← LEADERSHIP TERMINAL

US CONGRESS · SITTING

Mike D. Rogers

Representative for Alabama · Republican · United States

IN THEIR OWN WORDS

(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…

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(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…

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2027 · 2026-07-21 · READ IN THE CONGRESSIONAL RECORD

(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…

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2027 · 2026-07-21 · READ IN THE CONGRESSIONAL RECORD

(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…

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(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…

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2027 · 2026-07-21 · READ IN THE CONGRESSIONAL RECORD

(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…

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2027 · 2026-07-21 · READ IN THE CONGRESSIONAL RECORD

The complete record

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 8 of 99.

  1. EDI: Battalion Trng Cplx2 $64,000,000 (OPS/Veh Maint)......... Hawaii................................ Fort Shafter.............. Water System Upgrade..... $33,000,000 Tripler Army Medical Upgrade Potable Water $38,000,000 Center................... System.................. Japan................................. Kadena Air Force Base..... Vehicle Maintenance Shop. $80,000,000 ---------------------------------------------------------------------------------------------------------------- SEC. 2108. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2024 PROJECTS. (a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118-31; 137 Stat. 709), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (137 Stat.

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  2. 2971), and extended by section 2106 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119-60; 139 Stat. 1267), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later. (b) Table.--The table referred to in subsection (a) is as follows: Army: Extension of 2023 Project Authorizations ---------------------------------------------------------------------------------------------------------------- Original State/Country Installation or Location Project Authorized Amount ---------------------------------------------------------------------------------------------------------------- Germany............................... East Camp Grafenwoehr.....

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  3. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2022 PROJECT AT FORT STEWART, GEORGIA. In the case of the authorization contained in the table in section 2101 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117-81; 135 Stat. 2161) for Fort Stewart, Georgia for construction of a barracks, the Secretary of the Army may construct a facility consisting of 193,347 square feet. SEC. 2107. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2023 PROJECTS. (a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117-263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (136 Stat.

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  4. (b) Table.--The table referred to in subsection (a) is as follows: Army: Extension of 2022 Project Authorizations ---------------------------------------------------------------------------------------------------------------- Original State/Country Installation or Location Project Authorized Amount ---------------------------------------------------------------------------------------------------------------- Georgia............................... Fort Stewart.............. Barracks................. $105,000,000 Germany............................... Smith Barracks............ Live Fire Exercise $16,000,000 Shoothouse.............. ---------------------------------------------------------------------------------------------------------------- SEC. 2106.

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  5. (a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117-81; 135 Stat. 2161), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (135 Stat. 2163) and most recently extended by section 2105 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119-60; 139 Stat. 1267), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later.

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  6. (b) Table.--The table referred to in subsection (a) is as follows: [[Page H4891]] Army: Extension of 2021 Project Authorization ---------------------------------------------------------------------------------------------------------------- Original State Installation or Location Project Authorized Amount ---------------------------------------------------------------------------------------------------------------- Georgia............................... Fort Gillem............... Forensic Laboratory...... $71,000,000 ---------------------------------------------------------------------------------------------------------------- SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2022 PROJECTS.

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  7. (a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat. 4294), the authorization set forth in the table in subsection (b), as provided in section 2101(a) of that Act (134 Stat. 4295) and most recently extended by section 2104 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119-60; 139 Stat. 1266), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later.

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  8. (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2026, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601. (b) Limitation on Total Cost of Construction Projects.-- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2101 and 2102 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2021 PROJECT AT FORT GILLEM, GEORGIA.

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  9. South Camp Vilseck.. $95,060,000 ------------------------------------------------------------------------ (b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $39,079,000. SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.

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  10. Caserma Renato Del $17,000,000 Din................ ------------------------------------------------------------------------ SEC. 2102. FAMILY HOUSING. (a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing ------------------------------------------------------------------------ Country Installation Amount ------------------------------------------------------------------------ Germany........................

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  11. $81,000,000 ---------------------------------------------------------------------------------------------------------------- (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States ------------------------------------------------------------------------ Installation or Country Location Amount ------------------------------------------------------------------------ Italy..........................

