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 60 of 99.
“Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2727) is amended-- (1) in paragraph (3)(A) by inserting ``, including any recommendations that the Comptroller General considers appropriate'' before the period at the end; and (2) in subsection (c)(5) by striking ``the date that is 5 years after the date of the enactment of this Act'' and inserting ``the date that is 12 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027''. SEC. 1807. REQUIREMENTS RELATED TO DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS. (a) In General.--Section 818(c)(3) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C.”
“4651 note prec.) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) Certifications.-- ``(1) In general.--The Secretary of Defense shall submit to the congressional defense committees a written certification-- ``(A) not later than June 30, 2027, that implementation of the strategy required by this section has begun; and ``(B) not later than January 1, 2030, that the strategy required by this section has eliminated the reliance of the Department on any covered nation to acquire computer displays.''. SEC. 1806. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS AND REPORTS ON COMPLIANCE WITH PROCUREMENT REQUIREMENTS RELATING TO RARE EARTH ELEMENTS AND STRATEGIC AND CRITICAL MATERIALS. Section 857(c) of the James M.”
“(j) Technical and Conforming Changes.--Subchapter III of chapter 13 of title 41, United States Code, is amended-- (1) in the table of sections for the subchapter by adding after the item related to section 1327 the following: ``1328. Additional provisions.''; and (2) by striking ``of this title'' each place the term appears. SEC. 1805. MODIFICATIONS TO STRATEGY TO ELIMINATE SOURCING OF COMPUTER DISPLAYS FROM CERTAIN NATIONS. Section 835 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 10 U.S.C.”
“(2) Performance of duties.--The Secretary shall ensure that the officials designated-- (A) regularly participate in the activities of the Council; (B) ensure that any information requested by the Council from the agency represented by the such official or officials is provided to the Council in a timely manner; and (C) establish procedures to ensure that Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, the Chair of the Joint Requirements Oversight Council, the Assistant Secretary of Defense for Industrial Base [[Page H4879]] Policy, and other appropriate personnel of the Department of Defense are informed of the activities of the Council in a timely manner.”
“Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263) is amended by inserting before the period at the end the following: ``and the Federal Acquisition Security Council Program Office established under section 1323(b)(2) of title 41, United States Code''. (i) Implementation by the Department of Defense.-- (1) Notification.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a notification of the designation of the officials of the Department of Defense who shall serve on the Council in accordance with clause (b)(1)(C)(ii) of section 1322 of title 41, United States.”
“``(c) Statutorily Designated Covered Article Defined.--The term `statutorily designated covered article' pursuant to section 1321(5)-- ``(1) means a vehicle or a mechanical device commonly known as an `unmanned ground vehicle system' that-- ``(A) is capable of locomotion, navigation, or movement on the ground; and ``(B) operates at a distance from one or more operators or supervisors based on commands or in response to sensor data, or through any combination thereof; and ``(2) includes-- ``(A) humanoid robots, mobile robotics, remote surveillance vehicles, and autonomous patrol technologies; and ``(B) the vehicle, its payload, and any external device used to control the vehicle.''. (h) Reallocating Existing Resources.--Section 5949(l)(1) of the James M.”
“``(b) Update to Regulations.--The Federal Acquisition Security Council shall update, not later than two years after the date of the enactment of this section, any regulations of the Council as necessary.”
“(g) Additional Provisions.--Section 1328 of title 41, United States Code, is amended to read as follows: ``Sec. 1328. Additional provisions ``(a) Compliance With Existing Prohibitions.--In implementing this subchapter, the Council shall coordinate, as applicable and practicable, with the head of an agency to assist with compliance by the agency with-- ``(1) section 889 of the John S. McCain National Defense Authorization Act of 2019 (Public Law 115-232; 41 U.S.C. 3901 note); ``(2) section 5949 of the James M. Inhofe National Defense Authorization Act of 2023 (Public Law 117-263; 41 U.S.C. 4713 note); and ``(3) the American Security Drone Act of 2023 (Public Law 118-31; 41 U.S.C. 3901 note).”
