I 

118TH CONGRESS 

2D SESSION H. R. 9597 

To amend title 41, United States Code, to make changes with respect to 

the Federal Acquisition Security Council, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 16, 2024 

Mr. COMER (for himself, Mr. RASKIN, Mr. MOOLENAAR, and Mr. 

KRISHNAMOORTHI) introduced the following bill; which was referred to 

the Committee on Oversight and Accountability 

A BILL 

To amend title 41, United States Code, to make changes 

with respect to the Federal Acquisition Security Council, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Acquisition 

5 Security Council Improvement Act of 2024’’. 

6 SEC. 2. CHANGES WITH RESPECT TO THE FEDERAL ACQUI7 SITION SECURITY COUNCIL. 

8 (a) DEFINITION OF SOURCE OF CONCERN, COVERED

9 SOURCE OF CONCERN, RECOMMENDED ORDER, AND


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 9597 IH

1 DESIGANTED ORDER.—Section 1321 of title 41, United 

2 States Code, is amended— 

3 (1) by redesignating paragraphs (5) through 

4 (8) as paragraphs (7) through (10); 

5 (2) by inserting after paragraph (4) the fol6 lowing: 

7 ‘‘(5) COVERED SOURCE OF CONCERN.—The 

8 term ‘covered source of concern’ means a source of 

9 concern that is specifically designated as a ‘covered 

10 source of concern’ by a statute that states that such 

11 designation is for the purposes of this subchapter. 

12 ‘‘(6) DESIGNATED ORDER.—The term ‘des13 ignated order’ means an order described under sec14 tion 1323(c)(3).’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(11) RECOMMENDED ORDER.—The term ‘rec17 ommended order’ means an order recommended 

18 under section 1323(c)(2). 

19 ‘‘(12) SOURCE OF CONCERN.— 

20 ‘‘(A) IN GENERAL.—The term ‘source of 

21 concern’ means a source— 

22 ‘‘(i) subject to the jurisdiction, direc23 tion, or control of the government of a for24 eign adversary, or operates on behalf of 

25 the government of a foreign adversary; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 9597 IH

1 ‘‘(ii) that poses a risk to the national 

2 security of the United States based on col3 laboration with, whole or partial ownership 

4 or control by, or being affiliated with a 

5 military, internal security force, or intel6 ligence agency of a foreign adversary. 

7 ‘‘(B) FOREIGN ADVERSARY DEFINED.—In 

8 this paragraph, the term ‘foreign adversary’ has 

9 the meaning given the term ‘covered nation’ in 

10 section 4872(d) of title 10.’’. 

11 (b) ESTABLISHMENT AND MEMBERS OF COUNCIL.— 

12 Section 1322 of title 41, United States Code, is amend13 ed— 

14 (1) in subsection (a), by striking ‘‘executive 

15 branch’’ and inserting ‘‘Executive Office of the 

16 President’’; 

17 (2) in subsection (b)— 

18 (A) by amending paragraph (1) to read as 

19 follows: 

20 ‘‘(1) IN GENERAL.—The members of the Coun21 cil shall be as follows: 

22 ‘‘(A) The Administrator for Federal Pro23 curement Policy. 

24 ‘‘(B) The Deputy Director for Manage25 ment of the Office of Management and Budget. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 9597 IH

1 ‘‘(C) The following officials, each of whom 

2 shall occupy a position at the level of Assistant 

3 Secretary or Deputy Assistant Secretary (or 

4 equivalent): 

5 ‘‘(i) Two officials from the Office of 

6 the Director of National Intelligence, one 

7 of which shall be from the National Coun8 terintelligence and Security Center. 

9 ‘‘(ii) Two officials from the Depart10 ment of Defense, one of which shall be one 

11 from the National Security Agency. 

12 ‘‘(iii) Two officials from the Depart13 ment of Homeland Security, one of which 

14 shall be one from the Cybersecurity and 

15 Infrastructure Security Agency. 

16 ‘‘(iv) An official from the General 

17 Services Administration. 

18 ‘‘(v) An official from the Office of the 

19 National Cyber Director. 

20 ‘‘(vi) Two officials from the Depart21 ment of Justice, one of which shall be one 

22 from the Federal Bureau of Investigation. 

