Roger F. Wicker
Senator for Mississippi · Republican · United States
“3195(b)) is amended-- (i) in paragraph (1)(C), by inserting ``except with respect to an individual described in paragraph (4),'' before ``the individual''; and (ii) by adding at the end the following: ``(4) Individuals exempted from background check.--An individual described in this paragraph is-- ``(A) an individual who is-- ``(i)(I) a m…”
“3195(b)) is amended-- (i) in paragraph (1)(C), by inserting ``except with respect to an individual described in paragraph (4),'' before ``the individual''; and (ii) by adding at the end the following: ``(4) Individuals exempted from background check.--An individual described in this paragraph is-- ``(A) an individual who is-- ``(i)(I) a m…”
“(e) Exemption to Prohibitions.--The Department of Defense is exempt from the prohibitions under subsections (b), (c), and (d) if-- (1) the procurement or operation of the covered unmanned ground vehicle system is in the national interest of the United States; and (2)(A) the sole purpose for the procurement or operation is-- (i) research,…”
“(e) Exemption to Prohibitions.--The Department of Defense is exempt from the prohibitions under subsections (b), (c), and (d) if-- (1) the procurement or operation of the covered unmanned ground vehicle system is in the national interest of the United States; and (2)(A) the sole purpose for the procurement or operation is-- (i) research,…”
“(c) Implementation.--In carrying out the pilot program, the Secretary shall-- (1) select not fewer than three classes of naval vessels for participation in the pilot program; (2) prioritize components and parts that have demonstrated supply chain constraints, production bottlenecks, or recurring availability issues; (3) partner with publi…”
“(c) Implementation.--In carrying out the pilot program, the Secretary shall-- (1) select not fewer than three classes of naval vessels for participation in the pilot program; (2) prioritize components and parts that have demonstrated supply chain constraints, production bottlenecks, or recurring availability issues; (3) partner with publi…”
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“``(bb) Residential addresses (excluding zip codes) that are not primary addresses of a trade or business. ``(iii) Nothing in this paragraph may be construed to permit the removal of the name, address, or identification number of a business from a manifest signed, produced, delivered or electronically transmitted under this section.''. (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: ``(3) In the case of a manifest required by subsection (a)(3) for a vehicle departing from the United States, when the manifest is provided to the Automated Commercial Environment system of U.S. Customs and Border Protection, U.S.”
“``(F) In the case of a vehicle, the port of entry.''; (B) by amending paragraph (2)(B) to read as follows: ``(B)(i) The Secretary shall ensure that any personally identifiable information of individuals, such as the information described in clause (ii), is removed from any manifest signed, produced, delivered, or electronically transmitted under this section before access to the manifest is provided to the public. ``(ii) The information described in this clause includes the following: ``(I) Social Security numbers. ``(II) Passport numbers. ``(III) The following names and addresses appearing in the manifest in the names and addresses associated with a shipper, consignee, or notify party: ``(aa) Names of individuals who are end consumers.”
“1415(a)).''; and (2) in subsection (c)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``subparagraph (2)'' and all that follows through ``public disclosure'' and inserting ``paragraph (2) or (3), when included in a vessel, vehicle, or aircraft manifest, the following information shall be available for public disclosure''; (ii) in subparagraph (D), by striking ``vessel, aircraft, or carrier'' and inserting ``vessel, vehicle, or aircraft''; and (iii) by striking subparagraphs (E) and (F) and inserting the following: ``(E) In the case of a vessel or aircraft-- ``(i) the seaport or airport of loading; and ``(ii) the seaport or airport of discharge.”
“1431) is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--Each of the following shall have a manifest that complies with the requirements prescribed under subsection (d): ``(1) Every vessel required to make entry under section 434 or obtain clearance under section 60105 of title 46, United States Code. ``(2) Every aircraft required to make entry and obtain clearance under section 644(a). ``(3) Every commercial vehicle arriving in or departing from the United States that is-- ``(A) transporting merchandise for importation into or exportation from the United States; and ``(B) required to transmit advance electronic information under section 343(a) of the Trade Act of 2002 (19 U.S.C.”