“(f) Judicial Procedure.--Section 1327(b) of title 41, United States Code, is amended-- (1) in paragraph (1), by striking ``section 1323(c)(6)'' and inserting ``section 1323(c)(7)''; (2) in paragraph (3), by striking ``sections 1323(c)(5)'' and inserting ``sections 1323(c)(6)''; and (3) in paragraph (4), by amending subparagraph (B)(i) to read as follows: ``(i) Filing of record.--The United States shall file with the court an administrative record, which shall consist of-- ``(I) in the case of a designated order issued under section 1323(c)(6) by the appropriate official, the information the Council relied upon in providing such order to such official; and ``(II) the information that the appropriate official relied upon in issuing an exclusion or removal order under section 1323(c)(6) or a covered procurement action under section 4713.''.”
“(e) Requirements for Executive Agencies.--Section 1326 of title 41, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``; and'' and inserting a semicolon; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) providing any information requested by the Chairperson of the Council for the purpose of carrying out activities of this subchapter, subject to applicable law or policy on the control and handling of classified, sensitive, or proprietary information.''; (2) by striking ``supply chain'' each place it appears and inserting ``security and supply chain''; and (3) in subsection (b)(6), by striking ``supply chain'' and inserting ``security or supply chain''.”
“(d) Strategic Plan.--Section 1324(a) of title 41, United States Code, is amended-- (1) by inserting ``, and periodically thereafter'' after ``2018''; (2) in the matter preceding paragraph (1), by inserting ``acquisition security and'' before ``supply chain risks''; (3) in paragraph (8), by inserting ``acquisition security and'' before ``supply chain risks''; and (4) in paragraph (9)(A), by inserting ``acquisition security and'' before ``supply chain risk''.”
“``(vii) Rescission of order.--An exclusion or removal order issued under this subparagraph by an official may be rescinded only by the Council.''; (iv) in subparagraph (C), as so redesignated-- (I) by striking ``subparagraph (A)'' and inserting ``subparagraph (A)(iii) or (B)(iii)''; (II) by striking ``this subparagraph'' and inserting ``subparagraph (A)(iii) or (B)(iii)''; and (III) by striking ``, except'' and all that follows before the period at the end; (v) in subparagraph (D), as so redesignated-- (I) by striking ``this paragraph'' and inserting ``subparagraph (A)(iii) or (B)(iii)''; and (II) by striking ``help''; (vi) in subparagraph (E), as so redesignated, by striking ``this paragraph'' and inserting ``subparagraph (A)''; and (vii) by adding after subparagraph (F), as so redesignated, the following: ``(G) Effective date of orders.--The effective date of an order issued under this paragraph may not be more than 365 days after the order is issued.''; (H) in paragraph (7), as so redesignated, by striking ``paragraph (5)(A)'' and inserting ``subparagraph (A) or (B) of paragraph (6)''; and (I) in paragraph (8), as so redesignated, by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (4) in subsection (e), by inserting ``the Chief Data Officers Council,'' before ``the Chief Acquisition''; and (5) in subsection (f)(2), by striking the period at the end and inserting ``, unless such source is a covered source of concern.''.”
“``(vi) National security waiver.--An official described under clause (iii) may waive the application of an order issued by such official under clause (ii) with respect to a covered source of concern or a covered article sold, produced, or developed by a covered source of concern for any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.”
“``(v) Renewal of waiver.--An official described under clause (iii) may renew a waiver under clause (iv) for an additional period of not more than 180 days if-- ``(I) the renewal of the waiver is in the national security interests of the United States; and ``(II) the official submits, not later than 30 days after renewing such waiver, a written notification to the Council, appropriate congressional committees, the Speaker and Minority Leader of the House of Representatives, and the Majority and Minority Leaders of the Senate that includes the justification for renewing the wavier.”
“``(iv) Waiver.--An official described under clause (iii) may waive for a period of not more than 365 days the application of an order issued by such official under clause (ii) with respect to a covered source of concern or a covered article sold, produced, or developed by a covered source of concern if the official submits, not later than 30 days after making such waiver, a written notification to the Council, appropriate congressional committees, the Speaker and Minority Leader of the House of Representatives, and the Majority and Minority Leaders of the Senate that contains the justification for such waiver.”
