SEC. 1804.

Changes with respect to the Federal Acquisition Security Council

DIVISION A · TITLE XVIII: Revitalization of the Defense Industrial Base · SUBTITLE A: Provisions to Protect and Strengthen Supply Chains

Source
SECTION TEXT · SEC. 1804.

(a) Definition of source of concern, covered source of concern, recommended order, and designated order

Section 1321 of title 41, United States Code, is amended—

(1)

by amending paragraph (3) to read as follows:

(2)

by redesignating paragraphs (5) through (8) as paragraphs (7) through (10), respectively;

(3)

by inserting after paragraph (4) the following:

(4)

by adding at the end the following:

(b) Establishment and members of council

Section 1322 of title 41, United States Code, is amended—

(1)

in subsection (a), by striking executive branch and inserting Executive Office of the President ;

(2)

in subsection (b)—

(A)

by amending paragraph (1) to read as follows:

(B)

in paragraph (2)—

(i)

in the heading, by striking Lead representatives and inserting Members ;

(ii)

by amending subparagraph (A)(i) to read as follows:

(iii)

by amending subparagraph (A)(ii) to read as follows:

(iv)

by amending subparagraph (B) to read as follows:

(3)

in subsection (c)—

(A)

by amending paragraph (1) to read as follows:

(B)

in paragraph (2)—

(i)

in subparagraph (B), by striking subsection (b)(1)(H) and inserting subsection (b)(1)(C)(viii) ; and

(ii)

in subparagraph (C), by striking lead representative of each agency represented on the Council and inserting members of the Council ; and

(4)

in subsection (d)—

(A)

by striking The Council and inserting the following:

(B)

by adding at the end the following:

(c) Functions and authorities

Section 1323 of title 41, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking supply chain each place it appears and inserting acquisition security and supply chain ;

(B)

in paragraph (1), as amended by subparagraph (A), by striking , particularly and inserting that arise ;

(C)

in paragraph (2), as amended by subparagraph (A)—

(i)

by striking sharing information and inserting exchanging information ;

(ii)

by inserting associated with the acquisition and use of covered articles after risk ;

(iii)

in subparagraph (B), by striking ; and and inserting a semicolon;

(iv)

by redesignating subparagraph (C) as subparagraph (D); and

(v)

by inserting after subparagraph (B) the following:

(D)

in paragraph (6), as amended by subparagraph (A), by—

(i)

striking posed by and inserting associated with ; and

(ii)

inserting and use before of covered articles ;

(E)

in paragraph (7), by striking posed by acquisitions and inserting associated with the acquisition ;

(F)

by redesignating paragraph (7) as paragraph (12); and

(G)

by inserting after paragraph (6) the following:

(2)

in subsection (b)—

(A)

by striking The Council and inserting the following:

(B)

in paragraph (1), as so redesignated, by striking a program office and ; and

(C)

by adding at the end the following:

(3)

in subsection (c)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking supply chain risk and inserting acquisition security and supply chain risk associated with the acquisition of covered articles ;

(ii)

in subparagraph (A), by inserting recommended before exclusion orders ;

(iii)

in subparagraph (B), by inserting recommended before removal orders ;

(iv)

in subparagraph (C), by striking ; and and inserting a semicolon;

(v)

in subparagraph (D), by striking the period at the end and inserting ; and ; and

(vi)

by adding at the end the following:

(B)

in paragraph (2)—

(i)

in the heading, by striking Recommendations and inserting Recommended orders ;

(ii)

by striking use and inserting , using ;

(iii)

by striking to issue recommendations and inserting , recommend orders ;

(iv)

by striking Such recommendations and inserting Any such order recommended ;

(v)

by inserting to the officials described under clause (iii) of paragraph (6)(A) for issuance under such paragraph after thereof, ;

(vi)

in subparagraph (D), by striking supply chain risk and inserting acquisition security and supply chain risk associated with the acquisition of covered articles ; and

(vii)

in subparagraph (E), by striking exclusion or removal ;

(C)

by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively;

(D)

by inserting after paragraph (2) the following:

(E)

in paragraph (4), as so redesignated—

(i)

in the heading, by striking of recommendation and review and inserting and review of recommended and designated orders ;

(ii)

by striking the recommendation each place it appears, and inserting the order ;