23 ‘‘(vii) One official from the National 

24 Institute of Standards and Technology and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 9597 IH

1 one official from the Bureau of Industry 

2 and Security. 

3 ‘‘(viii) An official from any executive 

4 agency not listed under clauses (i) through 

5 (vii) whose temporary or permanent par6 ticipation is determined by the Chairperson 

7 of the Council to be necessary to carry out 

8 the functions of the Council.’’; and 

9 (B) in paragraph (2)— 

10 (i) in the heading, by striking ‘‘LEAD

11 REPRESENTATIVES’’ and inserting ‘‘MEM12 BERS’’; 

13 (ii) by amending subparagraph (A)(i) 

14 to read as follows: 

15 ‘‘(i) IN GENERAL.—The head of each 

16 executive agency listed under paragraph 

17 (1)(C) shall designate the official or offi18 cials from that agency who shall serve on 

19 the Council in accordance with such para20 graph.’’; 

21 (iii) by amending subparagraph 

22 (A)(ii) to read as follows: 

23 ‘‘(ii) REQUIREMENTS.—To the extent 

24 feasible, any official designated under 

25 clause (i) shall have expertise in supply 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 9597 IH

1 chain risk management, acquisitions, law, 

2 or information and communications tech3 nology.’’; 

4 (iv) by amending subparagraph (B) to 

5 read as follows: 

6 ‘‘(B) FUNCTIONS.—A member of the 

7 Council shall— 

8 ‘‘(i) regularly participate in the activi9 ties of the Council; 

10 ‘‘(ii) ensure that any information re11 quested by the Council from the agency 

12 represented by the member is provided to 

13 the Council; and 

14 ‘‘(iii) ensure that the head of the 

15 agency represented by the member and 

16 other appropriate personnel of the agency 

17 are aware of the activities of the Council.’’; 

18 (3) in subsection (c)— 

19 (A) by amending paragraph (1) to read as 

20 follows: 

21 ‘‘(1) IN GENERAL.—The Chairperson of the 

22 Council shall be— 

23 ‘‘(A) the National Cyber Director; or 

24 ‘‘(B) another member of the Council des25 ignated by the National Cyber Director.’’; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 9597 IH

1 (B) in paragraph (2)— 

2 (i) in subparagraph (B), by striking 

3 ‘‘(b)(1)(H)’’ and inserting ‘‘(b)(1)(F)(vii)’’; 

4 and 

5 (ii) in subparagraph (C), by striking 

6 ‘‘lead representative of each agency rep7 resented on the Council’’ and inserting 

8 ‘‘members of the Council’’; and 

9 (4) in subsection (d)— 

10 (A) by striking ‘‘The Council’’ and insert11 ing the following: 

12 ‘‘(1) COUNCIL MEETINGS.—The Council’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(2) OTHER MEETINGS.—The Chairperson of 

15 the Council shall meet, not less frequently than 

16 semiannually, with— 

17 ‘‘(A) the Secretary of Homeland Security, 

18 Secretary of Defense, and Director of National 

19 Intelligence; or 

20 ‘‘(B) in the case that any of the officials 

21 under subparagraph (A) delegated authority to 

22 an official under section 1323(c)(6)(C), with 

23 the delegated official.’’. 

24 (c) FUNCTIONS AND AUTHORITIES.—Section 1323 of 

25 title 41, United States Code is amended— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 9597 IH

1 (1) in subsection (a)— 

2 (A) by striking ‘‘supply chain’’ each place 

3 it appears and inserting ‘‘acquisition security 

4 and supply chain’’; 

5 (B) in paragraph (1), as amended by sub6 paragraph (A), by striking ‘‘, particularly’’ and 

7 inserting ‘‘that arise’’; 

8 (C) in paragraph (2), as amended by sub9 paragraph (A), by inserting ‘‘associated with 

10 the acquisition and use of covered articles’’ 

11 after ‘‘risk’’; 

