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119th Congress

Title 10 — Armed Forces

Part III · Chapter 953 — United States Air Force Academy

§ 9443. Cadets: appointment; to bring to full strength

Statutory text

If it is determined that, upon the admission of a new class to the Academy, the number of cadets at the Academy will be below the authorized number, the Secretary of the Air Force may fill the vacancies by nominating additional cadets from qualified candidates designated as alternates and from other qualified candidates who competed for nomination and are recommended and found qualified by the Academy Board. At least three-fourths of those nominated under this section shall be selected from qualified alternates nominated by the persons named in paragraphs (2) through (8) of section 9442(a) of this title, and the remainder from qualified candidates holding competitive nominations under any other provision of law. An appointment under this section is an additional appointment and is not in place of an appointment otherwise authorized by law.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 564, § 9343 · 70A Stat. 564

    Enacted · 10 U.S.C. § 9443

    Aug. 10, 1956, ch. 1041, 70A Stat. 564, § 9343

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 564, § 9343

  2. Pub. L. 88–276 § 4(2) · 78 Stat. 148

    Struck · 10 U.S.C. § 9443

    Pub. L. 88–276, among other changes, increased percentage of nominees to be selected from two-thirds to three-fourths, and struck out “as are necessary to meet the needs of the Air Force, but not more than the authorized strength of Air Force cadets” after “the Faculty”

    Source evidence

    Code amendment note
    Pub. L. 88–276, among other changes, increased percentage of nominees to be selected from two-thirds to three-fourths, and struck out “as are necessary to meet the needs of the Air Force, but not more than the authorized strength of Air Force cadets” after “the Faculty”.

    Enacted provision · exact public law section
    (2) The text of section. 9343 is amended to read as follows: 70A Stat. 564. “If it is determined that, upon the admission of a new Alternates. Appointment. class to the Academy, the number of cadets at. the Academy will be below the authorized number, the Secretary of the Air Force may fill the vacancies by nominating additional cadets from qualified candidates designated as alternates and from other qualified candidates who competed for nomination and are recommended and found qualified by the faculty. At least three-fourths of those, nominated under this section shall be selected from qualified alternates nominated by the persons named in clauses (2)–(H) of section 9342(a) of this title, and the remainder from qualified candidates holding competitive nominations under any other provision of law. An appointment under this section is an additional appointment and is not in place of an appointment otherwise authorized by law.”

  3. Pub. L. 89–718 § 46 · 80 Stat. 1113

    Substituted · 10 U.S.C. § 9443

    Pub. L. 89–718 substituted “Academy Board” for “Faculty”

    Source evidence

    Code amendment note
    Pub. L. 89–718 substituted “Academy Board” for “Faculty”.

    Enacted provision · exact public law section
    Sec. 46. Section 9343 of title 10, United States Code, is amended by 78 Stat. 153. striking out “faculty” in the first sentence and inserting in place thereof “Academy Board”.

  4. Pub. L. 93–171 § 3(5) · 87 Stat. 690

    Substituted · 10 U.S.C. § 9443

    Pub. L. 93–171 substituted “clauses (2)–(9) of section 9342(a)” for “clauses (2)–(8) of section 9342(a)”

    Source evidence

    Code amendment note
    Pub. L. 93–171 substituted “clauses (2)–(9) of section 9342(a)” for “clauses (2)–(8) of section 9342(a)”.

    Enacted provision · exact public law section
    (5) Section 9343 is amended by striking out “(2)–(8) ” and inserting 78 Stat. 153. 10 USC 9343. in place thereof “(2)–(9)”,

  5. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 § 532(a)(2) · 104 Stat. 1485

    1. Amended · 10 U.S.C. § 9443

      Pub. L. 101–510, § 532(a)(2), (c)(2), amended section identically

    2. Substituted · 10 U.S.C. § 9443

      Pub. L. 101–510, § 532(a)(2), (c)(2), substituting “clauses (2) through (8)” for “clauses (2)–(9)”

    Source evidence

    Code amendment note
    Pub. L. 101–510, § 532(a)(2), (c)(2), amended section identically, substituting “clauses (2) through (8)” for “clauses (2)–(9)”.

    Enacted provision · exact public law section
    (2) Section 9343 of such title is amended by striking out “(2)–(9)” and inserting in lieu thereof “(2) through (8)”.

  6. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title X § 1076(f)(43) · 126 Stat. 1632

    Substituted · 10 U.S.C. § 9443

    Pub. L. 112–239 substituted “paragraphs” for “clauses”

    Source evidence

    Code amendment note
    Pub. L. 112–239 substituted “paragraphs” for “clauses”.

    Enacted provision · exact public law section
    (43) Section 9343 is amended by striking “clauses” and inserting “paragraphs”.

  7. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII · 132 Stat. 1636

    Substituted · 10 U.S.C. § 9443

    Pub. L. 115–232 renumbered section 9343 of this title as this section and substituted “section 9442(a)” for “section 9342(a)”

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 9343 of this title as this section and substituted “section 9442(a)” for “section 9342(a)”.

    Enacted provision · exact public law
    TITLE VIII— ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Sec. 800.  Effective dates; coordination of amendments. Subtitle A— Streamlining of Defense Acquisition Statutes and Regulations Part I— Consolidation of Defense Acquisition Statutes in New Part V of Subtitle A of Title 10, United States Code Sec. 801.  Framework for new part V of subtitle A. Part II— Redesignation of Sections and Chapters of Subtitles B, C, and D to Provide Room for New Part V of Subtitle A Sec. 806.  Redesignation of sections and chapters of subtitle D of title 10, United States Code—Air Force. Sec. 807.  Redesignation of sections and chapters of subtitle C of title 10, United States Code—Navy and Marine Corps. Sec. 808.  Redesignation of sections and chapters of subtitle B of title 10, United States Code—Army. Sec. 809.  Cross references to redesignated sections and chapters. Part III— Repeals of Certain Provisions of Defense Acquisition Law Sec. 811.  Amendment to and repeal of statutory requirements for certain positions or offices in the Department of Defense. Sec. 812.  Repeal of certain defense acquisition laws. Sec. 813.  Repeal of certain Department of Defense reporting requirements. Subtitle B— Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 816.  Modification of limitations on single source task or delivery order contracts. Sec. 817.  Preliminary cost analysis requirement for exercise of multiyear contract authority. Sec. 818.  Revision of requirement to submit information on services contracts to Congress. Sec. 819.  Data collection and inventory for services contracts. Sec. 820.  Report on clarification of services contracting definitions. Sec. 821.  Increase in micro-purchase threshold applicable to Department of Defense. Sec. 822.  Department of Defense contracting dispute matters. Sec. 823.  Inclusion of best available information regarding past performance of subcontractors and joint venture partners. Sec. 824.  Subcontracting price and approved purchasing systems. Sec. 825.  Modification of criteria for waivers of requirement for certified cost and price data. Subtitle C— Provisions Relating to Major Defense Acquisition Programs Sec. 831.  Revisions in authority relating to program cost targets and fielding targets for major defense acquisition programs. Sec. 832.  Implementation of recommendations of the Independent Study on Consideration of Sustainment in Weapons Systems Life Cycle. Sec. 833.  Comptroller General assessment of acquisition programs and related initiatives. Subtitle D— Provisions Relating to Commercial Items Sec. 836.  Revision of definition of commercial item for purposes of Federal acquisition statutes. Sec. 837.  Limitation on applicability to Department of Defense commercial contracts of certain provisions of law. Sec. 838.  Modifications to procurement through commercial e-commerce portals. Sec. 839.  Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items. Subtitle E— Industrial Base Matters Sec. 841.  Report on limited sourcing of specific components for Naval vessels. Sec. 842.  Removal of national interest determination requirements for certain entities. Sec. 843.  Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems. Sec. 844.  Limitation on certain procurements application process. Sec. 845.  Report on defense electronics industrial base. Sec. 846.  Support for defense manufacturing communities to support the defense industrial base. Sec. 847.  Limitation on procurement of certain items for T–AO–205 program. Subtitle F— Small Business Matters Sec. 851.  Department of Defense small business strategy. Sec. 852.  Prompt payments of small business contractors. Sec. 853.  Increased participation in the Small Business Administration microloan program. Sec. 854.  Amendments to Small Business Innovation Research Program and Small Business Technology Transfer Program. Sec. 855.  Construction contract administration. Sec. 856.  Comptroller General study of impact of broadband speed and price on small businesses. Sec. 857.  Consolidated budget display for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program. Sec. 858.  Funding for procurement technical assistance program. Sec. 859.  Authorization for payment of certain costs relating to procurement technical assistance centers. Sec. 860.  Commercialization Assistance Pilot Program. Sec. 861.  Puerto Rico businesses. Sec. 862.  Opportunities for employee-owned business concerns through Small Business Administration loan programs. Subtitle G— Provisions Related to Software and Technical Data Matters Sec. 865.  Validation of proprietary and technical data. Sec. 866.  Continuation of technical data rights during challenges. Sec. 867.  Requirement for negotiation of technical data price before sustainment of major weapon systems. Sec. 868.  Implementation of recommendations of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems. Sec. 869.  Implementation of pilot program to use agile or iterative development methods required under section 873 of the National Defense Authorization Act for Fiscal Year 2018. Sec. 870.  Report on requiring access to digital technical data in future acquisitions of combat, combat service, and combat support systems. Subtitle H— Other Matters Sec. 871.  Prohibition on acquisition of sensitive materials from non-allied foreign nations. Sec. 872.  Extension of prohibition on providing funds to the enemy. Sec. 873.  Data, policy, and reporting on the use of other transactions. Sec. 874.  Standardization of formatting and public accessibility of Department of Defense reports to Congress. Sec. 875.  Promotion of the use of Government-wide and other interagency contracts. Sec. 876.  Increasing competition at the task order level. Sec. 877.  Individual acquisition for commercial leasing services. Sec. 878.  Procurement administrative lead time definition and plan. Sec. 879.  Briefing on funding of product support strategies. Sec. 880.  Use of lowest price technically acceptable source selection process. Sec. 881.  Permanent Supply Chain Risk Management Authority. Sec. 882.  Review of market research. Sec. 883.  Establishment of integrated review team on defense acquisition industry-government exchange. Sec. 884.  Exchange program for acquisition workforce employees. Sec. 885.  Process to limit foreign access to technology. Sec. 886.  Procurement of telecommunications supplies for experimental purposes. Sec. 887.  Access by developmental and operational testing activities to data regarding modeling and simulation activity. Sec. 888.  Instruction on pilot program regarding employment of persons with disabilities. Sec. 889.  Prohibition on certain telecommunications and video surveillance services or equipment. Sec. 890.  Pilot program to accelerate contracting and pricing processes. SEC. 800. EFFECTIVE DATES; COORDINATION OF AMENDMENTS. (a) Effective Dates.— (1) Parts i and ii.— Parts I and II of this subtitle, and the redesignations and amendments made by such parts, shall take effect on February 1, 2019. (2) Part iii.— Part III of this subtitle shall take effect on the date of the enactment of this Act. (b) Coordination of Amendments.— The redesignations and amendments made by part II of this subtitle shall be executed before the amendments made by part I of this subtitle. (c) Rule for Certain Redesignations.— In the case of a redesignation specified in part II of this subtitle (1) that is to be made to a section of subtitle B, C, or D of title 10, United States Code, for which the current section designation consists of a four-digit number and a letter, and (2) that is directed to be made by the addition of a specified number to the current section designation, the new section designation shall consist of a new four-digit number and the same letter, with the new four-digit number being the number that is the sum of the specified number and the four-digit number in the current section designation. Subtitle A— Streamlining of Defense Acquisition Statutes and Regulations PART I— CONSOLIDATION OF DEFENSE ACQUISITION STATUTES IN NEW PART V OF SUBTITLE A OF TITLE 10, UNITED STATES CODE SEC. 801. FRAMEWORK FOR NEW PART V OF SUBTITLE A. (a) In General.— Subtitle A of title 10, United States Code, is amended by adding at the end the following new part: “PART V— ACQUISITION “Chap. “subpart a— general “201.  Definitions “203.  General Matters “205.  Defense Acquisition System “207.  Budgeting and Appropriations Matters “209.  Operational Contract Support “subpart b— acquisition planning “221.  Planning and Solicitation Generally “223.  Planning and Solicitation Relating to Particular Items or Services “subpart c— contracting methods and contract types “241.  Awarding of Contracts “243.  Specific Types of Contracts “245.  Task and Delivery Order Contracts (Multiple Award Contracts) “247.  Acquisition of Commercial Items “249.  Multiyear Contracts “251.  Simplified Acquisition Procedures “253.  Emergency and Rapid Acquisitions “255.  Contracting With or Through Other Agencies “subpart d— general contracting requirements “271.  Truthful Cost or Pricing Data “273.  Allowable Costs “275.  Proprietary Contractor Data and Technical Data “277.  Contract Financing “279.  Contractor Audits and Accounting “281.  Claims and Disputes “283.  Foreign Acquisitions “285.  Small Business Programs “287.  Socioeconomic Programs “subpart e— special categories of contracting: major defense acquisition programs and major systems “301.  Major Defense Acquisition Programs “303.  Weapon Systems Development and Related Matters “305.  Other Matters Relating to Major Systems “subpart f— special categories of contracting: research, development, test, and evaluation “321.  Research and Development Generally “323.  Innovation “325.  Department of Defense Laboratories “327.  Research and Development Centers and Facilities “329.  Operational Test and Evaluation; Developmental Test and Evaluation “subpart g— other special categories of contracting “341.  Contracting for Performance of Civilian Commercial or Industrial Type Functions “343.  Acquisition of Services “345.  Acquisition of Information Technology “subpart h— contract management “361.  Contract Administration “363.  Prohibitions and Penalties “365.  Contractor Workforce “367.  Other Administrative and Miscellaneous Provisions “subpart i— defense industrial base “381.  Defense Industrial Base Generally “383.  Loan Guarantee Programs “385.  Procurement Technical Assistance Cooperative Agreement Program “Subpart A— General “CHAPTER 201— DEFINITIONS “§ 3001. [ Reserved]   [Reserved] “CHAPTER 203— GENERAL MATTERS “§ 3021. [ Reserved]   [Reserved] “CHAPTER 205— DEFENSE ACQUISITION SYSTEM “§ 3051. [ Reserved]   [Reserved] “CHAPTER 207— BUDGETING AND APPROPRIATIONS MATTERS “§ 3101. [ Reserved]   [Reserved] “CHAPTER 209— OPERATIONAL CONTRACT SUPPORT “§ 3151. [ Reserved]   [Reserved] “Subpart B— Acquisition Planning “CHAPTER 221— PLANNING AND SOLICITATION GENERALLY “§ 3201. [ Reserved]   [Reserved] “CHAPTER 223— PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS OR SERVICES “§ 3251. [ Reserved]   [Reserved] “Subpart C— Contracting Methods and Contract Types “CHAPTER 241— AWARDING OF CONTRACTS “§ 3301. [ Reserved]   [Reserved] “CHAPTER 243— SPECIFIC TYPES OF CONTRACTS “§ 3351. [ Reserved]   [Reserved] “CHAPTER 245— TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS) “§ 3401. [ Reserved]   [Reserved] “CHAPTER 247— ACQUISITION OF COMMERCIAL ITEMS “§ 3451. [ Reserved]   [Reserved] “CHAPTER 249— MULTIYEAR CONTRACTS “§ 3501. [ Reserved]   [Reserved] “CHAPTER 251— SIMPLIFIED ACQUISITION PROCEDURES “§ 3551. [ Reserved]   [Reserved] “CHAPTER 253— EMERGENCY AND RAPID ACQUISITIONS “§ 3601. [ Reserved]   [Reserved] “CHAPTER 255— CONTRACTING WITH OR THROUGH OTHER AGENCIES “§ 3651. [ Reserved]   [Reserved] “Subpart D— General Contracting Requirements “CHAPTER 271— TRUTHFUL COST OR PRICING DATA “§ 3701. [ Reserved]   [Reserved] “CHAPTER 273— ALLOWABLE COSTS “§ 3741. [ Reserved]   [Reserved] “CHAPTER 275— PROPRIETARY CONTRACTOR DATA AND TECHNICAL DATA “§ 3771. [ Reserved]   [Reserved] “CHAPTER 277— CONTRACT FINANCING “§ 3801. [ Reserved]   [Reserved] “CHAPTER 279— CONTRACTOR AUDITS AND ACCOUNTING “§ 3841. [ Reserved]   [Reserved] “CHAPTER 281— CLAIMS AND DISPUTES “§ 3861. [ Reserved]   [Reserved] “CHAPTER 283— FOREIGN ACQUISITIONS “§ 3881. [ Reserved]   [Reserved] “CHAPTER 285— SMALL BUSINESS PROGRAMS “§ 3901. [ Reserved]   [Reserved] “CHAPTER 287— SOCIOECONOMIC PROGRAMS “§ 3961. [ Reserved]   [Reserved] “Subpart E— Special Categories of Contracting: Major Defense Acquisition Programs and Major Systems “CHAPTER 301— MAJOR DEFENSE ACQUISITION PROGRAMS “§ 4001. [ Reserved]   [Reserved] “CHAPTER 303— WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS “§ 4071. [ Reserved]   [Reserved] “CHAPTER 305— OTHER MATTERS RELATING TO MAJOR SYSTEMS “§ 4121. [ Reserved]   [Reserved] “Subpart F— Special Categories of Contracting: Research, Development, Test, and Evaluation “CHAPTER 321— RESEARCH AND DEVELOPMENT GENERALLY “§ 4201. [ Reserved]   [Reserved] “CHAPTER 323— INNOVATION “§ 4301. [ Reserved]   [Reserved] “CHAPTER 325— DEPARTMENT OF DEFENSE LABORATORIES “§ 4351. [ Reserved]   [Reserved] “CHAPTER 327— RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES “§ 4401. [ Reserved]   [Reserved] “CHAPTER 329— OPERATIONAL TEST AND EVALUATION; DEVELOPMENTAL TEST AND EVALUATION “§ 4451. [ Reserved]   [Reserved] “Subpart G— Other Special Categories Of Contracting “CHAPTER 341— CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS “§ 4501. [ Reserved]   [Reserved] “CHAPTER 343— ACQUISITION OF SERVICES “§ 4541. [ Reserved]   [Reserved] “CHAPTER 345— ACQUISITION OF INFORMATION TECHNOLOGY “§ 4571. [ Reserved]   [Reserved] “Subpart H— Contract Management “CHAPTER 361— CONTRACT ADMINISTRATION “§ 4601. [ Reserved]   [Reserved] “CHAPTER 363— PROHIBITIONS AND PENALTIES “§ 4651. [ Reserved]   [Reserved] “CHAPTER 365— CONTRACTOR WORKFORCE “§ 4701. [ Reserved]   [Reserved] “CHAPTER 367— OTHER ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS “§ 4751. [ Reserved]   [Reserved] “Subpart I— Defense Industrial Base “CHAPTER 381— DEFENSE INDUSTRIAL BASE GENERALLY “§ 4801. [ Reserved]   [Reserved] “CHAPTER 383— LOAN GUARANTEE PROGRAMS “§ 4861. [ Reserved]   [Reserved] “CHAPTER 385— PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM “§ 4881. [ Reserved]   “[Reserved]” . (b) Table of Chapters Amendment.— The table of chapters at the beginning of subtitle A 10 USC prec. 101. is amended by adding at the end the following new items: “Part V— ACQUISITION “subpart a— general “201.  Definitions “203.  General Matters “205.  Defense Acquisition System “207.  Budgeting and Appropriations Matters “209.  Operational Contract Support “subpart b— acquisition planning “221.  Planning and Solicitation Generally “223.  Planning and Solicitation Relating to Particular Items or Services “subpart c— contracting methods and contract types “241.  Awarding of Contracts “243.  Specific Types of Contracts “245.  Task and Delivery Order Contracts (Multiple Award Contracts) “247.  Acquisition of Commercial Items “249.  Multiyear Contracts “251.  Simplified Acquisition Procedures “253.  Emergency and Rapid Acquisitions “255.  Contracting With or Through Other Agencies “subpart d— general contracting requirements “271.  Truthful Cost or Pricing Data “273.  Allowable Costs “275.  Proprietary Contractor Data and Technical Data “277.  Contract Financing “279.  Contractor Audits and Accounting “281.  Claims and Disputes “283.  Foreign Acquisitions “285.  Small Business Programs “287.  Socioeconomic Programs “subpart e— special categories of contracting: major defense acquisition programs and major systems “301.  Major Defense Acquisition Programs “303.  Weapon Systems Development and Related Matters “305.  Other Matters Relating to Major Systems “subpart f— special categories of contracting: research, development, test, and evaluation “321.  Research and Development Generally “323.  Innovation “325.  Department of Defense Laboratories “327.  Research and Development Centers and Facilities “329.  Operational Test and Evaluation; Developmental Test and Evaluation “subpart g— other special categories of contracting “341.  Contracting for Performance of Civilian Commercial or Industrial Type Functions “343.  Acquisition of Services “345.  Acquisition of Information Technology “subpart h— contract management “361.  Contract Administration “363.  Prohibitions and Penalties “365.  Contractor Workforce “367.  Other Administrative and Miscellaneous Provisions “subpart i— defense industrial base “381.  Defense Industrial Base Generally “383.  Loan Guarantee Programs “385.  Procurement Technical Assistance Cooperative Agreement Program PART II— REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLES B, C, AND D TO PROVIDE ROOM FOR NEW PART V OF SUBTITLE A SEC. 806. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE D OF TITLE 10, UNITED STATES CODE—AIR FORCE. (a) Subtitle D, Part III, Section Numbers.— The sections in part III of subtitle D of title 10, United States Code, are redesignated as follows: (1) Chapter 909.— Each section in chapter 909 10 USC 9481–9498. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 50. (2) Chapter 907.— Each section in chapter 907 10 USC 9481–9484, 9487. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 70. (3) Chapters 901 and 903.— Each section in chapter 901 and chapter 903 10 USC 9401–9406, 9414–9415, 9417, 9419, 9420, 9431–9436, 9438, 9441–9443, 9446–9457, 9459–9462. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 100. (b) Subtitle D, Part II, Section Numbers.— The sections in part II of such subtitle are redesignated as follows: (1) Chapter 831.— Section 8210 is redesignated as section 9110. (2) Chapter 833.— Sections 8251, 8252, 8257, and 8258 are redesignated as sections 9131, 9132, 9137, and 9138, respectively. (3) Chapter 835.— Sections 8281 and 8310 are redesignated as sections 9151 and 9160, respectively. (4) Chapter 839.— Section 8446 is redesignated as section 9176. (5) Chapter 841.— Sections 8491 and 8503 are redesignated as sections 9191 and 9203, respectively. (6) Chapter 843.— Sections 8547 and 8548 are redesignated as sections 9217 and 9218, respectively. (7) Chapter 845.— Sections 8572, 8575, 8579, 8581, and 8583 are redesignated as sections 9222, 9225, 9229, 9231, and 9233, respectively. (8) Chapter 849.— Section 8639 is redesignated as section 9239. (9) Chapter 853.— Sections 8681, 8684, and 8691 are redesignated as sections 9251, 9252, and 9253, respectively. (10) Chapter 855.— Section 8723 is redesignated as section 9263. (11) Chapter 857.— Each section in chapter 857 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 530. (12) Chapter 861.— Section 8817 is redesignated as section 9307. (13) Chapter 867.— Each section in chapter 867 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 400. (14) Chapter 869.— Sections 8961, 8962, 8963, 8964, 8965, and 8966 are redesignated as sections 9341, 9342, 9343, 9344, 9345, and 9346, respectively. (15) Chapter 871.— Sections 8991 and 8992 are redesignated as sections 9361 and 9362, respectively. (16) Chapter 873.— Sections 9021, 9025, and 9027 are redesignated as sections 9371, 9375, and 9377, respectively. (17) Chapter 875.— Section 9061 is redesignated as section 9381. (c) Subtitle D, Part I, Section Numbers.— Each 10 USC prec. 9511, prec. 9531, prec. 9561, prec. 9591, prec. 9621, prec. 9651, prec. 9681, prec. 9711, prec. 9741, prec. 9771, prec. 9801, prec. 9831. section in part I of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,000. (d) Subtitle D Chapter Numbers.— (1) Part IV chapter numbers.— Each chapter in part IV of such subtitle is redesignated so that the number of the chapter, as redesignated, 10 USC prec. 9401, prec. 9431, prec. 9481, prec. 9491. is the number equal to the previous number plus 30. (2) Part III chapter numbers.— Each chapter in part III of such subtitle 10 USC prec. 9110, prec. 9131, prec. 9151, prec. 9176, prec. 9191, prec. 9217, prec. 9222, prec. 9239, prec. 9251, prec. 9263, prec. 9271. is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 50. (3) Part II chapter numbers.— (A) In general.— Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the 10 USC prec. 9307. number equal to the previous number plus 80. (B) Other chapters.— (i) Chapter 861 10 USC prec. 9311, prec. 9341, prec. 9361, prec. 9371, prec. 9381. is redesignated as chapter 939. (ii) Chapters 867, 869, 871, 873, and 875 are each redesignated so that the number of the chapter, as redesignated, is the number equal to 10 USC prec. 9011, prec. 9011, prec. 9031, prec. 9061. the previous number plus 74. (4) Part I chapter numbers.— Each chapter in part I 10 USC prec. 9011, prec. 9031, prec. 9061, prec. 9110, prec. 9131, prec. 9151, prec. 9176, prec. 9191, prec. 9217, prec. 9222, prec. 9239, prec. 9251, prec. 9263, prec. 9271, prec. 9307, prec. 9311, prec. 9341, prec. 9361, prec. 9371, prec. 9381, prec. 9401, prec. 9431, prec. 9481, prec. 9491. of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 100. (e) Subtitle D Tables of Sections and Tables of Chapters.— (1) Tables of sections.— The tables of sections at the beginning of the chapters of such subtitle are revised so as to conform the section references in those tables to the redesignations made by subsections (a), (b), and (c). (2) Tables of chapters.— The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section. SEC. 807. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE C OF TITLE 10, UNITED STATES CODE—NAVY AND MARINE CORPS. (a) Subtitle C, Part I, Section Numbers.— (1) In general.— Except as provided in paragraph (2), each section in part I of subtitle C of title 10, United States Code, is 10 USC 8001, 8011–8020, 8022–8028, 8031–8033, 8035–8038, 8041–8047, 8061–8063. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000. (2) Chapter 513.— For sections in chapter 513, each section is 10 USC 8071, 8072; 8075; 8077, 8078, 8079, 8081, 8082, 8082a, 8083, 8084, 8088, 8089, 8090. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,940. (b) Subtitle C, Part II, Section Numbers.— The sections in part II of such subtitle are redesignated as follows: (1) Chapter 533.— Sections 5441, 5450, and 5451 are redesignated as sections 8101, 8102, and 8103, respectively. (2) Chapter 535.— Sections 5501, 5502, 5503, and 5508 are redesignated as sections 8111, 8112, 8113, and 8118, respectively. (3) Chapter 537.— Section 5540 is redesignated as section 8120. (4) Chapter 539.— Sections 5582, 5585, 5587, 5587a, 5589, and 5596 are redesignated as sections 8132, 8135, 8137, 8138, 8139, and 8146, respectively. (5) Chapter 551.— Each section in chapter 551 10 USC 8162–8169, 8171, 8172. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,220. (6) Chapter 553.— Sections 5983, 5985, and 5986 are redesignated as sections 8183, 8185, and 8186, respectively. (7) Chapter 555.— The sections in chapter 555 are redesignated as follows: SectionRedesignated Section 60118211 60128212 60138213 60148214 60198215 60218216 60228217 60248218 60278219 60298220 60318221 60328222 60358225 60368226 (8) Chapter 557.— Each section in chapter 557 10 USC 8241–8247. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,160. (9) Chapter 559.— Section 6113 is redesignated as section 8253. (10) Chapter 561.— The sections in chapter 561 are redesignated as follows: SectionRedesignated Section 61418261 61518262 61528263 61538264 61548265 61558266 61568267 61608270 61618271 (11) Chapter 563.— Sections 6201, 6202, and 6203 are redesignated as sections 8281, 8282, and 8283, respectively. (12) Chapter 565.— Sections 6221 and 6222 are redesignated as sections 8286 and 8287, respectively. (13) Chapter 567.— Each section in chapter 567 10 USC 8291–8308. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,050. (14) Chapter 569.— Section 6292 is redesignated as section 8317. (15) Chapter 571.— Each section in chapter 571 10 USC 8321–8336. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,000. (16) Chapter 573.— Sections 6371, 6383, 6389, 6404, and 6408 are redesignated as sections 8371, 8372, 8373, 8374, and 8375, respectively. (17) Chapter 575.— Sections 6483, 6484, 6485, and 6486 are redesignated as sections 8383, 8384, 8385, and 8386, respectively. (18) Chapter 577.— Section 6522 is redesignated as section 8392. (c) Subtitle C, Part III, Section Numbers.— (1) In general.— Except as provided in paragraph (2), each section in part III of such subtitle is 10 USC 8411–8413, 8415, 8431, 8451–8456, 8458–8481, 8541–8550, 8581–8588. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,500. (2) Chapter 609.— Sections 7101, 7102, 7103, and 7104 are redesignated as sections 8591, 8592, 8593, and 8594, respectively. (d) Subtitle C, Part IV, Section Numbers.— The sections in part IV of such subtitle are redesignated as follows: (1) Chapter 631.— Each section in chapter 631 10 USC 8604, 8605, 8607, 8611, 8612, 8614, 8616, 8619–8629, 8631, 8633–8635. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,400. (2) Chapter 633.— Each section in chapter 633 is 10 USC 8661–8664, 8667, 8669–8671, 8673–8690. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,370. (3) Chapter 637.— Sections 7361, 7362, 7363, and 7364 are redesignated as sections 8701, 8702, 8703, and 8704, respectively. (4) Chapter 639.— Sections 7395 and 7396 are redesignated as sections 8715 and 8716, respectively. (5) Chapter 641.— Each section in chapter 641 is 10 USC 8720–8725, 8727–8733, 8735–8739. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,300. (6) Chapter 643.— Sections 7472, 7473, 7476, 7477, 7478, 7479, 7479a, and 7480 are redesignated as sections 8742, 8743, 8746, 8747, 8748, 8749, 8749a, and 8750, respectively. (7) Chapter 645.— Sections 7522, 7523, and 7524 are redesignated as sections 8752, 8753, and 8754, respectively. (8) Chapter 647.— The sections in chapter 647 are redesignated as follows: SectionRedesignated Section 75418761 7541a8761a 7541b8761b 75428762 75438763 75448764 7545 8765 7546 8766 7547 8767 (9) Chapters 649, 651, 653, and 655.— Each section in chapters 649, 651, 653, and 655 is 10 USC 8771–8773, 8776, 8777, 8779–8782, 8801–8806, 8821–8823, 8851–8881. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,200. (10) Chapter 657.— Each section in chapter 657 is 10 USC 8891–8900. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,170. (11) Chapter 659.— Sections 7851, 7852, 7853, and 7854 are redesignated as sections 8901, 8902, 8903, and 8904, respectively. (12) Chapter 661.— Sections 7861, 7862, and 7863 are redesignated as sections 8911, 8912, and 8913, respectively. (13) Chapter 663.— Section 7881 is redesignated as section 8921. (14) Chapter 665.— Sections 7901, 7902, and 7903 are redesignated as sections 8931, 8932, and 8933, respectively. (15) Chapter 667.— Sections 7912 and 7913 are redesignated as sections 8942 and 8943, respectively. (16) Chapter 669.— Section 7921 is redesignated as section 8951. (e) Subtitle C Chapter Numbers.— (1) Part I chapter numbers.— Each chapter in part I of such subtitle 10 USC prec. 8001, prec. 8011, prec. 8031, prec. 8041, prec. 8061, prec. 8071. is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 300, except that chapter 513 is redesignated as chapter 809. (2) Part II chapter numbers.— (A) In general.— Except as provided in subparagraph (B), each chapter in part II of such subtitle 10 USC prec. 8162, prec. 8183, prec. 8211, prec. 8241, prec. 8253, prec. 8261, prec. 8281, prec. 8286, prec. 8291, prec. 8317, prec. 8321, prec. 8371, prec. 8383, prec. 8392. is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 270. (B) Other chapters.— Chapter 533 is redesignated as chapter 811, chapter 535 is redesignated as chapter 812, chapter 537 is redesignated as chapter 813, and chapter 539 is redesignated as chapter 815. (3) Part III chapter numbers.— Each chapter in part III of such subtitle 10 USC prec. 8411, prec. 8431, prec. 8451, prec. 8541, prec. 8581, prec. 8591. is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 250. (4) Part IV chapter numbers.— Each chapter in part IV of such subtitle 10 USC prec. 8604, prec. 8661, prec. 8701, prec. 8715, prec. 8720, prec. 8742, prec. 8752, prec. 8761, prec. 8771, prec. 8801, prec. 8821, prec. 8851, prec. 8891, prec. 8901, prec. 8911, prec. 8921, prec. 8931, prec. 8942, prec. 8951. 10 USC prec. 8001, prec. 8011, prec. 8031, prec. 8041, prec. 8061, prec. 8071, prec. 8101, prec. 8111, prec. 8120, prec. 8132, prec. 8162, prec. 8183, prec. 8211, prec. 8241, prec. 8253, prec. 8261, prec. 8281, prec. 8286, prec. 8291, prec. 8317, prec. 8321, prec. 8371, prec. 8383, prec. 8392, prec. 8411, prec. 8431, prec. 8451, prec. 8541, prec. 8581, prec. 8591, prec. 8604, prec. 8661, prec. 8701, prec. 8715, prec. 8720, prec. 8742, prec. 8752, prec. 8761, prec. 8771, prec. 8801, prec. 8821, prec. 8851, prec. 8891, prec. 8901, prec. 8911, prec. 8921, prec. 8931, prec. 8942, prec. 8951. 10 USC prec. 8001, prec. 8101, prec. 8411, prec. 8604. 10 USC 7001, 7011–7024, 7031–7038, 7061–7065, 7067–7070, 7032–7035, 7081, 7083, 7084. 10 USC 7271–7286. is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 228, except that chapter 631 is redesignated as chapter 861 and chapter 633 is redesignated as chapter 863. (f) Subtitle C Tables of Sections and Tables of Chapters.— (1) Tables of sections.— The table of sections at the beginning of each chapter of such subtitle is revised so as to conform the section references in the table to the redesignations made by subsections (a), (b), (c), and (d). (2) Tables of chapters.— The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section. SEC. 808. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE B OF TITLE 10, UNITED STATES CODE—ARMY. (a) Subtitle B, Part I, Section Numbers.— Each section in part I of subtitle B of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 4,000. (b) Subtitle B, Part II, Section Numbers.— The sections in part II of such subtitle are redesignated as follows: (1) Chapter 331.— Sections 3201 and 3210 are redesignated as sections 7101 and 7110, respectively. (2) Chapter 333.— Sections 3251, 3258, and 3262 are redesignated as sections 7131, 7138, and 7142, respectively. (3) Chapter 335.— Sections 3281, 3282, and 3283 are redesignated as sections 7151, 7152, and 7153, respectively. (4) Chapter 339.— Section 3446 is redesignated as sections 7176. (5) Chapter 341.— Sections 3491 and 3503 are redesignated as sections 7191 and 7203, respectively. (6) Chapter 343.— Sections 3533, 3534, 3536, 3547 and 3548 are redesignated as sections 7213, 7214, 7216, 7217, and 7218, respectively. (7) Chapter 345.— Sections 3572, 3575, 3579, 3581, and 3583 are redesignated as sections 7222, 7225, 7229, 7231, and 7233, respectively. (8) Chapter 349.— Section 3639 is redesignated as section 7239. (9) Chapter 353.— Sections 3681, 3684, and 3691 are redesignated as sections 7251, 7252, and 7253, respectively. (10) Chapter 355.— Section 3723 is redesignated as section 7263. (11) Chapter 357.— Each section in chapter 357 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,530. (12) Chapter 367.— Each section in chapter 367 10 USC 7311, 7314, 7317, 7318, 7320, 7321, 7324–7326, 7329. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,400. (13) Chapter 369.— Sections 3961, 3962, 3963, 3964, 3965, and 3966 are redesignated as sections 7341, 7342, 7343, 7344, 7345, and 7346, respectively. (14) Chapter 371.— Sections 3991 and 3992 are redesignated as sections 7361 and 7362, respectively. (15) Chapter 373.— Sections 4021, 4024, 4025, and 4027 are redesignated as sections 7371, 7374, 7375, and 7377, respectively. (16) Chapter 375.— Section 4061 is redesignated as section 7381. (c) Subtitle B, Part III, Section Numbers.— (1) In general.— Except as provided in paragraph (2), each section in part III of such subtitle 10 USC 7401–7403, 7406, 7409, 7414, 7415, 7417–7421, 7431–7438, 7440–7443, 7446–7462. 10 USC 7481–7484, 7486, 7487. 10 USC 7532, 7536, 7540–7544, 7551–7555, 7561–7565, 7591–7595, 7621, 7622, 7624–7629, 7652–7657, 7682–7690, 7712, 7714, 7721–7727, 7749, 7771, 7772, 7776–7781, 7801–7804, 7806, 7831, 7837–7842. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,100. (2) Chapter 407.— Each section in chapter 407 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,070. (d) Subtitle B, Part IV, Section Numbers.— Each section in part IV of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000. (e) Subtitle B Chapter Numbers.— (1) Part I chapter numbers.— Each chapter in part I of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 400. (2) Part II chapter numbers.— (A) In general.— Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 380. (B) Other chapters.— Chapters 367, 369, 371, 373, and 375 are each redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 374. (3) Part III chapter numbers.— Each chapter in part III of such subtitle 10 USC prec. 7401, prec. 7431, prec. 7481. is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 350. (4) Part IV chapter numbers.— Each chapter in part IV of such subtitle 10 USC prec. 7532, prec. 7551, prec. 7561, prec. 7591, prec. 7621, prec. 7652, prec. 7682, prec. 7712, prec. 7721, prec. 7749, prec. 7771, prec. 7801, prec. 7831. is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 330. (f) Subtitle B Tables of Sections and Tables of Chapters.— * * Note: Classifications for section 808(f)(1): 10 USC prec. 7001, prec. 7011, prec. 7031, prec. 7061, prec. 7101, prec. 7131, prec. 7151, prec. 7176, prec. 7191, prec. 7213, prec. 7222, prec. 7239, prec. 7251, prec. 7263, prec. 7271, prec. 7311, prec. 7341, prec. 7361, prec. 7371, prec. 7381, prec. 7401, prec. 7431, prec. 7481, prec. 7532, prec. 7551, prec. 7561, prec. 7591, prec. 7621, prec. 7652, prec. 7682, prec. 7712, prec. 7721, prec. 7749, prec. 7771, prec. 7801, prec.7831. (1) Tables of sections.— The table of sections at the beginning of each chapter of such subtitle is revised so as to conform the section references in the table to the redesignations made by subsections (a), (b), (c), and (d). (2) Tables of chapters.— The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, 10 USC prec. 7001, prec. 7101, prec. 7401, prec. 7532. are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section. SEC. 809. CROSS REFERENCES TO REDESIGNATED SECTIONS AND CHAPTERS. (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated. (b) Laws Classified as Title 10, United States Code, Note Sections.— (1) Section 1111 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 143 note) is amended by striking “sections 143, 194, 3014, 5014, and 8014” in subsections (a) and (b) and inserting “sections 143, 194, 7014, 8014, and 9014”. (2) Section 4403(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 note) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by striking “section 3911” and inserting “section 7311”; and (ii) in subparagraph (B), by striking “section 3914” and inserting “section 7314”; (B) in paragraph (2)— (i) in subparagraph (A), by striking “section 6323” and inserting “section 8323”; and (ii) in subparagraph (B), by striking “section 6330” and inserting “section 8330”; and (C) in paragraph (3)— (i) in subparagraph (A), by striking “section 8911” and inserting “section 9311”; and (ii) in subparagraph (B), by striking “section 8914” and inserting “section 9314”. (3) Section 598(d)(4) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1561 note) is amended by striking “sections 4361, 6980, and 9361” and inserting “sections 7461, 8480, and 9461”. (4) Section 549(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1580 note prec.) is amended by striking “section 4348, 6959, or 9348” and inserting “section 7448, 8459, or 9448”. (5) Section 505(b) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 3201 note) is amended by striking “section 3201” and inserting “section 7101”. (6) Section 586(g)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 3741 note) is amended by striking “section 3744, 6248, or 8744” and inserting “section 7274, 8296, or 9274”. (7) Section 2 of Public Law 89–650 (10 U.S.C. 4343 note) is amended— (A) by striking “sections 4342(b)(1), 6954(b), and 9342(b)(1)” and inserting “sections 7442(b)(1), 8454(b), and 9442(b)(1) of title 10, United States Code,”; and (B) by striking “sections 4343, 6956, and 9343 of title 10, United States Code” and inserting “sections 7443, 8456, and 9443 of such title”. (8) Section 323 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4551 note) is amended by striking “section 4551(2)” and inserting “section 7551(2)”. (9) Section 343 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4554 note) is amended by striking “section 4554(a)(3)(A)” and inserting “section 7554(a)(3)(A)”. (10) Section 589(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 7049 note) is amended by striking “sections 7049(a) and 9314a(a)” and inserting “sections 8549(a) and 9414a(a)”. (11) Section 131(d) of the National Defense Authorization Act for Fiscal Year (Public Law 115–91; 10 U.S.C. 8062 note) is amended by striking “section 8062” and inserting “section 9062”. (12) Section 2 of Public Law 86–593 (10 U.S.C. 8744 note) is amended by striking “sections 8744(a) and 8750(b)” and inserting “sections 9274(a) and 9280(b)”. (c) Title 5, United States Code.