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  12. Joint Region Marianas......................... $155,000,000 Hawaii......................................... Wheeler Army Air Field........................ $380,000,000 Schofield Barracks............................ $30,000,000 Louisiana...................................... Fort Polk..................................... $237,000,000 New York....................................... Fort Drum..................................... $25,000,000 Oklahoma....................................... Fort Sill..................................... $94,000,000 Texas.......................................... Joint Base San Antonio........................ $918,000,000 Fort Bliss.................................... $35,000,000 Fort Hood.....................................

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  13. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States ---------------------------------------------------------------------------------------------------------------- State Installation or Location Amount ---------------------------------------------------------------------------------------------------------------- Guam...........................................

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  14. (b) Exception.--Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of-- (1) October 1, 2029; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2030 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. SEC. 2003. EFFECTIVE DATE. Titles XXI through XXVII shall take effect on the later of-- (1) October 1, 2026; or (2) the date of the enactment of this Act. TITLE XXI--ARMY MILITARY CONSTRUCTION SEC.

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  15. (a) Expiration of Authorizations After Three Years.--Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of-- (1) October 1, 2029; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2030.

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  16. [[Page H4890]] (c) Definitions.--In this section: (2) The term ``military exchange'' means the Army and Air Force Exchange Service, the Navy Exchange Service Command, the Marine Corps Exchange, the Coast Guard Exchange, or any successor organization, as applicable. (3) The term ``Morale, Welfare, and Recreation program'' means a nonappropriated fund activity providing community support, recreational, and quality-of-life services to members of the armed forces and their families, as authorized under chapter 147 of title 10, United States Code. DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS SEC. 2001. SHORT TITLE. This division may be cited as the ``Military Construction Authorization Act for Fiscal Year 2027''. SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.

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  17. (2) Such regulations shall not apply to photography services provided by photographers operating under a contract or other agreement with a military installation, a Morale, Welfare, and Recreation program, or a military exchange, for the sale of graduation ceremony photographs to members of the Armed Forces or dependents of such members during or immediately following graduation ceremonies. (b) Uniformity of Application.--Each Secretary of a military department shall ensure that any military installation-specific policies-- (1) are applied uniformly across military installations under the jurisdiction of such Secretary; and (2) do not impose restrictions more stringent than those established by the regulations described in subsection (a), as revised by this section.

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  18. CLARIFICATION OF COMMERCIAL SOLICITATION RESTRICTIONS DURING INITIAL ENTRY TRAINING FOR MEMORABILIA AND PHOTOGRAPHY. (a) Amendment to Implementing Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through each Secretary of a military department, shall revise any regulations governing commercial solicitation during initial entry training at military installations, including section 552.60(d) of title 32, Code of Federal Regulations and any similar provisions specific to a military department, to provide the following: (1) Such regulations shall not apply to preorders for cycle-commemorative or unit-specific merchandise organized at the initiative of members of the Armed Forces or dependents of such members, provided that no financial commitment, payment, or other consideration is made by or collected from a member until delivery of the product occurs after completion of the applicable training cycle.

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  19. SEC. 1893. INAPPLICABILITY OF BERRY AMENDMENT EXCEPTIONS TO CERTAIN SEAFOOD PURCHASES. Section 4862 of title 10, United States Code, is amended-- (1) by amending subsection (g) to read as follows: ``(g) Exception for Commissaries, Exchanges, and Other Nonappropriated Fund Instrumentalities.--Subsection (a) does not apply to items purchased for resale purposes in commissaries, exchanges, or nonappropriated fund instrumentalities operated by the Department of Defense.''; (2) by inserting after subsection (k) the following new subsection: ``(l) Application to Certain Seafood Purchases.--The exceptions in subsections (c) through (h) of this section shall not apply with respect to procurement of any fish, shellfish, or seafood product.''. SEC. 1894.

