II 

118TH CONGRESS 

2D SESSION S. 4651 

To require agencies 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 

JULY 10, 2024 

Mr. CORNYN (for himself and Mr. PETERS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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 in 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 of title 41, United States Code; and 

20 (B) includes information and communica21 tions technologies covered by definitions con22 tained in the Federal Acquisition Regulation, 

23 including definitions added after the date of the 

24 enactment of this Act by the Federal AcquisiVerDate Sep 11 2014 04:07 Jul 12, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4651.IS S4651

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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— 

24 (A) the waiver is necessary in the interest 

25 of national security; or 


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1 (B) procuring, obtaining, or using the cov2 ered product is necessary— 

3 (i) for the purpose of scientifically 

4 valid research (as defined in section 102 

5 the Education Sciences Reform Act of 

6 2002 (20 U.S.C. 9501)); or 

7 (ii) to avoid jeopardizing the perform8 ance of mission critical functions. 

9 (2) NOTICE.—The notice described in para10 graph (1)— 

11 (A) shall— 

12 (i) specify, with respect to the waiver 

13 under paragraph (1)— 

14 (I) the justification for the waiv15 er; 

16 (II) any security mitigations that 

17 have been implemented; and 

18 (III) with respect to a waiver 

19 that necessitates a security mitigation, 

20 the plan of action and milestones to 

21 avoid future waivers for subsequent 

22 similar purchases; and 

23 (ii) be submitted in an unclassified 

24 form; and 

25 (B) may include a classified annex. 


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

2 the purpose of research, as described in paragraph 

3 (1)(B)(i), the waiver shall be effective for the dura4 tion of the research identified in the waiver. 

5 (d) REPORTS TO CONGRESS.— 

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

7 the date of enactment of this Act, and annually 

8 thereafter until the date that is 6 years after the 

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

10 Office of Management and Budget shall submit to 

11 the appropriate congressional committees a report 

12 that lists— 

13 (A) the number and types of covered prod14 ucts for which a waiver under subsection (c)(1) 

15 was granted during the 1-year period preceding 

16 the date of the submission of the report; and 

17 (B) the legal authority under which each 

18 waiver described in subparagraph (A) was 

19 granted, such as whether the waiver was grant20 ed pursuant to subparagraph (A) or (B) of sub21 section (c)(1). 

22 (2) CLASSIFICATION OF REPORT.—Each report 

23 submitted under this subsection— 

24 (A) shall be submitted in unclassified form; 

25 and 


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1 (B) may include a classified annex that 

2 contains the information described in paragraph 

3 (1)(B). 

4 (e) EFFECTIVE DATE.—This section shall take effect 

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

6 of this Act. 

Æ 


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