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Department of Defense to prevent suicide among members 
of the Armed Forces stationed at covered installations. 
(b) ELEMENTS OF REVIEW.—The review conducted 
under subsection (a) shall include an assessment of each of 
the following: 
(1) Current policy guidelines of the Armed 
Forces on the prevention of suicide among members of 
the Armed Forces stationed at covered installations. 
(2) Current suicide prevention programs of the 
Armed Forces and activities for members of the 
Armed Forces stationed at covered installations and 
their dependents, including programs provided by the 
Defense Health Program and the Office of Suicide 
Prevention. 
(3) The integration of mental health screenings 
and suicide risk and prevention efforts for members of 
the Armed Forces stationed at covered installations 
and their dependents into the delivery of primary 
care for such members and dependents. 
(4) The standards for responding to attempted or 
completed suicides among members of the Armed 
Forces stationed at covered installations and their de-
pendents, including guidance and training to assist 
commanders in addressing incidents of attempted or 
completed suicide within their units.
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(5) The standards regarding data collection for 
members of the Armed Forces stationed at covered in-
stallations and their dependents, including related 
factors such as domestic violence and child abuse. 
(6) The means to ensure the protection of pri-
vacy of members of the Armed Forces stationed at 
covered installations and their dependents who seek or 
receive treatment related to suicide prevention. 
(7) The availability of information from indige-
nous populations on suicide prevention for members 
of the Armed Forces stationed at covered installations 
who are members of such a population. 
(8) The availability of information from grad-
uate research programs of institutions of higher edu-
cation on suicide prevention for members of the 
Armed Forces. 
(9) Such other matters as the Comptroller Gen-
eral considers appropriate in connection with the pre-
vention of suicide among members of the Armed 
Forces stationed at covered installations and their de-
pendents. 
(c) BRIEFING AND REPORT.—The Comptroller General 
shall— 
(1) not later than October 1, 2021, brief the 
Committees on Armed Services of the Senate and the
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House of Representatives on preliminary observations 
relating to the review conducted under subsection (a); 
and 
(2) not later than March 1, 2022, submit to the 
Committees on Armed Services of the Senate and the 
House of Representatives a report containing the re-
sults of such review. 
(d) COVERED INSTALLATION DEFINED.—In this sec-
tion, the term ‘‘covered installation’’ means a remote instal-
lation of the Department of Defense outside the contiguous 
United States. 
SEC. 748. AUDIT OF MEDICAL CONDITIONS OF TENANTS IN 
PRIVATIZED MILITARY HOUSING. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Inspector General of 
the Department of Defense shall commence the conduct of 
an audit of the medical conditions of eligible individuals 
and the association between adverse exposures of such indi-
viduals in unsafe or unhealthy housing units and the health 
of such individuals. 
(b) CONTENT OF AUDIT.—The audit conducted under 
subsection (a) shall— 
(1) determine the percentage of units of 
privatized military housing that are unsafe or 
unhealthy housing units;
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(2) study the adverse exposures of eligible indi-
viduals that relate to residing in an unsafe or 
unhealthy housing unit and the effect of such expo-
sures on the health of such individuals; and 
(3) determine the association, to the extent per-
mitted by available scientific data, and provide quan-
tifiable data on such association, between such ad-
verse exposures and the occurrence of a medical condi-
tion in eligible individuals residing in unsafe or 
unhealthy housing units. 
(c) CONDUCT OF AUDIT.—The Inspector General of the 
Department shall conduct the audit under subsection (a) 
using the same privacy preserving guidelines used by the 
Inspector General in conducting other audits of health 
records. 
(d) SOURCE OF DATA.—In conducting the audit under 
subsection (a), the Inspector General of the Department 
shall use— 
(1) de-identified data from electronic health 
records of the Department; 
(2) records of claims under the TRICARE pro-
gram (as defined in section 1072(7) of title 10, 
United States Code); and 
(3) such other data as determined necessary by 
the Inspector General.
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(e) SUBMITTAL AND PUBLIC AVAILABILITY OF RE-
PORT.—Not later than one year after the commencement of 
the audit under subsection (a), the Inspector General of the 
Department shall— 
(1) submit to the Secretary of Defense and the 
Committees on Armed Services of the Senate and the 
House of Representatives a report on the results of the 
audit conducted under subsection (a); and 
(2) publish such report on a publicly available 
internet website of the Department of Defense. 
(f) DEFINITIONS.—In this section: 
(1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 
individual’’ means a member of the Armed Forces or 
a family member of a member of the Armed Forces 
who has resided in an unsafe or unhealthy housing 
unit. 
(2) PRIVATIZED MILITARY HOUSING.—The term 
‘‘privatized military housing’’ means military hous-
ing provided under subchapter IV of chapter 169 of 
title 10, United States Code. 
(3) UNSAFE OR UNHEALTHY HOUSING UNIT.— 
The term ‘‘unsafe or unhealthy housing unit’’ means 
a unit of privatized military housing in which, at 
any given time, at least one of the following hazards 
is present:
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(A) Physiological hazards, including the fol-
lowing: 
(i) Dampness or microbial growth. 
(ii) Lead-based paint. 
(iii) Asbestos or manmade fibers. 
(iv) Ionizing radiation. 
(v) Biocides. 
(vi) Carbon monoxide. 
(vii) Volatile organic compounds. 
(viii) Infectious agents. 
(ix) Fine particulate matter. 
(B) Psychological hazards, including ease of 
access by unlawful intruders or lighting issues. 
(C) Poor ventilation. 
(D) Safety hazards. 
(E) Other hazards as determined by the In-
spector General of the Department. 
SEC. 749. COMPTROLLER GENERAL STUDY ON PRENATAL 
AND POSTPARTUM MENTAL HEALTH CONDI-
TIONS AMONG MEMBERS OF THE ARMED 
FORCES AND THEIR DEPENDENTS. 
(a) STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study on prenatal 
and postpartum mental health conditions among
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members of the Armed Forces and dependents of such 
members. 
(2) ELEMENTS.—The study required under para-
graph (1) shall include the following: 
(A) An assessment of the extent to which 
beneficiaries under the TRICARE program, in-
cluding members of the Armed Forces and de-
pendents of such members, are diagnosed with 
prenatal or postpartum mental health condi-
tions, including— 
(i) prenatal or postpartum depression; 
(ii) prenatal or postpartum anxiety 
disorder; 
(iii) prenatal or postpartum obsessive 
compulsive disorder; 
(iv) prenatal or postpartum psychosis; 
and 
(v) other relevant mood disorders. 
(B) A demographic assessment of the popu-
lation included in the study with respect to race, 
ethnicity, sex, age, relationship status, military 
service, military occupation, and rank, where 
applicable. 
(C) An assessment of the status of prenatal 
and postpartum mental health care for bene-
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ficiaries under the TRICARE program, includ-
ing those who seek care at military medical 
treatment facilities and those who rely on civil-
ian providers. 
(D) An assessment of the ease or delay for 
beneficiaries under the TRICARE program in 
obtaining 
treatment 
for 
prenatal 
and 
postpartum mental health conditions, includ-
ing— 
(i) an assessment of wait times for 
mental health treatment at each military 
medical treatment facility; and 
(ii) a description of the reasons such 
beneficiaries may cease seeking such treat-
ment. 
(E) A comparison of the rates of prenatal or 
postpartum mental health conditions within the 
military community to such rates in the civilian 
population, as reported by the Centers for Dis-
ease Control and Prevention. 
(F) An assessment of any effects of implicit 
or explicit bias in prenatal and postpartum 
mental health care under the TRICARE pro-
gram, or evidence of racial or socioeconomic bar-
riers to such care.
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(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the findings 
of the study conducted under subsection (a), including— 
(1) recommendations for actions to be taken by 
the Secretary of Defense to improve prenatal and 
postpartum mental health among members of the 
Armed Forces and dependents of such members; and 
(2) such other recommendations as the Comp-
troller General determines appropriate. 
(c) DEFINITIONS.—In this section, the terms ‘‘depend-
ent’’ and ‘‘TRICARE program’’ have the meanings given 
those terms in section 1072 of title 10, United States Code. 
SEC. 750. PLAN FOR EVALUATION OF FLEXIBLE SPENDING 
ACCOUNT OPTIONS FOR MEMBERS OF THE 
UNIFORMED SERVICES AND THEIR FAMILIES. 
(a) IN GENERAL.—Not later than March 1, 2021, the 
Secretary of Defense shall submit to the congressional de-
fense committees a plan to evaluate flexible spending ac-
count options that allow pre-tax payment of health and 
dental insurance premiums, out-of-pocket health care ex-
penses, and dependent care expenses for members of the uni-
formed services and their family members, including an
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identification of any legislative or administrative barriers 
to achieving the implementation of such options. 
(b) UNIFORMED SERVICES DEFINED.—In this section, 
the term ‘‘uniformed services’’ has the meaning given that 
term in section 101 of title 37, United States Code. 
SEC. 751. ASSESSMENT OF RECEIPT BY CIVILIANS OF EMER-
GENCY MEDICAL TREATMENT AT MILITARY 
MEDICAL TREATMENT FACILITIES. 
(a) ASSESSMENT.—Not later than one year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall complete an assessment of the pro-
vision by the Department of Defense of emergency medical 
treatment to civilians who are not covered beneficiaries at 
military medical treatment facilities during the period be-
ginning on October 1, 2015, and ending on September 30, 
2020. 
(b) ELEMENTS
OF
ASSESSMENT.—The assessment 
completed under subsection (a) shall include, with respect 
to civilians who received emergency medical treatment at 
a military medical treatment facility during the period 
specified in such paragraph, the following: 
(1) The total fees charged to such civilians for 
such treatment and the total fees collected. 
(2) The amount of medical debt from such treat-
ment that was garnished from such civilians, cat-
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egorized by garnishment from Social Security bene-
fits, tax refunds, wages, or other financial asset. 
(3) The number of such civilians from whom 
medical debt from such treatment was garnished. 
(4) The total fees for such treatment that were 
waived for such civilians. 
(5) With respect to medical debt incurred by 
such civilians from such treatment— 
(A) the amount of such debt that was col-
lected by the Department of Defense; 
(B) the amount of such debt still owed to 
the Department; and 
(C) the amount of debt transferred from the 
Department of Defense to the Department of the 
Treasury for collection. 
(6) The number of such civilians from whom 
such medical debt was collected who did not possess 
medical insurance at the time of such treatment. 
(7) The number of such civilians from whom 
such medical debt was collected who collected Social 
Security benefits at the time of such treatment. 
(8) The number of such civilians from whom 
such medical debt was collected who, at the time of 
such treatment, earned— 
(A) less than the poverty line;
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(B) less than 200 percent of the poverty 
line; 
(C) less than 300 percent of the poverty 
line; and 
(D) less than 400 percent of the poverty 
line. 
(9) An assessment of the process through which 
military medical treatment facilities seek to recover 
unpaid medical debt from such civilians, including 
whether the Department of Defense contracts with pri-
vate debt collectors to recover such unpaid medical 
debt. 
(10) An assessment of the process, if any, 
through which such civilians can apply to have med-
ical debt for such treatment waived, forgiven, can-
celed, or otherwise determined to not be a financial 
obligation of the civilian. 
(11) Such other information as the Comptroller 
General determines appropriate. 
(c) REPORT.—Not later than 180 days after the com-
pletion of the assessment under subsection (a), the Comp-
troller General shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report containing the results of the assessment. 
(d) DEFINITIONS.—In this section:
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(1) CIVILIAN.—The term ‘‘civilian’’ means an 
individual who is not— 
(A) a member of the Armed Forces; 
(B) a contractor of the Department of De-
fense; or 
(C) a civilian employee of the Department. 
(2) COVERED BENEFICIARY.—The term ‘‘covered 
beneficiary’’ has the meaning given that term in sec-
tion 1072(5) of title 10, United States Code. 
(3) POVERTY
LINE.—The term ‘‘poverty line’’ 
has the meaning given that term in section 673 of the 
Community Services Block Grant Act (42 U.S.C. 
9902). 
SEC. 752. REPORT ON BILLING PRACTICES FOR HEALTH 
CARE FROM DEPARTMENT OF DEFENSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Through the TRICARE program, the Depart-
ment of Defense provides health care benefits and 
services to approximately 9,500,000 beneficiaries. 
(2) The Department of Defense is not structured 
as a typical health care provider, which can lead to 
complicated billing practices and strict deadlines for 
members of the Armed Forces, former members of the 
Armed Forces, and their dependents, as well as for 
providers.
