II 118th CONGRESS 2d Session S. 5618 IN THE SENATE OF THE UNITED STATES December 19 (legislative day, December 16), 2024 Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To promote defense innovation, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Fostering Reform and Government Efficiency in Defense Act or FoRGED Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 101. Repeals of existing law to streamline the defense acquisition process. Sec. 102. Modifications to current defense acquisition requirements. Sec. 103. Automatic sunset for future statutory reporting requirements. TITLE II—Defense acquisition roles, responsibilities, and organizations Sec. 201. Transition of program executive officer role to portfolio acquisition executive. Sec. 202. Amendments to the Joint Requirements Oversight Council. Sec. 203. Matters relating to the Director of Cost Assessment and Program Evaluation. Sec. 204. Establishment of Joint Requirements and Programming Board. Sec. 205. Capstone requirements. TITLE III—Rapid acquisition and commercial contracting Sec. 301. Milestone A. Sec. 302. Modification to acquisition strategy. Sec. 303. Exemptions for nontraditional defense contractors. Sec. 304. Modifications to treatment of certain products and services as commercial products and commercial services. Sec. 305. Modification to nontraditional defense contractor definitions. Sec. 306. Alternative capability based pricing. Sec. 307. Modifications to certain procurement thresholds. Sec. 308. Modifications to commercial solutions openings. Sec. 309. Modifications to other transactions. Sec. 310. Modifications to commercial product and commercial service determinations by Department of Defense. Sec. 311. Commercially acceptable transaction and payment methods. Sec. 312. Transparency and accountability of contract awards. Sec. 313. Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services. Sec. 314. Modifications to relationship of other provisions of law to procurement of commercial products and commercial services. Sec. 315. Nontraditional defense contractor commercial solutions opening. Sec. 316. Program management office competition. Sec. 317. Middle tier of acquisition for rapid prototyping and rapid fielding. Sec. 318. Revision and codification of software acquisition pathways. Sec. 319. Modifications to steps to identify and address potential unfair competitive advantage of technical advisors to acquisition officials. Sec. 320. Modifications to procurement for experimental purposes. Sec. 321. Consumption-based solutions. TITLE IV—Promotion of competition in the defense industrial base Sec. 401. Program for enhancing secondary sources and supply chain management for the Department of Defense. Sec. 402. Administration of the industrial expansion program. TITLE V—Defense budgeting processes Sec. 501. Review of structure of the budget and appropriations for funding of defense acquisition programs. Sec. 502. Modifications to the Defense Modernization Account. Sec. 503. Amendments and repeals to budgetary requirements for defense acquisition. 101. Repeals of existing law to streamline the defense acquisition process (a) In general The following provisions are hereby repealed: (1) Section 3067 of title 10, United States Code. (2) Section 3070 of title 10, United States Code. (3) Section 3072 of title 10, United States Code. (4) Section 874 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. note prec. 3101). (5) Section 913 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. note prec. 3101). (6) Section 810 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. note prec. 3101). (7) Chapter 205 of title 10, United States Code. (8) Section 8669b of title 10, United States Code. (9) Section 8669c of title 10, United States Code. (10) Section 8688 of title 10, United States Code. (11) Section 8696 of title 10, United States Code. (12) Section 3135 of title 10, United States Code. (13) Section 3138 of title 10, United States Code. (14) Section 843 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 10 U.S.C. note prec. 3151). (15) Section 3152 of title 10, United States Code. (16) Section 3153 of title 10, United States Code. (17) Section 3154 of title 10, United States Code. (18) Section 1281 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 3153 note). (19) Section 153 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. note prec. 3201). (20) Subsections (a)–(c) of section 804 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4356). (21) Section 822 of the National Defense Authorization Act for Fiscal Year 1996 ( Public Law 104–106 ; 10 U.S.C. note prec. 3201). (22) Section 892 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 3201 note). (23) Section 805 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 3201 note). (24) Section 823 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 3204 note). (25) Section 802 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 3206 note). (26) Section 3207 of title 10, United States Code. (27) Section 807 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 3207 note). (28) Section 3208 of title 10, United States Code. (29) Section 3222 of title 10, United States Code. (30) Section 3223 of title 10, United States Code. (31) Section 3224 of title 10, United States Code. (32) Section 3225 of title 10, United States Code. (33) Section 856 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. note prec. 3241). (34) Section 1513 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. note prec. 3241). (35) Section 219 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. note prec. 3241). (36) Section 220 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. note prec. 3241). (37) Section 334 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. note prec. 3241). (38) Section 231 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. note prec. 3241). (39) Section 852 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 10 U.S.C. note prec. 3241). (40) Section 127 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. note prec. 3241). (41) Subsections (a)–(f) of section 866 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. note prec. 3241). (42) Section 143 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. note prec. 3241). (43) Section 254 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. note prec. 3241). (44) Section 886 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. note prec. 3241). (45) Section 890 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. note prec. 3241). (46) Subsections (a)–(c) of section 130 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 10 U.S.C. note prec. 3241). (47) Section 851 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 10 U.S.C. note prec. 3241). (48) Subsection (a)–(c) of section 802 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. note prec. 3241). (49) Section 314 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 10 U.S.C. note prec. 3241). (50) Section 826 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( Public Law 106–398 ; 10 U.S.C. note prec. 3241). (51) Section 806 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 10 U.S.C. note prec. 3241). (52) Section 797 of the Department of Defense Appropriation Act, 1983 (96 Stat. 1865)(as enacted into law by section 101(c) of the Further Continuing Appropriations Act, 1983 ( Public Law 97–377 ; 96 Stat. 1833). (53) Section 3241 of title 10, United States Code. (54) Section 368 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 3303 note). (55) Section 818(a) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 3304 note). (56) Section 3247 of title 10, United States Code. (57) Section 3323 of title 10, United States Code. (58) Section 875 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. note prec. 3344 ). (59) Section 822 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. note prec. 3344 ). (60) Section 816 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 10 U.S.C. note prec. 3344). (61) Section 809 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. note prec. 3371). (62) Section 3371 of title 10, United States Code. (63) Section 3373 of title 10, United States Code. (64) Section 3374 of title 10, United States Code. (65) Section 883 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 3372 note). (66) Section 13004 of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ; 10 U.S.C. 3372 note). (67) Section 3375 of title 10, United States Code. (68) Section 3455 of title 10, United States Code. (69) Section 803(a)(3) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 3458 ). (70) Section 8008 of the Department of Defense Appropriations Act, 1998 ( Public Law 105–56 ; 10 U.S.C. 3501 ). (71) Section 318 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 10 U.S.C. note prec. 3671). (72) Section 1018 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 10 U.S.C. note prec. 3671). (73) Section 3678 of title 10, United States Code. (74) Section 133 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 10 U.S.C. 3678 note). (75) Chapter 258 of title 10, United States Code. (76) Section 308 of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States ( Public Law 107–206 , 10 U.S.C. 3678 note). (77) Section 831 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 10 U.S.C. note prec. 3701). (78) Section 817 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 10 U.S.C. note prec. 3701). (79) Chapter 273 of title 10, United States Code. (80) Section 891 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 3804 note). (81) Section 231 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 4001 note). (82) Section 1544 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 4001 note). (83) Section 225 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 4001 note). (84) Section 233 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 4001 note). (85) Section 236 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 4001 note). (86) Section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 4001 note). (87) Section 226 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4001 note). (88) Section 229 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4001 note). (89) Section 380 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4001 note). (90) Section 823 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4001 note). (91) Section 833 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4001 note). (92) Section 220 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4001 note). (93) Section 226 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4001 note). (94) Section 233 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4001 note). (95) Section 236 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4001 note). (96) Section 249 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4001 note). (97) Section 223 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4001 note). (98) Section 228 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4001 note). (99) Section 229 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4001 note). (100) Section 232 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4001 note). (101) Section 227 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4001 note). (102) Section 217 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 4001 note). (103) Section 1056 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 4001 note). (104) Section 802 of the Cooperative Threat Reduction Act of 1993 ( Public Law 103–160 ; 10 U.S.C. 4001 note). (105) Section 231 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4007 note). (106) Section 1603 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 4007 note). (107) Section 4010 of title 10, United States Code. (108) Section 222 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4014 note). (109) Section 873 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4021 note). (110) Section 13006 of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ; 10 U.S.C. 4022 note). (111) Section 1543 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 4025 note). (112) Section 1089 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 4025 note). (113) Section 4027 of title 10, United States Code. (114) Section 220 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. note prec. 4061). (115) Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. note prec. 4061). (116) Section 225 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. note prec. 4061). (117) Section 812 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 ; 10 U.S.C. note prec. 4061). (118) Section 4066 of title 10, United States Code. (119) Section 4067 of title 10, United States Code. (120) Section 1708(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4092 note). (121) Section 250 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4093 note). (122) Sectional 1104(f) of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 10 U.S.C. 4093 note). (123) Section 4957 of title 10, United States Code. (124) Section 905 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4125 note). (125) Section 235 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 4126 note). (126) Section 227 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. note prec. 4141). (127) Section 252 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. note prec. 4141). (128) Section 233 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. note prec. 4141). (129) Section 4142 of title 10, United States Code. (130) Section 4143 of title 10, United States Code. (131) Section 843 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. note prec. 4171). (132) Section 839 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. note prec. 4171). (133) Section 242 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. note prec. 4172). (134) Section 223 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4172 note). (135) Section 1043 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 4174 note). (136) Section 828 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. note prec. 4201). (137) Section 4203 of title 10, United States Code. (138) Section 4204 of title 10, United States Code. (139) Section 1676(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 4205 note). (140) Section 1683 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 4205 note). (141) Section 1685 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 4205 note). (142) Section 1686 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 4205 note). (143) Section 1688 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 4205 note). (144) Section 1681(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4205 note). (145) Section 1687 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 4205 note). (146) Section 1689 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 4205 note). (147) Section 1692 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 4205 note). (148) Section 1618 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 4205 note). (149) Section 1675 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 4205 note). (150) Section 1680 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 4205 note). (151) Section 1681 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 4205 note). (152) Section 1682 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 4205 note). (153) Section 1684 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 4205 note). (154) Section 1684 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 4205 note). (155) Section 1687 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 4205 note). (156) Section 1662 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 10 U.S.C. 4205 note). (157) Section 1663 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 10 U.S.C. 4205 note). (158) Section 235 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 4205 note). (159) Section 237 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 4205 note). (160) Section 223(a)–(d) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 4205 note). (161) Section 233 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 4205 note). (162) Section 223 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 10 U.S.C. 4205 note). (163) Section 234 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 10 U.S.C. 4205 note). (164) Section 232 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 10 U.S.C. 4205 