II 

115TH CONGRESS 

2D SESSION H. R. 7327 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19, 2018 

Received 

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. 


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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; TABLE OF CONTENTS. 

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

5 ‘‘Strengthening and Enhancing Cyber-capabilities by Uti6 lizing Risk Exposure Technology Act’’ or the ‘‘SECURE 

7 Technology Act’’. 

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

9 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. 

10 TITLE I—DEPARTMENT OF 

11 HOMELAND SECURITY INFOR12 MATION SECURITY AND 

13 OTHER MATTERS 

14 SEC. 101. DEPARTMENT OF HOMELAND SECURITY DISCLO15 SURE OF SECURITY VULNERABILITIES. 

16 (a) VULNERABILITY DISCLOSURE POLICY.—The Sec17 retary of Homeland Security shall establish a policy appliVerDate Sep 11 2014 21:13 Dec 20, 2018 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7327.RDS H7327

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1 cable to individuals, organizations, and companies that re2 port security vulnerabilities on appropriate information 

3 systems of Department of Homeland Security. Such policy 

4 shall include each of the following: 

5 (1) The appropriate information systems of the 

6 Department that individuals, organizations, and 

7 companies may use to discover and report security 

8 vulnerabilities on appropriate information systems. 

9 (2) The conditions and criteria under which in10 dividuals, organizations, and companies may operate 

11 to discover and report security vulnerabilities. 

12 (3) How individuals, organizations, and compa13 nies may disclose to the Department security 

14 vulnerabilities discovered on appropriate information 

15 systems of the Department. 

16 (4) The ways in which the Department may 

17 communicate with individuals, organizations, and 

18 companies that report security vulnerabilities. 

19 (5) The process the Department shall use for 

20 public disclosure of reported security vulnerabilities. 

21 (b) REMEDIATION PROCESS.—The Secretary of 

22 Homeland Security shall develop a process for the Depart23 ment of Homeland Security to address the mitigation or 

24 remediation of the security vulnerabilities reported 

25 through the policy developed in subsection (a). 


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1 (c) CONSULTATION.— 

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

3 vulnerability disclosure policy under subsection (a), 

4 the Secretary of Homeland Security shall consult 

5 with each of the following: 

6 (A) The Attorney General regarding how 

7 to ensure that individuals, organizations, and 

8 companies that comply with the requirements of 

9 the policy developed under subsection (a) are 

10 protected from prosecution under section 1030 

11 of title 18, United States Code, civil lawsuits, 

12 and similar provisions of law with respect to 

13 specific activities authorized under the policy. 

14 (B) The Secretary of Defense and the Ad15 ministrator of General Services regarding les16 sons that may be applied from existing vulner17 ability disclosure policies. 

18 (C) Non-governmental security researchers. 

19 (2) NONAPPLICABILITY OF FACA.—The Federal 

20 Advisory Committee Act (5 U.S.C. App.) shall not 

21 apply to any consultation under this section. 

22 (d) PUBLIC AVAILABILITY.—The Secretary of Home23 land Security shall make the policy developed under sub24 section (a) publicly available. 

25 (e) SUBMISSION TO CONGRESS.— 


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1 (1) DISCLOSURE POLICY AND REMEDIATION

2 PROCESS.—Not later than 90 days after the date of 

3 the enactment of this Act, the Secretary of Home4 land Security shall submit to the appropriate con5 gressional committees a copy of the policy required 

6 under subsection (a) and the remediation process re7 quired under subsection (b). 

8 (2) REPORT AND BRIEFING.— 

9 (A) REPORT.—Not later than one year 

10 after establishing the policy required under sub11 section (a), the Secretary of Homeland Security 

12 shall submit to the appropriate congressional 

13 committees a report on such policy and the re14 mediation process required under subsection 

15 (b). 

16 (B) ANNUAL BRIEFINGS.—One year after 

17 the date of the submission of the report under 

18 subparagraph (A), and annually thereafter for 

19 each of the next three years, the Secretary of 

20 Homeland Security shall provide to the appro21 priate congressional committees a briefing on 

22 the policy required under subsection (a) and the 

23 process required under subsection (b). 

