[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.
                                 ______