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(3) Numerous findings issued by the Inspector 
General of the Department of Defense between 2014 
and 2019 describe the third-party collection program 
of the Department as inadequately managed, result-
ing in substantial uncollected funds that could be used 
to improve the quality of health care at military med-
ical treatment facilities. 
(4) Numerous press reports have found that the 
Federal Government aggressively collects unpaid debts 
from uninsured or low-income civilian patients who 
happen to receive treatment at a military medical 
treatment facility, even though providing that treat-
ment often benefits military readiness by providing 
experience to military medical professionals. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that it is in the national interest of the United States to 
ensure members of the Armed Forces, former members of 
the Armed Forces, and their dependents receive high-quality 
health care, and that Federal agencies prioritize fairness 
and accessibility when administering health care. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to Congress 
a report assessing the billing practices of the Depart-
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ment of Defense for care received under the TRICARE 
program or at military medical treatment facilities. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) A description of the extent to which 
data is being collected and maintained on wheth-
er beneficiaries under the TRICARE program 
have other forms of health insurance. 
(B) A description of the extent to which the 
Secretary of Defense has implemented the rec-
ommendations of the Inspector General of the 
Department of Defense to improve collections of 
third-party payments for care at military med-
ical treatment facilities and a description of the 
impact such implementation has had on such 
beneficiaries. 
(C) A description of the extent to which the 
process used by managed care support contrac-
tors under the TRICARE program to adjudicate 
third-party liability claims is efficient and effec-
tive, including with respect to communication 
with such beneficiaries. 
(d) TRICARE PROGRAM DEFINED.—In this section, 
the term ‘‘TRICARE program’’ has the meaning given that 
term in section 1072 of title 10, United States Code.
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SEC. 753. ACCESS OF VETERANS TO INDIVIDUAL LONGITU-
DINAL EXPOSURE RECORD. 
The Secretary of Veterans Affairs, in consultation with 
the Secretary of Defense, shall provide to a veteran read- 
only access to the documents of the veteran contained in 
the Individual Longitudinal Exposure Record in a print-
able format through a portal accessible through a website 
of the Department of Veterans Affairs and a website of the 
Department of Defense. 
SEC. 754. STUDY ON THE INCIDENCE OF CANCER DIAG-
NOSIS AND MORTALITY AMONG MILITARY 
AVIATORS 
AND 
AVIATION 
SUPPORT 
PER-
SONNEL. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Defense, in 
conjunction with the National Institutes of Health 
and the National Cancer Institute, shall conduct a 
study on cancer among covered individuals in two 
phases as provided in this subsection. 
(2) PHASE 1.— 
(A) IN GENERAL.—Under the initial phase 
of the study conducted under paragraph (1), the 
Secretary of Defense shall determine if there is a 
higher incidence of cancers occurring for covered 
individuals as compared to similar age groups 
in the general population through the use of the
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database of the Surveillance, Epidemiology, and 
End Results program of the National Cancer In-
stitute. 
(B) REPORT.—Not later than one year after 
the date of the enactment of this Act, the Sec-
retary shall submit to the appropriate commit-
tees of Congress a report on the findings of the 
initial phase of the study under subparagraph 
(A). 
(3) PHASE 2.— 
(A) IN GENERAL.—If, pursuant to the ini-
tial phase of the study under paragraph (2), the 
Secretary concludes that there is an increased 
rate of cancers among covered individuals, the 
Secretary shall conduct a second phase of the 
study under which the Secretary shall do the fol-
lowing: 
(i) Identify the carcinogenic toxins or 
hazardous materials associated with mili-
tary flight operations from shipboard or 
land bases or facilities, such as fuels, fumes, 
and other liquids. 
(ii) Identify the operating environ-
ments, including frequencies or electro-
magnetic fields, where exposure to ionizing
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radiation (associated with high altitude 
flight) and nonionizing radiation (associ-
ated with airborne, ground, and shipboard 
radars) occurred in which covered individ-
uals could have received increased radiation 
amounts. 
(iii) Identify, for each covered indi-
vidual, duty stations, dates of service, air-
craft flown, and additional duties (includ-
ing Landing Safety Officer, Catapult and 
Arresting Gear Officer, Air Liaison Officer, 
Tactical Air Control Party, or personnel as-
sociated with aircraft maintenance, supply, 
logistics, fuels, or transportation) that could 
have increased the risk of cancer for such 
covered individual. 
(iv) Determine locations where a cov-
ered individual served or additional duties 
of a covered individual that are associated 
with higher incidences of cancers. 
(v) Identify potential exposures due to 
service in the Armed Forces that are not re-
lated to aviation, such as exposure to burn 
pits or toxins in contaminated water, em-
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bedded in the soil, or inside bases or hous-
ing. 
(vi) Determine the appropriate age to 
begin screening covered individuals for can-
cer based on race, gender, flying hours, pe-
riod of service as aviation support per-
sonnel, Armed Force, type of aircraft, and 
mission. 
(B) DATA.—The Secretary shall format all 
data included in the study conducted under this 
paragraph in accordance with the Surveillance, 
Epidemiology, and End Results program of the 
National 
Cancer 
Institute, 
including 
by 
disaggregating such data by race, gender, and 
age. 
(C) REPORT.—Not later than one year after 
the submittal of the report under paragraph 
(2)(B), if the Secretary conducts the second 
phase of the study under this paragraph, the 
Secretary shall submit to the appropriate com-
mittees of Congress a report on the findings of 
the study conducted under this paragraph. 
(4) USE OF DATA FROM PREVIOUS STUDIES.—In 
conducting the study under this subsection, the Sec-
retary of Defense shall incorporate data from previous
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studies conducted by the Air Force, the Navy, or the 
Marine Corps that are relevant to the study under 
this subsection, including data from the comprehen-
sive study conducted by the Air Force identifying 
each covered individual and documenting the cancers, 
dates of diagnoses, and mortality of each covered in-
dividual. 
(b) DEFINITIONS.—In this section: 
(1) APPROPRIATE COMMITTEE OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Armed Services and 
the Committee on Veterans’ Affairs of the Senate; 
and 
(B) the Committee on Armed Services and 
the Committee on Veterans’ Affairs of the House 
of Representatives. 
(2) 
ARMED
FORCES.—The 
term 
‘‘Armed 
Forces’’— 
(A) has the meaning given the term ‘‘armed 
forces’’ in section 101 of title 10, United States 
Code; and 
(B) includes the reserve components named 
in section 10101 of such title.
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(3) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’— 
(A) means an aviator or aviation support 
personnel who— 
(i) served in the Armed Forces on or 
after February 28, 1961; and 
(ii) receives benefits under chapter 55 
of title 10, United States Code; and 
(B) includes any air crew member of fixed- 
wing aircraft and personnel supporting genera-
tion of the aircraft, including pilots, navigators, 
weapons systems operators, aircraft system oper-
ators, personnel associated with aircraft mainte-
nance, supply, logistics, fuels, or transportation, 
and any other crew member who regularly flies 
in an aircraft or is required to complete the mis-
sion of the aircraft. 
Subtitle D—Mental Health Services 
From Department of Veterans 
Affairs for Members of Reserve 
Components 
SEC. 761. SHORT TITLE. 
This subtitle may be cited as the ‘‘Care and Readiness 
Enhancement for Reservists Act of 2020’’ or the ‘‘CARE for 
Reservists Act of 2020’’.
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SEC. 762. EXPANSION OF ELIGIBILITY FOR READJUSTMENT 
COUNSELING 
AND 
RELATED 
OUTPATIENT 
SERVICES FROM DEPARTMENT OF VETERANS 
AFFAIRS TO INCLUDE MEMBERS OF RESERVE 
COMPONENTS OF THE ARMED FORCES. 
(a) READJUSTMENT COUNSELING.—Subsection (a)(1) 
of section 1712A of title 38, United States Code, is amended 
by adding at the end the following new subparagraph: 
‘‘(D)(i) The Secretary, in consultation with the Sec-
retary of Defense, may furnish to any member of the reserve 
components of the Armed Forces who has a behavioral 
health condition or psychological trauma, counseling under 
subparagraph (A)(i), which may include a comprehensive 
individual assessment under subparagraph (B)(i). 
‘‘(ii) A member of the reserve components of the Armed 
Forces described in clause (i) shall not be required to obtain 
a referral before being furnished counseling or an assess-
ment under this subparagraph.’’. 
(b) OUTPATIENT SERVICES.—Subsection (b) of such 
section is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘to an individual’’ after 
‘‘If, on the basis of the assessment furnished’’; 
and 
(B) by striking ‘‘veteran’’ each place it ap-
pears and inserting ‘‘individual’’; and
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(2) in paragraph (2), by striking ‘‘veteran’’ and 
inserting ‘‘individual’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date that is one year after 
the date of the enactment of this Act. 
SEC. 763. PROVISION OF MENTAL HEALTH SERVICES FROM 
DEPARTMENT OF VETERANS AFFAIRS TO 
MEMBERS OF RESERVE COMPONENTS OF THE 
ARMED FORCES. 
(a) IN GENERAL.—Subchapter VIII of chapter 17 of 
title 38, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 1789. Mental health services for members of the re-
serve components of the Armed Forces 
‘‘The Secretary, in consultation with the Secretary of 
Defense, may furnish mental health services to members of 
the reserve components of the Armed Forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by inserting 
after the item relating to section 1788 the following new 
item: 
‘‘1789. Mental health services for members of the reserve components of the Armed 
Forces.’’.
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SEC. 764. INCLUSION OF MEMBERS OF RESERVE COMPO-
NENTS IN MENTAL HEALTH PROGRAMS OF 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) SUICIDE PREVENTION PROGRAM.— 
(1) IN
GENERAL.—Section 1720F of title 38, 
United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(l)(1) COVERED INDIVIDUAL DEFINED.—In this sec-
tion, the term ‘covered individual’ means a veteran or a 
member of the reserve components of the Armed Forces. 
‘‘(2) In determining coverage of members of the reserve 
components of the Armed Forces under the comprehensive 
program, the Secretary shall consult with the Secretary of 
Defense.’’. 
(2) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(A) in subsection (a), by striking ‘‘veterans’’ 
and inserting ‘‘covered individuals’’; 
(B) in subsection (b), by striking ‘‘veterans’’ 
each place it appears and inserting ‘‘covered in-
dividuals’’; 
(C) in subsection (c)— 
(i) in the subsection heading, by strik-
ing ‘‘OF VETERANS’’;
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(ii) by striking ‘‘veterans’’ each place 
it appears and inserting ‘‘covered individ-
uals’’; and 
(iii) by striking ‘‘veteran’’ and insert-
ing ‘‘individual’’; 
(D) in subsection (d), by striking ‘‘to vet-
erans’’ each place it appears and inserting ‘‘to 
covered individuals’’; 
(E) in subsection (e), in the matter pre-
ceding paragraph (1), by striking ‘‘veterans’’ 
and inserting ‘‘covered individuals’’; 
(F) in subsection (f)— 
(i) in the first sentence, by striking 
‘‘veterans’’ and inserting ‘‘covered individ-
uals’’; and 
(ii) in the second sentence, by inserting 
‘‘or members’’ after ‘‘veterans’’; 
(G) in subsection (g), by striking ‘‘veterans’’ 
and inserting ‘‘covered individuals’’; 
(H) in subsection (h), by striking ‘‘vet-
erans’’ and inserting ‘‘covered individuals’’; 
(I) in subsection (i)— 
(i) in the subsection heading, by strik-
ing ‘‘FOR VETERANS AND FAMILIES’’;
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(ii) in the matter preceding paragraph 
(1), by striking ‘‘veterans and the families 
of veterans’’ and inserting ‘‘covered individ-
uals and the families of covered individ-
uals’’; 
(iii) in paragraph (2), by striking 
‘‘veterans’’ and inserting ‘‘covered individ-
uals’’; and 
(iv) in paragraph (4), by striking ‘‘vet-
erans’’ each place it appears and inserting 
‘‘covered individuals’’; 
(J) in subsection (j)— 
(i) in paragraph (1), by striking ‘‘vet-
erans’’ each place it appears and inserting 
‘‘covered individuals’’; and 
(ii) in paragraph (4)— 
(I) in subparagraph (A), in the 
matter preceding clause (i), by striking 
‘‘women veterans’’ and inserting ‘‘cov-
ered individuals who are women’’; 
(II) in subparagraph (B), by 
striking ‘‘women veterans who’’ and 
inserting ‘‘covered individuals who are 
women and’’; and
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(III) in subparagraph (C), by 
striking ‘‘women veterans’’ and insert-
ing ‘‘covered individuals who are 
women’’; and 
(K) in subsection (k), by striking ‘‘veterans’’ 
and inserting ‘‘covered individuals’’. 
