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Code · BILL · 119th Congress · H.R. 3838 (Engrossed in House) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 855

Sec. 855. Voluntary registration of compliance with covered sourcing requirements for covered products

702 words·~3 min read·/bill/119/hr/3838/eh/section-855

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The Secretary of Defense shall establish and maintain a publicly available online repository of information provided by an offeror related to the conformance of a covered product with covered sourcing requirements. Not later than 180 days after the date of the enactment of this Act, 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 process shall— be accessible online; require an offeror to acknowledge liability for making a false attestation in accordance with section 3729 of title 31, United States Code; and enable an offeror to register a covered product with the Secretary of Defense by providing— a unique product identifier sufficient to distinguish the covered product to be registered from a similar covered product; 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 an attestation, including relevant documentation, of the compliance of a covered product with one or more covered sourcing requirements.
The Secretary shall issue to an offeror that registers a covered product in accordance with the process established under subsection (b)(3) a proof of registration associated with a the unique product identifier of the covered product. The proof of registration may be used— by the offeror in sales and marketing materials associated with the registered covered product; or by a prime contractor that uses such registered covered product as a part or component of an end item. The Secretary shall make available the information necessary to enable offerors to assess the compliance of a covered product with a covered sourcing requirement.
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). The Secretary shall establish policies and procedures to encourage offerors to register covered products. These policies and procedures shall ensure that— offerors are incentivized to disclose any noncompliance with the requirements of this section; 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 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.
The Secretary shall encourage an offeror to implement and use supply chain illumination (as defined in section 849 of the National Defense Authorization Act for Fiscal Year 2025, as amended by section 852 of this Act) to assist in meeting the registration and attestation requirements established under subsection (b). In this section: The term covered product means— a good offered for purchase to the Secretary of Defense; and subject to a covered sourcing requirement. The term covered sourcing requirement means a requirement under any of the following:
Section 4872 of title 10 United States Code. Section 4863 of title 10, United States Code. Section 4862 of title 10, United States Code. Section 4864 of title 10, United States Code. Chapter 83 of title 41, United States Code. Section 846 of the National Defense Authorization Act for Fiscal Year 2011 ( 10 U.S.C. 4864 note). Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 ( 10 U.S.C. 4651 note prec.). Section 225.7004-5 of the Department of Defense Supplement to the Federal Acquisition Regulation (relating to restrictions on procurement of welded shipboard anchor and mooring chain).
Section 225.7011 of the Department of Defense Supplement to the Federal Acquisition Regulation (relating to restrictions on procurement of carbon, alloy, or armor steel plates). Section 225.7012 of the Department of Defense Supplement to the Federal Acquisition Regulation (relating to restrictions on procurement of supercomputers). 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.
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Sec. 855
Voluntary registration of compliance with covered sourcing requirements for covered products
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