“``(ii) Issuance.--The officials described in clause (iii) shall, not later than 90 days after receiving a designated order, issue the order to the heads of the applicable agencies. ``(iii) Officials.--The officials described in this clause are as follows: ``(I) The Secretary of Homeland Security, for exclusion and removal orders applicable to civilian agencies, to the extent not covered by subclause (II) or (III). ``(II) The Secretary of Defense, for exclusion and removal orders applicable to the Department of Defense and national security systems other than sensitive compartmented information systems. ``(III) The Director of National Intelligence, for exclusion and removal orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by subclause (II).”
“``(III) The Director of National Intelligence, for exclusion and removal orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by subclause (II).''; (ii) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; (iii) by inserting after subparagraph (A) the following: ``(B) Issuance of designated order.-- ``(i) Modifications.--After considering any response properly submitted by a source under paragraph (4) related to a designated order, the Council shall-- ``(I)(aa) make any such modifications to the order as the Council considers appropriate; or ``(bb) if the Council determines that the issuance of a designated order is not warranted, rescind the designated order and notify the source of the rescission; and ``(II) except in the case that the Council rescinds the designated order under subclause (I)(bb), provide the designated order (including any modifications made to such order by the Council) to the officials described in clause (iii).”
“[[Page H4878]] ``(ii) Order.--Not later than 90 days after receiving a recommended order, the officials described under clause (iii) shall-- ``(I) issue the order to the heads of the applicable agencies; or ``(II) submit a notification to the Council that the order will not be issued, that includes in the notification to the Council, all the reasons for why the order will not be issued. ``(iii) Officials.--The officials described in this clause are as follows: ``(I) The Secretary of Homeland Security, for exclusion and removal orders applicable to civilian agencies, to the extent not covered by subclause (II) or (III). ``(II) The Secretary of Defense, for exclusion and removal orders applicable to the Department of Defense and national security systems other than sensitive compartmented information systems.”
“``(ii) Effective date considerations.--Any effective date prescribed by the Council for an order issued pursuant to clause (i) shall take into account-- ``(I) the risk posed by the covered source of concern or the covered article sold, produced, or developed by the covered source of concern to the national security of the United States; ``(II) the likelihood of the covered source of concern or the covered article sold, produced, or developed by the covered source of concern causing imminent threat to public health and safety; ``(III) the availability of an alternative source or covered article sold, produced, or developed by an alternative source; and ``(IV) an assessment of the potential direct or quantifiable costs that may be incurred by the Federal Government, a State, local, or Tribal government, or by the private sector, as a result of compliance by the head of an executive agency with such an exclusion or removal order.''; (E) in paragraph (4), as so redesignated-- (i) in the heading, by striking ``of recommendation and review'' and inserting ``and review of recommended and designated orders''; (ii) by striking ``the recommendation'' each place it appears, and inserting ``the order''; (iii) in the matter preceding subparagraph (A), by striking ``A notice of the Council's recommendation under paragraph (2)'' and inserting ``Before the Council recommends an order under paragraph (2) or issues an order under paragraph (3), a notice''; (iv) in subparagraph (A), by striking ``a recommendation has been made'' and inserting ``the order will be recommended or issued''; (v) in subparagraph (D), by striking ``paragraph (5)'' and inserting ``paragraph (6)''; and (vi) in subparagraph (E), by striking the ``the recommendation'' and inserting ``the order''; (F) in paragraph (5), as so redesignated-- (i) by striking ``paragraph (3)'' and inserting ``paragraph (4)''; (ii) in subparagraph (A), by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (iii) in subparagraph (B), by striking ``paragraph (6)'' and inserting ``paragraph (7)''; (iv) by striking ``Any notice'' and inserting ``(A) In general.--Any notice''; and (v) by inserting at the end the following: ``(B) Information collected.--Any information collected from a source after notice under paragraph (4) shall be exempt from public disclosure and disclosure under subsection (b)(3)(B) of section 552 of title 5 (commonly referred to as the `Freedom of Information Act'), until an order is issued pursuant to paragraph (6).''; and (G) in paragraph (6), as so redesignated-- (i) by amending subparagraph (A) to read as follows: ``(A) Issuance of recommended orders.-- ``(i) Modifications to order.--After considering any response properly submitted by a source under paragraph (4) related to an order to be recommended under paragraph (2), the Council shall-- ``(I) make such modifications to the order as the Council considers appropriate; and ``(II) provide the order (together with any information submitted by a source under paragraph (4) related to such order) to the officials described under clause (iii).”
