H. R. 7327 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

To require the Secretary of Homeland Security to establish a security vulnerability 

disclosure policy, to establish a bug bounty program for the Department of Homeland Security, to amend title 41, United States Code, to provide for Federal 

acquisition supply chain security, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Strengthening 

and Enhancing Cyber-capabilities by Utilizing Risk Exposure Technology Act’’ or the ‘‘SECURE Technology Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DEPARTMENT OF HOMELAND SECURITY INFORMATION 

SECURITY AND OTHER MATTERS 

Sec. 101. Department of Homeland Security disclosure of security vulnerabilities. 

Sec. 102. Department of Homeland Security bug bounty pilot program. 

Sec. 103. Congressional submittal of reports relating to certain special access programs and similar programs. 

TITLE II—FEDERAL ACQUISITION SUPPLY CHAIN SECURITY 

Sec. 201. Short title. 

Sec. 202. Federal acquisition supply chain security. 

Sec. 203. Authorities of executive agencies relating to mitigating supply chain risks 

in the procurement of covered articles. 

Sec. 204. Federal Information Security Modernization Act. 

Sec. 205. Effective date. 

TITLE I—DEPARTMENT OF HOMELAND 

SECURITY INFORMATION SECURITY 

AND OTHER MATTERS 

SEC. 101. DEPARTMENT OF HOMELAND SECURITY DISCLOSURE OF 

SECURITY VULNERABILITIES. 

(a) VULNERABILITY DISCLOSURE POLICY.—The Secretary of 

Homeland Security shall establish a policy applicable to individuals, 

organizations, and companies that report security vulnerabilities 

on appropriate information systems of Department of Homeland 

Security. Such policy shall include each of the following: 
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(1) The appropriate information systems of the Department 

that individuals, organizations, and companies may use to discover and report security vulnerabilities on appropriate 

information systems. 

(2) The conditions and criteria under which individuals, 

organizations, and companies may operate to discover and 

report security vulnerabilities. 

(3) How individuals, organizations, and companies may 

disclose to the Department security vulnerabilities discovered 

on appropriate information systems of the Department. 

(4) The ways in which the Department may communicate 

with individuals, organizations, and companies that report security vulnerabilities. 

(5) The process the Department shall use for public disclosure of reported security vulnerabilities. 

(b) REMEDIATION PROCESS.—The Secretary of Homeland Security shall develop a process for the Department of Homeland Security to address the mitigation or remediation of the security 

vulnerabilities reported through the policy developed in subsection 

(a). 

(c) CONSULTATION.— 

(1) IN GENERAL.—In developing the security vulnerability 

disclosure policy under subsection (a), the Secretary of Homeland Security shall consult with each of the following: 

(A) The Attorney General regarding how to ensure 

that individuals, organizations, and companies that comply 

with the requirements of the policy developed under subsection (a) are protected from prosecution under section 

1030 of title 18, United States Code, civil lawsuits, and 

similar provisions of law with respect to specific activities 

authorized under the policy. 

(B) The Secretary of Defense and the Administrator 

of General Services regarding lessons that may be applied 

from existing vulnerability disclosure policies. 

(C) Non-governmental security researchers. 

(2) NONAPPLICABILITY OF FACA.—The Federal Advisory 

Committee Act (5 U.S.C. App.) shall not apply to any consultation under this section. 

(d) PUBLIC AVAILABILITY.—The Secretary of Homeland Security 

shall make the policy developed under subsection (a) publicly available. 

(e) SUBMISSION TO CONGRESS.— 

(1) DISCLOSURE POLICY AND REMEDIATION PROCESS.—Not 

later than 90 days after the date of the enactment of this 

Act, the Secretary of Homeland Security shall submit to the 

appropriate congressional committees a copy of the policy 

required under subsection (a) and the remediation process 

required under subsection (b). 

(2) REPORT AND BRIEFING.— (A) REPORT.—Not later than one year after establishing 

the policy required under subsection (a), the Secretary of 

Homeland Security shall submit to the appropriate congressional committees a report on such policy and the remediation process required under subsection (b). 

(B) ANNUAL BRIEFINGS.—One year after the date of 

the submission of the report under subparagraph (A), and 

annually thereafter for each of the next three years, the 
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Secretary of Homeland Security shall provide to the appropriate congressional committees a briefing on the policy 

required under subsection (a) and the process required 

under subsection (b). 

(C) MATTERS FOR INCLUSION.—The report required 

under subparagraph (A) and the briefings required under 

subparagraph (B) shall include each of the following with 

respect to the policy required under subsection (a) and 

the process required under subsection (b) for the period 

covered by the report or briefing, as the case may be: 

(i) The number of unique security vulnerabilities 

reported. 

(ii) The number of previously unknown security 

vulnerabilities mitigated or remediated. 

(iii) The number of unique individuals, organizations, and companies that reported security 

vulnerabilities. 

(iv) The average length of time between the 

reporting of security vulnerabilities and mitigation or 

remediation of such vulnerabilities. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘security vulnerability’’ has the meaning given 

that term in section 102(17) of the Cybersecurity Information 

Sharing Act of 2015 (6 U.S.C. 1501(17)), in information technology. 

(2) The term ‘‘information system’’ has the meaning given 

that term by section 3502 of title 44, United States Code. 

(3) The term ‘‘appropriate information system’’ means an 

information system that the Secretary of Homeland Security 

selects for inclusion under the vulnerability disclosure policy 

required by subsection (a). 

(4) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and 

Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives; and 

(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the 

Select Committee on Intelligence of the Senate. 

SEC. 102. DEPARTMENT OF HOMELAND SECURITY BUG BOUNTY PILOT 

PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; 

(B) the Select Committee on Intelligence of the Senate; 

(C) the Committee on Homeland Security of the House 

of Representatives; and 

(D) Permanent Select Committee on Intelligence of 

the House of Representatives. 

(2) The term ‘‘bug bounty program’’ means a program under 

which— 
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(A) individuals, organizations, and companies are 

temporarily authorized to identify and report 

vulnerabilities of appropriate information systems of the 

Department; and 

(B) eligible individuals, organizations, and companies 

receive compensation in exchange for such reports. 

