II
119THCONGRESS
1
STSESSION S. 1362
To require the Department of Defense to use information and communications
technology products obtained from original equipment manufacturers or
authorized resellers, and for other purposes.
IN THE SENATE OF THE UNITED STATES
APRIL9, 2025
Mr. C
ORNYN(for himself and Mr. PETERS) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
A BILL
To require the Department of Defense to use information
and communications technology products obtained from
original equipment manufacturers or authorized resellers,
and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Securing America’s 4
Federal Equipment Supply Chains Act’’ or the ‘‘SAFE 5
Supply Chains Act’’. 6
SEC. 2. AGENCY USE OF IT PRODUCTS. 7
(a) D
EFINITIONS.—In this section: 8
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(1) AUTHORIZED RESELLER .—The term ‘‘au-1
thorized reseller’’ means a reseller, after market 2
manufacturer, supplier, or distributor of a covered 3
product with a direct or prime contractual arrange-4
ment with, or the express written authority of, the 5
original equipment manufacturer of the covered 6
product to manufacture, buy, stock, repackage, sell, 7
resell, repair, service, otherwise support, or dis-8
tribute the covered product. 9
(2) C
OVERED PRODUCT .—The term ‘‘covered 10
product’’— 11
(A) means an information and communica-12
tions technology end-use hardware product or 13
component, including software and firmware 14
that comprise the end-use hardware product or 15
component; and 16
(B) does not include— 17
(i) other software; or 18
(ii) an end-use hardware product— 19
(I) in which there is embedded 20
information and communications tech-21
nology; and 22
(II) the principal function of 23
which is not the creation, manipula-24
tion, storage, display, receipt, or 25
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transmission of electronic data and in-1
formation. 2
(3) E
ND-USE PRODUCT.—The term ‘‘end-use 3
product’’ means a product ready for use by the 4
maintainer, integrator, or end user of the product. 5
(4) I
NFORMATION AND COMMUNICATIONS 6
TECHNOLOGY.—The term ‘‘information and commu-7
nications technology’’— 8
(A) has the meaning given the term in sec-9
tion 4713 of title 41, United States Code; and 10
(B) includes information and communica-11
tions technologies covered by definitions con-12
tained in the Federal Acquisition Regulation, 13
including definitions added after the date of the 14
enactment of this Act by the Federal Acquisi-15
tion Regulatory Council pursuant to notice and 16
comment. 17
(5) O
RIGINAL EQUIPMENT MANUFACTURER .— 18
The term ‘‘original equipment manufacturer’’ means 19
a company that manufactures a covered product 20
that the company— 21
(A) designed from self-sourced or pur-22
chased components; and 23
(B) sells under the name of the company. 24
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(b) PROHIBITION ON PROCUREMENT AND USE.— 1
Subject to subsection (c) and notwithstanding sections 2
1905 through 1907 of title 41, United States Code, the 3
Secretary of Defense may not procure or obtain, renew 4
a contract to procure or obtain, or use a covered product 5
that is procured from an entity other than— 6
(1) an original equipment manufacturer; or 7
(2) an authorized reseller. 8
(c) W
AIVER.— 9
(1) I
N GENERAL.—Upon notice to congressional 10
defense committees, the Secretary of Defense may 11
waive the prohibition under subsection (b) with re-12
spect to a covered product if the Secretary deter-13
mines that procuring, obtaining, or using the cov-14
ered product is necessary— 15
(A) for the purpose of scientifically valid 16
research (as defined in section 102 the Edu-17
cation Sciences Reform Act of 2002 (20 U.S.C. 18
9501)); or 19
(B) to avoid jeopardizing the performance 20
of mission critical functions. 21
(2) N
OTICE.—The notice described in para-22
graph (1)— 23
(A) shall— 24
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(i) specify, with respect to the waiver 1
under paragraph (1)— 2
(I) the justification for the waiv-3
er; 4
(II) any security mitigations that 5
have been implemented; and 6
(III) with respect to a waiver 7
that necessitates a security mitigation, 8
the plan of action and milestones to 9
avoid future waivers for subsequent 10
similar purchases; 11
(ii) provide a declaration that covered 12
product is not being purchased from an en-13
tity that is under the influence or control 14
of a foreign adversary; and 15
(iii) be submitted in an unclassified 16
form; and 17
(B) may include a classified annex. 18
(3) D
URATION.—With respect to a waiver for 19
the purpose of research, as described in paragraph 20
(1)(A), the waiver shall be effective for the duration 21
of the research identified in the waiver. 22
(d) V
ENDORTECHNICALASSISTANCE.—The Sec-23
retary of Defense shall establish procurement guidance to 24
provide assistance to entities that are not eligible for pro-25
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curements of covered products due to the prohibition 1
under subsection (b) on the process of becoming an au-2
thorized reseller for covered products. 3
(e) R
EPORTS TOCONGRESS.— 4
(1) I
N GENERAL.—Not later than 1 year after 5
the date of enactment of this Act, and annually 6
thereafter until the date that is 6 years after the 7
date of enactment of this Act, the Secretary of De-8
fense shall submit to the Committee on Armed Serv-9
ices of the Senate and the Committee on Armed 10
Services of the House of Representatives a report 11
that provides— 12
(A) the number and types of covered prod-13
ucts for which a waiver under subsection (c)(1) 14
was granted during the 1-year period preceding 15
the date of the submission of the report; 16
(B) the legal authority under which each 17
waiver described in subparagraph (A) was 18
granted, such as whether the waiver was grant-19
ed pursuant to subparagraph (A) or (B) of sub-20
section (c)(1); and 21
(C) any actions taken by the Secretary to 22
reduce the number of waivers issued by the De-23
partment of Defense under subsection (c)(1) 24
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with the goal of achieving full compliance with 1
the prohibition under subsection (b). 2
(2) C
LASSIFICATION OF REPORT .—Each report 3
submitted under this subsection— 4
(A) shall be submitted in unclassified form; 5
and 6
(B) may include a classified annex that 7
contains the information described in paragraph 8
(1)(B). 9
(f) N
ONEWFUNDS.—No additional amounts are au-10
thorized to be appropriated for the purpose of carrying 11
out this Act. 12
(g) E
FFECTIVEDATE.—This section shall take effect 13
on the date that is 1 year after the date of enactment 14
of this Act. 15
Æ
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