“``(B) Exclusion or removal of second order sources or covered articles.-- ``(i) Issuance.--In the case that the Council provides an order under subparagraph (A), the Council may also provide an order to the officials described under paragraph (6)(A)(iii) requiring the exclusion of sources or covered articles from executive agency procurement actions or removal of covered articles from executive agency information systems if-- ``(I) such covered articles or such sources use a covered source of concern in the performance of a contract with the executive agency; or ``(II) such sources enter into a contract, the performance of which such source knows or has reason to believe will require, in the performance of a contract with the executive agency, the use of a covered source of concern or the use of a covered article sold, produced, or developed by a covered source of concern.”
“``(ii) Contents of order.--Any order provided under clause (i) shall include-- ``(I) information regarding the scope and applicability of the order, including any information necessary to positively identify the covered source of concern or covered articles sold, produced, or developed by the covered source of concern required to be excluded or removed under the order; ``(II) a summary of any risk assessment reviewed or conducted in support of the order; ``(III) a summary of the basis for the order, including a discussion of less intrusive measures that were considered and why such measures were not reasonably available to reduce security risk; ``(IV) a description of the actions necessary to implement the order; and ``(V) where practicable, in the Council's sole and unreviewable discretion, a description of mitigation steps that could be taken by the covered source of concern that may result in the Council rescinding the order.”
“``(ii) Rule of construction.--Nothing in this subparagraph may be construed as imposing any limitation on any other authority for reimbursable or nonreimbursable details. ``(iii) Nonreimbursable detail.--A nonreimbursable detail made under this subparagraph shall not be considered an augmentation of the appropriations of the receiving element of the Program Office.''; and (3) in subsection (c)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``supply chain risk'' and inserting ``acquisition security and supply chain risk associated with the acquisition of covered articles''; (ii) in subparagraph (A), by inserting ``recommended'' before ``exclusion orders''; (iii) in subparagraph (B), by inserting ``recommended'' before ``removal orders''; (iv) in subparagraph (C), by striking ``; and'' and inserting a semicolon; (v) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (vi) by adding at the end the following: ``(E) issuing designated orders.''; (B) in paragraph (2)-- (i) in the heading, by striking ``Recommendations'' and inserting ``Recommended orders''; (ii) by striking ``use'' and inserting ``, using''; (iii) by striking ``to issue recommendations'' and inserting ``, recommend orders''; (iv) by striking ``Such recommendations'' and inserting ``Any such order recommended''; (v) by inserting ``to the officials described under clause (iii) of paragraph (6)(A) for issuance under such paragraph'' after ``thereof,''; (vi) in subparagraph (D), by striking ``supply chain risk'' and inserting ``acquisition security and supply chain risk associated with the acquisition of covered articles''; and (vii) in subparagraph (E), by striking ``exclusion or removal''; (C) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; (D) by inserting after paragraph (2) the following: ``(3) Designated orders.-- ``(A) Exclusion or removal of covered sources of concern.-- ``(i) In general.--Not later than 270 days after a source of concern is designated as a covered source of concern, the Council-- ``(I) shall provide to the officials described under clause (iii) of paragraph (6)(B) for issuance under such paragraph orders requiring-- ``(aa) the exclusion of the covered source of concern from any executive agency procurement action, including source selection and consent for a contractor; or ``(bb) the removal of covered articles sold, produced, or developed by the covered source of concern from the information system of executive agencies; or ``(II) report to Congress why the Council has determined to not issue an order described under subclause (I) with respect to the covered source of concern or covered articles sold, produced, or developed by the covered source of concern.”
“``(E) Funding and resources.--The Program Office may use the staff and resources of the Executive Office of the President or maintain dedicated staff and resources, as appropriate, in the performance of the duties of the Office. ``(F) Shared staffing authority.-- ``(i) In general.--The Program Office may accept officers or employees of the United States or members of the Armed Forces on a detail from an element of the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years.”
