[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1362 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
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
April 9, 2025
Mr. Cornyn (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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America's Federal Equipment
Supply Chains Act'' or the ``SAFE Supply Chains Act''.
SEC. 2. AGENCY USE OF IT PRODUCTS.
(a) Definitions.--In this section:
(1) Authorized reseller.--The term ``authorized reseller''
means a reseller, after market manufacturer, supplier, or
distributor of a covered product with a direct or prime
contractual arrangement with, or the express written authority
of, the original equipment manufacturer of the covered product
to manufacture, buy, stock, repackage, sell, resell, repair,
service, otherwise support, or distribute the covered product.
(2) Covered product.--The term ``covered product''--
(A) means an information and communications
technology end-use hardware product or component,
including software and firmware that comprise the end-
use hardware product or component; and
(B) does not include--
(i) other software; or
(ii) an end-use hardware product--
(I) in which there is embedded
information and communications
technology; and
(II) the principal function of
which is not the creation,
manipulation, storage, display,
receipt, or transmission of electronic
data and information.
(3) End-use product.--The term ``end-use product'' means a
product ready for use by the maintainer, integrator, or end
user of the product.
(4) Information and communications technology.--The term
``information and communications technology''--
(A) has the meaning given the term in section 4713
of title 41, United States Code; and
(B) includes information and communications
technologies covered by definitions contained in the
Federal Acquisition Regulation, including definitions
added after the date of the enactment of this Act by
the Federal Acquisition Regulatory Council pursuant to
notice and comment.
(5) Original equipment manufacturer.--The term ``original
equipment manufacturer'' means a company that manufactures a
covered product that the company--
(A) designed from self-sourced or purchased
components; and
(B) sells under the name of the company.
(b) Prohibition on Procurement and Use.--Subject to subsection (c)
and notwithstanding sections 1905 through 1907 of title 41, United
States Code, the Secretary of Defense may not procure or obtain, renew
a contract to procure or obtain, or use a covered product that is
procured from an entity other than--
(1) an original equipment manufacturer; or
(2) an authorized reseller.
(c) Waiver.--
(1) In general.--Upon notice to congressional defense
committees, the Secretary of Defense may waive the prohibition
under subsection (b) with respect to a covered product if the
Secretary determines that procuring, obtaining, or using the
covered product is necessary--
(A) for the purpose of scientifically valid
research (as defined in section 102 the Education
Sciences Reform Act of 2002 (20 U.S.C. 9501)); or
(B) to avoid jeopardizing the performance of
mission critical functions.
(2) Notice.--The notice described in paragraph (1)--
(A) shall--
(i) specify, with respect to the waiver
under paragraph (1)--
(I) the justification for the
waiver;
(II) any security mitigations that
have been implemented; and
(III) with respect to a waiver that
necessitates a security mitigation, the
plan of action and milestones to avoid
future waivers for subsequent similar
purchases;
(ii) provide a declaration that covered
product is not being purchased from an entity
that is under the influence or control of a
foreign adversary; and
(iii) be submitted in an unclassified form;
and
(B) may include a classified annex.
(3) Duration.--With respect to a waiver for the purpose of
research, as described in paragraph (1)(A), the waiver shall be
effective for the duration of the research identified in the
waiver.
(d) Vendor Technical Assistance.--The Secretary of Defense shall
establish procurement guidance to provide assistance to entities that
are not eligible for procurements of covered products due to the
prohibition under subsection (b) on the process of becoming an
authorized reseller for covered products.
(e) Reports to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the date
that is 6 years after the date of enactment of this Act, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report that provides--
(A) the number and types of covered products for
which a waiver under subsection (c)(1) was granted
during the 1-year period preceding the date of the
submission of the report;
(B) the legal authority under which each waiver
described in subparagraph (A) was granted, such as
whether the waiver was granted pursuant to subparagraph
(A) or (B) of subsection (c)(1); and
(C) any actions taken by the Secretary to reduce
the number of waivers issued by the Department of
Defense under subsection (c)(1) with the goal of
achieving full compliance with the prohibition under
subsection (b).
(2) Classification of report.--Each report submitted under
this subsection--
(A) shall be submitted in unclassified form; and
(B) may include a classified annex that contains
the information described in paragraph (1)(B).
(f) No New Funds.--No additional amounts are authorized to be
appropriated for the purpose of carrying out this Act.
(g) Effective Date.--This section shall take effect on the date
that is 1 year after the date of enactment of this Act.
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