note). (165) Section 234 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 10 U.S.C. 4205 note). (166) Section 224 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 10 U.S.C. 4205 note). (167) Section 234 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 10 U.S.C. 4205 note). (168) Section 3132 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( Public Law 106–398 ; 10 U.S.C. 4205 note). (169) Section 235 of the Cooperative Threat Reduction Act of 1993 ( Public Law 103–160 ; 10 U.S.C. 4205 note). (170) Section 243 of the Cooperative Threat Reduction Act of 1993 ( Public Law 103–160 ; 10 U.S.C. 4205 note). (171) Section 231 of the Armament Retooling and Manufacturing Support Act of 1992 ( Public Law 102–484 ; 10 U.S.C. 4205 note). (172) Section 224 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1988 ( Public Law 100–180 ; 10 U.S.C. 4205 note). (173) Section 227 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1988 ( Public Law 100–180 ; 10 U.S.C. 4205 note). (174) Section 213 of the Barry Goldwater Scholarship and Excellence in Education Act ( Public Law 99–661 ; 10 U.S.C. 4205 note). (175) Section 1252 of the Defense Procurement Reform Act of 1984 ( Public Law 98–525 ; 10 U.S.C. 4205 note). (176) Section 8104 of the Department of Defense Appropriations Act, 1985 ( 10 U.S.C. 4205 note) (as enacted into law by section 101(h) of the Joint Resolution entitled Joint Resolution continuing appropriations for the fiscal year 1985, and for other purposes , approved October 12, 1984 ( Public Law 98–473 ; 98 Stat. 1837). (177) Section 208 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1988 ( Public Law 100–180 ; 10 U.S.C. 4205 note). (178) Section 802 of the Military Construction Authorization Act, 1981 ( Public Law 96–418 ; 10 U.S.C. 4205 note). (179) Section 202 of the Department of Defense Authorization Act, 1981 ( Public Law 96–342 ; 10 U.S.C. 4205 note). (180) Section 202 of the Department of Defense Supplemental Appropriation Authorization Act, 1979 ( Public Law 96–29 ; 10 U.S.C. 4205 note). (181) Section 608 of the Military Construction Authorization Act, 1975 ( Public Law 93–552 ; 10 U.S.C. 4205 note). (182) Section 837 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. note prec. 4211). (183) Section 812 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. note prec. 4211). (184) Section 806 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 10 U.S.C. note prec. 4211). (185) Section 4212 of title 10, United States Code. (186) Section 4214 of title 10, United States Code. (187) Section 818(b)–(f) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 10 U.S.C. note prec. 4231). (188) Section 4231 of title 10, United States Code. (189) Section 832 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4251 note). (190) Section 802(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 4251 note). (191) Section 838(a)(3)–(4) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 4252 note). (192) Section 1047(d) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 4252 note). (193) Subchapter IV of chapter 322 of title 10, United States Code. (194) Section 814 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 4271 note). (195) Section 925(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 4271 note). (196) Section 802 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 4292 note). (197) Section 4321 of title 10, United States Code. (198) Section 4323 of title 10, United States Code. (199) Section 4325 of title 10, United States Code. (200) Section 4328 of title 10, United States Code. (201) Section 812 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 10 U.S.C. 4325 note). (202) Section 4372 of title 10, United States Code. (203) Section 4373 of title 10, United States Code. (204) Section 4376 of title 10, United States Code. (205) Section 4377 of title 10, United States Code. (206) Section 4402 of title 10, United States Code. (207) Subchapter II of chapter 327 of title 10, United States Code. (208) Section 224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. note prec. 4501). (209) Section 833 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. note prec. 4501). (210) Section 831(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. note prec. 4501). (211) Section 846 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 10 U.S.C. note prec. 4501). (212) Section 863(a)–(h) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. note prec. 4501). (213) Section 808 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. note prec. 4501). (214) Section 832 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 10 U.S.C. note prec. 4501). (215) Section 4505 of title 10, United States Code. (216) Section 4506 of title 10, United States Code. (217) Section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. note prec. 4571). (218) Section 938 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. note prec. 4571). (219) Section 1526 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 4571 note). (220) Section 221 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 4571 note). (221) Section 233 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4571 note). (222) Section 224 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021( Public Law 116–283 ; 10 U.S.C. 4571 note). (223) Section 225 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021( Public Law 116–283 ; 10 U.S.C. 4571 note). (224) Section 835 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021( Public Law 116–283 ; 10 U.S.C. 4571 note). (225) Section 226 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note). (226) Section 231 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note). (227) Section 254 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note). (228) Section 255 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note). (229) Section 1651 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note). (230) Section 1755 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note). (231) Section 868 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4571 note). (232) Section 1064 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4571 note). (233) Section 1272 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 4571 note). (234) Section 854 of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 10 U.S.C. 4571 note). (235) Section 2867 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 4571 note). (236) Section 215 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 4571 note). (237) Section 881 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 4571 note). (238) Section 804 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 10 U.S.C. 4571 note). (239) Chapter 345 of title 10, United States Code. (240) Section 4703 of title 10, United States Code. (241) Section 334 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 113 note). (242) Section 378 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 113 note). (243) Section 846(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4811 note). (244) Section 4813 of title 10, United States Code. (245) Section 4814 of title 10, United States Code. (246) Section 4815 of title 10, United States Code. (247) Section 4816 of title 10, United States Code. (248) Section 4173 of title 10, United States Code. (249) Section 2228 of title 10, United States Code. (250) Section 3249 of title 10, United States Code. (251) Section 932 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 2224 note). (252) Section 849 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1487). (253) Section 839 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1876). (254) Section 387(c) of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 105–85 , 10 U.S.C. 195 note). (255) Section 804 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2402). (256) Section 881 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. note prec. 4601). (257) Section 802 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 10 U.S.C. note prec. 3062). (258) Section 326 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 ; 10 U.S.C. 3201 note). (259) Section 913 of the Department of Defense Authorization Act, 1986 ( Public Law 99–145 ; 10 U.S.C. note prec. 3201). (260) Section 821 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. note prec. 3451). (261) Section 207(a)–(c) of the Weapon Systems Acquisition Reform Act of 2009 ( Public Law 111–23 ; 10 U.S.C. note prec. 4292). (262) Section 824(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 3774 note). (263) Section 805 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. note prec. 3451). (264) Section 844(b) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3453 note). (265) Section 328 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2458 note). (266) Section 325 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 10 U.S.C. 2461 note). (267) Section 356 of the National Defense Authorization Act for Fiscal Year 1996 ( Public Law 104–106 ; 10 U.S.C. 2461 note). (268) Section 256 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 4811 note). (269) Section 238(b) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 4841 note). (270) Subtitle D of title II of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 119 Stat. 3175). (271) Section 8062 of the Department of Defense Appropriations Act, 2004 ( Public Law 108–87 ; 10 U.S.C. 4841 note). (272) Section 214 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 4841 note). (273) Section 227 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4841 note). (274) Section 215 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 4841 note). (275) Section 223 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 4841 note). (276) Section 846 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4811 note). (277) Section 849 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4811 note). (278) Section 847 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4811 note). (279) Section 844 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4811 note). (280) Section 8133 of the Department of Defense Appropriations Act, 2000 ( Public Law 106–79 ; 113 Stat. 1267). (281) Section 867 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 221 note). (282) Section 322 of the National Defense Authorization Act for Fiscal Year 2017 (Public 114–328; 10 U.S.C. 2228 note). (283) Section 813 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 3458 note). (284) Section 323 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 4551 ). (285) Section 218 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 8013 note). (b) Clerical amendments (1) The table of sections at the beginning of chapter 131 of title 10, United States Code, is amended by striking the item related to section 2228. (2) The table of sections at the beginning of chapter 203 of title 10, United States Code, is amended by striking the items related to sections 3067, 3070, and 3072. (3) The table of sections at the beginning of chapter 207 of title 10, United States Code, is amended by striking the items related to sections 3135 and 3138. (4) The table of sections at the beginning of subchapter I of chapter 209 of title 10, United States Code, is amended by striking the items related to sections 3152, 3153, and 3154. (5) The table of sections at the beginning of chapter 221 of title 10, United States Code, is amended by striking the items related to sections 3207 and 3208. (6) The table of sections at the beginning of chapter 222 of title 10, United States Code, is amended by striking the items related to sections 3222, 3223, 3224, and 3225. (7) The table of sections at the beginning of chapter 223 of title 10, United States Code, is amended by striking the items related to sections 3241, 3247, and 3249. (8) The table of sections at the beginning of chapter 242 of title 10, United States Code, is amended by striking the item related to section 3323. (9) The table of sections at the beginning of chapter 244 of title 10, United States Code, is amended by striking the items related to sections 3371, 3373, 3374, and 3375. (10) The table of sections at the beginning of chapter 247 of title 10, United States Code, is amended by striking the item related to section 3455. (11) The table of sections at the beginning of chapter 257 of title 10, United States Code, is amended by striking the item related to section 3678. (12) The table of sections at the beginning of chapter 301 of title 10, United States Code, is amended by striking the items related to sections 4010 and 4027. (13) The table of sections at the beginning of chapter 303 of title 10, United States Code, is amended by striking the items related to sections 4066, 4067, 4142, and 4143. (14) The table of sections at the beginning of chapter 307 of title 10, United States Code, is amended by striking the item related to section 4173. (15) The table of sections at the beginning of chapter 321 of title 10, United States Code, is amended by striking the items related to sections 4203 and 4204. (16) The table of sections at the beginning of subchapter I of chapter 322 of title 10, United States Code is amended by striking the item related to section 4231. (17) The table of sections at the beginning of subchapter II of chapter 322 of title 10, United States Code is amended by striking the items related to sections 4212 and 4214. (18) The table of subchapters at the beginning of chapter 322 of title 10, United States Code is amended by striking the item related to subchapter IV. (19) The table of sections at the beginning of chapter 323 of title 10, United States Code is amended by striking the item related to sections 4321, 4323, 4325, and 4328. (20) The table of sections at the beginning of chapter 325 of title 10, United States Code is amended by striking the item related to sections 4372, 4373, 4376, and 4377. (21) The table of subchapters at the beginning of chapter 327 of title 10, United States Code is amended by striking the item related to subchapter II. (22) The table of sections at the beginning of subchapter I of chapter 327 of title 10, United States Code is amended by striking the item related to section 4402. (23) The table of sections at the beginning of chapter 341 of title 10, United States Code is amended by striking the items related to sections 4505 and 4506. (24) The table of chapters for part V of title 10, United States Code, is amended by striking the items related to chapters 205, 258, 273, and 345. (25) The table of sections at the beginning of chapter 365 of title 10, United States Code is amended by striking the item related to section 4703. (26) The table of sections at the beginning of chapter 382 of title 10, United States Code is amended by striking the items related to sections 4813, 4814, 4815, and 4816. (27) The table of sections at the beginning of chapter 388 of title 10, United States Code, is amended by striking the item related to section 4957. (28) The table of sections at the beginning of chapter 863 of title 10, United States Code, is amended by striking the items related to sections 8669b, 8669c, 8688, and 8696. 102. Modifications to current defense acquisition requirements (a) Modifications to title 40 Section 11101 of title 40, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Executive agency The term executive agency means— (A) an executive department specified in section 101 of title 5, other than the Department of Defense; (B) an independent establishment as defined in section 104(1) of title 5; and (C) a wholly owned Government corporation fully subject to chapter 91 of title 31. . (b) Modifications to title 10 Title 10, United States Code, is amended— (1) in section 2222— (A) by striking subsections (e) through (g); and (B) by redesignating subsections (h) and (i) as subsections (e) and (f), respectively; and (C) in subsection (f), as redesignated by subparagraph (B) by striking paragraphs (9), (10), and (11); (2) in section 3012(3)(B), by striking lowest overall cost alternative and inserting best value ; (3) in section 3069— (A) in subsection (a), by striking if that head of an agency and all that follows through a complete end item ; (B) by striking subsections (b) through (d); and (C) by redesignating subsection (e) as subsection (b); (4) in section 3204— (A) in subsection (a)— (i) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; (ii) by inserting after paragraph (1), the following: (2) market research indicates that the property or service needed by the agency provides differentiated capabilities, accelerated delivery schedules, or continuous improvements; . (B) by striking subsections (b), (c), (d), and (g); (C) by redesignating subsections (e) and (f) as subsections (b) and (c), respectively; (D) in subsection (b), as redesignated by subparagraph (C)— (i) in paragraph (1)— (I) in subparagraph (A), by striking and certifies the accuracy and completeness of the justification and inserting in a manner that provides an accurate and complete justification ; and (II) in subparagraph (B)— (aa) by striking $10,000,000 each place it appears and inserting $100,000,000 ; (bb) in clause (i), by striking $500,000 and inserting $10,000,000 ; and (cc) in clause (iii), by striking $75,000,000 and inserting $500,000,000 ; (ii) in paragraph (3), by striking by subsection (a)(2) and inserting by paragraphs (3) or (4)(A) of subsection (a) ; and (iii) in paragraph (4)— (I) in subparagraph (C), by striking subsection (a)(7) and inserting subsection (a)(8) ; and (II) in subparagraph (E), by striking subsection (a)(4) and inserting subsection (a)(5) ; and (E) in paragraph (1) of subsection (c), as redesignated by subparagraph (C)— (i) in subparagraph (A), by striking subsection (e)(1) and inserting subsection (b)(1) ; and (ii) in subparagraph (B), by striking subsection (a)(2) and inserting subsection (a)(3) ; (5) in section 3226— (A) in subsection (a), by striking and other program purposes conducted pursuant to subsection (b)(6) of such section ; and (B) by striking subsection (d); (6) in section 3243(d)— (A) by striking paragraph (2); (B) by redesignating paragraph (3) as paragraph (2); and (C) in paragraph (1)(B), by striking subject to paragraph (2), ; (7) in section 3374, by inserting with significant contract financing after undefinitized contractual action each place it appears.; (8) in section 3601(c)(3)— (A) in subparagraph (A), by striking Subject to subparagraph (C), in any and inserting In any ; (B) in subparagraph (B), by striking acquire capability and all that follows through $50,000,000 during any fiscal year and inserting acquire capability in an amount aggregating not more than $3,000,000,000 ; and (C) by striking subparagraph (C); (9) in section 3703— (A) in subsection (a)(1)(A), by striking that results in at least two or more responsive and viable competing bids ; (B) in subsection (c), by striking or 5 percent and inserting or 25 percent ; and (C) in subsection (f), by striking under subsection (a)(1) from such requirement and inserting from such requirement under paragraphs (1) or (2) of subsection (a) ; (10) in section 3705— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b); (11) by amending section 3774 to read as follows: 3774. Preference for specially negotiated licenses The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system. ; (12) in the table of sections for subchapter I of chapter 275, by striking the item relating to section 3774 and inserting the following new item: 3774. Preference for specially negotiated licenses. ; (13) in section 3805(c), by striking 15 percent and inserting 50 percent ; (14) in section 4201— (A) in subsection (a)(2)— (i) in subparagraph (A), by striking $300,000,000 (based on fiscal year 1990 constant dollars) and inserting $1,000,000,000 (based on fiscal year 2024 constant dollars) ; and (ii) in subparagraph (B), by striking $1,800,000,000 (based on fiscal year 1990 constant dollars) and inserting $5,000,000,000 (based on fiscal year 2024 constant dollars) ; and (B) in subsection (b), by adding at the end the following: (3) An acquisition program for a defense software program as described by section 800 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note). ; (15) in section 4202(a)(2)— (A) by striking subparagraph (B); and (B) redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (16) in section 4882, by striking the President, through the head of any department each place it appears and inserting the Secretary of Defense ; (17) in section 4884, by striking The President and inserting The Secretary of Defense ; and (18) in section 8683— (A) in subsection (a)— (i) in paragraph (1), by striking (1) Appropriations and inserting Appropriations ; and (ii) by striking paragraph (2); and (B) in subsection (c), by striking $10,000,000 and inserting $50,000,000 . (c) Modifications to National Defense Authorization Acts (1) Section 229(c)(2)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 3601 note) is amended by striking $100,000,000 and inserting $300,000,000 . (2) Section 890 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. note prec. 3701) is amended— (A) in subsection (b)(2), by striking minimal reporting and inserting no unique reporting ; and (B) by striking subsection (d). (3) Section 873 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3702 note) is amended— (A) in subsection (a)— (i) by striking valued at less than $7,500,000 ; and (ii) by striking pursuant to and all that follows through Transfer Program, ; (B) in subsection (b), by striking pursuant to and all that follows through Research Program, ; (C) by striking subsections (c) and (f); and (D) by redesignating subsections (d), (e), and (g) as subsection (c), (d), and (e), respectively. 103. Automatic sunset for future statutory reporting requirements (a) In general Chapter 23 of title 10, United States Code, is amended by inserting after section 480 the following new section: 480a. Reports to Congress: Termination of indefinite-duration reports after five years (a) In general Any provision of law enacted after the date of the enactment of this section that includes an indefinite-duration report requirement shall cease to be effective, with respect to that requirement, five years after the date of the enactment of that provision of law unless that provision of law expressly states that this section is inapplicable to that requirement or that provision of law. (b) Indefinite-Duration report requirement defined In this section, the term indefinite-duration report requirement means a requirement in any provision of law for the Secretary of Defense (or any other officer or employee of the Department of Defense) to submit to Congress (or any committee of Congress) a periodic report for which the law does not— (1) state a specific period of time as the period during which that report is required to be submitted or that provision of law is in effect; or (2) state a specific termination date for the requirement to submit the report or for that provision of law. (c) Periodic report defined In this section, the term periodic report means a report required to be submitted on an annual, semiannual, or other regular periodic basis. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 480 the following new item: 480a. Reports to Congress: Termination of indefinite-duration reports after five years. . II Defense acquisition roles, responsibilities, and organizations 201. Transition of program executive officer role to portfolio acquisition executive (a) Definition Section 1737(a) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following: (4) The term portfolio acquisition executive means the primary stakeholder and member of the acquisition workforce with overall management of requirements, programming, and acquisition of defense acquisition programs assigned by the service acquisition executive or component acquisition executive and shall have all the necessary officials and functional support directly under the control portfolio acquisition executive, including responsibility for performance evaluations, to the maximum extent practicable to develop, procure, and transition programs into an operational capability. . (b) Critical acquisition positions Section 1731(a)(1)(B)(i) of title 10, United States Code, is amended by striking Program executive officer and inserting Portfolio acquisition executive . (c) Position qualifications Section 1735(c) of title 10, United States Code, is amended— (1) in the subsection heading, by striking Program executive officers and inserting Portfolio acquisition executive ; and (2) by striking program executive officer and inserting portfolio acquisition executive . (d) Government performance of certain acquisition functions Section 1706(a) of title 10, United States Code, is amended— (1) in paragraph (1), by striking Program executive officer and inserting Portfolio acquisition executive ; and (2) in paragraph (2), by striking Deputy program executive officer and inserting Deputy portfolio acquisition executive . (e) Duties related to cadre of intellectual property experts Section 1707(c) of title 10, United States Code, is amended by striking program executive officer and inserting portfolio acquisition executive . (f) Portfolio acquisition executive office Section 1509 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 167b ) is amended— (1) by striking program executive office each place that it appears and inserting portfolio acquisition executive office ; and (2) in subsection (c), by striking program executive office in the subsection heading and inserting portfolio acquisition executive office . (g) Technology release and foreign disclosure reform initiative Section 918(a)(2)(D)(ii) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 301 note) is amended by striking program executive officer and inserting portfolio acquisition executive . (h) Software development and software acquisition training and management programs Section 862 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 1741 note) is amended— (1) in subsection (a)(2)(A), by striking program executive officers and inserting portfolio acquisition executives ; and (2) in subsection (c)(1)— (A) in the paragraph heading, by striking program executive officer and inserting portfolio acquisition executive ; and (B) by striking program executive officer and inserting portfolio acquisition executive . (i) Authority To establish different minimum requirements Section 1764(b)(2) of title 10, United States Code, is amended by striking Program executive officer and inserting Portfolio acquisition executive . (j) Prizes for advanced technology achievements Section 4025(g)(2)(C) of title 10, United States Code, is amended by striking program executive11 officer both places it appears and inserting portfolio acquisition executive . (k) Rating chains for system program managers Section 323 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1696) is amended by striking program executive officer and inserting portfolio acquisition executive . (l) Space system acquisition and the adaptive acquisition framework Section 807 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 9081 note) is amended— (1) in subsection (b)(1)— (A) in the paragraph heading, by striking Program executive officer and inserting Portfolio acquisition executive ; and (B) by striking program executive officer and inserting portfolio acquisition executive ; and (2) in subsection (e)(6)— (A) in the paragraph heading, by striking Program executive officer and inserting Portfolio acquisition executive ; and (B) by striking program executive officer and inserting portfolio acquisition executive . 202. Amendments to the Joint Requirements Oversight Council (a) Modified responsibilities Section 181 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking , approving, and prioritizing ; (B) in paragraph (2), by striking validate joint requirements and inserting review joint requirements ; (C) in paragraph (3), by striking and validating ; (D) in paragraph (4), by striking and approving ; (E) in paragraph (5), by striking the semicolon at the end and inserting ; and ; (F) in paragraph (6), by striking ; and and inserting a period; and (G) by striking paragraph (7); (2) in subsection (c)(3), by striking provide the chairman any dissenting view of members of the council under paragraph (1) with respect to such recommendation and inserting first seek concurrence from the Joint Requirements and Programming Board of the Department of Defense . (2) in subsection (e), by striking , except for performance requirements specified in subsections (b)(4) and (b)(5), . (b) Technical and conforming amendments (1) Section 225(b)(2)(C)(ii) of title 10, United States Code, is amended by striking approved and inserting reviewed . (2) Section 3136(e)(1)(A) of title 10, United States Code, is amended— (A) by striking in excess of— and all that follows through (i) a specific limitation and inserting in excess of a specific limitation ; and (B) by striking clause (ii). 203. Matters relating to the Director of Cost Assessment and Program Evaluation (a) Role Section 139a of title 10, United States Code, is amended— (1) in subsection (b)(2), by striking without obtaining the approval or concurrence of any other official within the Department of Defense and inserting only with concurrence from the Joint Requirements and Programming Board of the Department of Defense ; and (2) in subsection (d)(4), by striking and performance of such analyses, as directed by the Secretary of Defense . (b) Functions Section 3221(b) of title 10, United States Code, is amended— (1) by striking paragraph (6); and (2) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. (c) Annual aircraft procurement plan Section 231a(c)(2) of title 10, United States Code, is amended— (1) by striking subparagraph (E); and (2) by redesignating subparagraph (F) as subparagraph (E). 204. Establishment of Joint Requirements and Programming Board (a) In general Chapter 7 of title 10, United States Code, is amended by inserting after section 185 the following new section: 186. Joint Requirements and Programming Board (a) Establishment There is established in the Department of Defense a Joint Requirements and Programming Board (in this section referred to as the Board ). (b) Leadership The Director of Cost Assessment and Program Evaluation and the Chairman of the Joint Requirements Oversight Council shall serve as co-chairpersons of the Board. (c) Responsibilities The Board shall— (1) be the forum through which shall be exercised all duties and responsibilities of— (A) the Joint Requirements Oversight Council with respect to joint military capabilities requirements; and (B) the Director of Cost Assessment and Program Evaluation with respect to program evaluation; (2) be the forum for the review for recommendation of— (A) all requirements documents referred to the Joint Requirements Oversight Council; and (B) all program issue papers referred to the Director of Cost Assessment and Program Evaluation; and (3) be the single point of interface— (A) between the Chairman of the Joint Requirements Oversight Council and the Chairman of the Joint Chiefs of Staff with respect to recommendations relating to joint military capabilities requirements under section 181 of this title; and (B) between the Director of Cost Assessment and Program Evaluation and the Deputy Secretary of Defense and the Secretary of Defense with respect to functions described in section 139a of this title. (d) Recommendations (1) Majority vote required The Board shall make a recommendation with respect to an issue only if the recommendation is agreed to by a majority vote of the members of the functional committees established under subsection (e)(2). (2) Status of recommendations A recommendation agreed to as described in paragraph (1) shall be treated as an official policy recommendation of the Board unless the executive committee established under subsection (e)(1) unanimously votes to reject the recommendation. (3) Dissenting opinions The co-chairpersons of the Board may write dissenting opinions to accompany a recommendation of the Board agreed to as described in paragraph (1) for consideration by the Deputy Secretary of Defense or the Secretary of Defense. (e) Organization The Board shall be composed of— (1) an executive committee that supports the co-chairpersons in carrying out their responsibilities; and (2) functional committees established by the co-chairpersons to consider portfolios of joint military capabilities, mission areas, or functions in terms of their requirements, programs, and resourcing. (f) Membership (1) Executive committee The executive committee established under subsection (e)(1) shall be composed of the co-chairpersons of the Board and all other members of the Joint Requirements Oversight Council. (2) Functional committees Each functional committee established under subsection (e)(2) shall be composed of— (A) one member designated by each portfolio acquisition executive or similar portfolio manager who is likely to execute a recommendation made by the functional committee; (B) one member designated by each commander of a combatant command, if matters related to the area of responsibility or functions of that command are likely to be considered by the functional committee; (C) one member designated by the Director of Cost Assessment and Program Evaluation; and (D) one member designated by the Chairman of the Joint Requirements Oversight Council. (g) Procedures (1) Identification and prioritization of issues (A) In general The co-chairpersons of the Board are responsible for identifying and prioritizing issues to be considered by each of the functional committees established under subsection (e)(2). (B) Nomination of issues Any member of the executive committee or a functional committee established under subsection (e) may nominate an issue for consideration by the co-chairpersons under subparagraph (A). (2) Quorum for functional committees (A) In general For a meeting of a functional committee established under subsection (e)(2) to have a quorum— (i) two-thirds of the members of the functional committee are required to be present or voting by proxy; and (ii) both members identified in subparagraphs (C) and (D) of subsection (f)(2), and any member described in subsection (f)(2)(A) with responsibility for execution related to the issue under consideration, are required to be present or voting by proxy. (B) Quorum and votes by proxy Any member described in subsection (f)(2) may establish a quorum or vote by proxy. (h) Support The Secretary of Defense shall ensure that the executive committee established under subsection (e)(1) has adequate staff directly responsible to the co-chairpersons of the Board to assist in identifying, reviewing, coordinating, and analyzing all matters brought before the Board. . (b) Clerical amendment The table of sections for such title is amended by inserting after the item relating to section 185 the following new item: 186. Joint Requirements and Programming Board. . (c) Technical and conforming amendments (1) Joint Requirements Oversight Council Section 181(b) of such title is amended, in the matter preceding paragraph (1), by inserting , subject to section 186 of this title, after shall assist . (2) Director of Cost Assessment and Program Evaluation Section 139a of such title is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by inserting , subject to section 186 of this title, after shall provide ; and (II) in subparagraph (A), by striking section 2334 and inserting section 3221 ; and (ii) in paragraph (2), by striking The Director and inserting Subject to section 186 of this title, the Director ; and (B) in subsection (d)— (i) in paragraph (1), by striking section 2334 and inserting section 3221 ; and (ii) by striking paragraph (9). 205. Capstone requirements (a) In general Chapter 221 of title 10, United States Code, is amended by adding at the end the following new section: 3209. Capstone requirements (a) In general The Secretary of each military department and the Director of one more defense agencies designated by the Secretary of Defense for purposes of this section shall establish a capstone requirement approach for each portfolio acquisition executive for which that official has responsibility to enable greater speed, agility, and innovation in fielding military capabilities. Each such capstone requirement shall be established in consultation with the Joint Requirements and Programming Board. (b) Elements Under the capstone requirements for an acquisition portfolio, the Secretary of the military department, or Director of the defense agency shall— (1) develop a general set of requirements for the acquisition portfolio in accordance with subsection (c) under which programs or projects may be initiated; (2) authorize the portfolio acquisition executive or similar portfolio manager for the portfolio to change the scope and requirements for programs within the portfolio, subject to subsection (d); (3) assign representatives of operational forces to the acquisition portfolio and authorize them to perform the functions specified in subsection (e); (4) maximize the use of prototyping, experimentation, and minimum viable products to shape capability scope and requirements; (5) authorize the portfolio acquisition executive or similar portfolio manager to resource and acquire commercial or nondevelopmental items under the capstone requirement by validating the need with the representatives assigned under paragraph (3); (6) manage information technology requirements using dynamically prioritized lists of user needs rather than large static requirements documents; and (7) iteratively define, prioritize, and refine requirements at the portfolio, program, and iteration levels based on user input and previous deliveries. (c) Capstone set of requirements The capstone set of requirements for an acquisition portfolio developed under subsection (b)(1) shall be designed— (1) to guide the iterative delivery of an integrated suite of capabilities to maximize operational impact; (2) to provide enduring themes based on strategic needs and relevant concepts of operation, not system-specific; (3) to include measures of force effectiveness for a force mix of capabilities to be measured against; and (4) to include kill chains, effects chains, vignettes of operational scenarios, and related mission engineering initiatives across the Department of Defense. (d) Authority to revise programs within a portfolio The authority under subsection (b)(2)— (1) shall be carried out in consultation with operational commands and the Joint Requirements and Programming Board; and (2) does not include authority to change key performance parameters for a major defense acquisition program. (e) Functions of operational representatives An operational representative assigned to an acquisition portfolio under subsection (b)(3) shall be provided authority— (1) to shape the vision and priorities for key capability areas; (2) to provide the acquisition community and developers insights into operations; (3) to provide feedback on interim developments; (4) to validate the need for commercial or nondevelopmental items; (5) to foster collaboration among the acquisition community, developers, and users of the capability to be fielded; and (6) to provide advice to the portfolio acquisition executive or similar portfolio manager. . (b) Clerical amendment The table of sections at the beginning of chapter 221 of title 10, United States Code, is amended by inserting after the item relating to section 3208 the following new item: 3209. Capstone requirements. . III Rapid acquisition and commercial contracting 301. Milestone A (a) Elimination of requirement for determination prior to Milestone A approval (1) In general Section 4251 of title 10, United States Code, is hereby repealed. (2) Clerical amendment The table of sections at the beginning of subchapter III of chapter 322 of title 10, United States Code, is amended by striking the item relating to section 4251. (b) Director of Cost Assessment and Program Evaluation functions Section 3221(b)(6)(A)(i) of title 10, United States Code, is amended by striking 4251 or . (c) Independent cost estimate required before approval Section 3222(a) of title 10, United States Code, is amended— (1) by striking a milestone phase and inserting the engineering and manufacturing development phase, or production and deployment phase, ; and (2) by striking authority that— and all that follows through (2) for the engineering and manufacturing development phase, or production and deployment phase, includes a cost estimate and inserting authority that includes a cost estimate . 302. Modification to acquisition strategy Section 4211 of title 10, United States Code, is amended— (1) in subsection (a), by striking , each major automated information system, ; (2) in subsection (b), by striking the Under Secretary of Defense for Acquisition and Sustainment, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program, and inserting the portfolio acquisition executive, or the decision authority, when the decision authority is the service acquisition executive of the military department or the Under Secretary of Defense for Acquisition and Sustainment, ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking , each major automated information system, ; (ii) by striking the Under Secretary, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program, and inserting the portfolio acquisition executive, or the decision authority, when the decision authority is the service acquisition executive of the military department or the Under Secretary of Defense for Acquisition and Sustainment, ; (iii) by amending subparagraph (A) to read as follows: (A) the strategy clearly describes the proposed top-level business and capability management approach for the program or system, and to the maximum extent practicable, describes how a portfolio of capabilities within an enduring set of requirements will be developed, procured, and fielded rather than detailing a specific end-item; ; and (iv) in subparagraph (B), by striking with available resources and inserting within a general set of resources ; and (B) by amending paragraph (2) to read as follows: (2) Each strategy shall, where appropriate, consider the following: (A) An approach that delivers required capabilities in increments, each depending on available mature technology, and that recognizes up front the need for future capability improvements or transitions to alternative end-items through use of continuous competition. (B) Requirements related to logistics, maintenance, and sustainment in accordance with sections 2464 and 2466 of this title, and the acquisition of technical data and computer software data to enable such requirements in accordance with sections 3771 through 3775 of this title. (C) A process for collaborative interaction and market research with the science and technology community, including Department of Defense science and technology reinvention laboratories, government innovation cells, academia, small businesses, nontraditional defense contractors, and other contractors. (D) Identification of enterprise-wide designs and standards in support of an architecture that provides for an integrated suite of capabilities that focuses on simplicity of implementation and speed of delivery. (E) Overarching roadmaps that created integrated strategic schedules of legacy systems and new capabilities and a mapping of enduring requirements to elements of the portfolio of capabilities. (F) A contracting strategy that develops long-term partnerships with multiple companies to actively contribute to architectures, development, production, and sustainment across the portfolio of capabilities by decomposing large systems into smaller sets of projects across time and technical component. (G) An assignment of roles and responsibilities to the acquisition workforce within the portfolio acquisition executive, identification of external stakeholder dependencies, and the need for subject matter expert inputs at critical points in the program, including the need for special hiring authority or advisory and assistance services. (H) A process of testing and experimentation with the test community and end users to ensure continuous user feedback, acceptance, and development of concepts of operations. ; and (4) by striking subsections (d) and (e) and inserting the following: (d) Review The decision authority shall review and approve, as appropriate, the acquisition strategy for a major defense acquisition program or major system prior to the acquisition decision memorandum and ensure that the strategy is updated at regular intervals to incorporate significant changes to program requirements, resourcing, or acquisition decisions. (e) Decision authority defined In this section, the term decision authority , with respect to a major defense acquisition program or major system, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or system, including authority to approve entry of the program or system into the next phase of the acquisition process. . 303. Exemptions for nontraditional defense contractors Nontraditional defense contractors, as defined by section 3014 of title 10, United States Code, shall not be subject to any of the following requirements: (1) Defense Federal Acquisition Regulation Supplement 252.242–7006. (2) Defense Federal Acquisition Regulation Supplement 252.234–7002. (3) Defense Federal Acquisition Regulation Supplement 252.242–7002. (4) Defense Federal Acquisition Regulation Supplement 252.242–7004. (5) Defense Federal Acquisition Regulation Supplement 252.242–7003. (6) Defense Federal Acquisition Regulation Supplement 252.242–7001. (7) Defense Federal Acquisition Regulation Supplement 252.242–7005. (8) Defense Federal Acquisition Regulation Supplement 215.407. (9) Section 3702 of title 10, United States Code. (10) Part 31 of the Federal Acquisition Regulation. 304. Modifications to treatment of certain products and services as commercial products and commercial services Section 3457 of title 10, United States Code, is amended— (1) in subsection (a)— (A) by inserting (1) before Nothwithstanding ; (A) by striking may be treated and inserting shall be treated ; and (B) by adding at the end the following new paragraph: (2) The requirement under paragraph (1) may be waived with a written determination approved by the head of contracting activity, including an explanation of why commercial procedures should not be used or tailored and market research demonstrating that no other supplier could provide the required product or services under commercial procedures. ; (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b). 305. Modification to nontraditional defense contractor definitions Section 3014 of title 10, United States Code, is amended— (1) by striking means an entity that is not currently performing and inserting the following: “means an entity that— (1) is not currently performing ; and (2) by striking such section. and inserting the following: “such section; (2) certifies that, for the ultimate parent company’s three audited annual financial statements preceding the solicitation of sources by the Department of Defense for the procurement or transaction, has— (A) achieved more than 30 percent year-over-year revenue growth; or (B) has reinvested back into the business more than 10 percent of its revenue through non-reimbursable research and development; or (3) certifies that it has raised funding through third-party sources in exchange for equity amounting to a minimum of 5 percent of the value of the company's total outstanding shares within the last two years. . 306. Alternative capability based pricing (a) Program The head of an agency (as that term is defined in section 3004 of title 10, United States Code) may use alternative capability-based analysis to determine whether the proposed price or fee for a commercial product or commercial service offered by a nontraditional defense contractor (as that term is defined in section 3014 of such title) is fair and reasonable. (b) Alternative capacity-Based analysis defined In this section, the term alternative capability-based analysis means an analysis of the value to the Federal Government of a commercial product or commercial service that considers one or more of the following elements: (1) The fitness of the product or service for the particular purpose such product or service is being procured. (2) The unique nature of technical expertise required to produce or provide and the non-Federal resources expended to develop such product or service. (3) The business model or financial projections of the nontraditional defense contractor, commensurate with the scale of the potential investment by the Secretary of Defense, which may include cost information, self-funded risk, financial projections, expenditure rates, estimates of total sales market, and other financial, technical, or management data. (4) The estimated total cost avoidance or increased capacity afforded by the offered product or service in relation to current and future costs of programs and operations that provide the same or similar capabilities. (5) Input from the military user on the potential value added by the improved capabilities or production processes. (6) An analysis of competitive capabilities offered within a fixed budget or price set by the government in a solicitation. 