12 (D) in paragraph (6), as amended by sub13 paragraph (A)— 

14 (i) by striking ‘‘posed by’’ and insert15 ing ‘‘associated with’’; and 

16 (ii) by inserting ‘‘and use’’ before ‘‘of 

17 covered articles’’; 

18 (E) in paragraph (7), by striking ‘‘posed 

19 by acquisitions’’ and inserting ‘‘associated with 

20 the acquisition’’; 

21 (F) by redesignating paragraph (7) as 

22 paragraph (11); and 

23 (G) by inserting after paragraph (6) the 

24 following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 9597 IH

1 ‘‘(7) Implementing a prioritization scheme for 

2 evaluating the security risks associated with the ac3 quisition and use of covered articles provided or pro4 duced by a covered source of concern. 

5 ‘‘(8) Evaluating each covered source of concern 

6 to determine whether to issue a designated order 

7 with respect to the covered source of concern or a 

8 covered article produced or provided by the covered 

9 source of concern. 

10 ‘‘(9) Evaluating sources of concern to determine 

11 whether to issue a recommended order with respect 

12 to the source of concern, or any covered article pro13 duced or provided by the source of concern. 

14 ‘‘(10) Monitoring and evaluating compliance by 

15 the Secretary of Homeland Security, Secretary of 

16 Defense, and Director of National Intelligence with 

17 the requirement to issue designated orders under 

18 subsection (c)(6)(B). 

19 ‘‘(11) Reporting to Congress annually on the 

20 security risks associated with the acquisition and use 

21 of covered articles produced or provided by sources 

22 of concern.’’; 

23 (2) in subsection (b)— 

24 (A) by striking ‘‘The Council’’ and insert25 ing the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 9597 IH

1 ‘‘(1) IN GENERAL.—The Council’’; and 

2 (B) in paragraph (1), as so redesignated, 

3 by striking ‘‘a program office and’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(2) FEDERAL ACQUISITION SECURITY COUNCIL

6 PROGRAM OFFICE.— 

7 ‘‘(A) ESTABLISHMENT.—The Council shall 

8 establish a Federal Acquisition Security Council 

9 Program Office (referred to in this paragraph 

10 as the ‘Program Office’) within the Office of 

11 the National Cyber Director to carry out the 

12 functions of the Council duties described under 

13 subparagraph (B). 

14 ‘‘(B) DUTIES.—The Program Office shall 

15 provide to the Council, including any commit16 tees, working groups, or other constituent bod17 ies established by the Council under paragraph 

18 (1)— 

19 ‘‘(i) administrative, legal, and policy 

20 support; and 

21 ‘‘(ii) analysis and subject matter ex22 pertise on information communications 

23 technology acquisition security and supply 

24 chain risk. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 9597 IH

1 ‘‘(C) STRUCTURE.—The head of the Pro2 gram Office shall be a senior official from the 

3 Office of the National Cyber Director that occu4 pies a position at the level of Assistant Sec5 retary or Deputy Assistant Secretary (or equiv6 alent). 

7 ‘‘(D) PROHIBITION.—The Program Office 

8 may not provide administrative support to the 

9 Council for any activities of the Council carried 

10 out pursuant to a provision of law other than 

11 a provision of law under this subchapter. 

12 ‘‘(E) FUNDING AND RESOURCES.—The 

13 Program Office may use the staff and resources 

14 of the Office of the National Cyber Director or 

15 maintain dedicated staff and resources, as ap16 propriate, in the performance of the duties of 

17 the Office. 

18 ‘‘(F) SHARED STAFFING AUTHORITY.— 

19 ‘‘(i) IN GENERAL.—The Program Of20 fice may accept officers or employees of 

21 the United States or members of the 

22 Armed Forces on a detail from an element 

23 of the intelligence community (as such 

24 term is defined in section 3 of the National 

25 Security Act of 1947 (50 U.S.C. 3003)) or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 9597 IH

1 from another element of the Federal Gov2 ernment on a nonreimbursable basis, as 

3 jointly agreed to by the heads of the receiv4 ing and detailing elements, for a period not 

5 to exceed three years. 