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  20. (d) Critical Cost Growth Termination.--Section 4376 of title 10, United States Code, is amended-- (1) in subsection (b), by adding at the end the following new paragraphs: ``(4) Delegation.--The Secretary may not delegate the submission of a written certification under paragraph (1).''; and (2) in subsection (c)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) consideration of termination plans that maximize value, including-- ``(A) immediate termination of the program with no further action; ``(B) termination of the program after completion of the end items in production and for which funds have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program; ``(C) termination of the program after completion of the end items described in subparagraph (B) for which the resale value exceeds the cost of completing such end items; and ``(D) any other course of action to maximize the value to the Government of the funds that have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program.''.

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  21. (b) End Item Major Subprogram Designation.--Section 4203(a)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(C) If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more end items that are each estimated to require an eventual total expenditure for research, development, test, evaluation, operation, and support of more than $500,000,000, the Secretary shall designate each such end item as a major subprogram for the purposes of acquisition reporting under this subpart.''. (c) Operations and Support Cost Inclusion.--Section 4214(a)(2) of title 10, United States Code, is amended by inserting ``for the life cycle of such major defense acquisition program or designated major subprogram'' before the period at the end.

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  22. (a) Shorten Nunn-McCurdy Breach Report Timeline.--Section 4374 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``When a unit cost report'' and inserting ``Not later than 30 days after a unit cost report''; (2) in subsection (b), by striking ``When a unit cost report'' and inserting ``Not later than 30 days after a unit cost report''; and (3) in subsection (c), by amending paragraph (2) to read as follows: ``(2) Time for submission of notification to congress.--In the case of a determination based on a quarterly report submitted in accordance with section 4372 of this title or a report submitted in accordance with section 4373 of this title, the Secretary shall submit the notification to Congress within 30 days after the date on which the determination was made.''.

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  23. ``(2) In this subsection, the term `Morale, Welfare, and Recreation program' means a nonappropriated fund activity providing community support, recreational, and quality-of- life services to members of the armed forces and dependents of such members, as authorized under chapter 147 of title 10.''. SEC. 1892. MAJOR SYSTEM COST GROWTH OVERSIGHT.

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  24. EXEMPTION FROM TRADEMARK LICENSING FEES FOR CERTAIN MILITARY EXCHANGE CONTRACTORS. Section 2260 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``and may retain'' and inserting ``and may, except as provided in subsection (f), retain''; (2) in subsection (b), by striking ``The Secretary concerned'' and inserting ``Except as provided in subsection (f), the Secretary concerned''; (3) by redesignating subsection (f) as subsection (g); and (4) by inserting after subsection (e) the following new subsection: ``(f) Exemption for Long-term Exchange Contractors.--(1) The Secretary concerned may not require contractor performing a contract of one year or longer with a military exchange-- ``(A) to be subject to any fee described in subsection (a) or (b); ``(B) to obtain approval from the trademark and licensing office of a military department for the production or sale of items sold through such exchange; or ``(C) to pay a royalty or other licensing fee to the trademark and licensing office of a military department, including any royalty or other licensing fee collected pursuant to a licensing agreement authorized under this section, in connection with the production or sale of items through such exchange or a Morale, Welfare, and Recreation program.

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  25. (4) The term ``mining school'' means-- (A) a mining, metallurgical, geological, or mineral engineering program accredited by the Accreditation Board for Engineering and Technology that is located at an institution of higher education, including a Tribal College or University; or (B) a geology or engineering program or department that is located at a 4-year public institution of higher education located in a State the gross domestic product of which in 2024 was not less than $2,000,000,000 in the combined categories of ``Mining (except oil and gas)'' and ``Support activities for mining'', according to the Bureau of Economic Analysis. (5) The term ``Tribal College or University'' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). Subtitle F--Other Matters SEC. 1891.

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  26. (3) The term ``mining profession'' means the body of jobs directly relevant to-- (A) the exploration, planning, execution, and remediation of metal and nonmetal mining sites; and (B) the extraction, including the separation, refining, alloying, smelting, concentration, processing, beneficiation, reprocessing, and recycling, of mineral ores.

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  27. (g) Definitions.--In this section: (1) The term ``covered project award'' means an award for a project to expand domestic mining, processing, refining, recycling, or related production capacity for critical minerals made by the Department of Defense under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) or under section 4817 of title 10, United States Code. (2) The term ``mining industry'' means the mining industry of the United States, consisting of the search for, and extraction, beneficiation, refining, smelting, processing, reprocessing, and recycling of, naturally occurring metal and nonmetal minerals from the earth.

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  28. (f) Annual Report.--Not later than one year after the date of the enactment of this Act, and each year thereafter through 2030, the Secretary shall submit to the congressional defense committees a report describing-- (1) the activities carried out under this section; (2) the number of participants supported through workforce development initiatives described in this section and the workforce placement outcomes for those participants; and (3) any recommendations the Secretary may have to improve the development of mining schools to meet the future workforce needs.

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  29. (2) Report.--Not later than March 1, 2028, the Secretary shall submit to the congressional defense committees a report on the assessment, including the results of the assessment and any recommendations the Secretary may have to expand domestic mining, processing, refining, recycling, or related production capacity for critical minerals.

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  30. (e) Recommendations to Enhance Implementation.-- (1) Assessment.--Not later than September 1, 2027, the Secretary shall complete an assessment of the feasibility and advisability of requiring, [[Page H4889]] as a condition of award, that the prime awardee of a covered project award actively participate in one or more workforce development initiatives to support the mining industry, including the feasibility and advisability of requiring that the prime awardee-- (A) establish and maintain a partnership with an accredited mining school as described in subsection (b)(1); (B) establish and maintain one or more workforce development pathways as described in subsection (b)(3) that are aligned with the workforce needs of the project and are for United States veterans and members of the Armed Forces who are transitioning to civilian life; and (C) implement any other workforce development initiative identified by the Secretary for inclusion in the assessment.

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  31. (c) Priority.--In carrying out this section, the Secretary shall prioritize initiatives that-- (1) align with current and projected defense industrial base requirements for critical minerals; and (2) demonstrate the ability to expand workforce training, credentialing, and placement into the mining profession or occupations supporting the supply chains for critical minerals. (d) Coordination.--The Secretary shall ensure that activities carried out under this section are coordinated with other workforce development initiatives of the Department of Defense for the defense industrial base and with institutions and entities participating in such initiatives.

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  32. (b) Initiatives That May Be Included.--The initiatives required by subsection (a) may include-- (1) contracts, grants, cooperative agreements, or other transactions with accredited mining schools for the purpose of recruiting and educating the next generation of mining engineers, faculty, and other qualified professionals; (2) scholarship, stipend, or tuition assistance programs designed to reduce financial barriers to entry into fields related to critical minerals; (3) workforce development pathways, such as cooperative education, apprenticeships, internships, and work-based learning opportunities, in fields related to critical minerals; (4) industry-driven senior design projects, applied research opportunities, faculty development, and other experiential learning activities directly related to production and processing of critical minerals; and (5) activities to recruit, train, qualify, and place individuals into the mining profession or occupations supporting the supply chains for critical minerals.

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  33. SEC. 1883. WORKFORCE DEVELOPMENT INITIATIVES TO SUPPORT MINING OF CRITICAL MINERALS. (a) Requirement for Initiatives.--In order to support and enable the development of domestic critical mineral supply chains to meet defense industrial base requirements, the Secretary of Defense shall use existing authorities, including authorities under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) and under section 4817 of title 10, United States Code, to ensure that the workforce development initiatives of the Department of Defense for the defense industrial base include workforce development initiatives to support the mining industry.

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  34. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report, which may be included along with or as an addendum to the report required under section 1843(d) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60), that includes-- (1) an assessment of the extent to which existing pilot programs or initiatives, such as the Accelerated Training in Defense Manufacturing program, demonstrate the ability to train and certify individuals in advanced manufacturing career fields in the defense industrial base; (2) options for increasing the capacity to train and certify the advanced manufacturing workforce, including options to institutionalize existing pilot programs or initiatives or to establish new programs to address workforce shortages; (3) options for supporting the long-term sustainability and continuous improvement of workforce training and certification programs, including through public-private partnerships and other funding or cost-sharing mechanisms; and (4) any recommendations the Secretary may have to accelerate training, credentialing, and qualification of workers supporting the defense industrial base, including recommendations related to improving the Department's planning and resourcing of such activities.

