Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1362 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 1362
5	5	To require the Department of Defense to use information and communications
6	6	technology products obtained from original equipment manufacturers or
7	7	authorized resellers, and for other purposes.
8	8	IN THE SENATE OF THE UNITED STATES
9	9	APRIL9, 2025
10	10	Mr. C
11	11	ORNYN(for himself and Mr. PETERS) introduced the following bill;
12	12	which was read twice and referred to the Committee on Armed Services
13	13	A BILL
14	14	To require the Department of Defense to use information
15	15	and communications technology products obtained from
16	16	original equipment manufacturers or authorized resellers,
17	17	and for other purposes.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Securing America’s 4
22	22	Federal Equipment Supply Chains Act’’ or the ‘‘SAFE 5
23	23	Supply Chains Act’’. 6
24	24	SEC. 2. AGENCY USE OF IT PRODUCTS. 7
25	25	(a) D
26	26	EFINITIONS.—In this section: 8
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29	29	•S 1362 IS
30	30	(1) AUTHORIZED RESELLER .—The term ‘‘au-1
31	31	thorized reseller’’ means a reseller, after market 2
32	32	manufacturer, supplier, or distributor of a covered 3
33	33	product with a direct or prime contractual arrange-4
34	34	ment with, or the express written authority of, the 5
35	35	original equipment manufacturer of the covered 6
36	36	product to manufacture, buy, stock, repackage, sell, 7
37	37	resell, repair, service, otherwise support, or dis-8
38	38	tribute the covered product. 9
39	39	(2) C
40	40	OVERED PRODUCT .—The term ‘‘covered 10
41	41	product’’— 11
42	42	(A) means an information and communica-12
43	43	tions technology end-use hardware product or 13
44	44	component, including software and firmware 14
45	45	that comprise the end-use hardware product or 15
46	46	component; and 16
47	47	(B) does not include— 17
48	48	(i) other software; or 18
49	49	(ii) an end-use hardware product— 19
50	50	(I) in which there is embedded 20
51	51	information and communications tech-21
52	52	nology; and 22
53	53	(II) the principal function of 23
54	54	which is not the creation, manipula-24
55	55	tion, storage, display, receipt, or 25
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58	58	•S 1362 IS
59	59	transmission of electronic data and in-1
60	60	formation. 2
61	61	(3) E
62	62	ND-USE PRODUCT.—The term ‘‘end-use 3
63	63	product’’ means a product ready for use by the 4
64	64	maintainer, integrator, or end user of the product. 5
65	65	(4) I
66	66	NFORMATION AND COMMUNICATIONS 6
67	67	TECHNOLOGY.—The term ‘‘information and commu-7
68	68	nications technology’’— 8
69	69	(A) has the meaning given the term in sec-9
70	70	tion 4713 of title 41, United States Code; and 10
71	71	(B) includes information and communica-11
72	72	tions technologies covered by definitions con-12
73	73	tained in the Federal Acquisition Regulation, 13
74	74	including definitions added after the date of the 14
75	75	enactment of this Act by the Federal Acquisi-15
76	76	tion Regulatory Council pursuant to notice and 16
77	77	comment. 17
78	78	(5) O
79	79	RIGINAL EQUIPMENT MANUFACTURER .— 18
80	80	The term ‘‘original equipment manufacturer’’ means 19
81	81	a company that manufactures a covered product 20
82	82	that the company— 21
83	83	(A) designed from self-sourced or pur-22
84	84	chased components; and 23
85	85	(B) sells under the name of the company. 24
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88	88	•S 1362 IS
89	89	(b) PROHIBITION ON PROCUREMENT AND USE.— 1
90	90	Subject to subsection (c) and notwithstanding sections 2
91	91	1905 through 1907 of title 41, United States Code, the 3
92	92	Secretary of Defense may not procure or obtain, renew 4
93	93	a contract to procure or obtain, or use a covered product 5
94	94	that is procured from an entity other than— 6
95	95	(1) an original equipment manufacturer; or 7
96	96	(2) an authorized reseller. 8
97	97	(c) W
98	98	AIVER.— 9
99	99	(1) I
100	100	N GENERAL.—Upon notice to congressional 10
101	101	defense committees, the Secretary of Defense may 11