(3) CLERICAL AMENDMENTS.— 
(A) IN GENERAL.—Such section is further 
amended, in the section heading, by inserting 
‘‘and members of the reserve compo-
nents of the Armed Forces’’ after ‘‘vet-
erans’’. 
(B) TABLE OF SECTIONS.—The table of sec-
tions at the beginning of such subchapter is 
amended by striking the item relating to section 
1720F and inserting the following new item: 
‘‘1720F. Comprehensive program for suicide prevention among veterans and mem-
bers of the reserve components of the Armed Forces.’’. 
(b) MENTAL HEALTH TREATMENT FOR INDIVIDUALS 
WHO SERVED IN CLASSIFIED MISSIONS.— 
(1) IN GENERAL.—Section 1720H of such title is 
amended— 
(A) in subsection (a)— 
(i) in paragraph (1)—
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(I) by striking ‘‘eligible veteran’’ 
and inserting ‘‘eligible individual’’; 
and 
(II) by striking ‘‘the veteran’’ and 
inserting ‘‘the individual’’; and 
(ii) in paragraph (3), by striking ‘‘eli-
gible veterans’’ and inserting ‘‘eligible indi-
viduals’’; 
(B) in subsection (b)— 
(i) by striking ‘‘a veteran’’ and insert-
ing ‘‘an individual’’; and 
(ii) by striking ‘‘eligible veteran’’ and 
inserting ‘‘eligible individual’’; and 
(C) in subsection (c)— 
(i) in paragraph (2), in the matter 
preceding subparagraph (A), by striking 
‘‘The term ‘eligible veteran’ means a vet-
eran’’ and inserting ‘‘The term ‘eligible in-
dividual’ means a veteran or a member of 
the reserve components of the Armed 
Forces’’; and 
(ii) in paragraph (3), by striking ‘‘eli-
gible veteran’’ and inserting ‘‘eligible indi-
vidual’’. 
(2) CLERICAL AMENDMENTS.—
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(A) IN GENERAL.—Such section is further 
amended, in the section heading, by inserting 
‘‘and members of the reserve compo-
nents of the Armed Forces’’ after ‘‘vet-
erans’’. 
(B) TABLE OF SECTIONS.—The table of sec-
tions at the beginning of chapter 17 of such title 
is amended by striking the item relating to sec-
tion 1720H and inserting the following new 
item: 
‘‘1720H. Mental health treatment for veterans and members of the reserve compo-
nents of the Armed Forces who served in classified missions.’’. 
SEC. 765. REPORT ON MENTAL HEALTH AND RELATED 
SERVICES PROVIDED BY DEPARTMENT OF 
VETERANS AFFAIRS TO MEMBERS OF THE 
ARMED FORCES. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Veterans 
Affairs shall submit to the Committee on Veterans’ Affairs 
and the Committee on Appropriations of the Senate and 
the Committee on Veterans’ Affairs and the Committee on 
Appropriations of the House of Representatives a report 
that includes an assessment of the following: 
(1) The increase, as compared to the day before 
the date of the enactment of this Act, of the number 
of members of the Armed Forces that use readjustment
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counseling or outpatient mental health care from the 
Department of Veterans Affairs, disaggregated by 
State, Vet Center location, and clinical care site of the 
Department, as appropriate. 
(2) The number of members of the reserve compo-
nents of the Armed Forces receiving telemental health 
care from the Department. 
(3) The increase, as compared to the day before 
the date of the enactment of this Act, of the annual 
cost associated with readjustment counseling and out-
patient mental health care provided by the Depart-
ment to members of the reserve components of the 
Armed Forces. 
(4) The changes, as compared to the day before 
the date of the enactment of this Act, in staffing, 
training, organization, and resources required for the 
Department to offer readjustment counseling and out-
patient mental health care to members of the reserve 
components of the Armed Forces. 
(5) Any challenges the Department has encoun-
tered in providing readjustment counseling and out-
patient mental health care to members of the reserve 
components of the Armed Forces.
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(b) VET CENTER DEFINED.—In this section, the term 
‘‘Vet Center’’ has the meaning given that term in section 
1712A(h) of title 38, United States Code. 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Industrial Base Matters 
SEC. 801. POLICY RECOMMENDATIONS FOR IMPLEMENTA-
TION OF EXECUTIVE ORDER 13806 (ASSESS-
ING AND STRENGTHENING THE MANUFAC-
TURING AND DEFENSE INDUSTRIAL BASE 
AND SUPPLY CHAIN RESILIENCY). 
(a) SUBMISSION
OF RECOMMENDATIONS
TO SEC-
RETARY OF DEFENSE.—In order to fully implement the 
July 21, 2017, Presidential Executive Order on Assessing 
and Strengthening the Manufacturing and Defense Indus-
trial Base and Supply Chain Resiliency of the United 
States, not later than 540 days after the date of the enact-
ment of this Act, the Under Secretary of Defense for Acqui-
sition and Sustainment shall submit to the Secretary of De-
fense a series of recommendations regarding United States 
industrial policies. The recommendations shall consist of 
specific executive actions, programmatic changes, regu-
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latory changes, and legislative proposals and changes, as 
appropriate. 
(b) SCOPE OF ASSESSMENT.—In developing the rec-
ommendations required under subsection (a), the Under 
Secretary shall assess— 
(1) direct subsidies and investment in the econ-
omy; 
(2) direct provision of credit and purchases of 
private sector bonds and equity; 
(3) prize-based technology challenges for critical 
research and development milestones; 
(4) capital controls and dollar policy; 
(5) trade policy, including export control policy, 
government acquisition policy, and targeted protec-
tionist policies; 
(6) export promotion policies; 
(7) foreign talent attraction and retention; 
(8) graduate education policy; and 
(9) expansion of existing or establishment of new 
public-private partnerships, including the Trusted 
Capital Marketplace. 
(c) OBJECTIVES.—The recommendations made pursu-
ant to subsection (a) shall aim to— 
(1) facilitate only high-value design, engineering, 
and manufacturing activities;
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(2) expand the defense industrial base to include 
friendly and capable allies and partners; 
(3) preserve the viability of domestic and inter-
national suppliers; 
(4) include export and productivity incentives; 
(5) accord with standing international trade 
law; and 
(6) strengthen the domestic national security in-
dustrial base, especially in areas currently dependent 
on foreign suppliers. 
(d) CONSULTATION.—In assessing the areas specified 
in subsection (b) and developing the recommendations re-
quired under subsection (a), the Under Secretary shall con-
sult or inaugurate studies with, as appropriate, the Joint 
Industrial Base Working Group, the Defense Science Board, 
the Defense Innovation Board, economists, commercial in-
dustry, and federally funded research and development cen-
ters. 
(e) SUBMISSION OF RECOMMENDATIONS TO PRESI-
DENT.—Not later than 30 days after receiving the rec-
ommendations under subsection (a), the Secretary of De-
fense shall submit the recommendations, together with any 
additional views or recommendations, to the President, the 
Office of Management and Budget, the National Security 
Council, and the National Economic Council.
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(f) SUBMISSION
OF RECOMMENDATIONS
TO CON-
GRESS.—Not later than 30 days after submitting the rec-
ommendations to the President under section (e), the Sec-
retary of Defense shall submit the recommendations to and 
brief the congressional defense committees on the rec-
ommendations. 
SEC. 802. ASSESSMENT OF NATIONAL SECURITY INNOVA-
TION BASE. 
(a) IN GENERAL.—Not later than 540 days after the 
date of the enactment of this Act, the Deputy Secretary of 
Defense shall submit to the Secretary of Defense an assess-
ment of the economic forces and structures shaping the ca-
pacity of the national security innovation base and policy 
recommendations pertaining to the outcome of such assess-
ment. 
(b) ELEMENTS.—The assessment required under sub-
section (a) shall review the following matters as they per-
tain to the innovative and manufacturing capacity of the 
national security innovation base: 
(1) Competition and antitrust policy. 
(2) Immigration policy, including the policies 
germane to the attraction and retention of skilled im-
migrants. 
(3) Graduate education funding and policy.
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(4) Demand stabilization and social safety net 
policies. 
(5) The structure and incentives of financial 
markets and businesses’ access to credit. 
(6) Trade policy, including export control policy. 
(7) The tax code and its effect on investment, in-
cluding the Federal research and development tax 
credit. 
(8) Deregulation in critical economic sectors, 
land use, environment review, and construction and 
manufacturing activities. 
(9) National economic and manufacturing infra-
structure. 
(10) Intellectual property reform. 
(11) Federally funded investments in the econ-
omy, including research and development and ad-
vanced manufacturing. 
(12) Federally funded procurement of goods and 
services. 
(13) Federally funded investments to expand do-
mestic manufacturing capabilities. 
(c) ENGAGEMENT WITH CERTAIN ENTITIES.—In con-
ducting the assessment required under subsection (a), the 
Deputy Secretary shall engage through appropriate mecha-
nisms with the Defense Science Board, the Defense Innova-
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tion Board, the Defense Business Board, academic experts, 
commercial industry, and federally funded research and de-
velopment centers. 
(d) SUBMISSION OF ASSESSMENT.—Not later than 30 
days after receiving the assessment and recommendations 
under subsection (a), the Secretary of Defense shall submit 
the assessment, together with recommendations and any ad-
ditional views of the Secretary, to the President, the Office 
of Management and Budget, the National Security Council, 
the National Economic Council, and the congressional de-
fense committees. 
SEC. 803. IMPROVING IMPLEMENTATION OF POLICY PER-
TAINING TO THE NATIONAL TECHNOLOGY 
AND INDUSTRIAL BASE. 
(a) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE 
IMPLEMENTATION.— 
(1) ASSESSMENT OF RESEARCH AND DEVELOP-
MENT, MANUFACTURING, AND PRODUCTION CAPABILI-
TIES.— 
(A) IN GENERAL.—In developing the strat-
egy required by section 2501 of title 10, United 
States Code, carrying out the analysis of the na-
tional technology and industrial base required by 
section 2503 of such title, and performing the 
periodic assessments required under section 2505
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of such title, the Secretary of Defense shall, in 
consultation with the Under Secretary of Defense 
for Acquisition and Sustainment and the Under 
Secretary of Research and Engineering, assess 
the research and development, manufacturing, 
and production capabilities of entities within the 
United States and non-United States members of 
the national technology and industrial base as 
well as other friendly nations. 
(B) IDENTIFICATION
OF
SPECIFIC
TECH-
NOLOGIES, COMPANIES, LABORATORIES, AND FAC-
TORIES.—The assessment shall include identi-
fication of specific technologies, companies, lab-
oratories, and factories of or located in the 
United States and the non-United States mem-
bers of the national technology and industrial 
base of potential value to current and future De-
partment of Defense plans and programs. 
(2) POLICY
AND
GUIDANCE.—Consistent with 
section 2440 of title 10, United States Code, the 
Under Secretary of Defense for Acquisition and 
Sustainment shall develop and promulgate to the 
service and command acquisition executives, the heads 
of the appropriate defense agencies and field activi-
ties, and relevant program managers acquisition pol-
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icy and guidance germane to the use of the research 
and development, manufacturing, and production ca-
pabilities identified pursuant to paragraph (1)(B) 
and the technologies, companies, laboratories, and fac-
tories in specific Department of Defense research and 
development, international cooperative research, pro-
curement, and sustainment activities. 
(b) COOPERATIVE RESEARCH AND DEVELOPMENT.— 
(1) AUTHORITY TO ENTER INTO COOPERATIVE 
RESEARCH AND DEVELOPMENT PROJECTS WITH NA-
TIONS IN THE NATIONAL TECHNOLOGY AND INDUS-
TRIAL BASE.—Section 2350a(a)(2) of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(F) A nation in the National Technology and 
Industrial Base, as defined by section 2500 of title 10, 
United States Code.’’. 
(2) REGULATIONS.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall revise the Department of De-
fense Supplement to the Federal Acquisition Regula-
tion to conform with subparagraph (F) of section 
2350a(a)(2) of title 10, United States Code, as added 
by paragraph (1).