307. Modifications to certain procurement thresholds (a) Simplified procedures for small purchases Section 3205(a) of title 10, United States Code, is amended— (1) in paragraph (1), by striking simplified acquisition threshold and inserting threshold specified in section 3571(a) of this title ; and (2) in paragraph (2), by striking $5,000,000 and inserting $50,000,000 . (b) Simplified acquisition threshold Section 3571 of title 10, United States Code, is amended— (1) in subsection (a), by striking as specified in section 134 of title 41 and inserting $10,000,000 ; and (2) in subsection (b)— (A) by inserting (1) before No law ; and (B) by adding at the end the following new paragraph: (2) For purposes of acquisitions by agencies named in section 3063 of this title, the small business reservation established in section 15(j) of the Small Business Act ( 15 U.S.C. 644(j) ) shall be $500,000. . (c) Micro-Purchase threshold Section 3573 of title 10, United States Code, is amended by striking $10,000 and inserting $100,000 . (d) Deductions from amounts due carriers Section 2636(b)(1) of title 10, United States Code, is amended by striking simplified acquisition threshold and inserting threshold specified in section 3571(a) of this title . (e) Planning and solicitation requirements Section 3206(b) of title 10, United States Code, is amended in subsection (b) by striking simplified acquisition threshold and inserting threshold specified in section 3205(a)(2) of this title . (f) Contracts awarded using procedures other than sealed-bid procedures Section 3321(b)(3) of title 10, United States Code, is amended by striking simplified acquisition threshold and inserting threshold specified in section 3571(a) of this title . (g) Cost contracts Section 3322(c)(1)(B) of title 10, United States Code, is amended by striking simplified acquisition threshold and inserting threshold specified in section 3571(a) of this title . (h) Preference for commercial products and commercial services Section 3453(c)(1) of title 10, United States Code, is amended by striking simplified acquisition threshold each place it appears and inserting threshold specified in section 3571(a) of this title . (i) Preference for commercial services Section 876 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 3453 note) is amended— (1) by striking $10,000,000 each place it appears and inserting $50,000,000 ; and (2) in paragraph (2), by striking simplified acquisition threshold and inserting threshold specified in section 3571(a) of this title . (j) Market research and preference for commercial items Section 855(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 116–92 ; 10 U.S.C.3453 note) is amended by striking simplified acquisition threshold and inserting threshold specified in section 3571(a) of this title . (k) Examination of records of contractors Section 3841(g)(2) of title 10, United States Code, is amended by striking simplified acquisition threshold and inserting threshold specified in section 3571(a) of this title . (l) Contractors inventory accounting systems: standards Section 3845(b) of title 10, United States Code, is amended by striking simplified acquisition threshold and inserting threshold specified in section 3571(a) of this title . (m) Requests for equitable adjustment or other relief Section 3862 of title 10, United States Code, is amended— (1) in subsection (a), by striking simplified acquisition threshold and inserting threshold specified in section 3571(a) of this title ; and (2) in subsection (d)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (n) Expenditure of appropriations: limitation Section 4651(b) of title 10, United States Code, is amended by striking as defined in section 134 of title 41 and inserting as defined in section 3571(a) of this title . (o) Prohibition against doing business with certain offerors or contractors Section 4654(d) of title 10, United States Code, is amended by striking as defined in section 134 of title 41 and inserting as defined in section 3571(a) of this title . (p) Prohibition of contractors limiting subcontractor sales directly to the United States Section 4655(c) of title 10, United States Code, is amended by striking as defined in section 134 of title 41 and inserting as defined in section 3571(a) of this title . (q) Prohibition on persons convicted of defense-Contract related felonies and related criminal penalty on defense contractors Section 4656(a)(4)(A) of title 10, United States Code, is amended by striking as defined in section 134 of title 41 and inserting as defined in section 3571(a) of this title . (r) Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel Section 4659(b) of title 10, United States Code, is amended by striking as defined in section 134 of title 41 and inserting as defined in section 3571(a) of this title . (s) Supplies: identification of supplier and sources Section 4753(b)(3) of title 10, United States Code, is amended striking as defined in section 134 of title 41 and inserting as defined in section 3571(a) of this title . (t) Miscellaneous limitations on the procurement of goods other than United States goods Section 4864 of title 10, United States Code, is amended in paragraph by striking simplified acquisition threshold each place it appears and inserting threshold specified in section 3571(a) of this title . 308. Modifications to commercial solutions openings Section 3458 of title 10, United States Code, is amended— (1) by amending subsection (a) to read as follows: (a) Authority The Secretary of Defense and the Secretaries of the military departments may acquire commercial products, commercial services, and nondevelopmental items through a competitive selection of proposals resulting from a general solicitation and the peer review, technical review, or operational review (as appropriate) of such proposals, and may issue, without further justification, follow-on contract awards or agreements, including sole source awards or agreements, to the recipient. ; (2) by redesignating subsection (c), (d), and (e) as subsections (d), (e), and (h), respectively; (3) by inserting after subsection (b) the following new subsection: (c) Sole-Source follow-On The Secretary of Defense and the Secretaries of the military departments may issue, without further justification, follow-on contract awards or agreements, including sole source awards or agreements, to a recipient competitively selected under subsection (a). ; (3) in paragraph (1) of subsection (d), as redesignated by paragraph (2) of this section, by striking the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive and inserting the head of the contracting activity (or the head of the contracting activity's designated delegate) ; (4) in subsection (e), as so redesignated— (A) by striking (1) ; and (B) by striking paragraph (2); and (5) by inserting after such subsection, as so redesignated, the following new subsections: (f) Limitation on delegations of authority The authority of the head of the contracting activity under subsection (d)(1) may be delegated only to an officer or employee who— (1) if a member of the Armed Forces, is a general, or flag officer; or (2) if a civilian, is serving in a position with a grade under the General Schedule (or any other schedule for civilian officers or employees) that is comparable to or higher than the grade of brigadier general or rear admiral (lower half). (g) Nontraditional vehicle (1) The Secretary of Defense shall establish an open topic and enduring general solicitation described in subsection (a) for each systems command, science and technology reinvention laboratory, and portfolio acquisition executive. (2) Only nontraditional defense contractors (as defined in section 3014 of this title) may submit proposals and be eligible for an award or agreement under the general solicitations established pursuant to paragraph (1). (3) The preferred model for developing and producing operational military capabilities using general solicitations in paragraph (1) shall be the urgent capability acquisition, middle tier of acquisition, software acquisition, or services acquisition pathways of the Department of Defense Adaptive Acquisition Framework described in Department of Defense Instructions 5000.85 and 5000.2. . 309. Modifications to other transactions (a) In general Section 4022 of title 10, United States Code, is amended— (1) in subsection (a)— (A) by amending paragraph (2) to read as follows: (2) The authority of this section may be exercised for a transaction for a prototype project, or for a transaction for a follow-on production contract or transaction that is awarded pursuant to subsection (f) or (g), that is expected to cost the Department of Defense in excess of $100,000,000 (including all options) only upon a written determination that the requirements of subsection (d) will be met by a head of the contracting activity, or, for the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or the Missile Defense Agency, the director of the agency. ; and (B) by amending paragraph (3) to read as follows: (3) The authority of the head of the contracting activity, the director of the Defense Advanced Research Projects Agency, the director of the Defense Innovation Unit, the director of the Missile Defense Agency, or the senior procurement executive, as applicable, under paragraph (2), may not be delegated. ; (2) in subsection (e)— (A) by amending paragraph (1) to read as follows: (1) The term head of the contracting activity means those officials within the organization who have responsibility for and manage an acquisition organization and usually hold unlimited procurement authority. ; and (B) by adding at the end the following new paragraph: (6) The term follow-on production means a contract or transaction that is intended to further develop, test, produce, deploy, operate, or sustain a capability that was successfully prototyped under the authority established in subsection (a). ; (3) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (4) by inserting after subsection (g) the following new subsection: (h) Authority To award a production transaction To rapidly field an existing capability A production transaction may be awarded, with or without the use of competitive procedures, to acquire emergent and proven technologies and field production quantities of new or upgraded systems that do not require additional development and have been demonstrated in a relevant environment when the appropriate service or component acquisition executive determines in writing that exceptional circumstances justify the use of such a transaction to address a high priority warfighter need. . 310. Modifications to commercial product and commercial service determinations by Department of Defense Section 3456 of title 10, United States Code, is amended by striking subsections (a) through (c) and inserting the following new subsections: (a) In general The Secretary of Defense shall create a default determination that products and services acquired by the Department of Defense are commercial and shall be acquired using commercial procedures, and, to the maximum extent practicable, general solicitation procedures under section 3458 of this title, unless determined to be non-commercial by the Department of Defense contracting officer. (b) Determinations regarding the non-Commercial nature of products or services A defense-unique development product or service may not be procured if there is a commercial product or service, with or without customization, that meets the minimum requirements of the Department of Defense. In making a determination whether a particular product or service offered by a contractor is non-commercial and does not meet any definition for commercial products or commercial services, a contracting officer of the Department of Defense shall submit a written memorandum summarizing the determination for approval by the head of contracting activity, prior to awarding the contract, and provide it to the contractor or subcontractor offering the product or service for which such determination is summarized in such memorandum. The memorandum shall include— (1) a detailed justification why the product or commercial service was determined to be noncommercial including the results of market research; and (2) a signed determination by the program manager that the requirement could not be reasonably changed to accommodate a commercial product or commercial service. (c) Definition The term defense-unique development means a Department of Defense-financed development, either to repurpose a commercial product or solution or to develop a new product or solution, to provide a defense-unique capability. . 311. Commercially acceptable transaction and payment methods (a) In general In the case contracts using commercial procedures or other transactions, procurement officials of the Department of Defense shall use the most efficient, expeditious, and commercially acceptable transaction and payment methods practicable. (b) Government purchase card In the case of an acquisition of commercial products, commercial services, nondevelopmental items, or other transactions agreements up to $25,000,000, a procurement official— (1) may use the Government purchase card as a transaction and payment method subject to the limitations of the contracting officer’s warrant and Department of Defense purchase card procedures and limitations; (2) may not use flexibly priced contracts that require the application of the Government’s cost accounting standards or cost principles; and (3) may not provide for advance payments or contract financing greater than 15 percent. (c) Micro-Purchase procedures Nothing in this section shall affect the ability of the Department of Defense to use micro-purchase procedures for acquisitions below the micro-purchase threshold. 312. Transparency and accountability of contract awards Notice of all contract awards or other agreements shall be publicly posted within a reasonable period of time after the award or agreement is made, taking into consideration operational security. The notice of award or agreement shall include the purchase order or other record of the transaction that includes quantities and prices of the individual products or services being acquired. 313. Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services (a) Contract clauses required in the Federal Acquisition Regulation (1) In general Chapter 247 of title 10, United States Code, is amended by adding at the end the following new section: 3459. Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services (a) In general The Secretary of Defense may not require that a clause be included in a subcontract for commercial products and services other than a clause required by a provision of law that is on the list required by section 3452 of this title. (b) Single clause requirement The Secretary of Defense shall provide for implementation of all provisions of law applicable to subcontracts for commercial products and services through— (1) a single clause applicable to contracts for commercial products and services; and (2) a single clause applicable to contracts for noncommercial products and services. . (2) Clerical amendment The table of sections at the beginning of chapter 247 of title 10, United States Code, is amended by inserting after the item relating to section 3458 the following new item: 3459. Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services. . (b) Effective dates (1) In general The requirements under section 3459 of title 10, United States Code, as added by subsection (a), shall apply with respect to solicitations issued by the Department of Defense after the end of the 120-day period beginning on the date of the enactment of this Act. (2) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the Defense Federal Acquisition Regulation Supplement to implement section 3459 of title 10, United States Code, as added by subsection (a). 314. Modifications to relationship of other provisions of law to procurement of commercial products and commercial services Section 3452 of title 10, United States Code, is amended by striking subsections (b) through (f) and inserting the following new subsections: (b) Applicability of defense-Unique statutes to contracts for commercial products and commercial services (1) The Defense Federal Acquisition Regulation Supplement shall include a list of defense-unique provisions of law and of contract clause requirements based on government-wide acquisition regulations, policies, or executive orders expressly required in law that are applicable to contracts for the procurement of commercial products and commercial services by the Department of Defense. (2) A provision of law or contract clause requirement described in subsection (e) that is enacted after October 13, 1994, shall not be included on the list of applicable provisions of law and contract clause requirements required by paragraph (1) unless the Under Secretary of Defense for Acquisition and Sustainment makes a written determination that it would be in the best interest of the Department of Defense to apply the provision or contract clause requirement to the contract for the procurement of commercial products and commercial services. (c) Applicability of defense-Unique statutes to subcontracts for commercial products and commercial services (1) The Defense Federal Acquisition Regulation Supplement shall include a list of defense-unique provisions of law and of contract clause requirements based on government-wide acquisition regulations, policies, or executive orders expressly required in law that are applicable to subcontracts for the procurement of commercial products and commercial services. A provision of law or contract clause requirement properly included on the list pursuant to paragraph (2) must apply to purchases of commercial products and commercial services by the Department of Defense. (2) A provision of law or contract clause requirement described in subsection (e) that is enacted after October 13, 1994, shall not be included on the list of applicable provisions of law and contract clause requirements required by paragraph (1) unless the Under Secretary of Defense for Acquisition and Sustainment makes a written determination that it would be in the best interest of the Department of Defense to apply the provision or contract clause requirement to the subcontract for the procurement of commercial products and commercial services. (3) In this subsection, the term subcontract — (A) includes a transfer of commercial products and commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor; and (B) does not include agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract. (4) This subsection does not authorize the waiver of the applicability of any provision of law or contract clause requirement with respect to any first-tier subcontract under a contract with a prime contractor reselling or distributing commercial products and commercial services of another contractor without adding value. (d) Applicability of defense-Unique statutes to contracts for commercially available, off-the-Shelf items (1) The Defense Federal Acquisition Regulation Supplement shall include a list of defense-unique provisions of law and of contract clause requirements based on government-wide acquisition regulations, policies, or executive orders expressly required in law that are applicable to subcontracts for the procurement of commercially available off-the-shelf items by the Department of Defense. (2) A provision of law or contract clause requirement described in subsection (e) that is enacted after October 13, 1994, shall not be included on the list of applicable provisions of law and contract clause requirements required by paragraph (1) unless the Under Secretary of Defense for Acquisition and Sustainment makes a written determination that it would be in the best interest of the Department of Defense to apply the provision or contract clause requirement to the procurement of commercially available off-the-shelf items. (e) Covered provision of law or contract clause requirement A provision of law or contract clause requirement referred to in subsections (b)(2), (c)(2), and (d)(2) is a provision of law or contract clause requirement that the Under Secretary of Defense for Acquisition and Sustainment determines sets forth policies, procedures, requirements, or restrictions for the procurement of property or services by the Federal Government, except for a provision of law or contract clause requirement that— (1) provides for criminal or civil penalties; (2) requires that certain articles be bought from United States sources pursuant to section 4862 of this title, or requires that strategic materials critical to national security be bought from United States sources pursuant to section 4863 of this title; or (3) specifically refers to this section and provides that, notwithstanding this section, it shall be applicable to contracts for the procurement of commercial products and commercial services. . 315. Nontraditional defense contractor commercial solutions opening Section 3458 of title 10, United States Code, is amended by adding at the end the following new subsection: (j) Nontraditional vehicle (1) The Secretary of Defense shall establish consortia to conduct prototype projects and follow-on production under the authority of section 4022 of this title for each systems command and each portfolio acquisition executive. (2) Of the consortia established pursuant to paragraph (1), the membership of the consortia shall be limited to nontraditional defense contractors (as defined in section 3014 of this title). (3) The preferred model for developing and producing operational military capabilities using the consortia in paragraph (1) shall be the urgent capability acquisition, middle tier of acquisition, software acquisition, or services acquisition pathways of the Department of Defense Adaptive Acquisition Framework described in Department of Defense Instruction 5000.2. . 316. Program management office competition (a) Authorization Not later than April 1, 2025, the service and component acquisition executives shall establish guidance requiring separate program managers and contracting officers within the Department of Defense to compete alternative prototypes for a program with an independent down-select to determine the winner. (b) Selection of programs Each service and component acquisition executive shall designate not less than three programs annually for use of the procedures established under subsection (a). (c) Selection of personnel For each program selected under subsection (b), the service or component acquisition executive shall select not less than two separate program managers and contracting officers who shall— (1) assume management of distinct prime contractors that do not share ownership from the same ultimate parent company; (2) sign a tenure agreement through the end of the competitive down-select under subsection (e); and (3) be selected from existing personnel of the Department of Defense. (d) Prototype phase Each program manager and contracting officer selected under subsection (c) for a specific program shall be provided equal funding and scheduling constraints to deliver a prototype demonstration for the program requirement. (e) Competitive down-Select The service or component acquisition executives, in coordination with operational test and evaluation activities and the commanders of the combatant commands, shall— (1) evaluate the prototypes delivered under subsection (d) with direct input from military users; (2) regard any program manager-approved deviation from the program requirement under subsection (f)(2) to be valid; and (3) select a winner eligible for a sole source follow-on contract or other agreement under subsection (f)(1). (f) Exemptions and special procedures (1) Competitive procedures exemption Contracts awarded under the procedures established in subsection (a) shall be considered use of competitive procedures established for the purposes of chapter 221 of this title. (2) Joint Capabilities Integration and Development System exemption The requirement for the program under subsection (b) shall be exempt from the Joint Capabilities Integration and Development System and a program manager may deviate from the requirement without additional approval. (3) Test and Evaluation Master Plan The program under subsection (b) shall utilize a streamlined Test and Evaluation Master Plan that must be submitted prior to the competitive down-select phrase described in subsection (e). (4) Acquisition strategy Each program manager and contracting officer shall submit a streamlined acquisition strategy of no more than 20 pages prior to the start of the prototype phase under subsection (d). (g) Delegation The service or component acquisition executive may delegate the down-selection described in subsection (e) to personnel other than personnel selected under subsection (c) or personnel that may have a conflict of interest. 317. Middle tier of acquisition for rapid prototyping and rapid fielding (a) In general Chapter 253 of title 10, United States Code, is amended by adding at the end the following new section: 3602. Middle tier of acquisition for rapid prototyping and rapid fielding (a) Guidance required The Under Secretary of Defense for Acquisition and Sustainment shall establish pathways as described under subsection (b) to establish a process for conducting middle tier acquisitions for programs or projects that are intended to be completed in a period of two to five years. (b) Acquisition pathways The Under Secretary of Defense for Acquisition and Sustainment shall establish the following two acquisition pathways: (1) Rapid prototyping The rapid prototyping pathway shall provide for the use of innovative technologies to rapidly develop fieldable prototypes to demonstrate new capabilities and meet emerging military needs. The objective of an acquisition program or project under this pathway shall be to field a prototype that can be demonstrated in an operational environment and provide for a residual operational capability within five years of initiation. (2) Rapid fielding The rapid fielding pathway shall provide for the use of proven technologies to field production quantities of new or upgraded systems with minimal development required. The objective of an acquisition program or project under this pathway shall be to begin production within six months and complete fielding within five years of initiation. (c) Expedited process (1) In general Before using the authority under this section, the Under Secretary shall develop a streamlined and coordinated requirements, budget, and acquisition process that results in the development of an approved requirement for each acquisition program or project in a period of not more than six months from the time that process is initiated. Programs of projects carried out under the authority of this section shall not be subject to the Joint Capabilities Integration and Development System Manual and Department of Defense Directive 5000.01. (2) Rapid prototyping With respect to the rapid prototyping pathway, the process described in paragraph (1) shall include— (A) a merit-based process for considering innovative technologies and new capabilities to meet needs communicated the Joint Chiefs of Staff or the combatant commanders; (B) a process for developing and implementing acquisition and funding strategies for a program or project to be carried out under such pathway; (C) a process for demonstrating and evaluating the performance of fieldable prototypes developed pursuant to such program or project in an operational environment; (D) a process for transitioning successful prototypes into new or existing acquisition programs for production and fielding under the rapid fielding or major capability acquisition pathway (as defined under Department of Defense Instruction 5000.85 or successor instruction); and (E) a process for iterating prototyping and fielding within the rapid prototyping pathway that may use a process described in paragraph (4)(E). (3) Rapid fielding With respect to the rapid fielding pathway, the process described in paragraph (1) shall include— (A) a merit-based process for considering innovative technologies and new capabilities to meet needs communicated the Joint Chiefs of Staff or the combatant commanders; (B) a process for developing and implementing acquisition and funding strategies for a program or project to be carried out under such pathway; (C) a process for demonstrating performance and evaluating for current operational purposes and the proposed products and technologies; (D) a process for considering lifecycle costs and addressing issues of logistics support and system interoperability; and (E) a process for identifying and exploiting opportunities to use the rapid fielding pathway to reduce total ownership costs. (4) Streamlined procedures The process described in paragraph (1) shall provide for all of the following streamlined procedures: (A) A program manager shall be provided staff positions for a technical staff, including experts in business management, cost estimation, contracting, auditing, engineering, certification, testing, cyber, and logistics, to enable the program manager to manage the program or project without the technical assistance of another element of the Department of Defense to the maximum extent practicable. (B) A program manager shall, in coordination with the users of the good or service to be acquired under such a program or project and the test community, have the authority to make trade-offs among lifecycle costs, requirements, and schedules to meet the goals of the program or project. (C) Each service acquisition executive, acting in coordination with the defense acquisition executive, may serve as the decision authority for a program or project for which the authority under this section is used or shall delegate such decision authority. (D) A program manager may seek an expedited waiver from any regulatory requirement, or in the case of a statutory requirement, a waiver from Congress, that the program manager determines adds cost, schedule, or performance delays with little or no value to the management of such program or project. (E) If an operational capability is demonstrated for a program or project for which the authority under this section is used, the appropriate service acquisition executive may permit continuous iterative prototyping and fielding under the same program or project for an unlimited number of subsequent periods, where each period is intended to be five years. . (b) Clerical amendment The table of sections at the beginning of chapter 253 of title 10, United States Code, is amended by inserting after the item relating to section 3601 the following new item: 3602. Middle tier of acquisition for rapid prototyping and rapid fielding. . (c) Repeal of superseded authority Section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3201 note prec.) is repealed. (d) Conforming amendments (1) Section 3601 of title 10, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1)(B), by striking section 804 rapid acquisition pathway and inserting rapid acquisition pathway ; and (ii) by amending paragraph (2) to read as follows: (2) Rapid acquisition pathway defined In this section, the term rapid acquisition pathway means the rapid prototyping or the rapid fielding acquisition pathway authorized under section 3602 of this title. ; (B) in subsection (b)(4), by striking the guidance developed under section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3201 note prec.) and inserting section 3602 of this title ; and (C) in subsection (c), by striking section 804 rapid acquisition pathway each place it appears and inserting rapid acquisition pathway . (2) Section 4201(b)(1) of title 10, United States Code, is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3201 note prec.) and inserting section 3602 of this title . (3) Section 4324(d)(5)(B) of title 10, United States Code, is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2302 note) and inserting section 3602 of this title . (4) Section 4423(e) of title 10, United States Code, is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2302 note) and inserting section 3602 of this title . (5) Section 810(a) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 4067 note) is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3201 note prec.) and inserting section 3602 of title 10, United States Code . (6) Section 1608(e) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 2271 note) is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3201 note prec.) and inserting section 3602 of title 10, United States Code . (7) Section 807(e)(4) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 9081 note) is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2302 note) and inserting section 3602 of title 10, United States Code . (8) Section 884(c)(2)(E) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 4291 note prec.) is amended by striking section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2302 note) and inserting section 3602 of title 10, United States Code . 