6 ‘‘(ii) RULE OF CONSTRUCTION.— 

7 Nothing in this subparagraph may be con8 strued as imposing any limitation on any 

9 other authority for reimbursable or nonre10 imbursable details. 

11 ‘‘(iii) NONREIMBURSABLE DETAIL.—A 

12 nonreimbursable detail made under this 

13 subparagraph shall not be considered an 

14 augmentation of the appropriations of the 

15 receiving element of the Program Office or 

16 the Office of the National Cyber Director. 

17 ‘‘(G) SUNSET.—The Program Office shall 

18 terminate on the date described under section 

19 1328.’’; 

20 (3) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘supply chain risk’’ 

24 and inserting ‘‘acquisition security and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 9597 IH

1 supply chain risk associated with the ac2 quisition of covered articles’’; 

3 (ii) in subparagraph (A), by inserting 

4 ‘‘recommended’’ before ‘‘exclusion orders’’; 

5 (iii) in subparagraph (B), by inserting 

6 ‘‘recommended’’ before ‘‘removal orders’’; 

7 (iv) in subparagraph (C), by striking 

8 ‘‘; and’’ and inserting a semicolon; 

9 (v) in subparagraph (D), by striking 

10 the period at the end and inserting ‘‘; 

11 and’’; and 

12 (vi) by adding at the end the fol13 lowing: 

14 ‘‘(E) issuing designated orders.’’; 

15 (B) in paragraph (2)— 

16 (i) in the heading, by striking ‘‘REC17 OMMENDATIONS’’ and inserting ‘‘REC18 OMMENDED ORDERS’’; 

19 (ii) by striking ‘‘use’’ and inserting ‘‘, 

20 using’’; 

21 (iii) by striking ‘‘subsection (a)(3)’’ 

22 and inserting ‘‘subsection (a)(4)’’; 

23 (iv) by striking ‘‘to issue recommenda24 tions’’ and inserting ‘‘, recommend or25 ders’’; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HR 9597 IH

1 (v) by striking ‘‘Such recommenda2 tions’’ and inserting ‘‘Any such order rec3 ommended’’; 

4 (vi) by inserting ‘‘to the officials de5 scribed under clause (iii) of paragraph 

6 (6)(A) for issuance under such paragraph’’ 

7 after ‘‘thereof,’’; 

8 (vii) in subparagraph (D), by striking 

9 ‘‘supply chain risk’’ and inserting ‘‘acquisi10 tion security and supply chain risk associ11 ated with the acquisition of covered arti12 cles’’; and 

13 (viii) in subparagraph (E), by striking 

14 ‘‘exclusion or removal’’; 

15 (C) by redesignating paragraphs (3) 

16 through (7) as paragraphs (4) through (8); 

17 (D) by inserting after paragraph (2) the 

18 following: 

19 ‘‘(3) DESIGNATED ORDERS.— 

20 ‘‘(A) EXCLUSION OR REMOVAL OF COV21 ERED SOURCES OF CONCERN.— 

22 ‘‘(i) IN GENERAL.—Not later than 

23 270 days after a source of concern is des24 ignated as a covered source of concern, the 

25 Council— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HR 9597 IH

1 ‘‘(I) shall provide to the officials 

2 described under clause (iii) of para3 graph (6)(B) for issuance under such 

4 paragraph orders requiring— 

5 ‘‘(aa) the exclusion of the 

6 covered source of concern from 

7 any executive agency procure8 ment action, including source se9 lection and consent for a con10 tractor; or 

11 ‘‘(bb) the removal of covered 

12 articles produced or provided by 

13 the covered source of concern 

14 from the information system of 

15 executive agencies; or 

16 ‘‘(II) report to Congress why the 

17 Council has determined to not issue 

18 an order described under subclause (I) 

19 with respect to the covered source of 

20 concern or covered articles produced 

21 or provided by the covered source of 

22 concern. 