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(c) REGULATORY COUNCIL.—Section 2502 of title 10, 
United States Code, is amended by inserting after sub-
section (d) the following new subsection: 
‘‘(e) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE 
REGULATORY COUNCIL.— 
‘‘(1) ESTABLISHMENT.—The Chairman of the 
National Defense Technology and Industrial Base 
Council shall work with the equivalent designees in 
the countries that comprise the national technology 
and industrial base to establish the National Tech-
nology and Industrial Base Regulatory Council. 
‘‘(2) MEETINGS.—The National Technology and 
Industrial Base Regulatory Council shall meet bian-
nually to harmonize respective policies and regula-
tions, and to propose new legislation and regulations 
that increase the integration between the policies, per-
sons, and organizations comprising the national tech-
nology and industrial base. 
‘‘(3) DUTIES.—The National Technology and In-
dustrial Base Regulatory Council shall— 
‘‘(A) address and review issues related to 
industrial security, supply chain security, cyber-
security, regulating foreign direct investment 
and foreign ownership, control and influence 
mitigation, market research, technology assess-
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ment, and research cooperation within public 
and private research and development organiza-
tions and universities, technology and export 
control measures, acquisition processes and over-
sight, and management best practices; and 
‘‘(B) establish a mechanism for national 
technology and industrial base members to raise 
disputes that arise within the national tech-
nology and industrial base at a government-to- 
government level.’’. 
(d) RECOMMENDATIONS FOR ADDITIONAL MEMBERS 
OF THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.— 
(1) IN GENERAL.—The Secretary of Defense shall 
establish a process to consider the inclusion of addi-
tional member nations in the national technology and 
industrial base. 
(2) ELEMENTS.—The process developed under 
paragraph (1) shall include— 
(A) analysis of the national security costs 
and benefits to the United States and allies of 
the inclusion of such additional member nation 
in the national technology and industrial base; 
(B) analysis of the economic costs and bene-
fits to entities within the United States and al-
lies of the inclusion of such additional member
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† HR 6395 EAS 
nation into the national technology and indus-
trial base, including an assessment of— 
(i) specific shortfalls in the techno-
logical and industrial capacities of current 
member nations of the national technology 
and industrial base that would be addressed 
by inclusion of such additional member na-
tion; and 
(ii) specific areas in the industrial 
bases of current member nations of the na-
tional technology and industrial base that 
would likely be impacted by additional 
competition if such additional nation were 
included in the national technology and in-
dustrial base; and 
(C) analysis of other factors as determined 
relevant by the Secretary. 
(3) RECOMMENDED LEGISLATION.— 
(A) IN GENERAL.—The Secretary of Defense 
may submit legislative proposals to Congress to 
add new nations to the national technology and 
industrial base. 
(B) ELEMENTS.—Proposals submitted pur-
suant to subparagraph (A) shall include the fol-
lowing elements:
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(i) A summary of the analyses per-
formed pursuant to subsection (d)(2). 
(ii) A set of metrics to assess the na-
tional security and economic benefits that 
such inclusion is expected to accrue to enti-
ties within the United States and allied na-
tions. 
(4) REPORT.—Not later than 540 days after the 
date of the enactment of this Act, the Secretary shall 
submit to the congressional defense committees a re-
port with recommendations regarding whether to in-
clude in the national technology and industrial base 
each country with which the United States maintains 
a mutual defense treaty, a reciprocal defense procure-
ment agreement, or other defense cooperation agree-
ment. The report shall be based on assessments con-
ducted using the process established under paragraph 
(1) and shall include, for each country recommended 
for inclusion, the information specified in paragraph 
(3)(B).
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SEC. 804. MODIFICATION OF FRAMEWORK FOR MODERN-
IZING ACQUISITION PROCESSES TO ENSURE 
INTEGRITY OF INDUSTRIAL BASE. 
Section 2509 of title 10, United States Code, as added 
by section 845(a) of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92), is amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘, such as those identi-
fied through the Department of Defense’s 
supply chain risk management process and 
by the Federal Acquisition Security Coun-
cil, and’’ after ‘‘supply chain risks’’; and 
(ii) in clause (ii), by striking ‘‘(other 
than optical transmission components)’’; 
(B) in subparagraph (C)— 
(i) in clause (x), by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) by redesignating clause (xi) as 
clause (xii); and 
(iii) by inserting after clause (x) the 
following new clause: 
‘‘(xi) processes and procedures related to 
supply chain risk management, including those 
implemented pursuant to section 806 of the Ike 
Skelton National Defense Authorization Act for
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Fiscal Year 2011 (Public Law 111–383; 10 
U.S.C. 2304 note); and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(E) Characterization and assessment of indus-
trial base support policies, programs, and procedures, 
including— 
‘‘(i) limitations and acquisition guidance 
relevant to the national technology and indus-
trial base (as defined in section 2500(1) of this 
title); 
‘‘(ii) limitations and acquisition guidance 
relevant to section 2533a of this title; 
‘‘(iii) the Industrial Base Analysis and 
Sustainment program, including direct support 
and common design activities; 
‘‘(iv) the Small Business Innovation Re-
search program; 
‘‘(v) the Department of Defense Manufac-
turing Technology program; 
‘‘(vi) programs related to the Defense Pro-
duction Act of 1950 (50 U.S.C. 4511 et seq.); 
‘‘(vii) the Trusted Capital Marketplace pro-
gram; and
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‘‘(viii) programs in the military services.’’; 
and 
(2) in subsection (f)(2), by inserting ‘‘, and sup-
porting policies, procedures, and guidance’’ after 
‘‘pursuant to subsection (b)’’. 
SEC. 805. ASSESSMENTS OF INDUSTRIAL BASE CAPABILI-
TIES AND CAPACITY. 
(a) ASSESSMENTS.—The Secretary of Defense shall de-
fine intelligence and other information requirements, 
sources, and organizational responsibilities for assessing 
foreign adversary technological and industrial bases and 
conducting comparative analyses of such technological and 
industrial bases. The requirements, sources, and responsibil-
ities shall include— 
(1) examining the competitive advantages for-
eign adversaries are pursuing, including with respect 
to regulation, raw materials, educational capacity, 
labor, and capital accessibility; 
(2) assessing relative cost, speed of product devel-
opment, age and value of the installed capital base, 
leadership’s technical competence and agility, nation-
ally imposed inhibiting conditions, the availability of 
human and material resources, and the burdens of 
government oversight;
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(3) a temporal evaluation of the competitive 
strengths and weaknesses of United States industry, 
including manufacturing surge capacity, versus the 
directed priorities and capabilities of foreign adver-
sary governments; and 
(4) assessing any other issues that the Secretary 
of Defense determines appropriate. 
(b) METHODOLOGY.—The Deputy Assistant Secretary 
of Defense for Industrial Policy shall incorporate inputs 
pursuant to subsection (a) as part of a methodology to con-
tinuously assess domestic and foreign industries, markets, 
and companies of significance to military and industrial 
advantage to identify supply chain vulnerabilities. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than March 15, 
2021, the Secretary of Defense shall submit to the con-
gressional defense committees a report on efforts to es-
tablish the continuous assessment activity required 
under subsections (a) and (b). 
(2) ELEMENTS.—The report submitted under 
paragraph (1) shall include a consideration of wheth-
er it would be appropriate to task some of the assess-
ment work to an organization independent of the De-
partment, and any recommendations regarding which 
organization should perform such work.
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SEC. 806. ANALYSES OF CERTAIN MATERIALS AND TECH-
NOLOGY SECTORS FOR ACTION TO ADDRESS 
SOURCING AND INDUSTRIAL CAPACITY. 
(a) ANALYSES REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense, act-
ing through the Undersecretary for Acquisition and 
Sustainment and other appropriate officials, shall re-
view the materials, processes, and technology sectors 
under subsection (c) to determine and develop appro-
priate actions, consistent with the policies, programs, 
and activities required under chapter 148 of title 10, 
United States Code, including— 
(A) restricting procurement, with appro-
priate waivers for cost, emergency requirements, 
and non-availability of suppliers, including re-
stricting procurement to— 
(i) suppliers in the United States; 
(ii) suppliers in the national tech-
nology and industrial base (as defined in 
section 2500(1) of title 10, United States 
Code); 
(iii) suppliers in other allied nations; 
or 
(iv) other suppliers; 
(B) increasing investment to expand capac-
ity or diversifying sources of supply or alter-
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native approaches to addressing military re-
quirements, through use of research and develop-
ment or procurement activities and acquisition 
authorities; 
(C) taking a combination of actions de-
scribed under subparagraphs (A) and (B); or 
(D) taking no actions, restrictions, or addi-
tional investment. 
(2) CONSIDERATIONS.—The analyses conducted 
pursuant to paragraph (1) shall consider national se-
curity, economic, and treaty implications, as well as 
impacts on current and potential suppliers of goods 
and services. 
(b) RECOMMENDATIONS.—The analyses conducted 
pursuant to subsection (a) shall be used to inform policy, 
agreements, guidance and reporting requirements under 
chapter 148 of title 10, United States Code, including— 
(1) the annual report to Congress required under 
section 2504 of such title; 
(2) the annual report on unfunded priorities of 
the national technology and industrial base required 
under section 2504a of such title; 
(3) Department of Defense technology and indus-
trial base policy guidance prescribed under section 
2506 of such title;
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(4) activities to modernize acquisition processes 
to ensure integrity of industrial base pursuant to sec-
tion 2509 of such title; 
(5) defense memoranda of understanding and re-
lated agreements considered in accordance with sec-
tion 2531 of such title; 
(6) other requirements as appropriate. 
(c) MATERIALS, TECHNOLOGIES, AND PROCESSES OF 
INTEREST.—The Secretary of Defense shall prioritize un-
dertaking analyses and making recommendations under 
this section for the following goods and services: 
(1) Goods and services covered under existing re-
strictions, where a domestic non-availability deter-
mination has been made. 
(2) Critical technologies identified in the Na-
tional Defense Strategy. 
(3) Technologies and sectors identified in reports 
required regarding the defense industrial base. 
(4) Microelectronics. 
(5) Printed circuit boards and other electronics 
components. 
(6) Pharmaceuticals. 
(7) Medical devices. 
(8) Personal protective equipment. 
(9) Rare earth materials.
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(10) Synthetic graphite. 
(11) Coal-based rayon carbon fibers. 
(12) Aluminum. 
SEC. 807. MICROELECTRONICS MANUFACTURING STRAT-
EGY. 
(a) IN GENERAL.—Not later than January 1, 2021, 
the Deputy Secretary of Defense, in consultation with the 
Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment, the Under Secretary for Research and Engi-
neering, and the Director of the Defense Advanced Research 
Projects Agency, shall submit to the Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff a strategy 
to manufacture state-of-the art integrated circuits in the 
United States within a period of three to five years that 
includes a plan to explore and evaluate options for re-estab-
lishing microelectronics foundry services and the industrial 
capabilities associated with such services. 
(b) ELEMENTS.—In developing the strategy required 
under subsection (a), the Under Secretary shall consider— 
(1) multiple models of public-private partner-
ships to execute the strategy; 
(2) processes and criteria for competitive selec-
tion of commercial companies, including companies 
headquartered in allied and partner countries, to pro-
vide design, foundry and assembly, and packaging
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services and to build and operate the industrial capa-
bilities associated with such services; 
(3) the role that the broader Federal Government 
should play in organizing and supporting the strat-
egy, including any required direct or indirect funding 
support, or legislative and regulatory actions, includ-
ing restricting procurements to domestic sources, and 
providing anti-trust and export control relief; and 
(4) all potential funding sources and mecha-
nisms for initial and sustaining investments. 
(c) SUBMISSION OF STRATEGY TO PRESIDENT.—Not 
later February 1, 2021, the Secretary of Defense shall sub-
mit the strategy, together with any views and recommenda-
tions, and an estimated budget to implement the strategy, 
to the President, the National Security Council, and the Na-
tional Economic Council. 
(d) BRIEFING.—Not later than March 1, 2021, the Sec-
retary of Defense shall submit the strategy to and brief the 
congressional defense committees on the strategy and the 
Secretary’s recommendations. 
SEC. 808. ADDITIONAL REQUIREMENTS PERTAINING TO 
PRINTED CIRCUIT BOARDS. 
(a) PURCHASES.—Not later than one year after the 
date of enactment of this Act, the Secretary of Defense shall 
require for new contracts or other acquisition activities that
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contractors, or subcontractors at any tier, that provide cov-
ered printed circuit boards for use by the Department of 
Defense certify that, of the total value of the covered printed 
circuit boards provided by the contractor or subcontractor 
pursuant to a contract or subcontract with the Department 
of Defense, not less than the percentages set forth in sub-
section (b) were manufactured and assembled within a cov-
ered nation. 