“``(B) Duties.--The Program Office shall provide to the Council, including any committees, working groups, or other constituent bodies established by the Council under paragraph (1)-- ``(i) administrative, legal, and policy support; and ``(ii) analysis and subject matter expertise on information communications technology, acquisition security, and supply chain risk. ``(C) Structure.--The head of the Program Office shall be designated by the Chairperson of the Council. ``(D) Prohibition.--The Program Office may not provide administrative support to the Council for any activities of the Council carried out pursuant to a provision of law other than a provision of law under this subchapter.”
“``(11) Reporting to Congress annually on the security risks associated with the acquisition and use of covered articles sold, produced, or developed by sources of concern.''; (2) in subsection (b)-- (A) by striking ``The Council'' and inserting the following: ``(1) In general.--The Council''; (B) in paragraph (1), as so redesignated, by striking ``a program office and''; and (C) by adding at the end the following: ``(2) Federal acquisition security council program office.-- ``(A) Establishment.--Not later than 45 days after the date of the enactment of this paragraph, the President shall establish a Federal Acquisition Security Council Program Office (referred to in this paragraph as the `Program Office') within the Executive Office of the President to carry out the duties described under subparagraph (B).”
“``(8) Evaluating each covered source of concern to determine whether to issue a designated order with respect to the covered source of concern or a covered article sold, produced, or developed by the covered source of concern. ``(9) Evaluating sources of concern to determine whether to issue a recommended order with respect to the source of concern, or any covered article sold, produced, or developed by the source of concern. ``(10) Monitoring and evaluating compliance by the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence with the requirement to issue designated orders under subsection (c)(6)(B).”
“(c) Functions and Authorities.--Section 1323 of title 41, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``supply chain'' each place it appears and inserting ``acquisition security and supply chain''; (B) in paragraph (1), as amended by subparagraph (A), by striking ``, particularly'' and inserting ``that arise''; (C) in paragraph (2), as amended by subparagraph (A)-- (i) by striking ``sharing information'' and inserting ``exchanging information''; (ii) by inserting ``associated with the acquisition and use of covered articles'' after ``risk''; (iii) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (iv) by redesignating subparagraph (C) as subparagraph (D); and (v) by inserting after subparagraph (B) the following: ``(C) the process for an executive agency to submit supply chain risk information to the Council in furtherance of identifying, mitigating, or managing its supply chain risk; and''; (D) in paragraph (6), as amended by subparagraph (A), by-- (i) striking ``posed by'' and inserting ``associated with''; and (ii) inserting ``and use'' before ``of covered articles''; (E) in paragraph (7), by striking ``posed by acquisitions'' and inserting ``associated with the acquisition''; (F) by redesignating paragraph (7) as paragraph (12); and [[Page H4877]] (G) by inserting after paragraph (6) the following: ``(7) Implementing a prioritization scheme for evaluating the security risks associated with the acquisition and use of covered articles sold, produced, or developed by a covered source of concern.”
“``(B) Transition.--The Chairperson of the Council on the day before the date of the enactment of this paragraph shall remain the Chairperson until the President makes a designation pursuant to subparagraph (A).''; and (B) in paragraph (2)-- (i) in subparagraph (B), by striking `` subsection (b)(1)(H)'' and inserting ``subsection (b)(1)(C)(viii)''; and (ii) in subparagraph (C), by striking ``lead representative of each agency represented on the Council'' and inserting ``members of the Council''; and (4) in subsection (d)-- (A) by striking ``The Council'' and inserting the following: ``(1) Council meetings.--The Council''; and (B) by adding at the end the following: ``(2) Other meetings.--The Chairperson of the Council shall meet, not less frequently than semiannually, with-- ``(A) the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence; or ``(B) in the case that any of the officials under subparagraph (A) delegated authority to an official under section 1323(c)(6)(C), with the delegated official.''.”
