,,ii #aaith ,,congress #ast ,session ,s4 #acfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #i1 #bjbe,mr4 ,cornyn 7for himself and ,mr4 ,peters7 introduced the following bill2 which was read twice and 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 resellers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,securing ,america's ,federal ,equipment ,supply ,chains ,act or the ,,safe ,supply ,chains ,act4 #b4 ,agency use of ,,it products 7a7 ,definitions ,in this section3 7#a7 ,authorized reseller ,the term authorized reseller means a reseller1 after market manufacturer1 supplier1 or distributor of a covered product with a direct or prime contractual arrangement with1 or the express written authority of1 the original equipment manufacturer of the covered product to manufacture1 buy1 stock1 repackage1 sell1 resell1 repair1 service1 otherwise support1 or distribute the covered product4 7#b7 ,covered product ,the term covered product-- 7,a7 means an information and communications technology end-use hardware product or component1 including software and firmware that comprise the end-use hardware product or component2 and 7,b7 does not include-- 7i7 other software2 or 7ii7 an end-use hardware product-- 7,i7 in which there is embedded information and communications technology2 and 7,,ii7 the principal function of which is not the creation1 manipulation1 storage1 display1 receipt1 or transmission of electronic data and information4 7#c7 ,end-use product ,the term end-use product means a product ready for use by the maintainer1 integrator1 or end user of the product4 7#d7 ,information and communications technology ,the term information and communications technology-- 7,a7 has the meaning given the term in section #dgac of title #da1 ,united ,states ,code2 and 7,b7 includes information and communications technologies covered by definitions contained in the ,federal ,acquisition ,regulation1 including definitions added after the date of the enactment of this ,act by the ,federal ,acquisition ,regulatory ,council pursuant to notice and comment4 7#e7 ,original equipment manufacturer ,the term original equipment manufacturer means a company that manufactures a covered product that the company-- 7,a7 designed from self-sourced or purchased components2 and 7,b7 sells under the name of the company4 7b7 ,prohibition on procurement and use ,subject to subsection 7c7 and notwithstanding sections #aije through #aijg of title #da1 ,united ,states ,code1 the ,secretary of ,defense may not procure or obtain1 renew a contract to procure or obtain1 or use a covered product that is procured from an entity other than-- 7#a7 an original equipment manufacturer2 or 7#b7 an authorized reseller4 7c7 ,waiver 7#a7 ,in general ,upon notice to congressional defense committees1 the ,secretary of ,defense may waive the prohibition under subsection 7b7 with respect to a covered product if the ,secretary determines that procuring1 obtaining1 or using the covered product is necessary-- 7,a7 for the purpose of scientifically valid research 7as defined in section #ajb the ,education ,sciences ,reform ,act of #bjjb 7#bj ,u4,s4,c4 #ieja772 or 7,b7 to avoid jeopardizing the performance of mission critical functions4 7#b7 ,notice ,the notice described in paragraph 7#a7-- 7,a7 shall-- 7i7 specify1 with respect to the waiver under paragraph 7#a7-- 7,i7 the justification for the waiver2 7,,ii7 any security mitigations that have been implemented2 and 7,,iii7 with respect to a waiver that necessitates a security mitigation1 the plan of action and milestones to avoid future waivers for subsequent similar purchases2 7ii7 provide a declaration that covered product is not being purchased from an entity that is under the influence or control of a foreign adversary2 and 7iii7 be submitted in an unclassified form2 and 7,b7 may include a classified annex4 7#c7 ,duration ,with respect to a waiver for the purpose of research1 as described in paragraph 7#a77;,a71 the waiver shall be effective for the duration of the research identified in the waiver4 7d7 ,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 7b7 on the process of becoming an authorized reseller for covered products4 7e7 ,reports to congress 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter until the date that is #f years after the date of enactment of this ,act1 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-- 7,a7 the number and types of covered products for which a waiver under subsection 7c77#a7 was granted during the #a-year period preceding the date of the submission of the report2 7,b7 the legal authority under which each waiver described in subparagraph 7,a7 was granted1 such as whether the waiver was granted pursuant to subparagraph 7,a7 or 7,b7 of subsection 7c77#a72 and 7,c7 any actions taken by the ,secretary to reduce the number of waivers issued by the ,department of ,defense under subsection 7c77#a7 with the goal of achieving full compliance with the prohibition under subsection 7b74 7#b7 ,classification of report ,each report submitted under this subsection-- 7,a7 shall be submitted in unclassified form2 and 7,b7 may include a classified annex that contains the information described in paragraph 7#a77;,b74 7f7 ,no new funds ,no additional amounts are authorized to be appropriated for the purpose of carrying out this ,act4 7g7 ,effective date ,this section shall take effect on the date that is #a year after the date of enactment of this ,act4