(b) IMPLEMENTATION.— 
(1) ESTABLISHMENT
OF
REQUIRED
PERCENT-
AGES.—In establishing the certification process under 
subsection (a), the Secretary shall establish and pub-
lish increasing percentages of values of the covered 
printed circuit boards under subsection (a) to be com-
plied with by appropriate contractors and subcontrac-
tors, based on— 
(A) assessment of covered nation capacity to 
supply printed circuit boards, over time; 
(B) assessment of threats to national secu-
rity capabilities from use of printed circuit 
boards from non-covered nations; 
(C) economic benefits accrued by non-cov-
ered nations which would otherwise be accrued 
by covered nations;
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(D) achieving a goal of production of 100 
percent of manufacture and assembly of printed 
circuit boards in covered nations within ten 
years; and 
(E) other criteria as determined appro-
priate. 
(2) MINIMUM
PERCENTAGES.—The percentages 
established by the Secretary under this subsection 
shall, in any case, be equal to or greater than, unless 
specifically directed by the Secretary for an indi-
vidual contract or subcontract— 
(A) 25 percent by October 1, 2023; 
(B) 50 percent by October 1, 2025; 
(C) 75 percent by October 1, 2029; and 
(D) 100 percent by October 1, 2032. 
(3) LIMITED EXCEPTIONS.—If the Secretary of 
Defense directs that a specific contract or subcontract 
is required to comply with a different percentage than 
those prescribed under this subsection, the Secretary 
shall notify the congressional defense committees not 
later than 30 days after such direction is issued, 
along with a rationale for the changed percentage. 
(c) REMEDIATION.—In the event that a contractor or 
subcontractor is unable to complete the certification re-
quired under subsection (a), the Secretary may accept cov-
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ered printed circuit boards from the contractor or subcon-
tractor for an appropriate time period, not to exceed 18 
months over a five-year period, while requiring the con-
tractor to complete a remediation plan. Such a plan shall 
be submitted to the congressional defense committees and 
shall require the contractor or subcontractor to— 
(1) audit its supply chain to identify any areas 
of security vulnerability and compliance with section 
224 of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 119–92); and 
(2) meet the requirements of subsection (a) with-
in in an expedited fashion after the initial missed 
certification deadline to address national security 
threats. 
(d) WAIVER.—A contractor may request that the Sec-
retary of Defense waive the requirement for certification, 
and the Secretary may grant such a waiver, if the Secretary 
has conclusively determined that— 
(1) there are no significant national security 
concerns regarding counterfeiting, quality, or unau-
thorized access created by any covered printed circuit 
boards provided to the Department of Defense by the 
contractor in the fiscal year under the certification 
requirement or the previous fiscal year;
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(2) the contractor is otherwise in compliance 
with all relevant cybersecurity provisions relating to 
members of the defense industrial base, including sec-
tion 244 of the National Defense Authorization Act 
for Fiscal Year 2020; and 
(3) the waiver is required to support national se-
curity needs, particularly with respect to acquisitions 
of commercial items. 
(e) AVAILABILITY AND COST EXCEPTIONS.—Subsection 
(a) shall not apply to the extent that the Secretary of De-
fense or the Secretary of the military department concerned 
determines that covered printed circuit boards of satisfac-
tory quality and sufficient quantity, in the required form, 
cannot be procured as and when needed from covered na-
tions at reasonable cost, excluding comparisons with non- 
market economies, or in time to meet an operational re-
quirement. 
(f) DEFINITIONS.—In this section— 
(1) the term ‘‘covered printed circuit board’’ 
means any printed circuit board that is a— 
(A) noncommercial item; or 
(B) commercial or commercially available 
off-the-shelf item that transmits or stores na-
tional security sensitive information for— 
(i) telecommunications;
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(ii) data communications; 
(iii) data storage; 
(iv) medical applications; 
(v) networking; 
(vi) fifth-generation cellular commu-
nications; 
(vii) computing; 
(viii) radar; 
(ix) munitions; or 
(x) any other system that the Secretary 
of Defense determines should be covered 
under this section; and 
(2) the term ‘‘covered nation’’ means— 
(A) the United States; 
(B) a member nation of the national tech-
nology and industrial base under section 2500 of 
title 10, United States Code; or 
(C) a nation that has agreed, in compliance 
with section 36 of the Arms Export Control Act 
(22 U.S.C. 2776) and section 2457 of title 10, 
United States Code— 
(i) to comply with agreements with 
foreign governments requiring the United 
States to purchase supplies from foreign 
sources for the purposes of offsetting sales
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made by the United States Government or 
United States firms under approved pro-
grams serving defense requirements; or 
(ii) along with the United States Gov-
ernment, to remove barriers to purchases of 
supplies produced in the other country or 
services performed by sources of the other 
country; or 
(D) any country, other than the People’s 
Republic of China, the Russian Federation, Iran, 
or the Democratic People’s Republic of Korea, 
that the Secretary designates, upon a determina-
tion to be published in the Federal Register, that 
accepting covered printed circuit boards from 
which— 
(i) is in the national security interests 
of the United States; and 
(ii) does not pose a significant risk to 
national security systems. 
(g) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to prohibit the Department of Defense 
from entering into a contract with an entity that connects 
to the facilities of a third party, for the purposes of 
backhaul, roaming, or interconnection arrangements, on the
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basis of the third party’s noncompliance with the provisions 
of this section. 
SEC. 809. STATEMENT OF POLICY WITH RESPECT TO SUP-
PLY OF STRATEGIC MINERALS AND METALS 
FOR DEPARTMENT OF DEFENSE PURPOSES. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States that the Department of Defense shall pursue 
the following goals: 
(1) Ensure, by 2030, secure sources of supply of 
strategic minerals and metals that will— 
(A) fully meet the demands of the domestic 
defense industrial base; 
(B) eliminate the dependence of the United 
States on unsecure sources of supply of strategic 
minerals and metals; and 
(C) ensure that the Department of Defense 
is not reliant upon unsecure sources of supply 
for the processing or manufacturing of any stra-
tegic mineral and metal deemed essential to na-
tional security by the Secretary of Defense. 
(2) Provide incentives for the defense industrial 
base to develop robust processing and manufacturing 
capabilities in the United States to refine strategic 
minerals and metals for Department of Defense pur-
poses.
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(3) Maintain secure sources of supply of strategic 
minerals and metals required to maintain current 
military requirements in the event that international 
supply chains are disrupted. 
(4) Achieve the goals described in paragraphs (1) 
through (3) through, among other methods— 
(A) the continued and expanded use of ex-
isting programs, such as the National Defense 
Stockpile administered by the Defense Logistics 
Agency; and 
(B) the continued use of authorities under 
title III of the Defense Production Act of 1950 
(50 U.S.C. 4531 et seq.). 
(b) STRATEGIC MINERALS AND METALS.—For pur-
poses of this section, strategic minerals and metals include 
critical minerals, as defined pursuant to Executive Order 
13817. 
SEC. 810. REPORT ON STRATEGIC AND CRITICAL MINERALS 
AND METALS. 
(a) REPORT REQUIRED.—Not later than June 30, 
2021, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report on the results of a study, conducted 
for purposes of this section, concerning strategic and crit-
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ical minerals and metals and vulnerabilities in supply 
chains of such minerals and metals. 
(b) STRATEGIC AND CRITICAL MINERALS AND MET-
ALS.—For purposes of this section, strategic and critical 
minerals and metals are minerals and metals, including 
rare earth elements, that are necessary to meet national de-
fense and national security requirements, including supply 
chain resiliency, and for the economic security of the United 
States. 
(c) ELEMENTS.—The study required for purposes of 
the report under subsection (a) shall do the following: 
(1) Identify the strategic and critical minerals 
and metals that are currently utilized by the Depart-
ment of Defense. 
(2) To the extent practicable, identify the overall 
annual tonnage of each strategic or critical mineral 
or metal identified pursuant to paragraph (1) that 
was utilized by the Department during the 10-year 
period ending on December 31, 2020. 
(3) Identify domestic and international sources 
for the strategic and critical minerals and metals 
identified pursuant to paragraph (1). 
(4) Identify risks to access to the strategic and 
critical minerals and metals identified pursuant to
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identified pursuant to paragraph (1) in an economic 
and secure manner. 
(10) In consultation with the United States Geo-
logical Survey, identify domestic locations already 
verified to contain large supplies of strategic and crit-
ical minerals and metals identified pursuant to para-
graph (1) with existing commercial manufacturing 
interest. 
(11) Address any other matter relating to stra-
tegic and critical minerals and metals that the Sec-
retary considers appropriate. 
(d) FORM.—The report required by subsection (a) shall 
be submitted in unclassified form, but may include a classi-
fied annex. 
SEC. 811. STABILIZATION OF SHIPBUILDING INDUSTRIAL 
BASE WORKFORCE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the Department of the Navy must explore and identify 
solutions, in consultation with the Department of Labor, 
to enhance shipbuilding workforce stability and ensure in-
dustry preparedness to construct the 355-ship fleet. 
(b) WORKING GROUP TO STABILIZE SHIPBUILDING IN-
DUSTRIAL BASE WORKFORCE.— 
(1) IN GENERAL.—The Secretary of the Navy 
shall form a working group with the Secretary of
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Labor for the purpose of enhancing integration of 
programs, resources, and expertise to strengthen the 
shipbuilding industrial base, as well as to provide 
recommendations to Congress, to better stabilize the 
shipbuilding industrial base workforce and determine 
appropriate solutions for workforce fluctuations. 
(2) DUTIES.—The working group shall carry out 
the following activities related to the ongoing chal-
lenges with workforce stability: 
(A) Analyze existing Department of the 
Navy contracts with the shipbuilding industry 
and other relevant information to better antici-
pate future employment trends and tailor work-
force resources and opportunities for workers 
most vulnerable to upcoming workforce fluctua-
tions. 
(B) Identify existing Department of Labor 
programs for unemployed, underemployed, and 
furloughed employees that could benefit the ship-
building industrial base workforce during times 
of workload fluctuations and workforce insta-
bility, and explore potential partnerships to con-
nect employees with appropriate resources. 
(C) Explore possible cost sharing agree-
ments to enable the Department of the Navy to
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contribute funding to existing Department of 
Labor workforce programs to support the ship-
building workforce. 
(D) Examine possible programs that will 
specifically assist furloughed employees who may 
sporadically rely on unemployment benefits. 
(E) Explore opportunities for unemployed, 
underemployed, or furloughed employees to pro-
vide workforce training through temporary part-
nerships with States, technical schools, commu-
nity colleges, and other local workforce develop-
ment opportunities. 
(F) Review existing training programs for 
the shipbuilding workforce to maximize relevant 
and necessary training opportunities that would 
broaden employee skillset during times of unem-
ployment, underemployment, or furlough, where 
applicable. 
(G) Assess the possibility of shipbuilding 
worker support programs to weather a period of 
unemployment, underemployment, or furlough, 
including compensation options, alternative em-
ployment, temporary stipends, or other worker 
support opportunities.
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(H) Study cross-State credentialing require-
ments and identify any restrictions that inhibit 
the flexibility of the shipbuilding workforce to 
seek employment opportunities across State lines, 
and make recommendations to streamline licens-
ing, credentialing, certification, and qualifica-
tion requirements within the shipbuilding indus-
try. 
(I) Review additional or new contracting 
authorities that could enable the Department of 
the Navy to award short-term, flexible contracts 
that will prioritize work for unemployed, under-
employed, or furloughed employees within the 
shipbuilding workforce. 
(J) Identify specific workforce support pro-
grams to support suppliers of all sizes within the 
shipbuilding industrial base, and assess any ad-
ditional support from prime contractors that 
would improve the stability of such suppliers. 
(K) Assess whether greater collaboration 
with the United States Coast Guard and its 
shipbuilding 
contractors 
and 
subcontractors 
would improve workforce stability by assessing a 
totality of shipbuilding demands.
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(L) Consider potential pilot programs that 
will specifically address shipbuilding industrial 
base workforce stability. 
(M) Explore any additional opportunities 
to invest in recruiting, retaining, and training 
a skilled shipbuilding workforce. 
(N) Consider and incorporate the findings 
and recommendations, as appropriate, of the re-
port on shipbuilder training and the defense in-
dustrial base required under section 1037 of the 
National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92). 
