations’’; and 
(B) in paragraph (1), by striking ‘‘subsection (a)’’ and 
inserting ‘‘section 3501(a) of this title’’. 
(g) TRANSFER OF SUBSECTION (E) OF SECTION 2306B.— 
(1) TRANSFER.—Subsection (e) of section 2306b of title 10, 
United States Code, is transferred to section 3505 of such 
title, as added by subsection (a), inserted after the section 
heading, and amended by striking the subsection designation 
and heading. 
(2) AMENDMENTS TO NEW 3505.—Such section is further 
amended— 
(A) by inserting ‘‘under section 3502 of this title’’ after 
‘‘The regulations’’; 
(B) by striking ‘‘this section’’ both places it appears 
and inserting ‘‘this subchapter’’; and 
(C) in paragraph (1), by striking ‘‘such a contract’’ 
and inserting ‘‘a contract under section 3501(a) of this 
title’’. 
(h) TRANSFER OF SUBSECTION (H) OF SECTION 2306B.— 
(1) TRANSFER.—Subsection (h) of section 2306b of title 10, 
United States Code, is transferred to section 3506 of such 
title, as added by subsection (a), inserted after the section 
heading, and amended by striking the subsection designation 
and heading. 
(2) AMENDMENTS TO NEW 3506.—Such section is further 
amended— 
(A) by striking ‘‘subsection (a)’’ and inserting ‘‘section 
3501(a) of this title’’; and 
(B) by striking ‘‘this section’’ and inserting ‘‘this sub-
chapter’’. 
(i) TRANSFER OF SUBSECTION (I) OF SECTION 2306B.— 
(1) TRANSFER.—Subsection (i) of section 2306b of title 10, 
United States Code, is transferred to section 3507 of such 
title, as added by subsection (a), inserted after the section 
heading, and amended by striking the subsection designation 
and heading. 
(2) INTERNAL
REDESIGNATIONS
AND
TRANSFERS.—Para-
graphs (1), (2), (3), (4), (5), (6), and (7) of such section 3507 
are redesignated as subsections (a), (b), (c), (f), (g), (d), and 
(e), respectively, and subsections (d) and (e), as so redesignated, 
are transferred within that section so as to appear after sub-
section (c), as so redesignated. 
(3) AMENDMENTS TO NEW 3507(A).—Subsection (a) of such 
section, as so redesignated, is amended— 
(A) by inserting ‘‘LIMITATION.—’’ before ‘‘In the case 
of’’; and 
(B) by striking ‘‘this section’’ and inserting ‘‘this sub-
chapter’’. 
(4) AMENDMENTS TO NEW 3507(B).—Subsection (b) of such 
section, as redesignated by paragraph (2), is amended— 
(A) by inserting ‘‘MATTERS TO BE INCLUDED IN REQUEST 
FOR AUTHORIZATION.—’’ before ‘‘In submitting’’; 
(B) by striking ‘‘this section’’ and inserting ‘‘this sub-
chapter’’;
H. R. 6395—813 
(C) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; 
(D) in paragraph (1), as so redesignated, by striking 
‘‘subsection (a)’’ and inserting ‘‘section 3501(a) of this title’’; 
and 
(E) in paragraph (2), as so redesignated, by striking 
‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’. 
(5) AMENDMENTS TO NEW 3507(C).—Subsection (c) of such 
section, as redesignated by paragraph (2), is amended— 
(A) by inserting ‘‘REQUIRED CERTIFICATION.—’’ before 
‘‘A multiyear contract’’; 
(B) by striking ‘‘this section’’ and inserting ‘‘this sub-
chapter’’; 
(C) by redesignating subparagraphs (A) through (G) 
as paragraphs (1) through (7), respectively; 
(D) in paragraph (1), as so redesignated, by striking 
‘‘subsection (a)’’ and inserting ‘‘section 3501(a) of this title’’; 
(E) in paragraph (2), as so redesignated, by striking 
‘‘section’’ and all that follows through ‘‘of this title’’ and 
inserting ‘‘section 3226(b) of this title’’; and 
(F) in paragraph (3), as so redesignated, by striking 
‘‘section 2433(d)’’ and inserting ‘‘section 4374’’. 
(6) AMENDMENTS TO NEW 3507(D).—Subsection (d) of such 
section, as redesignated and transferred by paragraph (2), is 
amended— 
(A) by inserting ‘‘AUTHORITY WHEN ONE
OR MORE 
CONDITIONS NOT MET.—’’ before ‘‘The Secretary may’’; 
(B) by striking ‘‘paragraph (3)’’ and inserting ‘‘sub-
section (c)’’; 
(C) by striking ‘‘not met, if the Secretary determines 
that’’ and inserting ‘‘not met, if— 
‘‘(1) the Secretary determines that’’; and 
(D) by striking ‘‘of Defense and the Secretary provides’’ 
and inserting ‘‘of Defense; and 
‘‘(2) the Secretary provides’’. 
(7) AMENDMENTS TO NEW 3507(E).—Subsection (e) of such 
section, as redesignated and transferred by paragraph (2), is 
amended— 
(A) by inserting ‘‘LIMITATION ON DELEGATION.—’’ before 
‘‘The Secretary may not’’; 
(B) by striking ‘‘paragraph (3)’’ and inserting ‘‘sub-
section (c)’’; and 
(C) by striking ‘‘paragraph (6)’’ and inserting ‘‘sub-
section (d)’’. 
(8) AMENDMENTS TO NEW 3507(F).—Subsection (f) of such 
section, as redesignated by paragraph (2), is amended— 
(A) by inserting ‘‘REQUESTS FOR RELIEF FROM SPECI-
FIED COST SAVINGS.—’’ before ‘‘If for any’’; and 
(B) by striking ‘‘this section’’ and inserting ‘‘this sub-
chapter’’. 
(9) AMENDMENTS TO NEW 3507(G).—Subsection (g) of such 
section, as redesignated by paragraph (2), is amended— 
(A) by striking ‘‘(A) The Secretary may’’ and inserting 
‘‘PROCUREMENT OF COMPLETE AND USABLE END ITEMS.— 
‘‘(1) IN GENERAL.—The Secretary may’’; 
(B) by redesignating subparagraph (B) as paragraph 
(2); and
H. R. 6395—814 
(C) in paragraph (2), as so redesignated— 
(i) by realigning the paragraph 2 ems to the right; 
and 
(ii) by inserting ‘‘LONG-LEAD ITEMS.—’’ before ‘‘The 
Secretary may’’. 
(j) TRANSFER OF SUBSECTION (L) OF SECTION 2306B.— 
(1) TRANSFER TO NEW SECTIONS 3508, 3509, AND 3510.— 
(A) TRANSFERS OF CERTAIN PARAGRAPHS OF 2306B TO 
NEW 3509.— 
(i) Paragraph (3) of subsection (l) of section 2306b 
of title 10, United States Code, is transferred to section 
3509 of such title, as added by subsection (a), inserted 
after the section heading, and redesignated as sub-
section (a). 
(ii) Such section 3509 is further amended by 
adding at the end the following: 
‘‘(b) REPORT REQUIRED BEFORE ENTERING INTO CONTRACT 
ABOVE THRESHOLD.—’’. 
