TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE ORDERS.

SEC. 805. TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE ORDERS.(a) In General.—Section 3862 of title 10, United States Code, is amended—(1) in the section heading, by striking “: certification”; (2) by redesignating subsection (c) as subsection (d); (3) by inserting after subsection (b) the following new subsection:“(c) Treatment of Certain Clauses Implementing Executive Orders.—The unilateral insertion of a covered clause into an existing Department of Defense contract, order, or other transaction by a contracting officer shall be treated as a change directed by the contracting officer pursuant to, and subject to, the Changes 136 STAT. 2702 clause of the underlying contract, order, or other transaction.” ; and (4) in subsection (d), as redesignated by paragraph (2)—(A) in the subsection heading, by striking “Definition” and inserting “Definitions”; (B) by striking “section, the term” and inserting the following: “section:“(1) The term” ; and (C) by adding at the end the following new paragraphs:“(2) The term ‘Changes clause’ means the clause described in part 52.243–4 of the Federal Acquisition Regulation or any successor regulation. “(3) The term ‘covered clause’ means any clause implementing the requirements of an Executive order issued by the President.” . (b) Clerical Amendment.—The table of sections at the beginning of chapter 281 of title 10, United States Code, is amended by striking the item relating to section 3862 and inserting the following: “3862. Requests for equitable adjustment or other relief.”. (c) Conforming Regulations.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to implement the requirements of section 3862 of title 10, United States Code, as amended by subsection (a). (d) Conforming Policy Guidance.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise applicable policy guidance on other transactions to implement the requirements of section 3862 of title 10, United States Code, as amended by subsection (a).