H.R. 2765 — SAFE Supply Chains Act

This section prohibits the Secretary of Defense, effective one year after enactment and notwithstanding certain federal procurement laws (41 U.S.C. §§1905–1907), from procuring, obtaining, renewing contracts to procure or obtain, or using covered products—defined as information and communications technology (ICT) end-use hardware products or components, including software and firmware (excluding other software and hardware whose principal function is not electronic data handling)—unless procured from an original equipment manufacturer or authorized reseller (i.e., a reseller with a direct contractual arrangement or express written authority from the manufacturer). Allows waiver of the prohibition upon notice to congressional defense committees if the Secretary determines procurement or use is necessary for scientifically valid research (as defined in 20 U.S.C. §9501) or to avoid jeopardizing mission-critical functions, with notice specifying justification, security mitigations, plan of action and milestones (if applicable), and a declaration that the product is not from an entity under foreign adversary influence (unclassified form, possible classified annex); research waivers are effective for the duration of the specified research. (1) Requires the Secretary to establish procurement guidance assisting ineligible entities to become authorized resellers; (2) requires annual reports to Senate and House Armed Services Committees, beginning one year after enactment and continuing for six years, detailing number and types of waivers granted, legal authorities used, and actions to reduce waivers toward full compliance (unclassified form, possible classified annex); and (3) specifies no additional funds are authorized.