24 (C) MATTERS FOR INCLUSION.—The re25 port required under subparagraph (A) and the 


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1 briefings required under subparagraph (B) shall 

2 include each of the following with respect to the 

3 policy required under subsection (a) and the 

4 process required under subsection (b) for the 

5 period covered by the report or briefing, as the 

6 case may be: 

7 (i) The number of unique security 

8 vulnerabilities reported. 

9 (ii) The number of previously un10 known security vulnerabilities mitigated or 

11 remediated. 

12 (iii) The number of unique individ13 uals, organizations, and companies that re14 ported security vulnerabilities. 

15 (iv) The average length of time be16 tween the reporting of security 

17 vulnerabilities and mitigation or remedi18 ation of such vulnerabilities. 

19 (f) DEFINITIONS.—In this section: 

20 (1) The term ‘‘security vulnerability’’ has the 

21 meaning given that term in section 102(17) of the 

22 Cybersecurity Information Sharing Act of 2015 (6 

23 U.S.C. 1501(17)), in information technology. 


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1 (2) The term ‘‘information system’’ has the 

2 meaning given that term by section 3502 of title 44, 

3 United States Code. 

4 (3) The term ‘‘appropriate information system’’ 

5 means an information system that the Secretary of 

6 Homeland Security selects for inclusion under the 

7 vulnerability disclosure policy required by subsection 

8 (a). 

9 (4) The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the Committee on Homeland Security, 

12 the Committee on Armed Services, the Com13 mittee on Energy and Commerce, and the Per14 manent Select Committee on Intelligence of the 

15 House of Representatives; and 

16 (B) the Committee on Homeland Security 

17 and Governmental Affairs, the Committee on 

18 Armed Services, the Committee on Commerce, 

19 Science, and Transportation, and the Select 

20 Committee on Intelligence of the Senate. 

21 SEC. 102. DEPARTMENT OF HOMELAND SECURITY BUG 

22 BOUNTY PILOT PROGRAM. 

23 (a) DEFINITIONS.—In this section: 

24 (1) The term ‘‘appropriate congressional com25 mittees’’ means— 


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1 (A) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; 

3 (B) the Select Committee on Intelligence 

4 of the Senate; 

5 (C) the Committee on Homeland Security 

6 of the House of Representatives; and 

7 (D) Permanent Select Committee on Intel8 ligence of the House of Representatives. 

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

10 program under which— 

11 (A) individuals, organizations, and compa12 nies are temporarily authorized to identify and 

13 report vulnerabilities of appropriate information 

14 systems of the Department; and 

15 (B) eligible individuals, organizations, and 

16 companies receive compensation in exchange for 

17 such reports. 

18 (3) The term ‘‘Department’’ means the Depart19 ment of Homeland Security. 

20 (4) The term ‘‘eligible individual, organization, 

21 or company’’ means an individual, organization, or 

22 company that meets such criteria as the Secretary 

23 determines in order to receive compensation in com24 pliance with Federal laws. 


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1 (5) The term ‘‘information system’’ has the 

2 meaning given the term in section 3502 of title 44, 

3 United States Code. 

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

5 bounty pilot program required to be established 

6 under subsection (b)(1). 

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

8 of Homeland Security. 

9 (b) BUG BOUNTY PILOT PROGRAM.— 

10 (1) ESTABLISHMENT.—Not later than 180 days 

11 after the date of enactment of this Act, the Sec12 retary shall establish, within the Office of the Chief 

13 Information Officer, a bug bounty pilot program to 

14 minimize vulnerabilities of appropriate information 

15 systems of the Department. 