(iii) Paragraph (5) of subsection (l) of such section 
2306b is transferred to section 3509 of such title, as 
added by subsection (a), inserted at the end of sub-
section (b), as added by clause (ii), and redesignated 
as paragraph (1). 
(iv) Paragraphs (4) and (9) of subsection (l) of 
such section 2306b are transferred to section 3509 
of such title, as added by subsection (a), inserted (in 
that order) after paragraph (1) of subsection (b), as 
transferred and redesignated by clause (iii), and 
redesignated as paragraphs (2) and (3), respectively. 
(B) TRANSFER OF CERTAIN PARAGRAPHS OF 2306B TO 
NEW 3510.—Paragraphs (2) and (7) of subsection (l) of such 
section 2306b are transferred to section 3510 of such title, 
as added by subsection (a), inserted after the section 
heading, and redesignated as subsection (b) and (c), respec-
tively. 
(C) TRANSFER OF REMAINING PARAGRAPHS OF 2306B TO 
NEW 3508.—Subsection (l) of such section 2306b (as amended 
by subparagraphs (A) and (B)) is transferred to section 
3508 of such title, as added by subsection (a), inserted 
after the section heading, and amended— 
(i) by striking the subsection designation and sub-
section heading; and 
(ii) by redesignating paragraphs (1), (6), and (8) 
as subsections (a), (b), and (c), respectively. 
(2) AMENDMENTS TO NEW 3508(A).—Subsection (a) of such 
section 3508, as transferred and redesignated by paragraph 
(1)(C), is amended— 
(A) by striking ‘‘(A) The head of an agency’’ and 
inserting ‘‘NOTICE
BEFORE
AWARD
OF
CERTAIN
CON-
TRACTS.— 
‘‘(1) REQUIRED NOTICE.—The head of an agency’’; 
(B) by striking ‘‘subparagraph (B)’’ and inserting ‘‘para-
graph (2)’’; 
(C) by redesignating subparagraph (B) as paragraph 
(2) and realigning that paragraph 2 ems to the right; 
and 
(D) in paragraph (2), as so redesignated—
H. R. 6395—815 
(i) by striking ‘‘subparagraph (A)’’ and inserting 
‘‘COVERED CONTRACTS.—Paragraph (1)’’; 
(ii) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B), respectively; and 
(iii) by redesignating subclauses (I) and (II) of 
subparagraph (A), as so redesignated, as clauses (i) 
and (ii), respectively. 
(3) AMENDMENT TO NEW 3508(B).—Subsection (b) of such 
section 3508, as transferred and redesignated by paragraph 
(1)(C), is amended by inserting ‘‘NOTICE BEFORE TERMINATING 
MULTIYEAR PROCUREMENT CONTRACT.—’’ before ‘‘The head of’’. 
(4) AMENDMENTS TO NEW 3508(C).—Subsection (c) of such 
section 3508, as transferred and redesignated by paragraph 
(1)(C), is amended by striking ‘‘This subsection does not’’ and 
inserting ‘‘INAPPLICABILITY TO NOAA AND COAST GUARD.—This 
section and sections 3509 and 3510 of this title do not’’. 
(5) AMENDMENT TO NEW 3509(A).—Subsection (a) of such 
section 3509, as transferred and redesignated by paragraph 
(1)(A)(i), is amended by inserting ‘‘LIMITATION.—’’ before ‘‘The 
head of’’. 
(6) AMENDMENTS TO NEW 3509(B).—Subsection (b) of such 
section 3509, as designated and amended by clauses (ii), (iii), 
and (iv) of paragraph (1)(A), is amended— 
(A) in paragraph (1)— 
(i) by inserting ‘‘IN GENERAL.—’’ before ‘‘The head 
of’’; and 
(ii) by striking ‘‘paragraph (4)’’ and inserting ‘‘para-
graph (2)’’; 
(B) in paragraph (2), by striking ‘‘Each report required 
by paragraph (5)’’ and inserting ‘‘MATTER TO BE INCLUDED 
IN REPORT.—Each report required by paragraph (1)’’; and 
(C) in paragraph (3), by inserting ‘‘DEFINITIONS.—’’ 
before ‘‘In this’’. 
(7) AMENDMENT TO NEW 3510(B).—Subsection (b) of such 
section 3510, as transferred and redesignated by paragraph 
(1)(B), is amended by inserting ‘‘FUNDING FOR ECONOMIC ORDER 
QUANTITY ADVANCE PROCUREMENT.—’’ before ‘‘The head of’’. 
(8) AMENDMENT TO NEW 3510(C).—Subsection (c) of such 
section 3510, as transferred and redesignated by paragraph 
(1)(B), is amended by inserting ‘‘USE OF PRESENT VALUE ANAL-
YSIS.—’’ before ‘‘The execution of’’. 
(k) TRANSFER OF SUBSECTION (J) OF SECTION 2306B TO NEW 
3510.—Subsection (j) of section 2306b of title 10, United States 
Code, is transferred to section 3510 of such title, as added by 
subsection (a), inserted after the section heading, redesignated as 
subsection (a), and amended by striking the first word of the sub-
section heading. 
(l) TRANSFER OF SUBSECTION (M) OF SECTION 2306B TO NEW 
3511.—Subsection (m) of section 2306b of title 10, United States 
Code, is transferred to section 3511 of such title, as added by 
subsection (a), inserted after the section heading, and amended— 
(1) by striking the subsection designation and subsection 
heading; 
(2) by striking ‘‘this section’’ and inserting ‘‘this sub-
chapter’’; and 
(3) by striking ‘‘subsection (i)’’ and inserting ‘‘section 3507 
of this title’’.
H. R. 6395—816 
(m) NEW SUBCHAPTER.—Chapter 249 of title 10, United States 
Code, as amended by subsection (a), is amended by adding at 
the end the following new subchapter: 
‘‘SUBCHAPTER II—MULTIYEAR CONTRACTS FOR 
ACQUISITION OF SERVICES 
‘‘Sec. 
‘‘3531. Multiyear contracts for acquisition of services: authority; definitions. 
‘‘3532. Multiyear contracts for acquisition of services: applicable principles. 
‘‘3533. Multiyear contracts for acquisition of services: contract cancellation or termi-
nation. 
‘‘3534. Multiyear contracts for acquisition of services: contracts with value above 
$500,000,000 to be specifically authorized by law. 
‘‘3535. Multiyear contracts for acquisition of services: notice to congressional com-
mittees before taking certain actions. 
‘‘§ 3531. Multiyear contracts for acquisition of services: 
authority; definitions 
‘‘§ 3532. Multiyear contracts for acquisition of services: 
applicable principles 
‘‘§ 3533. Multiyear contracts for acquisition of services: con-
tract cancellation or termination 
‘‘§ 3534. Multiyear contracts for acquisition of services: con-
tracts with value above $500,000,000 to be specifi-
cally authorized by law 
‘‘§ 3535. Multiyear contracts for acquisition of services: notice 
to congressional committees before taking certain 
actions’’. 
(n) TRANSFER OF SUBSECTIONS (A), (B), (F), AND (H) OF SECTION 
2306C.— 
(1) TRANSFER.—Subsections (a), (b), (f), and (h) of section 
2306c of title 10, United States Code, are transferred to section 
3531 of such title, as added by subsection (n), and inserted 
(in that order) after the section heading, and subsections (f) 
and (h) are redesignated as subsections (c) and (d), respectively. 
(2) AMENDMENT TO NEW 3531(A).—Subsection (a) of such 
section 3531, as so transferred, is amended by striking ‘‘sub-
sections (d) and (e)’’ and inserting ‘‘sections 3533 and 3534 
of this title’’. 
(3) AMENDMENT TO NEW 3531(C) & (D).—Subsections (c) and 
(d) of such section 3531, as so transferred and redesignated, 
are each amended by striking ‘‘this section’’ and inserting ‘‘this 
subchapter’’. 
(o) TRANSFER
OF SUBSECTION (C) OF SECTION 2306C.—Sub-
section (c) of section 2306c of title 10, United States Code, is 
transferred to section 3532 of such title, as added by subsection 
(m), inserted after the section heading, and amended— 
(1) by striking the subsection designation and subsection 
heading; and 
(2) by striking ‘‘this section’’ and inserting ‘‘this sub-
chapter’’. 
(p) TRANSFER
OF SUBSECTION (E) OF SECTION 2306C.—Sub-
section (e) of section 2306c of title 10, United States Code, is 
transferred to section 3533 of such title, as added by subsection 
(m), inserted after the section heading, and redesignated as sub-
section (a).
H. R. 6395—817 
(q) TRANSFER OF PARAGRAPHS (4) & (5) OF SUBSECTION (D) 
OF SECTION 2306C.— 
(1) INSERTION OF SUBSECTION (B) DESIGNATION.—Such sec-
tion 3533 is further amended by adding at the end the following: 
‘‘(b) 
CONTRACT
CANCELLATION
CEILINGS
EXCEEDING 
$100,000,000.—’’. 
(2) TRANSFER AND REDESIGNATION OF PARAGRAPHS.—Para-
graphs (4) and (5) of subsection (d) of section 2306c of title 
10, United States Code, are transferred to such section 3533 
of such title, inserted at the end of subsection (b), as added 
by paragraph (1), and redesignated as paragraphs (1) and (2), 
respectively. 
(3) AMENDMENT TO NEW 3533(B)(1).—Paragraph (1) of such 
subsection (b), as so transferred and redesignated, is amended 
by striking ‘‘subsection (a)’’ and inserting ‘‘sections 3531(a) of 
this title’’. 
(4) AMENDMENT TO NEW 3533(B)(2).—Paragraph (2) of such 
subsection (b), as so transferred and redesignated, is amended— 
(A) by striking ‘‘subsection (a)’’ and inserting ‘‘sections 
3531(a) of this title’’; and 
(B) by striking ‘‘paragraph (4)’’ and inserting ‘‘para-
graph (1)’’. 
(r) TRANSFER OF PARAGRAPH (2) OF SUBSECTION (D) OF SECTION 
2306C.—Paragraph (2) of subsection (d) of such section 2306c is 
transferred to section 3534 of such title, as added by subsection 
(m), inserted after the section heading, and amended— 
(1) by striking the paragraph designation; and 
(2) by striking ‘‘this section’’ and inserting ‘‘this sub-
chapter’’. 
(s) TRANSFER OF REMAINDER OF SUBSECTION (D) OF SECTION 
2306C.— 
(1) TRANSFER.—Subsection (d) of such section 2306c (as 
amended by subsections (r) and (s)) is transferred to section 
3535 of such title, as added by subsection (m), inserted after 
the section heading, and amended— 
(A) by striking the subsection designation and sub-
section heading; and 
(B) by redesignating paragraphs (1) and (3) as sub-
sections (a) and (b), respectively. 
(2) AMENDMENTS TO NEW 3535(A).—Subsection (a) of such 
section 3535, as so transferred and redesignated, is amended— 
(A) by inserting ‘‘NOTICE BEFORE AWARD OF CERTAIN 
CONTRACTS.—’’ before ‘‘The head of an agency’’; and 
(B) by striking ‘‘this section’’ and inserting ‘‘this sub-
chapter’’. 
(3) AMENDMENT TO NEW 3535(B).—Subsection (b) of such 
section 3535, as so transferred and redesignated, is amended 
by 
inserting 
‘‘NOTICE
BEFORE
TERMINATING
MULTIYEAR 
PROCUREMENT CONTRACT FOR SERVICES.—’’ before ‘‘The head 
of an agency’’. 
(t) OTHER AUTHORITIES.— 
(1) NEW
SUBCHAPTER.—Chapter 249 of title 10, United 
States Code, as amended by this section, is further amended 
by adding at the end the following new subchapter:
H. R. 6395—818 
‘‘SUBCHAPTER III—OTHER AUTHORITIES RELATING TO 
MULTIYEAR CONTRACTS 
‘‘Sec. 
‘‘3551. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydra-
zine, and hydrazine-related products.’’. 
(2) TRANSFER
OF
SECTION
2410O.—Section 2410o of title 
10, United States Code, is transferred to subchapter III of 
chapter 249 of such title, as added by paragraph (1), inserted 
after the table of sections, and redesignated as section 3551. 
SEC. 1823. SIMPLIFIED ACQUISITION PROCEDURES. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by striking chapter 251 and inserting the fol-
lowing: 
‘‘CHAPTER 251—SIMPLIFIED ACQUISITION 
PROCEDURES 
‘‘Sec. 
‘‘3571. Simplified acquisition threshold. 
‘‘3572. Implementation of simplified acquisition procedures. 
‘‘3573. Micro-purchase threshold.’’. 
(b) TRANSFER OF SECTIONS.—Section 2302a, 2302b, and 2338 
of title 10, United States Code, are transferred to chapter 251 
of such title, as amended by subsection (a), inserted (in that order) 
after the table of sections, and redesignated as sections 3571, 3572, 
and 3573, respectively. 
(c) CONFORMING CROSS-REFERENCE AMENDMENTS.— 
(1) Section 3571 of such title, as so transferred and redesig-
nated, is amended by striking ‘‘section 2303’’ in subsection 
(a) and inserting ‘‘section 3063’’. 
(2) Section 3572 of such title, as so transferred and redesig-
nated, is amended by striking ‘‘section 2303(a)’’ and inserting 
‘‘section 3063’’. 
SEC. 1824. RAPID ACQUISITION PROCEDURES. 
(a) REVISED CHAPTER OUTLINE.—Part V of subtitle A of title 
10, United States Code, as added by section 801 of the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019 
(Public Law 115–232), is amended by striking chapter 253 and 
inserting the following: 
‘‘CHAPTER 253—RAPID ACQUISITION PROCEDURES 
‘‘Subchapter
Sec.
‘‘I. øReserved¿ ........................................................................................................ 3601
‘‘II. øReserved¿ ....................................................................................................... 3611’’. 
(b) CLERICAL AMENDMENTS.—The tables of chapters at the 
beginning of subtitle A, and at the beginning of part V of subtitle 
A, of title 10, United States Code, are amended by striking the 
item relating to chapter 253 and inserting the following new item: 
‘‘253. Rapid Acquisition Procedures ..................................................................... 3601’’. 
SEC. 1825. CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VES-
SELS, AIRCRAFT, AND COMBAT VEHICLES. 
(a) NEW CHAPTERS.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National
H. R. 6395—819 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by inserting after chapter 255 the following new 
chapters: 
‘‘CHAPTER 257—CONTRACTS FOR LONG-TERM LEASE OR 
CHARTER OF VESSELS, AIRCRAFT, AND COMBAT VE-
HICLES 
‘‘Sec. 
‘‘3671. Requirement for authorization by law of certain contracts relating to vessels, 
aircraft, and combat vehicles. 
‘‘3672. Requirement of specific authorization by law for appropriation, and for obli-
gation and expenditure, of funds for certain contracts relating to air-
craft, naval vessels, and combat vehicles. 
‘‘3673. Limitation on indemnification. 
‘‘3674. Long-term lease or charter defined; substantial termination liability. 
‘‘3675. Capital lease or lease-purchase treated as an acquisition. 
‘‘3676. Guidelines. 
‘‘3677. Contracts for lease or use of vessels for a term of greater than two years but 
less than five years: prior notice to congressional committees. 
‘‘3678. Contracts with terms of 18 months or more: limitation. 
‘‘§ 3671. Requirement for authorization by law of certain con-
tracts relating to vessels, aircraft, and combat 
vehicles 
‘‘§ 3672. Requirement of specific authorization by law for 
appropriation, and for obligation and expenditure, 
of funds for certain contracts relating to aircraft, 
naval vessels, and combat vehicles 
‘‘§ 3673. Limitation on indemnification 
‘‘§ 3674. Long-term lease or charter defined; substantial 
termination liability 
‘‘§ 3675. Capital lease or lease-purchase treated as an acquisi-
tion 
‘‘§ 3676. Guidelines 
‘‘§ 3677. Contracts for lease or use of vessels for a term of 
greater than two years but less than five years: 
prior notice to congressional committees 
‘‘§ 3678. Contracts with terms of 18 months or more: limita-
tion 
‘‘CHAPTER 258—OTHER TYPES OF CONTRACTS USED 
FOR PROCUREMENTS FOR PARTICULAR PURPOSES 
‘‘Sec. 
‘‘3681. Leasing of commercial vehicles and equipment. 
‘‘§ 3681. Leasing of commercial vehicles and equipment’’. 
(b) TRANSFER OF SUBSECTIONS (A) AND (B) OF SECTION 2401.— 
Subsections (a) and (b) of section 2401 of title 10, United States 
Code, are transferred to section 3671 of such title, as added by 
subsection (a), and inserted after the section heading. 
(c) TRANSFER OF SUBSECTION (C)(2) OF SECTION 2401.—Para-
graph (2) of subsection (c) of such section 2401 is transferred to 
section 3673 of such title, as added by subsection (a), inserted 
after the section heading, and amended— 
(1) by striking the paragraph designation;
H. R. 6395—820 
(2) by striking ‘‘this section’’ and inserting ‘‘this chapter’’; 
and 
(3) by redesignating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively. 
(d) TRANSFER OF SUBSECTION (C)(1) OF SECTION 2401.—Sub-
section (c) of such section 2401 (as amended by subsection (c)), 
is transferred to section 3672 of such title, as added by subsection 
(a), inserted after the section heading, redesignated as subsection 
(a), and amended— 
(1) by striking ‘‘(1) Funds may not’’ and inserting ‘‘LIMITA-
TION.—Funds may not’’; and 
(2) by redesignating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively. 
(e) TRANSFER OF SUBSECTION (E) OF SECTION 2401.—Subsection 
(e) of section 2401 of such title, is transferred to section 3672 
of such title, as added by subsection (a), inserted after subsection 
(a), as transferred and redesignated by subsection (d), redesignated 
as subsection (b), and amended— 
(1) by striking ‘‘(1) Whenever a request’’ and inserting 
‘‘MATTER TO BE SUBMITTED TO CONGRESS.—(1) Whenever a 
request’’; 
(2) in paragraph (2), by striking ‘‘subsection (g)’’ and 
inserting ‘‘section 3676 of this title’’; and 
(3) in paragraph (3), by striking ‘‘this section’’ and inserting 
‘‘this chapter’’. 
(f) TRANSFER OF SUBSECTION (D) OF SECTION 2401.— 
(1) TRANSFER.—Subsection (d) of section 2401 of such title 
is transferred to section 3674 of such title, as added by sub-
section (a), inserted after the section heading, and amended— 
(A) by striking the subsection designation; and 
(B) by redesignating paragraphs (1) and (2) as sub-
sections (a) and (b), respectively. 
(2) AMENDMENTS TO NEW 3674(A).—Subsection (a) of such 
section 3674, as so redesignated, is amended— 
(A) by striking ‘‘(A) In this section’’ and inserting 
‘‘LONG-TERM LEASE OR CHARTER.— 
‘‘(1) GENERAL RULE.— 
‘‘(A) In this chapter’’; 
(B) by striking ‘‘subparagraph (B)’’ and inserting ‘‘para-
graph (2)’’; and 
(C) by redesignating subparagraph (B) as paragraph 
(2); 
(D) by designating the sentence after clause (ii) of 
subparagraph (A) as subparagraph (B); and 
(E) in paragraph (2), as redesignated by subparagraph 
(C)— 
(i) by striking ‘‘In the case of’’ and inserting ‘‘SPE-
CIAL RULE.— 
‘‘(A) In the case of’’; and 
(ii) by designating the sentence after clause (ii) 
of subparagraph (A) as subparagraph (B). 
(3) AMENDMENTS TO NEW 3674(B).—Subsection (b) of such 
section 3674, as so redesignated, is amended— 
(A) 
by 
inserting 
‘‘SUBSTANTIAL
TERMINATION 
LIABILITY.—’’ before ‘‘For the purposes of’’; 
(B) by striking ‘‘this section’’ and inserting ‘‘this 
chapter’’;
H. R. 6395—821 
(C) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; and 
(D) in paragraph (2), as so redesignated, by redesig-
nating clauses (i) and (ii) as subparagraphs (A) and (B), 
respectively. 
(g) TRANSFER OF SUBSECTION (F) OF SECTION 2401.— 
(1) TRANSFER.—Subsection (f) of section 2401 of such title 
is transferred to section 3675 of such title, as added by sub-
section (a), inserted after the section heading, and amended— 
(A) by striking the subsection designation; and 
(B) by redesignating paragraphs (1) and (2) as sub-
sections (a) and (b), respectively. 
(2) AMENDMENTS TO NEW 3675(A).—Subsection (a) of such 
section 3675, as so redesignated, is amended— 
(A) inserting ‘‘IN GENERAL.—’’ before ‘‘If a lease or 
charter’’; 
(B) by striking ‘‘this section’’ and inserting ‘‘this 
chapter’’; and 
(C) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively. 
(3) AMENDMENTS TO NEW 3675(B).—Subsection (b) of such 
section 3675, as so redesignated, is amended by striking ‘‘In 
this subsection’’ and inserting ‘‘DEFINITIONS.—In this section’’. 
(h) TRANSFER OF SUBSECTION (G) OF SECTION 2401.—Subsection 
(g) of section 2401 of such title is transferred to section 3676 
of such title, as added by subsection (a), inserted after the section 
heading, and amended by striking the subsection designation. 
(i) TRANSFER OF SUBSECTION (H) OF SECTION 2401.—Subsection 
(h) of section 2401 of such title is transferred to section 3677 
of such title, as added by subsection (a), inserted after the section 
heading, and amended by striking the subsection designation. 
(j) TRANSFER OF SUBSECTION (B) OF SECTION 2401A.—Subsection 
(b) of section 2401a of such title is transferred to section 3678 
of such title, as added by subsection (a), inserted after the section 
heading, and amended by striking the subsection designation and 
subsection heading. 
(k) TRANSFER
OF SUBSECTION (A) OF SECTION 2401A.—Sub-
section (a) of section 2401a of such title is transferred to section 
3681 of such title, as added by subsection (a), inserted after the 
section heading, and amended by striking the subsection designa-
tion and subsection heading. 
(l) TABLES OF CHAPTERS AMENDMENTS.—The tables of chapters 
at the beginning of subtitle A, and at the beginning of part V 
of subtitle A, of title 10, United States Code, are amended by 
inserting after the item relating to chapter 255 the following new 
items: 
‘‘257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat’’. 
Subtitle D—General Contracting 
Provisions 
SEC. 1831. COST OR PRICING DATA. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
H. R. 6395—822 
232), is amended by striking chapter 271 and inserting the fol-
lowing: 
‘‘CHAPTER 271—TRUTHFUL COST OR PRICING DATA 
(TRUTH IN NEGOTIATIONS) 
‘‘Sec. 
‘‘3701. Definitions. 
‘‘3702. Required cost or pricing data and certification. 
‘‘3703. Exceptions. 
‘‘3704. Cost or pricing data on below-threshold contracts. 
‘‘3705. Submission of other information. 
‘‘3706. Price reductions for defective cost or pricing data. 
‘‘3707. Interest and penalties for certain overpayments. 
‘‘3708. Right to examine contractor records. 
‘‘§ 3701. Definitions 
‘‘§ 3702. Required cost or pricing data and certification 
‘‘§ 3703. Exceptions 
‘‘§ 3704. Cost or pricing data on below-threshold contracts 
‘‘§ 3705. Submission of other information 
‘‘§ 3706. Price reductions for defective cost or pricing data 
‘‘§ 3707. Interest and penalties for certain overpayments 
‘‘§ 3708. Right to examine contractor records’’. 
(b) TRANSFER
OF SUBSECTION (H) OF SECTION 2306A.—Sub-
section (h) of section 2306a of title 10, United States Code, is 
transferred to section 3701 of such title, as added by subsection 
(a), inserted after the section heading, redesignated as subsection 
(a), and amended— 
(1) by striking ‘‘this section’’ and inserting ‘‘this chapter’’; 
and 
(2) in paragraph (1), by striking ‘‘subsection (e)(1)(B)’’ and 
inserting ‘‘section 3706(a)(2) of this title’’. 
(c) TRANSFER OF SUBSECTION (A) OF SECTION 2306A.— 
(1) TRANSFER.—Subsection (a) of section 2306a of title 10, 
United States Code, is transferred to section 3702 of such 
title, as added by subsection (a), inserted after the section 
heading, and amended by redesignating paragraphs (2) through 
(7) as subsections (b) through (g), respectively. 
(2) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION 
OF HEADINGS IN NEW 3702(A).—Such subsection (a), as so trans-
ferred and amended, is amended— 
(A) by striking ‘‘REQUIRED COST OR PRICING DATA AND 
CERTIFICATION.—(1) the head of’’ and inserting ‘‘WHEN 
REQUIRED.—The head of’’; 
(B) by redesignating subparagraphs (A), (B), (C), and 
(D) as paragraphs (1), (2), (3), and (4), respectively; 
(C) in paragraph (1), as so redesignated— 
(i) by inserting ‘‘OFFEROR FOR PRIME CONTRACT.— 
’’ before ‘‘An offeror’’; and 
(ii) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B), respectively; 
(D) in paragraph (2), as so redesignated— 
(i) by inserting ‘‘CONTRACTOR.—’’ before ‘‘The con-
tractor’’;
H. R. 6395—823 
(ii) by redesignating clauses (i), (ii), and (iii) as 
subparagraphs (A), (B), and (C), respectively; 
(iii) in subparagraph (A), as so redesignated, by 
striking ‘‘subparagraph (A)(i)’’ and inserting ‘‘para-
graph (1)(A)’’; 
(iv) in subparagraph (B), as so redesignated, by 
striking ‘‘paragraph (6)’’ and inserting ‘‘subsection (f)’’; 
and 
(v) in subparagraph (C), as so redesignated, by 
striking ‘‘clause (i) or (ii)’’ and inserting ‘‘subparagraph 
(A) or (B)’’; 
(E) in paragraph (3), as so redesignated— 
(i) by inserting ‘‘OFFEROR FOR SUBCONTRACT.—’’ 
before ‘‘An offeror’’; 
(ii) by redesignating clauses (i), (ii), and (iii) as 
subparagraphs (A), (B), and (C), respectively; 
(iii) in subparagraph (A), as so redesignated, by 
striking ‘‘subparagraph (A)(i)’’ and inserting ‘‘para-
graph (1)(A)’’; 
(iv) in subparagraph (B), as so redesignated, by 
striking ‘‘paragraph (6)’’ and inserting ‘‘subsection (f)’’; 
and 
(v) in subparagraph (C), as so redesignated, by 
striking ‘‘clause (i) or (ii)’’ and inserting ‘‘subparagraph 
(A) or (B)’’; and 
(F) in paragraph (4), as so redesignated— 
(i) by inserting ‘‘SUBCONTRACTOR.—’’ before ‘‘The 
subcontractor’’; 
(ii) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B), respectively; 
(iii) in the matter preceding subparagraph (A), 
as so redesignated, by striking ‘‘subparagraph (C)’’ and 
inserting ‘‘paragraph (3)’’; 
(iv) in subparagraph (A), as so redesignated, by 
striking ‘‘subparagraph (C)(i)’’ and inserting ‘‘para-
graph (3)(A)’’; and 
(v) in subparagraph (B), as so redesignated, by 
striking ‘‘subparagraph (C)(iii)’’ and inserting ‘‘para-
graph (3)(C)’’. 
(3) CONFORMING AMENDMENTS IN NEW SECTION 3702(A) TO 
REFERENCES TO CHAPTER 137.—Such subsection (a) is further 
amended by striking ‘‘a prime contract under this chapter’’ 
each place it appears and inserting ‘‘a prime contract under 
a chapter 137 legacy provision’’. 
(4) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION 
OF HEADING IN NEW 3702(B).—Subsection (b) of section 3702, 
as transferred and redesignated by paragraph (1), is amended— 
(A) by inserting ‘‘CERTFICATION.—’’ before ‘‘A person 
required’’; 
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’; and 
(C) by striking ‘‘subsection (c)’’ and inserting ‘‘section 
3704 of this title’’. 
(5) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION 
OF HEADING IN NEW 3702(C).—Subsection (c) of section 3702, 
as transferred and redesignated by paragraph (1), is amended—
H. R. 6395—824 
(A) by inserting ‘‘TO WHOM SUBMITTED.—’’ before ‘‘Cost 
or pricing data’’; 
(B) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; and 
(C) in the matter preceding paragraph (1), as so 
redesignated— 
(i) by striking ‘‘paragraph (1) (or under subsection 
(c))’’ and inserting ‘‘subsection (a) (or under section 
3704 of this title)’’; and 
(ii) by striking ‘‘paragraph (2)’’ and inserting ‘‘sub-
section (b)’’. 
(6) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION 
OF HEADING IN NEW 3702(D).—Subsection (d) of section 3702, 
as transferred and redesignated by paragraph (1), is amended— 
(A) by inserting ‘‘APPLICABILITY OF CHAPTER.—’’ before 
‘‘Except as provided under’’; and 
(B) by striking ‘‘subsection (b)’’ and inserting ‘‘section 
3703 of this title’’. 
(7) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION 
OF HEADING IN NEW 3702(E).—Subsection (e) of section 3702, 
as transferred and redesignated by paragraph (1), is amended— 
(A) by inserting ‘‘SUBCONTRACTS NOT AFFECTED
BY 
WAIVER.—’’ before ‘‘A waiver of’’; 
(B) by striking ‘‘subsection (b)(1)(C)’’ and inserting ‘‘sec-
tion 3703(a)(3) of this title’’; 
(C) by striking ‘‘paragraph (1)(C)’’ and inserting ‘‘sub-
section (a)(3)’’; and 
(D) by striking ‘‘that paragraph’’ and inserting ‘‘that 
subsection’’. 
(8) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION 
OF HEADING IN NEW 3702(F).—Subsection (f) of section 3702, 
as transferred and redesignated by paragraph (1), is amended— 
(A) by inserting ‘‘MODIFICATIONS
TO
PRIOR
CON-
TRACTS.—’’ before ‘‘Upon the request of’’; 
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’; 
(C) by striking ‘‘that paragraph’’ and inserting ‘‘that 
subsection’’; and 
(D) by striking ‘‘subparagraphs (B)(ii) and (C)(ii) of 
paragraph (1)’’ and inserting ‘‘paragraphs (2)(B) and (3)(B) 
of subsection (a)’’. 
(9) CONFORMING INTERNAL REDESIGNATIONS AND INSERTION 
OF HEADING IN NEW 3702(G).—Subsection (g) of section 3702, 
as transferred and redesignated by paragraph (1), is amended— 
(A) by inserting ‘‘ADJUSTMENT OF AMOUNTS.—’’ before 
‘‘Effective on’’; and 
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’. 
(d) TRANSFER OF SUBSECTION (B) OF SECTION 2306A.— 
(1) TRANSFER.—Subsection (b) of section 2306a of title 10, 
United States Code, is transferred to section 3703 of such 
title, as added by subsection (a), inserted after the section 
heading, and amended— 
(A) by striking the subsection designation and sub-
section heading; and
H. R. 6395—825 
(B) by redesignating paragraphs (1) through (6) as 
subsections (a) through (f), respectively, and realigning 
those subsections flush to the left margin. 
(2) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3703(A).—Subsection (a) of such section 3703, as so transferred 
and redesignated by paragraph (1), is amended— 
(A) by redesignating subparagraphs (A), (B), (C), and 
(D) as paragraphs (1), (2), (3), and (4), respectively; 
(B) in the matter preceding paragraph (1), as so 
redesignated, by striking ‘‘under subsection (a)’’ and 
inserting ‘‘under section 3702 of this title’’; 
(C) in paragraph (1), as so redesignated, by redesig-
nating clauses (i) and (ii) as subparagraphs (A) and (B), 
respectively; and 
(D) in paragraph (3), as so redesignated, by striking 
‘‘this section’’ and inserting ‘‘this chapter’’; and 
(E) in paragraph (4), as so redesignated, by redesig-
nating clauses (i) and (ii) as subparagraphs (A) and (B), 
respectively. 
(3) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3703(B).—Subsection (b) of such section 3703, as so transferred 
and redesignated by paragraph (1), is amended— 
(A) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; 
(B) in the matter preceding paragraph (1), as so 
redesignated— 
(i) by striking ‘‘paragraph (1)(A) or (1)(B)’’ and 
inserting ‘‘paragraph (1) or (2) of subsection (a)’’; and 
(ii) by striking ‘‘subsection (a)’’ and inserting ‘‘sec-
tion 3702 of this title’’; and 
(C) in paragraph (1), as so redesignated, by striking 
‘‘paragraph (1)(A) or (1)(B)’’ and inserting ‘‘paragraph (1) 
or (2) of subsection (a)’’. 
(4) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3703(C).—Subsection (c) of such section 3703, as so transferred 
and redesignated by paragraph (1), is amended— 
(A) by redesignating subparagraphs (A), (B), and (C) 
as paragraphs (1), (2), and (3), respectively; 
(B) in paragraph (1), as so redesignated— 
(i) by striking ‘‘paragraph (1)(B)’’ and inserting 
‘‘subsection (a)(2)’’; 
(ii) 
by 
striking 
‘‘subsection 
(a)(1)(A)(i)’’ 
and 
inserting ‘‘section 3702(a)(1)(A) of this title’’; and 
(iii) by striking ‘‘subsection (a)(7)’’ and inserting 
‘‘section 3702(g) of this title’’; 
(C) in paragraph (2), as so redesignated, by striking 
‘‘this paragraph’’ and inserting ‘‘this subsection’’; and 
(D) in paragraph (3), as so redesignated— 
(i) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B), respectively; 
(ii) in the matter preceding subparagraph (A), as 
so redesignated, by striking ‘‘subparagraph (A)’’ and 
inserting ‘‘paragraph (1)’’; and 
(ii) in subparagraph (A), as so redesignated, by 
striking ‘‘subparagraph (A) or (C) of paragraph (1)’’ 
and inserting ‘‘paragraph (1) or (3) of subsection (a)’’.
H. R. 6395—826 
(5) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3703(D).—Subsection (d) of such section 3703, as so transferred 
and redesignated by paragraph (1), is amended— 
(A) by redesignating subparagraphs (A), (B), and (C) 
as paragraphs (1), (2), and (3), respectively; 
(B) in paragraph (1), as so redesignated, by striking 
‘‘paragraph (1)(B)’’ and inserting ‘‘subsection (a)(2)’’; 
(C) in paragraph (2), as so redesignated, by striking 
‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’; and 
(D) in paragraph (3), as so redesignated— 
(i) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B), respectively; and 
(ii) in the matter preceding subparagraph (A), as 
so redesignated, by striking ‘‘subparagraph (B)’’ and 
inserting ‘‘paragraph (2)’’. 
(6) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3703(F).—Subsection (f) of such section 3703, as so transferred 
and redesignated by paragraph (1), is amended— 
(A) by striking ‘‘subsection (a)’’ and inserting ‘‘section 
3702 of this title’’; and 
(B) by striking ‘‘paragraph (1)(A)’’ and inserting ‘‘sub-
section (a)(1)’’. 
(e) TRANSFER OF SUBSECTION (C) OF SECTION 2306A.— 
(1) TRANSFER.—Subsection (c) of section 2306a of title 10, 
United States Code, is transferred to section 3704 of such 
title, as added by subsection (a), inserted after the section 
heading, and amended— 
(A) by striking the subsection designation and sub-
section heading; and 
(B) by redesignating paragraphs (1), (2), and (3) as 
subsections (a), (b), and (c), respectively, and realigning 
those subsections flush to the left margin. 
(2) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3704(A).—Subsection (a) of such section 3704, as so transferred 
and redesignated, is amended— 
(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘sub-
section (b)’’; 
(B) by striking ‘‘subsection (a)’’ and inserting ‘‘section 
3702 of this title’’; and 
(C) by striking ‘‘under this subsection’’ and inserting 
‘‘under this section’’. 
