Mike D. Rogers
Representative for Alabama · Republican · United States
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(b) Modification of Certain Certifications and Assessments.-- (1) Certifications.--Section 1249(b) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60) is amended-- (A) in the matter preceding paragraph (1), by striking ``The certification described'' and inserting following: ``(1) In general.--Except as prov…”
“(b) Objectives.--The Commander shall ensure that the Cognitive Performance Enhancement Program-- (1) improves readiness, resilience, and recovery, using evidence-based holistic and proactive high-performance brain training that has a validated ability to scale cost- effectively across the special operations forces enterprise; [[Page H4842…”
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Every one of 4,912 lines we hold for Mike D. Rogers, in date order, each linked to its source. Free to read, in full, without an account. Page 25 of 99.
“(e) Duties as Member of Joint Staff.--Section 302 of title 14, United States Code, is amended-- (1) by striking ``The President may'' and inserting the following: ``(a) The President may''; and (2) by adding at the end the following new subsection: ``(b)(1) The Commandant of the Coast Guard shall also perform the duties prescribed for the Commandant as a member of the Joint Chiefs of Staff under section 151 of title 10. ``(2) To the extent that such action does not impair the independence of the Commandant in the performance of the Commandant's duties as a member of the Joint Chiefs of Staff, the Commandant shall inform the Secretary of the department in which the Coast Guard is operating regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting such department.”
“(d) Inclusion on the Joint Staff.--Section 155(a) of such title is amended-- (1) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``(other than the Coast Guard)''; (B) in subparagraph (B), by striking ``and'' at the end; (C) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(D) the Coast Guard.''; and (2) in paragraph (3), by striking ``Secretary of the military department having jurisdiction over that armed force'' and inserting ``Secretary concerned''.”
“(b) Appointment of Chairman; Grade and Rank.--Section 152 of such title is amended-- (1) in subsection (b)(1)(B) by striking ``or the Chief of Space Operations'' and inserting ``the Chief of Space Operations, or the Commandant of the Coast Guard''; and (2) in subsection (c), by striking ``Navy'' and inserting ``Navy or Coast Guard''. (c) Vice Chairman.--Section 154(f) of such title is amended by striking ``Navy'' and inserting ``Navy or Coast Guard''.”
“(b) Responsibility of Under Secretary of Defense for Acquisition and Sustainment.--Section 133b(b) of title 10, United States Code, is amended-- (1) in paragraph (9) by striking ``and'' at the end; (2) in paragraph (10) by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (10) the following new paragraph: ``(11) the responsibility for supervising and directing activities of the Department of Defense relating to export controls.''. SEC. 902. MEMBERSHIP OF COMMANDANT OF THE COAST GUARD ON THE JOINT CHIEFS OF STAFF. (a) Membership on the Joint Chiefs of Staff.--Section 151(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(9) The Commandant of the Coast Guard.''.”
“(e) Limitation on Availability of Funds.--Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Office of the Secretary of Defense for travel expenses, not more than 50 percent may be obligated or expended until the Secretary issues interim implementation instructions as required by subsection (b). TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT SEC. 901. TRANSFER OF RESPONSIBILITY TO SUPERVISE ACTIVITIES OF DEPARTMENT OF DEFENSE RELATING TO EXPORT CONTROLS. (a) Responsibility of Under Secretary of Defense for Policy.--Section 134(b) of title 10, United States Code, is amended-- (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.”
“(d) Implementation Schedule and Briefing.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a briefing that includes-- (1) a list of each Department of Defense Supplement to the Federal Acquisition Regulation case, Defense Acquisition Regulations Council action, class deviation, guidance document, or other implementation action associated with sections 1821 through 1828 of the National Defense Authorization Act for Fiscal Year 2026; (2) the current status of each such action; (3) the expected date for issuance of any proposed rule, interim rule, final rule, class deviation, or guidance document; (4) a description of any legal, policy, or resource impediment to timely implementation; and (5) the actions the Secretary is taking to ensure that implementation of such sections reduces barriers to the participation of nontraditional defense contractors, commercial suppliers, and small businesses in Department of Defense acquisitions.”
