119-hr2765

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2765 Introduced in House

    (IH) ]

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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 Representatives 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:

    (1) Authorized reseller.--The term ``authorized reseller'' 
 means a reseller, after market manufacturer, supplier, or 
 distributor of a covered product with a direct or prime 
 contractual arrangement 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 distribute the covered product.

    (2) Covered product.--The term ``covered product''--
        (A) means an information and communications 
 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 
 technology; and
            (II) the principal function of 
 which is not the creation, 
 manipulation, storage, display, 
 receipt, or transmission of electronic 
 data and information.

    (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 communications technology''--
        (A) has the meaning given the term in 

section 4713 
 of title 41, United States Code; and
        (B) includes information and communications 
 technologies covered by definitions contained in the 
 Federal Acquisition Regulation, including definitions 
 added after the date of the enactment of this Act by 
 the Federal Acquisition 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 purchased 
 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 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 respect to a covered product if the 
 Secretary determines that procuring, obtaining, or using the 
 covered product is necessary--
        (A) for the purpose of scientifically valid 
 research (as defined in 

section 102 the Education 
 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 paragraph

    (1) --
        (A) shall--
            (i) specify, with respect to the waiver 
 under paragraph

    (1) --
            (I) the justification for the 
 waiver;
            (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 entity 
 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 Secretary of Defense shall 
establish procurement guidance to provide assistance to entities that 
are not eligible for procurements 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 
 Secretary of Defense shall submit to the Committee on Armed 
 Services 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 products 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 granted pursuant to subparagraph
        (A) or
        (B) of subsection
            (c) (1) ; and
            (C) any actions taken by the Secretary to reduce 
 the number of waivers issued by the Department of 
 Defense under subsection
            (c) (1) 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 authorized 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.
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