16 (2) RESPONSIBILITIES OF SECRETARY.—In es17 tablishing and conducting the pilot program, the 

18 Secretary shall— 

19 (A) designate appropriate information sys20 tems to be included in the pilot program; 

21 (B) provide compensation to eligible indi22 viduals, organizations, and companies for re23 ports of previously unidentified security 

24 vulnerabilities within the information systems 

25 designated under subparagraph (A); 


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1 (C) establish criteria for individuals, orga2 nizations, and companies to be considered eligi3 ble for compensation under the pilot program in 

4 compliance with Federal laws; 

5 (D) consult with the Attorney General on 

6 how to ensure that approved individuals, orga7 nizations, or companies that comply with the 

8 requirements of the pilot program are protected 

9 from prosecution under section 1030 of title 18, 

10 United States Code, and similar provisions of 

11 law, and civil lawsuits for specific activities au12 thorized under the pilot program; 

13 (E) consult with the Secretary of Defense 

14 and the heads of other departments and agen15 cies that have implemented programs to provide 

16 compensation for reports of previously undis17 closed vulnerabilities in information systems, re18 garding lessons that may be applied from such 

19 programs; and 

20 (F) develop an expeditious process by 

21 which an individual, organization, or company 

22 can register with the Department, submit to a 

23 background check as determined by the Depart24 ment, and receive a determination as to eligi25 bility; and 


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1 (G) engage qualified interested persons, in2 cluding non-government sector representatives, 

3 about the structure of the pilot program as con4 structive and to the extent practicable. 

5 (3) CONTRACT AUTHORITY.—In establishing 

6 the pilot program, the Secretary, subject to the 

7 availability of appropriations, may award 1 or more 

8 competitive contracts to an entity, as necessary, to 

9 manage the pilot program. 

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

11 after the date on which the pilot program is completed, 

12 the Secretary shall submit to the appropriate congres13 sional committees a report on the pilot program, which 

14 shall include— 

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

16 companies that participated in the pilot program, 

17 broken down by the number of individuals, organiza18 tions, or companies that— 

19 (A) registered; 

20 (B) were determined eligible; 

21 (C) submitted security vulnerabilities; and 

22 (D) received compensation; 

23 (2) the number and severity of vulnerabilities 

24 reported as part of the pilot program; 


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1 (3) the number of previously unidentified secu2 rity vulnerabilities remediated as a result of the pilot 

3 program; 

4 (4) the current number of outstanding pre5 viously unidentified security vulnerabilities and De6 partment remediation plans; 

7 (5) the average length of time between the re8 porting of security vulnerabilities and remediation of 

9 the vulnerabilities; 

10 (6) the types of compensation provided under 

11 the pilot program; and 

12 (7) the lessons learned from the pilot program. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Department 

15 $250,000 for fiscal year 2019 to carry out this section. 

16 SEC. 103. CONGRESSIONAL SUBMITTAL OF REPORTS RE17 LATING TO CERTAIN SPECIAL ACCESS PRO18 GRAMS AND SIMILAR PROGRAMS. 

19 The National Defense Authorization Act for Fiscal 

20 Year 1994 (50 U.S.C. 3348) is amended— 

21 (1) by striking ‘‘Congress’’ each place it ap22 pears and inserting ‘‘the congressional oversight 

23 committees’’; 


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1 (2) in subsection (f)(1), by striking ‘‘appro2 priate oversight committees’’ and inserting ‘‘congres3 sional oversight committees’’; and 

4 (3) in subsection (g)— 

5 (A) by redesignating paragraphs (1) and 

6 (2) as paragraphs (2) and (3), respectively; and 

7 (B) by inserting before paragraph (2), as 

8 so redesignated, the following: 

9 ‘‘(1) CONGRESSIONAL OVERSIGHT COMMIT10 TEES.—The term ‘congressional oversight commit11 tees’ means— 

12 ‘‘(A) congressional leadership and author13 izing and appropriations congressional commit14 tees with jurisdiction or shared jurisdiction over 

15 a department or agency; 

16 ‘‘(B) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; and 

18 ‘‘(C) the Committee on Oversight and Gov19 ernment Reform of the House of Representa20 tives.’’. 