— (1) Section 5102(c) of title 5, United States Code, is amended— (A) in paragraph (10)— (i) by striking “section 1595, 4021, 7478, or 9021 of title 10” and inserting “section 1595, 7371, 8748, or 9371 of title 10”; (ii) by striking “sections 4338, 6952, and 9338, respectively, of title 10” and inserting “sections 7438, 8452, and 9438, respectively, of title 10”; (iii) by striking “section 7044 of title 10” and inserting “section 8544 of title 10”; and (iv) by striking “section 7043 of title 10” and inserting “section 8543 of title 10”; and (B) in paragraph (28), by striking “section 9314 of title 10” and inserting “section 9414 of title 10”. (2) Section 504(c) of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 5 U.S.C. 5102 note), is amended by striking “Section 9314(b)(2) of title 10, United States Code” and inserting “Section 9414(b)(2) of title 10, United States Code”. (3) Section 5514(c) of title 5, United States Code, is amended by striking “section 4837(d) or 9837(d) of title 10” and inserting “section 7837(d) or 9837(d) of title 10”. (4) Section 8150(b) of title 5, United States Code, is amended by striking “section 9441 of title 10” and inserting “section 9491 of title 10”. (d) Laws Classified in Title 7, United States Code.— The 7th proviso in the paragraph under the heading “SALARIES” in the Department of Agriculture Appropriation Act, 1937 (7 U.S.C. 2238), is amended by striking “the Act of March 3, 1879 (20 Stat. 412)” and inserting “section 7655 of title 10, United States Code”. (e) Title 18, United States Code.— (1) Section 704 of title 18, United States Code, is amended— (A) in subsection (c)(2)— (i) by striking “section 3741, 6241, or 8741 of title 10” in subparagraph (A) and inserting “section 7271, 8291, or 9271 of title 10”; (ii) by striking “section 3754, 6256, or 8754 of title 10” in subparagraph (B) and inserting “section 7284, 8306, or 9284 of title 10”; and (iii) by striking “section 3747, 6253, or 8747 of title 10” in subparagraph (C) and inserting “section 7277, 8303, or 9277 of title 10”; and (B) in subsection (d)(1)— (i) by striking “section 3742 of title 10” and inserting “section 7272 of title 10”; (ii) by striking “section 6242 of title 10” and inserting “section 8292 of title 10”; (iii) by striking “section 8742 of section 10” and inserting “section 9272 of title 10”; and (iv) by striking “section 3746, 6244, or 8746 of title 10” and inserting “section 7276, 8294, or 9276 of title 10”. (2) Section 921(a)(4) of such title 18 USC 921. is amended by striking “section 4684(2), 4685, or 4686 of title 10” in the matter after subparagraph (C) and inserting “section 7684(2), 7685, or 7686 of title 10” (3) Section 925(d)(1) of such title is amended by striking “chapter 401 of title 10” and inserting “chapter 751 of title 10”. (f) Laws Classified in Title 22, United States Code.— Section 44 of the Arms Export Control Act (22 U.S.C. 2793) is amended by striking “section 7307 of title 10 of the United States Code” and inserting “section 8677 of title 10, United States Code”. (g) Laws Classified in Title 24, United States Code.— Section 1520(a) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 420(a)) is amended by striking “sections 4712(f) and 9712(f) of title 10, United States Code” in the matter before paragraph (1) and inserting “sections 7712(f) and 9712(f) of title 10, United States Code”. (h) Laws Classified in Title 26, United States Code.— (1) Section 170(p)(6) 26 USC 170. of the Internal Revenue Code of 1986 is amended by striking “section 6973 of title 10, United States Code” and inserting “section 8473 of title 10, United States Code”. (2) Section 2055(g) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (4), by striking “section 7222 of title 10, United States Code” and inserting “section 8622 of title 10, United States Code”; (B) in paragraph (9), by striking “section 6973 of title 10, United States Code” and inserting “section 8473 of title 10, United States Code”; and (C) in paragraph (10), by striking “section 6974 of title 10, United States Code” and inserting “section 8474 of title 10, United States Code”. (3) Section 5845(f) of the Internal Revenue Code of 1986 is amended by striking “section 4684(2), 4685, or 4686 of title 10 of the United States Code” and inserting “section 7684(2), 7685, or 7686 of title 10, United States Code”. (i) Laws Classified in Title 30, United States Code.— (1) Section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) is amended by striking “the Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252)” before the period at the end of the first sentence and inserting “section 8733(b) of title 10, United States Code”. (2) Section 4 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 353) is amended by striking “the Act of June 30, 1938 (32 Stat. 1252), amending the Act of June 4, 1920 (41 Stat. 813)” before the period at the end and inserting “chapter 869 of title 10, United States Code”. (j) Title 32, United States Code.— Section 113(b)(1)(A) of title 32, United States Code, is amended by striking “section 3013(b) of title 10” and inserting “section 7013(b) of title 10”. (k) Laws Classified in Title 33, United States Code.— (1) Section 902(c)(2) of the Oceans and Human Health Act (33 U.S.C. 3101(c)(2)) is amended by striking “(10 U.S.C. 7902(a))” and inserting “(10 U.S.C. 8932(a))”. (2) Section 12406(a)(3) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3705(a)(3)) is amended by striking “section 7901 of title 10, United States Code” and inserting “section 8931 of title 10, United States Code”. (l) Title 36, United States Code.— (1) Section 903(b) of title 36, United States Code, is amended by striking “sections 3755, 6257, and 8755 of title 10” and inserting “sections 7285, 8307, and 9285 of title 10”. (2) Section 40303(b) of such title is amended by striking “section 9447 of title 10” and inserting “section 9497 of title 10”. (m) Title 37, United States Code.— (1) Section 207(c) of title 37, United States Code, is amended by striking “section 6222 of title 10” and inserting “section 8287 of title 10”. (2) Section 301a(a)(6)(D) of such title is amended by striking “section 6911 of title 10” and inserting “section 8411 of title 10”. (3) Section 334(h)(4) of such title is amended by striking “section 6911 of title 10” and inserting “section 8411 of title 10”. (4) Section 424(c) of such title is amended by striking “section 6222 of title 10” and inserting “section 8287 of title 10”. (n) Title 38, United States Code.— (1) The following provisions of chapter 17 of title 38, United States Code, are amended by striking “section 3741, 6241, or 8741 of title 10” and inserting “section 7271, 8291, or 9271 of title 10”: (A) Section 1705(a)(1). (B) Section 1710(a)(2)(D). (C) Section 1710B(c)(2)(D). (D) Section 1722A(a)(3)(D). (2) Section 2306(d)(5) of such title is amended by striking “section 3741, 6241, or 8741 of title 10” in subparagraphs (C)(iii) and (D) and inserting “section 7271, 8291, or 9271 of title 10”. (3) Section 3311(d)(2) of such title 38 USC 3311. is amended by striking “section 4348, 6959, or 9348 of title 10” and inserting “section 7448, 8459, or 9448 of title 10”. (n) Laws Classified in Title 42, United States Code.— (1) Section 106 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506) is amended by striking “section 7430 of title 10, United States Code” and inserting “section 8730 of title 10, United States Code”. (2) Section 3022 of the Solid Waste Disposal Act (42 U.S.C. 6939d) is amended— (A) in subsection (c)(2), by striking “section 7293 and sections 7304 through 7308 of title 10, United States Code” and inserting “section 8663 and sections 8674 through 8678 of title 10, United States Code”; and (B) in subsection (d), by striking “section 7311 of title 10, United States Code” and inserting “section 8681 of title 10, United States Code”. (3) The Department of Energy Organization Act is amended— (A) in section 307 (42 U.S.C. 7156), by striking “chapter 641 of title 10, United States Code” in the matter before paragraph (1) and inserting “chapter 869 of title 10, United States Code”; and (B) in section 625(a) (42 U.S.C. 7235(a)), by striking “chapter 641 of title 10, United States Code” and inserting “chapter 869 of title 10, United States Code”. (4) Section 102(f)(3) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(f)(3)) is amended by striking “(10 U.S.C. 7420 note; Public Law 105–261)” in the matter before subparagraph (A) and inserting “(10 U.S.C. 8720 note; Public Law 105–261)”. (p) Laws Classified in Title 43, United States Code.— Section 2(e) of the Alaska Native Claims Settlement Act (43 U.S.C. 1601(e)) is amended by striking “sections 7421 through 7438 of title 10 of the United States Code” and inserting “sections 8721 through 8738 of title 10, United States Code,”. (q) Title 46, United States Code.— Section 57100(d)(1) of title 46, United States Code, is amended by striking “section 7310 of title 10, United States Code,” and inserting “section 8680 of title 10”. (r) Laws Classified in Title 50, United States Code.— Section 505(a)(2)(B)(i) of the National Security Act of 1947 (50 U.S.C. 3095(a)(2)(B)(i)) is amended by striking “(including a law enacted pursuant to section 7307(a) of that title)” and inserting “(including a law enacted pursuant to section 8677(a) of title 10)”. (s) Title 54, United States Code.— Section 303102 of title 54, United States Code, is amended by striking “section 7433(b) of title 10” and inserting “section 8733(b) of title 10”. (t) Deeming Rule for Other References.— 10 USC 7001 note. Any reference in a provision of law (other than a provision amended by this section) to a section or chapter redesignated by this part shall be deemed to refer to the section or chapter as so redesignated. PART III— REPEALS OF CERTAIN PROVISIONS OF DEFENSE ACQUISITION LAW SEC. 811. AMENDMENT TO AND REPEAL OF STATUTORY REQUIREMENTS FOR CERTAIN POSITIONS OR OFFICES IN THE DEPARTMENT OF DEFENSE. (a) Amendment Relating to Director of Corrosion Policy and Oversight.— Section 2228(a) of title 10, United States Code, is amended— (1) by striking “, Technology, and Logistics” and inserting “and Sustainment” both places it appears; and (2) by striking “The Director shall report directly to the Under Secretary” at the end of paragraph (2). (b) Repeal of Statutory Requirement for Office of Technology Transition.— (1) Repeal.— Section 2515 of title 10, United States Code, is repealed. (2) Clerical amendment.— The table of sections at the beginning of subchapter III of chapter 148 of such title 10 USC prec. 2511. is amended by striking the item relating to section 2515. (c) Repeal of Statutory Requirement for Office for Foreign Defense Critical Technology Monitoring and Assessment.— (1) Repeal.— Section 2517 of title 10, United States Code, is repealed. (2) Clerical amendment.— The table of sections at the beginning of subchapter III of chapter 148 of such title is amended by striking the item relating to section 2517. (d) Repeal of Statutory Requirement for Defense Logistics Agency Advocate for Competition.— (1) Repeal.— Section 2318 of title 10, United States Code, is amended— (A) by striking subsection (a); and (B) by striking “(b)” before “Each advocate”. (2) Technical amendments.— Such section is further amended— (A) by striking “advocate for competition of” and inserting “advocate for competition designated pursuant to section 1705(a) of title 41 for”; and (B) by striking “a grade GS–16 or above under the General Schedule (or in a comparable or higher position under another schedule)” and inserting “in a position classified above GS–15 pursuant to section 5108 of title 5”. (e) Repeal of Statutory Requirement for Designation of Individual to Serve as Primary Liaison Between the Procurement and Research and Development Activities of the United States Armed Forces and Those of the State of Israel.— Section 1006 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat. 2040; 10 U.S.C. 133a note) is repealed. (f) Repeal of Statutory Requirement for Designation of Senior Official to Coordinate and Manage Human Systems Integration Activities Related to Acquisition Programs.— Section 231 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 45; 10 U.S.C. 1701 note) is amended— (1) by striking “(a) In General.—”; and (2) by striking subsections (b), (c), and (d). (g) Repeal of Statutory Requirement for Designation of Senior Official Responsible for Focus on Urgent Operational Needs and Rapid Acquisition.— Section 902 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1865; 10 U.S.C. 2302 note) is repealed. (h) Repeal of Statutory Requirement for Designation of Senior Official Responsible for Dual-use Projects Under Dual-use Science and Technology Program.— Section 203 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2511 note) is amended by striking subsection (c). (i) Submission of Notice and Plan to Congress.— Not less than 30 days before reorganizing, restructuring, or eliminating any position or office specified in this section, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of such reorganization, restructuring, or elimination together with a plan to ensure that mission requirements are met and appropriate oversight is conducted in carrying out such reorganization, restructuring, or elimination. Such plan shall address how user needs will be met and how associated roles and responsibilities will be accomplished for each position or office that the Secretary determines requiring reorganization, restructuring, or elimination. SEC. 812. REPEAL OF CERTAIN DEFENSE ACQUISITION LAWS. (a) Title 10, United States Code.— (1) Section 167a.— (A) Repeal.— Section 167a of title 10, United States Code, is repealed. (B) Clerical amendment.— The table of sections at the beginning of chapter 6 of such title 10 USC prec. 161. is amended by striking the item relating to section 167a. (C) Conforming amendment.— Section 905(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 133a note) is amended by striking “166b, 167, or 167a” and inserting “166b or 167”. (2) Section 2323.— (A) Repeal.— Section 2323 of title 10, United States Code, is repealed. (B) Clerical amendment.— The table of sections at the beginning of chapter 137 of such title 10 USC prec. 2301. is amended by striking the item relating to section 2323. (C) Conforming amendments.— (i) Section 853(c) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note) is amended by striking “section 2323 of title 10, United States Code, and”. (ii) Section 831(n) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended— (I) in paragraph (4), by inserting “, as in effect on March 1, 2018” after “section 2323 of title 10, United States Code”; and (II) in paragraph (6), by striking “section 2323 of title 10, United States Code, and”. (iii) Section 8304(1) of the Federal Acquisition Streamlining Act of 1994 (10 U.S.C. 2375 note) is amended by striking “section 2323 of title 10, United States Code, or”. (iv) Section 10004(a)(1) of the Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 1122 note) is amended by striking “section 2323 of title 10, United States Code, or”. (v) Section 2304(b)(2) of title 10, United States Code, is amended by striking “and concerns other than” and all that follows through “this title”. (vi) Section 2304e(b) of title 10, United States Code, is amended— (I) by striking “other than—” and all that follows through “small” and inserting “other than small”; (II) by striking “; or” and inserting a period; and (III) by striking paragraph (2). (vii) Section 2323a(a) of title 10, United States Code, is amended by striking “section 2323 of this title and”. (viii) Section 15 of the Small Business Act (15 U.S.C. 644) is amended— (I) in subsection (j)(3), by striking “section 2323 of title 10, United States Code,”; (II) in subsection (k)(10)— (aa) by striking “or section 2323 of title 10, United States Code,” and all that follows through “subsection (m),”; and (bb) by striking “subsection (a),” and inserting “subsection (a) or”; and (III) by amending subsection (m) to read as follows: “(m) Additional Duties of Procurement Center Representatives.— All procurement center representatives (including those referred to in subsection (k)(6)), in addition to such other duties as may be assigned by the Administrator, shall increase, insofar as possible, the number and dollar value of procurements that may be used for the programs established under this section and section 8(a).” . (ix) Section 1902(b)(1) of title 41, United States Code, is amended by striking “, section 2323 of title 10,”. (3) Section 2332.— (A) Repeal.— Section 2332 of title 10, United States Code, is repealed. (B) Clerical amendment.— The table of sections at the beginning of chapter 137 of such title 10 USC prec. 2301. is amended by striking the item relating to section 2332. (b) Other Provisions of Law.— The following provisions of law are repealed: (1) Section 934 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2223a note). (2) Section 804 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2223a note). (3) Section 804 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note). (4) Section 829 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note). (5) Section 818(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note). (6) Section 815(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note). (7) Section 141 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2302 note). (8) Section 801(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note). (9) Section 352 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note). (10) Section 9004 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165; 10 U.S.C. 2302 note). (11) Section 802 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2304 note). (12) Section 813 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2304 note). (13) Section 391 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note). (14) Section 927(b) of Public Laws 99–500, 99–591, and 99–661 (10 U.S.C. 2304 note). (15) Section 1222(b) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2304 note). (16) Section 814(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2304a note). (17) Section 834 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2304b note). (18) Section 803 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2306a note). (19) Section 1075 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2315 note). (20) Section 818 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2324 note). (21) Sections 908(a), (b), (c), and (e) of Public Laws 99–500, 99–591, and 99–661 (10 U.S.C. 2326 note). (22) Section 807 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2330 note). (23) Section 808(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note). (24) Section 812(b)–(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 2330 note). (25) Section 801(d)–(f) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note). (26) Section 802 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note). (27) Section 831 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2330a note). (28) Section 1032 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note). (29) Section 241 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note). (30) Section 913(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2364 note). (31) Sections 234(a) and (b) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2364 note). (32) Section 943(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2366a note). (33) Section 801 of the National Defense Authorization Act for Fiscal Year 1990 (Public Law 101–189; 10 U.S.C. 2399 note). (34) Section 8133 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 10 U.S.C. 2401a note). (35) Section 807(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2410p note). (36) Section 1058 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. 2430 note). (37) Section 838 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note). (38) Section 809 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2430 note). (39) Section 833 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note). (40) Section 839 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note). (41) Section 819 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2430 note). (42) Section 5064 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355; 10 U.S.C. 2430 note). (43) Section 803 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 2430 note). (44) Section 328 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2458 note). (45) Section 347 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2458 note). (46) Section 349 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2458 note). (47) Section 395 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2458 note). (48) 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). (49) Section 336 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2461 note). (50) Section 353(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note). (51) Section 353(b) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note). (52) Section 356 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note). (53) Section 1010 of the USA Patriot Act of 2001 (Public Law 107–56; 10 U.S.C. 2465 note). (54) Section 4101 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2500 note). (55) Section 852 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2504 note). (56) Section 823 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2521 note). (57) Section 823 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2533b note). (58) Section 804(h) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2533b note). (59) Section 842(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2533b note). (60) Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 4551 note). SEC. 813. REPEAL OF CERTAIN DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS. (a) Amendments to Title 10, United States Code.— Title 10, United States Code, is amended as follows: (1) Section 231a.— (A) Repeal.— Section 231a is repealed. (B) Clerical amendment.— The table of sections at the beginning of chapter 9 10 USC prec. 221. is amended by striking the item relating to section 231a. (2) Section 2276.— Section 2276 is amended by striking subsection (e). (b) NDAA for FY 2008.— The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended— (1) in section 911(f) (10 U.S.C. 2271 note)— (A) in the subsection heading, by striking “; Biennial Update”; (B) in paragraph (3), by striking “, and each update required by paragraph (2),”; and (C) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (2) in section 1034— 10 USC 272 note. (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (c) NDAA for FY 2009.— Section 1047(d) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2366b note) is amended— (1) in the subsection heading, by striking “Bandwidth” and all that follows through “The Secretary” and inserting “Bandwidth Requirements.—The Secretary”; and (2) by striking paragraph (2). (d) NDAA for FY 2010.— Section 1244 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 22 U.S.C. 1928 note) is amended by striking subsection (d). (e) NDAA for FY 2011.— Section 1217 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 22 U.S.C. 7513 note) is amended by striking subsection (i). (f) NDAA for FY 2013.— Section 524 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1723; 10 U.S.C. 1222 note) is amended by striking subsection (c). (g) NDAA for FY 2015.— Section 1026(d) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3490) is repealed. (h) Military Construction Authorization Act, 1982.— Section 703 of the Military Construction Authorization Act, 1982 (Public Law 97–99; 95 Stat. 1376) is amended by striking subsection (g). (i) Conforming Amendments.— (1) NDAA for fy 2017.— Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended— (A) in subsection (c), by striking paragraphs (16) and (41); (B) in subsection (d), by striking paragraph (3); (C) in subsection (f), by striking paragraph (1); (D) in subsection (g), by striking paragraph (3); (E) in subsection (h), by striking paragraph (3); and (F) in subsection (i), by striking paragraphs (15), (17), and (24). (2) NDAA for fy 2000.— Section 1031 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 749; 31 U.S.C. 1113 note) is amended by striking paragraph (32). Subtitle B— Amendments to General Contracting Authorities, Procedures, and Limitations SEC. 816. MODIFICATION OF LIMITATIONS ON SINGLE SOURCE TASK OR DELIVERY ORDER CONTRACTS.   Section 2304a(d)(3)(A) of title 10, United States Code, is amended by striking “reasonably perform the work” and inserting “efficiently perform the work”. SEC. 817. PRELIMINARY COST ANALYSIS REQUIREMENT FOR EXERCISE OF MULTIYEAR CONTRACT AUTHORITY.   Section 2306b(i)(2)(B) of title 10, United States Code, is amended— (1) by striking “made after the completion of a cost analysis” and inserting “supported by a preliminary cost analysis”; and (2) by striking “for the purpose of section 2334(e)(1) of this title, and that the analysis supports those preliminary findings”. SEC. 818. REVISION OF REQUIREMENT TO SUBMIT INFORMATION ON SERVICES CONTRACTS TO CONGRESS. (a) Revision.— Section 2329(b) of title 10, United States Code, is amended— (1) by striking “October 1, 2022” and inserting “October 1, 2021”; and (2) in paragraph (1)— (A) by striking “at or about” and inserting “at or before”; and (B) by inserting “or on the date on which the future-years defense program is submitted to Congress under section 221 of this title” after “title 31”; (3) in paragraph (3), by striking “and” at the end; (4) in paragraph (4), by striking the period at the end and inserting “; and”; and (5) by adding at the end the following new paragraph: “(5) be included in the future-years defense program submitted to Congress under section 221 of this title.” . (b) Briefing Requirement on Services Contracts.— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the requirements of section 2329(b) of title 10, United States Code, are met, the Under Secretary of Defense for Acquisition and Sustainment shall brief the congressional defense committees on the progress of Department of Defense efforts to meet the requirements of such section, including relevant information on the methodology and implementation plans for future compliance. SEC. 819. DATA COLLECTION AND INVENTORY FOR SERVICES CONTRACTS.   Section 2330a of title 10, United States Code, is amended in subsection (c)(1)— (1) by inserting “and contracts closely associated with inherently governmental functions” after “staff augmentation contracts”; and (2) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”. SEC. 820. REPORT ON CLARIFICATION OF SERVICES CONTRACTING DEFINITIONS.   Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report clarifying the definitions of and relationships between terms used by the Department of Defense related to services contracting, including the appropriate use of personal services contracts and nonpersonal services contracts, and the responsibilities of individuals in the acquisition workforce with respect to such contracts. SEC. 821. INCREASE IN MICRO-PURCHASE THRESHOLD APPLICABLE TO DEPARTMENT OF DEFENSE. (a) In General.— Section 2338 of title 10, United States Code, is amended by striking “Notwithstanding subsection (a) of section 1902 of title 41, the micro-purchase threshold for the Department of Defense for purposes of such section is $5,000” and inserting “The micro-purchase threshold for the Department of Defense is $10,000”. (b) Conforming Amendment.— Section 1902(a)(1) of title 41, United States Code, is amended by striking “sections 2338 and 2339 of title 10 and”. (c) Repeal of Obsolete Authority.— (1) In general.— Section 2339 of title 10, United States Code, is repealed. (2) Clerical amendment.— The table of sections at the beginning of chapter 137 of title 10, United States Code 10 USC prec. 2301. , is amended by striking the item relating to section 2339. SEC. 822. DEPARTMENT OF DEFENSE CONTRACTING DISPUTE MATTERS. (a) In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a study of the frequency and effects of bid protests involving the same contract award or proposed award that have been filed at both the Government Accountability Office and the United States Court of Federal Claims. The study shall cover Department of Defense contracts and include, at a minimum— (1) the number of protests that have been filed with both tribunals and results; (2) the number of such protests where the tribunals differed in denying or sustaining the action; (3) the length of time, in average time and median time— (A) from initial filing at the Government Accountability Office to decision in the United States Court of Federal Claims; (B) from filing with each tribunal to decision by such tribunal; (C) from the time at which the basis of the protest is known to the time of filing in each tribunal; and (D) in the case of an appeal from a decision of the United States Court of Federal Claims, from the date of the initial filing of the appeal to decision in the appeal; (4) the number of protests where performance was stayed or enjoined and for how long; (5) if performance was stayed or enjoined, whether the requirement was obtained in the interim through another vehicle or in-house, or whether during the period of the stay or enjoining the requirement went unfulfilled; (6) separately for each tribunal, the number of protests where performance was stayed or enjoined and monetary damages were awarded, which shall include for how long performance was stayed or enjoined and the amount of monetary damages; (7) whether the protestor was a large or small business; and (8) whether the protestor was the incumbent in a prior contract for the same or similar product or service. (b) Report.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the results of the study, along with related recommendations for improving the expediency of the bid protest process. In preparing the report, the Secretary shall consult with the Attorney General of the United States, the Comptroller General of the United States, and the United States Court of Federal Claims. (c) Ongoing Data Collection.— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish and continuously maintain a data repository to collect on an ongoing basis the information described in subsection (a) and any additional relevant bid protest data the Secretary determines necessary and appropriate to allow the Department of Defense, the Government Accountability Office, and the United States Court of Federal Claims to assess and review bid protests over time. (d) Establishment of Expedited Process for Small Value Contracts.— (1) In general.— Not later than December 1, 2019, the Secretary of Defense shall develop a plan and schedule for an expedited bid protest process for Department of Defense contracts with a value of less than $100,000. (2) Consultation.— In carrying out paragraph (1), the Secretary of Defense may consult with the Government Accountability Office and the United States Court of Federal Claims to the extent such entities may establish a similar process at their election. (3) Report.— Not later than May 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report on the plan and schedule for implementation of the expedited bid protest process, which shall include a request for any additional authorities the Secretary determines appropriate for such efforts. SEC. 823. INCLUSION OF BEST AVAILABLE INFORMATION REGARDING PAST PERFORMANCE OF SUBCONTRACTORS AND JOINT VENTURE PARTNERS.   Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Federal Acquisition Regulatory Council and the Administrator for Federal Procurement Policy, shall develop policies for the Department of Defense to ensure the best information regarding past performance of certain subcontractors and joint venture partners is available when awarding Department of Defense contracts. The policies shall include proposed revisions to the Defense Federal Acquisition Regulation Supplement as follows: (1) Required performance evaluations, as part of a government-wide evaluation reporting tool, for first-tier subcontractors on construction and architect-engineer contracts performing a portion of the contract valued at the threshold set forth in section 42.1502(e) of the Federal Acquisition Regulation, or 20 percent of the value of the prime contract, whichever is higher, provided— (A) the information included in rating the subcontractor is not inconsistent with the information included in the rating for the prime contractor; (B) the subcontractor evaluation is conducted consistent with the provisions of section 42.15 of the Federal Acquisition Regulation; (C) negative evaluations of a subcontractor in no way obviate the prime contractor’s responsibility for successful completion of the contract and management of its subcontractors; and (D) that in the judgment of the contracting officer, the overall execution of the work is impacted by the performance of the subcontractor or subcontractors. (2) Required performance evaluations, as part of a government-wide evaluation reporting tool, of individual partners of joint venture-awarded construction and architect-engineer contracts valued at the threshold set forth in section 42.1502(e) of the Federal Acquisition Regulation, to ensure that past performance on joint venture projects is considered in future awards to individual joint venture partners, provided— (A) at a minimum, the rating for joint ventures includes an identification that allows the evaluation to be retrieved for each partner of the joint venture; (B) each partner, through the joint venture, is given the same opportunity to submit comments, rebutting statements, or additional information, consistent with the provisions of section 42.15 of the Federal Acquisition Regulation; and (C) the rating clearly identifies the responsibilities of joint venture partners for discrete elements of the work where the partners are not jointly and severally responsible for the project. (3) Processes to request exceptions from the annual evaluation requirement under section 42.1502(a) of the Federal Acquisition Regulation for construction and architect-engineer contracts where submission of the annual evaluations would not provide the best representation of the performance of a contractor, including subcontractors and joint venture partners, including— (A) where no severable element of the work has been completed; (B) where the contracting officer determines that— (i) an insubstantial portion of the contract work has been completed in the preceding year; and (ii) the lack of performance is at no fault to the contractor; or (C) where the contracting officer determines that there is an issue in dispute which, until resolved, would likely cause the annual rating to inaccurately reflect the past performance of the contractor. SEC. 824. SUBCONTRACTING PRICE AND APPROVED PURCHASING SYSTEMS. (a) Amendment.— Section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note) is amended— (1) in subsection (g), by adding at the end the following new paragraph: “(5) The term ‘approved purchasing system’ has the meaning given the term in section 44.101 of the Federal Acquisition Regulation (or any similar regulation).” ; and (2) by adding at the end the following new subsection: “(i) Consent to Subcontract.— If the contractor on a Department of Defense contract requiring a contracting officer’s written consent prior to the contractor entering into a subcontract has an approved purchasing system, the contracting officer may not withhold such consent without the written approval of the program manager.” . (b) Conforming Regulations.— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to conform with the amendments to section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note) made by this section. SEC. 825. MODIFICATION OF CRITERIA FOR WAIVERS OF REQUIREMENT FOR CERTIFIED COST AND PRICE DATA.   Section 817(b)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended by striking “; and” and inserting “; or”. Subtitle C— Provisions Relating to Major Defense Acquisition Programs SEC. 831. REVISIONS IN AUTHORITY RELATING TO PROGRAM COST TARGETS AND FIELDING TARGETS FOR MAJOR DEFENSE ACQUISITION PROGRAMS. (a) Revisions in Authority Relating to Program Cost and Fielding Targets.— Section 2448a of title 10, United States Code, is amended— (1) in subsection (a), by striking “Secretary of Defense” and inserting “designated milestone decision authority for the program”; (2) by striking “the milestone decision authority for the major defense acquisition program approves a program that” and inserting “the program”; (3) by striking subsection (b); and (4) by redesignating subsection (c) as subsection (b). (b) Conforming Amendments.— (1) Section 181(b) of title 10, United States Code, is amended— (A) by striking paragraph (3); and (B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (3), (4), (5), and (6), respectively. (2) Section 2366a(c)(1)(A) of such title is amended by striking “by the Secretary of Defense”. (3) Section 2366b of such title is amended— (A) in subsection (a)(3)(D), by striking “Secretary of Defense after a request for such increase or delay by the”; and (B) in subsection (c)(1)(A), by striking “by the Secretary of Defense”. (4) Section 925(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2361; 10 U.S.C. 2448a note) is amended by striking “Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff” and inserting “designated milestone decision authority for the major defense acquisition program and the Vice Chief of Staff of the armed force concerned or, in the case of a program for which an alternate milestone decision authority is designated under section 2430(d)(2) of such title, the Vice Chairman of the Joint Chiefs of Staff”. SEC. 832. IMPLEMENTATION OF RECOMMENDATIONS OF THE INDEPENDENT STUDY ON CONSIDERATION OF SUSTAINMENT IN WEAPONS SYSTEMS LIFE CYCLE. (a) Implementation Required.— Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall, except as provided under subsection (b), commence implementation of each recommendation submitted as part of the independent assessment produced under section 844 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2290). (b) Exceptions.— (1) Delayed implementation.— The Secretary of Defense may commence implementation of a recommendation described under subsection (a) later than the date required under such subsection if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation. (2) Nonimplementation.— The Secretary of Defense may opt not to implement a recommendation described under subsection (a) if the Secretary provides to the congressional defense committees— (A) the reasons for the decision not to implement the recommendation; and (B) a summary of the alternative actions the Secretary plans to take to address the purposes underlying the recommendation. (c) Implementation Plans.— For each recommendation that the Secretary is implementing, or that the Secretary plans to implement, the Secretary shall submit to the congressional defense committees— (1) a summary of actions that have been taken to implement the recommendation; and (2) a schedule, with specific milestones, for completing the implementation of the recommendation. SEC. 833. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS AND RELATED INITIATIVES. (a) In General.— Chapter 131 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2229b. Comptroller General assessment of acquisition programs and initiatives “(a) Assessment Required.— The Comptroller General of the United States shall submit to the congressional defense committees an annual assessment of selected acquisition programs and initiatives of the Department of Defense by March 30th of each year from 2020 through 2023. “(b) Analyses To Be Included.— The assessment required under subsection (a) shall include— “(1) a macro analysis of how well acquisition programs and initiatives are performing and reasons for that performance; “(2) a summary of organizational and legislative changes and emerging assessment methodologies since the last assessment, and a discussion of the implications for execution and oversight of programs and initiatives; and “(3) specific analyses of individual acquisition programs and initiatives. “(c) Acquisition Programs and Initiatives to Be Considered.— The assessment required under subsection (a) shall consider the following programs and initiatives: “(1) Selected weapon systems, as determined appropriate by the Comptroller General. “(2) Selected information technology systems and initiatives, including defense business systems, networks, and software-intensive systems, as determined appropriate by the Comptroller General. “(3) Selected prototyping and rapid fielding activities and initiatives, as determined appropriate by the Comptroller General.” . (b) Clerical Amendment.— The table of sections at the beginning of such chapter 10 USC prec. 2201. is amended by inserting after the item relating to section 2229a the following new item: “2229b. Comptroller General assessment of acquisition programs and related initiatives.”. (c) Repeal of Superseded Authority.— Section 883(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2222 note) is amended by striking paragraph (1), effective on January 1, 2020. Subtitle D— Provisions Relating to Commercial Items SEC. 836. REVISION OF DEFINITION OF COMMERCIAL ITEM FOR PURPOSES OF FEDERAL ACQUISITION STATUTES. (a) Definitions in Chapter 1 of Title 41, United States Code.— (1) Separation of “commercial item” definition into definitions of “commercial product” and “commercial service”.— Chapter 1 of title 41, United States Code, is amended by striking section 103 and inserting the following new sections: “§ 103. Commercial product   “In this subtitle, the term ‘commercial product’ means any of the following: “(1) A product, other than real property, that— “(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and “(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. “(2) A product that— “(A) evolved from a product described in paragraph (1) through advances in technology or performance; and “(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation. “(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for— “(A) modifications of a type customarily available in the commercial marketplace; or “(B) minor modifications made to meet Federal Government requirements. “(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public. “(5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. “(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that— “(A) the product was developed exclusively at private expense; and “(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments. “§ 103a. Commercial service   “In this subtitle, the term ‘commercial service’ means any of the following: “(1) Installation services, maintenance services, repair services, training services, and other services if— “(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and “(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government; “(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace— “(A) based on established catalog or market prices; “(B) for specific tasks performed or specific outcomes to be achieved; and “(C) under standard commercial terms and conditions. “(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.” . (2) Conforming amendments to title 41 definitions.— (A) Definition of commercial component.— Section 102 of such title is amended by striking “commercial item” and inserting “commercial product”. (B) Definition of commercially available off-the-shelf item.— Section 104(1)(A) is amended by striking “commercial item” and inserting “commercial product”. (C) Definition of nondevelopmental item.— Section 110(1) of such title is amended by striking “commercial item” and inserting “commercial product”. (3) Clerical amendment.— The table of sections at the beginning of chapter 1 of title 41, United States Code 41 USC prec. 101. , is amended by striking the item relating to section 103 and inserting the following new items: “103. Commercial product. “103a. Commercial service.”. (b) Conforming Amendments to Other Provisions of Title 41, United States Code.— Title 41, United States Code, is further amended as follows: (1) Section 1502(b) is amended— (A) in paragraph (1)(A), by striking “commercial items” and inserting “commercial products or commercial services”; (B) in paragraph (1)(C)(i), by striking “commercial item” and inserting “commercial product or commercial service”; and (C) in paragraph (3)(A)(i), by striking “commercial items” and inserting “commercial products or commercial services”. (2) Section 1705(c) 41 USC 1705. is amended by striking “commercial items” and inserting “commercial products and commercial services”. (3) Section 1708 is amended by striking “commercial items” in subsections (c)(6) and (e)(3) and inserting “commercial products or commercial services”. (4) Section 1901 is amended— (A) in subsection (a)(2), by striking “commercial items” and inserting “commercial products or commercial services”; and (B) in subsection (e)— (i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and (ii) by striking “commercial items” and inserting “commercial products or commercial services”. (5) Section 1903(c) is amended— (A) in the subsection heading, by striking “Commercial Item” and inserting “Commercial Product or Commercial Service”; (B) in paragraph (1), by striking “as a commercial item” and inserting “as a commercial product or a commercial service”; and (C) in paragraph (2), by striking “for an item or service treated as a commercial item” and inserting “for a product or service treated as a commercial product or a commercial service”. (6) (A) Section 1906 is amended by striking “commercial items” each place it appears in subsections (b), (c), and (d) and inserting “commercial products or commercial services”. (B) (i) The heading of such section is amended to read as follows: “§ 1906. List of laws inapplicable to procurements of commercial products and commercial services” . (ii) The table of sections at the beginning of chapter 19 is amended by striking the item relating to section 1906 and inserting the following new item: “1906. List of laws inapplicable to procurements of commercial products and commercial services.”. (7) Section 3304 is amended by striking “commercial item” in subsections (a)(5) and (e)(4)(B) and inserting “commercial product”. (8) Section 3305(a)(2) is amended by striking “commercial items” and inserting “commercial products or commercial services”. (9) Section 3306(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”. (10) (A) Section 3307 is amended— (i) in subsection (a)— (I) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; (II) in paragraph (1), by striking “commercial items” and inserting “commercial products and commercial services”; and (III) in paragraph (2), by striking “a commercial item” and inserting “a commercial product or commercial service”; (ii) in subsection (b)— (I) in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and (II) in paragraph (3), by striking “commercial items and nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, and nondevelopmental items other than commercial products”; (iii) in subsection (c)— (I) in paragraphs (1) and (2), by striking “commercial items or nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or nondevelopmental items other than commercial products”; (II) in paragraphs (3) and (4), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and (III) in paragraphs (5) and (6), by striking “commercial items” and inserting “commercial products and commercial services”; (iv) in subsection (d)(2), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and (v) in subsection (e)— (I) in paragraph (1), by inserting “103a, 104,” after “sections 102, 103,”; (II) in paragraph (2)(A), by striking “commercial items” and inserting “commercial products or commercial services”; (III) in the first sentence of paragraph (2)(B), by striking “commercial end items” and inserting “end items that are commercial products”; (IV) in paragraphs (2)(B)(i), (2)(C)(i) and (2)(D), by striking “commercial items or commercial components” and inserting “commercial products, commercial components, or commercial services”; (V) in paragraph (2)(C), in the matter preceding clause (i), by striking “commercial items” and inserting “commercial products or commercial services”; (VI) in paragraph (4)(A), by striking “commercial items” and inserting “commercial products or commercial services”; (VII) in paragraph (4)(C)(i), by striking “commercial item, as described in section 103(5)” and inserting “commercial product, as described in section 103a(1)”; and (VIII) in paragraph (5), by striking “items” each place it appears and inserting “products”. (B) (i) The heading of such section 41 USC 3307. is amended to read as follows: “§ 3307. Preference for commercial products and commercial services” . (ii) The table of sections at the beginning of chapter 33 is amended by striking the item relating to section 3307 and inserting the following new item: “3307. Preference for commercial products and commercial services.”. (11) Section 3501 is amended— (A) in subsection (a)— (i) by striking paragraph (1); (ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (iii) in paragraph (2) (as so redesignated), by striking “commercial items” and inserting “commercial products or commercial services”; and (B) in subsection (b)— (i) by striking “item” in the heading for paragraph (1); and (ii) by striking “commercial items” in paragraphs (1) and (2)(A) and inserting “commercial services”. (12) Section 3503 is amended— (A) in subsection (a)(2), by striking “a commercial item” and inserting “a commercial product or a commercial service”; and (B) in subsection (b)— (i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products or Commercial Services”; and (ii) by striking “a commercial item” each place it appears and inserting “a commercial product or a commercial service”. (13) Section 3505(b) is amended by striking “commercial items” each place it appears and inserting “commercial products or commercial services”. (14) Section 3509(b) 41 USC 3509. is amended by striking “commercial items” and inserting “commercial products or commercial services”. (15) Section 3704(c)(5) is amended by striking “commercial item” and inserting “commercial product”. (16) Section 3901(b)(3) is amended by striking “commercial items” and inserting “commercial products or commercial services”. (17) Section 4301(2) is amended by striking “commercial items” and inserting “commercial products or commercial services”. (18) (A) Section 4505 is amended by striking “commercial items” in subsections (a) and (c) and inserting “commercial products or commercial services”. (B) (i) The heading of such section is amended to read as follows: “§ 4505. Payments for commercial products and commercial services” . (ii) The table of sections at the beginning of chapter 45 is amended by striking the item relating to section 4505 and inserting the following new item: “4505. Payments for commercial products and commercial services.”. (19) Section 4704(d) is amended by striking “commercial items” both places it appears and inserting “commercial products or commercial services”. (20) Sections 8102(a)(1), 8703(d)(2), and 8704(b) are amended by striking “commercial items (as defined in section 103 of this title)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)”. (c) Amendments to Chapter 137 of Title 10, United States Code.— Chapter 137 of title 10, United States Code, is amended as follows: (1) Section 2302(3) is amended— (A) by redesignating subparagraphs (J), (K), and (L) as subparagraphs (K), (L), and (M); and (B) by striking subparagraph (I) and inserting the following new subparagraphs (I) and (J): “(I) The term ‘commercial product’. “(J) The term ‘commercial service’.” . (2) Section 2304 is amended— (A) in subsections (c)(5) and (f)(2)(B), by striking “brand-name commercial item” and inserting “brand-name commercial product”; (B) in subsection (g)(1)(B), by striking “commercial items” and inserting “commercial products or commercial services”; and (C) in subsection (i)(3), by striking “commercial items” and inserting “commercial products”. (3) Section 2305 is amended— (A) in subsection (a)(2), by striking “commercial items” and inserting “commercial products or commercial services”; and (B) in subsection (b)(5)(B)(v), by striking “commercial item” and inserting “commercial product”. (4) Section 2306(b) 10 USC 2306. is amended by striking “commercial items” and inserting “commercial products or commercial services”. (5) Section 2306a is amended— (A) in subsection (b)— (i) in paragraph (1)(B), by striking “a commercial item” and inserting “a commercial product or a commercial service”; (ii) in paragraph (2)— (I) by striking “Commercial items” in the paragraph heading and inserting “Commercial products or commercial services”; and (II) by striking “commercial item” each place it appears and inserting “commercial product or commercial services”; (iii) in paragraph (3)— (I) by striking “Commercial items” in the paragraph heading and inserting “Commercial products”; and (II) by striking “item” each place it appears and inserting “product”; and (iv) in paragraph (4)— (I) by striking “Commercial item” in the paragraph heading and inserting “Commercial product or commercial service”; (II) by striking “commercial item” in subparagraph (A) after “applying the”; (III) by striking “prior commercial item determination” in subparagraph (A) and inserting “prior commercial product or commercial service determination”; (IV) by striking “of such item” in subparagraph (A) and inserting “of such product or service”; (V) by striking “of an item previously determined to be a commercial item” in subparagraph (B) and inserting “of a product or service previously determined to be a commercial product or a commercial service”; (VI) by striking “of a commercial item,” in subparagraph (B) and inserting “of a commercial product or a commercial service, as the case may be,”; (VII) by striking “the commercial item determination” in subparagraph (B) and inserting “the commercial product or commercial service determination”; and (VIII) by striking “commercial item” in subparagraph (C); and (v) in paragraph (5), by striking “commercial items” and inserting “commercial products or commercial services”; (B) in subsection (d)(2), by striking “commercial items” each place it appears and inserting “commercial products or commercial services”; and (C) in subsection (h)— (i) in paragraph (2), by striking “commercial items” and inserting “commercial products or commercial services”; and (ii) by striking paragraph (3). (6) Section 2307(f) 10 USC 2307. is amended— (A) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and (B) by striking “commercial items” in paragraphs (1) and (2) and inserting “commercial products and commercial services”. (7) Section 2320(b) is amended— (A) in paragraph (1), by striking “a commercial item, the item” and inserting “a commercial product, the product”; and (B) in paragraph (9)(A), by striking “any noncommercial item or process” and inserting “any noncommercial product or process”. (8) Section 2321(f) is amended— (A) in paragraph (1)— (i) by striking “commercial items” and inserting “commercial products”; and (ii) by striking “the item” both places it appears and inserting “commercial products”; and (B) in paragraph (2)(A), in clauses (i) and (ii), by striking “commercial item” and inserting “commercial product”. (9) Section 2324(l)(1)(A) is amended by striking “commercial items” and inserting “commercial products or commercial services”. (10) Section 2335(b) is amended by striking “commercial items” and inserting “commercial products and commercial services”. (d) Amendments to Chapter 140 of Title 10, United States Code.— Chapter 140 of title 10, United States Code, is amended as follows: (1) Section 2375 is amended— (A) in subsection (a), by striking “commercial item” in paragraphs (1) and (2) and inserting “commercial product or commercial service”; (B) in subsections (b) and (c)— (i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and (ii) by striking “commercial items” each place it appears and inserting “commercial products and commercial services”; and (C) in subsection (e)(3), by striking “commercial items” and inserting “commercial products and commercial services”. (2) Section 2376(1) is amended— (A) by striking “terms ‘commercial item’,” and inserting “terms ‘commercial product’, ‘commercial service’,”; and (B) by striking “chapter 1 of title 41” and inserting “sections 103, 103a, 110, 105, and 102, respectively, of title 41”. (3) Section 2377 is amended— (A) in subsection (a)— (i) in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and (ii) in paragraph (3), by striking “commercial items and nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, and nondevelopmental items other than commercial products”; (B) in subsection (b)— (i) in paragraphs (1) and (2), by striking “commercial items or nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, or nondevelopmental items other than commercial products”; (ii) in paragraphs (3) and (4), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and (iii) in paragraphs (5) and (6), by striking “commercial items” and inserting “commercial products and commercial services”; (C) in subsection (c)— (i) in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and (ii) in paragraph (4), by striking “items other than commercial items” and inserting “products other than commercial products or services other than commercial services”; (D) in subsection (d)— (i) in the first sentence, by striking “commercial items” and inserting “commercial products or commercial services”; (ii) in paragraph (1), by striking “items” and inserting “products or services”; and (iii) in paragraph (2), by striking “items” and inserting “products or services”; and (E) in subsection (e)(1), by striking “commercial items” and inserting “commercial products and commercial services”. (4) Section 2379 10 USC 2379. is amended— (A) by striking “Commercial Items” in the headings of subsections (b) and (c) and inserting “Commercial Products”; (B) in subsections (a)(1)(A), (b)(2), and (c)(1)(B), by striking “, as defined in section 103 of title 41”; and (C) by striking “commercial item” and “commercial items” each place they appear and inserting “commercial product” and “commercial products”, respectively. (5) Section 2380 is amended— (A) in subsection (a), by striking “commercial item determinations” in paragraphs (1) and (2) and inserting “commercial product and commercial service determinations”; and (B) in subsection (b) (as added by section 848 of the National Defense Authorization Act for Fiscal Year 2018)— (i) by striking “Item” in the subsection heading; (ii) by striking “an item” each place it appears and inserting “a product or service”; (iii) by striking “item” after “using commercial” each place it appears; (iv) by striking “prior commercial item determination” and inserting “prior commercial product or service determination”; (v) by striking “such item” and inserting “such product or service”; and (vi) by striking “the item” both places it appears and inserting “the product or service”. (6) Section 2380a is amended— (A) in subsection (a)— (i) by striking “items and” and inserting “products and”; and (ii) by striking “commercial items” and inserting “commercial products and commercial services, respectively,”; and (B) in subsection (b), by striking “commercial items” and inserting “commercial services”. (7) Section 2380B is amended by striking “commercial item” and inserting “commercial product”. (8) Amendments to headings, etc.— (A) The heading of such chapter 10 USC prec. 2375. is amended to read as follows: “CHAPTER 140— PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES” . (B) The heading of section 2375 is amended to read as follows: “§ 2375. Relationship of other provisions of law to procurement of commercial products and commercial services” . (C) The heading of section 2377 is amended to read as follows: “§ 2377. Preference for commercial products and commercial services” . (D) The heading of section 2379 10 USC 2379. is amended to read as follows: “§ 2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress” . (E) The heading of section 2380 is amended to read as follows: “§ 2380. Commercial product and commercial service determinations by Department of Defense” . (F) The heading of section 2380a is amended to read as follows: “§ 2380a. Treatment of certain products and services as commercial products and commercial services” . (G) Section 2380B is redesignated as section 2380b and the heading of that section is amended to read as follows: “§ 2380b. Treatment of commingled items purchased by contractors as commercial products” . (H) The table of sections at the beginning of such chapter is amended 10 USC prec. 2375. to read as follows: “2375. Relationship of other provisions of law to procurement of commercial products and commercial services. “2376. Definitions. “2377. Preference for commercial products and commercial services. “2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress. “2380. Commercial product and commercial service determinations by Department of Defense. “2380a. Treatment of certain products and services as commercial products and commercial services. “2380b. Treatment of commingled items purchased by contractors as commercial products.”. (e) Other Amendments to Title 10, United States Code.— Title 10, United States Code, is further amended as follows: (1) Section 2226(b) is amended by striking “for services” and all that follows through “deliverable items” and inserting “for services or deliverable items”. (2) Section 2384(b)(2) is amended by striking “commercial items” and inserting “commercial products”. (3) Section 2393(d) is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”. (4) Section 2402(d) is amended— (A) in paragraph (1), by striking “commercial items” both places it appears and inserting “commercial products or commercial services”; and (B) in paragraph (2), by striking “the term” and all that follows and inserting “the terms ‘commercial product’ and ‘commercial service’ have the meanings given those terms in sections 103 and 103a, respectively, of title 41.”. (5) Section 2408(a)(4)(B) 10 USC 2408. is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”. (6) Section 2410b(c) is amended by striking “commercial items” and inserting “commercial products”. (7) Section 2410g(d)(1) is amended by striking “Commercial items (as defined in section 103 of title 41)” and inserting “Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”. (8) Section 2447a is amended— (A) in subsection (a)(2), by striking “commercial items and technologies” and inserting “commercial products and technologies”; and (B) in subsection (c), by inserting before the period at the end the following: “and the term ‘commercial product’ has the meaning given that term in section 103 of title 41”. (9) Section 2451(d) is amended by striking “commercial items” and inserting “commercial products (as defined in section 103 of title 41)”. (10) Section 2464 is amended— (A) in subsection (a)— (i) in paragraph (3), by striking “commercial items” and inserting “commercial products or commercial services”; and (ii) in paragraph (5), by striking “The commercial items covered by paragraph (3) are commercial items” and inserting “The commercial products or commercial services covered by paragraph (3) are commercial products (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title)”; and (B) in subsection (c)— (i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products or Commercial Services”; and (ii) by striking “commercial item” and inserting “commercial product or commercial service”. (11) Section 2484(f) is amended— (A) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products”; and (B) by striking “commercial item” and inserting “commercial product”. (12) The items relating to chapter 140 in the tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A 10 USC prec. 101, prec. 2201. , are amended to read as follows: “140.  Procurement of Commercial Products and Commercial Services (f) Amendments to Provisions of National Defense Authorization Acts.— (1) Section 806(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 note) is amended by striking “commercial items (as defined in section 103 of title 41, United States Code)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41, United States Code)”. (2) Section 821(e) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 2302 note) is amended— (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (3) Section 821(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note) is amended— (A) in paragraph (1), by striking “a commercial item” and inserting “a commercial product or a commercial service”; (B) in paragraph (2), by striking “commercial item” and inserting “commercial product”; and (C) by adding at the end the following new paragraph: “(3) The term ‘commercial service’ has the meaning provided by section 103a of title 41, United States Code.” . (4) Section 817(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended— (A) in paragraph (1), by striking “commercial item exceptions” and inserting “commercial product-commercial service exceptions”; and (B) in paragraph (2), by striking “commercial item exception” and inserting “commercial product-commercial service exception”; (5) Section 852(b)(2)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2324 note) is amended by striking “a commercial item, as defined in section 103 of title 41” and inserting “a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41”. (6) Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note) is amended— (A) in subsection (b), by striking “commercial items” in paragraphs (1) and (2)(A) and inserting “commercial services”; and (B) in subsection (c)— (i) by striking “item” in the headings for paragraphs (1) and (2) and inserting “services”; (ii) in the matter in paragraph (1) preceding subparagraph (A), by striking “commercial item” and inserting “commercial service”; (iii) in paragraph (1)(A), by striking “a commercial item, as described in section 103(5) of title 41” and inserting “a service, as described in section 103a(1) of title 41”; (iv) in paragraph (1)(C)(i), by striking “section 103(6) of title 41” and inserting “section 103a(2) of title 41”; and (v) in paragraph (2), by striking “item” and inserting “service”. (7) Section 849(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2377 note) is amended— (A) by striking “commercial items” in paragraph (1) and inserting “commercial products”; (B) by striking “commercial item” in paragraph (3)(B)(i) and inserting “commercial product”; and (C) by adding at the end the following new paragraph: “(5) Definition.— In this subsection, the term ‘commercial product’ has the meaning given that term in section 103 of title 41.” . (8) Section 856(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 note) is amended by striking “commercial items or services” and inserting “a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41,”. (9) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended— (A) in the section heading, by striking “commercial items” and inserting “commercial products”; (B) in subsection (a), by striking “commercial items” and inserting “commercial products”; (C) in subsection (c)(3)— (i) by striking “Commercial items” in the paragraph heading and inserting “Commercial products or commercial services”; and (ii) by striking “commercial items” and inserting “commercial products or commercial services”; and (D) in subsection (e)(2), by striking “item” in subparagraphs (A) and (B) and inserting “products”. (10) Section 880 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 41 U.S.C. 3301 note) is amended by striking “commercial items” in subsection (a)(1) and inserting “commercial products”. (g) Conforming Amendments to Other Statutes.— (1) Section 604(g) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(g)) is amended— (A) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products”; (B) by striking “procurement of commercial” in the first sentence and all that follows through “items listed” and inserting “procurement of commercial products notwithstanding section 1906 of title 41, United States Code, with the exception of commercial products listed”; and (C) in the second sentence— (i) by inserting “product” after “commercial”; and (ii) by striking “in the” and all that follows and inserting “in section 103 of title 41, United States Code.”. (2) Section 142 of the Higher Education Act of 1965 (20 U.S.C. 1018a) is amended— (A) in subsection (e)— (i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; (ii) by striking “that commercial items” and inserting “that commercial products or commercial services”; (iii) by striking “special rules for commercial items” and inserting “special rules for commercial products and commercial services”; (iv) by striking “without regard to—” and all that follows through “dollar limitation” and inserting “without regard to any dollar limitation”; (v) by striking “; and” and inserting a period; and (vi) by striking paragraph (2); (B) in subsection (f)— (i) by striking “Items” in the subsection heading and inserting “Products and Services”; (ii) by striking “Items” in the heading of paragraph (2) and inserting “Products and services”; and (iii) by striking “a commercial item” in paragraph (2) and inserting “a commercial product or a commercial service”; (C) in subsection (h)— (i) by striking “Items” in the subsection heading and inserting “Services”; and (ii) by striking “commercial items” in paragraph (1) and inserting “commercial services”; and (D) in subsection (l)— (i) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively; (ii) by striking paragraph (1) and inserting the following new paragraphs: “(1) Commercial product.— The term ‘commercial product’ has the meaning given the term in section 103 of title 41, United States Code. “(2) Commercial service.— The term ‘commercial service’ has the meaning given the term in section 103a of title 41, United States Code.” ; (iii) in paragraph (3), as so redesignated, by striking “in section” and all that follows and inserting “in section 152 of title 41, United States Code.”; (iv) in paragraph (5), as so redesignated— (I) by striking “Commercial items” in the paragraph heading and inserting “Commercial products and commercial services”; (II) by striking “commercial items” and inserting “commercial products and commercial services”; and (III) by striking “pursuant to” and all that follows and inserting “pursuant to sections 1901 and 3305(a) of title 41, United States Code.”; and (v) in paragraph (6), as so redesignated, by striking “pursuant to” and all that follows and inserting “pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41, United States Code.”. (3) Section 3901(a)(4)(A)(ii)(II) of title 31, United States Code, is amended by striking “commercial item” and inserting “commercial product”. (4) Section 2455(c)(1) of the Federal Acquisition Streamlining Act of 1994 (31 U.S.C. 6101 note) is amended by striking “commercial items” and inserting “commercial products”. (5) Section 508(f) of the Federal Water Pollution Control Act (33 U.S.C. 1368(f)) is amended— (A) in paragraph (1), by striking “commercial items” and inserting “commercial products or commercial services”; and (B) in paragraph (2), by striking “the term” and all that follows and inserting “the terms ‘commercial product’ and ‘commercial service’ have the meanings given those terms in sections 103 and 103a, respectively, of title 41, United States Code.”. (6) Section 3707 of title 40, United States Code, is amended by striking “a commercial item (as defined in section 103 of title 41)” and inserting “a commercial product (as defined in section 103 of title 41) or a commercial service (as defined in section 103a of title 41)”. (7) Subtitle III of title 40, United States Code, is amended— (A) in section 11101(1), by striking “Commercial item.—The term ‘commercial item’ has” and inserting “Commercial product.—The term ‘commercial product’ has”; and (B) in section 11314(a)(3), by striking “items” each place it appears and inserting “products”. (8) Section 8301(g) of the Federal Acquisition Streamlining Act of 1994 (42 U.S.C. 7606 note) is amended by striking “commercial items” and inserting “commercial products or commercial services”. (9) Section 40118(f) of title 49, United States Code, is amended— (A) in paragraph (1), by striking “commercial items” and inserting “commercial products”; and (B) in paragraph (2), by striking “commercial item” and inserting “commercial product”. (10) Chapter 501 of title 51, United States Code, is amended— (A) in section 50113(c)— (i) by striking “Commercial Item” in the subsection heading and inserting “Commercial Product or Commercial Service”; and (ii) by striking “commercial item” in the second sentence and inserting “commercial product or commercial service”; and (B) in section 50115(b)— (i) by striking “Commercial Item” in the subsection heading and inserting “Commercial Product or Commercial Service”; and (ii) by striking “commercial item” in the second sentence and inserting “commercial product or commercial service”; and (C) in section 50132(a)— (i) by striking “Commercial Item” in the subsection heading and inserting “Commercial Service”; and (ii) by striking “commercial item” in the second sentence and inserting “commercial service”. (h) Effective Date and Savings Provision.— The amendments made by subsections (a) through (g) shall take effect on January 1, 2020. Any provision of law that on the day before such effective date is on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1907 of title 41, United States Code, shall be deemed as of that effective date to be on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1906 of such title. (i) Implementation Plan Required.— Not later than April 1, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with members of the Defense Business Board, the Defense Science Board, and the Defense Innovation Board as appropriate, shall submit to the Committees on Armed Services of the Senate and the House of Representatives an implementation plan that contains the following elements: (1) An implementation timeline and schedule, to include substantive, technical, and conforming changes to the law that the Under Secretary deems appropriate and necessary, to include revising definitions or categories of items, products, and services. (2) A review of recommendations by the independent panel created under section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 889) pertaining to commercial items. (3) A review of commercial item provisions from the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), and other relevant legislation. (4) An analysis of the extent to which the Department of Defense should treat commercial service contracts and commercial products in a similar manner. (5) Such other matters with respect to commercial item procurement as the Under Secretary considers appropriate. SEC. 837. LIMITATION ON APPLICABILITY TO DEPARTMENT OF DEFENSE COMMERCIAL CONTRACTS OF CERTAIN PROVISIONS OF LAW. (a) Section 2375.— Section 2375(b)(2) of title 10, United States Code, is amended by striking “January 1, 2015” and inserting “October 13, 1994”. (b) Section 2533a.— Section 2533a(i) of such title is amended— (1) in the subsection heading, by striking “Items” and inserting “Products”; and (2) by striking “commercial items” and inserting “commercial products”. (c) Section 2533b.— Section 2533b(h) of such title is amended— (1) in the subsection heading, by striking “Items” and inserting “Products”; and (2) by striking “commercial items” each place it appears and inserting “commercial products”. SEC. 838. MODIFICATIONS TO PROCUREMENT THROUGH COMMERCIAL E-COMMERCE PORTALS. (a) In General.— Section 846 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note) is amended— (1) in subsection (f), by adding at the end the following new paragraph: “(5) A procurement of a product made through a commercial e-commerce portal under the program established pursuant to subsection (a) is deemed to satisfy requirements for full and open competition pursuant to section 2304 of title 10, United States Code, and section 3301 of title 41, United States Code, if— “(A) there are offers from two or more suppliers of such a product or similar product with substantially the same physical, functional, or performance characteristics on the online marketplace; and “(B) the Administrator establishes procedures to implement subparagraph (A) and notifies Congress at least 30 days before implementing such procedures.” ; and (2) in subsection (h), by striking paragraph (3) and inserting the following: “(3) agree not to use, for pricing, marketing, competitive, or other purposes, any information, including any Government-owned data, such as purchasing trends or spending habits, related to a product from a third-party supplier featured on the commercial e-commerce portal or the transaction of such product, except as necessary to comply with the requirements of the program established in subsection (a).” . (b) Sense of Congress.— It is the sense of Congress that— (1) the implementation of any e-commerce portal under such section 846 to procure commercial products will be done in a manner that will enhance competition, expedite procurement, and ensure reasonable pricing of commercial products; (2) the implementation of the e-commerce portal will be completed with multiple contracts with multiple commercial e-commerce portal providers; and (3) the Administrator of the General Services Administration should require any e-commerce portal provider to take the necessary precautions to safeguard data of all other e-commerce portal providers and any third-party suppliers. SEC. 839. REVIEW OF FEDERAL ACQUISITION REGULATIONS ON COMMERCIAL PRODUCTS, COMMERCIAL SERVICES, AND COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS. (a) Review of Determinations Not to Exempt Contracts for Commercial Products, Commercial Services, and Commercially Available Off-the-shelf Items From Certain Laws and Regulations.— Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall— (1) review each determination of the Federal Acquisition Regulatory Council pursuant to section 1906(b)(2), section 1906(c)(3), or section 1907(a)(2) of title 41, United States Code, not to exempt contracts or subcontracts from laws which such contracts and subcontracts would otherwise be exempt from under section 1906(d) of title 41, United States Code; and (2) propose revisions to the Federal Acquisition Regulation to provide an exemption from each law subject to such determination unless the Council determines that there is a specific reason not to provide the exemptions pursuant to section 1906 of such title or the Administrator for Federal Procurement Policy determines there is a specific reason not to provide the exemption pursuant to section 1907 of such title. (b) Review of Certain Contract Clause Requirements Applicable to Commercial Products and Commercial Services Contracts.— Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall— (1) review the Federal Acquisition Regulation to assess all regulations that require a specific contract clause for a contract using commercial product or commercial services acquisition procedures under part 12 of the Federal Acquisition Regulation, except for regulations required by law or Executive order; and (2) propose revisions to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Federal Acquisition Regulatory Council determines on a case-by-case basis that there is a specific reason not to eliminate the regulation. (c) Elimination of Certain Contract Clause Regulations Applicable to Commercially Available Off-the-shelf Item Subcontracts.— Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall— (1) review the Federal Acquisition Regulation to assess all regulations that require a prime contractor to include a specific contract clause in a subcontract for commercially available off-the-shelf items unless the inclusion of such clause is required by law or Executive order; and (2) propose revisions to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Federal Acquisition Regulatory Council determines on a case-by-case basis that there is a specific reason not to eliminate the regulation. (d) Report to Congress.— (1) Requirement.— Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall submit to the committees listed in paragraph (2) a report on the results of the reviews under this section. (2) Committees listed.— The committees listed in this paragraph are the following: (A) The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate. (B) The Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives. Subtitle E— Industrial Base Matters SEC. 841. REPORT ON LIMITED SOURCING OF SPECIFIC COMPONENTS FOR NAVAL VESSELS. (a) Report Required.— Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report that provides, for the components described in subsection (b), a market survey, a cost assessment, national security considerations, and a recommendation regarding whether competition for the procurement of the components should be limited to sources in the national technology and industrial base (as defined in section 2500 of title 10, United States Code). (b) Components.— The components described in this subsection are the following: (1) Naval vessel components listed in section 2534(a)(3) of title 10, United States Code. (2) The following components for auxiliary ships: (A) Auxiliary equipment, including pumps. (B) Propulsion system components, including engines, reduction gears, and propellers. (C) Shipboard cranes. (D) Spreaders for shipboard cranes. SEC. 842. REMOVAL OF NATIONAL INTEREST DETERMINATION REQUIREMENTS FOR CERTAIN ENTITIES. (a) In General.— Effective October 1, 2020, a covered NTIB entity operating under a special security agreement pursuant to the National Industrial Security Program shall not be required to obtain a national interest determination as a condition for access to proscribed information. (b) Acceleration Authorized.— Notwithstanding the effective date of this section, the Secretary of Defense, in consultation with the Director of the Information Security Oversight Office, may waive the requirement to obtain a national interest determination for a covered NTIB entity operating under such a special security agreement that has— (1) a demonstrated successful record of compliance with the National Industrial Security Program; and (2) previously been approved for access to proscribed information. (c) Definitions.— In this section: (1) Covered ntib entity.— The term “covered NTIB entity” means a person that is a subsidiary located in the United States— (A) for which the ultimate parent company and any intermediate parent companies of such subsidiary are located in a country that is part of the national technology and industrial base (as defined in section 2500 of title 10, United States Code); and (B) that is subject to the foreign ownership, control, or influence requirements of the National Industrial Security Program. (2) Proscribed information.— The term “proscribed information” means information that is— (A) classified at the level of top secret; (B) communications security information (excluding controlled cryptographic items when un-keyed or utilized with unclassified keys); (C) restricted data (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)); (D) special access program information under section 4.3 of Executive Order No. 13526 (75 Fed. Reg. 707; 50 U.S.C. 3161 note) or successor order; or (E) designated as sensitive compartmented information. SEC. 843. PILOT PROGRAM TO TEST MACHINE-VISION TECHNOLOGIES TO DETERMINE THE AUTHENTICITY AND SECURITY OF MICROELECTRONIC PARTS IN WEAPON SYSTEMS. (a) Pilot Program Authorized.— The Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, shall establish a pilot program to test the feasibility and reliability of using machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems. (b) Objectives of Pilot Program.— The Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, shall design any pilot program conducted under this section to determine the following: (1) The effectiveness and technology readiness level of machine-vision technologies to determine the authenticity of microelectronic parts at the time of the creation of such part through final insertion of such part into weapon systems. (2) The best method of incorporating machine-vision technologies into the process of developing, transporting, and inserting microelectronics into weapon systems. (3) The rules, regulations, or processes that hinder the development and incorporation of machine-vision technologies, and the application of such rules, regulations, or processes to mitigate counterfeit microelectronics proliferation throughout the Department of Defense. (c) Consultation.— To develop the pilot program under this section, the Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, may consult with the following entities: (1) Manufacturers of semiconductors or electronics. (2) Industry associations relating to semiconductors or electronics. (3) Original equipment manufacturers of products for the Department of Defense. (4) Nontraditional defense contractors (as defined in section 2302(9) of title 10, United States Code) that are machine vision companies. (5) Federal laboratories (as defined in section 2500(5) of title 10, United States Code). (6) Other elements of the Department of Defense that fall under the authority of the Undersecretary of Defense for Research and Engineering. (d) Commencement and Duration.— The pilot program established under this section shall be established not later than April 1, 2019, and all activities under such pilot program shall terminate not later than December 31, 2020. SEC. 844. LIMITATION ON CERTAIN PROCUREMENTS APPLICATION PROCESS. (a) In General.— Section 2534 of title 10, United States Code, is amended by adding at the end the following new subsections: “(k) Limitation on Certain Procurements Application Process.— “(1) In general.— The Secretary of Defense shall administer a process to analyze and assess potential items for consideration to be required to be procured from a manufacturer that is part of the national technology and industrial base. “(2) Elements.— The application process required under paragraph (1) shall include the following elements: “(A) The Secretary shall designate an official within the Office of the Secretary of Defense responsible for administration of the limitation on certain procurements application process and associated policy. “(B) A person or organization that meets the definition of national technology and industrial base under section 2500(1) of this title shall have the opportunity to apply for status as an item required to be procured from a manufacturer that is part of the national technology and industrial base. The application shall include, at a minimum, the following information: “(i) Information demonstrating the applicant meets the criteria of a manufacturer in the national technology and industrial base under section 2500(1) of this title. “(ii) For each item the applicant seeks to be required to be procured from a manufacturer that is part of the national technology and industrial base, the applicant shall include the following information: “(I) The extent to which such item has commercial applications. “(II) The number of such items to be procured by current programs of record. “(III) The criticality of such item to a military unit’s mission accomplishment. “(IV) The estimated cost and other considerations of reconstituting the manufacturing capability of such item, if not maintained in the national technology and industrial base. “(V) National security regulations or restrictions imposed on such item that may not be imposed on a non-national technology and industrial base competitor. “(VI) Non-national security-related Federal, State, and local government regulations imposed on such item that may not be imposed on a non-national technology and industrial base competitor. “(VII) The extent to which such item is fielded in current programs of record. “(VIII) The extent to which cost and pricing data for such item has been deemed fair and reasonable. “(3) Consideration of applications.— “(A) Responsibility of designated official.— The official designated pursuant to paragraph (2)(A) shall be responsible for providing complete applications submitted pursuant to this subsection to the appropriate component acquisition executive for consideration not later than 15 days after receipt of such application. “(B) Review.— Not later than 120 days after receiving a complete application, the component acquisition executive shall review such application, make a determination, and return the application to the official designated pursuant to paragraph (2)(A). “(C) Elements of determination.— The determination required under subparagraph (B) shall, for each item proposed pursuant to paragraph (2)(B)(ii)— “(i) recommend inclusion under this section; “(ii) recommend inclusion under this section with further modifications; or “(iii) not recommend inclusion under this section. “(D) Justification.— The determination required under subparagraph (B) shall also include the rationale and justification for the determination. “(4) Recommendations for legislation.— For applications recommended under subsection (3), the official designated pursuant to paragraph (2)(A) shall be responsible for preparing a legislative proposal for consideration by the Secretary.” . (b) Effective Date.— 10 USC 2534 note. This section and the amendments made by this section shall take effect one year after the date of the enactment of this Act. SEC. 845. REPORT ON DEFENSE ELECTRONICS INDUSTRIAL BASE. (a) In General.— Not later than January 31, 2019, the Secretary of Defense, in consultation with the Executive Agent for Printed Circuit Board and Interconnect Technology and the Director of the Office of Management and Budget, shall submit to Congress a report examining the health of the defense electronics industrial base, including analog and passive electronic parts, substrates, printed boards, assemblies, connectors, cabling, and related areas, both domestically and within the national technology and industrial base. (b) Elements.— The report required under subsection (a) shall include the following elements: (1) An examination of current and planned partnerships with the commercial industry. (2) Analysis of the current and future defense electronics industrial base. (3) Threat assessment related to system security. (4) An assessment of the health of the engineering and production workforce. (5) A description of the electronics supply chain requirements of defense systems integral to meeting the goals of the 2018 National Defense Strategy. (6) Recommended actions to address areas deemed deficient or vulnerable, and a plan to formalize long-term resourcing for the Executive Agent. (7) Any other areas matters determined relevant by the Secretary. SEC. 846. SUPPORT FOR DEFENSE MANUFACTURING COMMUNITIES TO SUPPORT THE DEFENSE INDUSTRIAL BASE. (a) Program Authorized.— (1) In general.— The Secretary of Defense may, in coordination with the Secretary of Commerce and working in coordination with the defense manufacturing institutes, establish within the Department of Defense a program to make long-term investments in critical skills, facilities, research and development, and small business support in order to strengthen the national security innovation base by designating and supporting consortiums as defense manufacturing communities. (2) Designation.— The program authorized by this section shall be known as the “Defense Manufacturing Community Support Program” (in this section referred to as the “Program”). (b) Designation of Defense Manufacturing Communities Complementary to Defense Manufacturing Institutes.— (1) In general.— The Secretary of Defense may designate eligible consortiums as defense manufacturing communities through a competitive process, and in coordination with the defense manufacturing institutes. (2) Eligible consortiums.— The Secretary may establish eligibility criteria for a consortium to participate in the Program. In developing such criteria, the Secretary may consider the merits of— (A) including members from academia, defense industry, commercial industry, and State and local government organizations; (B) supporting efforts in geographical regions that have capabilities in key technologies or industrial base supply chains that are determined critical to national security; (C) optimal consortium composition and size to promote effectiveness, collaboration, and efficiency; and (D) complementarity with defense manufacturing institutes. (3) Duration.— Each designation under paragraph (1) shall be for a period of five years. (4) Renewal.— (A) In general.— The Secretary may renew a designation made under paragraph (1) for up to two additional two-year periods. Any designation as a defense manufacturing community or renewal of such designation that is in effect before the date of the enactment of this Act shall count toward the limit set forth in this subparagraph. (B) Evaluation for renewal.— The Secretary shall establish criteria for the renewal of a consortium. In establishing such criteria, the Secretary may consider— (i) the performance of the consortium in meeting the established goals of the Program; (ii) the progress the consortium has made with respect to project-specific metrics, particularly with respect to those metrics that were designed to help communities track their own progress; (iii) whether any changes to the composition of the eligible consortium or revisions of the plan for the consortium would improve the capabilities of the defense industrial base; (iv) the effectiveness of coordination with defense manufacturing institutes; and (v) such other criteria as the Secretary considers appropriate. (5) Application for designation.— An eligible consortium seeking a designation under paragraph (1) shall submit an application to the Secretary at such time and in such manner as the Secretary may require. In developing such procedures, the Secretary may consider the inclusion of— (A) a description of the regional boundaries of the consortium, and the defense manufacturing capacity of the region; (B) an evidence-based plan for enhancing the defense industrial base through the efforts of the consortium; (C) the investments the consortium proposes and the strategy of the consortium to address gaps in the defense industrial base; (D) a description of the outcome-based metrics, benchmarks, and milestones that will track and the evaluation methods that will be used to gauge performance of the consortium; (E) how the initiatives will complement defense manufacturing institutes; and (F) such other matters as the Secretary considers appropriate. (c) Financial and Technical Assistance.— (1) In general.— Under the Program, the Secretary of Defense may award financial or technical assistance to a member of a consortium designated as a defense manufacturing community under the Program as appropriate for purposes of the Program. (2) Use of funds.— A recipient of financial or technical assistance under the Program may use such financial or technical assistance to support an investment that will improve the defense industrial base. (3) Investments supported.— Investments supported under this subsection may include activities not already provided for by defense manufacturing institutes on— (A) equipment or facility upgrades; (B) workforce training, retraining, or recruitment and retention, including that of women and underrepresented minorities; (C) business incubators; (D) advanced research and commercialization, including with Federal laboratories and depots; (E) supply chain development; and (F) small business assistance. (d) Receipt of Transferred Funds.— The Secretary of Defense may accept amounts transferred to the Secretary from the head of another agency or a State or local governmental organization to carry out this section. SEC. 847. LIMITATION ON PROCUREMENT OF CERTAIN ITEMS FOR T–AO–205 PROGRAM.   Effective during fiscal year 2019, the Secretary of Defense may procure the following items for the T–AO–205 program only if the manufacturer of the item is in the United States: (1) Auxiliary equipment, including pumps, for all shipboard services. (2) Propulsion system components, including engines, reduction gears, and propellers. (3) Shipboard cranes. (4) Spreaders for shipboard cranes. Subtitle F— Small Business Matters SEC. 851. DEPARTMENT OF DEFENSE SMALL BUSINESS STRATEGY. (a) In General.— Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2283. Department of Defense small business strategy “(a) In General.— The Secretary of Defense shall implement a small business strategy for the Department of Defense that meets the requirements of this section. “(b) Unified Management Structure.— As part of the small business strategy described in subsection (a), the Secretary shall ensure that there is a unified management structure within the Department for the functions of the Department relating to— “(1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act); “(2) manufacturing and industrial base policy; and “(3) any procurement technical assistance program established under chapter 142 of this title. “(c) Purpose of Small Business Programs.— The Secretary shall ensure that programs and activities of the Department of Defense related to small business concerns are carried out so as to further national defense programs and priorities and the statements of purpose for Department of Defense acquisition set forth in section 801 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449). “(d) Points of Entry Into Defense Market.— The Secretary shall ensure— “(1) that opportunities for small business concerns to contract with the Department of Defense are identified clearly; and “(2) that small business concerns are able to have access to program managers, contracting officers, and other persons using the products or services of such concern to the extent necessary to inform such persons of emerging and existing capabilities of such concerns. “(e) Enhanced Outreach Under Procurement Technical Assistance Program Market.— The Secretary shall enable and promote activities to provide coordinated outreach to small business concerns through any procurement technical assistance program established under chapter 142 of this title to facilitate small business contracting with the Department of Defense.” . (b) Implementation.— (1) Deadline.— The Secretary of Defense shall develop the small business strategy required by section 2283 of title 10, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. (2) Notice to congress and publication.— Upon completion of the development of the small business strategy pursuant to paragraph (1), the Secretary shall— (A) transmit the strategy to Congress; and (B) publish the strategy on a public website of the Department of Defense. (c) Clerical Amendment.— The table of sections at the beginning of such chapter 10 USC prec. 2281. is amended by adding at the end the following new item: “2283. Department of Defense small business strategy.”. SEC. 852. PROMPT PAYMENTS OF SMALL BUSINESS CONTRACTORS.   Section 2307(a) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking “The head of any agency may—” and inserting “(1) The head of any agency may”; and (3) by adding at the end the following new paragraph: “(2) (A) For a prime contractor (as defined in section 8701 of title 41) that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), the Secretary of Defense shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if a specific payment date is not established by contract. “(B) For a prime contractor that subcontracts with a small business concern, the Secretary of Defense shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if— “(i) a specific payment date is not established by contract; and “(ii) the prime contractor agrees to make payments to the subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.” . SEC. 853. INCREASED PARTICIPATION IN THE SMALL BUSINESS ADMINISTRATION MICROLOAN PROGRAM. (a) Definitions.— In this section: (1) The term “intermediary” has the meaning given that term in section 7(m)(11) of the Small Business Act (15 U.S.C. 636(m)(11)). (2) The term “microloan program” means the program established under section 7(m) of the Small Business Act (15 U.S.C. 636(m)). (b) Microloan Intermediary Lending Limit Increased.— Section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) is amended by striking “$5,000,000” and inserting “$6,000,000”. (c) SBA Study of Microenterprise Participation.— Not later than one year after the date of the enactment of this section, the Administrator of the Small Business Administration shall conduct a study and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on— (1) the operations (including services provided, structure, size, and area of operation) of a representative sample of— (A) intermediaries that are eligible to participate in the microloan program and that do participate; and (B) intermediaries that are eligible to participate in the microloan program and that do not participate; (2) the reasons why eligible intermediaries described in paragraph (1)(B) choose not to participate in the microloan program; (3) recommendations on how to encourage increased participation in the microloan program by eligible intermediaries described in paragraph (1)(B); and (4) recommendations on how to decrease the costs associated with participation in the microloan program for eligible intermediaries. (d) GAO Study on Microloan Intermediary Practices.— Not later than one year after the date of the enactment of this section, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report evaluating— (1) oversight of the microloan program by the Small Business Administration, including oversight of intermediaries participating in the microloan program; and (2) the specific processes used by the Small Business Administration to ensure— (A) compliance by intermediaries participating in the microloan program; and (B) the overall performance of the microloan program. SEC. 854. AMENDMENTS TO SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM. (a) Extension of Pilot Programs.— Section 9 of the Small Business Act (15 U.S.C. 638) is amended— (1) in subsection (cc), by striking “2017” and inserting “2022”; (2) in subsection (gg)(7), by striking “2017” and inserting “2022”; (3) in subsection (jj)— (A) in paragraph (4)(A), by striking “3” and inserting “4”; and (B) in paragraph (7), by striking “2017” and inserting “2022”; (4) in subsection (mm)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking “2017” and inserting “2022”; (ii) in subparagraph (I), by striking “and” at the end; (iii) in subparagraph (J), by striking the period at the end and inserting “; and”; and (iv) by adding at the end the following: “(K) funding for improvements that increase commonality across data systems, reduce redundancy, and improve data oversight and accuracy.” ; and (5) by adding at the end the following: “(tt) Outstanding Reports and Evaluations.— “(1) In general.— Not later than March 30, 2019, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Science, Space, and Technology of the House of Representatives— “(A) each report, evaluation, or analysis, as applicable, described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C), (gg)(6), (jj)(6), and (mm)(6); and “(B) metrics regarding, and an evaluation of, the authority provided to the National Institutes of Health, the Department of Defense, and the Department of Education under subsection (cc). “(2) Information required.— Not later than December 31, 2018, the head of each agency that is responsible for carrying out a provision described in subparagraph (A) or (B) of paragraph (1) shall submit to the Administrator any information that is necessary for the Administrator to carry out the responsibilities of the Administrator under that paragraph.” . (b) Accelerating SBIR and STTR Awards.— Section 9 of the Small Business Act (15 U.S.C. 638) is amended— (1) in subsection (hh)— (A) by striking “Federal agencies” and inserting the following: “(1) In general.— Federal agencies” ; (B) in paragraph (1), as so designated, by striking “attempt to”; and (C) by adding at the end the following: “(2) Pilot program to accelerate department of defense sbir and sttr awards.— “(A) In general.— Not later than 1 year after the date of enactment of this paragraph, the Under Secretary of Defense for Research and Engineering, acting through the Director of Defense Procurement and Acquisition Policy of the Department of Defense, shall establish a pilot program to reduce the time for awards under the SBIR and STTR programs of the Department of Defense, under which the Department of Defense shall— “(i) develop simplified and standardized procedures and model contracts throughout the Department of Defense for Phase I, Phase II, and Phase III SBIR awards; “(ii) for Phase I SBIR and STTR awards, reduce the amount of time between solicitation closure and award; “(iii) for Phase II SBIR and STTR awards, reduce the amount of time between the end of a Phase I award and the start of the Phase II award; “(iv) for Phase II SBIR and STTR awards that skip Phase I, reduce the amount of time between solicitation closure and award; “(v) for sequential Phase II SBIR and STTR awards, reduce the amount of time between Phase II awards; and “(vi) reduce the award times described in clauses (ii), (iii), (iv), and (v) to be as close to 90 days as possible. “(B) Consultation.— In carrying out the pilot program under subparagraph (A), the Director of Defense Procurement and Acquisition Policy of the Department of Defense shall consult with the Director of the Office of Small Business Programs of the Department of Defense. “(C) Termination.— The pilot program under subparagraph (A) shall terminate on September 30, 2022.” ; and (2) in subsection (ii)— (A) by striking “Federal agencies” and inserting the following: “(1) In general.— Federal agencies” ; and (B) by adding at the end the following: “(2) Comptroller general reports.— The Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Armed Services of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Armed Services of the House of Representatives— “(A) not later than 1 year after the date of enactment of this paragraph, and every year thereafter for 3 years, a report that— “(i) provides the average and median amount of time that each component of the Department of Defense with an SBIR or STTR program takes to review and make a final decision on proposals submitted under the program; and “(ii) compares that average and median amount of time with that of other Federal agencies participating in the SBIR or STTR program; and “(B) not later than December 5, 2021, a report that— “(i) includes the information described in subparagraph (A); “(ii) assesses where each Federal agency participating in the SBIR or STTR program needs improvement with respect to the proposal review and award times under the program; “(iii) identifies best practices for shortening the proposal review and award times under the SBIR and STTR programs, including the pros and cons of using contracts compared to grants; and “(iv) analyzes the efficacy of the pilot program established under subsection (hh)(2).” . (c) Improvements to Technical and Business Assistance.— (1) In general.— Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is amended— (A) in the subsection heading, by inserting “and Business” after “Technical”; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking “a vendor selected under paragraph (2)” and inserting “1 or more vendors selected under paragraph (2)(A)”; (II) by inserting “and business” before “assistance services”; and (III) by inserting “assistance with product sales, intellectual property protections, market research, market validation, and development of regulatory plans and manufacturing plans,” after “technologies,”; and (ii) in subparagraph (D), by inserting “, including intellectual property protections” before the period at the end; (C) in paragraph (2)— (i) in the first sentence, by striking “Each agency may select a vendor to assist small business concerns to meet” and inserting the following: “(A) In general.— Each agency may select 1 or more vendors from which small business concerns may obtain assistance in meeting” ; and (ii) by adding at the end the following: “(B) Selection by small business concern.— A small business concern may, by contract or otherwise, select 1 or more vendors to assist the small business concern in meeting the goals listed in paragraph (1).” ; and (D) in paragraph (3)— (i) by inserting “(A)” after “paragraph (2)” each place that term appears; (ii) in subparagraph (A), by striking “$5,000 per year” each place that term appears and inserting “$6,500 per year”; (iii) in subparagraph (B)— (I) by striking “$5,000 per year” each place that term appears and inserting “$50,000 per project”; and (II) in clause (ii), by striking “which shall be in addition to the amount of the recipient’s award” and inserting “which may, as determined appropriate by the head of the Federal agency, be included as part of the recipient’s award or be in addition to the amount of the recipient’s award”; (iv) in subparagraph (C)— (I) by inserting “or business” after “technical”; (II) by striking “the vendor” and inserting “a vendor”; and (III) by adding at the end the following: “Business-related services aimed at improving the commercialization success of a small business concern may be obtained from an entity, such as a public or private organization or an agency of or other entity established or funded by a State that facilitates or accelerates the commercialization of technologies or assists in the creation and growth of private enterprises that are commercializing technology.”; (v) in subparagraph (D)— (I) by inserting “or business” after “technical” each place that term appears; and (II) in clause (i), by striking “the vendor” and inserting “1 or more vendors”; and (vi) by adding at the end the following: “(E) Multiple award recipients.— The Administrator shall establish a limit on the amount of technical and business assistance services that may be received or purchased under subparagraph (B) by a small business concern that has received multiple Phase II SBIR or STTR awards for a fiscal year.” ; and (E) by adding at the end the following: “(4) Annual reporting.— “(A) In general.— A small business concern that receives technical or business assistance from a vendor under this subsection during a fiscal year shall submit to the Federal agency contracting with the vendor a description of the technical or business assistance provided and the benefits and results of the technical or business assistance provided. “(B) Use of existing reporting mechanism.— The information required under subparagraph (A) shall be collected by a Federal agency as part of a report required to be submitted by small business concerns engaged in SBIR or STTR projects of the Federal agency for which the requirement was in effect on the date of enactment of this paragraph.” . (2) Review.— Not later than the end of fiscal year 2019, the Administrator of the Small Business Administration shall— (A) conduct a survey of vendors providing technical or business assistance under section 9(q) of the Small Business Act (15 U.S.C. 638(q)), as amended by paragraph (1), and small business concerns receiving the technical or business assistance; and (B) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report reviewing the efficacy of the provision of the technical or business assistance. SEC. 855. CONSTRUCTION CONTRACT ADMINISTRATION.   Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection: “(w) Solicitation Notice Regarding Administration of Change Orders for Construction.— “(1) In general.— With respect to any solicitation for the award of a contract for construction anticipated to be awarded to a small business concern, the agency administering such contract shall provide a notice along with the solicitation to prospective bidders and offerors that includes— “(A) information about the agency’s policies or practices in complying with the requirements of the Federal Acquisition Regulation relating to the timely definitization of requests for an equitable adjustment; and “(B) information about the agency’s past performance in definitizing requests for equitable adjustments in accordance with paragraph (2). “(2) Requirements for agencies.— An agency shall provide the past performance information described under paragraph (1)(B) as follows: “(A) For the 3-year period preceding the issuance of the notice, to the extent such information is available. “(B) With respect to an agency that, on the date of the enactment of this subsection, has not compiled the information described under paragraph (1)(B)— “(i) beginning 1 year after the date of the enactment of this subsection, for the 1-year period preceding the issuance of the notice; “(ii) beginning 2 years after the date of the enactment of this subsection, for the 2-year period preceding the issuance of the notice; and “(iii) beginning 3 years after the date of the enactment of this subsection and each year thereafter, for the 3-year period preceding the issuance of the notice. “(3) Format of past performance information.— In the notice required under paragraph (1), the agency shall ensure that the past performance information described under paragraph (1)(B) is set forth separately for each definitization action that was completed during the following periods: “(A) Not more than 30 days after receipt of a request for an equitable adjustment. “(B) Not more than 60 days after receipt of a request for an equitable adjustment. “(C) Not more than 90 days after receipt of a request for an equitable adjustment. “(D) Not more than 180 days after receipt of a request for an equitable adjustment. “(E) Not more than 365 days after receipt of a request for an equitable adjustment. “(F) More than 365 days after receipt of a request for an equitable adjustment. “(G) After the completion of the performance of the contract through a contract modification addressing all undefinitized requests for an equitable adjustment received during the term of the contract.” . SEC. 856. COMPTROLLER GENERAL STUDY OF IMPACT OF BROADBAND SPEED AND PRICE ON SMALL BUSINESSES. (a) Study Required.— Subject to appropriations, the Comptroller General of the United States shall conduct a study evaluating the impact of broadband speed and price on small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)). (b) Report.— Not later than three years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives a report on the results of the study under subsection (a), including— (1) a survey of broadband speeds available to small business concerns; (2) a survey of the cost of broadband speeds available to small business concerns; (3) a survey of the type of broadband technology used by small business concerns; and (4) any policy recommendations that may improve the access of small business concerns to comparable broadband services at comparable rates in all regions of the United States. SEC. 857. CONSOLIDATED BUDGET DISPLAY FOR THE DEPARTMENT OF DEFENSE SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM. (a) Budget Display Submission.— The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall include in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for each fiscal year (as submitted to Congress under section 1105 of title 31, United States Code), a budget display for the funds assessed for the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as such terms are defined, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e))) of the Department of Defense during the previous fiscal year. (b) Budget Display Requirements.— The budget display under subsection (a) shall include— (1) for funds assessed, the amount obligated and expended, by appropriation and functional area, for the Small Business Innovation Research Program or the Small Business Technology Transfer Program; (2) information, by military department and other awarding organizations, on Phase I, II, and III awards; (3) to the extent practicable, specific processes, products, technologies, or services that were transitioned to acquisition programs of record, or other follow-on contracts; and (4) an estimate of the Small Business Innovation Research Program and the Small Business Technology Transfer Program funding to be assessed during the period covered by the current future-years defense program (as defined under section 221 of title 10, United States Code). (c) First Submission.— The first budget display under subsection (a) shall be included with the budget for the President for fiscal year 2020. (d) Congressional Committees.— The budget display under subsection (a) shall be submitted to the congressional defense committees, with copies provided to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives. (e) Termination.— The requirements of this section shall terminate on December 31, 2022. (f) Rule of Construction.— Nothing in this section shall be construed to modify or otherwise affect the requirement to expend amounts for the Small Business Innovation Research Program and the Small Business Technology Transfer Program of the Department of Defense under subsections (f) and (n) of section 9 of the Small Business Act (15 U.S.C. 638). SEC. 858. FUNDING FOR PROCUREMENT TECHNICAL ASSISTANCE PROGRAM. (a) Amount of Assistance From Secretary.— Section 2413(b) of title 10, United States Code, is amended— (1) by striking “not more than 65 percent” and inserting “not more than 75 percent”; and (2) in paragraph (1), by striking “more than 65 percent, but not more than 75 percent” and inserting “more than 75 percent, but not more than 85 percent”. (b) Funding for Eligible Entities.— Section 2414(a) of such title is amended— (1) in paragraph (1), by striking “$750,000” and inserting “$1,000,000”; (2) in paragraph (2), by striking “$450,000” and inserting “$750,000”; (3) in paragraph (3), by striking “$300,000” and inserting “$450,000”; and (4) in paragraph (4), by striking “$750,000” and inserting “$1,000,000”. SEC. 859. AUTHORIZATION FOR PAYMENT OF CERTAIN COSTS RELATING TO PROCUREMENT TECHNICAL ASSISTANCE CENTERS. (a) Authorization to Pay Costs Relating to Meetings of Eligible Entities.— Section 2417 of title 10, United States Code, is amended— (1) in the heading, by inserting “and other” after “Administrative”; (2) by striking “chapter, an amount” and inserting “chapter— “(1) an amount” ; (3) by striking the period at the end and inserting “; and”; and (4) by adding at the end the following new paragraph: “(2) an amount determined appropriate by the Director to assist eligible entities in payment of costs of eligible entities — “(A) for meetings to discuss best practices for the improvement of the operations of procurement technical assistance centers; and “(B) for membership dues for any association of such centers created by eligible entities, training fees and associated travel for training to carry out the purposes of this chapter, and voluntary participation on any committees or board of such an association.” . (b) Briefing.— Not later than six months after the date of the enactment of this Act, the Director of the Defense Logistics Agency shall brief the congressional defense committees on the recognition or lack of recognition by the Department of Defense of procurement technical assistance center associations and the rationale for the recognition or lack of recognition, including a discussion of whether the Department needs authority to recognize such associations. SEC. 860. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM.   Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following new subsection: “(uu) Commercialization Assistance Pilot Programs.— “(1) Pilot programs implemented.— “(A) In general.— Except as provided in subparagraph (B), not later than one year after the date of the enactment of this subsection, a covered agency shall implement a commercialization assistance pilot program, under which an eligible entity may receive a subsequent Phase II SBIR award. “(B) Exception.— If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, such covered agency shall not be required to implement a commercialization assistance pilot program under this subsection. “(2) Percent of agency funds.— The head of each covered agency may allocate not more than 5 percent of the funds allocated to the SBIR program of the covered agency for the purpose of making a subsequent Phase II SBIR award under the commercialization assistance pilot program. “(3) Termination.— A commercialization assistance pilot program established under this subsection shall terminate on September 30, 2022. “(4) Application.— To be selected to receive a subsequent Phase II SBIR award under a commercialization assistance pilot program, an eligible entity shall submit to the covered agency implementing such pilot program an application at such time, in such manner, and containing such information as the covered agency may require, including— “(A) an updated Phase II commercialization plan; and “(B) the source and amount of the matching funding required under paragraph (5). “(5) Matching funding.— “(A) In general.— The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving such award) equal to the amount of such award be provided from an eligible third-party investor. “(B) Ineligible sources.— An eligible entity may not use funding from ineligible sources to meet the matching requirement of subparagraph (A). “(6) Award.— A subsequent Phase II SBIR award made to an eligible entity under this subsection— “(A) may not exceed the limitation described under subsection (aa)(1); and “(B) shall be disbursed during Phase II. “(7) Use of funds.— The funds awarded to an eligible entity under this subsection may only be used for research and development activities that build on eligible entity’s Phase II program and ensure the research funded under such Phase II is rapidly progressing towards commercialization. “(8) Selection.— In selecting eligible entities to participate in a commercialization assistance pilot program under this subsection, the head of a covered agency shall consider— “(A) the extent to which such award could aid the eligible entity in commercializing the research funded under the eligible entity’s Phase II program; “(B) whether the updated Phase II commercialization plan submitted under paragraph (4) provides a sound approach for establishing technical feasibility that could lead to commercialization of such research; “(C) whether the proposed activities to be conducted under such updated Phase II commercialization plan further improve the likelihood that such research will provide societal benefits; “(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a subsequent Phase II SBIR award; “(E) the expectations of the eligible third-party investor that provides matching funding under paragraph (5); and “(F) the likelihood that the proposed activities to be conducted under such updated Phase II commercialization plan using matching funding provided by such eligible third-party investor will lead to commercial and societal benefit. “(9) Evaluation report.— Not later than 6 years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate, a report including— “(A) a summary of the activities of commercialization assistance pilot programs carried out under this subsection; “(B) a detailed compilation of results achieved by such commercialization assistance pilot programs, including the number of eligible entities that received awards under such programs; “(C) the rate at which each eligible entity that received a subsequent Phase II SBIR award under this subsection commercialized research of the recipient; “(D) the growth in employment and revenue of eligible entities that is attributable to participation in a commercialization assistance pilot program; “(E) a comparison of commercialization success of eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase II SBIR award under subsection (ff); “(F) demographic information, such as ethnicity and geographic location, of eligible entities participating in a commercialization assistance pilot program; “(G) an accounting of the funds used at each covered agency that implements a commercialization assistance pilot program under this subsection; “(H) the amount of matching funding provided by eligible third-party investors, set forth separately by source of funding; “(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each covered agency; and “(J) recommendations for improvements to the commercialization assistance pilot program. “(10) Definitions.— For purposes of this subsection: “(A) Covered agency.— The term ‘covered agency’ means a Federal agency required to have an SBIR program. “(B) Eligible entity.— The term ‘eligible entity’ means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award. “(C) Eligible third-party investor.— The term ‘eligible third-party investor’ means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof. “(D) Ineligible sources.— The term ‘ineligible sources’ means the following: “(i) The eligible entity’s internal research and development funds. “(ii) Funding in forms other than cash, such as in-kind or other intangible assets. “(iii) Funding from the owners of the eligible entity, or the family members or affiliates of such owners. “(iv) Funding attained through loans or other forms of debt obligations. “(E) Subsequent phase ii sbir award.— The term ‘subsequent Phase II SBIR award’ means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program.” . SEC. 861. PUERTO RICO BUSINESSES. (a) Definition of Puerto Rico Business.— Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection: “(ee) Puerto Rico Business.— In this Act, the term ‘Puerto Rico business’ means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.” . (b) Small Business Credit for Puerto Rico Businesses.— Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection: “(x) Small Business Credit for Puerto Rico Businesses.— “(1) Credit for meeting contracting goals.— If an agency awards a prime contract to Puerto Rico business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period. “(2) Report.— Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.” . (c) Priority for Surplus Property Transfers.— Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by adding at the end the following new clause: “(iii) (I) In this clause, the term ‘covered period’ means the period beginning on the date of enactment of this clause and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates. “(II) The Administrator may transfer technology or surplus property under clause (i) to a Puerto Rico business if the Puerto Rico business meets the requirements for such a transfer, without regard to whether the Puerto Rico business is a Program Participant.” . (d) Contracting Incentives for Protege Firms That Are Puerto Rico Businesses.— (1) In general.— Section 45(a) of the Small Business Act (15 U.S.C. 657r(a)) is amended by adding at the end the following new paragraph: “(3) Puerto rico businesses.— During the period beginning on the date of enactment of this paragraph and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including— “(A) positive consideration in any past performance evaluation of the covered mentor; and “(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor.” . (2) Definitions.— Section 45(d) of the Small Business Act (15 U.S.C. 657r(d)) is amended by adding at the end the following new paragraphs: “(4) Covered mentor.— The term ‘covered mentor’ means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege. “(5) Covered protege.— The term ‘covered protege’ means a protege of a covered mentor that is a Puerto Rico business.” . (e) Additional Mentor-Protege Relationships for Protege Firms That Are Puerto Rico Businesses.— Section 45(b)(3)(A) of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by inserting “, except that such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships are between a covered protege and covered mentor” after “each participant”. SEC. 862. OPPORTUNITIES FOR EMPLOYEE-OWNED BUSINESS CONCERNS THROUGH SMALL BUSINESS ADMINISTRATION LOAN PROGRAMS. (a) Definitions.— In this Act— (1) the terms “Administration” and “Administrator” means the Small Business Administration and the Administrator thereof, respectively; (2) the term “cooperative” means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulations; (3) the term “employee-owned business concern” means— (A) a cooperative; and (B) a qualified employee trust; (4) the terms “qualified employee trust” and “small business concern” have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632); and (5) the term “small business development center” means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648). (b) Expansion of 7(a) Loans.— (1) In general.— Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended— (A) in paragraph (15)— (i) in subparagraph (A)— (I) by striking “this subsection to qualified employee trusts” and inserting “this subsection— “(i) to qualified employee trusts” ; (II) in clause (i), as so designated— (aa) by inserting “, and for any transaction costs associated with purchasing,” after “purchasing”; (bb) by striking the period at the end and inserting “; and”; and (III) by adding at the end the following: “(ii) to a small business concern under a plan approved by the Administrator, if the proceeds from the loan are only used to make a loan to a qualified employee trust, and for any transaction costs associated with making that loan, that results in the qualified employee trust owning at least 51 percent of the small business concern.” ; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by inserting “or by the small business concern” after “the trustee of such trust”; (II) in clause (ii), by striking “and” at the end; (III) in clause (iii), by striking the period at the end and inserting “, and”; and (IV) by adding at the end the following: “(iv) with respect to a loan made to a trust, or to a cooperative in accordance with paragraph (35)— “(I) a seller of the small business concern may remain involved as an officer, director, or key employee of the small business concern when a qualified employee trust or cooperative has acquired 100 percent of ownership of the small business concern; and “(II) any seller of the small business concern who remains as an owner of the small business concern, regardless of the percentage of ownership interest, shall be required to provide a personal guarantee by the Administration.” ; and (iii) by adding at the end the following: “(F) A small business concern that makes a loan to a qualified employee trust under subparagraph (A)(ii) is not required to contain the same terms and conditions as the loan made to the small business concern that is guaranteed by the Administration under such subparagraph. “(G) With respect to a loan made to a qualified employee trust under this paragraph, or to a cooperative in accordance with paragraph (35), the Administrator may, as deemed appropriate, elect to not require any mandatory equity to be provided by the qualified employee trust or cooperative to make the loan.” ; and (B) by adding at the end the following: “(35) Loans to cooperatives.— “(A) Definition.— In this paragraph, the term ‘cooperative’ means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation. “(B) Authority.— The Administration shall guarantee loans made to a cooperative for the purpose described in paragraph (15).” . (2) Delegation of authority to preferred lenders.— Section 5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) is amended by inserting “, including loans guaranteed under paragraph (15) or (35) of section 7(a)” after “deferred participation loans”. (c) Small Business Investment Company Program Outreach.— The Administrator shall provide outreach and educational materials to companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)) to increase the use of funds to make investments in company transitions to employee-owned business concerns. (d) Small Business Microloan Program Outreach.— The Administrator shall provide outreach and educational materials to intermediaries under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) to increase the use of funds to make loans to employee-owned business concerns, including transitions to employee-owned business concerns. (e) Small Business Development Center Outreach and Assistance.— (1) Establishment.— The Administrator shall establish a Small Business Employee Ownership and Cooperatives Promotion Program to offer technical assistance and training on the transition to employee ownership through cooperatives and qualified employee trusts. (2) Small business development centers.— (A) In general.— In carrying out the program established under subsection (a), the Administrator shall enter into agreements with small business development centers under which the centers shall— (i) provide access to information and resources on employee ownership through cooperatives or qualified employee trusts as a business succession strategy; (ii) conduct training and educational activities; and (iii) carry out the activities described in subparagraph (U) of section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)). (B) Additional services.— Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended— (i) in subparagraph (S), by striking “and” at the end; (ii) in subparagraph (T), by striking the period at the end and inserting “; and”; and (iii) by adding at the end the following: “(U) encouraging and assisting the provision of succession planning to small business concerns with a focus on transitioning to cooperatives, as defined in section 7(a)(35), and qualified employee trusts (collectively referred to in this subparagraph as ‘employee-owned business concerns’), including by— “(i) providing training to individuals to promote the successful management, governance, or operation of a business purchased by those individuals in the formation of an employee-owned business concern; “(ii) assisting employee-owned business concerns that meet applicable size standards established under section 3(a) with education and technical assistance with respect to financing and contracting programs administered by the Administration; “(iii) coordinating with lenders on conducting outreach on financing through programs administered by the Administration that may be used to support the transition of ownership to employees; “(iv) supporting small business concerns in exploring or assessing the possibility of transitioning to an employee-owned business concern; and “(v) coordinating with the cooperative development centers of the Department of Agriculture, the land grant extension network, the Manufacturing Extension Partnership, community development financial institutions, employee ownership associations and service providers, and local, regional and national cooperative associations.” . (f) Amendment to Report to Congress on Status of Employee-Owned Firms.— Section 7(a)(15)(E) of the Small Business Act (15 U.S.C. 636(a)(15)(E)) is amended by striking “Administration.” and inserting “Administration, which shall include— “(i) the total number of loans made to employee-owned business concerns that were guaranteed by the Administrator under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), including the number of loans made— “(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and “(II) to cooperatives; “(ii) the total number of financings made to employee-owned business concerns by companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 696(c)), including the number of financings made— “(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and “(II) to cooperatives; and “(iii) any outreach and educational activities conducted by the Administration with respect to employee-owned business concerns.” . (g) Report on Cooperative Lending.— (1) Sense of congress.— It is the sense of Congress that cooperatives have a unique business structure and are unable to access the lending programs of the Administration effectively due to loan guarantee requirements that are incompatible with the business structure of cooperatives. (2) Study and report.— (A) Study.— The Administrator, in coordination with lenders, stakeholders, and Federal agencies, shall study and recommend practical alternatives for cooperatives that will satisfy the loan guarantee requirements of the Administration. (B) Report.— Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed under paragraph (1) and a plan to implement such recommendations. (h) Amendment to Definition of Qualified Employee Trust.— Section 3(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 632(c)(2)(A)(ii)) is amended to read as follows: “(ii) which provides that each participant is entitled to direct the plan trustee as to the manner of how to vote the qualified employer securities (as defined in section 4975(e)(8) of the Internal Revenue Code of 1986), which are allocated to the account of such participant with respect to a corporate matter which (by law or charter) must be decided by a vote conducted in accordance with section 409(e) of the Internal Revenue Code of 1986; and” . Subtitle G— Provisions Related to Software and Technical Data Matters SEC. 865. VALIDATION OF PROPRIETARY AND TECHNICAL DATA.   Section 2321(f) of title 10, United States Code, is amended— (1) by striking “(1) Except as provided in paragraph (2), in” and inserting “In”; and (2) by striking paragraph (2). SEC. 866. CONTINUATION OF TECHNICAL DATA RIGHTS DURING CHALLENGES. (a) Exercise of Rights in Technical Data Before Final Disposition of a Challenge.— Section 2321(i) of title 10, United States Code, is amended— (1) in the subsection heading, by inserting “Prior to and” after “Rights and Liability”; (2) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (3) by inserting before paragraph (2), as so redesignated, the following new paragraph: “(1) Upon filing of a suit or appeal under the contract dispute statute by a contractor or subcontractor in an agency Board of Contract Appeals or United States Claims Court related to a decision made by a contracting officer under subsection (g), the Secretary of Defense, or a Secretary of a military department for programs for which milestone decision authority has been delegated, on a nondelegable basis, may, following notice to the contractor or subcontractor, authorize use of the technical data in dispute if the Secretary determines in writing that compelling mission readiness requirements will not permit awaiting the final decision by the agency Board of Contract Appeals or the United States Claims Court.” . (b) Revision of the Defense Federal Acquisition Regulation Supplement.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement, by interim or final rule, to implement the amendments made by subsection (a). (c) Effective Date.— The amendments made by subsection (a) and the revision required by subsection (b) shall become effective on the date of publication of the interim or final rule (whichever is earlier) required by subsection (b) and shall apply to solicitations issued by Department of Defense contracting activities after that date unless the senior procurement executive of the agency concerned grants a waiver on a case-by-case basis. (d) Guidance on Technical Data Right Negotiation.— The Secretary of Defense shall develop policies on the negotiation of technical data rights for noncommercial software that reflects the Department of Defense’s needs for technical data rights in the event of a protest or replacement of incumbent contractor to meet defense requirements in the most cost effective manner. SEC. 867. REQUIREMENT FOR NEGOTIATION OF TECHNICAL DATA PRICE BEFORE SUSTAINMENT OF MAJOR WEAPON SYSTEMS.   Section 2439 of title 10, United States Code, is amended— (1) by inserting “, to the maximum extent practicable,” after “shall ensure”; (2) by striking “or for the production of a major weapon system” and inserting “production of a major weapon system, or sustainment of a major weapon system”; (3) by striking “or production” and inserting “, production, or sustainment”; and (4) in the heading, by striking “or production” and inserting “, production, or sustainment”. SEC. 868. IMPLEMENTATION OF RECOMMENDATIONS OF THE FINAL REPORT OF THE DEFENSE SCIENCE BOARD TASK FORCE ON THE DESIGN AND ACQUISITION OF SOFTWARE FOR DEFENSE SYSTEMS. (a) Implementation Required.— Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall, except as provided under subsection (b), commence implementation of each recommendation submitted as part of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems. (b) Exceptions.— (1) Delayed implementation.— The Secretary of Defense may commence implementation of a recommendation described under subsection (a) later than the date required under such subsection if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation. (2) Nonimplementation.— The Secretary of Defense may opt not to implement a recommendation described under subsection (a) if the Secretary provides to the congressional defense committees— (A) the reasons for the decision not to implement the recommendation; and (B) a summary of the alternative actions the Secretary plans to take to address the purposes underlying the recommendation. (c) Implementation Plans.— For each recommendation that the Secretary is implementing, or that the Secretary plans to implement, the Secretary shall submit to the congressional defense committees— (1) a summary of actions that have been taken to implement the recommendation; and (2) a schedule, with specific milestones, for completing the implementation of the recommendation. SEC. 869. IMPLEMENTATION OF PILOT PROGRAM TO USE AGILE OR ITERATIVE DEVELOPMENT METHODS REQUIRED UNDER SECTION 873 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018. (a) In General.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall include the following systems in the pilot program to use agile or iterative development methods pursuant to section 873 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note): (1) Defense Retired and Annuitant Pay System 2 (DRAS2), Defense Logistics Agency. (2) Army Integrated Air and Missile Defense (AIAMD), Army. (3) Army Contract Writing System (ACWS), Army. (4) Defense Enterprise Accounting and Management System (DEAMS) Inc2, Air Force. (5) Item Master, Air Force. (b) Additions to List.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall identify three additional systems for participation in the pilot program pursuant to section 873 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note) and notify the congressional defense committees of the additions. (c) Community of Practice Advising on Agile or Iterative Development.— The Under Secretary of Defense for Acquisition and Sustainment shall establish a Community of Practice on agile or iterative methods so that programs that have been incorporating agile or iterative methods can share with programs participating in the pilot the lessons learned, best practices, and recommendations for improvements to acquisition and supporting processes. The Service Acquisition Executives of the military departments shall send representation from the following programs, which have reported using agile or iterative methods: (1) Air and Space Operations Center (AOC). (2) Command Control Battle Management and Communications (C2BMC). (3) The family of Distributed Common Ground Systems. (4) The family of Global Command and Control Systems. (5) Navy Personnel and Pay (NP2). (6) Other programs and activities as appropriate. (d) Report.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall report to the congressional defense committees on the status of the pilot program and each system participating in the pilot. The report shall include the following elements: (1) A description of how cost and schedule estimates in support of the program are being conducted and using what methods. (2) The contracting strategy and types of contracts that will be used in executing the program. (3) A description of how intellectual property ownership issues associated with software applications developed with agile or iterative methods will be addressed to ensure future sustainment, maintenance, and upgrades to software applications after the applications are fielded. (4) A description of the tools and software applications that are expected to be developed for the program and the costs and cost categories associated with each. (5) A description of challenges the program has faced in realigning the program to use agile or iterative methods. (e) Modifications to Pilot Program Selection Criteria.— Section 873(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note) is amended— (1) by inserting “or subsystems” after “In selecting systems”; (2) in clause (i)(II), by striking “; and” and inserting “; or”; and (3) in clause (ii)(II), by striking “; and” and inserting “; or”. SEC. 870. REPORT ON REQUIRING ACCESS TO DIGITAL TECHNICAL DATA IN FUTURE ACQUISITIONS OF COMBAT, COMBAT SERVICE, AND COMBAT SUPPORT SYSTEMS.   Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of requiring access to digital technical data in all future acquisitions by the Department of Defense of combat, combat service, and combat support systems, including front-end negotiations for such access. Such report shall include a digital data standard for technical data for use by equipment manufacturers and the Department with regard to three-dimensional printed parts. Subtitle H— Other Matters SEC. 871. PROHIBITION ON ACQUISITION OF SENSITIVE MATERIALS FROM NON-ALLIED FOREIGN NATIONS. (a) In General.— Subchapter V of chapter 148 of title 10, United States Code, is amended by inserting after section 2533b the following new section: “§ 2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations “(a) In General.— Except as provided in subsection (c), the Secretary of Defense may not— “(1) procure any covered material melted or produced in any covered nation, or any end item that contains a covered material manufactured in any covered nation, except as provided by subsection (c); or “(2) sell any covered material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to— “(A) any covered nation; or “(B) any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation. “(b) Applicability.— Subsection (a) shall apply to prime contracts and subcontracts at any tier. “(c) Exceptions.— Subsection (a) does not apply under the following circumstances: “(1) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price. “(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States for use outside of the United States. “(3) To the purchase by the Secretary of an end item containing a covered material that is— “(A) a commercially available off-the-shelf item (as defined in section 104 of title 41), other than— “(i) a commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or “(ii) a mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component; “(B) an electronic device, unless the Secretary of Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of this title, determines that the domestic availability of a particular electronic device is critical to national security; or “(C) a neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States. “(d) Definitions.— In this section: “(1) Covered material.— The term ‘covered material’ means— “(A) samarium-cobalt magnets; “(B) neodymium-iron-boron magnets; “(C) tungsten metal powder; and “(D) tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy. “(2) Covered nation.— The term ‘covered nation’ means— “(A) the Democratic People’s Republic of North Korea; “(B) the People’s Republic of China; “(C) the Russian Federation; and “(D) the Islamic Republic of Iran. “(3) End item.— The term ‘end item’ has the meaning given in section 2533b(m) of this title.” . (b) Clerical Amendment.— The table of contents at the beginning of such subchapter 10 USC prec. 2531. is amended by inserting after the item relating to section 2533b the following item: “2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations.”. SEC. 872. EXTENSION OF PROHIBITION ON PROVIDING FUNDS TO THE ENEMY.   Section 841(n) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3455; 10 U.S.C. 2302 note) is amended by striking “December 31, 2019” and inserting “December 31, 2021”. SEC. 873. DATA, POLICY, AND REPORTING ON THE USE OF OTHER TRANSACTIONS. (a) Collection and Storage.— The Service Acquisition Executives of the military departments shall collect data on the use of other transactions by their respective departments, and the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment shall collect data on all other use by the Department of Defense of other transactions, including use by the Defense Agencies. The data shall be stored in a manner that allows the Assistant Secretary of Defense for Acquisition and other appropriate officials access at any time. (b) Use of Data.— The Assistant Secretary of Defense for Acquisition shall analyze and leverage the data collected under subsection (a) to update policy and guidance related to the use of other transactions. (c) Report Required.— Not later than December 31, 2018, and each December 31 thereafter through December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report covering the preceding fiscal year on the Department’s use of other transaction authority. Each report shall summarize and display the data collected under subsection (a) on the nature and extent of the use of the authority, including a summary and detail showing— (1) organizations involved, quantities, amounts of payments, and purpose, description, and status of projects; and (2) highlights of successes and challenges using the authority, including case examples. SEC. 874. STANDARDIZATION OF FORMATTING AND PUBLIC ACCESSIBILITY OF DEPARTMENT OF DEFENSE REPORTS TO CONGRESS. (a) Report Formatting Plan Required.— Not later than March 1, 2019, the Secretary of Defense shall provide a plan to the congressional defense committees on activities to standardize the formatting of unclassified Department of Defense reports required by Congress. Such plan shall include— (1) a description of the method for ensuring that reports are created in a platform-independent, machine-readable format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications; and (2) a cost estimate and schedule for implementation of the activities under paragraph (1), with a completion date of not later than March 1, 2020. (b) Online Repository Plan Required.— Not later than March 1, 2019, the Secretary of Defense shall provide a briefing to the congressional defense committees on the feasibility of developing a publically accessible online repository of unclassified reports of the Department of Defense issued since January 1, 2010. Such briefing shall include— (1) protocols for inclusion of unclassified reports that, as determined by the Secretary, may not be appropriate for public release in their entirety; and (2) a cost estimate and schedule for implementation and maintenance of the online repository. SEC. 875. PROMOTION OF THE USE OF GOVERNMENT-WIDE AND OTHER INTERAGENCY CONTRACTS.   Section 865(b)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 31 U.S.C. 1535 note) is amended— (1) by striking “that all interagency acquisitions—” and inserting “that—”; (2) in subparagraph (A)— (A) by inserting “all interagency assisted acquisitions” before “include”; and (B) by inserting “and” after the semicolon; (3) by striking subparagraph (B); and (4) by redesignating subparagraph (C) as subparagraph (B), and in that subparagraph by inserting “all interagency assisted acquisitions” before “include”. SEC. 876. INCREASING COMPETITION AT THE TASK ORDER LEVEL.   Section 3306(c) of title 41, United States Code, is amended— (1) in paragraph (1), by inserting “except as provided in paragraph (3),” in subparagraphs (B) and (C) after the subparagraph designation; and (2) by adding at the end the following new paragraphs: “(3) Exceptions for certain indefinite delivery, indefinite quantity multiple-award contracts and certain federal supply schedule contracts for services acquired on an hourly rate.— If an executive agency issues a solicitation for one or more contracts for services to be acquired on an hourly rate basis under the authority of sections 4103 and 4106 of this title or section 152(3) of this title and section 501(b) of title 40 and the executive agency intends to make a contract award to each qualifying offeror and the contract or contracts will feature individually competed task or delivery orders based on hourly rates— “(A) the contracting officer need not consider price as an evaluation factor for contract award; and “(B) if, pursuant to subparagraph (A), price is not considered as an evaluation factor for contract award, cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to sections 4106(c) and 152(3) of this title of any task or delivery order under any contract resulting from the solicitation. “(4) Definition.— In paragraph (3), the term ‘qualifying offeror’ means an offeror that— “(A) is determined to be a responsible source; “(B) submits a proposal that conforms to the requirements of the solicitation; “(C) meets all technical requirements; and “(D) is otherwise eligible for award.” . SEC. 877. INDIVIDUAL ACQUISITION FOR COMMERCIAL LEASING SERVICES. (a) In General.— For the purpose of section 863 of Public Law 110–417, an individual acquisition for commercial leasing services shall not be construed as a purchase of property or services if such individual acquisition is made on a no cost basis and pursuant to a multiple award contract awarded in accordance with requirements for full and open competition. (b) Audit.— The Comptroller General of the United States shall— (1) conduct biennial audits of the General Services Administration National Broker Contract to determine— (A) whether brokers selected under the program provide lower lease rental rates than rates negotiated by General Services Administration staff; and (B) the impact of the program on the length of time of lease procurements; (2) conduct a review of whether the application of section 863 of Public Law 110–417 to acquisitions for commercial leasing services resulted in rental cost savings for the Government during the years in which such section was applicable prior to the date of enactment of this section; and (3) not later than September 30, 2019, and September 30, 2021, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (A) summarizes the results of the audit and review required by paragraphs (1) and (2); (B) includes an assessment of whether the National Broker Contract provides greater efficiencies and savings than the use of General Services Administration staff; and (C) includes recommendations for improving General Services Administration lease procurements. (c) Termination.— This section shall terminate on December 31, 2022. SEC. 878. PROCUREMENT ADMINISTRATIVE LEAD TIME DEFINITION AND PLAN. (a) In General.— Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall develop, make available for public comment, and finalize— (1) a definition of the term “Procurement administrative lead time” or “PALT”, to be applied Government-wide, that describes the amount of time from the date on which a solicitation for a contract or task order is issued to the date of an initial award of the contract or task order; and (2) a plan for measuring and publicly reporting data on PALT for Federal Government contracts and task orders in amounts greater than the simplified acquisition threshold. (b) Requirement for Definition.— Unless the Administrator determines otherwise, the amount of time in the definition of PALT developed under subsection (a) shall— (1) begin on the date on which an initial solicitation is issued by a Federal department or agency for a contract or task order; and (2) end on the date of the award of the contract or task order. (c) Coordination.— In developing the definition of PALT, the Administrator shall coordinate with— (1) the senior procurement executives of Federal agencies; (2) the Secretary of Defense; and (3) the Administrator of the General Services Administration on modifying the existing data system of the Federal Government to determine the date on which the initial solicitation is issued. (d) Use of Existing Procurement Data System.— In developing the plan for measuring and publicly reporting data on PALT required by subsection (a), the Administrator shall, to the maximum extent practicable, rely on the information contained in the Federal procurement data system established pursuant to section 1122(a)(4) of title 41, United States Code, including any modifications to that system. SEC. 879. BRIEFING ON FUNDING OF PRODUCT SUPPORT STRATEGIES. (a) Briefing Required.— For each of the fiscal years 2020, 2021, and 2022, the Secretary of Defense shall provide an annotated briefing to the congressional defense committees regarding the funding for product support strategies for major weapon systems. (b) Contents.— The briefing shall include for each major weapon system— (1) a current estimate of the total funding required for the product support strategy for specific costs of the weapons system over its expected lifecycle; (2) a current estimate of the funding required for the product support strategy per year over the future years defense program for the specific product support costs of the weapon system; (3) a summary of the funding requested for the product support strategy in the future years defense program per year specifically for the weapon system; (4) a summary of the amounts expended to support costs specific to the weapon system as described in the product support strategy of the weapon system during the prior fiscal year; and (5) a summary of improvements made to data collection and analysis capabilities of the Department of Defense, including in the military services, to improve the analysis and cost estimation of lifecycle costs, improve the analysis and identification of cost drivers, reduce lifecycle cost variance, identify common and shared costs for multiple weapons systems, and isolate the lifecycle costs attributable to specific individual weapons systems. SEC. 880. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS. (a) Statement of Policy.— It shall be the policy of the United States Government to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Government the benefits of cost and technical tradeoffs in the source selection process. (b) Revision of Federal Acquisition Regulation.— Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that, for solicitations issued on or after the date that is 120 days after the date of the enactment of this Act, lowest price technically acceptable source selection criteria are used only in situations in which— (1) an executive agency is able to comprehensively and clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine acceptability of offers; (2) the executive agency would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal; (3) the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror’s proposal versus a competing proposal; (4) the executive agency has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the executive agency; (5) the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; and (6) the executive agency has determined that the lowest price reflects full life-cycle costs, including for operations and support. (c) Avoidance of Use of Lowest Price Technically Acceptable Source Selection Criteria in Certain Procurements.— To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of— (1) information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, health care services and records, telecommunications devices and services, or other knowledge-based professional services; (2) personal protective equipment; or (3) knowledge-based training or logistics services in contingency operations or other operations outside the United States, including in Afghanistan or Iraq. (d) Report Requirement.— Not later than one year after the date of the enactment of this Act, and annually thereafter for two years, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the number of instances in which lowest price technically acceptable source selection criteria is used for a contract exceeding $5,000,000, including an explanation of how the situations listed in subsection (b) were considered in making a determination to use lowest price technically acceptable source selection criteria. (e) Definitions.— In this section: (1) Executive agency.— The term “executive agency” has the meaning given that term in section 102 of title 40, United States Code, except that the term does not include the Department of Defense. (2) Contingency operation.— The term “contingency operation” has the meaning given that term in section 101 of title 10, United States Code. (3) Appropriate congressional committees.— The term “appropriate congressional committees” means the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 881. PERMANENT SUPPLY CHAIN RISK MANAGEMENT AUTHORITY. (a) Permanent Extension of Authority.— (1) In general.— Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2339a. Requirements for information relating to supply chain risk “(a) Authority.— Subject to subsection (b), the head of a covered agency may— “(1) carry out a covered procurement action; and “(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action. “(b) Determination and Notification.— The head of a covered agency may exercise the authority provided in subsection (a) only after— “(1) obtaining a joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense, on the basis of a risk assessment by the Under Secretary of Defense for Intelligence, that there is a significant supply chain risk to a covered system; “(2) making a determination in writing, in unclassified or classified form, with the concurrence of the Under Secretary of Defense for Acquisition and Sustainment, that— “(A) use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk; “(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and “(C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and “(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include— “(A) the information required by section 2304(f)(3) of this title; “(B) the joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense as specified in paragraph (1); “(C) a summary of the risk assessment by the Under Secretary of Defense for Intelligence that serves as the basis for the joint recommendation specified in paragraph (1); and “(D) a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk. “(c) Delegation.— The head of a covered agency may not delegate the authority provided in subsection (a) or the responsibility to make a determination under subsection (b) to an official below the level of the service acquisition executive for the agency concerned. “(d) Limitation on Disclosure.— If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information— “(1) no action undertaken by the agency head under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court; and “(2) the agency head shall— “(A) notify appropriate parties of a covered procurement action and the basis for such action only to the extent necessary to effectuate the covered procurement action; “(B) notify other Department of Defense components or other Federal agencies responsible for procurements that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and “(C) ensure the confidentiality of any such notifications. “(e) Definitions.— In this section: “(1) Head of a covered agency.— The term ‘head of a covered agency’ means each of the following: “(A) The Secretary of Defense. “(B) The Secretary of the Army. “(C) The Secretary of the Navy. “(D) The Secretary of the Air Force. “(2) Covered procurement action.— The term ‘covered procurement action’ means any of the following actions, if the action takes place in the course of conducting a covered procurement: “(A) The exclusion of a source that fails to meet qualification standards established in accordance with the requirements of section 2319 of this title for the purpose of reducing supply chain risk in the acquisition of covered systems. “(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order. “(C) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract. “(3) Covered procurement.— The term ‘covered procurement’ means— “(A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 2305(a)(1)(C)(ii) of this title, or an evaluation factor, as provided in section 2305(a)(2)(A) of this title, relating to supply chain risk; “(B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 2304c(d)(3) of this title, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or “(C) any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk. “(4) Supply chain risk.— The term ‘supply chain risk’ means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system. “(5) Covered system.— The term ‘covered system’ means a national security system, as that term is defined in section 3542(b) of title 44. “(6) Covered item of supply.— The term ‘covered item of supply’ means an item of information technology (as that term is defined in section 11101 of title 40) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system. “(7) Appropriate congressional committees.— The term ‘appropriate congressional committees’ means— “(A) in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and “(B) in the case of a covered system not otherwise included in subparagraph (A), the congressional defense committees.” . (2) Clerical amendment.— The table of sections at the beginning of such chapter 10 USC prec. 2301. is amended by inserting after the item relating to section 2339 the following new item: “2339a. Requirements for information relating to supply chain risk.”. (b) Repeal of Obsolete Authority.— Section 806(g) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2304 note) is hereby repealed. SEC. 882. REVIEW OF MARKET RESEARCH.   Not later than February 1, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Under Secretary of Defense for Research and Engineering, shall review the guidance of the Department of Defense with regard to those portions of the Federal Acquisition Regulation regarding commercially available market research, including sections 10.001(a)(2)(vi) and 10.002(b), and market research practices. The review shall, at a minimum— (1) assess the impact that conducting market research has on the Department’s resources; (2) ensure that commercially available market research is considered among other sources of research, as appropriate, and reviewed prior to developing new requirements documents for an acquisition by the Department; (3) assess the extent to which the legal or regulatory definitions of market research should be made consistent, revised, or expanded; (4) assess the extent to which guidance pertaining to market research should be revised or expanded; and (5) evaluate best practices in market research in public and private organizations, including use of information technologies to support such research. SEC. 883. ESTABLISHMENT OF INTEGRATED REVIEW TEAM ON DEFENSE ACQUISITION INDUSTRY-GOVERNMENT EXCHANGE. (a) Study.— (1) In general.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Business Board to convene an integrated review team (in this section referred to as the “exchange team”) to undertake a study on facilitating the exchange of defense industry personnel on term assignments within the Department of Defense. (2) Member participation.— (A) Defense business board.— The Chairman of the Defense Business Board shall select six members from the membership of the Board to participate on the exchange team, including one member to lead the team. (B) Defense innovation board.— The Chairman of the Defense Innovation Board shall select five appropriate members from the membership of their Board to participate on the exchange team. (C) Defense science board.— The Chairman of the Defense Science Board shall select five appropriate members from the membership of their Board to participate on the exchange team. (D) Required experience.— The Chairmen referred to in subparagraphs (A) through (C) shall ensure that members have significant legislative or regulatory expertise and reflect diverse experiences in the public and private sector. (3) Scope.— The study conducted pursuant to paragraph (1) shall— (A) review legal, ethical, and financial disclosure requirements for industry-government exchanges; (B) review existing or previous industry-government exchange programs such as the Department of State’s Franklin Fellows Program and the Information Technology Exchange Program; (C) review how the military departments address legal, ethical, and financial requirements for members of the reserve components who also maintain civilian employment in the defense industry; (D) produce specific and detailed recommendations for any legislation, including the amendment or repeal of regulations, as well as non-legislative approaches, that the members of the exchange team conducting the study determine necessary to— (i) reduce barriers to industry-government exchange to encourage the flow of acquisition best practices; (ii) ensure continuing financial and ethical integrity; and (iii) protect the best interests of the Department of Defense; and (E) produce such additional recommendations for legislation as the members consider appropriate. (4) Access to information.— The Secretary of Defense shall provide the exchange team with timely access to appropriate information, data, resources, and analysis so that the exchange team may conduct a thorough and independent analysis as required under this subsection. (b) Briefing.— Not later than December 31, 2018, the exchange team shall provide an interim briefing to the congressional defense committees on the study conducted under subsection (a) (c) Final Report.— Not later than March 1, 2019, the exchange team shall submit a final report on the study to the Under Secretary of Defense for Acquisition and Sustainment and the congressional defense committees. SEC. 884. EXCHANGE PROGRAM FOR ACQUISITION WORKFORCE EMPLOYEES. (a) Program Authorized.— The Secretary of Defense shall establish an exchange program under which the Under Secretary of Defense for Acquisition and Sustainment shall arrange for the temporary assignment of civilian personnel in the Department of Defense acquisition workforce. (b) Purposes.— The purposes of the exchange program established pursuant to subsection (a) are— (1) to familiarize personnel from the acquisition workforce with the equities, priorities, processes, culture, and workforce of the acquisition-related defense agencies; (2) to enable participants in the exchange program to return the expertise gained through their exchanges to their original organizations; and (3) to improve communication between and integration of the organizations that support the policy, implementation, and oversight of defense acquisition through lasting relationships. (c) Participants.— (1) Number of participants.— The Under Secretary shall select not less than 10 and no more than 20 participants per year for participation in the exchange program established under subsection (a). (2) Criteria for selection.— The Under Secretary shall select participants for the exchange program established under subsection (a) from among mid-career employees and based on— (A) the qualifications and desire to participate in the program of the employee; and (B) the technical needs and capacities of the acquisition workforce, as applicable. (d) Terms.— Exchanges pursuant to the exchange program established under subsection (a) shall be for terms of one to two years, as determined and negotiated by the Under Secretary. The terms may begin and end on a rolling basis. (e) Guidance and Implementation.— (1) Guidance.— Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall develop and submit to the congressional defense committees interim guidance on the form and contours of the exchange program established under subsection (a). (2) Implementation.— Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall implement the guidance developed under paragraph (1). SEC. 885. PROCESS TO LIMIT FOREIGN ACCESS TO TECHNOLOGY. (a) Process and Procedures.— The Secretary of Defense shall develop a process and procedures for limiting foreign access to technology through contracts, grants, cooperative agreements, or other transactions, when such limitation is in the interest of national security. (b) Report.— Not later than September 1, 2019, the Secretary shall submit to the congressional defense committees a report on the process and procedures developed pursuant to subsection (a). The report shall include the following elements: (1) An assessment of the Department of Defense’s ability through existing authorities to limit foreign access to technology through contracts, grants, cooperative agreements, or other transactions. (2) An assessment of the Department’s need to implement a process to limit foreign access to technology. (3) Recommendations for penalties for violations of access, including intellectual property forfeiture. (c) Considerations.— The process and procedures developed under subsection (a) shall be consistent with all existing law, including laws relating to trade agreements, individual protections, export controls, and the National Technology and Industrial Base (NTIB). SEC. 886. PROCUREMENT OF TELECOMMUNICATIONS SUPPLIES FOR EXPERIMENTAL PURPOSES.   Section 2373(a) of title 10, United States Code, is amended by inserting “telecommunications,” after “space-flight,”. SEC. 887. ACCESS BY DEVELOPMENTAL AND OPERATIONAL TESTING ACTIVITIES TO DATA REGARDING MODELING AND SIMULATION ACTIVITY. (a) In General.— Section 139(e) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(4) The Director shall have prompt access to all data regarding modeling and simulation activity proposed to be used by military departments and defense agencies in support of operational or live fire test and evaluation of military capabilities. This access shall include data associated with verification, validation, and accreditation activities.” . (b) Additional Testing Data.— Developmental Test and Evaluation activities under the leadership of the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment shall have prompt access to all data regarding modeling and simulation activity proposed to be used by military departments and defense agencies in support of developmental test and evaluation of military capabilities. This access shall include data associated with verification, validation, and accreditation activities. SEC. 888. INSTRUCTION ON PILOT PROGRAM REGARDING EMPLOYMENT OF PERSONS WITH DISABILITIES.   Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update the Defense Federal Acquisition Regulatory Supplement to include an instruction on the pilot program regarding employment of persons with disabilities authorized under section 853 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note). SEC. 889. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (a) Prohibition on Use or Procurement.— (1) The head of an executive agency may not— (A) procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (B) enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (2) Nothing in paragraph (1) shall be construed to— (A) prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (B) cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (b) Prohibition on Loan and Grant Funds.— (1) The head of an executive agency may not obligate or expend loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain the equipment, services, or systems described in subsection (a). (2) In implementing the prohibition in paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs, including the heads of the Federal Communications Commission, the Department of Agriculture, the Department of Homeland Security, the Small Business Administration, and the Department of Commerce, shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (3) Nothing in this subsection shall be construed to— (A) prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (B) cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Effective Dates.— The prohibition under subsection (a)(1)(A) shall take effect one year after the date of the enactment of this Act, and the prohibitions under subsections (a)(1)(B) and (b)(1) shall take effect two years after the date of the enactment of this Act. (d) Waiver Authority.— (1) Executive agencies.— The head of an executive agency may, on a one-time basis, waive the requirements under subsection (a) with respect to an entity that requests such a waiver. The waiver may be provided, for a period of not more than two years after the effective dates described in subsection (c), if the entity seeking the waiver— (A) provides a compelling justification for the additional time to implement the requirements under such subsection, as determined by the head of the executive agency; and (B) submits to the head of the executive agency, who shall not later than 30 days thereafter submit to the appropriate congressional committees, a full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the entity’s supply chain and a phase-out plan to eliminate such covered telecommunications or video surveillance equipment or services from the entity’s systems. (2) Director of national intelligence.— The Director of National Intelligence may provide a waiver on a date later than the effective dates described in subsection (c) if the Director determines the waiver is in the national security interests of the United States. (f) Definitions.— In this section: (1) Appropriate congressional committees.— The term “appropriate congressional committees’ ” means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives. (2) Covered foreign country.— The term “covered foreign country” means the People’s Republic of China. (3) Covered telecommunications equipment or services.— The term “covered telecommunications equipment or services” means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (B) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (C) Telecommunications or video surveillance services provided by such entities or using such equipment. (D) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (4) Executive agency.— The term “executive agency” has the meaning given the term in section 133 of title 41, United States Code. SEC. 890. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING PROCESSES. (a) In General.— The Secretary of Defense shall establish a pilot program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50,000,000 by— (1) basing price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense; and (2) reducing the cost and pricing data to be submitted in accordance with section 2306a of title 10, United States Code. (b) Limitation.— The pilot program authorized under subsection (a) may include no more than ten contracts, and none of the selected contracts may be part of a major defense acquisition program (as that term is defined under section 2430 of title 10, United States Code). (c) Report.— Not later than January 30, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the pilot program authorized under subsection (a) and an assessment of whether the program should be continued or expanded. (d) Sunset.— The authority to carry out the pilot program under this section shall expire on January 2, 2021.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

6 of 8 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
934310:1092d.June 30, 1950, ch. 421, § 4, 64 Stat. 305.

The words “If it is determined” are substituted for the words “When upon determination”. The words “within his discretion” are omitted as covered by the word “may”. The words “within the capacity of the Academy”, “from the remaining sources of admission authorized by law”, and “to be admitted in such class” are omitted as surplusage. The words “by the persons named in clauses (1)–(6) of section 9342(a), and clause (2) of section 9342(e), of this title” are substituted for the words “by the Vice President, Members of the Senate and House of Representatives of the United States, Delegates and Resident Commissioners, the Commissioners of the District of Columbia, and the Governor of the Canal Zone”. The words “under any other provision of law” are substituted for the words “from sources authorized by law other than those holding such alternate appointments”.

Editorial Notes

Prior Provisions

Prior sections 9443 to 9445 were renumbered sections 9493 to 9495 of this title, respectively.

Amendments1964–2018 · 6 rounds

2018

Pub. L. 115–232 renumbered section 9343 of this title as this section and substituted “section 9442(a)” for “section 9342(a)”.

2013

Pub. L. 112–239 substituted “paragraphs” for “clauses”.

1990

Pub. L. 101–510, § 532(a)(2), (c)(2), amended section identically, substituting “clauses (2) through (8)” for “clauses (2)–(9)”.

1973

Pub. L. 93–171 substituted “clauses (2)–(9) of section 9342(a)” for “clauses (2)–(8) of section 9342(a)”.

1966

Pub. L. 89–718 substituted “Academy Board” for “Faculty”.

1964

Pub. L. 88–276, among other changes, increased percentage of nominees to be selected from two-thirds to three-fourths, and struck out “as are necessary to meet the needs of the Air Force, but not more than the authorized strength of Air Force cadets” after “the Faculty”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1973 Amendment

For effective date of amendment by Pub. L. 93–171, see section 4 of Pub. L. 93–171, set out as a note under section 7442 of this title.

Number of Alternate Appointees From Congressional Sources Not To Be Reduced Because of Additional Presidential Appointments

Nonreduction of number of appointees from congressional sources under this section because of additional Presidential appointments under section 9342(b) (1) of this title, see section 2 of Pub. L. 89–650, set out as a note under section 7443 of this title.

Credits

1956–2018 · 7 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 564, § 9343
  2. 1964Pub. L. 88–276, § 4(2), , 78 Stat. 153
  3. 1966Pub. L. 89–718, § 46, , 80 Stat. 1121
  4. 1973Pub. L. 93–171, § 3(5), , 87 Stat. 691
  5. 1990Pub. L. 101–510, div. A, title V, § 532(a)(2), (c)(2), , 104 Stat. 1563, 1564
  6. 2013Pub. L. 112–239, div. A, title X, § 1076(f)(43), , 126 Stat. 1955
  7. 2018renumbered § 9443 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(3), 809(a), , 132 Stat. 1832, 1840.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 564, § 9343; Pub. L. 88–276, § 4(2), , 78 Stat. 153; Pub. L. 89–718, § 46, , 80 Stat. 1121; Pub. L. 93–171, § 3(5), , 87 Stat. 691; Pub. L. 101–510, div. A, title V, § 532(a)(2), (c)(2), , 104 Stat. 1563, 1564; Pub. L. 112–239, div. A, title X, § 1076(f)(43), , 126 Stat. 1955; renumbered § 9443 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(3), 809(a), , 132 Stat. 1832, 1840.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s9443