(3) The term ‘‘Department’’ means the Department of 

Homeland Security. 

(4) The term ‘‘eligible individual, organization, or company’’ 

means an individual, organization, or company that meets such 

criteria as the Secretary determines in order to receive compensation in compliance with Federal laws. 

(5) The term ‘‘information system’’ has the meaning given 

the term in section 3502 of title 44, United States Code. 

(6) The term ‘‘pilot program’’ means the bug bounty pilot 

program required to be established under subsection (b)(1). 

(7) The term ‘‘Secretary’’ means the Secretary of Homeland 

Security. 

(b) BUG BOUNTY PILOT PROGRAM.— 

(1) ESTABLISHMENT.—Not later than 180 days after the 

date of enactment of this Act, the Secretary shall establish, 

within the Office of the Chief Information Officer, a bug bounty 

pilot program to minimize vulnerabilities of appropriate 

information systems of the Department. 

(2) RESPONSIBILITIES OF SECRETARY.—In establishing and 

conducting the pilot program, the Secretary shall— 

(A) designate appropriate information systems to be 

included in the pilot program; 

(B) provide compensation to eligible individuals, 

organizations, and companies for reports of previously 

unidentified security vulnerabilities within the information 

systems designated under subparagraph (A); 

(C) establish criteria for individuals, organizations, and 

companies to be considered eligible for compensation under 

the pilot program in compliance with Federal laws; 

(D) consult with the Attorney General on how to ensure 

that approved individuals, organizations, or companies that 

comply with the requirements of the pilot program are 

protected from prosecution under section 1030 of title 18, 

United States Code, and similar provisions of law, and 

civil lawsuits for specific activities authorized under the 

pilot program; 

(E) consult with the Secretary of Defense and the heads 

of other departments and agencies that have implemented 

programs to provide compensation for reports of previously 

undisclosed vulnerabilities in information systems, 

regarding lessons that may be applied from such programs; 

and 

(F) develop an expeditious process by which an individual, organization, or company can register with the 

Department, submit to a background check as determined 

by the Department, and receive a determination as to 

eligibility; and 

(G) engage qualified interested persons, including nongovernment sector representatives, about the structure of 

the pilot program as constructive and to the extent practicable. 
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(3) CONTRACT AUTHORITY.—In establishing the pilot program, the Secretary, subject to the availability of appropriations, may award 1 or more competitive contracts to an entity, 

as necessary, to manage the pilot program. 

(c) REPORT TO CONGRESS.—Not later than 180 days after the 

date on which the pilot program is completed, the Secretary shall 

submit to the appropriate congressional committees a report on 

the pilot program, which shall include— 

(1) the number of individuals, organizations, or companies 

that participated in the pilot program, broken down by the 

number of individuals, organizations, or companies that— 

(A) registered; 

(B) were determined eligible; 

(C) submitted security vulnerabilities; and 

(D) received compensation; 

(2) the number and severity of vulnerabilities reported 

as part of the pilot program; 

(3) the number of previously unidentified security 

vulnerabilities remediated as a result of the pilot program; 

(4) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans; 

(5) the average length of time between the reporting of 

security vulnerabilities and remediation of the vulnerabilities; 

(6) the types of compensation provided under the pilot 

program; and 

(7) the lessons learned from the pilot program. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Department $250,000 for fiscal year 

2019 to carry out this section. 

SEC. 103. CONGRESSIONAL SUBMITTAL OF REPORTS RELATING TO 

CERTAIN SPECIAL ACCESS PROGRAMS AND SIMILAR PROGRAMS. 

The National Defense Authorization Act for Fiscal Year 1994 

(50 U.S.C. 3348) is amended— 

(1) by striking ‘‘Congress’’ each place it appears and 

inserting ‘‘the congressional oversight committees’’; 

(2) in subsection (f)(1), by striking ‘‘appropriate oversight 

committees’’ and inserting ‘‘congressional oversight committees’’; and 

(3) in subsection (g)— 

(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and 

(B) by inserting before paragraph (2), as so redesignated, the following: 

‘‘(1) CONGRESSIONAL OVERSIGHT COMMITTEES.—The term 

‘congressional oversight committees’ means— 

‘‘(A) congressional leadership and authorizing and 

appropriations congressional committees with jurisdiction 

or shared jurisdiction over a department or agency; 

‘‘(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

‘‘(C) the Committee on Oversight and Government 

Reform of the House of Representatives.’’. 
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TITLE II—FEDERAL ACQUISITION 

SUPPLY CHAIN SECURITY 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Federal Acquisition Supply 

Chain Security Act of 2018’’. 

SEC. 202. FEDERAL ACQUISITION SUPPLY CHAIN SECURITY. 

(a) IN GENERAL.—Chapter 13 of title 41, United States Code, 

is amended by adding at the end the following new subchapter: 

‘‘SUBCHAPTER III—FEDERAL ACQUISITION SUPPLY CHAIN 

SECURITY 

‘‘§ 1321. Definitions 

‘‘In this subchapter: 

‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES AND

LEADERSHIP.—The term ‘appropriate congressional committees 

and leadership’ means— 

‘‘(A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the 

majority and minority leader of the Senate; and 

‘‘(B) the Committee on Oversight and Government 

Reform, the Committee on the Judiciary, the Committee 

on Appropriations, the Committee on Homeland Security, 

the Committee on Armed Services, the Committee on 

Energy and Commerce, the Permanent Select Committee 

on Intelligence, and the Speaker and minority leader of 

the House of Representatives. 

‘‘(2) COUNCIL.—The term ‘Council’ means the Federal 

Acquisition Security Council established under section 1322(a) 

of this title. 

‘‘(3) COVERED ARTICLE.—The term ‘covered article’ has the 

meaning given that term in section 4713 of this title. 

‘‘(4) COVERED PROCUREMENT ACTION.—The term ‘covered 

procurement action’ has the meaning given that term in section 

4713 of this title. 

‘‘(5) INFORMATION AND COMMUNICATIONS TECHNOLOGY.— 

The term ‘information and communications technology’ has the 

meaning given that term in section 4713 of this title. 