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1 TITLE II—FEDERAL ACQUISI2 TION SUPPLY CHAIN SECU3 RITY 

4 SEC. 201. SHORT TITLE. 

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

6 Supply Chain Security Act of 2018’’. 

7 SEC. 202. FEDERAL ACQUISITION SUPPLY CHAIN SECURITY. 

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

9 States Code, is amended by adding at the end the fol10 lowing new subchapter: 

11 ‘‘SUBCHAPTER III—FEDERAL ACQUISITION 

12 SUPPLY CHAIN SECURITY 

13 ‘‘§ 1321. Definitions 

14 ‘‘In this subchapter: 

15 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES AND LEADERSHIP.—The term ‘appropriate 

17 congressional committees and leadership’ means— 

18 ‘‘(A) the Committee on Homeland Security 

19 and Governmental Affairs, the Committee on 

20 the Judiciary, the Committee on Appropria21 tions, the Committee on Armed Services, the 

22 Committee on Commerce, Science, and Trans23 portation, the Select Committee on Intelligence, 

24 and the majority and minority leader of the 

25 Senate; and 


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1 ‘‘(B) the Committee on Oversight and Gov2 ernment Reform, the Committee on the Judici3 ary, the Committee on Appropriations, the 

4 Committee on Homeland Security, the Com5 mittee on Armed Services, the Committee on 

6 Energy and Commerce, the Permanent Select 

7 Committee on Intelligence, and the Speaker and 

8 minority leader of the House of Representa9 tives. 

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

11 Federal Acquisition Security Council established 

12 under section 1322(a) of this title. 

13 ‘‘(3) COVERED ARTICLE.—The term ‘covered 

14 article’ has the meaning given that term in section 

15 4713 of this title. 

16 ‘‘(4) COVERED PROCUREMENT ACTION.—The 

17 term ‘covered procurement action’ has the meaning 

18 given that term in section 4713 of this title. 

19 ‘‘(5) INFORMATION AND COMMUNICATIONS

20 TECHNOLOGY.—The term ‘information and commu21 nications technology’ has the meaning given that 

22 term in section 4713 of this title. 

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

24 ‘intelligence community’ has the meaning given that 


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1 term in section 3(4) of the National Security Act of 

2 1947 (50 U.S.C. 3003(4)). 

3 ‘‘(7) NATIONAL SECURITY SYSTEM.—The term 

4 ‘national security system’ has the meaning given 

5 that term in section 3552 of title 44. 

6 ‘‘(8) SUPPLY CHAIN RISK.—The term ‘supply 

7 chain risk’ has the meaning given that term in sec8 tion 4713 of this title. 

9 ‘‘§ 1322. Federal Acquisition Security Council estab10 lishment and membership 

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

12 executive branch a Federal Acquisition Security Council. 

13 ‘‘(b) MEMBERSHIP.— 

14 ‘‘(1) IN GENERAL.—The following agencies 

15 shall be represented on the Council: 

16 ‘‘(A) The Office of Management and 

17 Budget. 

18 ‘‘(B) The General Services Administration. 

19 ‘‘(C) The Department of Homeland Secu20 rity, including the Cybersecurity and Infra21 structure Security Agency. 

22 ‘‘(D) The Office of the Director of Na23 tional Intelligence, including the National Coun24 terintelligence and Security Center. 


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1 ‘‘(E) The Department of Justice, including 

2 the Federal Bureau of Investigation. 

3 ‘‘(F) The Department of Defense, includ4 ing the National Security Agency. 

5 ‘‘(G) The Department of Commerce, in6 cluding the National Institute of Standards and 

7 Technology. 

8 ‘‘(H) Such other executive agencies as de9 termined by the Chairperson of the Council. 

10 ‘‘(2) LEAD REPRESENTATIVES.— 

11 ‘‘(A) DESIGNATION.— 

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

13 days after the date of the enactment of the 

14 Federal Acquisition Supply Chain Security 

15 Act of 2018, the head of each agency rep16 resented on the Council shall designate a 

17 representative of that agency as the lead 

18 representative of the agency on the Coun19 cil. 

