II 

Calendar No. 737 

118TH CONGRESS 

2D SESSION S. 4651 

[Report No. 118–317] 

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, Mr. PETERS, and Mr. OSSOFF) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

DECEMBER 19 (legislative day, DECEMBER 16), 2024 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 4651 RS

1 SECTION 1. SHORT TITLE. 

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

3 Federal Equipment in Supply Chains Act’’ or the ‘‘SAFE 

4 Supply Chains Act’’. 

5 SEC. 2. AGENCY USE OF IT PRODUCTS. 

6 (a) DEFINITIONS.—In this section: 

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

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

9 United States Code. 

10 (2) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means the Committee on Homeland Secu13 rity and Governmental Affairs of the Senate and the 

14 Committee on Oversight and Accountability of the 

15 House of Representatives. 

16 (3) AUTHORIZED RESELLER.—The term ‘‘au17 thorized reseller’’ means a reseller, after market 

18 manufacturer, supplier, or distributor of a covered 

19 product with a direct or prime contractual arrange20 ment with, or the express written authority of, the 

21 original equipment manufacturer of the covered 

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

23 resell, repair, service, otherwise support, or dis24 tribute the covered product. 

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

26 product’’— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 4651 RS

1 (A) means an information and communica2 tions technology end-use hardware product or 

3 component, including software and firmware 

4 that comprise the end-use hardware product or 

5 component; and 

6 (B) does not include— 

7 (i) other software; or 

8 (ii) an end-use hardware product— 

9 (I) in which there is embedded 

10 information and communications tech11 nology; and 

12 (II) the principal function of 

13 which is not the creation, manipula14 tion, storage, display, receipt, or 

15 transmission of electronic data and in16 formation. 

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

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

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

20 (6) INFORMATION AND COMMUNICATIONS

21 TECHNOLOGY.—The term ‘‘information and commu22 nications technology’’— 

23 (A) has the meaning given the term in sec24 tion 4713 of title 41, United States Code; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 4651 RS

1 (B) includes information and communica2 tions technologies covered by definitions con3 tained in the Federal Acquisition Regulation, 

4 including definitions added after the date of the 

5 enactment of this Act by the Federal Acquisi6 tion Regulatory Council pursuant to notice and 

7 comment. 

8 (7) ORIGINAL EQUIPMENT MANUFACTURER.— 

9 The term ‘‘original equipment manufacturer’’ means 

10 a company that manufactures a covered product 

11 that the company— 

12 (A) designed from self-sourced or pur13 chased components; and 

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

15 (b) PROHIBITION ON PROCUREMENT AND USE.— 

16 Subject to subsection (c) and notwithstanding sections 

17 1905 through 1907 of title 41, United States Code, the 

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

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

20 that is procured from an entity other than— 

21 (1) an original equipment manufacturer; or 

22 (2) an authorized reseller. 

23 (c) WAIVER.— 

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

25 Director of the Office of Management and Budget, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 4651 RS

1 the head of an agency may waive the prohibition 

2 under subsection (b) with respect to a covered prod3 uct if the head of the agency determines that— 

4 (A) the waiver is necessary in the interest 

5 of national security; or 

6 (B) procuring, obtaining, or using the cov7 ered product is necessary— 

8 (i) for the purpose of scientifically 

9 valid research (as defined in section 102 

10 the Education Sciences Reform Act of 

11 2002 (20 U.S.C. 9501)); or 

12 (ii) to avoid jeopardizing the perform13 ance of mission critical functions. 

14 (2) NOTICE.—The notice described in para15 graph (1)— 

16 (A) shall— 

17 (i) specify, with respect to the waiver 

18 under paragraph (1)— 

19 (I) the justification for the waiv20 er; 

21 (II) any security mitigations that 

22 have been implemented; and 

23 (III) with respect to a waiver 

24 that necessitates a security mitigation, 

25 the plan of action and milestones to 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 4651 RS

1 avoid future waivers for subsequent 

2 similar purchases; and 

3 (ii) be submitted in an unclassified 

4 form; and 

5 (B) may include a classified annex. 

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

7 the purpose of research, as described in paragraph 

8 (1)(B)(i), the waiver shall be effective for the dura9 tion of the research identified in the waiver. 

10 (d) REPORTS TO CONGRESS.— 

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

12 the date of enactment of this Act, and annually 

13 thereafter until the date that is 6 years after the 

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

15 Office of Management and Budget shall submit to 

16 the appropriate congressional committees a report 

17 that lists— 

18 (A) the number and types of covered prod19 ucts for which a waiver under subsection (c)(1) 

20 was granted during the 1-year period preceding 

21 the date of the submission of the report; and 

22 (B) the legal authority under which each 

23 waiver described in subparagraph (A) was 

24 granted, such as whether the waiver was grantVerDate Sep 11 2014 22:15 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S4651.RS S4651

kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•S 4651 RS

1 ed pursuant to subparagraph (A) or (B) of sub2 section (c)(1). 

3 (2) CLASSIFICATION OF REPORT.—Each report 

4 submitted under this subsection— 

5 (A) shall be submitted in unclassified form; 

6 and 

7 (B) may include a classified annex that 

8 contains the information described in paragraph 

9 (1)(B). 

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

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

12 of this Act. 

13 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘Securing America’s Fed15 eral Equipment Supply Chains Act’’ or the ‘‘SAFE Supply 

16 Chains Act’’. 

17 SEC. 2. AGENCY USE OF IT PRODUCTS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) AGENCY.—The term ‘‘agency’’ has the mean20 ing given the term in section 3502 of title 44, United 

21 States Code. 

22 (2) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional commit24 tees’’ means the Committee on Homeland Security 

25 and Governmental Affairs of the Senate and the ComVerDate Sep 11 2014 22:15 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S4651.RS S4651

kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•S 4651 RS

1 mittee on Oversight and Accountability of the House 

2 of Representatives. 