23 ‘‘(ii) CONTENTS OF ORDER.—Any 

24 order provided under clause (i) shall in25 clude— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HR 9597 IH

1 ‘‘(I) information regarding the 

2 scope and applicability of the order, 

3 including any information necessary 

4 to positively identify the covered 

5 source of concern or covered articles 

6 produced or provided by the covered 

7 source of concern required to be ex8 cluded or removed under the order; 

9 ‘‘(II) a summary of any risk as10 sessment reviewed or conducted in 

11 support of the order; 

12 ‘‘(III) a summary of the basis for 

13 the order, including a discussion of 

14 less intrusive measures that were con15 sidered and why such measures were 

16 not reasonably available to reduce se17 curity risk; 

18 ‘‘(IV) a description of the actions 

19 necessary to implement the order; and 

20 ‘‘(V) where practicable, in the 

21 Council’s sole and unreviewable dis22 cretion, a description of mitigation 

23 steps that could be taken by the cov24 ered source of concern that may result 

25 in the Council rescinding the order. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HR 9597 IH

1 ‘‘(B) EXCLUSION OR REMOVAL OF SECOND

2 ORDER SOURCES OR COVERED ARTICLES.— 

3 ‘‘(i) ISSUANCE.—In the case that the 

4 Council provides an order under subpara5 graph (A), the Council may also provide an 

6 order to the officials described under para7 graph (6)(A)(iii) requiring the exclusion of 

8 sources or covered articles from executive 

9 agency procurement actions or removal of 

10 covered articles from executive agency in11 formation systems if— 

12 ‘‘(I) such covered articles or such 

13 sources use a covered source of con14 cern in the performance of a contract 

15 with the executive agency; or 

16 ‘‘(II) such sources enter into a 

17 contract, the performance of which 

18 such source knows or has reason to 

19 believe will require, in the perform20 ance of a contract with the executive 

21 agency, the use of a covered source of 

22 concern or the use of a covered article 

23 produced or provided by a covered 

24 source of concern. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•HR 9597 IH

1 ‘‘(ii) EFFECTIVE DATE CONSIDER2 ATIONS.—Any effective date prescribed by 

3 the Council for an order issued pursuant 

4 to clause (i) shall take into account— 

5 ‘‘(I) the risk posed by the covered 

6 source of concern or the covered arti7 cle produced or provided by the cov8 ered source of concern to the national 

9 security of the United States; 

10 ‘‘(II) the likelihood of the covered 

11 source of concern or the covered arti12 cle produced or provided by the cov13 ered source of concerned causing im14 minent threat to public health and 

15 safety; and 

16 ‘‘(III) an assessment of the po17 tential direct or quantifiable costs 

18 that may be incurred by the Federal 

19 Government, a State, local, or Tribal 

20 government, or by the private sector, 

21 as a result of compliance by the head 

22 of an executive agency with such an 

23 exclusion or removal order.’’; 

24 (E) in paragraph (4), as so redesignated— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•HR 9597 IH

1 (i) in the heading, by striking ‘‘OF

2 RECOMMENDATION AND REVIEW’’ and in3 serting ‘‘AND REVIEW OF RECOMMENDED

4 AND DESIGNATED ORDERS’’; 

5 (ii) by striking ‘‘ the recommenda6 tion’’ each place the term appears, and in7 serting ‘‘ the order’’; 

8 (iii) in the matter preceding subpara9 graph (A), by striking ‘‘A notice of the 

10 Council’s recommendation under para11 graph (2)’’ and inserting ‘‘Before the 

12 Council recommends an order under para13 graph (2) or issues an order under para14 graph (3), a notice’’; 

15 (iv) in subparagraph (A), by striking 

16 ‘‘recommendation has been made’’ and in17 serting ‘‘the order will be recommended or 

18 issued’’; and 

19 (v) in subparagraph (D), by striking 

20 ‘‘paragraph (5)’’ and inserting ‘‘paragraph 

21 (6)’’; 

22 (F) in paragraph (5), as so redesignated— 

23 (i) by striking ‘‘paragraph (3)’’ and 

24 inserting ‘‘paragraph (4)’’; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•HR 9597 IH

1 (ii) in subparagraph (A), by striking 

2 ‘‘paragraph (5)’’ and inserting ‘‘paragraph 

3 (6)’’; and 

4 (iii) in subparagraph (B), by striking 

5 ‘‘paragraph (6)’’ and inserting ‘‘paragraph 

6 (7)’’; 

