(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term in section 3502 of title 44, 
United States Code. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the 
Committee on Oversight and Accountability of the 
House of Representatives. 
(3) AUTHORIZED RESELLER.—The term ‘‘au-
thorized reseller’’ means a reseller, after market 
manufacturer, supplier, or distributor of a covered 
product with a direct or prime contractual arrange-
ment 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 dis-
tribute the covered product. 
(4) COVERED
PRODUCT.—The term ‘‘covered 
product’’— 
(A) means an information and communica-
tions technology end-use hardware product or 
component, including software and firmware 
that comprise the end-use hardware product or 
component; and 
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(B) does not include— 
(i) other software; or 
(ii) an end-use hardware product— 
(I) in which there is embedded 
information and communications tech-
nology; and 
(II) the principal function of 
which is not the creation, manipula-
tion, storage, display, receipt, or 
transmission of electronic data and in-
formation. 
(5) END-USE
PRODUCT.—The term ‘‘end-use 
product’’ means a product ready for use by the 
maintainer, integrator, or end user of the product. 
(6) 
INFORMATION
AND
COMMUNICATIONS 
TECHNOLOGY.—The term ‘‘information and commu-
nications technology’’— 
(A) has the meaning given the term in sec-
tion 4713(k) of title 41, United States Code; 
and 
(B) includes information and communica-
tions technologies covered by definitions con-
tained in the Federal Acquisition Regulation, 
including definitions added after the date of the 
enactment of this Act by the Federal Acquisi-
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tion Regulatory Council pursuant to notice and 
comment. 
(7) 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 pur-
chased 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 
head of an agency 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 written notice to the 
Director of the Office of Management and Budget, 
the head of an agency may waive the prohibition 
under subsection (b) with respect to a covered prod-
uct if the head of the agency determines that pro-
curing, obtaining, or using the covered product is 
necessary— 
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(A) for the purpose of scientifically valid 
research (as defined in section 102 the Edu-
cation 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 para-
graph (1)— 
(A) shall— 
(i) specify, with respect to the waiver 
under paragraph (1)— 
(I) the justification for the waiv-
er; 
(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; and 
(ii) 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 
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(1)(A), the waiver shall be effective for the duration 
of the research identified in the waiver. 
(d) VENDOR TECHNICAL ASSISTANCE.—The head of 
each agency shall establish procurement guidance to pro-
vide assistance to entities that are not eligible for procure-
ments 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 Director of the 
Office of Management and Budget shall submit to 
the appropriate congressional committees a report 
that provides— 
(A) the number and types of covered prod-
ucts 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 grant-
ed pursuant to subparagraph (A) or (B) of sub-
section (c)(1); and 
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(C) any action taken by the head of an 
agency to reduce the number of waivers issued 
by the agency under subsection (c)(1) with the 
goal of achieving full compliance with the prohi-
bition 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 au-
thorized 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. 
Æ 
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