“``(viii) An official from any executive agency not listed under clauses (i) through (vii) whose temporary or permanent participation is determined by the Chairperson of the Council to be necessary to carry out the functions of the Council while maintaining the intended balance in subject matter expertise.''; and (B) in paragraph (2)-- (i) in the heading, by striking ``Lead representatives'' and inserting ``Members''; (ii) by amending subparagraph (A)(i) to read as follows: ``(i) In general.--The head of each executive agency listed under paragraph (1)(C) shall designate the official or officials from that agency who shall serve on the Council in accordance with such paragraph.''; (iii) by amending subparagraph (A)(ii) to read as follows: ``(ii) Requirements.--To the extent feasible, any official designated under clause (i) shall have expertise in supply chain risk management, acquisitions, law, or information and communications technology.''; (iv) by amending subparagraph (B) to read as follows: ``(B) Functions.--A member of the Council shall-- ``(i) regularly participate in the activities of the Council; ``(ii) ensure that any information requested by the Council from the agency represented by the member is provided to the Council; and ``(iii) ensure that the head of the agency represented by the member and other appropriate personnel of the agency are aware of the activities of the Council.''; (3) in subsection (c)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.-- ``(A) Designation.--Not later than 45 days after the date of the enactment of this paragraph, the President shall a designate a member of the Council to serve as Chairperson of the Council.”
“``(ii) Two officials from the Department of Defense, one of which shall be one from the National Security Agency. ``(iii) Two officials from the Department of Homeland Security, one of which shall be one from the Cybersecurity and Infrastructure Security Agency. ``(iv) An official from the General Services Administration. ``(v) An official from the Office of the National Cyber Director. ``(vi) Two officials from the Department of Justice, one of which shall be one from the Federal Bureau of Investigation. ``(vii) Two officials from the Department of Commerce, one of which shall be from the National Institute of Standards and Technology and one of which shall be from the Bureau of Industry and Security.”
“(b) Establishment and Members of Council.--Section 1322 of title 41, United States Code, is amended-- (1) in subsection (a), by striking ``executive branch'' and inserting ``Executive Office of the President''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--The members of the Council shall be as follows: ``(A) The Administrator for Federal Procurement Policy. ``(B) The Deputy Director for Management of the Office of Management and Budget. ``(C) The following officials, each of whom shall occupy a position at the level of Assistant Secretary or Deputy Assistant Secretary (or equivalent): ``(i) Two officials from the Office of the Director of National Intelligence, one of which shall be from the National Counterintelligence and Security Center.”
“``(12) Source of concern.-- ``(A) In general.--The term `source of concern' means a source-- ``(i) subject to the jurisdiction, direction, or control of the government of a foreign adversary, or operates on behalf of the government of a foreign adversary; or ``(ii) that poses a risk to the national security of the United States based on collaboration with, whole or partial ownership or control by, or being affiliated with a military, internal security force, or intelligence agency of a foreign adversary. ``(B) Foreign adversary defined.--In this paragraph, the term `foreign adversary' has the meaning given the term `covered nation' in section 4872(d) of title 10.''.”
“278g-3a)).''; (2) by redesignating paragraphs (5) through (8) as paragraphs (7) through (10), respectively; (3) by inserting after paragraph (4) the following: ``(5) Covered source of concern.--The term `covered source of concern' means a source of concern that sells, produces, or is involved in the development of a covered article that is designated in section 1328(c) as a statutorily designated covered article. ``(6) Designated order.--The term `designated order' means an order described under section 1323(c)(3).''; and (4) by adding at the end the following: ``(11) Recommended order.--The term `recommended order' means an order recommended under section 1323(c)(2).”
“(a) Definition of Source of Concern, Covered Source of Concern, Recommended Order, and Designated Order.--Section 1321 of title 41, United States Code, is amended-- (1) by amending paragraph (3) to read as follows: ``(3) Covered article.--The term `covered article'-- ``(A) has the meaning given that term in section 4713; and ``(B) includes operational technology (as defined in section 3 of the Internet of Things Cybersecurity Improvement Act of 2020 (Public Law 116-207; 15 U.S.C.”