‘‘(6) INTELLIGENCE COMMUNITY.—The term ‘intelligence 

community’ has the meaning given that term in section 3(4) 

of the National Security Act of 1947 (50 U.S.C. 3003(4)). 

‘‘(7) NATIONAL SECURITY SYSTEM.—The term ‘national security system’ has the meaning given that term in section 3552 

of title 44. 

‘‘(8) SUPPLY CHAIN RISK.—The term ‘supply chain risk’ has 

the meaning given that term in section 4713 of this title. 

‘‘§ 1322. Federal Acquisition Security Council establishment 

and membership 

‘‘(a) ESTABLISHMENT.—There is established in the executive 

branch a Federal Acquisition Security Council. 
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‘‘(b) MEMBERSHIP.— 

‘‘(1) IN GENERAL.—The following agencies shall be represented on the Council: 

‘‘(A) The Office of Management and Budget. 

‘‘(B) The General Services Administration. 

‘‘(C) The Department of Homeland Security, including 

the Cybersecurity and Infrastructure Security Agency. 

‘‘(D) The Office of the Director of National Intelligence, 

including the National Counterintelligence and Security 

Center. 

‘‘(E) The Department of Justice, including the Federal 

Bureau of Investigation. 

‘‘(F) The Department of Defense, including the National 

Security Agency. 

‘‘(G) The Department of Commerce, including the 

National Institute of Standards and Technology. 

‘‘(H) Such other executive agencies as determined by 

the Chairperson of the Council. 

‘‘(2) LEAD REPRESENTATIVES.— 

‘‘(A) DESIGNATION.— 

‘‘(i) IN GENERAL.—Not later than 45 days after 

the date of the enactment of the Federal Acquisition 

Supply Chain Security Act of 2018, the head of each 

agency represented on the Council shall designate a 

representative of that agency as the lead representative 

of the agency on the Council. 

‘‘(ii) REQUIREMENTS.—The representative of an 

agency designated under clause (i) shall have expertise 

in supply chain risk management, acquisitions, or 

information and communications technology. 

‘‘(B) FUNCTIONS.—The lead representative of an agency 

designated under subparagraph (A) shall ensure that 

appropriate personnel, including leadership and subject 

matter experts of the agency, are aware of the business 

of the Council. 

‘‘(c) CHAIRPERSON.— 

‘‘(1) DESIGNATION.—Not later than 45 days after the date 

of the enactment of the Federal Acquisition Supply Chain Security Act of 2018, the Director of the Office of Management 

and Budget shall designate a senior-level official from the Office 

of Management and Budget to serve as the Chairperson of 

the Council. 

‘‘(2) FUNCTIONS.—The Chairperson shall perform functions 

that include— 

‘‘(A) subject to subsection (d), developing a schedule 

for meetings of the Council; 

‘‘(B) designating executive agencies to be represented 

on the Council under subsection (b)(1)(H); 

‘‘(C) in consultation with the lead representative of 

each agency represented on the Council, developing a 

charter for the Council; and 

‘‘(D) not later than 7 days after completion of the 

charter, submitting the charter to the appropriate congressional committees and leadership. 

‘‘(d) MEETINGS.—The Council shall meet not later than 60 days 

after the date of the enactment of the Federal Acquisition Supply 
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Chain Security Act of 2018 and not less frequently than quarterly 

thereafter. 

‘‘§ 1323. Functions and authorities 

‘‘(a) IN GENERAL.—The Council shall perform functions that 

include the following: 

‘‘(1) Identifying and recommending development by the 

National Institute of Standards and Technology of supply chain 

risk management standards, guidelines, and practices for executive agencies to use when assessing and developing mitigation 

strategies to address supply chain risks, particularly in the 

acquisition and use of covered articles under section 1326(a) 

of this title. 

‘‘(2) Identifying or developing criteria for sharing information with executive agencies, other Federal entities, and nonFederal entities with respect to supply chain risk, including 

information related to the exercise of authorities provided under 

this section and sections 1326 and 4713 of this title. At a 

minimum, such criteria shall address— 

‘‘(A) the content to be shared; 

‘‘(B) the circumstances under which sharing is mandated or voluntary; and 

‘‘(C) the circumstances under which it is appropriate 

for an executive agency to rely on information made available through such sharing in exercising the responsibilities 

and authorities provided under this section and section 

4713 of this title. 

‘‘(3) Identifying an appropriate executive agency to— 

‘‘(A) accept information submitted by executive agencies based on the criteria established under paragraph 

(2); 

‘‘(B) facilitate the sharing of information received under 

subparagraph (A) to support supply chain risk analyses 

under section 1326 of this title, recommendations under 

this section, and covered procurement actions under section 

4713 of this title; 

‘‘(C) share with the Council information regarding covered procurement actions by executive agencies taken 

under section 4713 of this title; and 

‘‘(D) inform the Council of orders issued under this 

section. 

‘‘(4) Identifying, as appropriate, executive agencies to provide— 

‘‘(A) shared services, such as support for making risk 

assessments, validation of products that may be suitable 

for acquisition, and mitigation activities; and 

‘‘(B) common contract solutions to support supply chain 

risk management activities, such as subscription services 

or machine-learning-enhanced analysis applications to support informed decision making. 

‘‘(5) Identifying and issuing guidance on additional steps 

that may be necessary to address supply chain risks arising 

in the course of executive agencies providing shared services, 

common contract solutions, acquisitions vehicles, or assisted 

acquisitions. 

‘‘(6) Engaging with the private sector and other nongovernmental stakeholders in performing the functions described in 
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paragraphs (1) and (2) and on issues relating to the management of supply chain risks posed by the acquisition of covered 

articles. 

‘‘(7) Carrying out such other actions, as determined by 

the Council, that are necessary to reduce the supply chain 

risks posed by acquisitions and use of covered articles. 

‘‘(b) PROGRAM OFFICE AND COMMITTEES.—The Council may 

establish a program office and any committees, working groups, 

or other constituent bodies the Council deems appropriate, in its 

sole and unreviewable discretion, to carry out its functions. 

‘‘(c) AUTHORITY FOR EXCLUSION OR REMOVAL ORDERS.— 

‘‘(1) CRITERIA.—To reduce supply chain risk, the Council 

shall establish criteria and procedures for— 

‘‘(A) recommending orders applicable to executive agencies requiring the exclusion of sources or covered articles 

from executive agency procurement actions (in this section 

referred to as ‘exclusion orders’); 

‘‘(B) recommending orders applicable to executive agencies requiring the removal of covered articles from executive 

agency information systems (in this section referred to 

as ‘removal orders’); 

‘‘(C) requesting and approving exceptions to an issued 

exclusion or removal order when warranted by circumstances, including alternative mitigation actions or 

other findings relating to the national interest, including 

national security reviews, national security investigations, 

or national security agreements; and 

‘‘(D) ensuring that recommended orders do not conflict 

with standards and guidelines issued under section 11331 

of title 40 and that the Council consults with the Director 

of the National Institute of Standards and Technology 

regarding any recommended orders that would implement 

standards and guidelines developed by the National 

Institute of Standards and Technology. 

‘‘(2) RECOMMENDATIONS.—The Council shall use the criteria 

established under paragraph (1), information made available 

under subsection (a)(3), and any other information the Council 

determines appropriate to issue recommendations, for application to executive agencies or any subset thereof, regarding 

the exclusion of sources or covered articles from any executive 

agency procurement action, including source selection and consent for a contractor to subcontract, or the removal of covered 

articles from executive agency information systems. Such recommendations shall include— 

‘‘(A) information necessary to positively identify the 

sources or covered articles recommended for exclusion or 

removal; 

‘‘(B) information regarding the scope and applicability 

of the recommended exclusion or removal order; 

‘‘(C) a summary of any risk assessment reviewed or 

conducted in support of the recommended exclusion or 

removal order; 

‘‘(D) a summary of the basis for the recommendation, 

including a discussion of less intrusive measures that were 

considered and why such measures were not reasonably 

available to reduce supply chain risk; 
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‘‘(E) a description of the actions necessary to implement 

the recommended exclusion or removal order; and 

‘‘(F) where practicable, in the Council’s sole and 

unreviewable discretion, a description of mitigation steps 

that could be taken by the source that may result in 

the Council rescinding a recommendation. 

‘‘(3) NOTICE OF RECOMMENDATION AND REVIEW.—A notice 

of the Council’s recommendation under paragraph (2) shall 

be issued to any source named in the recommendation 

advising— 

‘‘(A) that a recommendation has been made; 

‘‘(B) of the criteria the Council relied upon under paragraph (1) and, to the extent consistent with national security and law enforcement interests, of information that 

forms the basis for the recommendation; 

‘‘(C) that, within 30 days after receipt of notice, the 

source may submit information and argument in opposition 

to the recommendation; 

‘‘(D) of the procedures governing the review and possible issuance of an exclusion or removal order pursuant 

to paragraph (5); and 

‘‘(E) where practicable, in the Council’s sole and 

unreviewable discretion, a description of mitigation steps 

that could be taken by the source that may result in 

the Council rescinding the recommendation. 

‘‘(4) CONFIDENTIALITY.—Any notice issued to a source under 

paragraph (3) shall be kept confidential until— 

‘‘(A) an exclusion or removal order is issued pursuant 

to paragraph (5); and 

‘‘(B) the source has been notified pursuant to paragraph 

(6). 

‘‘(5) EXCLUSION AND REMOVAL ORDERS.— 

‘‘(A) ORDER ISSUANCE.—Recommendations of the 

Council under paragraph (2), together with any information 

submitted by a source under paragraph (3) related to such 

a recommendation, shall be reviewed by the following officials, who may issue exclusion and removal orders based 

upon such recommendations: 

‘‘(i) The Secretary of Homeland Security, for exclusion and removal orders applicable to civilian agencies, 

to the extent not covered by clause (ii) or (iii). 

‘‘(ii) The Secretary of Defense, for exclusion and 

removal orders applicable to the Department of 

Defense and national security systems other than sensitive compartmented information systems. 

‘‘(iii) The Director of National Intelligence, for 

exclusion and removal orders applicable to the intelligence community and sensitive compartmented 

information systems, to the extent not covered by 

clause (ii). 

‘‘(B) DELEGATION.—The officials identified in subparagraph (A) may not delegate any authority under this 

subparagraph to an official below the level one level below 

the Deputy Secretary or Principal Deputy Director, except 

that the Secretary of Defense may delegate authority for 

removal orders to the Commander of the United States 

Cyber Command, who may not redelegate such authority 
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to an official below the level one level below the Deputy 

Commander. 

‘‘(C) FACILITATION OF EXCLUSION ORDERS.—If officials 

identified under this paragraph from the Department of 

Homeland Security, the Department of Defense, and the 

Office of the Director of National Intelligence issue orders 

collectively resulting in a governmentwide exclusion, the 

Administrator for General Services and officials at other 

executive agencies responsible for management of the Federal Supply Schedules, governmentwide acquisition contracts and multi-agency contracts shall help facilitate 

implementation of such orders by removing the covered 

articles or sources identified in the orders from such contracts. 

‘‘(D) REVIEW OF EXCLUSION AND REMOVAL ORDERS.— 

The officials identified under this paragraph shall review 

all exclusion and removal orders issued under subparagraph (A) not less frequently than annually pursuant to 

procedures established by the Council. 

‘‘(E) RESCISSION.—Orders issued pursuant to subparagraph (A) may be rescinded by an authorized official from 

the relevant issuing agency. 

‘‘(6) NOTIFICATIONS.—Upon issuance of an exclusion or 

removal order pursuant to paragraph (5)(A), the official identified under that paragraph who issued the order shall— 

‘‘(A) notify any source named in the order of— 

‘‘(i) the exclusion or removal order; and 

‘‘(ii) to the extent consistent with national security 

and law enforcement interests, information that forms 

the basis for the order; 

‘‘(B) provide classified or unclassified notice of the 

exclusion or removal order to the appropriate congressional 

committees and leadership; and 

‘‘(C) provide the exclusion or removal order to the 

agency identified in subsection (a)(3). 

‘‘(7) COMPLIANCE.—Executive agencies shall comply with 

exclusion and removal orders issued pursuant to paragraph 

(5). 

