872 
SEC. 1625. REPORT ON ASSISTANT SECRETARY OF DEFENSE 
FOR NUCLEAR DETERRENCE, CHEMICAL, AND 
BIOLOGICAL 
DEFENSE 
POLICY 
AND 
PRO-
GRAMS. 
Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the continued im-
plementation of the amendments made by section 1621 of 
the Servicemember Quality of Life National Defense Au-
thorization Act for Fiscal Year 2025 (Public Law 118–159; 
138 Stat. 2170) that includes— 
(1) a proposal to consolidate administrative and 
resource support functions for personnel assigned to 
the Office of the Assistant Secretary of Defense for 
Nuclear Deterrence, Chemical, and Biological Defense 
Policy and Programs to a single office in the Depart-
ment of Defense; 
(2) a plan to clarify the relationships between— 
(A) the Assistant Secretary of Defense for 
Nuclear Deterrence, Chemical, and Biological 
Defense Policy and Programs; 
(B) the Under Secretary of Defense for Ac-
quisition and Sustainment; and 
(C) the Under Secretary of Defense for Pol-
icy; 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00872
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
873 
(3) a proposal for an organizational framework 
through which the Assistant Secretary will perform 
the portfolio management duties required under sec-
tion 499c of title 10, United States Code; 
(4) a description of resource requirements for the 
Office of the Assistant Secretary of Defense for Nu-
clear Deterrence, Chemical, and Biological Defense 
Policy and Programs; and 
(5) such other matters as the Secretary deter-
mines appropriate. 
SEC. 1626. IMPROVEMENTS TO CERTAIN DEPARTMENT OF 
DEFENSE 
INDEMNIFICATION 
PROCEDURES 
TO ENABLE PROCUREMENT OF COMMERCIAL 
ADVANCED NUCLEAR TECHNOLOGIES. 
(a) REVIEW.—The review of a request submitted to a 
Department of Defense contracting officer by a contractor 
pursuant to Public Law 85–804 (50 U.S.C. 1431 et. seq) 
for indemnification against nuclear and unusually haz-
ardous risks, including those involving the procurement of 
commercial nuclear technology, shall include, to the max-
imum extent practicable, input from the Defense Contract 
Management Agency, including reviews of insurance mar-
kets and coverage availability from the Contractor Insur-
ance/Pension Review group. 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00873
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
874 
(b) DEADLINE.—The Secretary of Defense shall ensure 
that the review of any indemnification request described in 
subsection (a) shall be completed with a final decision on 
approval or denial, including an executed memorandum of 
decision, within the 90-day period beginning on the date 
on which the contractor submits the indemnification re-
quest. 
SEC. 1627. REVIEW OF THE OCCUPATIONAL HEALTH AND 
SAFETY CONDITIONS OF OPERATIONAL FA-
CILITIES ASSOCIATED WITH THE LGM–30G 
MINUTEMAN 
III 
INTERCONTINENTAL 
BAL-
LISTIC MISSILE SYSTEM. 
(a) IN GENERAL.—The Assistant Secretary of Defense 
for Health Affairs, in consultation with the Assistant Sec-
retary of Defense for Nuclear Deterrence, Chemical and Bio-
logical Defense Policy and Programs, shall seek to enter into 
an agreement with the Executive Officer of the National 
Academy of Sciences, Engineering, and Medicine for a re-
view of the occupational health and safety conditions of cov-
ered operational facilities. 
(b) ELEMENTS.—The review required by subsection (a) 
shall include the following: 
(1) An independent review of the methodology 
and findings of the Missile Community Cancer Study 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00874
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
875 
conducted by the Air Force Medical Service and Air 
Force Global Strike Command. 
(2) An independent assessment of occupational 
hazards, covered toxic substances, and operational ac-
tivities associated with the LGM–30G Minuteman III 
intercontinental ballistic missile system that accounts 
for— 
(A) enclosed space dynamics; 
(B) ventilation inefficiencies; and 
(C) limited fresh air exchange rates. 
(3) An independent case-controlled retrospective 
study of cancer incidence rates among— 
(A) Minuteman III missile launch officers 
and support personnel; compared to 
(B) a group of members of the Air Force 
with— 
(i) a substantially similar demo-
graphic makeup to the group of launch offi-
cers and support personnel included in the 
study; 
(ii) responsibilities that are not associ-
ated with the Minuteman III system; and 
(iii) a low potential for occupational 
exposure to covered toxic substances, as de-
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00875
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
876 
termined by Air Force Specialty Code and 
occupational duties. 
(4) A comparative evaluation of the suitability 
and effectiveness of historic versus current year envi-
ronmental surveillance policies, procedures and tech-
nologies of the Department of the Air Force for cov-
ered operational facilities used to detect exposure to 
covered toxic substances and occupational hazards, 
including— 
(A) air quality; 
(B) groundwater and drinking water con-
tamination; 
(C) ventilation systems and particulate 
matter accumulation; and 
(D) residual contamination associated with 
confined operational environments. 
(5) An evaluation of the suitability and effective-
ness of policies, procedures, and technologies of the 
Department of the Air Force to prevent occupational 
hazards, and reduce exposure to covered toxic sub-
stances, associated with the Minuteman III system in-
cluding— 
(A) personal protective equipment; 
(B) engineering controls; 
(C) environmental surveillance; and 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00876
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
877 
(D) other policies, procedures and tech-
nologies deemed relevant. 
(6) An evaluation of the suitability and effective-
ness of policies, procedures, and technologies of the 
Department of the Air Force and the Department of 
Defense for reporting and periodic medical screening, 
testing, and evaluations for potential exposure to oc-
cupational hazards and covered toxic substances for 
personnel associated with the Minuteman III system. 
(7) Recommendations of the Executive Officer 
with respect to— 
(A) Department of Defense actions to ensure 
that occupational health and safety conditions of 
covered operational facilities— 
(i) meet current occupational safety 
and national security requirements in effect 
as of the date of the enactment of this Act; 
and 
(ii) are applied to the LGM–35A Sen-
tinel intercontinental ballistic missile sys-
tem; and 
(B) potential modifications to— 
(i) the current design and operation of 
the LGM–30G Minuteman III interconti-
nental ballistic missile system; and 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00877
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
878 
(ii) the future design and operation of 
the Sentinel system. 
(c) INFORMATION AND CLEARANCES.—The Secretary 
of Defense shall ensure that personnel of the National Acad-
emy of Sciences, Engineering, and Medicine supervising the 
implementation of the agreement required by subsection (a), 
or conducting the review required by such subsection, are 
granted, in a timely manner, access to the information and 
security clearances necessary to carry out such review. 
(d) REPORT REQUIRED.— 
(1) IN
GENERAL.—Not later than 18 months 
after the date of the enactment of this Act, the Execu-
tive Officer of the National Academy of Sciences, En-
gineering, and Medicine shall submit to the congres-
sional defense committees a report that includes the 
findings of the review required by subsection (a). 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form but may 
include a classified annex. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered operational facilities’’ 
mean physical structures and work environments as-
sociated with the LGM–30G Minuteman III inter-
continental ballistic missile system, including— 
(A) launch control facilities; 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00878
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
879 
(B) launch facilities; 
(C) missile alert facilities; and 
(D) other associated facilities. 
(2) The term ‘‘covered toxic substances’’ means 
contaminants and other risk factors that pose a sig-
nificant health risk to an individual when inhaled, 
ingested, absorbed by, or in close proximity to, the in-
dividual, including— 
(A) Asbestos. 
(B) Radiation. 
(C) Polychlorinated biphenyls (PCBS). 
(D) Combustion byproducts associated with 
burning classified materials, accelerants, and in-
dustrial solvents. 
(E) Volatile Organic Compounds (VOCs), 
including VOCs from cleaning and maintenance 
chemicals. 
(F) Radon and naturally occurring radio-
active materials in subterranean facilities. 
(G) Hydrogen cyanide, hydrazine, ethylene 
glycol, and sodium chromate. 
(H) Pesticides and herbicides from facility 
perimeters and surrounding agricultural runoff. 
(I) Noise. 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00879
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
880 
(J) Other chemical compounds or elements 
associated with the LGM–30G Minuteman III 
intercontinental ballistic missile system or cov-
ered operational facilities. 
Subtitle D—Missile Defense 
Programs 
SEC. 1641. MODIFICATION TO NATIONAL MISSILE DEFENSE 
POLICY TO REFLECT GOLDEN DOME FOR 
AMERICA POLICY. 
Section 5501 of title 10, United States Code, is amend-
ed by striking the text and inserting the following: 
‘‘It is the policy of the United States— 
‘‘(1) to provide for the common defense of the 
United States and its citizens by deploying and 
maintaining a next-generation missile defense shield; 
and 
‘‘(2) to deter, and defend the citizens and critical 
infrastructure of the United States against, any for-
eign aerial attack on the homeland.’’. 
SEC. 1642. GOLDEN DOME FOR AMERICA. 
(a) PLAN.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional de-
fense committees a plan for the development and de-
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00880
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
881 
ployment of a next-generation air and missile defense 
architecture pursuant to Executive Order 14186 (90 
Fed. Reg. 8767), or such successor order. 
(2) ELEMENTS.—The plan under paragraph (1) 
shall include the following: 
(A) An updated assessment of air and mis-
sile threats to the United States. 
(B) A description of the system architecture 
of the next-generation air and missile defense ar-
chitecture, including— 
(i) the identification of each capa-
bility, program, and project considered to be 
part of such architecture; 
(ii) a preliminary description of, cost 
estimate for, and schedule to achieve— 
(I) initial operational capability; 
and 
(II) full operational capability; 
(iii) a description of relevant concepts 
of operations; 
(iv) a plan with respect to integrating 
and maximizing interoperability of capa-
bilities included in such architecture; 
(v) a description of ground segment re-
quirements to support the development and 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00881
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
882 
deployment of space-based capabilities in-
cluded in such architecture; and 
(vi) an identification of requirements 
with respect to the electromagnetic spectrum 
for the development and deployment of ca-
pabilities included in such architecture. 
(C) An organizational construct defining 
roles and responsibilities for each participating 
element of the Department of Defense. 
(D) An assessment of on-orbit testing and 
training requirements necessary for developing 
capabilities and ensuring long-term warfighting 
readiness of such architecture. 
(E) A strategy for ensuring supply chain 
security and resilience. 
(F) Identification of any additional legal 
authorities necessary to carry out or expedite the 
development and deployment of such architec-
ture. 
(G) Any other matters the Secretary con-
siders relevant. 
(3) UPDATES.—Concurrent with the submission 
of the budget of the President to Congress pursuant to 
section 1105(a) of title 31, United States Code, for 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00882
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
883 
each of fiscal years 2028 through 2030, the Secretary 
shall submit to the congressional defense committees— 
(A) an update to the plan under paragraph 
(1); and 
(B) a consolidated budget exhibit identi-
fying funding requested for the systems architec-
ture described in the plan, including specific ap-
propriation and line numbers, where appro-
priate. 
(b) THEATER MISSILE DEFENSE POSTURE.—Not later 
than one year after the date of the enactment of this Act, 
the Secretary shall submit to the congressional defense com-
mittees a report— 
(1) assessing the theater missile defense posture 
of the United States, including changes in the missile 
threat environment with respect to allies and partners 
of the United States and forward-deployed forces of 
the United States; and 
(2) making recommendations, as appropriate, 
to— 
(A) increase bilateral and multilateral co-
operation on missile defense technology develop-
ment, capabilities, and operations; 
(B) improve theater missile defenses of the 
forward-deployed forces of the United States and 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00883
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
884 
the territories, forces, and populations of allies of 
the United States; and 
(C) increase and accelerate the provision of 
missile defense capabilities of the United States 
to allies and partners of the United States. 
SEC. 1643. PROHIBITION PRIVATIZED OR SUBSCRIPTION- 
BASED MISSILE DEFENSE INTERCEPT CAPA-
BILITIES. 
Subchapter II of chapter 551 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 5516. Prohibition on privatized or subscription- 
based missile defense intercept capabili-
ties 
‘‘(a) PROHIBITION.—The Secretary of Defense may 
only develop, deploy, test, or operate a missile defense sys-
tem with kinetic missile defense capabilities if— 
‘‘(1) the missile defense system is owned and op-
erated by the armed forces; and 
‘‘(2) such capabilities do not use a subscription- 
based service, a pay-for-service model, or a recurring- 
fee model to engage or intercept a target. 
‘‘(b) INHERENTLY GOVERNMENTAL FUNCTION.—The 
decision to engage in kinetic missile defense activities, in-
cluding targeting, launch authorization, and engagement of 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00884
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
885 
airborne or spaceborne threats, is an inherently govern-
mental function that only officers or employees of the Fed-
eral Government or members of the Army, Navy, Air Force, 
Marine Corps, or Space Force may perform. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit the Secretary of Defense 
from— 
‘‘(1) entering into contracts with private entities 
for the research, development, manufacture, mainte-
nance, or testing of missile defense systems; 
‘‘(2) entering into or carrying out co-production 
or co-development arrangements, or other cooperative 
agreements, with allies and partners of the United 
States with respect to missile defense capabilities; or 
‘‘(3) procuring commercial services for remote 
sensing, telemetry, threat tracking, data analysis, 
data transport, or early warning, if such services do 
not directly involve the execution or command of ki-
netic missile defense activities. 
‘‘(d) DEFINITIONS.—For the purposes of this section: 
‘‘(1) The term ‘kinetic missile defense activities’ 
means any action intended to physically intercept, 
neutralize, or destroy a missile, projectile, aircraft, or 
other airborne threat, including those using kinetic 
interceptors or directed energy. 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00885
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
886 
‘‘(2) The term ‘kinetic missile defense capabili-
ties’ means any system or platform that is designed 
to be able to carry out kinetic missile defense activi-
ties. 
‘‘(3) The term ‘subscription-based service’ means 
any arrangement in which a private entity provides 
ongoing or recurring operational access to missile de-
fense capabilities in exchange for periodic payment.’’. 
Subtitle E—Other Matters 
SEC. 1651. COOPERATIVE THREAT REDUCTION FUNDS. 
(a) FUNDING ALLOCATION.—Of the $282,830,000 au-
thorized to be appropriated to the Department of Defense 
for fiscal year 2026 in section 301 and made available by 
the funding table in division D for the Department of De-
fense Cooperative Threat Reduction Program established 
under section 1321 of the Department of Defense Coopera-
tive Threat Reduction Act (50 U.S.C. 3711), the following 
amounts may be obligated for the purposes specified: 
(1) For delivery system threat reduction, 
$6,332,000. 
(2) For chemical security and elimination, 
$18,645,000. 
(3) For global nuclear security, $30,621,000. 
(4) For biological threat reduction, $160,402,000. 
(5) For proliferation prevention, $36,923,000. 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00886
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
887 
(6) For activities designated as Other Assess-
ments/Administration Costs, $29,907,000. 
(b) SPECIFICATION OF COOPERATIVE THREAT REDUC-
TION FUNDS.—Funds appropriated pursuant to the author-
ization of appropriations in section 301 and made avail-
able by the funding table in division D for the Department 
of Defense Cooperative Threat Reduction Program shall be 
available for obligation for fiscal years 2026, 2027, and 
2028. 
TITLE XVII—OTHER DEFENSE 
MATTERS 
Subtitle A—Miscellaneous 
Authorities and Limitations 
SEC. 1701. COPYRIGHT TO A LITERARY WORK PRODUCED BY 
A CIVILIAN FACULTY MEMBER OF THE UNI-
FORMED SERVICES UNIVERSITY OF HEALTH 
SCIENCES IN THE COURSE OF SUCH EMPLOY-
MENT: FREE USE BY THE FEDERAL GOVERN-
MENT. 
(a) USE BY FEDERAL GOVERNMENT.—Section 105 of 
title 17, United States Code, is amended, in subsection 
(d)(2)— 
(1) by redesignating subparagraphs (L) through 
(N) as subparagraphs (M) through (O), respectively; 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00887
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
888 
(2) by inserting after subparagraph (K) the fol-
lowing new subparagraph (L): 
‘‘(L) Uniformed Services University of the 
Health Sciences.’’. 
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended, in subsection (c)— 
(1) in paragraph (1), by striking ‘‘subpara-
graphs (A) through (K) of subsection (d)(2) and sub-
paragraph (L)’’ and inserting ‘‘subparagraphs (A) 
through (L) of subsection (d)(2) and subparagraph 
(M)’’; 
(2) in paragraph (2), by striking ‘‘subsection 
(d)(2)(L)’’ and inserting ‘‘subsection (d)(2)(M)’’; 
(3) in paragraph (3), by striking ‘‘subsection 
(d)(2)(M)’’ and inserting ‘‘subsection (d)(2)(N)’’; and 
(4) in paragraph (4), by striking ‘‘subsection 
(d)(2)(N)’’ and inserting ‘‘subsection (d)(2)(O)’’. 
SEC. 1702. COMBATING ILLICIT TOBACCO PRODUCTS. 
(a) IN GENERAL.—Beginning not later than 120 days 
after the date of the enactment of this Act, no exchange or 
commissary operated by or for a military resale entity shall 
offer for sale any ENDS product or oral nicotine product 
unless the manufacturer of such product executes and deliv-
ers to the appropriate officer for each military resale entity 
a certification form for each ENDS product or oral nicotine 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00888
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
889 
product offered for retail sale at an exchange or commissary 
that attests under penalty of perjury the following: 
(1) The manufacturer has received a marketing 
granted order for such product under section 910 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
387j). 
(2) The manufacturer submitted a timely filed 
premarket tobacco product application for such prod-
uct, and the application either remains under review 
by the Secretary or has received a denial order that 
has been and remains stayed by the Secretary or 
court order, rescinded by the Secretary, or vacated by 
a court. 
(b) FAILURE TO SUBMIT CERTIFICATION.—A manu-
facturer shall submit the certification forms required in 
subsection (a) on an annual basis. Failure to submit such 
forms to a military resale entity as required under the pre-
ceding sentence shall result in the removal of the relevant 
ENDS product or oral nicotine product from sale at such 
military resale entity. 
(c) CERTIFICATION CONTENTS.— 
(1) IN GENERAL.—A certification form required 
under subsection (a) shall separately list each brand 
name, product name, category (such as e-liquid, 
power unit, device, e-liquid cartridge, e-liquid pod, or 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00889
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
890 
disposable), and flavor for each product that is sold 
offered for sale by the manufacturer submitting such 
form. 
(2) OTHER ITEMS.—A manufacturer shall, when 
submitting a certification under subsection (a), in-
clude in that submission— 
(A) a copy of the publicly available mar-
keting granted order under section 910 of the 
Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 387j), as redacted by the Secretary and 
made available on the agency website; 
(B) a copy of the acceptance letter issued 
under such section for a timely filed premarket 
tobacco product application; or 
(C) a document issued by Secretary or by a 
court confirming that the premarket tobacco 
product application has received a denial order 
that has been and remains stayed by the Sec-
retary or court order, rescinded by the Secretary, 
or vacated by a court. 
(d) DEVELOPMENT OF FORMS AND PUBLICATION.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, each military 
resale entity shall— 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00890
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
891 
(A) develop and make public the certifi-
cation form such resale entity will require a 
manfacturer to submit to meet the requirement 
under subsection (a); and 
(B) provide instructions on how such cer-
tification form shall be submitted to the relevant 
military resale entity. 
(2) SUBMISSION IN CASE OF FAILURE TO PUB-
LISH FORM.—If a military resale entity fails to pre-
pare and make public such certification form, a man-
ufacturer may submit information necessary to prove 
compliance with the requirements of this section. 
(e) CHANGES TO CERTIFICATION FORM.—A manufac-
turer that submits a certification form under subsection (a) 
shall notify each relevant military resale entity to which 
such certification was submitted not later than 30 days 
after making any material change to the certification form, 
including— 
(1) the issuance or denial of a marketing author-
ization or other order by the Secretary pursuant to 
section 910 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 387j); or 
(2) any other order or action by the Secretary or 
any court that affects the ability of the ENDS prod-
uct or oral nicotine product to be introduced or deliv-
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00891
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
892 
ered into interstate commerce for commercial dis-
tribution in the United States. 
(f) DIRECTORY.— 
(1) IN GENERAL.—No later than 180 days after 
the enactment of this Act, each military resale entity 
shall maintain and make publicly available on its of-
ficial website a directory that lists all ENDS product 
and oral nicotine product manufacturers and all 
product brand names, categories (such as e-liquid, e- 
liquid cartridge, e-liquid pod, or disposable), product 
names, and flavors for which certification forms have 
been submitted and approved by the relevant military 
resale entity. 
(2) UPDATES.—Each military resale entity 
shall— 
(A) update the directory under paragraph 
(1) at least monthly to ensure accuracy; and 
(B) establish a process to provide each ex-
change or commissary notice of the initial publi-
cation of the directory and changes made to the 
directory in the prior month. 
(3) EXCLUSIONS
AND
REMOVALS.—An ENDS 
product or oral nicotine product shall not be included 
or retained in a directory of a military resale entity 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00892
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS
893 
if the relevant military resale entity determines that 
any of the following apply: 
(A) The manufacturer failed to provide a 
complete and accurate certification as required 
by this section. 
(B) The manufacturer submitted a certifi-
cation that does not comply with the require-
ments of this section. 
(C) The information provided by the manu-
facturer in its certification contains false infor-
mation, material misrepresentations, or omis-
sions. 
(4) NOTICE REQUIRED.—In the case of a re-
moval of a product from a directory under paragraph 
(3), the relevant military resale entity shall provide 
to the manufacturer involved notice and at least 30 
days to cure deficiencies before removing the manufac-
turer or its products from the directory. 
(5) EFFECT OF REMOVAL.—The ENDS product 
or oral nicotine product of a manufacturer identified 
in a notice of removal under paragraph (3) are, be-
ginning on the date that is 30 days after such re-
moval, subject to seizure, forfeiture, and destruction, 
and may not be purchased or sold for retail sale at 
VerDate Sep 11 2014 
20:10 Aug 19, 2025
Jkt 059200
PO 00000
Frm 00893
Fmt 6652
Sfmt 6203
E:\BILLS\H3838.RH
H3838
ssavage on LAPJG3WLY3PROD with BILLS