(3) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3704(B).—Subsection (b) of such section 3704, as so transferred 
and redesignated, is amended— 
(A) by striking ‘‘under this paragraph’’ and inserting 
‘‘under this subsection’’; and 
(B) by striking ‘‘subparagraph (A) or (B) of subsection 
(b)(1)’’ and inserting ‘‘paragraph (1) or (2) of section 3703(a) 
of this title’’. 
(4) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3704(C).—Subsection (c) of such section 3704, as so transferred 
and redesignated, is amended by striking ‘‘under this para-
graph’’ and inserting ‘‘under this subsection’’. 
(f) TRANSFER OF SUBSECTION (D) OF SECTION 2306A.— 
(1) TRANSFER.—Subsection (d) of section 2306a of title 10, 
United States Code, is transferred to section 3705 of such
H. R. 6395—827 
title, as added by subsection (a), inserted after the section 
heading, and amended— 
(A) by striking the subsection designation and sub-
section heading; and 
(B) by redesignating paragraphs (1), (2), and (3) as 
subsections (a), (b), and (c), respectively, and realigning 
those subsections flush to the left margin. 
(2) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3705(A).—Subsection (a) of such section 3705, as so transferred 
and redesignated, is amended— 
(A) by striking ‘‘under this section’’ and inserting 
‘‘under this chapter’’; and 
(A) by striking ‘‘subsection (b)(1)(A)’’ and inserting ‘‘sec-
tion 3703(a)(1) of this title’’. 
(3) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3705(B).—Subsection (b) of such section 3705, as so transferred 
and redesignated, is amended— 
(A) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; 
(B) in paragraph (1), as so redesignated— 
(i) by redesignating clauses (i) through (vi) as sub-
paragraphs (A) through (F), respectively; and 
(ii) in the matter preceding subparagraph (A), as 
so redesignated, by striking ‘‘paragraph (1)’’ and 
inserting ‘‘subsection (a)’’; and 
(C) in paragraph (2), as so redesignated— 
(i) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B), respectively; and 
(ii) in subparagraph (A), as so redesignated, by 
striking ‘‘subparagraph (A)’’ and inserting ‘‘paragraph 
(1)’’. 
(4) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3705(C).—Subsection (c) of such section 3705, as so transferred 
and redesignated, is amended— 
(A) by redesignating subparagraphs (A), (B), and (C) 
as paragraphs (1), (2), and (3), respectively; and 
(B) in the matter preceding paragraph (1), as so 
redesignated, by striking ‘‘under paragraph (1)’’ and 
inserting ‘‘under subsection (a)’’. 
(g) TRANSFER OF SUBSECTION (E) OF SECTION 2306A.— 
(1) TRANSFER.—Subsection (e) of section 2306a of title 10, 
United States Code, is transferred to section 3706 of such 
title, as added by subsection (a), inserted after the section 
heading, and amended— 
(A) by striking the subsection designation and sub-
section heading; and 
(B) by redesignating paragraphs (1), (2), (3), and (4) 
as subsections (a), (b), (c), and (d), respectively. 
(2) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3706(A).—Subsection (a) of such section 3706, as so transferred 
and redesignated, is amended— 
(A) by striking ‘‘(A) A prime contract’’ and inserting 
‘‘PROVISION REQUIRING ADJUSTMENT.— 
‘‘(1) IN GENERAL.—A prime contract’’; 
(B) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘section 
3702(b) of this title’’;
H. R. 6395—828 
(C) by redesignating subparagraph (B) as paragraph 
(2); 
(D) by inserting ‘‘WHAT CONSTITUTES DEFECTIVE COST 
OR PRICING DATA.—’’ before ‘‘For the purposes’’; and 
(E) by striking ‘‘of this section’’ and inserting ‘‘of this 
chapter’’. 
(3) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3706(B).—Subsection (b) of such section 3706, as so transferred 
and redesignated, is amended— 
(A) by inserting ‘‘VALID DEFENSE.—’’ before ‘‘In deter-
mining for’’; and 
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’. 
(4) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3706(C).—Subsection (c) of such section 3706, as so transferred 
and redesignated, is amended— 
(A) by inserting ‘‘INVALID DEFENSES.—’’ before ‘‘It is 
not’’; 
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’; 
(C) by redesignating subparagraphs (A), (B), (C), and 
(D) as paragraphs (1), (2), (3), and (4), respectively; 
(D) in paragraph (1), as so redesignated, by redesig-
nating clauses (i) and (ii) as subparagraphs (A) and (B), 
respectively; and 
(E) in paragraph (4), as so redesignated, by striking 
‘‘subsection (a)(2)’’ and inserting ‘‘section 3702(b) of this 
title’’. 
(5) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3706(D).—Subsection (d) of such section 3706, as so transferred 
and redesignated, is amended— 
(A) by striking ‘‘(A) A contractor shall’’ and inserting 
‘‘OFFSETS.— 
‘‘(1) WHEN ALLOWED.—A contractor shall’’; 
(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’; 
(C) by redesignating subparagraph (B) as paragraph 
(2); 
(D) in paragraph (1), as designated by subparagraph 
(A), by redesignating clauses (i) and (ii) as subparagraphs 
(A) and (B), respectively; 
(E) in subparagraph (B), as so redesignated by subpara-
graph (D)— 
(i) by striking ‘‘paragraph (1)(B)’’ and inserting 
‘‘subsection (a)(2)’’; and 
(ii) by striking ‘‘subsection (a)(3)’’ and inserting 
‘‘section 3702(c) of this title’’; and 
(F) in paragraph (2), as redesignated by subparagraph 
(C)— 
(i) by striking ‘‘subparagraph (A)’’ and inserting 
‘‘paragraph (1)’’; 
(ii) by redesignating clauses (i) and (ii) as subpara-
graphs (A) and (B), respectively; 
(iii) in subparagraph (A), as so redesignated, by 
striking ‘‘subsection (a)(2)’’ and inserting ‘‘section 
3702(b) of this title’’; and 
(iv) in subparagraph (B), as so redesignated—
H. R. 6395—829 
(I) by striking ‘‘subparagraph (A)(ii)’’ and 
inserting ‘‘paragraph (1)(B)’’; and 
(II) 
by 
striking 
‘‘paragraph 
(1)(B)’’ 
and 
inserting ‘‘subsection (a)(2)’’. 
(h) TRANSFER OF SUBSECTION (F) OF SECTION 2306A.— 
(1) TRANSFER.—Subsection (f) of section 2306a of title 10, 
United States Code, is transferred to section 3707 of such 
title, as added by subsection (a), inserted after the section 
heading, redesignated as subsection (a), and amended by 
redesignating paragraph (2) as subsection (b). 
(2) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3707(A).—Subsection (a) of such section 3706, as so transferred 
and redesignated, is amended— 
(A) by striking ‘‘INTEREST AND PENALTIES FOR CERTAIN 
OVERPAYMENTS.—(1)’’ and inserting ‘‘IN GENERAL.—’’ 
(B) by striking ‘‘this section’’ and inserting ‘‘this 
chapter’’; 
(C) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; and 
(D) in paragraph (1), as so redesignated, by redesig-
nating clauses (i) and (ii) as subparagraphs (A) and (B), 
respectively. 