“(7) Qualification by prime contractor.--The Secretary shall, for the purposes of this subsection, establish policy for the acceptance of a determination by a prime contractor that a domestic supplier of a covered material is capable of providing such covered material in the form and quality required by the prime contractor and thus deem the domestic supplier a qualified source. (8) Definition.--In this subsection, the term ``allied nation'' means the United States or any foreign nation (other than a covered nation, as defined in section 4872 of title 10, United States Code) designated by the Secretary for purposes of this subsection. SEC. 1804. CHANGES WITH RESPECT TO THE FEDERAL ACQUISITION SECURITY COUNCIL.”
“(5) Department-wide recognition.--The Secretary shall ensure that the result of each qualification process completed under this subsection is accepted throughout the Department of Defense for the same or substantially similar applications to the maximum extent practicable. (6) Implementation.--The Secretary shall maintain a centralized record of the result of each qualification process completed under this subsection for use across the military departments and defense agencies.”
“(4) Acceptance of existing testing and qualification data.--In carrying out this subsection, the Secretary shall, to the maximum extent practicable, accept and rely on-- (A) test data, analyses, certifications, or other qualification evidence from a Government laboratory, an accredited independent laboratory, or an accredited commercial laboratory, whether located in the United States or outside the United States; (B) qualification results or approvals previously accepted by a military department, another Federal agency, an original equipment manufacturer, or another commercial qualification regime; and (C) commercial production history, first-article results, lot acceptance data, and comparable evidence of performance.”
“(d) Expedited Qualification of New Domestic and Allied- nation Sources.-- [[Page H4876]] (1) In general.--The Secretary of Defense shall establish an expedited qualification process for new domestic and allied-nation sources of covered material (as defined in section 4872 of title 10, United States Code). (2) Scope.--The process under paragraph (1) shall apply to-- (A) source qualification; (B) product qualification; and (C) platform or program qualification. (3) Deadline.--The Secretary shall ensure that, for each entity seeking to be qualified as a domestic or allied-nation source, the qualification process is completed not later than 12 months after the date on which the entity submits a materially complete qualification package in the form prescribed by the Secretary.”
“(c) Non-execution Into Current Law, and Repeal, of Amendment Prohibiting Procurement of Material Mined, Refined, or Separated in Any Covered Nation.-- (1) In general.--Section 844 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3766), as amended by section 848 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 139 Stat. 978), is repealed. (2) Effective date.--The repeal made by paragraph (1) shall take effect on the earlier of December 31, 2026, or the date of the enactment of this Act.”
“(2) Regulations.--Not later than the effective date specified in paragraph (1), the Secretary of Defense shall issue regulations to implement section 4872 of title 10, United States Code, as amended by subsection (a). (3) Applicability to tier 2 materials.--Subsection (e) of section 4872, as amended by subsection (a), shall not apply to solicitations issued or contracts awarded before January 1, 2028. Until such date, a solicitation issued or contract awarded for a procurement of Tier 2 material (or covered item that contains Tier 2 material) shall be administered in accordance with section 4872 as in effect immediately before the effective date specified in paragraph (1).”
“``(13) The term `United States person' means-- ``(A) a citizen of the United States; ``(B) an alien lawfully admitted for permanent residence; or ``(C) an entity organized under the laws of the United States or a jurisdiction within the United States if the ultimate beneficial ownership and control of such entity is with persons described in subparagraph (A) or (B).''. (b) Effective Date and Applicability; Regulations.-- (1) Effective date and applicability.--The amendment made by subsection (a) shall take effect on the date (the ``effective date'') that is 180 days after the date of the enactment of this Act and shall apply to solicitations issued, and contracts entered into, on or after such effective date, except as provided in paragraph (3).”
“``(12) Subject to the authority of the Secretary under subsection (f), and excluding any material that is Tier 1 material, the term `Tier 2 material' means the following material, as set forth in categories (A) through (C): ``(A) Items comprised in whole or in part of oxides, metals, alloys (and intermediate products) of gadolinium, samarium, neodymium, praseodymium, neodymium-praseodymium, and terbium. ``(B) Items of tungsten, including-- ``(i) precursors, including tungsten ores and concentrates, ammonium paratungstate, ammonium metatungstate, tungstic acid, sodium tungstate, and tungsten oxides; and ``(ii) on and after January 1, 2029, tungsten carbide. ``(C) Items comprised in whole or in part of niobium oxides, metals, and alloys.”
