S.Amdt. 5866

This amendment, proposed by Mr. Cornyn and Mr. Peters, adds a new section called Agency Use of IT Products to the bill. Its main goal is to restrict how the Secretary of Defense buys and uses certain information and communications technology hardware.

Key Changes and Additions:

• Procurement Restrictions: The Secretary of Defense is prohibited from buying, renewing contracts for, or using covered products unless they come from an eligible original equipment manufacturer or an authorized reseller.

• Waivers: The Secretary of Defense can waive this rule if the product is needed for scientifically valid research or to prevent risking mission critical functions. These waivers require notice to congressional committees and a declaration that the product is not from an entity controlled by a foreign adversary.

• Accountability and Reporting:

  • The Secretary of Defense must provide a report to congressional committees annually for six years detailing the number of waivers granted and steps taken to achieve full compliance.
  • The Director of the Office of Management and Budget must notify entities if they are determined to be ineligible, and provide a redress process for those entities to challenge that decision.
  • These notices and the arguments against them must be shared with the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Accountability.

• Support and Funding: The Secretary of Defense must provide guidance to help ineligible entities learn how to become authorized resellers. No new money is provided to carry out these requirements.