318. Revision and codification of software acquisition pathways (a) In general Chapter 253 of title 10, United States Code, as amended by section 318, is further amended by adding at the end the following new section: 3603. Software acquisition pathways (a) Software acquisition and development pathways The Secretary of Defense shall establish pathways as described under subsection (b) to provide for the efficient and effective acquisition, development, integration, and timely delivery of software and covered hardware. (b) Pathways The Secretary of Defense may establish as many pathways under this section as the Secretary determines appropriate and shall establish the following pathways: (1) Applications The applications pathway shall provide for the use of rapid development and implementation of applications and other software or software improvements operated by the Department of Defense, which may include applications and associated procurement of covered hardware (including modifications of a type not customarily available in the commercial marketplace to meet Department requirements), commercially available cloud computing platforms, and other nondevelopmental items. (2) Embedded systems The embedded systems pathway shall provide for the rapid development and insertion of upgrades and improvements for software and covered hardware embedded in weapon systems and other hardware systems unique to the Department of Defense. (c) Requirements for pathways A pathway established under this section shall provide for the use of proven technologies and solutions to continuously engineer and deliver capabilities for software and covered hardware. (d) Considerations for use of authority In using the authority under this section, the Secretary shall consider how such use will— (1) initiate the engineering of new software capabilities quickly, and, if applicable, the integration of such capabilities into covered hardware; (2) demonstrate the viability and effectiveness of such capabilities for operational use not later than one year after the date on which funds are first obligated to acquire or develop software; and (3) allow for the continuous updating and delivery of new capabilities not less frequently than annually to iteratively meet a user need. (e) Treatment not as major defense acquisition program Software and covered hardware acquired or developed using the authority under this section shall not be treated as a major defense acquisition program for purposes of section 4201 of this title. (f) Risk-Based approach The Secretary of Defense shall use a risk-based approach for the consideration of innovative technologies and new capabilities for software and covered hardware to be acquired or developed under this authority to meet needs communicated by the Joint Chiefs of Staff or the combatant commanders. (g) Expedited process (1) In general A pathway established under this section shall provide for— (A) a streamlined and coordinated requirements, budget, and acquisition process to support rapid fielding of software applications and of software upgrades to embedded systems for operational use in a period of not more than one year from the time that the process is initiated; and (B) continuous engagement with the users of software and covered hardware to support— (i) engineering activities of the Department of Defense; and (ii) delivery of software and covered hardware for operational use in periods of not more than one year. (2) Expedited software requirements process (A) Inapplicability of joint capabilities integration and development system manual Software and covered hardware acquisition or development conducted under the authority of this section shall not be subject to the Joint Capabilities Integration and Development System Manual. (B) Inapplicability of defense acquisition system directive Software and covered hardware acquisition or development conducted under the authority of this section shall not be subject to Department of Defense Directive 5000.01. (h) Elements In implementing a pathway established under the authority of this section, the Secretary shall tailor streamlined policies and processes relating to— (1) approval initial user needs statements and user agreements; (2) establishing and maintaining a prioritized list of work for development; (3) engaging with product users on a regular basis; (4) approving acquisition strategies; (5) awarding contracts; (6) iteratively developing, integrating, testing, and fielding capability; and (7) ensuring the delivery of cyber secure systems. (i) Definitions In this section: (1) Covered hardware The term covered hardware means hardware— (A) that is a commercial product (as defined in section 103 of title 41) or a nondevelopmental item; and (B) in which software acquired under this section is embedded. (2) Nondevelopmental item The term nondevelopmental item has the meaning given the term in section 110 of title 41. . (b) Clerical amendment The table of sections at the beginning of chapter 253 of title 10, United States Code, as amended by section 318, is further amended by inserting after the item relating to section 3602 the following new item: 3603. Software acquisition pathways. . (c) Repeal of superseded authority (1) Repeal Section 800 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note) is repealed. (2) Conforming amendment Section 807(e)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 9081 note) is amended by striking section 800 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1478; 10 U.S.C. 2223a note) and inserting section 3603 of title 10, United States Code . 319. Modifications to steps to identify and address potential unfair competitive advantage of technical advisors to acquisition officials (a) Guidance required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance on steps to identify and prevent the potentially unfair competitive advantage of entities providing technical advice to acquisition officials in the award of research and development work by such officials. (b) Definitions For the purposes of this section— (1) the term potentially unfair competitive advantage means unequal access to acquisition officials responsible for award decisions or allocation of resources or to acquisition information relevant to award decisions or allocation of resources; and (2) the term entity providing technical advice to acquisition officials means a science and technology reinvention laboratory or a federally funded research and development center or another nonprofit entity that provides systems engineering and technical direction, participates in technical evaluations, helps prepare specifications or work statements, or otherwise provides technical advice to acquisition officials on the conduct of defense acquisition programs. (c) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the policies established under this section. The report shall— (1) describe how any employee or assigned personnel of an entity defined in subsection (b)(2) will be— (A) prevented from performing acquisition functions, including the development, award, or administration of contracts of the program offices; (B) prevented from formulating, overseeing, or evaluating performance on developmental or operational testing, or experimentation; and (C) allowed to request a waiver to provide technical advice to acquisition officials if— (i) the individual has never supported a product, service, or development of a modular open system architecture that may compete or be required by the acquisition effort of the acquisition official; (ii) a process is established to report any potentially unfair competitive advantage violations by such an employee or assigned personnel to the program manager or contracting officer as soon as it is identified; (iii) a process is established to maintain effective oversight to verify compliance with this section; and (iv) appropriate disciplinary actions are established in the case of employees or assigned personnel who fail to comply with policies established pursuant to this section; and (2) provide information on pass-through charges that the science and technology reinvention laboratories charge acquisition officials when receiving funded work from Department of Defense program offices, including the values charged by each science and technology reinvention laboratory and the ultimate uses of the funds. (d) Repeal of obsolete authority The National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 942) is amended by striking section 881. 320. Modifications to procurement for experimental purposes Section 4023 of title 10, United States Code, is amended— (1) in subsection (a), by striking ordnance, signal, chemical activity, transportation, energy, medical, space flight, telecommunications, and aeronautical supplies, including parts and accessories, and designs thereof, and inserting demonstrations, prototypes, products, supplies, parts, accessories, auxiliary services, and design for defense-related articles ; (2) in subsection (b)— (A) by inserting or modified after may be made ; and (B) by inserting prototyping, after greater than necessary for ; and (3) by adding at the end the following new subsection: (c) Follow-On production contracts or transactions Purchases under this section may allow for follow-on production contracts or transactions without the use of competitive procedures or further justification, even if explicit notification was not provided, if a combatant command submits a written determination that the purchased item successfully completed the experiment and intends to field the item. . 321. Consumption-based solutions (a) Authority Chapter 247 of title 10, United States Code, is amended by adding at the end the following new section: 3459. Authority to acquire consumption-based solutions (a) Authority The Secretary of Defense and the Secretaries of the military departments may acquire technology-supported capabilities through consumption-based solutions. (b) Guidance required The Secretary of Defense shall amend the Defense Federal Acquisition Regulation Supplement to implement the authority under subsection (a), including— (1) creating a new subcategory of services under part 37 of the Federal Acquisition Regulation, entitled Consumption-based solutions that— (A) is any combination of hardware, equipment, software, labor, or services that together provides a seamless capability; (B) has the ability to be metered and billed based on actual usage; (C) has predetermined pricing at fixed price units; (D) requires the awardee to notify the Department of Defense contracting officer when consumption under the contract reaches 75 percent and 90 percent of the funded amount, respectively, of the contract; and (E) treats modifications to a contract entered into under the authority established in subsection (a) to add new features or capabilities in an amount less than or equal to 25 percent of the total value of such contract as competitive procurements under chapter 221 of this title; and (2) creating a new contract type under part 16 of the Federal Acquisition Regulation, entitled Fixed-price resource units that establishes fixed price per unit of measure as the preferred contract type for the authority established under subsection (a). (c) Funding Amounts authorized to be appropriated for acquisitions using the authority under subsection (a)— (1) may be used for expenses for— (A) research, development, test and evaluation; (B) procurement; (C) production; (D) modification; and (E) operation and maintenance; and (2) may be used to enter into incrementally funded contracts or other agreements. (d) Consumption-Based solution defined In this section, the term consumption-based solution means a model under which a technology-supported capability is provided to the Department of Defense and may utilize any combination of software, hardware or equipment, data, and labor or services that provides a capability that is metered and billed based on actual usage at fixed price units. . (b) Clerical amendment The table of sections at the beginning of chapter 247 of title 10, United States Code, is amended by inserting after the item relating to section 3458 the following new item: 3459. Authority to acquire consumption-based solutions. . IV Promotion of competition in the defense industrial base 401. Program for enhancing secondary sources and supply chain management for the Department of Defense (a) Program established The Secretary of Defense shall establish policy, regulations, and guidance to enhance the creation and utilization of secondary sources for Department of Defense systems. The program shall— (1) define qualification, testing, evaluation, and airworthiness determinations for secondary sources; (2) create prepackaged templates, including Source Approval Request (SAR) and Parts Manufacturer Approval (PMA), for various categories of parts and systems; and (3) address part availability problems, obsolescence management, and supply chain cost inflation. (b) Objectives The objectives of the program established under subsection (a) are— (1) to develop a streamlined process for secondary source qualification that can be rapidly deployed in both wartime and peacetime conditions; (2) to ensure that the qualification process during wartime can be completed within weeks, rather than months or years, to maintain operational readiness and support rapid deployment; and (3) to maintain a robust and flexible supply chain that adopt advanced manufacturing techniques and can quickly adapt to changing conditions and requirements. (c) Templates The Secretary of Defense shall develop a process and detailed templates for qualification, testing, certification, and airworthiness determinations as follows: (1) Not later than 180 days after the date of the enactment of this Act, the establishment of policies implementing the process to encourage and support the delegation of material review board authorities, processes, and approvals to the contractor or subcontractor (at any tier) with respect to non-safety critical items for industrial capabilities described in subsection (b). (2) The implementation, where feasible and advisable, of commercial processes and procedures, including forms and templates such as Sources Approval Requests and Alternative Offers, for the evaluation and qualification of vendors, including manufacturers and distributors, that are part of the program established under subsection (a). (3) The implementation of processes and, if necessary, the development of military specifications or other similar requirements documents to pre-qualify vendors to supply safety critical items or mission critical items for industrial capabilities based on— (A) an assessment of the vendor’s material and process controls to assure conformance to specification and contractual requirements; and (B) audit and inspection requirements of the Department of Defense. (4) The review of test reports and, not later than 45 days after a test is completed, notification of approval decisions to requesting member of the acquisition workforce (as defined in section 101 of title 10, United States Code). (5) The establishment of processes for qualification of safety critical or flight critical end items produced through advanced processes and technologies, such as additive manufacturing. (6) The consideration for evaluation and qualification of alternative material types that could be viable replacements or interchangeable sources of material using streamlined requirements; (7) Where appropriate, the development of processes for qualification of a system or subsystem by a designated approval authority within a military department in order to avoid the need for qualification of individual parts while ensuring the performance of parts and the interactions of the parts in the system or subsystem. (8) The development of pathways to streamline and consolidate the approval authority of the process