7 (G) in paragraph (6), as so redesignated— 

8 (i) by amending subparagraph (A) to 

9 read as follows: 

10 ‘‘(A) ISSUANCE OF RECOMMENDED OR11 DERS.— 

12 ‘‘(i) MODIFICATIONS TO ORDER.— 

13 After considering any response properly 

14 submitted by a source under paragraph (4) 

15 related to an order to be recommended 

16 under paragraph (2), the Council shall— 

17 ‘‘(I) make such modifications to 

18 the order as the Council considers ap19 propriate; and 

20 ‘‘(II) provide the order (together 

21 with any information submitted by a 

22 source under paragraph (4) related to 

23 such order) to the officials described 

24 under clause (iii). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•HR 9597 IH

1 ‘‘(ii) ORDER.—Not later than 90 days 

2 after receiving a recommended order, the 

3 officials described under clause (iii) shall— 

4 ‘‘(I) issue the order to the heads 

5 of the applicable agencies; or 

6 ‘‘(II) submit a notification to the 

7 Council and the source named in the 

8 order that the order will not be 

9 issued, that includes in the notifica10 tion to the Council, all the reasons for 

11 why the order will not be issued. 

12 ‘‘(iii) OFFICIALS.—The officials de13 scribed in this clause are as follows: 

14 ‘‘(I) The Secretary of Homeland 

15 Security, for exclusion and removal 

16 orders applicable to civilian agencies, 

17 to the extent not covered by subclause 

18 (II) or (III). 

19 ‘‘(II) The Secretary of Defense, 

20 for exclusion and removal orders ap21 plicable to the Department of Defense 

22 and national security systems other 

23 than sensitive compartmented infor24 mation systems. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•HR 9597 IH

1 ‘‘(III) The Director of National 

2 Intelligence, for exclusion and removal 

3 orders applicable to the intelligence 

4 community and sensitive compart5 mented information systems, to the 

6 extent not covered by subclause (II).’’; 

7 (ii) by redesignating subparagraphs 

8 (B) through (E) as subparagraphs (C) 

9 through (F), respectively; 

10 (iii) by inserting after subparagraph 

11 (A) the following: 

12 ‘‘(B) ISSUANCE OF DESIGNATED ORDER.— 

13 ‘‘(i) MODIFICATIONS.—After consid14 ering any response properly submitted by a 

15 source under paragraph (4) related to a 

16 designated order, the Council shall— 

17 ‘‘(I)(aa) make any such modifica18 tions to the order as the Council con19 siders appropriate; or 

20 ‘‘(bb) if the Council deter21 mines that the issuance of a des22 ignated order is not warranted, 

23 rescind the designated order and 

24 notify the source of the rescis25 sion; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•HR 9597 IH

1 ‘‘(II) except in the case that the 

2 Council rescinds the designated order 

3 under subclause (I)(bb), provide the 

4 designated order (including any modi5 fications made to such order by the 

6 Council) to the officials described in 

7 clause (iii). 

8 ‘‘(ii) ISSUANCE.—The officials de9 scribed in clause (iii) shall, not later than 

10 30 days after receiving a designated order, 

11 issue the order to the heads of the applica12 ble agencies. 

13 ‘‘(iii) OFFICIALS.—The officials de14 scribed in this clause are as follows: 

15 ‘‘(I) The Secretary of Homeland 

16 Security, for exclusion and removal 

17 orders applicable to civilian agencies, 

18 to the extent not covered by subclause 

19 (II) or (III). 

20 ‘‘(II) The Secretary of Defense, 

21 for exclusion and removal orders ap22 plicable to the Department of Defense 

23 and national security systems other 

24 than sensitive compartmented infor25 mation systems. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•HR 9597 IH

1 ‘‘(III) The Director of National 

2 Intelligence, for exclusion and removal 

3 orders applicable to the intelligence 

4 community and sensitive compart5 mented information systems, to the 

6 extent not covered by subclause (II). 

