I 
119TH CONGRESS 
1ST SESSION H. R. 2765 
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 HOUSE OF REPRESENTATIVES 
APRIL 9, 2025 
Mr. FALLON (for himself and Mr. KHANNA) introduced the following bill; 
which was 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 Representa-
tives 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: 
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(1) 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. 
(2) 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 
(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 
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transmission of electronic data and in-
formation. 
(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 commu-
nications technology’’— 
(A) has the meaning given the term in sec-
tion 4713 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-
tion 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 pur-
chased components; and 
(B) sells under the name of the company. 
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(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 re-
spect to a covered product if the Secretary deter-
mines that procuring, obtaining, or using the cov-
ered product is necessary— 
(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— 
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(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; 
(ii) provide a declaration that covered 
product is not being purchased from an en-
tity 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 Sec-
retary of Defense shall establish procurement guidance to 
provide assistance to entities that are not eligible for pro-
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curements of covered products due to the prohibition 
under subsection (b) on the process of becoming an au-
thorized 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 De-
fense shall submit to the Committee on Armed Serv-
ices 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 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 
(C) any actions taken by the Secretary to 
reduce the number of waivers issued by the De-
partment of Defense under subsection (c)(1) 
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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 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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