[Congressional Record Volume 172, Number 103 (Thursday, June 18, 2026)]
[Senate]
[Pages S2962-S2963]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5866. Mr. CORNYN (for himself and Mr. Peters) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 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, add the following:
SEC. 823. AGENCY USE OF IT PRODUCTS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight of the
House of Representatives.
(2) Authorized reseller.--The term ``authorized reseller''
means a reseller, after market manufacturer, supplier, or
distributor of a covered product that--
(A) has a direct or prime contractual arrangement with, or
the express written authority of, the eligible original
equipment manufacturer of the covered product to manufacture,
buy, stock, repackage, sell, resell, repair, service,
otherwise support, or distribute the covered product; and
(B) has not been found to be subject to criminal liability
pursuant to sections 2318, 2319, or 2320 of title 18, United
States Code, or civil liability pursuant to sections 42 or 43
of the Act entitled ``An Act to provide for the registration
and protection of trademarks used in commerce, to carry out
the provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (commonly referred to
as the ``Trademark Act of 1946''; 15 U.S.C. 1124, 1125).
(3) 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.
(4) Eligible original equipment manufacturer.--The term
``eligible original equipment manufacturer'' means a company
that--
(A) manufactures a covered product that the company--
(i) designed from self-sourced or purchased components; and
(ii) sells under the name of the company; and
(B) has not been found to be subject to criminal liability
pursuant to sections 2318, 2319, or 2320 of title 18, United
States Code, or civil liability pursuant to sections 42 or 43
of the Act entitled ``An Act to provide for the registration
and protection of trademarks used in commerce, to carry out
the provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (commonly referred to
as the ``Trademark Act of 1946''; 15 U.S.C. 1124, 1125).
(5) End-use product.--The term ``end-use product'' means a
product ready for use by the maintainer, integrator, or end
user of the product.
(6) 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.
(b) Prohibition on Procurement and Use.--Subject to
subsection (c) 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 an eligible original equipment manufacturer or an
authorized reseller.
(c) Waiver.--
(1) In general.--Upon notice to appropriate congressional
committees, the Secretary of Defense may waive the
prohibition under subsection (b) with respect to a covered
product if the Secretary determines that procuring,
obtaining, or using the covered product is necessary--
(A) 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
(B) 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) provide a declaration that covered product is not
being purchased from an entity that is under the influence or
control of a foreign adversary; and
(iii) 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)(A), the waiver shall
be effective for the duration of the research identified in
the waiver.
(d) Vendor Technical Assistance.--The Secretary of Defense
shall establish procurement guidance to provide assistance to
entities that are not eligible for procurements of covered
products due to the prohibition under subsection (b) on the
process of becoming an authorized reseller for covered
products.
(e) 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
Secretary of Defense shall submit to the appropriate
congressional committees a report that provides--
(A) the number and types of covered products for which a
waiver under subsection (c)(1) was granted during the 1-year
period preceding the date of the submission of the report;
(B) the legal authority under which each waiver described
in subparagraph (A) was granted, such as whether the waiver
was granted pursuant to subparagraph (A) or (B) of subsection
(c)(1); and
(C) any actions taken by the Secretary to reduce the number
of waivers issued by the Department of Defense under
subsection (c)(1) with the goal of achieving full compliance
with the prohibition under subsection (b).
(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).
(f) Redress Process.--
(1) Notice.--Not later than 30 days after the date on which
the Director of the Office of Management and Budget
determines that an entity is not an eligible original
equipment manufacturer or an authorized reseller, the
Director of the Office of Management and Budget shall issue
to the entity a notice of the determination--
(A) advising the entity of the determination;
(B) identifying the criteria relied upon and the
information that formed the basis for the determination;
(C) advising that, not later 90 days after the date of
receipt of the notice, the entity may submit to the Director
of the Office of Management and Budget a request to rescind
the determination with information and argument in opposition
to the determination;
(D) describing the procedures governing the review and
possible issuance of a determination; and
(E) where practicable, identifying mitigation steps that
could be taken by the entity that may result in the
rescission of the determination.
(2) Congressional notification requirements.--
(A) Notice of designation.--Not later than 30 days after
the date on which the Director of the Office of Management
and Budget issues a notice to an entity under paragraph (1),
the Director of the Office of Management and Budget shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Accountability of the House of Representatives the notice.
(B) Information and argument in opposition to
determinations.--Not later than 30
[[Page S2963]]
days after the date on which the Director of the Office of
Management and Budget receives any information and argument
in opposition to a determination pursuant to paragraph
(1)(C), the Director of the Office of Management and Budget
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives
such information.
(g) No New Funds.--No additional amounts are authorized to
be appropriated for the purpose of carrying out this section.
(h) Effective Date.--This section shall take effect on the
date that is 1 year after the date of enactment of this Act.
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