“``(B) Tungsten metal powder, tungsten heavy alloy, or any finished or semi-finished component containing tungsten heavy alloy. ``(C) Neodymium oxide and metal, praseodymium oxide and metal, and neodymium-praseodymium oxide and metal, and ores and concentrates from which these oxides and metals are sourced. ``(D) Tantalum, including tantalum ores and oxides, concentrates, metal, tantalum powder, and tantalum alloys. ``(E) On and after December 18, 2027, molybdenum metals, powders, and alloys. ``(F) On and after December 18, 2027, gallium and gallium nitride. ``(G) On and after December 18, 2027, germanium.”
“``(9) A material is `sourced from, by, or through' a nation if any portion of the mining, refining, separation, melting and pouring, processing, or manufacturing of the material occurred in the nation or was performed by an entity located in the nation. ``(10) The term `sourced outside covered nations' means, with respect to a material, that the contractor has established through the certifications and documentation under this section that the material was not sourced from, by, or through a covered nation. ``(11) Subject to the authority of the Secretary under subsection (f), the term `Tier 1 material' means the following material, as set forth in categories (A) through (G): ``(A) Neodymium-iron-boron (NdFeB) and samarium-cobalt (SmCo) permanent magnets.”
“``(5) 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. ``(6) The term `domestically owned entity' means an entity organized under the laws of the United States or a State and controlled by United States persons. ``(7) The term `preferred domestic manufacturer or producer' means a contractor designated as a preferred domestic manufacturer or producer under subsection (i). ``(8) The term `supply-chain stage' includes stages such as mining, concentration, refining, separation, reduction, melting, alloying, powder production, sintering, processing, and manufacturing, and any other stage that the Secretary considers appropriate.”
“``(m) Definitions.--In this section: ``(1) The term `commercially available off-the-shelf item' has the meaning given such term in section 104 of title 41. ``(2) The term `covered COTS item' means a commercially available off-the-shelf item-- ``(A) at least 50 percent of which, by weight, is covered material; or ``(B) that is a mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, powder, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component. ``(3) The term `covered item' means an end item (as defined in section 4863 of this title), subsystem, assembly, component, or commercially available off-the-shelf item. ``(4) The term `covered material' means a Tier 1 material or a Tier 2 material.”
“``(3) The report shall be submitted in unclassified form, but may include a classified annex. ``(4) To the maximum extent practicable, the Secretary shall publish each report in a machine-readable, standardized format on a publicly accessible website of the Department. ``(l) Sale of National Defense Stockpile Materials.--The Secretary of Defense may not sell any 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-- ``(1) any covered nation; or ``(2) 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.”
“``(2) Each report shall include, for each fiscal year covered by the report, data for each category of covered material, including-- ``(A) sourcing percentages achieved; ``(B) waivers granted under subsection (g), identified by category of material and supply-chain stage, including duration and stated basis; ``(C) contractors designated as preferred domestic manufacturers and producers; ``(D) any findings, whether preliminary or not, of false certification, misconduct, or noncompliance with this section; ``(E) actions taken by the Secretary to increase the supply of Tier 1 and Tier 2 materials that meet the requirements of this section, including progress on investments in domestic capacity; and ``(F) such other information as the Secretary determines appropriate to describe implementation of this section.”
“``(k) Annual Report; Publication.--(1) Not later than March 1 of each year, the Secretary shall submit to the congressional defense committees, and publish in accordance with paragraph (3), a report on the implementation of this section. Each report shall cover the fiscal year that ended on September 30 of the preceding year and the fiscal year immediately preceding that fiscal year.”
“``(4) The fact that a contractor is designated as a preferred domestic manufacturer or producer may, if appropriate and consistent with law, be used by the Department for other purposes, such as in determining whether to provide credit in source selection, priority in processing of qualifications, or opportunity to participate in pilot programs. ``(j) Delegation.--The authorities in subsections (f), (g), and (i) may be delegated no lower than the senior acquisition executive of the military department concerned or, in the case of a Defense Agency, the Under Secretary of Defense for Acquisition and Sustainment.”