S4651-118

Reported

To require agencies to use information and communications technology products obtained from original equipment manufacturers or authorized resellers, and for other purposes.

118th Congress Introduced Jul 10, 2024

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill prohibits federal agencies from purchasing information and communications technology (ICT) products—such as computer hardware, components, software, and firmware—from any source other than original equipment manufacturers (OEMs) or their authorized resellers. The goal is to prevent counterfeit or compromised IT equipment from entering government supply chains, which could pose security risks.

Who Benefits and How

Original equipment manufacturers (like Dell, HP, Cisco, Apple) and their authorized distribution partners benefit significantly because federal agencies must buy directly from them or their approved channels. This eliminates competition from gray market sellers and unauthorized resellers, protecting OEM market share and profit margins in the lucrative federal IT procurement market.

Who Bears the Burden and How

Unauthorized IT resellers and gray market distributors are excluded from federal contracts entirely, losing access to government sales. Federal agencies face reduced procurement flexibility and potentially higher costs, as they cannot shop for better prices from non-authorized sources. The Office of Management and Budget must track and report on waivers, adding administrative burden.

Key Provisions

  • Agencies prohibited from procuring ICT products from sources other than OEMs or authorized resellers
  • Waivers available for national security, scientific research, or mission-critical functions
  • Annual reporting to Congress on waivers granted for 6 years
  • Agencies must help non-authorized resellers become authorized if they want to sell to government

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Requires federal agencies to procure information and communications technology (ICT) products only from original equipment manufacturers (OEMs) or authorized resellers to enhance supply chain security and product authenticity

Key Policy Areas

Federal Procurement, Information Technology, Cybersecurity, Supply Chain Security

Primary Purpose

Requires federal agencies to procure information and communications technology (ICT) products only from original equipment manufacturers (OEMs) or authorized resellers to enhance supply chain security and product authenticity

Policy Domains

Federal Procurement Information Technology Cybersecurity Supply Chain Security

Section 2 - Agency use of IT products

Identified Gains
Contextual inference, no direct clause citation
  • Original equipment manufacturers (OEMs)
  • Authorized IT resellers and distributors
  • Federal cybersecurity posture
Model: N/A | Version: bill_summary_v2 | Source: rs

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Unauthorized IT resellers and gray market distributors
  • Federal agencies (reduced procurement flexibility)
  • Office of Management and Budget (reporting requirements)
Model: N/A | Version: bill_summary_v2 | Source: rs

Contextual inference, no direct clause citation

Legislative Progress

Reported
Introduced Committee Passed
Dec 19, 2024

Reported by Mr. Peters, with an amendment

Jul 10, 2024

Mr. Cornyn (for himself, Mr. Peters, and Mr. Ossoff) introduced …

Jul 10, 2024

Mr. Cornyn (for himself and Mr. Peters) introduced the following …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Merchant Wholesalers, Durable Goods
4 mentions across 2 clauses
+2 positive -2 negative

Authorized IT resellers and distributors with OEM agreements, Unauthorized IT resellers and gray market distributors, Unauthorized IT resellers seeking to become authorized

Positive-direction: Authorized IT resellers and distributors with OEM agreements

Negative-direction: Unauthorized IT resellers and gray market distributors, Unauthorized IT resellers seeking to become authorized

Government
4 mentions across 2 clauses
-4 negative

Federal agencies procuring IT equipment, Office of Management and Budget

Manufacturing
2 mentions across 2 clauses
+2 positive

Original equipment manufacturers (OEMs) of IT hardware and components

3/4
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Federal Procurement Information Technology Cybersecurity
Actor Mappings
"agency_head"
→ Head of each federal agency
"omb_director"
→ Director of the Office of Management and Budget
"appropriate_committees"
→ Senate Homeland Security and Governmental Affairs Committee; House Oversight and Accountability Committee

Key Definitions

Terms defined in this bill

5 terms
"agency" §2(a)(1)

Has the meaning given in section 3502 of title 44, United States Code (federal executive agencies)

"authorized reseller" §2(a)(3)

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

"covered product" §2(a)(4)

An information and communications technology end-use hardware product or component, including software and firmware that comprise the end-use hardware product; excludes standalone software and hardware where ICT is embedded but not the principal function

"information and communications technology" §2(a)(6)

Has the meaning given in section 4713 of title 41, USC, including definitions in the Federal Acquisition Regulation

"original equipment manufacturer" §2(a)(7)

A company that manufactures a covered product that it designed from self-sourced or purchased components and sells under its own name

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology