Austin News

U.S. Senators John Cornyn (R-TX) and Gary Peters (D-MI) have introduced the Securing America’s Federal Equipment (SAFE) in Supply Chains Act, aimed at enhancing cybersecurity by ensuring government agencies avoid acquiring counterfeit electronics or those from unauthorized sellers.

"From the pandemic to Russia’s attack on Ukraine and other global conflicts, the last few years have taught us just how important a secure domestic supply chain is to America’s national security," said Sen. Cornyn. "This commonsense legislation would require government agencies to only purchase reliable electronics from trustworthy sellers, helping safeguard our cybersecurity from bad actors around the world."

Sen. Peters added, "The federal government has a responsibility to purchase technology that will help keep Americans’ data secure and strengthen our defense against a potential cyberattack. This legislation takes an important step towards protecting our national security interests and securing our domestic supply chains."

The SAFE in Supply Chains Act responds to increased cyberattacks on federal agencies and vulnerabilities in supply chains. It mandates that federal purchases of information technology products come exclusively from Original Equipment Manufacturers (OEMs) or their authorized resellers, aligning with existing Defense Federal Acquisition Regulations (DFARs). Despite these regulations, instances of federal employees buying technology from grey-market sellers persist. Such transactions risk introducing counterfeit devices into federal networks, which may contain unreliable components leading to malfunctions or failures.

Key provisions of the SAFE in Supply Chains Act include:

- Prohibiting agency heads from using products not sourced from OEMs or authorized sellers.

- Allowing waivers for such prohibitions if deemed necessary for national security, provided written notice is given to the Director of the Office of Management and Budget (OMB).

- Requiring justification for waivers, detailing any implemented security mitigations and future plans to avoid similar situations.

- Mandating OMB report to Congress on waiver instances and rationales.