‘‘(d) AUTHORITY TO REQUEST INFORMATION.—The Council may 

request such information from executive agencies as is necessary 

for the Council to carry out its functions. 

‘‘(e) RELATIONSHIP TO OTHER COUNCILS.—The Council shall 

consult and coordinate, as appropriate, with other relevant councils 

and interagency committees, including the Chief Information Officers Council, the Chief Acquisition Officers Council, the Federal 

Acquisition Regulatory Council, and the Committee on Foreign 

Investment in the United States, with respect to supply chain 

risks posed by the acquisition and use of covered articles. 

‘‘(f) RULES OF CONSTRUCTION.—Nothing in this section shall 

be construed— 

‘‘(1) to limit the authority of the Office of Federal Procurement Policy to carry out the responsibilities of that Office 

under any other provision of law; or 

‘‘(2) to authorize the issuance of an exclusion or removal 

order based solely on the fact of foreign ownership of a potential 

procurement source that is otherwise qualified to enter into 

procurement contracts with the Federal Government. 
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‘‘§ 1324. Strategic plan 

‘‘(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of the Federal Acquisition Supply Chain Security 

Act of 2018, the Council shall develop a strategic plan for addressing 

supply chain risks posed by the acquisition of covered articles 

and for managing such risks that includes— 

‘‘(1) the criteria and processes required under section 

1323(a) of this title, including a threshold and requirements 

for sharing relevant information about such risks with all 

executive agencies and, as appropriate, with other Federal entities and non-Federal entities; 

‘‘(2) an identification of existing authorities for addressing 

such risks; 

‘‘(3) an identification and promulgation of best practices 

and procedures and available resources for executive agencies 

to assess and mitigate such risks; 

‘‘(4) recommendations for any legislative, regulatory, or 

other policy changes to improve efforts to address such risks; 

‘‘(5) recommendations for any legislative, regulatory, or 

other policy changes to incentivize the adoption of best practices 

for supply chain risk management by the private sector; 

‘‘(6) an evaluation of the effect of implementing new policies 

or procedures on existing contracts and the procurement 

process; 

‘‘(7) a plan for engaging with executive agencies, the private 

sector, and other nongovernmental stakeholders to address such 

risks; 

‘‘(8) a plan for identification, assessment, mitigation, and 

vetting of supply chain risks from existing and prospective 

information and communications technology made available by 

executive agencies to other executive agencies through common 

contract solutions, shared services, acquisition vehicles, or other 

assisted acquisition services; and 

‘‘(9) plans to strengthen the capacity of all executive agencies to conduct assessments of— 

‘‘(A) the supply chain risk posed by the acquisition 

of covered articles; and 

‘‘(B) compliance with the requirements of this subchapter. 

‘‘(b) SUBMISSION TO CONGRESS.—Not later than 7 calendar days 

after completion of the strategic plan required by subsection (a), 

the Chairperson of the Council shall submit the plan to the appropriate congressional committees and leadership. 

‘‘§ 1325. Annual report 

‘‘Not later than December 31 of each year, the Chairperson 

of the Council shall submit to the appropriate congressional committees and leadership a report on the activities of the Council during 

the preceding 12-month period. 

‘‘§ 1326. Requirements for executive agencies 

‘‘(a) IN GENERAL.—The head of each executive agency shall 

be responsible for— 

‘‘(1) assessing the supply chain risk posed by the acquisition 

and use of covered articles and avoiding, mitigating, accepting, 

or transferring that risk, as appropriate and consistent with 
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the standards, guidelines, and practices identified by the 

Council under section 1323(a)(1); and 

‘‘(2) prioritizing supply chain risk assessments conducted 

under paragraph (1) based on the criticality of the mission, 

system, component, service, or asset. 

‘‘(b) INCLUSIONS.—The responsibility for assessing supply chain 

risk described in subsection (a) includes— 

‘‘(1) developing an overall supply chain risk management 

strategy and implementation plan and policies and processes 

to guide and govern supply chain risk management activities; 

‘‘(2) integrating supply chain risk management practices 

throughout the life cycle of the system, component, service, 

or asset; 

‘‘(3) limiting, avoiding, mitigating, accepting, or transferring any identified risk; 

‘‘(4) sharing relevant information with other executive 

agencies as determined appropriate by the Council in a manner 

consistent with section 1323(a) of this title; 

‘‘(5) reporting on progress and effectiveness of the agency’s 

supply chain risk management consistent with guidance issued 

by the Office of Management and Budget and the Council; 

and 

‘‘(6) ensuring that all relevant information, including classified information, with respect to acquisitions of covered articles 

that may pose a supply chain risk, consistent with section 

1323(a) of this title, is incorporated into existing processes 

of the agency for conducting assessments described in subsection (a) and ongoing management of acquisition programs, 

including any identification, investigation, mitigation, or 

remediation needs. 

‘‘(c) INTERAGENCY ACQUISITIONS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

in the case of an interagency acquisition, subsection (a) shall 

be carried out by the head of the executive agency whose 

funds are being used to procure the covered article. 

‘‘(2) ASSISTED ACQUISITIONS.—In an assisted acquisition, 

the parties to the acquisition shall determine, as part of the 

interagency agreement governing the acquisition, which agency 

is responsible for carrying out subsection (a). 

‘‘(3) DEFINITIONS.—In this subsection, the terms ‘assisted 

acquisition’ and ‘interagency acquisition’ have the meanings 

given those terms in section 2.101 of title 48, Code of Federal 

Regulations (or any corresponding similar regulation or ruling). 

‘‘(d) ASSISTANCE.—The Secretary of Homeland Security may— 

‘‘(1) assist executive agencies in conducting risk assessments described in subsection (a) and implementing mitigation 

requirements for information and communications technology; 

and 

‘‘(2) provide such additional guidance or tools as are necessary to support actions taken by executive agencies. 

‘‘§ 1327. Judicial review procedures 

‘‘(a) IN GENERAL.—Except as provided in subsection (b) and 

chapter 71 of this title, and notwithstanding any other provision 

of law, an action taken under section 1323 or 4713 of this title, 

or any action taken by an executive agency to implement such 

an action, shall not be subject to administrative review or judicial 
H. R. 7327—14 

review, including bid protests before the Government Accountability 

Office or in any Federal court. 

‘‘(b) PETITIONS.— 

‘‘(1) IN GENERAL.—Not later than 60 days after a party 

is notified of an exclusion or removal order under section 

1323(c)(6) of this title or a covered procurement action under 

section 4713 of this title, the party may file a petition for 

judicial review in the United States Court of Appeals for the 

District of Columbia Circuit claiming that the issuance of the 

exclusion or removal order or covered procurement action is 

unlawful. 

‘‘(2) STANDARD OF REVIEW.—The Court shall hold unlawful 

a covered action taken under sections 1323 or 4713 of this 

title, in response to a petition that the court finds to be— 

‘‘(A) arbitrary, capricious, an abuse of discretion, or 

otherwise not in accordance with law; 

‘‘(B) contrary to constitutional right, power, privilege, 

or immunity; 

‘‘(C) in excess of statutory jurisdiction, authority, or 

limitation, or short of statutory right; 

‘‘(D) lacking substantial support in the administrative 

record taken as a whole or in classified information submitted to the court under paragraph (3); or 

‘‘(E) not in accord with procedures required by law. 

‘‘(3) EXCLUSIVE JURISDICTION.—The United States Court 

of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over claims arising under sections 1323(c)(5) 

or 4713 of this title against the United States, any United 

States department or agency, or any component or official of 

any such department or agency, subject to review by the 

Supreme Court of the United States under section 1254 of 

title 28. 

‘‘(4) ADMINISTRATIVE RECORD AND PROCEDURES.— 

‘‘(A) IN GENERAL.—The procedures described in this 

paragraph shall apply to the review of a petition under 

this section. 

‘‘(B) ADMINISTRATIVE RECORD.— 

‘‘(i) FILING OF RECORD.—The United States shall 

file with the court an administrative record, which 

shall consist of the information that the appropriate 

official relied upon in issuing an exclusion or removal 

order under section 1323(c)(5) or a covered procurement action under section 4713 of this title. 

‘‘(ii) UNCLASSIFIED, NONPRIVILEGED INFORMATION.—All unclassified information contained in the 

administrative record that is not otherwise privileged 

or subject to statutory protections shall be provided 

to the petitioner with appropriate protections for any 

privileged or confidential trade secrets and commercial 

or financial information. 

‘‘(iii) IN CAMERA AND EX PARTE.—The following 

information may be included in the administrative 

record and shall be submitted only to the court ex 

parte and in camera: 

‘‘(I) Classified information. 
H. R. 7327—15 

‘‘(II) Sensitive security information, as defined 

by section 1520.5 of title 49, Code of Federal Regulations. 

‘‘(III) Privileged law enforcement information. 

‘‘(IV) Information obtained or derived from any 

activity authorized under the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 

except that, with respect to such information, subsections (c), (e), (f), (g), and (h) of section 106 

(50 U.S.C. 1806), subsections (d), (f), (g), (h), and 

(i) of section 305 (50 U.S.C. 1825), subsections 

(c), (e), (f), (g), and (h) of section 405 (50 U.S.C. 

1845), and section 706 (50 U.S.C. 1881e) of that 

Act shall not apply. 

‘‘(V) Information subject to privilege or protections under any other provision of law. 

‘‘(iv) UNDER SEAL.—Any information that is part 

of the administrative record filed ex parte and in 

camera under clause (iii), or cited by the court in 

any decision, shall be treated by the court consistent 

with the provisions of this subparagraph and shall 

remain under seal and preserved in the records of 

the court to be made available consistent with the 

above provisions in the event of further proceedings. 

In no event shall such information be released to the 

petitioner or as part of the public record. 

‘‘(v) RETURN.—After the expiration of the time to 

seek further review, or the conclusion of further proceedings, the court shall return the administrative 

record, including any and all copies, to the United 

States. 

‘‘(C) EXCLUSIVE REMEDY.—A determination by the court 

under this subsection shall be the exclusive judicial remedy 

for any claim described in this section against the United 

States, any United States department or agency, or any 

component or official of any such department or agency. 

‘‘(D) RULE OF CONSTRUCTION.—Nothing in this section 

shall be construed as limiting, superseding, or preventing 

the invocation of, any privileges or defenses that are otherwise available at law or in equity to protect against the 

disclosure of information. 

‘‘(c) DEFINITION.—In this section, the term ‘classified information’— 

‘‘(1) has the meaning given that term in section 1(a) of 

the Classified Information Procedures Act (18 U.S.C. App.); 

and 

‘‘(2) includes— 

‘‘(A) any information or material that has been determined by the United States Government pursuant to an 

Executive order, statute, or regulation to require protection 

against unauthorized disclosure for reasons of national 

security; and 

‘‘(B) any restricted data, as defined in section 11 of 

the Atomic Energy Act of 1954 (42 U.S.C. 2014). 
H. R. 7327—16 

‘‘§ 1328. Termination 

‘‘This subchapter shall terminate on the date that is 5 years 

after the date of the enactment of the Federal Acquisition Supply 

Chain Security Act of 2018.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 13 of such title is amended by adding at the 

end the following new items: 

‘‘SUBCHAPTER III—FEDERAL ACQUISITION SUPPLY CHAIN SECURITY

‘‘Sec. 

‘‘1321. Definitions. 

‘‘1322. Federal Acquisition Security Council establishment and membership. 

‘‘1323. Functions and authorities. 

‘‘1324. Strategic plan. 

‘‘1325. Annual report. 

‘‘1326. Requirements for executive agencies. 

‘‘1327. Judicial review procedures. 

‘‘1328. Termination.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date that is 90 days after the date of 

the enactment of this Act and shall apply to contracts that are 

awarded before, on, or after that date. 

(d) IMPLEMENTATION.— 

(1) INTERIM FINAL RULE.—Not later than one year after 

the date of the enactment of this Act, the Federal Acquisition 

Security Council shall prescribe an interim final rule to implement subchapter III of chapter 13 of title 41, United States 

Code, as added by subsection (a). 

(2) FINAL RULE.—Not later than one year after prescribing 

the interim final rule under paragraph (1) and considering 

public comments with respect to such interim final rule, the 

Council shall prescribe a final rule to implement subchapter 

III of chapter 13 of title 41, United States Code, as added 

by subsection (a). 

(3) FAILURE TO ACT.— 

(A) IN GENERAL.—If the Council does not issue a final 

rule in accordance with paragraph (2) on or before the 

last day of the one-year period referred to in that paragraph, the Council shall submit to the appropriate congressional committees and leadership, not later than 10 days 

after such last day and every 90 days thereafter until 

the final rule is issued, a report explaining why the final 

rule was not timely issued and providing an estimate of 

the earliest date on which the final rule will be issued. 

(B) APPROPRIATE CONGRESSIONAL COMMITTEES AND

LEADERSHIP DEFINED.—In this paragraph, the term ‘‘appropriate congressional committees and leadership’’ has the 

meaning given that term in section 1321 of title 41, United 

States Code, as added by subsection (a). 

SEC. 203. AUTHORITIES OF EXECUTIVE AGENCIES RELATING TO MITIGATING SUPPLY CHAIN RISKS IN THE PROCUREMENT OF 

COVERED ARTICLES. 

(a) IN GENERAL.—Chapter 47 of title 41, United States Code, 

is amended by adding at the end the following new section: 
H. R. 7327—17 

‘‘§ 4713. Authorities relating to mitigating supply chain risks 

in the procurement of covered articles 

‘‘(a) AUTHORITY.—Subject to subsection (b), the head of an 

executive agency may carry out a covered procurement action. 

‘‘(b) DETERMINATION AND NOTIFICATION.—Except as authorized 

by subsection (c) to address an urgent national security interest, 

the head of an executive agency may exercise the authority provided 

in subsection (a) only after— 

‘‘(1) obtaining a joint recommendation, in unclassified or 

classified form, from the chief acquisition officer and the chief 

information officer of the agency, or officials performing similar 

functions in the case of executive agencies that do not have 

such officials, which includes a review of any risk assessment 

made available by the executive agency identified under section 

1323(a)(3) of this title, that there is a significant supply chain 

risk in a covered procurement; 

‘‘(2) providing notice of the joint recommendation described 

in paragraph (1) to any source named in the joint recommendation advising— 

‘‘(A) that a recommendation is being considered or 

has been obtained; 

‘‘(B) to the extent consistent with the national security 

and law enforcement interests, of information that forms 

the basis for the recommendation; 

‘‘(C) that, within 30 days after receipt of the notice, 

the source may submit information and argument in opposition to the recommendation; and 

‘‘(D) of the procedures governing the consideration of 

the submission and the possible exercise of the authority 

provided in subsection (a); 

‘‘(3) making a determination in writing, in unclassified 

or classified form, after considering any information submitted 

by a source under paragraph (2) and in consultation with 

the chief information security officer of the agency, that— 

‘‘(A) use of the authority under subsection (a) is necessary to protect national security by reducing supply chain 

risk; 

‘‘(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and 

‘‘(C) the use of such authorities will apply to a single 

covered procurement or a class of covered procurements, 

and otherwise specifies the scope of the determination; 

and 

‘‘(4) providing a classified or unclassified notice of the determination made under paragraph (3) to the appropriate congressional committees and leadership that includes— 

‘‘(A) the joint recommendation described in paragraph 

(1); 

‘‘(B) a summary of any risk assessment reviewed in 

support of the joint recommendation required by paragraph 

(1); and 

‘‘(C) a summary of the basis for the determination, 

including a discussion of less intrusive measures that were 

considered and why such measures were not reasonably 

available to reduce supply chain risk. 

‘‘(c) PROCEDURES TO ADDRESS URGENT NATIONAL SECURITY

INTERESTS.—In any case in which the head of an executive agency 
H. R. 7327—18 

determines that an urgent national security interest requires the 

immediate exercise of the authority provided in subsection (a), 

the head of the agency— 

‘‘(1) may, to the extent necessary to address such national 

security interest, and subject to the conditions in paragraph 

(2)— 

‘‘(A) temporarily delay the notice required by subsection (b)(2); 

‘‘(B) make the determination required by subsection 

(b)(3), regardless of whether the notice required by subsection (b)(2) has been provided or whether the notified 

source has submitted any information in response to such 

notice; 

‘‘(C) temporarily delay the notice required by subsection (b)(4); and 

‘‘(D) exercise the authority provided in subsection (a) 

in accordance with such determination within 60 calendar 

days after the day the determination is made; and 

‘‘(2) shall take actions necessary to comply with all requirements of subsection (b) as soon as practicable after addressing 

the urgent national security interest, including— 

‘‘(A) providing the notice required by subsection (b)(2); 

‘‘(B) promptly considering any information submitted 

by the source in response to such notice, and making any 

appropriate modifications to the determination based on 

such information; 

‘‘(C) providing the notice required by subsection (b)(4), 

including a description of the urgent national security 

interest, and any modifications to the determination made 

in accordance with subparagraph (B); and 

‘‘(D) providing notice to the appropriate congressional 

committees and leadership within 7 calendar days of the 

covered procurement actions taken under this section. 

‘‘(d) CONFIDENTIALITY.—The notice required by subsection (b)(2) 

shall be kept confidential until a determination with respect to 

a covered procurement action has been made pursuant to subsection 

(b)(3). 

‘‘(e) DELEGATION.—The head of an executive agency may not 

delegate the authority provided in subsection (a) or the responsibility identified in subsection (f) to an official below the level one 

level below the Deputy Secretary or Principal Deputy Director. 

‘‘(f) ANNUAL REVIEW OF DETERMINATIONS.—The head of an 

executive agency shall conduct an annual review of all determinations made by such head under subsection (b) and promptly amend 

any covered procurement action as appropriate. 

‘‘(g) REGULATIONS.—The Federal Acquisition Regulatory Council 

shall prescribe such regulations as may be necessary to carry out 

this section. 

‘‘(h) REPORTS REQUIRED.—Not less frequently than annually, 

the head of each executive agency that exercised the authority 

provided in subsection (a) or (c) during the preceding 12-month 

period shall submit to the appropriate congressional committees 

and leadership a report summarizing the actions taken by the 

agency under this section during that 12-month period. 

‘‘(i) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to authorize the head of an executive agency to carry 

out a covered procurement action based solely on the fact of foreign 
H. R. 7327—19 

ownership of a potential procurement source that is otherwise qualified to enter into procurement contracts with the Federal Government. 

‘‘(j) TERMINATION.—The authority provided under subsection 

(a) shall terminate on the date that is 5 years after the date 

of the enactment of the Federal Acquisition Supply Chain Security 

Act of 2018. 

‘‘(k) DEFINITIONS.—In this section: 

‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES AND

LEADERSHIP.—The term ‘appropriate congressional committees 

and leadership’ means— 

‘‘(A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the 

majority and minority leader of the Senate; and 

‘‘(B) the Committee on Oversight and Government 

Reform, the Committee on the Judiciary, the Committee 

on Appropriations, the Committee on Homeland Security, 

the Committee on Armed Services, the Committee on 

Energy and Commerce, the Permanent Select Committee 

on Intelligence, and the Speaker and minority leader of 

the House of Representatives. 

‘‘(2) COVERED ARTICLE.—The term ‘covered article’ means— 

‘‘(A) information technology, as defined in section 11101 

of title 40, including cloud computing services of all types; 

‘‘(B) telecommunications equipment or telecommunications service, as those terms are defined in section 3 

of the Communications Act of 1934 (47 U.S.C. 153); 

‘‘(C) the processing of information on a Federal or 

non-Federal information system, subject to the requirements of the Controlled Unclassified Information program; 

or 

‘‘(D) hardware, systems, devices, software, or services 

that include embedded or incidental information technology. 

‘‘(3) COVERED PROCUREMENT.—The term ‘covered procurement’ means— 

‘‘(A) a source selection for a covered article involving 

either a performance specification, as provided in subsection (a)(3)(B) of section 3306 of this title, or an evaluation factor, as provided in subsection (b)(1)(A) of such section, relating to a supply chain risk, or where supply chain 

risk considerations are included in the agency’s determination of whether a source is a responsible source as defined 

in section 113 of this title; 

‘‘(B) the consideration of proposals for and issuance 

of a task or delivery order for a covered article, as provided 

in section 4106(d)(3) of this title, where the task or delivery 

order contract includes a contract clause establishing a 

requirement relating to a supply chain risk; 

‘‘(C) any contract action involving a contract for a 

covered article where the contract includes a clause establishing requirements relating to a supply chain risk; or 

‘‘(D) any other procurement in a category of procurements determined appropriate by the Federal Acquisition 
H. R. 7327—20 

Regulatory Council, with the advice of the Federal Acquisition Security Council. 

‘‘(4) COVERED PROCUREMENT ACTION.—The term ‘covered 

procurement action’ means any of the following actions, if the 

action takes place in the course of conducting a covered procurement: 

‘‘(A) The exclusion of a source that fails to meet qualification requirements established under section 3311 of 

this title for the purpose of reducing supply chain risk 

in the acquisition or use of covered articles. 

‘‘(B) The exclusion of a source that fails to achieve 

an acceptable rating with regard to an evaluation factor 

providing for the consideration of supply chain risk in 

the evaluation of proposals for the award of a contract 

or the issuance of a task or delivery order. 

‘‘(C) The determination that a source is not a responsible source as defined in section 113 of this title based 

on considerations of supply chain risk. 

‘‘(D) The decision to withhold consent for a contractor 

to subcontract with a particular source or to direct a contractor to exclude a particular source from consideration 

for a subcontract under the contract. 

‘‘(5) INFORMATION AND COMMUNICATIONS TECHNOLOGY.— 

The term ‘information and communications technology’ means— 

‘‘(A) information technology, as defined in section 11101 

of title 40; 

‘‘(B) information systems, as defined in section 3502 

of title 44; and 

‘‘(C) telecommunications equipment and telecommunications services, as those terms are defined in section 3 

of the Communications Act of 1934 (47 U.S.C. 153). 

‘‘(6) SUPPLY CHAIN RISK.—The term ‘supply chain risk’ 

means the risk that any person may sabotage, maliciously 

introduce unwanted function, extract data, or otherwise 

manipulate the design, integrity, manufacturing, production, 

distribution, installation, operation, maintenance, disposition, 

or retirement of covered articles so as to surveil, deny, disrupt, 

or otherwise manipulate the function, use, or operation of the 

covered articles or information stored or transmitted on the 

covered articles. 

‘‘(7) EXECUTIVE AGENCY.—Notwithstanding section 

3101(c)(1), this section applies to the Department of Defense, 

the Coast Guard, and the National Aeronautics and Space 

Administration.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 47 of such title is amended by adding at the 

end the following new item: 

‘‘4713. Authorities relating to mitigating supply chain risks in the procurement of 

covered articles.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date that is 90 days after the date of 

the enactment of this Act and shall apply to contracts that are 

awarded before, on, or after that date. 

SEC. 204. FEDERAL INFORMATION SECURITY MODERNIZATION ACT. 

(a) IN GENERAL.—Title 44, United States Code, is amended— 
H. R. 7327—21 

(1) in section 3553(a)(5), by inserting ‘‘and section 1326 

of title 41’’ after ‘‘compliance with the requirements of this 

subchapter’’; and 

(2) in section 3554(a)(1)(B)— 

(A) by inserting ‘‘, subchapter III of chapter 13 of 

title 41,’’ after ‘‘complying with the requirements of this 

subchapter’’; 

(B) in clause (iv), by striking ‘‘; and’’ and inserting 

a semicolon; and 

(C) by adding at the end the following new clause: 

‘‘(vi) responsibilities relating to assessing and 

avoiding, mitigating, transferring, or accepting supply 

chain risks under section 1326 of title 41, and complying with exclusion and removal orders issued under 

section 1323 of such title; and’’. 

(b) RULE OF CONSTRUCTION.—Nothing in this title shall be 

construed to alter or impede any authority or responsibility under 

section 3553 of title 44, United States Code. 

SEC. 205. EFFECTIVE DATE. 

This title shall take effect on the date that is 90 days after 

the date of the enactment of this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.