3 (3) AUTHORIZED RESELLER.—The term ‘‘au4 thorized reseller’’ means a reseller, after market man5 ufacturer, supplier, or distributor of a covered prod6 uct with a direct or prime contractual arrangement 

7 with, or the express written authority of, the original 

8 equipment manufacturer of the covered product to 

9 manufacture, buy, stock, repackage, sell, resell, repair, 

10 service, otherwise support, or distribute the covered 

11 product. 

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

13 product’’— 

14 (A) means an information and communica15 tions technology end-use hardware product or 

16 component, including software and firmware 

17 that comprise the end-use hardware product or 

18 component; and 

19 (B) does not include— 

20 (i) other software; or 

21 (ii) an end-use hardware product— 

22 (I) in which there is embedded in23 formation and communications tech24 nology; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•S 4651 RS

1 (II) the principal function of 

2 which is not the creation, manipula3 tion, storage, display, receipt, or trans4 mission of electronic data and infor5 mation. 

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

7 product’’ means a product ready for use by the main8 tainer, integrator, or end user of the product. 

9 (6) INFORMATION AND COMMUNICATIONS TECH10 NOLOGY.—The term ‘‘information and communica11 tions technology’’— 

12 (A) has the meaning given the term in sec13 tion 4713 of title 41, United States Code; and 

14 (B) includes information and communica15 tions technologies covered by definitions con16 tained in the Federal Acquisition Regulation, in17 cluding definitions added after the date of the 

18 enactment of this Act by the Federal Acquisition 

19 Regulatory Council pursuant to notice and com20 ment. 

21 (7) ORIGINAL EQUIPMENT MANUFACTURER.—The 

22 term ‘‘original equipment manufacturer’’ means a 

23 company that manufactures a covered product that 

24 the company— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•S 4651 RS

1 (A) designed from self-sourced or purchased 

2 components; and 

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

4 (b) PROHIBITION ON PROCUREMENT AND USE.—Sub5 ject to subsection (c) and notwithstanding sections 1905 

6 through 1907 of title 41, United States Code, the head of 

7 an agency may not procure or obtain, renew a contract to 

8 procure or obtain, or use a covered product that is procured 

9 from an entity other than— 

10 (1) an original equipment manufacturer; or 

11 (2) an authorized reseller. 

12 (c) WAIVER.— 

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

14 Director of the Office of Management and Budget, the 

15 head of an agency may waive the prohibition under 

16 subsection (b) with respect to a covered product if the 

17 head of the agency determines that procuring, obtain18 ing, or using the covered product is necessary— 

19 (A) for the purpose of scientifically valid re20 search (as defined in section 102 the Education 

21 Sciences Reform Act of 2002 (20 U.S.C. 9501)); 

22 or 

23 (B) to avoid jeopardizing the performance 

24 of mission critical functions. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•S 4651 RS

1 (2) NOTICE.—The notice described in paragraph 

2 (1)— 

3 (A) shall— 

4 (i) specify, with respect to the waiver 

5 under paragraph (1)— 

6 (I) the justification for the waiver; 

7 (II) any security mitigations that 

8 have been implemented; and 

9 (III) with respect to a waiver that 

10 necessitates a security mitigation, the 

11 plan of action and milestones to avoid 

12 future waivers for subsequent similar 

13 purchases; and 

14 (ii) be submitted in an unclassified 

15 form; and 

16 (B) may include a classified annex. 

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

18 purpose of research, as described in paragraph (1)(A), 

19 the waiver shall be effective for the duration of the re20 search identified in the waiver. 

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

22 each agency shall establish procurement guidance to provide 

23 assistance to entities that are not eligible for procurements 

24 of covered products due to the prohibition under subsection 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•S 4651 RS

1 (b) on the process of becoming an authorized reseller for 

2 covered products. 

3 (e) REPORTS TO CONGRESS.— 

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

5 the date of enactment of this Act, and annually there6 after until the date that is 6 years after the date of 

7 enactment of this Act, the Director of the Office of 

8 Management and Budget shall submit to the appro9 priate congressional committees a report that pro10 vides— 

11 (A) the number and types of covered prod12 ucts for which a waiver under subsection (c)(1) 

13 was granted during the 1-year period preceding 

14 the date of the submission of the report; 

15 (B) the legal authority under which each 

16 waiver described in subparagraph (A) was 

17 granted, such as whether the waiver was granted 

18 pursuant to subparagraph (A) or (B) of sub19 section (c)(1); and 

20 (C) any actions taken by the head of an 

21 agency to reduce the number of waivers issued by 

22 the agency under subsection (c)(1) with the goal 

23 of achieving full compliance with the prohibition 

24 under subsection (b). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•S 4651 RS

1 (2) CLASSIFICATION OF REPORT.—Each report 

2 submitted under this subsection— 

3 (A) shall be submitted in unclassified form; 

4 and 

5 (B) may include a classified annex that 

6 contains the information described in paragraph 

7 (1)(B). 

8 (f) NO NEW FUNDS.—No additional amounts are au9 thorized to be appropriated for the purpose of carrying out 

10 this Act. 

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

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

13 this Act. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Calendar No. 737 

118TH CONGRESS 

2D SESSION S. 4651 

[Report No. 118–317] 

A BILL 

To require agencies to use information and commuDresellers, and for other purposes. original equipment manufacturers or authorized nications technology products obtained from ECEMBER 19 (legislative day, DECEMBER 16), 2024 

Reported with an amendment 


kjohnson on DSK7ZCZBW3PROD with $$_JOB