(3) 
CONFORMING
INTERNAL
REDESIGNATIONS
IN
NEW 
3707(B).—Subsection (b) of such section 3706, as so transferred 
and redesignated, is amended— 
(A) by inserting ‘‘LIABILITY NOT AFFECTED BY REFUSAL 
TO SUBMIT CERTIFICATION.—’’ before ‘‘Any liability’’; 
(B) by striking ‘‘this subsection’’ and inserting ‘‘this 
section’’; and 
(C) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘section 
3702(b) of this title’’. 
(i) TRANSFER
OF SUBSECTION (G) OF SECTION 2306A.—Sub-
section (g) of section 2306a of title 10, United States Code, is 
transferred to section 3708 of such title, as added by subsection 
(a), inserted after the section heading, and amended— 
(1) by striking the subsection redesignation and subsection 
heading; 
(2) by striking ‘‘this section’’ and inserting ‘‘this chapter’’; 
and 
(3) by striking ‘‘section 2313(a)(2)’’ and inserting ‘‘section 
3841(b)(2)’’. 
(j) CONFORMING CROSS-REFERENCE AMENDMENTS.— 
(1) Section 1608(b) of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2273 
note) is amended by striking ‘‘section 2306a’’ and inserting 
‘‘chapter 271’’. 
(2) Section 866(b)(4) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111–383; 
10 U.S.C. 2302 note) is amended— 
(A) in subparagraph (A), by striking ‘‘section 2306a’’ 
and inserting ‘‘chapter 271’’; and 
(B) in subparagraph (B), by striking ‘‘section 2306a(d)’’ 
and inserting ‘‘section 3705’’. 
(3) Section 2343 of title 10, United States Code, is amended 
by striking ‘‘2306a, and 2313’’ and inserting ‘‘3701–3708, and 
3841’’.
H. R. 6395—830 
(4) Section 2379(c)(1) of title 10, United States Code, is 
amended by striking ‘‘section 2306a’’ and inserting ‘‘sections 
3701–3708’’. 
(5) Section 2380(b)(2)(B)(i) of title 10, United States Code, 
is amended by striking ‘‘section 2306a(b)(4)(B)’’ and inserting 
‘‘section 3703(d)(2)’’. 
(6) Section 9511a(d) of title 10, United States Code, is 
amended by striking ‘‘section 2306a’’ and inserting ‘‘chapter 
271’’. 
(7) Section 890(a)(2) of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 
115–232; 10 U.S.C. 2306a note) is amended by striking ‘‘section 
2306a’’ and inserting ‘‘of chapter 271’’. 
(k) CHAPTER FOR ADDITIONAL COST OR PRICING PROVISIONS.— 
Such Part V is further amended by inserting after chapter 271, 
as added by subsection (a), the following new chapter: 
‘‘CHAPTER 272—OTHER PROVISIONS RELATING TO 
COST OR PRICING DATA 
‘‘Sec. 
‘‘3721. Evaluating the reasonableness of price: guidance and training. 
‘‘3722. Grants of exceptions to cost or pricing data certification requirements and 
waivers of cost accounting standards. 
‘‘3723. Streamlining awards for innovative technology projects: pilot program. 
‘‘3724. Risk-based contracting for smaller contract actions under Truth in Negotia-
tions Act: pilot program. 
‘‘§ 3721. Evaluating the reasonableness of price: guidance and 
training 
‘‘øReserved¿. 
‘‘§ 3722. Grants of exceptions to cost or pricing data certifi-
cation 
requirements 
and 
waivers 
of 
cost 
accounting standards 
‘‘øReserved¿. 
‘‘§ 3723. Streamlining awards for innovative technology 
projects: pilot program 
‘‘øReserved¿. 
‘‘§ 3724. Risk-based contracting for smaller contract actions 
under truth in negotiations act: pilot program 
‘‘øReserved¿.’’. 
(l) TABLES OF CHAPTERS AMENDMENTS.—The tables of chapters 
at the beginning of subtitle A, and at the beginning of part V 
of subtitle A (as added by section 801 of Public Law 115–232), 
of title 10, United States Code, are amended by striking the item 
relating to chapter 271 and inserting the following: 
‘‘271. Truthful Cost or Pricing Data (Truth in Negotiations) ............................ 3701
‘‘272. Other Provisions Relating to Cost or Pricing Data ................................... 3721’’. 
SEC. 1832. ALLOWABLE COSTS. 
(a) NEW CHAPTER.—Part V of subtitle A of title 10, United 
States Code, as added by section 801 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 
232), is amended by striking chapter 273 and inserting the fol-
lowing:’’.
H. R. 6395—831 
‘‘CHAPTER 273—ALLOWABLE COSTS 
‘‘Subchapter Sec. 
‘‘I. General ..............................................................................................................
3741 
‘‘II. Other Allowable Cost Provisions ...................................................................
3761 
‘‘SUBCHAPTER I—GENERAL 
‘‘Sec. 
‘‘3741. Definitions. 
‘‘3742. Adjustment of threshold amount of covered contract. 
‘‘3743. Effect of submission of unallowable costs. 
‘‘3744. Specific costs not allowable. 
‘‘3745. Required regulations. 
‘‘3746. Applicability of regulations to subcontractors. 
‘‘3747. Contractor certification. 
‘‘3748. Penalties for submission of cost known as not allowable. 
‘‘3749. Burden of proof on contractor. 
‘‘3750. Proceeding costs not allowable. 
‘‘§ 3741. Definitions 
‘‘In this subchapter: 
‘‘§ 3742. Adjustment of threshold amount of covered contract 
‘‘§ 3743. Effect of submission of unallowable costs 
‘‘§ 3744. Specific costs not allowable 
‘‘§ 3745. Required regulations 
‘‘§ 3746. Applicability of regulations to subcontractors 
‘‘§ 3747. Contractor certification 
‘‘§ 3748. Penalties for submission of cost known as not allow-
able 
‘‘§ 3749. Burden of proof on contractor 
‘‘§ 3750. Proceeding costs not allowable’’. 
(b) TRANSFER OF DEFINITION PARAGRAPHS FROM SUBSECTION 
(L) OF SECTION 2324.— 
(1) Paragraph (4) of section 2324(l) of title 10, United 
States Code, is transferred to section 3741 of such title, as 
added by subsection (a), inserted at the end, redesignated as 
paragraph (1), and amended by inserting ‘‘COMPENSATION.— 
’’ before ‘‘The term’’. 
(2) Subparagraph (A) of paragraph (1) of such section 
2324(l) is transferred to section 3741 of such title, as added 
by subsection (a), inserted after paragraph (1), as transferred 
and redesignated by paragraph (1), redesignated as paragraph 
(2), and amended by inserting ‘‘COVERED CONTRACT.—’’ before 
‘‘The term’’. 
(3)(A) Paragraphs (6), (2), and (3) of such section 2324(l) 
are transferred to section 3741 of such title, as added by sub-
section (a), inserted (in that order) after paragraph (2), as 
transferred and redesignated by paragraph (2), and redesig-
nated as paragraphs (3), (4), and (5), respectively. 
(B) The paragraphs transferred and redesignated by 
subparagraph (A) are amended— 
(i) by inserting ‘‘FISCAL YEAR.—’’ before ‘‘The term’’ 
in paragraph (3), as so redesignated;