SUBCHAPTER II-LIMITATIONS ON PROCUREMENT OF CERTAIN ITEMS FROM FOREIGN SOURCES

        

Editorial Notes

Amendments

2025- Pub. L. 119–60, div. A, title VIII, §842(a), Dec. 18, 2025, 139 Stat. 973 , added item 4865. Amendment was made pursuant to operation of section 102 of this title.

Voluntary Registration of Compliance With Covered Sourcing Requirements for Covered Products

Pub. L. 119–60, div. A, title VIII, §836, Dec. 18, 2025, 139 Stat. 966 , provided that:

"(a) In General.-Not later than January 1, 2027, the Secretary of Defense shall establish and maintain a publicly available online repository of information provided by an offeror related to the compliance of a covered product with covered sourcing requirements.

"(b) Registration and Attestation Process.-In carrying out subsection (a), the Secretary of Defense shall establish a process under which an offeror may voluntarily submit to the Secretary an attestation relating to the compliance of a covered product with a covered sourcing requirement. Such attestation shall-

"(1) require an offeror to acknowledge liability for making a false attestation in accordance with section 3729 of title 31, United States Code; and

"(2) enable an offeror to register a covered product with the Secretary of Defense by providing-

"(A) a unique product identifier sufficient to distinguish the covered product to be registered from a similar covered product;

"(B) a national stock number (if available), a description of the covered product, or other information related to the form, fit, or function of the covered product; and

"(C) an attestation, including relevant documentation, of the compliance of a covered product with one or more covered sourcing requirements.

"(c) Proof of Registration.-The Secretary of Defense shall issue to an offeror that registers a covered product in accordance with the process established under subsection (b) a proof of registration associated with a unique product identifier of the covered product.

"(d) Availability of Information.-

"(1) Compliance information.-The Secretary of Defense shall make available the information necessary to enable offerors to assess the compliance of a covered product with a covered sourcing requirement.

"(2) Resources.-The Secretary shall ensure that an eligible entity has adequate resources to train offerors about the requirements of this section and to assist an offeror with the registration and attestation process established under subsection (b).

"(e) Encouraging Registration of Products.-The Secretary of Defense shall establish policies and procedures to encourage offerors to register covered products. These policies and procedures shall ensure that-

"(1) offerors are incentivized to disclose any noncompliance with the requirements of this section, with the goal of expanding the number of vendors with products qualified for use by the Department of Defense;

"(2) with respect to any disclosure made under paragraph (1), that such offeror is provided with information and assistance to determine the actions required to remedy such noncompliance in order to meet the criteria to register the product concerned; and

"(3) an offeror making such a disclosure will receive a referral to the appropriate programs or offices of the Department of Defense that are responsible for strengthening the defense industrial base, promoting domestic industry, and accelerating private investment in supply chain technologies that are critical for national security.

"(f) Briefings.-

"(1) Initial briefing.-Not later than May 1, 2026, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on-

"(A) the process established under subsection (b) to allow an offeror to voluntarily submit an attestation of compliance of a covered product in the repository; and

"(B) the progress made in establishing the repository required by subsection (a).

"(2) Interim briefing.-

"(A) In general.-Not later than May 1, 2027, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives an interim briefing on the establishment of the repository required by subsection (a), the number and types of the contractors seeking to register covered products in such repository and volunteering to submit attestations for compliance with sourcing requirements under the process established under subsection (b).

"(B) Contents.-The briefing required by subparagraph (A) shall include an assessment of the feasibility of using the repository required by subsection (a) to also serve as a common platform for information routinely required for supplier onboarding, qualification, or due diligence review by the Department of Defense or a prime contractor of the Department, including-

"(i) business registration, Data Universal Numbering System number, Commercial and Government Entity code and federal tax identification number;

"(ii) ownership and corporate structure, including any parent company or subsidiaries;

"(iii) country of ownership;

"(iv) small business size classification and North American Industry Classification System code, if applicable; and

"(v) compliance certifications, including certifications for cybersecurity, trade and export controls, anti-corruption policy, and traceability practices.

"(3) Final briefing.-Not later than April 1, 2029, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a final briefing on the success of the repository required under subsection (a) and the process established under subsection (b), including participation statistics and whether or not the Secretary will continue to maintain the repository.

"(g) Definitions.-In this section:

"(1) The term 'covered product' means a good offered for purchase to the Secretary of Defense or as an item of supply for a contractor performing on a contract with the Department of Defense-

"(A) by-

"(i) a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)); or

"(ii) a manufacturer of critical readiness items of supply (as defined in section 1733 of title 10, United States Code); and

"(B) that is subject to a covered sourcing requirement.

"(2) The term 'covered sourcing requirement' means a requirement under any of the following:

"(A) Section 4863 of title 10, United States Code.

"(B) Section 4862 of title 10, United States Code.

"(C) Section 4864 of title 10, United States Code.

"(D) Chapter 83 of title 41, United States Code.

"(3) The term 'eligible entity' means an eligible entity carrying out activities pursuant to a procurement technical assistance program funded under chapter 388 of title 10, United States Code.

"(4) The term 'item of supply' has the meaning given such term in section 108 of title 41, United States Code."