established pursuant to subsection (a). (9) Minimization of the need for military-unique specifications and test procedures, and when required, the use of procedures that— (A) detail the performance or functions required by the item requiring qualification and do not constrain implementation of such process; and (B) is completed upon request by a member of the acquisition workforce— (i) not later than 30 days after the date of such request, for unmanned items, non-safety critical items, or non-mission critical items; and (ii) not later than 180 days after the date of such request, for safety critical items or mission critical items. (d) Transition planning The program established under subsection (a) shall incorporate ASME Y.14.24 Original Design Activity (ODA) and Current Design Activity (CDA) transition planning and templates, including— (1) standardized templates for transitioning from ODA to CDA; and (2) comprehensive guidelines for planning and executing transitions between ODA and CDA. (e) Part availability and obsolescence management The pilot program shall include strategies— (1) to implement improved inventory tracking systems; (2) to identify and pre-qualify alternative sources for critical parts, including Federal Aviation Administration-certified parts; and (3) to develop proactive obsolescence management strategies. (f) Cost management The program established under subsection (a) shall include measures— (1) to conduct regular benchmarking of Department of Defense part costs against commercial sector costs; and (2) to perform cost-benefit analyses to identify inefficiencies and areas for cost reduction. (g) Business rules and waiver procedures The program established under subsection (a) shall establish more effective exception or waiver procedures for business rules. These procedures shall— (1) allow for alternative design reviews; and (2) designate activities and roles in decision-making processes to ensure accountability and best value outcomes. (h) Licensing royalty plan The program established under subsection (a) shall establish a licensing royalty plan similar to the intellectual property (IP) rights royalty payments made during World War II by the predecessors to the Department of Defense, including— (1) fair and reasonable royalty payments to ODAs and CDAs for the use of intellectual property necessary for secondary source development; and (2) mechanisms to ensure timely and equitable distribution of royalty payments. (i) Workforce development The Secretary of Defense shall establish an engineering workforce development program to provide hands-on exposure for government engineers, manufacturing or repair staff, and software developers. The program shall— (1) equip participants with the skills necessary to effectively plan and execute secondary sourcing initiatives; (2) include training on qualification, testing, evaluation, and airworthiness determinations; and (3) provide opportunities for practical experience in working with secondary sources and supply chain management. (j) Cost savings exemption Activities under the program established under subsection (a) shall not require a determination of cost savings be met before creating an alternative source and obtaining technical data or software needed for replenishment parts or software, including by reverse engineering. The purpose of the exemption is to enable wartime logistics, point-of-use manufacturing at operating locations, alternative sourcing for suppliers or original equipment manufacturers (OEMs) unable to meet demand within accelerated wartime or contingency logistics demand schedules, or when mission readiness rates are adversely impacted, or when value engineering determines that alternative sourcing is a better option than OEM or current supplier value. (k) Level of repair analysis The program established under subsection (a) shall include Level of Repair Analysis (LORA) that considers non-economic factors such as battle damage repair, logistics under attack, and supply chain disruption factors in determining repair or replacement decisions. (l) Exemptions from certain investigations Items approved under the process developed pursuant to subsection (a) that do not present a safety risk to human life— (1) shall be exempt from Class A and Class B mishap investigations, as defined by the Secretary of Defense; and (2) shall be subject to streamlined investigation procedures, as determined by the Secretary of Defense, with respect to a mishap. (m) Liability protections Approval authorities responsible for the process developed pursuant to subsection (a) shall not be held liable by the Department of Defense for mishaps with respect to items approved pursuant to the process, absent evidence of willful misconduct, gross negligence, or intentional fraud. 402. Administration of the industrial expansion program (a) Requirement The Secretary of Defense shall establish an industrial expansion program that funds activities under subsection (b) according to the prioritization of property or services under subsection (c). (b) Activities permitted The industrial expansion program established under subsection (a) shall include the following activities: (1) The development, updating, or refinement of military specifications, to include military details, military performance specifications, and technical publications, and test procedures. (2) Activities associated with the mitigation of diminishing manufacturing sources and material shortages. (3) Reverse engineering or re-engineering property to create a technical data package or manufacturing capabilities. (4) Review and validation of technical data rights, ordering, inspection, and enforcement, including the challenge of improper markings and rights assertions. (5) Qualification, certification, testing, and associated oversight. (6) Advertising, loaning, or transferring required replenishment parts or data to potential sources of supply. (7) Procurement of organic equipment and development of organic information systems associated with activities described in paragraphs (1) through (6) that support capabilities described under section 2464 of title 10, United States Code. (8) Life-of-type buys if there is reasonable expectation that a manufacturing source will have to be created and qualified within the next three years. (c) Prioritization The Secretary of Defense shall ensure that funding for activities under subsection (b) shall be prioritized for the following needs: (1) Shortages in sustainment impacting a system’s mission capable rates below required objectives. (2) Items that are sequence critical or on the driving path for production schedules. (3) Items that have no qualified sources of supply. (4) Items for which a contracting officer cannot ascertain a fair and reasonable price, or for which a contractor has refused to provide cost or pricing data. (5) Items required to retain core logistics capabilities. (6) Items identified by combatant commanders as critical for point-of-use manufacturing under conditions of contested logistics. (d) Expenditure amounts The Department of Defense shall expend in connection with the program required under subsection (a)— (A) not less than 2 percent of its extramural procurement and sustainment budget in each of fiscal years 2026 and 2027; and (B) not less than 3 percent of its extramural procurement and sustainment budget in fiscal year 2028 and each fiscal year thereafter. (e) Exemptions The requirements, approvals, and order of preference in subpart 217.75 of the Defense Federal Acquisition Regulation Supplement and related procedures and guidance shall not apply. (f) Preference The prototype authority under section 4022 of title 10, United States Code, shall be the preferred mechanism for procuring activities under the program required under subsection (a), including with respect to a transition to production. (g) Definitions In this section: (1) Extramural budget The term extramural budget means the sum of the total obligations minus amounts obligated for such activities by employees of the agency in or through Government-owned, Government-operated facilities, except that for the Department of Energy it shall not include amounts obligated for atomic energy defense programs solely for weapons activities or for naval reactor programs. (2) Reverse engineering The term reverse engineering means a process by which parts are examined and analyzed to determine how they were manufactured, for the purpose of developing a complete technical data package, typically for purposes of enabling manufacture of an item by new sources. V Defense budgeting processes 501. Review of structure of the budget and appropriations for funding of defense acquisition programs (a) Review required The Secretary of Defense shall conduct a comprehensive review of the appropriation account, budget line item, and program element structure for the budget of the Department of Defense, with the objectives of— (1) identifying cases in which management of a program or system has been made more difficult due to the program or system having been subdivided into multiple budget line items or program elements; (2) identifying cases in which the budget line items or program elements for multiple programs or systems intended to provide a common set of capabilities, missions, or functions could be combined into a single budget line item or a single program element; (3) identifying steps that could be taken to address the cases identified under paragraphs (1) and (2) including a cross-walk of the existing budget structure to the new structure; (4) alignment, to the maximum extent possible, of budget line items or program elements to portfolio acquisition executives or similar portfolio managers; and (5) removal of appropriation titles for research, development, test and evaluation; procurement; and operation and maintenance, and reorganization based on military service and major capability and activity areas as recommended by the final report of the Commission on Planning, Programming, Budgeting, and Execution Reform. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report providing the results of the review under subsection (a), together with the Secretary’s plan for any changes to be made within the Department of Defense resulting from the review and such recommendations for legislative action as the Secretary considers appropriate as a result of the review. 502. Modifications to the Defense Modernization Account Section 3136 of title 10, United States Code, is amended— (1) in subsection (b)(1), by striking out of savings derived from such projects ; (2) in subsection (e)— (A) by striking paragraphs (1) and (2); and (B) by striking (3) Funds and inserting Funds ; (3) in subsection (f), by striking paragraph (3); and (4) in subsection (h)(2)— (A) in subparagraph (A), by inserting the semicolon and inserting ; and ; (B) in subparagraph (B), by striking the semicolon and inserting a period; and (B) by striking subparagraphs (C) and (D). 503. Amendments and repeals to budgetary requirements for defense acquisition (a) Amendments to existing law (1) Defense Intelligence Business Management Systems Section 1624 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2120) is amended by striking subsection (b). (2) Assignment of certain budget control responsibilities to commander of United States cyber command Section 1507(c)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 167b note) is amended— (A) by striking subparagraphs (C) and (D); and (B) by redesignating subparagraph (E) as subparagraph (C). (3) Limitation and reporting requirements for unmanned carrier-launched surveillance and strike system program Section 213 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 22 note) is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). (4) Body Armor Procurement Section 141 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 221 note) is amended to read as follows: 141. Body Armor Procurement The Secretary of Defense shall ensure that body armor is procured using funds authorized to be appropriated by this title. . (5) Rapid response to emergent technology advancements or threats Section 229(c)(2) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 3601 note) is amended by striking subparagraph (C). (6) Annual primary prevention research agenda Section 549A of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 1561 note) is amended by striking subsection (d). (7) Explosive Ordnance Disposal Defense Program Section 2284 of title 10, United States Code, is amended— (8) by striking subsection (c); and (9) by redesignating subsection (d) as subsection (c). (b) Repeals of existing law (1) In general The following provisions are hereby repealed: (A) Evaluation and assessment of the distributed common ground system Section 219 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 113–66 ; 10 U.S.C. 221 note). (B) Weapon system component or technology prototype projects: display of budget information Section 4421 of title 10, United States Code. (C) Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure Section 1510 of the National Defense Authorization Act for Fiscal Year 2022 (117–81; 135 Stat. 2036). (D) Separate program elements required for research and development of Joint Light Tactical Vehicle. Section 213 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 221 note). (E) Separate program elements required for research and development of individual body armor and associated components Section 216 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 221 note). (F) Separate procurement and research, development, test, and evaluation line items and program elements for the F-35B and F-35C joint strike fighter aircraft Section 217 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 221 note). (G) Separate program elements required for significant systems development and demonstration projects for Armored Systems Modernization program Section 214 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 10 U.S.C. 221 note). (H) Ballistic missile defense programs: program elements Section 223 of title 10, United States Code. (I) Acquisition accountability reports on the ballistic missile defense system Section 225 of title 10, United States Code. (J) Programs for combating terrorism: display of budget information Section 229 of title 10, United States Code. (K) POW/MIA activities: display of budget information Section 234 of title 10, United States Code. (L) Personal protection equipment procurement: display of budget information Section 236 of title 10, United States Code. (M) Embedded mental health providers of the reserve components: display of budget information Section 237 of title 10, United States Code. (N) Cyber mission forces: program elements Section 238 of title 10, United States Code. (O) Certain intelligence-related programs: budget justification materials Section 239b of title 10, United States Code. (P) Cooperative Ballistic Missile Defense program Section 233 of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 105–85 ; 10 U.S.C. 221 note). (Q) Budgeting of Department of Defense relating to operational energy improvement Section 322 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 221 note). (R) Budgeting of Department of Defense relating to extreme weather Section 328 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 221 note). (S) System management plan and matrix for the F-35 Joint Strike Fighter aircraft program Section 122 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 124 Stat. 4157). (T) Separate procurement line items for Future Combat Systems program Section 111 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 221 note). (U) Separate procurement and research, development, test, and evaluation line items and program elements for Sky Warrior Unmanned Aerial Systems project Section 214 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 221 note). (V) Requirement for separate display of budgets for Afghanistan and Iraq Section 1502 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 221 note). (2) Clerical amendments (A) The table of sections at the beginning of subchapter II of chapter 327 of title 10, United States Code, is amended by striking the item related to section 4421. (B) The table of sections at the beginning of chapter 9 of title 10, United States Code, is amended by striking the items related to sections 223, 225, 229, 234, 236, 237, 238, and 239b.