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  35. (a) Expansion of Responsibilities.--Section 1843(c) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60) is amended-- (1) in paragraph (2), by striking ``skills and abilities that are required for such fields; and'' and inserting ``skills, abilities, training, and certifications that are required for such fields in the defense industrial base;''; (2) by redesignating paragraph (3) as paragraph (4); (3) by inserting after paragraph (2) the following new paragraph: ``(3) identify limitations to the capacity of entities in the defense industrial base to recruit, train, and certify a sufficient workforce in advanced manufacturing career fields in the defense industrial base; and''; and (4) in paragraph (4) (as so redesignated)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) approaches to expand the capacity to develop and sustain a sufficient workforce in advanced manufacturing career fields in the defense industrial base; and''.

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  36. (d) Conforming Repeal.--Effective at the close of the date on which the Department of Defense Supplement to the Federal Acquisition Regulation is revised as required by subsection (c), section 813 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654A-214) is repealed. SEC. 1882. MODIFICATION OF WORKING GROUP ON THE ADVANCED MANUFACTURING WORKFORCE.

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  37. (c) Regulation.--Not later than 180 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 carry out such section 3245, including-- (1) instructions for contracting officers regarding the written justifications required under such section, including a standardized format or template for such justifications; (2) instructions encouraging the use of alternatives to education requirements, including skills assessments, relevant work experience, professional certifications, apprenticeship completion, and demonstrated competencies; and (3) requirements for data collection on the use of education requirements in solicitations, including the number and type of justifications issued and the rate at which education requirements are used relative to alternative qualifications.

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  38. ``(2) The term `education requirement' includes a requirement that can be met through-- ``(A) education alone; ``(B) either education or experience; or ``(C) a combination of education and experience.''. (b) Applicability.--Section 3245 of title 10, United States Code, as added by subsection (a), shall apply to solicitations, and to task or delivery orders, issued on or after the date that is 18 months after the date of the enactment of this Act.

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  39. ``(b) Definitions.--In this section: ``(1) The term `education' means an associate, baccalaureate, graduate, or professional degree, specified coursework, or other form of educational attainment awarded by a junior or community college, baccalaureate, graduate, or professional degree or other form of educational attainment awarded by a junior or community college, college, or university that is accredited as a collegiate institution by a recognized accrediting agency or approved by the appropriate State education authority under State law (or the appropriate education authority of the District of Columbia) to grant associate or higher degrees.

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  40. Flexibility in contractor education requirements ``(a) Prohibition.--A solicitation, or a task order or delivery order under an indefinite delivery-indefinite quantity contract, issued by the Department for any procurement of property or services may not set forth any minimum education requirement for proposed contractor personnel in order for an offeror to be eligible for award of a contract (or task or delivery order, as applicable) unless the contracting officer includes in the solicitation (or task order or delivery order, as applicable) a written justification that explains why the needs of the Department cannot be met without any such requirement and clarifies how the requirement ensures the needs are met.

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  41. (3) The term ``covered preaward engagement'' means an engagement between the Department of Defense and a covered entity before the award of a contract, grant, cooperative agreement, other transaction agreement, or other agreement, including market research, technical exchange, concept development, demonstration planning, request for information activity, broad agency announcement activity, commercial solutions opening activity, prototype discussions, or other preaward acquisition or technology-transition activity. Subtitle E--Defense Industrial Base Workforce Matters SEC. 1881. SKILLS-BASED REQUIREMENTS FOR DEPARTMENT OF DEFENSE CONTRACTOR PERSONNEL. (a) In General.--Chapter 223 of title 10, United States Code, as amended by section 802, is further amended by inserting after section 3244 the following new section: ``Sec. 3245.

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  42. (d) Definitions.--In this section: (1) The term ``covered entity'' means-- (A) a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632); or (B) a nontraditional defense contractor, as defined in section 3014 of title 10, United States Code. (2) The term ``covered information'' means information that is or may be-- (A) classified information; (B) controlled unclassified information; (C) controlled technical information; (D) export-controlled technical data; (E) government-furnished information; or (F) other technical, operational, or security-sensitive information that may require safeguarding under law, regulation, or Department of Defense policy.

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  43. (c) Briefing.--Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall provide to the congressional defense committees a briefing on the implementation of this section, including-- (1) steps taken to coordinate the process established under this section with existing mechanisms of the Department of Defense for facility clearances, secure workspaces, classified networks, shared classified commercial infrastructure, and each solicitation-stage Department of Defense Form 254; and (2) any recommendations for improving the ability of covered entities to engage with the Department before award of a contract, grant, cooperative agreement, other transaction agreement, or other agreement while protecting classified and controlled information.

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  44. (3) Timely notification to a covered entity on measures to ensure proper handling of sensitive information including-- (A) whether the proposed covered preaward engagement may involve covered information; (B) whether a solicitation-stage Department of Defense Form 254, security classification guide, nondisclosure agreement, controlled unclassified information guidance, or other security instrument may be required before the engagement proceeds; (C) appropriate procedures for marking, transmitting, storing, or discussing covered information during the engagement; [[Page H4888]] (D) referral, where appropriate, to existing mechanisms of the Department of Defense for access to classified facilities, secure workspaces, secure networks, or shared classified commercial infrastructure; and (E) points of contact for resolving unresolved classification, disclosure, or safeguarding questions.

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  45. (a) Establishment of Process.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process to provide timely guidance to covered entities and Department of Defense personnel to ensure protection of covered information during covered preaward engagements. (b) Requirements.--The process established under subsection (a) shall provide the following: (1) Standard procedures and guidance to Department of Defense personnel for structuring a covered preaward engagement to reduce the risk of inadvertent disclosure or improper receipt of classified or controlled information. (2) Development and use of standard templates, request procedures, and best practices for use by covered entities and Department of Defense officials during covered preaward engagements.

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  46. (c) Report.--Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report describing implementation of the pilot program established by subsection (a), including participation outcomes for small business concerns, barriers to submitting contracts described in subsection (a) identified by participants, and recommendations for improving participation of small business concerns in Department of Defense emerging technology acquisition programs. SEC. 1875. GUIDANCE TO ENSURE PROTECTION OF COVERED INFORMATION DURING COVERED PREAWARD ENGAGEMENTS.

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  47. (2) Coordination with existing Department of Defense innovation organizations, including the Defense Innovation Unit, AFWERX, NavalX, Army Applications Laboratory, Strategic Capabilities Office, or similar organizations.

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  48. (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 improve participation by small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) seeking to submit offers for Department of Defense contracts relating to artificial intelligence, software modernization, cybersecurity, quantum technologies, autonomous systems, advanced software development, and related dual-use technologies. (b) Procedures.--The pilot program established by subsection (a) shall include the following: (1) Alternative acquisition pathways, including commercial solutions openings, simplified proposal requirements, accelerated acquisition timelines, and other streamlined acquisition procedures.

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  49. (e) Definitions.--In this section-- (1) the term ``advanced manufacturing'' has the meaning given such term in section 4841(f) of title 10, United States Code; (2) the term ``critical readiness item of supply'' has the meaning given such term in section 4324 of title 10, United States Code; (3) the term ``No Bid Solicitation List'' means the list maintained by the Defense Logistics Agency identifying solicitations that have received no bids or no responsive offers within required procurement timelines; and (4) the term ``small business concern'' means a small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 1874. PILOT PROGRAM TO IMPROVE PARTICIPATION BY SMALL BUSINESS CONCERNS IN CERTAIN DEPARTMENT OF DEFENSE CONTRACTS.

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  50. (c) Duration.--The authority to carry out the pilot program under this section shall terminate on the date that is five years after the date on which the Director establishes the pilot program. (d) Reports.--Not later than 180 days after the date on which the Director establishes the pilot program, and annually thereafter for the duration of the program, the Director shall submit to the congressional defense committees a report that includes-- (1) the number and type of parts, components, and assemblies addressed under the program; (2) the number of small business concerns participating in the program; (3) the number of small business concerns for which the contract or agreement entered into under the program is their first contract or agreement with the Department of Defense; (4) improvements in lead times and readiness metrics as a result of the program; and (5) recommendations of the Director regarding continuation, modification, or expansion of the program.

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