20 ‘‘(ii) REQUIREMENTS.—The rep21 resentative of an agency designated under 

22 clause (i) shall have expertise in supply 

23 chain risk management, acquisitions, or in24 formation and communications technology. 


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1 ‘‘(B) FUNCTIONS.—The lead representa2 tive of an agency designated under subpara3 graph (A) shall ensure that appropriate per4 sonnel, including leadership and subject matter 

5 experts of the agency, are aware of the business 

6 of the Council. 

7 ‘‘(c) CHAIRPERSON.— 

8 ‘‘(1) DESIGNATION.—Not later than 45 days 

9 after the date of the enactment of the Federal Ac10 quisition Supply Chain Security Act of 2018, the Di11 rector of the Office of Management and Budget 

12 shall designate a senior-level official from the Office 

13 of Management and Budget to serve as the Chair14 person of the Council. 

15 ‘‘(2) FUNCTIONS.—The Chairperson shall per16 form functions that include— 

17 ‘‘(A) subject to subsection (d), developing 

18 a schedule for meetings of the Council; 

19 ‘‘(B) designating executive agencies to be 

20 represented on the Council under subsection 

21 (b)(1)(H); 

22 ‘‘(C) in consultation with the lead rep23 resentative of each agency represented on the 

24 Council, developing a charter for the Council; 

25 and 


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1 ‘‘(D) not later than 7 days after comple2 tion of the charter, submitting the charter to 

3 the appropriate congressional committees and 

4 leadership. 

5 ‘‘(d) MEETINGS.—The Council shall meet not later 

6 than 60 days after the date of the enactment of the Fed7 eral Acquisition Supply Chain Security Act of 2018 and 

8 not less frequently than quarterly thereafter. 

9 ‘‘§ 1323. Functions and authorities 

10 ‘‘(a) IN GENERAL.—The Council shall perform func11 tions that include the following: 

12 ‘‘(1) Identifying and recommending develop13 ment by the National Institute of Standards and 

14 Technology of supply chain risk management stand15 ards, guidelines, and practices for executive agencies 

16 to use when assessing and developing mitigation 

17 strategies to address supply chain risks, particularly 

18 in the acquisition and use of covered articles under 

19 section 1326(a) of this title. 

20 ‘‘(2) Identifying or developing criteria for shar21 ing information with executive agencies, other Fed22 eral entities, and non-Federal entities with respect to 

23 supply chain risk, including information related to 

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1 tion and sections 1326 and 4713 of this title. At a 

2 minimum, such criteria shall address— 

3 ‘‘(A) the content to be shared; 

4 ‘‘(B) the circumstances under which shar5 ing is mandated or voluntary; and 

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

7 appropriate for an executive agency to rely on 

8 information made available through such shar9 ing in exercising the responsibilities and au10 thorities provided under this section and section 

11 4713 of this title. 

12 ‘‘(3) Identifying an appropriate executive agen13 cy to— 

14 ‘‘(A) accept information submitted by exec15 utive agencies based on the criteria established 

16 under paragraph (2); 

17 ‘‘(B) facilitate the sharing of information 

18 received under subparagraph (A) to support 

19 supply chain risk analyses under section 1326 

20 of this title, recommendations under this sec21 tion, and covered procurement actions under 

22 section 4713 of this title; 

23 ‘‘(C) share with the Council information 

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1 utive agencies taken under section 4713 of this 

2 title; and 

3 ‘‘(D) inform the Council of orders issued 

4 under this section. 

5 ‘‘(4) Identifying, as appropriate, executive agen6 cies to provide— 

7 ‘‘(A) shared services, such as support for 

8 making risk assessments, validation of products 

9 that may be suitable for acquisition, and miti10 gation activities; and 

11 ‘‘(B) common contract solutions to support 

12 supply chain risk management activities, such 

13 as subscription services or machine-learning-en14 hanced analysis applications to support in15 formed decision making. 

