PolicyBrief
S. 1362
119th CongressApr 9th 2025
SAFE Supply Chains Act
IN COMMITTEE

The SAFE Supply Chains Act restricts the Department of Defense from purchasing or using covered technology products unless they are sourced directly from the original manufacturer or an authorized reseller, with limited exceptions requiring congressional notification.

John Cornyn
R

John Cornyn

Senator

TX

LEGISLATION

DoD IT Supply Chain Tightens: New Rule Forces Military to Buy Tech Only From Original Manufacturers

The Securing Americas Federal Equipment Supply Chains Act—the SAFE Supply Chains Act—is an attempt to lock down the Department of Defense’s (DoD) technology supply chain. Starting one year from now, the DoD will be restricted from purchasing or using any “covered product”—essentially, IT hardware and its built-in software—unless it comes directly from the Original Equipment Manufacturer (OEM) or an explicitly authorized reseller. This is a big shift that overrides standard federal purchasing rules, aiming to reduce the risk of compromised military technology.

The OEM-Only Club: What This Means for Tech Vendors

Think of this like an exclusive club for defense tech suppliers. If you’re a vendor who currently sells IT equipment to the DoD but you aren’t the company that designed and manufactured the product (the OEM), or you aren't an officially authorized dealer, you’re about to be locked out. The bill explicitly bans the DoD from using non-authorized sources for hardware, meaning many existing contracts with third-party integrators, refurbishers, or unauthorized distributors won't be renewed. The upside for security is clear: fewer hands touching sensitive equipment means less opportunity for tampering. But the practical challenge is cost and competition. OEMs often charge premium prices, and limiting the DoD’s buying options could mean delays or higher costs for taxpayers, even if the result is a more secure network. The bill tries to mitigate vendor fallout by requiring the DoD to establish guidelines to help non-authorized vendors figure out how to become authorized, but that process is entirely up to the OEMs.

The Mission-Critical Loophole

While the bill sets a firm restriction, it also includes a necessary escape hatch: the Secretary of Defense can grant a waiver. They can bypass the OEM-only rule if the purchase is needed for “scientifically valid research” or if avoiding the purchase would “seriously jeopardize mission-critical functions.” This “mission-critical” exception is the most interesting part. It grants the Secretary significant discretion, and since the term isn't tightly defined in the bill, it could be used broadly to justify purchases when the authorized supply chain is too slow or too expensive. Every time a waiver is granted, the Secretary must inform Congress, explain the security measures taken, and confirm that the product is not coming from a source controlled by a “foreign adversary.” This adds a layer of transparency and oversight, ensuring the DoD can’t just ignore the rule, but it also creates a political element to every exception.

The Hidden Costs of Security

Here’s the part that hits the budget: the SAFE Supply Chains Act doesn't authorize a single new dollar to pay for these changes. The DoD has to implement a massive change to its procurement process, update its vendor lists, and manage a new congressional reporting requirement—all using existing funds. For the average person, this means that while the military's IT security might improve, the administrative and procurement costs associated with this restriction could climb. The DoD will be required to report annually for six years on how many waivers they’ve issued and why, showing Congress exactly how often they have to break their own rule to get the job done. This bill is a classic trade-off: higher security assurance at the expense of procurement flexibility and potentially higher prices from the newly monopolistic authorized vendor pool.