Sec. 102. Modifications to current defense acquisition requirements

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Section 11101 of title 40, United States Code, is amended by striking paragraph

(2)and inserting the following: The term executive agency means— an executive department specified in section 101 of title 5, other than the Department of Defense; an independent establishment as defined in section 104(1) of title 5; and a wholly owned Government corporation fully subject to chapter 91 of title 31. . Title 10, United States Code, is amended— in section 2222— by striking subsections

(e)through (g); and by redesignating subsections

(h)and

(i)as subsections

(e)and (f), respectively; and in subsection (f), as redesignated by subparagraph

(B)by striking paragraphs (9), (10), and (11); in section 3012(3)(B), by striking lowest overall cost alternative and inserting best value ; in section 3069— in subsection (a), by striking if that head of an agency and all that follows through a complete end item ; by striking subsections

(b)through (d); and by redesignating subsection

(e)as subsection (b); in section 3204— in subsection (a)— by redesignating paragraphs

(2)through

(7)as paragraphs

(3)through (8), respectively; by inserting after paragraph (1), the following: market research indicates that the property or service needed by the agency provides differentiated capabilities, accelerated delivery schedules, or continuous improvements; . by striking subsections (b), (c), (d), and (g); by redesignating subsections

(e)and

(f)as subsections

(b)and (c), respectively; in subsection (b), as redesignated by subparagraph (C)— in paragraph (1)— in subparagraph (A), by striking and certifies the accuracy and completeness of the justification and inserting in a manner that provides an accurate and complete justification ; and in subparagraph (B)— by striking $10,000,000 each place it appears and inserting $100,000,000 ; in clause (i), by striking $500,000 and inserting $10,000,000 ; and in clause (iii), by striking $75,000,000 and inserting $500,000,000 ; in paragraph (3), by striking by subsection (a)(2) and inserting by paragraphs

(3)or (4)(A) of subsection

(a); and in paragraph (4)— in subparagraph (C), by striking subsection (a)(7) and inserting subsection (a)(8) ; and in subparagraph (E), by striking subsection (a)(4) and inserting subsection (a)(5) ; and in paragraph

(1)of subsection (c), as redesignated by subparagraph (C)— in subparagraph (A), by striking subsection (e)(1) and inserting subsection (b)(1) ; and in subparagraph (B), by striking subsection (a)(2) and inserting subsection (a)(3) ; in section 3226— in subsection (a), by striking and other program purposes conducted pursuant to subsection (b)(6) of such section ; and by striking subsection (d); in section 3243(d)— by striking paragraph (2); by redesignating paragraph

(3)as paragraph (2); and in paragraph (1)(B), by striking subject to paragraph (2), ; in section 3374, by inserting with significant contract financing after undefinitized contractual action each place it appears.; in section 3601(c)(3)— in subparagraph (A), by striking Subject to subparagraph (C), in any and inserting In any ; in subparagraph (B), by striking acquire capability and all that follows through $50,000,000 during any fiscal year and inserting acquire capability in an amount aggregating not more than $3,000,000,000 ; and by striking subparagraph (C); in section 3703— in subsection (a)(1)(A), by striking that results in at least two or more responsive and viable competing bids ; in subsection (c), by striking or 5 percent and inserting or 25 percent ; and in subsection (f), by striking under subsection (a)(1) from such requirement and inserting from such requirement under paragraphs

(1)or

(2)of subsection

(a); in section 3705— by striking subsection (b); and by redesignating subsection

(c)as subsection (b); by amending section 3774 to read as follows: The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system. ; in the table of sections for subchapter I of chapter 275, by striking the item relating to section 3774 and inserting the following new item: 3774. Preference for specially negotiated licenses. ; in section 3805(c), by striking 15 percent and inserting 50 percent ; in section 4201— in subsection (a)(2)— in subparagraph (A), by striking $300,000,000 (based on fiscal year 1990 constant dollars) and inserting $1,000,000,000 (based on fiscal year 2024 constant dollars) ; and

(ii)in subparagraph (B), by striking $1,800,000,000 (based on fiscal year 1990 constant dollars) and inserting $5,000,000,000 (based on fiscal year 2024 constant dollars) ; and in subsection (b), by adding at the end the following: An acquisition program for a defense software program as described by section 800 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note). ; in section 4202(a)(2)— by striking subparagraph (B); and redesignating subparagraphs

(C)and

(D)as subparagraphs

(B)and (C), respectively; in section 4882, by striking the President, through the head of any department each place it appears and inserting the Secretary of Defense ; in section 4884, by striking The President and inserting The Secretary of Defense ; and in section 8683— in subsection (a)— in paragraph (1), by striking

(1)Appropriations and inserting Appropriations ; and by striking paragraph (2); and in subsection (c), by striking $10,000,000 and inserting $50,000,000 . Section 229(c)(2)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 10 U.S.C. 3601 note) is amended by striking $100,000,000 and inserting $300,000,000 . Section 890 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. note prec. 3701) is amended— in subsection (b)(2), by striking minimal reporting and inserting no unique reporting ; and

(B)by striking subsection (d). Section 873 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3702 note) is amended— in subsection (a)— by striking valued at less than $7,500,000 ; and by striking pursuant to and all that follows through Transfer Program, ; in subsection (b), by striking pursuant to and all that follows through Research Program, ; by striking subsections

(c)and (f); and by redesignating subsections (d), (e), and

(g)as subsection (c), (d), and (e), respectively.

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Sec. 102

Modifications to current defense acquisition requirements

Pub. L.Public Law 116-92

U.S.C.§ 4571