“(b) Elements.--The report required under subsection (a) should include-- (1) recommendations to strengthen and improve the current medical countermeasure capabilities, authorities, and command structures of the Department of Defense; (2) recommendations to improve and formalize interagency coordination, support mechanisms, and supply chains necessary for a robust national security medical countermeasure enterprise; and (3) any other matters the Secretary of Defense determines necessary. Subtitle G--Other Matters SEC. 6031. PUBLIC DISCLOSURE OF VEHICLE AND AIRCRAFT MANIFEST INFORMATION. (a) In General.--Section 431 of the Tariff Act of 1930 (19 U.S.C.”
“(a) In General.--Not later than March 31, 2027, the Secretary of Defense shall submit to the congressional defense committees an assessment of the establishment of a governance structure for coordinating the development of national security-related medical countermeasures, similar to the Operation Warp Speed Program, for nuclear, chemical and biological medical countermeasures.”
“(5) A review of medical care provided to members of the Armed Forces injured in the attack described in subsection (a), including whether they received proper diagnoses and medical care for injuries such as traumatic brain injuries. (6) An evaluation of whether Department of Defense statements concerning the attack described in subsection (a) and medical care provided to members of the Armed Forces injured in the attack were consistent with information provided to the public by the Department of Defense. (c) Form.--The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 6024. ASSESSMENT OF NUCLEAR, CHEMICAL AND BIOLOGICAL MEDICAL COUNTERMEASURES.”
“(b) Elements.--The report submitted under subsection (a) shall include, with respect to events occurring shortly before and after the attack described in such subsection and related matters, the following: (1) A description of the reason for moving members of the 103rd Sustainment Command (Expeditionary) to Port Shuaiba. (2) A description of medical supplies provided by the Army to the 103rd Sustainment Command (Expeditionary), including whether any requests for supplies were denied. (3) A description of actions taken to ensure the physical security of the Port Shuaiba facility. (4) A timeline of the attack described in subsection (a).”
“(b) Elements.--The report required by subsection (a) shall-- (1) identify opportunities to improve training, standardization, and oversight of officers described in that subsection; and (2) make recommendations with respect to mechanisms for the Department of Defense to solicit and receive voluntary feedback from surviving family members to help inform continuous improvement of casualty notification and assistance programs. SEC. 6023. PORT SHUAIBA DRONE ATTACK INSPECTOR GENERAL REPORT. (a) Inspector General Report.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report on the March 1, 2026, Iranian drone attack on United States forces in Port Shuaiba, Kuwait, and its aftermath.”
“REPORT ON REQUIREMENTS FOR CASUALTY NOTIFICATION OFFICERS AND CASUALTY ASSISTANCE OFFICERS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense, working in conjunction with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report assessing policies, training requirements, and certification standards governing the casualty notification officers and casualty assistance officers of each Armed Force.”
“(d) Form.-- (1) In general.--The report required by subsection (a) shall be submitted in unclassified form but shall include a classified annex. (2) Matters for unclassified portion.--The unclassified portion of the report required by subsection (a) shall focus on high-level strategic risks and policy recommendations, ensuring that no information is released that could jeopardize the operational security of the domestic industrial base, including specific refining companies. (3) Matters for classified annex.--Any site-specific vulnerability assessments, granular production capacities of individual refineries, or detailed transportation route mappings for hazardous chemicals shall be included only in the classified annex required by paragraph (1). SEC. 6022.”
“(5) Recommendations for actions the Department of Defense and other relevant Federal agencies could take to mitigate risks to the supply of such chemicals, including consideration of strategic stockpiling, diversification of supply sources, or other measures to strengthen the resilience of the defense industrial base. (c) Critical Infrastructure Protection.--Information provided by private sector entities for purposes of preparing the report required by subsection (a) shall be treated as protected critical infrastructure information under the Critical Infrastructure Information Act of 2002 (6 U.S.C. 671 et seq.) and shall be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act'').”
“(3) An analysis of the extent to which domestic refining capacity supporting military fuel requirements relies on processes utilizing such chemicals, and the potential operational or logistical impacts to the Department of Defense if the availability or use of such chemicals were significantly constrained. (4) An assessment of risks to the infrastructure and supply chains associated with the production, storage, and transportation of such chemicals, including physical security, cyber threats, and other potential disruption scenarios.”
“(b) Elements.--The report required by subsection (a) shall include, at a minimum, the following: [[Page S3968]] (1) An assessment of the domestic production capacity and supply chain for critical chemicals used in petroleum refining and related manufacturing processes, and identification of any significant irreplaceability and dependencies on foreign sources or single-supplier vulnerabilities. (2) An evaluation of the role such chemicals play in supporting the defense industrial base, including their contribution to the production of fuels, materials, and other inputs necessary for military operations and defense manufacturing.”
“(f) Duration.--The authority under this section shall terminate on December 31, 2032. Subtitle E--Studies and Reports SEC. 6021. REPORT ON NATIONAL SECURITY IMPLICATIONS OF DOMESTIC SUPPLY AND USE OF CRITICAL CHEMICALS. (a) In General.--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 Senate and the House of Representatives a report assessing the national security implications of the domestic supply and use of critical chemicals that support petroleum refining and related industrial processes.”
“(e) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation of the pilot program, including-- (1) the ship classes, shipyards, and industrial base partners participating in the pilot program; (2) the categories of parts or components selected for additive manufacturing or advanced manufacturing; (3) the extent to which the pilot program has reduced lead times, production delays, costs, or supplier constraints; (4) any barriers to qualification, certification, cybersecurity, intellectual property, or technical data rights; (5) the role of University Affiliated Research Centers and other technical organizations in supporting the pilot program; and (6) recommendations for expanding the use of additive and advanced manufacturing across naval shipbuilding and ship repair.”
“(d) UARC Support.--The Secretary may enter into agreements with University Affiliated Research Centers to provide technical support for the pilot program, including support for-- (1) identifying candidate parts and components suitable for additive or advanced manufacturing; (2) developing manufacturing processes and qualification standards; (3) conducting materials testing and performance validation; (4) assessing cybersecurity risks associated with digital manufacturing files and production systems; (5) supporting workforce development and training for additive manufacturing in the naval shipbuilding industrial base; and (6) advising the Navy on how to scale successful technologies across shipbuilding and ship repair programs.”
“(c) Implementation.--In carrying out the pilot program, the Secretary shall-- (1) select not fewer than three classes of naval vessels for participation in the pilot program; (2) prioritize components and parts that have demonstrated supply chain constraints, production bottlenecks, or recurring availability issues; (3) partner with public shipyards, private shipbuilders, suppliers, and other entities within the domestic shipbuilding industrial base; (4) support University Affiliated Research Centers, federally funded research and development centers, and other qualified technical organizations with expertise in additive manufacturing, advanced manufacturing, materials science, and industrial base modernization; (5) establish procedures for testing, qualification, and certification of additive manufactured parts for naval use; and (6) ensure that any technical data, digital models, or manufacturing processes developed under the pilot program are managed to support long-term Navy sustainment and avoid vendor lock-in.”
“(b) Design of Pilot.--The Secretary shall design the pilot program to-- (1) identify shipbuilding components, replacement parts, tooling, fixtures, and other items that are constrained by limited suppliers, long lead times, obsolete production methods, or foreign dependence; (2) evaluate the use of additive manufacturing and advanced manufacturing to produce such items in a manner that meets applicable Navy technical, safety, cybersecurity, quality assurance, and certification requirements; (3) reduce schedule delays in ship construction, maintenance, and repair caused by shortages of parts or production capacity; (4) strengthen domestic manufacturing capacity for naval shipbuilding; and (5) support the development of qualification standards and repeatable certification pathways for additive manufactured shipbuilding components.”
“(a) Establishment.--The Secretary of the Navy shall conduct a pilot program through which the Secretary shall expand the use of additive manufacturing and advanced manufacturing technologies to address supply chain constraints, production delays, and part shortages affecting naval shipbuilding and ship repair.”
“(c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives. (2) Ready reserve force.--The term ``Ready Reserve Force'' has the meaning given that term in chapter 571 of title 46, United States Code. SEC. 6012. PILOT PROGRAM ON USE OF ADDITIVE AND ADVANCED MANUFACTURING TO SUPPORT NAVAL SHIPBUILDING.”
“(2) The plan and timeline for establishing a vessel construction manager program for Ready Reserve Force new construction, including-- (A) the anticipated procurement strategy; (B) the vessel construction manager selection process; and (C) criteria for shipyard selection. (3) The funding profile required to execute the 10-ship newbuild program authorized under section 2218(f) of title 10, United States Code, phased by fiscal year. (4) The relationship between the newbuild program and the ongoing used vessel procurement program, including how those programs will be managed in parallel to maintain Ready Reserve Force readiness during the transition period.”
“PRIORITIZATION AND BRIEFING ON READY RESERVE FORCE MODERNIZATION. (a) Prioritization of Design Requirements.--The Secretary of the Navy and the Secretary of Transportation shall prioritize the finalization of design requirements for new Ready Reserve Force vessels. (b) Briefing Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in coordination with the Secretary of Transportation, shall provide a briefing to the appropriate congressional committees on the following: (1) The status of the sealift vessel design being developed pursuant to section 3546 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 57100 note).”
“(b) Waiver.--The requirements of subsection (a) may be waived if a member of the Armed Forces provides a medical justification authorized by the commanding officer of such member to wear optional combat boots as part of a required uniform. (c) Exception.--The requirements of subsection (a) shall not apply to a member of the Armed Forces within a combat arms military occupational specialty who is in a deployed status. (d) Definitions.--In this section: (1) The term ``optional combat boots'', with respect to a member of the Armed Forces, means combat boots not furnished to such member of the Armed Forces by the Secretary of Defense. (2) The term ``required uniform'' means a uniform a member of the Armed Forces is required to wear as a member of the Armed Forces. TITLE LX--GENERAL PROVISIONS Subtitle B--Naval Vessels SEC. 6011.”
“SEC. 5832. REGULATIONS APPLICABLE TO WEARING OPTIONAL COMBAT BOOTS. (a) In General.--Not later than three years after the date of the enactment of this section, the Secretary of Defense shall issue regulations, to take effect not more than one year after issuance, to prohibit any member of the Armed Forces who joins the Armed Forces after the date the regulations are issued from wearing optional combat boots as part of a required uniform unless the optional combat boots are entirely manufactured in the United States and entirely made of-- (1) materials grown, reprocessed, reused, or produced in the United States; and (2) components that are manufactured entirely in the United States and entirely made of materials described in paragraph (1).”
“3195(b)) is amended-- (i) in paragraph (1)(C), by inserting ``except with respect to an individual described in paragraph (4),'' before ``the individual''; and (ii) by adding at the end the following: ``(4) Individuals exempted from background check.--An individual described in this paragraph is-- ``(A) an individual who is-- ``(i)(I) a member of the Armed Forces eligible for pre- separation counseling of the Transition Assistance Program under section 1142 of title 10, United States Code; or ``(II) a veteran who left the Armed Forces not more than 90 days before the date on which the veteran applies to enroll in the Job Corps; and ``(ii) not ineligible for retired pay as provided by section 12740 of title 10, United States Code; or ``(B) a military recruit who-- ``(i) is ineligible to enlist in the military as a result of the requirements of section 520 of title 10, United States Code; and ``(ii) not more than 90 days before the date on which the recruit applies to enroll in the Job Corps, passed a background check as part of the enlistment process.''.”
“(4) Streamlined enrollment of veterans and military recruits into the defense industrial base.-- [[Page S3967]] (A) In general.--Subsection (b) of section 144 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3194) is amended-- (i) in the heading, by inserting ``and Certain Other Armed Forces Members'' after ``Veterans''; and (ii) in the matter preceding paragraph (1), by inserting ``or a member of the Armed Forces eligible for pre-separation counseling of the Transition Assistance Program under section 1142 of title 10, United States Code,'' after ``a veteran''. (B) Background check exemption.--Section 145(b) of the Workforce Innovation and Opportunity Act (29 U.S.C.”
“(3) Local authority to realign trades.--Section 151 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3201) is amended by adding at the end the following: ``(d) Local Authority.--Subject to the limitations of the budget approved by the Secretary for a Job Corps center, the operator of a Job Corps center shall have the authority, without prior approval from the Secretary, to-- ``(1) hire staff and provide staff professional development; ``(2) set terms and enter into agreements with Federal, State, or local educational partners, such as secondary schools, institutions of higher education, child development centers, units of Junior Reserve Officers' Training Corps programs established under section 2031 of title 10, United States Code, or employers; and ``(3) engage with and educate stakeholders (including eligible applicants for the Job Corps) about Job Corps operations, selection procedures, and activities.''.”
“``(3) Prohibition of offset using external funding.--An operator that accepts a grant or charitable donation under paragraph (1) may not use the grant or charitable donation to fulfill the cost of any obligation imposed on the operator under an agreement under section 147. ``(4) Prohibition on restrictions for job corps placement.--A grant or charitable donation under paragraph (1) may not include terms that restrict the placement or employment options of an enrollee or graduate. ``(5) Public reporting.-- The Secretary shall publicly disclose on annual basis a list of grants and charitable donations received under paragraph (1), which shall include the amount and source of each grant or charitable donation and the Job Corps center that was designated as the beneficiary of each grant or charitable donation.''.”
“3208(f)) is amended-- (A) by striking the heading and inserting ``External Funding''; (B) by striking ``The Secretary may accept on behalf of the Job Corps or individual Job Corps centers charitable donations of cash'' and inserting the following: ``(1) In general.--The Secretary (or the Secretary of Agriculture, as appropriate), on behalf of the Job Corps, or a Job Corps center operator, on behalf of such center, may accept grants and charitable donations of cash''; (C) by inserting ``grants and'' before ``donations are''; (D) by striking ``available for appropriate use'' and inserting ``used exclusively''; and (E) by adding at the end the following: ``(2) Transfer of property.--Notwithstanding sections 501(b) and 522 of title 40, United States Code, any property acquired by a Job Corps center shall be directly transferred, on a nonreimbursable basis, to the Secretary.”
“3192).''; and (2) in subsection (c)(2), by adding at the end the following: ``(H) Support for the statutory purposes of the Job Corps program established under section 143 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3193).''. (c) Job Corps Conforming Reforms.-- (1) Success in military recruitment as a graduate of job corps.--Section 142(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192(5)) is amended by inserting ``enlisted in the military with a score on the Armed Forces Qualification Test that is above the thirty-first percentile,'' before ``or completed''. (2) Grants to job corps centers.--Section 158(f) of the Workforce Innovation and Opportunity Act (29 U.S.C.”
“(D) Registered apprenticeship program.--The term ``registered apprenticeship program'' means an apprenticeship program that is registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (b) Extension of Shipbuilding Special Incentive to the Job Corps.--Section 8696 of title 10, United States Code, is amended-- (1) in subsection (b)(2), by adding at the end the following: ``(G) The Job Corps program established under section 143 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3193) or an individual Job Corps center operator as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C.”
“(4) Definitions.--For purposes of this subsection: (A) Enrollee; job corps; job corps center.--The terms ``enrollee'', ``Job Corps'', and ``Job Corps center'' have the meanings given such terms in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192). (B) Job corps center operator.--The term ``Job Corps center operator'' has the meaning given the term ``operator'' in such section of such Act. (C) Job corps transition hub.--The term ``Job Corps transition hub'' means an advanced career training program under section 148 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3198) that facilitates the onboarding and retention of enrollees into successful careers in in-demand industry sectors or occupations and registered apprenticeship programs.”
“(3) Job corps trade realignment.--In order to address shortages of skilled industrial workers in the defense industrial base, the Secretary of Defense may, through the National Imperative for Industrial Skills program (or a successor program) and grants accepted by the Secretary of Labor on behalf of a Job Corps center as provided in accordance with section 158(f) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3208(f)), support the change of trades offered at a Job Corps center, including at a Job Corps transition hub at an existing center or at a new site in close proximity to a shipyard or other defense industrial base suppliers, to align with the needs of the defense industrial base, including through investments in curricula development, equipment, and facilities.”
“(2) Referral of military recruits to job corps.--Military recruiters shall make each military recruit who is ineligible to enlist in the military as a result of the requirements of section 520 of title 10, United States Code, aware of the opportunity to enroll in Job Corps and registered apprenticeship programs in order to meet the standards for enlistment or learn skills that can contribute to the defense industrial base.”
“Subtitle C--Industrial Base Matters SEC. 5831. JOB CORPS SHIPBUILDING-DEFENSE INDUSTRIAL BASE PIPELINE ACT OF 2026. (a) Alignment of Job Corps With the Defense Industrial Base.-- (1) In general.--The National Imperative for Industrial Skills program of the Department of Defense (or a successor program) shall maximize the use of and expand on the activities of Job Corps centers and registered apprenticeship programs to train the skilled industrial workers that are needed in the defense industrial base.”
“(e) Exemption to Prohibitions.--The Department of Defense is exempt from the prohibitions under subsections (b), (c), and (d) if-- (1) the procurement or operation of the covered unmanned ground vehicle system is in the national interest of the United States; and (2)(A) the sole purpose for the procurement or operation is-- (i) research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or the development of unmanned ground vehicle system or counter-unmanned ground vehicle system technology; or (ii) conducting counter-terrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations; or (B) the covered unmanned ground vehicle system, as procured or as modified after procurement but before operational use-- (i) can no longer transfer data to, or download data from, a covered foreign entity; and (ii) poses no national security cybersecurity risk as determined by the Secretary of Defense.”
“(d) Prohibition on Use of Federal Funds for Procurement or Operation of Covered Unmanned Ground Vehicle Systems.--Except as provided in subsection (e), beginning on the date that is one year after the date of the enactment of this Act, no Federal funds awarded through a contract, grant, or cooperative agreement of the Department of Defense, or otherwise made available by the Department, may be used to procure or in connection with the operation of a covered unmanned ground vehicle system.”
“(c) Prohibition on Operation of Covered Unmanned Ground Vehicle Systems.-- (1) In general.--Except as provided in subsection (e), beginning on the date that is one year after the date of the enactment of this Act, the Department of Defense may not operate a covered unmanned ground vehicle system. (2) Applicability to contracted services.--The prohibition under paragraph (1) applies to any covered unmanned ground vehicle system being used by the Department of Defense through a contract for the services of the covered unmanned ground vehicle system.”
“(4) Unmanned ground vehicle system.--The term ``unmanned ground vehicle system'' means a system that includes-- (A) a mechanical device, including a remote surveillance vehicle, autonomous patrol technology, mobile robotics, or a humanoid robot, that-- (i) is capable of locomotion, navigation, or movement on the ground; and (ii) operates at a distance from a human operator or supervisor based on commands or in response to sensor data or any combination thereof; (B) the payload of the mechanical device described in subparagraph (A); and (C) any external device used to control the mechanical device described in subparagraph (A). (b) Prohibition on Procurement of Covered Unmanned Ground Vehicle Systems.--Except as provided under subsection (e), the Department of Defense may not procure any covered unmanned ground vehicle system.”
“(2) Covered foreign entity.--The term ``covered foreign entity'' means an entity that is-- (A) domiciled in a covered nation; [[Page S3966]] (B) subject to the influence or control of the government of a covered nation, as determined by the Secretary of Defense; or (C) a subsidiary or affiliate of an entity described in subparagraph (A) or (B). (3) Covered unmanned ground vehicle system.--The term ``covered unmanned ground vehicle system'' means an unmanned ground vehicle system manufactured or assembled by a covered foreign entity.”
“(e) Rule of Construction.--Nothing in this section shall be construed to alter the requirements of subpart 15.6 of the Federal Acquisition Regulation regarding the award of a contract based on an unsolicited proposal or to authorize the award of a sole-source contract in violation of otherwise applicable law. SEC. 5813. PROHIBITION ON THE PROCUREMENT AND OPERATION OF COVERED UNMANNED GROUND VEHICLE SYSTEMS. (a) Definitions.--In this section: (1) Covered nation.--The term ``covered nation'' has the meaning given the term in section 4872(f) of title 10, United States Code.”
“(2) Not later than 1 year after the date on which the pilot program is established, and annually thereafter for three years, the Secretary shall submit to the congressional defense committees a report on the pilot program, including-- (A) the number of unsolicited proposals received; (B) the average time required for disposition; (C) the number of proposals rejected, referred, or advanced for negotiation or award; (D) the number of proposals transitioned to another acquisition pathway; and (E) participation data, to the extent practicable, regarding small business concerns, nontraditional defense contractors, and mid-tier contractors.”
“(c) Priority Consideration.--In carrying out the pilot program, the Secretary shall provide priority consideration to unsolicited proposals that the Secretary determines may materially improve-- (1) production capacity; (2) supply chain resilience; (3) repair, maintenance, or sustainment capability; (4) domestic manufacturing capability; (5) cyber resilience; or (6) cost or schedule performance for an existing or anticipated defense requirement. (d) Briefing and Report.-- (1) Not later than 180 days after the establishment of the pilot program, the Secretary shall brief the congressional defense committees on the implementation of the pilot program.”
“(4) Procedures to ensure that, when an unsolicited proposal is not appropriate for award or negotiation under subpart 15.6 of the Federal Acquisition Regulation, the proposal is considered for referral, as appropriate, to another acquisition pathway, including-- (A) a broad agency announcement; (B) a commercial solutions opening or similar competitive solicitation; (C) a prize or challenge competition; (D) a Small Business Innovation Research or Small Business Technology Transfer topic, where appropriate; or (E) market research or other consideration by a relevant program office. (5) Procedures to protect proprietary data and restrict disclosure consistent with applicable law and regulation.”
“(3) A requirement that the Department provide to an offeror-- (A) notice of whether the proposal is complete not later than 30 days after receipt; and (B) a written disposition of the proposal, including a brief explanation of the basis for rejection, referral, or further consideration, not later than 90 days after the proposal is determined to be complete.”
“``(3) The terms `deliver', `delivery', and `delivering' include furnishing, providing, or making available in any manner whatsoever.''. SEC. 5812. PILOT PROGRAM TO IMPROVE EVALUATION AND TRANSITION OF UNSOLICITED DEFENSE CAPABILITY PROPOSALS. (a) Establishment of Pilot Program.--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 the intake, evaluation, and disposition of unsolicited proposals submitted to the Department of Defense. (b) Elements.--The pilot program required under subsection (a) shall include, at a minimum, the following: (1) A common electronic means for submission of unsolicited proposals to the Department of Defense. (2) Standardized guidance regarding the information required for review of such proposals.”
“``(c) Effect of Appeal.--The pendency of any appeal, claim, or action by the contractor challenging or seeking review of the contracting officer's final decision under section 7103 of title 41, shall not preclude, stay, enjoin, or otherwise affect an action brought by the Federal Government under this section. ``(d) Definitions.--In this section: ``(1) The term `covered information' means information that is required by a covered legal instrument to be delivered or otherwise provided to the Federal Government, and includes, incorporates, or embodies intellectual property, technical data, computer software, or computer software documentation. ``(2) The term `covered legal instrument' means a contract, agreement, or other legal instrument.”
“In any such action, the court may determine the scope of the Federal Government's rights in the covered information and may order the correction or removal of any nonconforming or improper markings on such information.''. ``(b) Conditions.--An action under subsection (a) may be brought only if, with respect to covered information required to be delivered under the covered legal instrument, the contractor with which the Federal Government entered into the covered legal instrument has not delivered, or refuses to deliver, the covered information within 30 days of receipt of a final decision issued by a contracting officer under section 7103 of title 41 that requires the delivery of such information to the Federal Government.”
“TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations SEC. 5811. SPECIFIC PERFORMANCE FOR DELIVERY OF CERTAIN INFORMATION UNDER DEFENSE CONTRACTS. (a) Chapter 281 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 3865. Specific performance for delivery of certain information under defense contracts ``(a) Authority.--The Federal Government may bring an action arising under a covered legal instrument entered into by the Department of Defense in an appropriate district court of the United States for an order of specific performance requiring delivery of covered information in such format and manner as the court determines appropriate and necessary.”