I 

118TH CONGRESS 

2D SESSION H. R. 9500 

To require agencies to use information and communications technology products obtained from original equipment manufacturers or authorized resellers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 9, 2024 

Mr. FALLON introduced the following bill; which was referred to the 

Committee on Oversight and Accountability 

A BILL 

To require agencies to use information and communications 

technology products obtained from original equipment 

manufacturers or authorized resellers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing America’s 

5 Federal Equipment Supply Chains Act’’ or the ‘‘SAFE 

6 Supply Chains Act’’. 

7 SEC. 2. AGENCY USE OF IT PRODUCTS. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) AGENCY.—The term ‘‘agency’’ has the 

2 meaning given the term in section 3502 of title 44, 

3 United States Code. 

4 (2) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means the Committee on Homeland Secu7 rity and Governmental Affairs of the Senate and the 

8 Committee on Oversight and Accountability of the 

9 House of Representatives. 

10 (3) AUTHORIZED RESELLER.—The term ‘‘au11 thorized reseller’’ means a reseller, after market 

12 manufacturer, supplier, or distributor of a covered 

13 product with a direct or prime contractual arrange14 ment with, or the express written authority of, the 

15 original equipment manufacturer of the covered 

16 product to manufacture, buy, stock, repackage, sell, 

17 resell, repair, service, otherwise support, or dis18 tribute the covered product. 

19 (4) COVERED PRODUCT.—The term ‘‘covered 

20 product’’— 

21 (A) means an information and communica22 tions technology end-use hardware product or 

23 component, including software and firmware 

24 that comprise the end-use hardware product or 

25 component; and 


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1 (B) does not include— 

2 (i) other software; or 

3 (ii) an end-use hardware product— 

4 (I) in which there is embedded 

5 information and communications tech6 nology; and 

7 (II) the principal function of 

8 which is not the creation, manipula9 tion, storage, display, receipt, or 

10 transmission of electronic data and in11 formation. 

12 (5) END-USE PRODUCT.—The term ‘‘end-use 

13 product’’ means a product ready for use by the 

14 maintainer, integrator, or end user of the product. 

15 (6) INFORMATION AND COMMUNICATIONS

16 TECHNOLOGY.—The term ‘‘information and commu17 nications technology’’— 

18 (A) has the meaning given the term in sec19 tion 4713(k) of title 41, United States Code; 

20 and 

21 (B) includes information and communica22 tions technologies covered by definitions con23 tained in the Federal Acquisition Regulation, 

24 including definitions added after the date of the 

25 enactment of this Act by the Federal AcquisiVerDate Sep 11 2014 07:14 Sep 12, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9500.IH H9500

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1 tion Regulatory Council pursuant to notice and 

2 comment. 

3 (7) ORIGINAL EQUIPMENT MANUFACTURER.— 

4 The term ‘‘original equipment manufacturer’’ means 

5 a company that manufactures a covered product 

6 that the company— 

7 (A) designed from self-sourced or pur8 chased components; and 

9 (B) sells under the name of the company. 

10 (b) PROHIBITION ON PROCUREMENT AND USE.— 

11 Subject to subsection (c) and notwithstanding sections 

12 1905 through 1907 of title 41, United States Code, the 

13 head of an agency may not procure or obtain, renew a 

14 contract to procure or obtain, or use a covered product 

15 that is procured from an entity other than— 

16 (1) an original equipment manufacturer; or 

17 (2) an authorized reseller. 

18 (c) WAIVER.— 

19 (1) IN GENERAL.—Upon written notice to the 

20 Director of the Office of Management and Budget, 

21 the head of an agency may waive the prohibition 

22 under subsection (b) with respect to a covered prod23 uct if the head of the agency determines that pro24 curing, obtaining, or using the covered product is 

25 necessary— 


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1 (A) for the purpose of scientifically valid 

2 research (as defined in section 102 the Edu3 cation Sciences Reform Act of 2002 (20 U.S.C. 

4 9501)); or 

5 (B) to avoid jeopardizing the performance 

6 of mission critical functions. 

7 (2) NOTICE.—The notice described in para8 graph (1)— 

9 (A) shall— 

10 (i) specify, with respect to the waiver 

11 under paragraph (1)— 

12 (I) the justification for the waiv13 er; 

14 (II) any security mitigations that 

15 have been implemented; and 

16 (III) with respect to a waiver 

17 that necessitates a security mitigation, 

18 the plan of action and milestones to 

19 avoid future waivers for subsequent 

20 similar purchases; and 

21 (ii) be submitted in an unclassified 

22 form; and 

23 (B) may include a classified annex. 

24 (3) DURATION.—With respect to a waiver for 

25 the purpose of research, as described in paragraph 


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1 (1)(A), the waiver shall be effective for the duration 

2 of the research identified in the waiver. 

3 (d) VENDOR TECHNICAL ASSISTANCE.—The head of 

4 each agency shall establish procurement guidance to pro5 vide assistance to entities that are not eligible for procure6 ments of covered products due to the prohibition under 

7 subsection (b) on the process of becoming an authorized 

8 reseller for covered products. 

9 (e) REPORTS TO CONGRESS.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, and annually 

12 thereafter until the date that is 6 years after the 

13 date of enactment of this Act, the Director of the 

14 Office of Management and Budget shall submit to 

15 the appropriate congressional committees a report 

16 that provides— 

17 (A) the number and types of covered prod18 ucts for which a waiver under subsection (c)(1) 

19 was granted during the 1-year period preceding 

20 the date of the submission of the report; 

21 (B) the legal authority under which each 

22 waiver described in subparagraph (A) was 

23 granted, such as whether the waiver was grant24 ed pursuant to subparagraph (A) or (B) of sub25 section (c)(1); and 


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1 (C) any action taken by the head of an 

2 agency to reduce the number of waivers issued 

3 by the agency under subsection (c)(1) with the 

4 goal of achieving full compliance with the prohi5 bition under subsection (b). 

6 (2) CLASSIFICATION OF REPORT.—Each report 

7 submitted under this subsection— 

8 (A) shall be submitted in unclassified form; 

9 and 

10 (B) may include a classified annex that 

11 contains the information described in paragraph 

12 (1)(B). 

13 (f) NO NEW FUNDS.—No additional amounts are au14 thorized to be appropriated for the purpose of carrying 

15 out this Act. 

16 (g) EFFECTIVE DATE.—This section shall take effect 

17 on the date that is 1 year after the date of enactment 

18 of this Act. 

Æ 


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