(iii)

in the matter preceding subparagraph (A), by striking A notice of the Council’s recommendation under paragraph (2) and inserting Before the Council recommends an order under paragraph (2) or issues an order under paragraph (3), a notice ;

(iv)

in subparagraph (A), by striking a recommendation has been made and inserting the order will be recommended or issued ;

(v)

in subparagraph (D), by striking paragraph (5) and inserting paragraph (6) ; and

(vi)

in subparagraph (E), by striking the the recommendation and inserting the order ;

(F)

in paragraph (5), as so redesignated—

(i)

by striking paragraph (3) and inserting paragraph (4) ;

(ii)

in subparagraph (A), by striking paragraph (5) and inserting paragraph (6) ;

(iii)

in subparagraph (B), by striking paragraph (6) and inserting paragraph (7) ;

(iv)

by striking Any notice and inserting (A) In general.— Any notice ; and

(v)

by inserting at the end the following:

(G)

in paragraph (6), as so redesignated—

(i)

by amending subparagraph (A) to read as follows:

(ii)

by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively;

(iii)

by inserting after subparagraph (A) the following:

(iv)

in subparagraph (C), as so redesignated—

(v)

in subparagraph (D), as so redesignated—

(vi)

in subparagraph (E), as so redesignated, by striking this paragraph and inserting subparagraph (A) ; and

(vii)

by adding after subparagraph (F), as so redesignated, the following:

(H)

in paragraph (7), as so redesignated, by striking paragraph (5)(A) and inserting subparagraph (A) or (B) of paragraph (6) ; and

(I)

in paragraph (8), as so redesignated, by striking paragraph (5) and inserting paragraph (6) ;

(4)

in subsection (e), by inserting the Chief Data Officers Council, before the Chief Acquisition ; and

(5)

in subsection (f)(2), by striking the period at the end and inserting , unless such source is a covered source of concern. .

(d) Strategic plan

Section 1324(a) of title 41, United States Code, is amended—

(1)

by inserting , and periodically thereafter after 2018 ;

(2)

in the matter preceding paragraph (1), by inserting acquisition security and before supply chain risks ;

(3)

in paragraph (8), by inserting acquisition security and before supply chain risks ; and

(4)

in paragraph (9)(A), by inserting acquisition security and before supply chain risk .

(e) Requirements for executive agencies

Section 1326 of title 41, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking ; and and inserting a semicolon;

(B)

in paragraph (2), by striking the period at the end and inserting ; and ; and

(C)

by adding at the end the following:

(2)

by striking supply chain each place it appears and inserting security and supply chain ; and

(3)

in subsection (b)(6), by striking supply chain and inserting security or supply chain .

(f) Judicial procedure

Section 1327(b) of title 41, United States Code, is amended—

(1)

in paragraph (1), by striking section 1323(c)(6) and inserting section 1323(c)(7) ;

(2)

in paragraph (3), by striking sections 1323(c)(5) and inserting sections 1323(c)(6) ; and

(3)

in paragraph (4), by amending subparagraph (B)(i) to read as follows:

(g) Additional provisions

Section 1328 of title 41, United States Code, is amended to read as follows:

(h) Reallocating existing resources

Section 5949(l)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended by inserting before the period at the end the following: and the Federal Acquisition Security Council Program Office established under section 1323(b)(2) of title 41, United States Code .

(i) Implementation by the Department of Defense

(1) Notification

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a notification of the designation of the officials of the Department of Defense who shall serve on the Council in accordance with clause (b)(1)(C)(ii) of section 1322 of title 41, United States.

(2) Performance of duties

The Secretary shall ensure that the officials designated—

(A)

regularly participate in the activities of the Council;

(B)

ensure that any information requested by the Council from the agency represented by the such official or officials is provided to the Council in a timely manner; and

(C)

establish procedures to ensure that Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, the Chair of the Joint Requirements Oversight Council, the Assistant Secretary of Defense for Industrial Base Policy, and other appropriate personnel of the Department of Defense are informed of the activities of the Council in a timely manner.

(j) Technical and conforming changes

Subchapter III of chapter 13 of title 41, United States Code, is amended—

(1)

in the table of sections for the subchapter by adding after the item related to section 1327 the following:

(2)

by striking of this title each place the term appears.