(3) NOTIFICATION REQUIREMENT REGARDING ES-
TABLISHMENT AND STRUCTURE.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of the Navy, in coordination with the Sec-
retary of Labor, shall notify the congressional defense 
committees regarding the membership and structure 
of the working group. 
(4) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of the 
Navy, in consultation with the Secretary of Labor, 
shall submit to the congressional defense committees, 
the Committee on Health, Education, Labor, and 
Pensions of the Senate, and the Committee on Edu-
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cation and Labor of the House of Representatives a 
report with the findings and recommendations of the 
working group. 
SEC. 812. MISCELLANEOUS LIMITATIONS ON THE PROCURE-
MENT 
OF 
GOODS 
OTHER 
THAN 
UNITED 
STATES GOODS. 
Section 2534 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) by striking paragraphs (2) through (5); 
(B) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) COMPONENTS FOR NAVAL VESSELS.— 
‘‘(A) Vessel propellers with a diameter of six 
feet or more. 
‘‘(B) The following components of vessels, to 
the extent they are unique to marine applica-
tions: gyrocompasses, electronic navigation chart 
systems, steering controls, propulsion and ma-
chinery control systems, and totally enclosed life-
boats.’’; 
(C) by redesignating paragraph (6) as 
paragraph (3); and
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(D) in paragraph (3), as redesignated by 
subparagraph (C), by striking ‘‘(k)’’ and insert-
ing ‘‘(j)’’; 
(2) in subsection (b)— 
(A) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); and 
(B) in paragraph (2), as redesignated by 
subparagraph 
(A), 
by 
striking 
‘‘subsection 
(a)(3)(A)(iii)’’ 
and 
inserting 
‘‘subsection 
(a)(2)(A)’’; 
(3) in subsection (c)— 
(A) by striking ‘‘ITEMS.’’ and all that fol-
lows through ‘‘Subsection (a) does not apply’’ in 
paragraph (1) and inserting ‘‘ITEMS.—Sub-
section (a) does not apply’’; and 
(B) by striking paragraphs (2) though (5); 
(4) in subsection (g)— 
(A) by striking ‘‘(1) This section’’ and in-
serting ‘‘This section’’; and 
(B) by striking paragraph (2); 
(5) in subsection (h), by striking ‘‘subsection 
(a)(3)(B)’’ and inserting ‘‘subsection (a)(2)(B)’’; 
(6) in subsection (i)(3), by striking ‘‘Acquisition, 
Technology, and Logistics’’ and inserting ‘‘Acquisi-
tion and Sustainment’’;
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(7) by striking subsection (j); and 
(8) by redesignating the first subsection des-
ignated subsection (k) as subsection (j). 
SEC. 813. USE OF DOMESTICALLY SOURCED STAR TRACK-
ERS IN NATIONAL SECURITY SATELLITES. 
(a) IN GENERAL.— Except as provided in subsection 
(a), any acquisition executive of the Department of Defense 
who approves a contract for a national security satellite 
after October 1, 2021, shall require any star tracker system 
included in the design of such national security satellite to 
be domestically sourced. 
(b) EXCEPTIONS.— The application of subsection (a) 
may be waived if the acquisition executive certifies in writ-
ing that— 
(1) there is no available domestically sourced 
star tracker system that meets the national security 
satellite systems mission and design requirements; 
(2) the cost of the available domestically sourced 
star tracker system is unreasonably priced based on 
a market survey; or 
(3) an urgent and compelling national security 
need exists to necessitate a foreign-made star tracker. 
(c) NATIONAL SECURITY SATELLITE DEFINED.— In 
this section, ‘‘national security satellite’’ is a satellite the
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principle purpose of which is to support the national secu-
rity needs of the United States Government. 
SEC. 814. MODIFICATION TO SMALL PURCHASE THRESHOLD 
EXCEPTION TO SOURCING REQUIREMENTS 
FOR CERTAIN ARTICLES. 
Subsection (h) of section 2533a of title 10, United 
States Code, is amended to read as follows: 
‘‘(h) EXCEPTION
FOR
SMALL
PURCHASES.—Sub-
section (a) does not apply to purchases for amounts not 
greater than $150,000. A proposed purchase or contract for 
an amount greater than $150,000 may not be divided into 
several purchases or contracts for lesser amounts in order 
to qualify for this exception. On October 1 of each year 
evenly divisible by 5, the Secretary of Defense may adjust 
the dollar threshold in this subsection based on changes in 
the Consumer Price Index. The Secretary shall publish no-
tice of any such adjustment in the Federal Register, and 
the new price threshold shall take effect on the date of publi-
cation.’’.
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Subtitle B—Acquisition Policy and 
Management 
SEC. 831. REPORT ON ACQUISITION RISK ASSESSMENT AND 
MITIGATION AS PART OF ADAPTIVE ACQUISI-
TION FRAMEWORK IMPLEMENTATION. 
(a) SERVICE ACQUISITION EXECUTIVES INPUT.—The 
Service Acquisition Executives shall report to the Secretary 
of Defense, the Under Secretary of Defense for Acquisition 
and Sustainment, the Under Secretary of Defense for Re-
search and Engineering, and the Chief Information Officer 
of the Department of Defense how they are assessing, miti-
gating, and reporting on the following risks in acquisition 
programs: 
(1) Technical risks in engineering, software, 
manufacturing and testing. 
(2) Integration and interoperability risks, in-
cluding complications related to systems working 
across multiple domains while using machine learn-
ing and artificial intelligence capabilities to continu-
ously change and optimize system performance. 
(3) Operations and sustainment risks, including 
as mediated by access to technical data and intellec-
tual property rights.
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(4) Workforce and training risks, including con-
sideration of the role of contractors as part of the 
total workforce. 
(5) Supply chain risks, including cybersecurity, 
foreign control and ownership of key elements of sup-
ply chains, and the consequences a fragile and weak-
ening defense industrial base, combined with barriers 
to industrial cooperation with allies and partners 
pose for delivering systems and technologies in a 
trusted and assured manner. 
(b) REPORT TO CONGRESS.—Not later than March 31, 
2021, the Under Secretary of Defense for Acquisition and 
Sustainment shall submit to the congressional defense com-
mittees a report including— 
(1) the input received from the Service Acquisi-
tion Executives pursuant to subsection (a); and 
(2) the views of the Under Secretary with respect 
to the matters described in paragraphs (1) through 
(5) of such subsection. 
SEC. 832. COMPTROLLER GENERAL REPORT ON IMPLEMEN-
TATION 
OF 
SOFTWARE 
ACQUISITION 
RE-
FORMS. 
(a) IN GENERAL.—Not later than March 15, 2021, the 
Comptroller General of the United States shall brief the con-
gressional defense committees on the implementation by the
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Department of Defense of required acquisition reforms with 
respect to acquiring software for weapon systems, business 
systems, and other activities that are part of the defense 
acquisition system, with a report, or reports, to follow as 
agreed upon by the committees and the Comptroller Gen-
eral. 
(b) ELEMENTS.—The briefing and report, or reports, 
required under subsection (a) shall include an assessment 
of the extent to which the Department of Defense has imple-
mented requirements related to the following: 
(1) Software acquisition studies and their imple-
mentation, including pursuant to section 872 of the 
National Defense Authorization Act for Fiscal Year 
2018 (Public Law 115–91; Defense Innovation Board 
analysis of software acquisition regulations), section 
868 of the John S. McCain National Defense Author-
ization Act for Fiscal Year 2019 (Public Law 115– 
232; implementation of recommendations of the final 
report of the Defense Science Board Task Force on the 
Design and Acquisition of Software for Defense Sys-
tems). 
(2) Software acquisition activities pursuant to 
section 2322a of title 10, United States Code (related 
to consideration of certain maters during the acquisi-
tion of noncommercial computer software), section
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875 of the National Defense Authorization Act for 
Fiscal Year 2018 (Public Law 115–91; pilot program 
for open source software), and section 800 of the Na-
tional Defense Authorization Act for Fiscal Year 2020 
(Public Law 116–92, related to continuous integra-
tion and delivery of software applications and up-
grades to embedded systems). 
(3) Software acquisition pilots, including the 
pilot program pursuant to section 873 of the National 
Defense Authorization Act for Fiscal Year 2018 (Pub-
lic Law 115–91; relating to the use of agile or 
iterative development methods to tailor major soft-
ware-intensive warfighting systems and defense busi-
ness systems) and the pilot program pursuant to sec-
tion 874 of such Act (relating to using agile best 
practices for software development). 
(c) ASSESSMENT OF ACQUISITION POLICY, GUIDANCE, 
AND PRACTICES.—Each report under subsection (a) should 
include an assessment of the extent to which Department 
of Defense software acquisition policy, guidance, and prac-
tices reflect implementation of relevant recommendations 
from related studies, pilot programs, and directives from 
the congressional defense committees. 
(d) MODIFICATION
OF REQUIREMENTS
FOR COMP-
TROLLER GENERAL ASSESSMENT OF ACQUISITION PRO-
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GRAMS AND INITIATIVES.—Section 2229b(b)(2) of title 10, 
United States Code, is amended by striking ‘‘a summary 
of organizational and legislative changes and emerging as-
sessment methodologies since the last assessment, and a dis-
cussion of the implications’’ and inserting ‘‘a discussion of 
selected organizational, policy, and legislative changes, as 
determined appropriate by the Comptroller General, and 
the potential implications’’. 
(e) DEFENSE ACQUISITION SYSTEM DEFINED.—In 
this section, the term ‘‘defense acquisition system’’ has the 
meaning given that term in section 2545(2) of title 10, 
United States Code. 
Subtitle C—Amendments to General 
Contracting Authorities, Proce-
dures, and Limitations 
SEC. 841. AUTHORITY TO ACQUIRE INNOVATIVE COMMER-
CIAL PRODUCTS AND SERVICES USING GEN-
ERAL SOLICITATION COMPETITIVE PROCE-
DURES. 
(a) AUTHORITY.— 
(1) IN
GENERAL.—Chapter 140 of title 10, 
United States Code, is amended by adding at the end 
the following new section:
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‘‘§ 2380c. Authority to acquire innovative commercial 
products and services using general solic-
itation competitive procedures 
‘‘(a) AUTHORITY.—The Secretary of Defense may ac-
quire innovative commercial products and services through 
a competitive selection of proposals resulting from a general 
solicitation and the peer review of such proposals. 
‘‘(b) TREATMENT AS COMPETITIVE PROCEDURES.— 
Use of general solicitation competitive procedures under 
subsection (a) shall be considered to be use of competitive 
procedures for purposes of chapter 137 of this title. 
‘‘(c) LIMITATIONS.—(1) The Secretary may not enter 
into a contract or agreement in excess of $100,000,000 using 
the authority under subsection (a) without a written deter-
mination from the Under Secretary of Defense for Acquisi-
tion and Sustainment or the relevant service acquisition ex-
ecutive of the efficacy of the effort to meet mission needs 
of the Department of Defense or the relevant military de-
partment. 
‘‘(2) Contracts or agreements entered into using the 
authority under subsection (a) shall be fixed-price, includ-
ing fixed-price incentive fee contracts. 
‘‘(3) Notwithstanding section 2376(1) of this title, 
products and services acquired using the authority under 
subsection (a) shall be treated as commercial products and 
services.
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‘‘(d) CONGRESSIONAL NOTIFICATION REQUIRED.—(1) 
Not later than 45 days after the award of a contract for 
an amount exceeding $100,000,000 using the authority in 
subsection (a), the Secretary of Defense shall notify the con-
gressional defense committees of such award. 
‘‘(2) Notice of an award under paragraph (1) shall in-
clude the following: 
‘‘(A) Description of the innovative commercial 
product or service acquired. 
‘‘(B) Description of the requirement, capability 
gap, or potential technological advancement with re-
spect to which the innovative commercial product or 
service acquired provides a solution or a potential 
new capability. 
‘‘(C) Amount of the contract awarded. 
‘‘(D) Identification of contractor awarded the 
contract. 
‘‘(e) INNOVATIVE DEFINED.—. In this section, the term 
’innovative’ means— 
‘‘(1) any technology, process, or method, includ-
ing research and development, that is new as of the 
date of submission of a proposal; or 
‘‘(2) any application that is new as of the date 
of submission of a proposal of a technology, process, 
or method existing as of such date.’’.
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 140 of title 10, 
United States Code, is amended by inserting after the 
item relating to section 2380b the following new item: 
‘‘2380c. Authority to acquire innovative commercial products and services using 
general solicitation competitive procedures.’’. 
(b) REPEAL OF OBSOLETE AUTHORITY.—Section 879 
of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 10 U.S.C. 2302 note) is hereby 
repealed. 
SEC. 842. TRUTH IN NEGOTIATIONS ACT THRESHOLD FOR 
DEPARTMENT OF DEFENSE CONTRACTS. 
Section 2306a(a)(1) of title 10, United States Code, 
is amended— 
(1) in subparagraph (B), by striking ‘‘contract 
if’’ and all that follows through clause (iii) and in-
serting ‘‘contract if the price adjustment is expected 
to exceed $2,000,000.’’; 
(2) in subparagraph (C), by striking ‘‘section 
and—’’ and all that follows through clause (iii) and 
inserting ‘‘section and the price of the subcontract is 
expected to exceed $2,000,000.’’; and 
(3) in subparagraph (D), by striking ‘‘sub-
contract if—’’ and all that follows through clause (ii) 
and inserting ‘‘subcontract if the price adjustment is 
expected to exceed $2,000,000.’’.
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SEC. 843. REVISION OF PROOF REQUIRED WHEN USING AN 
EVALUATION FACTOR FOR DEFENSE CON-
TRACTORS 
EMPLOYING 
OR 
SUBCON-
TRACTING WITH MEMBERS OF THE SELECTED 
RESERVE OF THE RESERVE COMPONENTS OF 
THE ARMED FORCES. 
Section 819 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3385; 
10 U.S.C. 2305 note) is amended— 
(1) by striking subsection (b); and 
(2) by redesignating subsection (c) as subsection 
(b). 
SEC. 844. CONTRACT AUTHORITY FOR ADVANCED DEVELOP-
MENT OF INITIAL OR ADDITIONAL PROTO-
TYPE UNITS. 
(a) IN GENERAL.—Section 2302e of title 10, United 
States Code, is amended— 
(1) in the heading, by striking ‘‘advanced de-
velopment’’ and inserting ‘‘development and 
demonstration’’; and 
(2) in subsection (a)(1), by striking ‘‘provision of 
advanced component development, prototype,’’ and in-
serting ‘‘development and demonstration’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 137 of title 10, United States Code,
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is amended by striking the item relating to section 2302e 
and inserting the following new item: 
‘‘2302e. Contract authority for development and demonstration of initial or addi-
tional prototype units.’’. 
SEC. 845. DEFINITION OF BUSINESS SYSTEM DEFICIENCIES 
FOR CONTRACTOR BUSINESS SYSTEMS. 
Section 893 of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111–383; 
10 U.S.C. 2302 note) is amended— 
(1) by striking ‘‘significant deficiencies’’ both 
places it appears and inserting ‘‘material weak-
nesses’’; 
(2) by striking ‘‘significant deficiency’’ each 
place it appears and inserting ‘‘material weakness’’; 
and 
(3) by amending paragraph (4) of subsection (g) 
to read as follows: 
‘‘(4) The term ‘material weakness’ means a defi-
ciency, or combination of deficiencies, in internal 
control over risks related to Government contract com-
pliance or other shortcomings in the system, such that 
there is a reasonable possibility that a material non-
compliance will not be prevented, or detected and cor-
rected, on a timely basis. A reasonable possibility ex-
ists when the likelihood of an event occurring is either 
reasonably possible, meaning the chance of the future
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event occurring is more than remote but less than 
likely, or is probable.’’. 
SEC. 846. REPEAL OF PILOT PROGRAM ON PAYMENT OF 
COSTS FOR DENIED GOVERNMENT ACCOUNT-
ABILITY OFFICE BID PROTESTS. 
Section 827 of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91) is repealed. 
Subtitle D—Provisions Relating to 
Major Defense Acquisition Pro-
grams 
SEC. 861. IMPLEMENTATION OF MODULAR OPEN SYSTEMS 
ARCHITECTURE REQUIREMENTS. 
(a) REQUIREMENTS FOR INTERFACE DELIVERY.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Under Sec-
retary of Defense for Acquisition and Sustainment, in 
coordination with the Joint All Domain Command 
and Control Cross Functional Team under the super-
vision of the Department of Defense Chief Informa-
tion Officer and the Joint Staff Director for Com-
mand, Control, Communications, and Computers/ 
Cyber, shall prescribe regulations and issue guidance 
to the military services, defense agencies and field ac-
tivities, and combatant commands, as appropriate, in 
order to—
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(A) facilitate the Department of Defense’s 
access to and utilization of system, major sub-
system, and major component software-defined 
interfaces; 
(B) fully meet the intent of chapter 144B of 
title 10, United States Code; and 
(C) advance the Department’s efforts to gen-
erate diverse and recomposable kill chains. 
(2) ELEMENTS.—The regulations and guidance 
required in subsection (a)(1) shall include, at a min-
imum— 
(A) requirements that each relevant pro-
gram office characterizes the desired modularity 
of the system for which it is responsible, either, 
in the case of major defense acquisition pro-
grams, in the acquisition strategy required under 
section 2431a of title 10, United States Code, or, 
in the case of other programs, via other docu-
mentation, including— 
(i) specification of which system, major 
subsystems, and major components should 
be able to execute without requiring coinci-
dent execution of other systems, major sub-
systems, and major components;
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(ii) a default configuration specifying 
which systems, major subsystems, and 
major components should communicate with 
other systems, major subsystems, and major 
components; and 
(iii) specification of what information 
should be communicated, the method of the 
communication, and the desired function of 
the communication; 
(B) requirements that relevant Department 
of Defense contracts include mandates for the de-
livery of system, major subsystem, and major 
component software-defined interfaces for sys-
tems, major subsystems, and major components 
deemed relevant in the acquisition strategy or 
documentation 
referred 
to 
in 
subsection 
(a)(2)(a), including— 
(i) software-defined interface syntax 
and properties, specifically governing how 
values are validly passed and received be-
tween major subsystems and components, in 
machine-readable format; 
(ii) a machine-readable definition of 
the relationship between the delivered inter-
face and existing common standards or
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interfaces available in the interface reposi-
tory of subsection (c), if appropriate and 
available, using interface field transform 
technology developed under the Defense Ad-
vanced Research Projects Agency System of 
Systems Technology Integration Tool Chain 
for 
Heterogeneous 
Electronic 
Systems 
(STITCHES) program or technology that is 
functionally similar; and 
(iii) documentation with functional de-
scriptions of software-defined interfaces, 
conveying semantic meaning of interface 
elements, such as the function of a given 
interface field; 
(C) requirements that relevant program of-
fices, including those responsible for maintaining 
and upgrading legacy systems, that have award-
ed contracts that do not include the requirements 
specified in subparagraph (B) of paragraph (2) 
nevertheless acquire the items specified in clauses 
(i) through (iii) of such subparagraph, either 
through contractual updates, separate negotia-
tions or contracts, or program management 
mechanisms; and
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(D) requirements that program offices de-
liver these interfaces and the associated docu-
mentation to the controlled repository established 
under subsection (c). 
(3) APPLICABILITY OF REGULATIONS AND GUID-
ANCE.— 
(A) APPLICABILITY.—The regulations and 
guidance required under subsection (a)(1) shall 
apply, at a minimum, to program offices respon-
sible 
for 
the 
prototyping, 
acquisition, 
or 
sustainment of new or existing cyber-physical 
weapon systems with software-defined interfaces, 
or with major subsystems or components with 
software-defined interfaces, developed or to be de-
veloped, wholly or in part with Federal funds, 
including those applicable program offices using 
other transaction authorities (OTA). 
(B) EXTENSION OF SCOPE.—One year after 
the promulgation of the regulations and guid-
ance required under subsection (a)(1) for cyber- 
physical systems, the Under Secretary of Defense 
for Acquisition and Sustainment shall extend the 
regulations and guidance to apply to purely soft-
ware systems, including business systems and cy-
bersecurity systems. The Secretary may make the
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regulations and guidance applicable, as prac-
ticable, to program offices responsible for the ac-
quisition of systems and capabilities under part 
12 of the Federal Acquisition Regulation and 
commercially available off the-the-shelf items. 
(C) INCLUSION OF SUBSYSTEMS AND COM-
PONENTS.—The major subsystems and compo-
nents covered under paragraph (2)(A) shall in-
clude all subsystems and components covered by 
contract line items. 
(b) RIGHTS IN INTERFACE SOFTWARE.— 
(1) REGULATIONS.—Not later than one year 
after the date of the enactment of this Act, the Under 
Secretary of Defense for Acquisition and Sustainment 
shall prescribe regulations to define the legitimate in-
terest of the United States and of a contractor or sub-
contractor in interface software. The regulations shall 
be included in regulations of the Department of De-
fense prescribed as part of the Defense Supplement to 
the Federal Acquisition Regulation. 
(2) LIMITATION ON REGULATIONS.—The regula-
tions prescribed pursuant to paragraph (1) may 
not— 
(A) impair any right of the United States 
or of any contractor or subcontractor with re-
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spect to patents or copyrights or any other right 
in software otherwise established by law; or 
(B) impair the right of a contractor or sub-
contractor to receive from a third party a fee or 
royalty for the use of software pertaining to an 
item or process developed exclusively at private 
expense by the contractor or subcontractor, except 
as otherwise specifically provided by law. 
(3) ELEMENTS.—Such regulations shall include 
the following provisions: 
(A) In the case of a software interface that 
is developed by a contractor or subcontractor ex-
clusively with Federal funds (other than an item 
developed under a contract or subcontract to 
which regulations under section 9(j)(2) of the 
Small Business Act (15 U.S.C. 638(j)(2)) apply), 
the United States shall have the unlimited and 
non-expiring right to use the software or release 
or disclose the software to persons outside the 
government or permit the use of the software by 
such persons. 
(B) In the case of a software interface that 
is developed in part with Federal funds and in 
part at private expense and except in any case 
in which the Secretary of Defense determines
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that negotiation of different rights in such soft-
ware would be in the best interest of the United 
States, the Government— 
(i) shall have Government-purpose 
rights to the software interface, and, in ad-
dition, may release or disclose the software 
interface, or authorize others to do so, if— 
(I) prior to release or disclosure, 
the intended recipient is subject to an 
exclusive for-Government-use and non- 
disclosure agreement; 
(II) the intended recipient is a 
Government contractor receiving access 
to the interface for the performance of 
a Government contract; and 
(III) the intended use is for the 
purpose of system, major subsystem, 
and 
major 
component 
segregation, 
interoperability, integration, or re-
integration; and 
(ii) may not use, or authorize other 
persons to use, interface software for com-
mercial purposes. 
(C) In the case of a software interface that 
is developed exclusively at private expense, the
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Government shall negotiate with the contractor 
or the subcontractor to best achieve, if practical, 
Government-purpose rights to the software inter-
face and rights to release or disclose the software 
interface, or authorize others to do so, if— 
(i) prior to release or disclosure, the 
intended recipient is subject to an exclusive 
for-Government 
use 
and 
non-disclosure 
agreement; 
(ii) the intended recipient is a Govern-
ment contractor receiving access to the 
interface for the performance of a Govern-
ment contract; and 
(iii) the intended use is for the purpose 
of system, major subsystem, and major com-
ponent segregation, interoperability, inte-
gration and reintegration. 
(c) INTERFACE REPOSITORY.— 
(1) ESTABLISHMENT.—The Under Secretary of 
Defense for Acquisition and Sustainment shall estab-
lish and maintain, at the appropriate classification 
level, an interface repository for interfaces, syntax 
and properties, documentation, and communication 
implementations delivered pursuant to the require-
ments established under subsection (a)(2)(B) and
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shall provide interfaces, access to interfaces, and rel-
evant documentation to the military services, defense 
agencies and field activities, combatant commands, 
and contractors, as appropriate, to facilitate system, 
major subsystem, and major component segregation 
and reintegration. 
(2) DISTRIBUTION OF INTERFACES.—Consistent 
with section 2320 of title 10, United States Code, and 
in accordance with subsection (b), the Under Sec-
retary of Defense for Acquisition and Sustainment 
may distribute interfaces, access to interfaces, and rel-
evant documentation to Government entities and con-
tractors. Any such protected transfer or disclosure by 
the Government to a recipient is limited to only those 
data necessary for segregation, interoperability, inte-
gration, or reintegration. 