7 ‘‘(iv) WAIVER.—An official described 

8 under clause (iii) may waive for a period of 

9 not more than 365 days the application of 

10 an order issued by such official under 

11 clause (ii) with respect to a covered source 

12 of concern or a covered article produced or 

13 provided by a covered source of concern 

14 if— 

15 ‘‘(I) the Council approves the 

16 waiver; and 

17 ‘‘(II) the official submits, not 

18 later than 30 days after making such 

19 waiver, a written notification to the 

20 appropriate congressional committees 

21 and leadership that contains the jus22 tification for such waiver. 

23 ‘‘(v) RENEWAL OF WAIVER.—An offi24 cial described under clause (iii) may renew 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•HR 9597 IH

1 a waiver under clause (iv) for an additional 

2 period of not more than 180 days if— 

3 ‘‘(I) the Council approves the re4 newal of the waiver; 

5 ‘‘(II) the renewal of the waiver is 

6 in the national security interests of 

7 the United States; and 

8 ‘‘(III) the official submits, not 

9 later than 30 days after renewing 

10 such waiver, a written notification to 

11 the appropriate congressional commit12 tees and leadership that includes the 

13 justification for renewing the wavier. 

14 ‘‘(vi) RESCISSION OF ORDER.—An ex15 clusion or removal order issued under this 

16 subparagraph by an official may be re17 scinded only by the Council.’’. 

18 (iv) in subparagraph (C), as so redes19 ignated— 

20 (I) by striking ‘‘subparagraph 

21 (A)’’ and inserting ‘‘subparagraph 

22 (A)(iii) or (B)(iii)’’; 

23 (II) by striking ‘‘this subpara24 graph’’ and inserting ‘‘subparagraph 

25 (A)(iii) or (B)(iii)’’; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•HR 9597 IH

1 (III) by striking ‘‘, except’’ and 

2 all that follows before the period at 

3 the end; 

4 (v) in subparagraph (D), as so redes5 ignated— 

6 (I) by striking ‘‘this paragraph’’ 

7 and inserting ‘‘subparagraph (A)(iii) 

8 or (B)(iii)’’; and 

9 (II) by striking ‘‘help’’; 

10 (vi) in subparagraph (E), as so redes11 ignated, by striking ‘‘this paragraph’’ and 

12 inserting ‘‘subparagraph (A)’’; and 

13 (vii) by adding after subparagraph 

14 (F), as so redesignated, the following: 

15 ‘‘(G) EFFECTIVE DATE OF ORDERS.—The 

16 effective date of an order issued under this 

17 paragraph may not be more than 180 days 

18 after the order is issued.’’; 

19 (H) in paragraph (7), as so redesignated, 

20 by striking ‘‘paragraph (5)(A)’’ and inserting 

21 ‘‘subparagraph (A) or (B) of paragraph (6)’’; 

22 and 

23 (I) in paragraph (8), as so redesignated, 

24 by striking ‘‘paragraph (5)’’ and inserting 

25 ‘‘paragraph (6)’’; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•HR 9597 IH

1 (4) by redesignating subsections (d) through (f) 

2 as subsections (e) through (g), respectively; 

3 (5) in subsection (f), as so redesignated, by in4 serting ‘‘the Chief Data Officers Council,’’ before 

5 ‘‘the Chief Acquisition’’; and 

6 (6) in subsection (g)(2), as so redesignated, by 

7 striking the period at the end and inserting ‘‘unless 

8 such source is specifically designated by statute as 

9 a covered source of concern for the purposes of this 

10 subchapter.’’ 

11 (d) STRATEGIC PLAN.—Section 1324(a) of title 41, 

12 United States Code, is amended— 

13 (1) by inserting ‘‘, and periodically thereafter’’ 

14 after ‘‘2018’’; 

15 (2) in the matter preceding paragraph (1), by 

16 inserting ‘‘acquisition security and’’ before ‘‘supply 

17 chain risks’’; 

18 (3) in paragraph (8), by inserting ‘‘acquisition 

19 security and’’ before ‘‘supply chain risks’’; and 

20 (4) in paragraph (9)(A), by inserting ‘‘acquisi21 tion security and’’ before ‘‘supply chain risk’’. 

