S.Amdt. 3519

SA 3519, submitted by Mr. Cornyn and Mr. Peters, aims to add Section 881, "Agency Use of IT Products," to the end of subtitle E of title VIII of bill S. 2296.

The purpose of this amendment is to restrict how the Secretary of Defense obtains certain technology products. Specifically, it creates a prohibition against procuring, obtaining, renewing contracts for, or using covered products unless they are sourced from:

• An original equipment manufacturer
• An authorized reseller

The amendment provides a process for the Secretary of Defense to waive this prohibition if the product is needed for scientifically valid research or to avoid risking mission critical functions. If a waiver is used, the Secretary must notify congressional defense committees and declare that the product is not from an entity controlled by or under the influence of a foreign adversary.

Additionally, the amendment requires the following:

• The Secretary of Defense must create guidance to help ineligible entities learn how to become authorized resellers.
• The Secretary of Defense must provide annual reports to the House and Senate Committees on Armed Services for six years regarding the number and types of waivers granted.
• No additional funds are authorized to carry out this section.