102	102	waive the prohibition under subsection (b) with re-12
103	103	spect to a covered product if the Secretary deter-13
104	104	mines that procuring, obtaining, or using the cov-14
105	105	ered product is necessary— 15
106	106	(A) for the purpose of scientifically valid 16
107	107	research (as defined in section 102 the Edu-17
108	108	cation Sciences Reform Act of 2002 (20 U.S.C. 18
109	109	9501)); or 19
110	110	(B) to avoid jeopardizing the performance 20
111	111	of mission critical functions. 21
112	112	(2) N
113	113	OTICE.—The notice described in para-22
114	114	graph (1)— 23
115	115	(A) shall— 24
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118	118	•S 1362 IS
119	119	(i) specify, with respect to the waiver 1
120	120	under paragraph (1)— 2
121	121	(I) the justification for the waiv-3
122	122	er; 4
123	123	(II) any security mitigations that 5
124	124	have been implemented; and 6
125	125	(III) with respect to a waiver 7
126	126	that necessitates a security mitigation, 8
127	127	the plan of action and milestones to 9
128	128	avoid future waivers for subsequent 10
129	129	similar purchases; 11
130	130	(ii) provide a declaration that covered 12
131	131	product is not being purchased from an en-13
132	132	tity that is under the influence or control 14
133	133	of a foreign adversary; and 15
134	134	(iii) be submitted in an unclassified 16
135	135	form; and 17
136	136	(B) may include a classified annex. 18
137	137	(3) D
138	138	URATION.—With respect to a waiver for 19
139	139	the purpose of research, as described in paragraph 20
140	140	(1)(A), the waiver shall be effective for the duration 21
141	141	of the research identified in the waiver. 22
142	142	(d) V
143	143	ENDORTECHNICALASSISTANCE.—The Sec-23
144	144	retary of Defense shall establish procurement guidance to 24
145	145	provide assistance to entities that are not eligible for pro-25
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148	148	•S 1362 IS
149	149	curements of covered products due to the prohibition 1
150	150	under subsection (b) on the process of becoming an au-2
151	151	thorized reseller for covered products. 3
152	152	(e) R
153	153	EPORTS TOCONGRESS.— 4
154	154	(1) I
155	155	N GENERAL.—Not later than 1 year after 5
156	156	the date of enactment of this Act, and annually 6
157	157	thereafter until the date that is 6 years after the 7
158	158	date of enactment of this Act, the Secretary of De-8
159	159	fense shall submit to the Committee on Armed Serv-9
160	160	ices of the Senate and the Committee on Armed 10
161	161	Services of the House of Representatives a report 11
162	162	that provides— 12
163	163	(A) the number and types of covered prod-13
164	164	ucts for which a waiver under subsection (c)(1) 14
165	165	was granted during the 1-year period preceding 15
166	166	the date of the submission of the report; 16
167	167	(B) the legal authority under which each 17
168	168	waiver described in subparagraph (A) was 18
169	169	granted, such as whether the waiver was grant-19
170	170	ed pursuant to subparagraph (A) or (B) of sub-20
171	171	section (c)(1); and 21
172	172	(C) any actions taken by the Secretary to 22
173	173	reduce the number of waivers issued by the De-23
174	174	partment of Defense under subsection (c)(1) 24
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177	177	•S 1362 IS
178	178	with the goal of achieving full compliance with 1
179	179	the prohibition under subsection (b). 2
180	180	(2) C
181	181	LASSIFICATION OF REPORT .—Each report 3
182	182	submitted under this subsection— 4
183	183	(A) shall be submitted in unclassified form; 5
184	184	and 6
185	185	(B) may include a classified annex that 7
186	186	contains the information described in paragraph 8
187	187	(1)(B). 9
188	188	(f) N
189	189	ONEWFUNDS.—No additional amounts are au-10
190	190	thorized to be appropriated for the purpose of carrying 11
191	191	out this Act. 12
192	192	(g) E
193	193	FFECTIVEDATE.—This section shall take effect 13
194	194	on the date that is 1 year after the date of enactment 14
195	195	of this Act. 15
196	196	Æ
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