“(c) Final Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue final regulations in the Department of Defense Supplement to the Federal Acquisition Regulation necessary to carry out sections 1821 through 1828 of the National Defense Authorization Act for Fiscal Year 2026.”
“(a) Prioritization Required.--The Secretary of Defense shall ensure the Principal Director for Defense Pricing, Contracting, and Acquisition Policy prioritizes the issuance of regulations, guidance, class deviations, or other implementation materials necessary to successfully implement sections 1821 through 1828 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 139 Stat. 1245 et seq.). (b) Interim Implementation.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue, to the extent practicable, interim guidance, class deviations, or other temporary implementation instructions necessary to ensure that the policies reflected in sections 1821 through 1828 of the National Defense Authorization Act for Fiscal Year 2026 are applied pending completion of final regulations.”
“(a) In General.--For each of fiscal years 2027 through 2030, the Secretary of Defense shall conduct an audit of the compliance of the contractors of the Department of Defense with the 7-percent utilization goal for employment of qualified individuals with disabilities by contractors established by the Office of Federal Contract Compliance Programs of the Department of Labor under section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793). (b) Reports.--Not later than 5 months after the end of a fiscal year for which the Secretary of Defense was required to conduct an audit under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the findings of such audit. SEC. 877. EXPEDITED IMPLEMENTATION OF COMMERCIAL ACQUISITION REFORMS.”
“(2) Delayed effective date for assets that enhance combat capability.--The limitation under subsection (a) shall not apply to assets that enhance combat capability for a period of one year following the date of the enactment of this Act. (d) Exemption for Certain Activities.--The limitation under subsection (a) shall not apply if the procurement is for the purposes of intelligence, electronic warfare, or information warfare operations, testing, analysis, and training. SEC. 876. ENSURING DEPARTMENT OF DEFENSE CONTRACTOR COMPLIANCE WITH DISABILITY HIRING GOALS.”
“(b) Waiver Authority.--The Secretary of Defense may waive subsection (a) if the Secretary-- (1) determines that there is no alternative source of photovoltaic cells, modules, or inverters other than from a foreign entity of concern; (2) determines there is no national security risk posed by the use of photovoltaic cells, modules, or inverters manufactured by a foreign entity of concern; and (3) submits a certification of such determination in writing to the congressional defense committees not later than 30 days before entering into a contract described under such subsection. (c) Applicability.-- (1) In general.--Subsection (a) shall not apply to a contract involving any third party financing arrangements, including energy savings contracts and those involving privatized military housing or assets that enhance combat capability.”
“The requirement for briefings under this paragraph shall terminate with the first briefing that occurs after the expiration date under subsection (e). SEC. 875. LIMITATION ON AVAILABILITY OF FUNDS FOR PURCHASE OF PHOTOVOLTAIC CELLS, MODULES, OR INVERTERS FROM FOREIGN ENTITIES OF CONCERN. (a) Limitation.--Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of Defense may be used to enter into a contract for the procurement of photovoltaic cells, modules, or inverters manufactured by a foreign entity of concern (as defined in section 9901(8) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651(8))).”
“(f) Briefings.-- (1) Initial briefing.--Not later than 60 days after the date of the enactment of this Act, the Under Secretary shall provide a briefing to the congressional defense committees outlining the strategy and methodology that will be used to establish the team of experts described in subsection (a) and the strategy and methodology to be used to reduce the backlog described in subsection (a) of open cases related to the DFARS. (2) Progress briefings.--Not later than 30 days after the date of the briefing required by paragraph (1), and at least once in every 30-day period thereafter, the Under Secretary shall provide a briefing to the congressional defense committees on the progress made by the team of experts described in subsection (a) in reducing the backlog described in subsection (a) of open cases related to the DFARS.”
“(d) Funding.--The Under Secretary is authorized to use amounts in the Defense Acquisition Workforce Development Fund for the purpose of [[Page H4831]] paying salaries of members of the team of experts described in subsection (a) for the life of the team. (e) Expiration.--The authority to maintain the team of experts established under section (a) shall expire on the earlier of-- (1) the date on which the Under Secretary determines there is no open case in the backlog described in subsection (a) of open cases related to the DFARS that-- (A) implements a requirement imposed by statute; and (B) has been open for more than 180 days after the date of the enactment of the statute imposing the requirement; or (2) the date that is three years after the date on which the Under Secretary establishes the team of experts described in subsection (a).”
“(2) Civilian personnel.--Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the team of experts described in subsection (a), upon request of the Under Secretary. (3) Highly qualified experts.--The Under Secretary may use the authorities for highly qualified experts under section 9903 of title 5, to hire members of the team of experts described in subsection (a). (4) Contracts.--The Under Secretary may enter into a contract with a private-sector entity for specialized expertise to support the team of experts described in subsection (a). Such entity may be considered a covered Government support contractor, as defined in section 3775(a) of title 10, United States Code.”
“(b) Duties.--The team of experts described in subsection (a) shall be assigned to assist in all aspects of the process described in subsection (a), including drafting proposed and final rules, managing the public comment process, and any other tasks as directed by the Under Secretary. (c) Administration.-- (1) In general.--In order to achieve the purpose set forth in subsection (a), the Under Secretary shall ensure that the team of experts described in subsection (a) has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties described in subsection (b), including in relevant areas of regulatory process, contracting, acquisition, and law. The Under Secretary may use existing authorities to staff the team, including those in paragraphs (2), (3), and (4).”
“(e) Termination.--The pilot program required by subsection (a) shall terminate not later than five years after the date of the enactment of this Act. SEC. 874. ADDRESSING THE BACKLOG OF OPEN CASES RELATED TO THE DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, acting through the Principal Director for Defense Pricing, Contracting, and Acquisition Policy, shall establish a team of experts in acquisition regulations to assist in a process of promulgating and implementing regulations to resolve the backlog of open cases related to the Department of Defense Supplement to the Federal Acquisition Regulation (commonly known as the ``DFARS'').”
“(d) Report to Congress.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter for four years, the Secretary shall submit to the congressional defense committees a report on the status and findings of the pilot program required by subsection (a). (2) Elements.--Each report required by paragraph (1) shall include-- (A) a summary of the progress made under the pilot program required by subsection (a) with respect to recovery and processing of antimony and copper; (B) technical and economic assessments with respect to such recovery; and (C) recommendations for expanding domestic antimony and copper production and reducing dependency on foreign sources of antimony and copper.”
“(b) Elements.--The pilot program required by subsection (a) shall include methods-- (1) to evaluate multiple processes and techniques for recovery of antimony and copper as byproducts of mineral production; (2) to develop process design plans necessary for scaling recovery of antimony and copper to demonstration-level production; (3) to generate sample material for independent testing to verify suitability for defense applications; and (4) to produce qualified antimony material that meets specifications provided by the Defense Logistics Agency. (c) Contracting Authority.--The Secretary may enter into contracts, cooperative agreements, or other transactions with appropriate entities to implement the pilot program required by subsection (a).”
“(f) Definition.--In this section, the term ``intermediate- range'' means having a range between 3,000 and 5,500 kilometers. SEC. 873. PILOT PROGRAM FOR DOMESTIC ANTIMONY AND COPPER PRODUCTION FOR DEFENSE APPLICATIONS. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to support the recovery of antimony and copper as byproducts of mineral production in the United States.”
“(d) Coordination With Joint Force Requirements.--Pathways tailored under this section shall align with joint force operational needs for intermediate-range fires, including complementary employment with existing capabilities such as hypersonic systems, cruise missiles, and other precision fires. (e) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide a briefing to the congressional defense committees detailing-- (1) the acquisition pathways tailored under this section; (2) the capabilities prioritized; (3) anticipated timelines for prototype demonstration and initial limited operational capability; and (4) a recommended funding profile for fiscal years 2027 through 2031.”
“(9) Software.--The Secretary shall consider establishing software test and digital engineering infrastructure approaches based on commercial best practices that software- in-the-loop and hardware-in-the-loop test infrastructure to enable continuous validation of autonomy and mission software and integration. (c) Portfolio Alignment.--The Secretary shall determine whether such capabilities are best pursued as-- (1) a new start program within the fires portfolio; (2) an expansion or modification of an existing effort; or (3) an Army-wide cross-portfolio initiative under the authority of the Portolio Acquisition Executive.”
“(7) Co-production arrangements.--The Secretary may consider co-production arrangements with trusted allies and partners to establish secondary production lines, subject to applicable technology security and foreign disclosure requirements and provided that such arrangements do not undermine required rights and deliverables for modular system interfaces and government integration. (8) Autonomous or semi-autonomous weapon systems.--The Secretary shall ensure that any autonomous or semi-autonomous weapon system is developed, verified, validated, tested, and fielded consistent with Department of Defense policy on autonomy in weapon systems, including appropriate levels of human judgment over the use of force, rigorous verification and validation, and realistic developmental and operational test and evaluation.”
“(4) Integration.--The Secretary shall ensure integration across stakeholders and may formalize partnerships between and among the Army, the Defense Innovation Unit, and the Office of the Under Secretary of Defense for Acquisition and Sustainment to accelerate capability integration. (5) Mitigation of risks.--The Secretary shall identify and mitigate long-lead risks, including test range access, airworthiness and safety certification processes, and supply- chain constraints associated with intermediate-range attritable munitions. (6) Transition considerations.--The Secretary shall consider funding and resource needs, requirements, and opportunities to transition evolving prototypes into programs of record or enduring portfolio elements, including strategies for transitioning from research, development, test, and evaluation to procurement.”
“(F) a deployment system capacity, power needs, and integration with existing logistics and fires platforms; (G) demonstrated producibility and scalable manufacturing, including identification of achievable monthly and annual production rates and the constraints to scaling; and (H) commercial off-the-shelf components and manufacturing processes to reduce cost and enable production at scale. (3) Authorities.--To the greatest extent practicable, the pathways tailored under subsection (a) shall leverage existing, alternative acquisition authorities and pathways, such as other transaction authority, rapid prototyping and rapid fielding pathways, middle tier acquisition pathways, and any new or modified acquisition methods available to the Army and identified by the Portfolio Acquisition Executive.”
“(2) Capabilities.--The characteristics of the capabilities referred to in paragraph (1) may include-- (A) operational ranges relevant to combatant command requirements; (B) low-cost munitions and the associated deployment and launch system, payloads, autonomy software, and associated support; (C) autonomy solutions and collaborative mission software enabling resilience to operate in denied, degraded, intermittent, and limited communications and Global Positioning System-denied environments; (D) interoperability and iterative characteristics that enable incremental development and field-swappable payloads and support competition for upgrades, sustainment, and follow-on production; (E) ability for deployment and operations with minimal specialized infrastructure, including in austere environments.”
“(a) Tailored Pathways.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, acting through the Army Portfolio Acquisition Executive for Fires (the ``Portolio Acquisition Executive''), shall tailor and employ existing acquisition pathways to accelerate the development, testing, evaluation, and procurement of non- traditional intermediate-range fires capabilities, including affordable intermediate-range one-way attack munitions. (b) Elements.-- (1) In general.--The pathways tailored under subsection (a) shall enable rapid development, testing, evaluation, and procurement of intermediate-range, affordable, attritable, and autonomous fires capabilities outside of traditional, legacy munitions.”
“Such a determination shall be provided to the applicant not later than 14 days after such applicant submits such Source Approval Request, along with a request from the Expedited Qualification Panel for any additional information needed from the application to complete the expedited qualification process. SEC. 872. TAILORED ACQUISITION PATHWAYS FOR NON-TRADITIONAL INTERMEDIATE-RANGE FIRES CAPABILITIES.”
“(c) Expedited Qualification.-- (1) Acceptance of certification.--Except as provided in paragraph (2), an Expedited Qualification Panel established under subsection (f) of such section 865 shall accept a certification [[Page H4830]] made under subsection (b) as the full engineering evaluation necessary for the review of a Source Approval Request by the Expedited Qualification Panel. (2) Additional evaluation.--An Expedited Qualification Panel may determine in writing that additional engineering evaluation of a Source Approval Request is required based on safety or mission criticality, novelty, or complexity of the item.”
“(b) Applicability.--The pathway established by subsection (a) shall apply in cases where-- (1) a qualified engineering designee has certified in writing that the engineering data included in the applicable Source Approval Request, including the technical data package, conforms to the applicable technical data package or reverse engineering standards; and (2) the applicant, or the relevant majority-owned manufacturing subsidiary of such applicant, holds a current AS9100 Rev D certification (or successor standard) issued by an accredited third-party certification body.”
“Upon making such a determination, the Secretary concerned shall submit to the congressional defense committees a written notification of the determination, including a detailed explanation of the security concerns and the reasons why those concerns cannot feasibly be addressed by redaction or other means.''. Subtitle E--Other Matters SEC. 871. ENHANCEMENT TO DEFENSE SUPPLY CHAIN RESILIENCE AND SECONDARY SOURCE QUALIFICATION. (a) Streamlined Acceptance.--In implementing section 865 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159; 10 U.S.C. 4811 note), the Secretary of Defense shall establish a pathway to streamline and consolidate the approval authority of the process established under such section for applications for Source Approval Requests submitted by the manufacturer of record for such capability.”
“``(2) The report required by this subsection shall be submitted in unclassified form, but may include a classified annex. ``(3) For each report, the Secretary concerned shall make a summary of the report publicly available on an appropriate website of the Department of Defense not later than 60 days after the date on which it is submitted to the congressional defense committees unless the Secretary concerned, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, determines that it is not feasible to make a summary publicly available due to classification or other security concerns.”
“``(C) For a covered system which has been declared to meet initial operational capability, and that for two consecutive calendar years has failed to meet established materiel readiness objectives for materiel availability or operational availability (as such terms are defined, respectively, in section 118 of this title), such report shall include-- ``(i) an identification of factors contributing to such failure; and ``(ii) a corrective action plan described in subsection (c), including any updates to a previously submitted corrective action plan. ``(D) A summary of actions taken by the Secretary to ensure that each covered system of the military department under the jurisdiction of the Secretary meets the applicable operational readiness requirements and materiel readiness objectives in the most cost-effective manner practicable.”
“``(d) Submission to Congress.--(1) Not later than five days after the date on which the budget of the President is submitted to Congress pursuant to section 1105 of title 31, each Secretary concerned, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes the following: ``(A) Findings from the assessments required by subsection (a). ``(B) A description of how such assessments informed the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future- years defense program required by section 221 of this title.”
“``(3)(A) The Secretary concerned shall consider seeking assistance from the Intellectual Property Ombudsman (established in accordance with section 3792 of this title) in developing and implementing the corrective action plan if questions or disputes arise involving intellectual property acquired or licensed (or proposed to be acquired or licensed) by the Department for a major weapon system or critical readiness item of supply assessed under subsection (a), including questions or disputes involving rights and obligations relating to the delivery of, or access to, such intellectual property. ``(B) If such questions or disputes are not resolved through assistance from the Intellectual Property Ombudsman, the Secretary concerned shall consider submitting a written request for expert mediation in accordance with section 3792a of this title.”
“``(2) In developing and executing the corrective action plan, the Secretary concerned shall, to the maximum extent practicable, first seek to resolve any identified deficiencies through existing contractual and statutory authorities, including-- ``(A) authorities described in subchapter I of chapter 275 of this title, to exercise an option, modify an existing contract or agreement, or enter into negotiations with a covered contractor for a covered system, including-- ``(i) providing the covered contractor with the opportunity to submit an alternative corrective action plan to identify, qualify and secure other sources for the required parts, services, software, and intellectual property; and ``(ii) entering into another contract or agreement, or modifying an existing contract or agreement, with the covered contractor to create, develop, and validate technical instructions and procedures; or ``(B) the use of alternative sources, including advanced manufacturing, reverse engineering, re-engineering, or fabrication of parts by Government personnel or covered Government support contractors (as defined in section 3775 of this title).”
“``(c) Corrective Action Plan.--(1) Upon completion of a root cause analysis under subsection (b), the Secretary concerned shall develop and maintain a corrective action plan to address deficiencies identified by such analysis.”
“``(b) Analysis of Deficiencies.--For any major weapon system or critical readiness item of supply that fails to meet the requirements and objectives described in subsection (a), the Secretary concerned shall evaluate the applicable life-cycle sustainment plan (in accordance with section 4324 of this title) or other sustainment plan, as appropriate. If the Secretary concerned determines such a plan does not effectively meet the requirements and objectives at an affordable cost, the Secretary shall conduct a root cause analysis to determine the reasons and to identify the specific parts, services, software, and corresponding intellectual property required to meet the requirements and objectives.”
“(2) The term ``portfolio acquisition executive'' has the meaning given in section 1732 of title 10, United States Code. (3) The term ``covered Government support contractor'' has the meaning given in section 3775 of title 10, United States Code. SEC. 867. PRIORITIZING MAINTENANCE, REPAIR, AND OVERHAUL FOR READINESS. Section 4323 of title 10, United States Code, is amended to read as follows: ``Sec. 4323. Continuous sustainment review and analysis ``(a) Review Required.--The Secretary of Defense shall require each Secretary concerned to conduct an assessment, updated not less frequently than annually, of the performance of each major weapon system and each critical readiness item of supply against established operational readiness requirements and the materiel readiness objectives under section 118(c) of this title.”
“(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate an update on the assessment required by subsection (a). (d) Rule of Construction.--Nothing in this section shall preclude the Secretary of Defense from establishing a pay-to- print program before the submission of the report required in subsection (c). (e) Definitions.--In this section: (1) The term ``pay-to-print'' means a business approach where the customer pays a fee to access the original equipment manufacturer's digital design file for the purpose of printing a physical product using additive manufacturing processes.”
“(b) Elements.--In conducting the assessment required by subsection (a), the Secretary of Defense shall-- (1) identify such parts included in a program, project, or activity in a portfolio assigned under the leadership of a portfolio acquisition executive that could be produced by Government personnel or covered Government support contractors via additive manufacturing processes; (2) review technical standards, qualification processes, design templates, contracting methods, and policies and determine if any changes are necessary to ensure the feasibility of establishing the Pay-to-Print Program; (3) review methods of data access and methods to track the use of the data for the Pay-to-Print Program, and identify any lessons learned or best practices that could be implemented for the Pay-to-Print Program; (4) identify funding authorities and mechanisms necessary to establish the Pay-to-Print program; and (5) identify any other considerations for the implementation of the Pay-to-Print Program, as determined by the Secretary.”
“(a) Assessment.--The Secretary of Defense shall assess the feasibility and utility of establishing a Department of Defense-wide program to be known as the ``Pay-to-Print Program'' for the purposes of-- (1) increasing the availability of parts in any supply chains of a weapon system of the Department of Defense; (2) reducing manufacturing time or costs of such parts; and (3) increasing the ability to rapidly scale production of such parts.”
“(d) Responsibilities of Product Support Managers.--Section 1733(d) of title 10, United States Code, is amended-- (1) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; (2) by redesignating the second paragraph (3) (relating to ``Adopting predictive analytics'') as paragraph (4); and (3) by adding at the end the following new paragraph: ``(11) Maximizing the qualification, approval, integration, and adoption of advanced technologies and processes.''. SEC. 866. ASSESSMENT OF A PAY-TO-PRINT PROGRAM.”
“[[Page H4829]] (c) Responsibilities of Portfolio Acquisition Executives.-- Section 1732(c) of title 10, United States Code, is amended-- (1) in paragraph (7), by striking ``and'' at the end; (2) in paragraph (8), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) establish incentives for effective use by contractors of software-enabled solutions that expand the collection of decision-quality data to reduce unanticipated growth work during maintenance cycles or expedite the construction or procurement of capabilities.''.”
“(b) Life-cycle Sustainment Planning by Product Support Managers.--Section 4324(b)(2) of title 10, United States Code, is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: ``(F) maximize software-enabled solutions that reduce unanticipated growth work during maintenance cycles; and ``(G) maximize the use of consumption-based solutions as described in section 3605 of this title.''.”
“SOFTWARE ACCOUNTABILITY IMPROVEMENTS OVER LIFECYCLES. (a) Software Sustainment Framework.--Section 4324(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(G) A software sustainment framework that-- ``(i) defines metrics for software-enabled elements, including patch currency, vulnerability remediation timelines, and version lifecycle status; and ``(ii) provides for periodic review of such metrics.''.”
“(b) Long-term Technical Data Needs.--Section 3774 of title 10, United States Code, is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) include in any contract solicitation for such a system or subsystem requirements relating to technical data and license rights necessary for sustainment of the system or subsystem.''; and (2) in subsection (b)-- (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5) respectively; and (B) by inserting after paragraph (1) the following: ``(2) be developed in accordance with the intellectual property management plan described in section 4324(b)(1)(D) of this title.''. SEC. 865.”
“(a) Intellectual Property Management Plan.--Section 4324(b)(1)(D) of title 10, United States Code, is amended to read as follows: ``(D) An intellectual property management plan for product support developed in accordance with section 3774 of this title, including-- ``(i) requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title); ``(ii) a method to obtain technical data and license rights necessary for maintenance, repair, and overhaul of the covered system before the Milestone B approval (or equivalent approval); and ``(iii) a method to satisfy all other aspects of sustainment for the covered system before the Milestone C approval (or equivalent approval) in accordance with the product support strategy described in subparagraph (A).''.”
“(2) Recommendations.--The report required by paragraph (1) shall also include recommendations by the Under Secretary to address any gaps in statute, regulation, or policy that undermine the Department's ability to access technical data necessary for maintenance and sustainment, asserting existing rights, or protecting interests in intellectual property, and any other recommendations the Under Secretary considers appropriate. SEC. 863. EXPANSION OF REVERSE ENGINEERING AUTHORITY FOR PROTOTYPE PROJECTS. Subsection (f)(5)(B) of section 4022 of title 10, United States Code, as redesignated by section 823, is amended by striking ``to address obsolescence''. SEC. 864. CLARIFICATIONS TO SUSTAINMENT PLANNING REQUIREMENTS FOR COVERED SYSTEMS.”
“(c) Annual Report.-- (1) In general.--Not later than March 1, 2028, and each of the next five years thereafter, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees an annual report on the effectiveness of the Intellectual Property Ombudsman established under section 3792 of title 10, United States Code, as inserted by this Act, and the mediation process established under section 3792a of title 10, United States Code, as inserted by this Act, on-- (A) encouraging prime contractors and subcontractors of the Department of Defense to quickly and equitably resolve disputes with the Department concerning intellectual property in order to address critical operational readiness issues; (B) encouraging contractors to leverage privately-funded innovation and offer their full range of relevant technologies when competing for and performing defense contracts; (C) improving clarity for both Department and contractor personnel regarding rights in technical data, computer software, and computer software documentation during the procurement process; (D) resolving data rights disputes more rapidly and collaboratively than through litigation, while protecting contractors' legitimate investments in privately funded innovation; and (E) expeditiously addressing the Department's national security, sustainment, and competitive procurement needs.”