22 (e) REQUIREMENTS FOR EXECUTIVE AGENCIES.— 

23 Section 1326 of title 41, United States Code, is amend24 ed— 

25 (1) in subsection (a), 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•HR 9597 IH

1 (A) in paragraph (1), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (B) in paragraph (2), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(3) providing any information requested by the 

7 Chairperson of the Council for the purpose of car8 rying out activities of this subchapter.’’; 

9 (2) by striking ‘‘supply chain’’ each place such 

10 term appears and inserting ‘‘security and supply 

11 chain’’; and 

12 (3) in subsection (b)(6), by striking ‘‘supply 

13 chain’’ and inserting ‘‘security or supply chain’’. 

14 (f) JUDICIAL PROCEDURE.—Section 1327(b) of title 

15 41, United States Code, is amended— 

16 (1) in paragraph (1), by striking ‘‘section 

17 1323(c)(6)’’ and inserting ‘‘section 1323(c)(7)’’; 

18 (2) in paragraph (3), by striking ‘‘sections 

19 1323(c)(5)’’ and inserting ‘‘sections 1323(c)(6)’’; 

20 and 

21 (3) in paragraph (4), by amending subpara22 graph (B)(i) to read as follows: 

23 ‘‘(i) FILING OF RECORD.—The United 

24 States shall file with the court an adminis25 trative record, which shall consist of— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•HR 9597 IH

1 ‘‘(I) the information the Council 

2 relied upon in issuing a designated 

3 order under 1323(c)(6); and 

4 ‘‘(II) the information that the ap5 propriate official relied upon in 

6 issuing an exclusion or removal order 

7 under section 1323(c)(6) or a covered 

8 procurement action under section 

9 4713.’’. 

10 (g) ADDITIONAL PROVISIONS.—Subchapter III of 

11 chapter 13 of title 41, United States Code, is amended 

12 by adding at the end the following: 

13 ‘‘§ 1329. Additional provisions 

14 ‘‘(a) COMPLIANCE WITH EXISTING PROHIBITIONS.— 

15 In implementing this subchapter, the Council shall coordi16 nate, as applicable and practicable, with the head of an 

17 agency to ensure compliance by the agency with— 

18 ‘‘(1) section 889 of the John S. McCain Na19 tional Defense Authorization Act of 2019 (Public 

20 Law 115–232; 41 U.S.C. 3901 note); 

21 ‘‘(2) section 5949 of the James M. Inhofe Na22 tional Defense Authorization Act of 2023 (Public 

23 Law 117–263; 41 U.S.C. 4713 note); and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•HR 9597 IH

1 ‘‘(3) sections 1821 through 1833 of the Amer2 ican Security Drone Act of 2023 (Public Law 118– 

3 31). 

4 ‘‘(b) UPDATE TO REGULATIONS.—The Federal Ac5 quisition Security Council shall update, within two years 

6 after the date of the enactment of this section, any regula7 tions of the Council as necessary.’’. 

8 (h) TECHNICAL AND CONFORMING CHANGES.—Sub9 chapter III of chapter 13 of title 41, United States Code, 

10 is amended— 

11 (1) in the table of sections for the subchapter 

12 by adding after the item related to section 1328 the 

13 following: 

‘‘1329. Additional provisions.’’; 

14 (2) in section 1321(1)(B), by striking ‘‘Govern15 ment Reform’’ and inserting ‘‘Accountability’’; and 

16 (3) by striking ‘‘of this title’’ each place the 

17 term appears. 

18 SEC. 3. REALLOCATING EXISTING RESOURCES. 

19 Section 5949(l) of the James M. Inhofe National De20 fense Authorization Act for Fiscal Year 2023 (Public Law 

21 117–263) is amended— 

22 (1) in paragraph (1), by striking ‘‘Office of 

23 Management and Budget’’ and inserting ‘‘Office of 

24 the National Cyber Director’’; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•HR 9597 IH

1 (2) in paragraph (2), by striking ‘‘Office of 

2 Management and Budget’’ and inserting ‘‘Office of 

3 the National Cyber Director’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB