[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5014-S5015]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2719. Mr. CORNYN (for himself and Mr. Peters) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, insert the
following:
SECTION 829. USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY
PRODUCTS BY THE DEPARTMENT OF DEFENSE.
(a) Prohibition on Procurement and Use.--Subject to
subsection (b) and notwithstanding sections 1905 through 1907
of title 41, United States Code, the Secretary of Defense may
not procure or obtain, renew a contract to procure or obtain,
or use a covered product that is procured from an entity
other than--
(1) an original equipment manufacturer; or
(2) an authorized reseller.
(b) Waiver.--
(1) In general.--Upon written notice to the Director of the
Office of Management and Budget, the Secretary of Defense may
waive the prohibition under subsection (a) with respect to a
covered product if the Secretary determines that--
(A) the waiver is necessary in the interest of national
security; or
(B) procuring, obtaining, or using the covered product is
necessary--
(i) for the purpose of scientifically valid research (as
defined in section 102 the Education Sciences Reform Act of
2002 (20 U.S.C. 9501)); or
(ii) to avoid jeopardizing the performance of mission
critical functions.
(2) Notice.--The notice described in paragraph (1)--
(A) shall--
(i) specify, with respect to the waiver under paragraph
(1)--
(I) the justification for the waiver;
(II) any security mitigations that have been implemented;
and
(III) with respect to a waiver that necessitates a security
mitigation, the plan of action and milestones to avoid future
waivers for subsequent similar purchases; and
(ii) be submitted in an unclassified form; and
(B) may include a classified annex.
(3) Duration.--With respect to a waiver for the purpose of
research, as described in paragraph (1)(B)(i), the waiver
shall be effective for the duration of the research
identified in the waiver.
(c) Reports to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the date
that is 6 years after the date of enactment of this Act, the
Director of the Office of Management and Budget shall submit
to the congressional defense committees a report that lists--
(A) the number and types of covered products for which a
waiver under subsection (b)(1) was granted during the 1-year
period preceding the date of the submission of the report;
and
(B) the legal authority under which each waiver described
in subparagraph (A) was
[[Page S5015]]
granted, such as whether the waiver was granted pursuant to
subparagraph (A) or (B) of subsection (b)(1).
(2) Classification of report.--Each report submitted under
this subsection--
(A) shall be submitted in unclassified form; and
(B) may include a classified annex that contains the
information described in paragraph (1)(B).
(d) Effective Date.--This section shall take effect on the
date that is 1 year after the date of enactment of this Act.
(e) Definitions.--In this section:
(1) Authorized reseller.--The term ``authorized reseller''
means a reseller, after market manufacturer, supplier, or
distributor of a covered product with a direct or prime
contractual arrangement with, or the express written
authority of, the original equipment manufacturer of the
covered product to manufacture, buy, stock, repackage, sell,
resell, repair, service, otherwise support, or distribute the
covered product.
(2) Covered product.--The term ``covered product''--
(A) means an information and communications technology end-
use hardware product or component, including software and
firmware that comprise the end-use hardware product or
component; and
(B) does not include--
(i) other software; or
(ii) an end-use hardware product--
(I) in which there is embedded information and
communications technology; and
(II) the principal function of which is not the creation,
manipulation, storage, display, receipt, or transmission of
electronic data and information.
(3) End-use product.--The term ``end-use product'' means a
product ready for use by the maintainer, integrator, or end
user of the product.
(4) Information and communications technology.--The term
``information and communications technology''--
(A) has the meaning given the term in section 4713 of title
41, United States Code; and
(B) includes information and communications technologies
covered by definitions contained in the Federal Acquisition
Regulation, including definitions added after the date of the
enactment of this Act by the Federal Acquisition Regulatory
Council pursuant to notice and comment.
(5) Original equipment manufacturer.--The term ``original
equipment manufacturer'' means a company that manufactures a
covered product that the company--
(A) designed from self-sourced or purchased components; and
(B) sells under the name of the company.
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