(d) SYSTEM OF SYSTEMS INTEGRATION TECHNOLOGY 
AND EXPERIMENTATION.— 
(1) DEMONSTRATIONS
AND
ASSESSMENT.—No 
later than one year after the date of the enactment of 
this Act, the Joint Staff Director for Command, Con-
trol, Communications, and Computers/Cyber and De-
partment of Defense Chief Information Officer, 
through the Joint All Domain Command and Control 
Cross Functional Team, shall conduct demonstrations
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and complete an assessment of the technologies devel-
oped under the Defense Advanced Research Projects 
Agency’s System of Systems Integration Technology 
and 
Experimentation 
program, 
including 
the 
STITCHES technology, and their applicability to the 
Joint All-Domain Command and Control architec-
ture. The demonstrations and assessment shall in-
clude— 
(A) at least three demonstrations of the use 
of the STITCHES technology to create, under 
constrained schedules and budgets, novel kill 
chains involving previously incompatible weapon 
systems, sensors, and command, control, and 
communication systems from multiple military 
services in cooperation with United States Indo- 
Pacific Command or United States European 
Command; 
(B) an evaluation as to whether the commu-
nications enabled via the STITCHES technology 
are sufficient for military missions and whether 
the technology results in any substantial per-
formance loss in communication between sys-
tems, major subsystems, and major components; 
(C) an evaluation as to whether the 
STITCHES technology obviates the need to de-
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velop, impose, and maintain strict adherence to 
common communication and interface standards 
for Department of Defense systems; 
(D) the appropriate roles and responsibil-
ities of the Department of Defense Chief Infor-
mation Officer, the Under Secretary of Defense 
for Acquisition and Sustainment, the geographic 
combatant commands, the military services, the 
Defense Advanced Research Projects Agency, and 
the defense industrial base in using and main-
taining the STITCHES technology to generate 
diverse and recomposable kill chains as part of 
the Joint All-Domain Command and Control ar-
chitecture; and 
(E) coordination with the program man-
ager for the Time Sensitive Targeting Defeat 
program under the Under Secretary of Defense 
for Research and Engineering and the Under 
Secretary of Defense for Intelligence. 
(2) CHIEF
INFORMATION
OFFICER
ASSESS-
MENT.—The Department of Defense Chief Information 
Officer shall assess the technologies developed under 
the Defense Advanced Research Projects Agency’s Sys-
tem of Systems Integration Technology and Experi-
mentation program, including the STITCHES inter-
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face field transform technology, and their applica-
bility to the Department’s business systems and cyber-
security tools. This assessment shall include— 
(A) at least two demonstrations of the use 
of the STITCHES technology in enabling com-
munication between business systems; 
(B) in coordination with the Cross Func-
tional Team under the Principal Cyber Adviser 
and the Integrated Adaptive Cyber Defense pro-
gram office of the National Security Agency, at 
least two demonstrations of the use of the 
STITCHES technology in enabling communica-
tion between and orchestration of previously in-
compatible cybersecurity tools; and 
(C) an evaluation as to how the STITCH-
ES technology could be used in concert with or 
instead of existing cybersecurity standards, 
frameworks, and technologies designed to enable 
communication across cybersecurity tools. 
(3) SUSTAINMENT
OF
STITCHES
ENGINEERING 
RESOURCES
AND
CAPABILITIES
DEVELOPED
BY 
DARPA.—To conduct the demonstrations and assess-
ments required under this subsection and to execute 
the Joint All Domain Command and Control pro-
gram, the Joint All Domain Command and Control
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† HR 6395 EAS 
program office shall sustain the STITCHES engineer-
ing resources and capabilities developed by the De-
fense Advanced Research Projects Agency. 
(e) TRANSFER
OF RESPONSIBILITY
FOR STITCH-
ES.—One year after the date of enactment of this Act, the 
Secretary of Defense may transfer responsibility for main-
taining the STITCHES engineering capabilities to a dif-
ferent organization. 
(f) DEFINITIONS.—In this section: 
(1) DESIRED MODULARITY.—The term ‘‘desired 
modularity’’ means the desired degree to which sys-
tems, major constitutive subsystems and components 
within a system, and major subsystems and compo-
nents across subsystems can function as modules that 
can communicate across component boundaries and 
through interfaces and can be separated and recom-
bined to achieve various effects, missions, or capabili-
ties. 
(2) MACHINE-READABLE
FORMAT.—The term 
‘‘machine-readable format’’ means a format that can 
be easily processed by a computer without human 
intervention. 
SEC. 862. SUSTAINMENT REVIEWS. 
(a) 
ANNUAL
SUSTAINMENT
REVIEWS.—Section 
2441(a) of title 10, United States Code, is amended by in-
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serting ‘‘annually thereafter’’ before ‘‘throughout the life 
cycle of the weapon system’’. 
(b) SUBMISSION TO CONGRESS OF SUSTAINMENT RE-
VIEWS.—Section 2441 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(d) SUBMISSION TO CONGRESS OF SUSTAINMENT RE-
VIEWS.—(1) The Secretary of each military department 
shall submit no fewer than ten sustainment reviews re-
quired by this section to the congressional defense commit-
tees annually. The Secretary of each military department 
shall select the ten reviews from among the systems with 
the highest independent cost estimates for the remainder of 
the life cycle of the program. 
‘‘(2) The Secretary shall submit the reviews required 
under paragraph (1) to the congressional defense commit-
tees annually not later than 30 days after submission of 
the President’s annual budget request to Congress under sec-
tion 1105 of title 31. The sustainment reviews shall be post-
ed on a publicly available website maintained by the Direc-
tor of the Cost Assessment and Program Evaluation office 
and, for those systems with operating and support cost 
growth, shall include comments from the military depart-
ments regarding actions being taken to reduce the operating 
and support costs. The reviews may include classified ap-
pendices, as appropriate.’’.
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(c) COMPTROLLER GENERAL STUDY.—Not later than 
180 days after the Secretaries of the military departments 
post the initial sustainment reviews required under para-
graph (1) of subsection (d) of section 2441 of title 10, 
United States Code (as added by subsection (b) of this sec-
tion) on a publicly available website as required under 
paragraph (2) of such subsection (d), the Comptroller Gen-
eral of the United States shall assess steps the military de-
partments are taking to quantify and address operating 
and support cost growth. The assessment shall include— 
(1) an evaluation of— 
(A) the causes of operating and support cost 
growth for selected systems covered by the 
sustainment reviews, as well as any other sys-
tems the Comptroller General determines appro-
priate; 
(B) the extent to which the Department has 
mitigated operating and support cost growth of 
these systems; and 
(C) any other issues related to potential op-
erating and support cost growth the Comptroller 
General determines appropriate; and 
(2) any recommendations of the Comptroller 
General, including steps the military departments 
could take to reduce operating and support cost
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† HR 6395 EAS 
growth for fielded weapon systems, as well as lessons 
learned to be incorporated in future weapon system 
acquisitions. 
SEC. 863. RECOMMENDATIONS FOR FUTURE DIRECT SELEC-
TIONS. 
The Secretary of each military department shall pro-
vide to the congressional defense committees in the future- 
years defense program submitted under section 221 of title 
10, United States Code, for fiscal year 2022 a list of at 
least one acquisition program for which it would be appro-
priate to have a large number of users provide direct assess-
ment of the outcome of a competitive contract award. 
SEC. 864. DISCLOSURES FOR CERTAIN SHIPBUILDING 
MAJOR DEFENSE ACQUISITION PROGRAM OF-
FERS. 
(a) IN GENERAL.—Chapter 137 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 2339c. Disclosures for certain shipbuilding major 
defense acquisition program offers 
‘‘(a) GENERAL.—Any covered offeror seeking to be 
awarded a shipbuilding construction contract as part of a 
major defense acquisition program with funds from the 
Shipbuilding and Conversion, Navy account shall disclose 
with its offer and any subsequent offer revisions, including
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† HR 6395 EAS 
the final proposal revision offer, whether any part of the 
offeror’s planned contract performance will or is expected 
to include foreign government subsidized performance, fi-
nancing, financial guarantees, or tax concessions. 
‘‘(b) DISCLOSURE.—An offeror shall make a disclosure 
required under subsection (a) in a format prescribed by the 
Secretary of the Navy and shall include therein a specific 
description of the extent to which the offeror’s planned con-
tract performance will include, with or without contin-
gencies, any foreign government subsidized performance, fi-
nancing, financial guarantees, or tax concessions. 
‘‘(c) CONGRESSIONAL NOTIFICATION.—Not later than 
5 days after awarding a contract described under subsection 
(a) to an offeror that made a disclosure under subsection 
(b), the Secretary of the Navy shall notify the congressional 
defense committees and summarize such disclosure. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED OFFEROR.—The term ‘covered of-
feror’ means any offeror that currently requires or 
may reasonably be expected to require during the pe-
riod of contract performance a method to mitigate or 
negate foreign ownership under subsection (f)(6) of 
part 2004.34 of title 32, Code of Federal Regulations. 
‘‘(2) FOREIGN
GOVERNMENT
SUBSIDIZED
PER-
FORMANCE.—The term ‘foreign government subsidized
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† HR 6395 EAS 
performance’ means any financial support, materiel, 
services, or guarantees of support, services, supply, 
performance, or intellectual property concessions, that 
may be provided to or for the offeror or the offeror’s 
Department of Defense customer by a foreign govern-
ment or entity effectively owned or controlled by a 
foreign government, which may have the effect of 
supplementing, supplying, servicing, or reducing the 
cost or price of an end item, or supporting, financing 
in whole or in part, or guaranteeing contract per-
formance by the offeror. 
‘‘(3) MAJOR DEFENSE ACQUISITION PROGRAM.— 
The term ‘major defense acquisition program’ has the 
meaning given the term in section 2430 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 137 of title 10, United States Code, 
is amended by inserting after the item relating to section 
2339b the following new item: 
‘‘2339c. Disclosures for certain shipbuilding major defense acquisition program of-
fers.’’. 
Subtitle E—Small Business Matters 
SEC. 871. PROMPT PAYMENT OF CONTRACTORS. 
Section 2307(a)(2) of title 10, United States Code, is 
amended—
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† HR 6395 EAS 
the Federal agency has satisfied the requirement 
under each applicable subsection for the year 
covered by the report;’’; 
(2) in paragraph (9), by striking ‘‘and’’ at the 
end; 
(3) in paragraph (10), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(11) with respect to a Federal agency to which 
subsection (f)(1) or (n)(1) applies and that the Ad-
ministration determines has not satisfied the require-
ment under either applicable subsection, require the 
head of that Federal agency to submit to the Com-
mittee on Small Business and Entrepreneurship of 
the Senate and the Committee on Small Business of 
the House of Representatives a report regarding why 
the Federal agency has not satisfied the require-
ment.’’. 
Subtitle F—Provisions Related to 
Software-Driven Capabilities 
SEC. 881. INCLUSION OF SOFTWARE IN GOVERNMENT PER-
FORMANCE OF ACQUISITION FUNCTIONS. 
(a) INCLUSION OF SOFTWARE.—Section 1706(a) of 
title 10, United States Code, is amended by adding at the 
end the following new paragraph:
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† HR 6395 EAS 
‘‘(B) In the discharge of the responsibilities specified 
in subparagraph (A)(i), the Assistant Secretary is imme-
diately subordinate to the Secretary of Defense and the Dep-
uty Secretary of Defense. No officer below the Secretary or 
the Deputy Secretary may intervene to exercise authority, 
direction, or control over the Assistant Secretary in the dis-
charge of such responsibilities.’’. 
(2) 
TECHNICAL
AMENDMENT.—Subparagraph 
(A) of such section, as redesignated by paragraph (2), 
is further amended in the matter preceding clause (i), 
as so redesignated, by striking ‘‘section 167(j)’’ and 
inserting ‘‘section 167(k)’’. 
(b) FULFILLMENT OF SPECIAL OPERATIONS RESPON-
SIBILITIES.— 
(1) IN
GENERAL.—Section 139b of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 139b. Secretariat for Special Operations; Special 
Operations Policy and Oversight Council 
‘‘(a) SECRETARIAT FOR SPECIAL OPERATIONS.— 
‘‘(1) IN GENERAL.—In order to fulfill the respon-
sibilities of the Assistant Secretary of Defense for Spe-
cial Operations and Low Intensity Conflict specified 
in section 138(b)(2)(A)(i) of this title, there shall be 
within the Office of the Assistant Secretary of Defense 
for Special Operations and Low Intensity Conflict an