16 ‘‘(5) Identifying and issuing guidance on addi17 tional steps that may be necessary to address supply 

18 chain risks arising in the course of executive agen19 cies providing shared services, common contract so20 lutions, acquisitions vehicles, or assisted acquisitions. 

21 ‘‘(6) Engaging with the private sector and other 

22 nongovernmental stakeholders in performing the 

23 functions described in paragraphs (1) and (2) and 

24 on issues relating to the management of supply 


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1 chain risks posed by the acquisition of covered arti2 cles. 

3 ‘‘(7) Carrying out such other actions, as deter4 mined by the Council, that are necessary to reduce 

5 the supply chain risks posed by acquisitions and use 

6 of covered articles. 

7 ‘‘(b) PROGRAM OFFICE AND COMMITTEES.—The 

8 Council may establish a program office and any commit9 tees, working groups, or other constituent bodies the 

10 Council deems appropriate, in its sole and unreviewable 

11 discretion, to carry out its functions. 

12 ‘‘(c) AUTHORITY FOR EXCLUSION OR REMOVAL OR13 DERS.— 

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

15 the Council shall establish criteria and procedures 

16 for— 

17 ‘‘(A) recommending orders applicable to 

18 executive agencies requiring the exclusion of 

19 sources or covered articles from executive agen20 cy procurement actions (in this section referred 

21 to as ‘exclusion orders’); 

22 ‘‘(B) recommending orders applicable to 

23 executive agencies requiring the removal of cov24 ered articles from executive agency information 


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1 systems (in this section referred to as ‘removal 

2 orders’); 

3 ‘‘(C) requesting and approving exceptions 

4 to an issued exclusion or removal order when 

5 warranted by circumstances, including alter6 native mitigation actions or other findings relat7 ing to the national interest, including national 

8 security reviews, national security investiga9 tions, or national security agreements; and 

10 ‘‘(D) ensuring that recommended orders do 

11 not conflict with standards and guidelines 

12 issued under section 11331 of title 40 and that 

13 the Council consults with the Director of the 

14 National Institute of Standards and Technology 

15 regarding any recommended orders that would 

16 implement standards and guidelines developed 

17 by the National Institute of Standards and 

18 Technology. 

19 ‘‘(2) RECOMMENDATIONS.—The Council shall 

20 use the criteria established under paragraph (1), in21 formation made available under subsection (a)(3), 

22 and any other information the Council determines 

23 appropriate to issue recommendations, for applica24 tion to executive agencies or any subset thereof, re25 garding the exclusion of sources or covered articles 


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1 from any executive agency procurement action, in2 cluding source selection and consent for a contractor 

3 to subcontract, or the removal of covered articles 

4 from executive agency information systems. Such 

5 recommendations shall include— 

6 ‘‘(A) information necessary to positively 

7 identify the sources or covered articles rec8 ommended for exclusion or removal; 

9 ‘‘(B) information regarding the scope and 

10 applicability of the recommended exclusion or 

11 removal order; 

12 ‘‘(C) a summary of any risk assessment re13 viewed or conducted in support of the rec14 ommended exclusion or removal order; 

15 ‘‘(D) a summary of the basis for the rec16 ommendation, including a discussion of less in17 trusive measures that were considered and why 

18 such measures were not reasonably available to 

19 reduce supply chain risk; 

20 ‘‘(E) a description of the actions necessary 

21 to implement the recommended exclusion or re22 moval order; and 

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

24 sole and unreviewable discretion, a description 

25 of mitigation steps that could be taken by the 


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1 source that may result in the Council rescinding 

2 a recommendation. 

3 ‘‘(3) NOTICE OF RECOMMENDATION AND RE4 VIEW.—A notice of the Council’s recommendation 

5 under paragraph (2) shall be issued to any source 

6 named in the recommendation advising— 

7 ‘‘(A) that a recommendation has been 

8 made; 

9 ‘‘(B) of the criteria the Council relied upon 

10 under paragraph (1) and, to the extent con11 sistent with national security and law enforce12 ment interests, of information that forms the 

13 basis for the recommendation; 

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

15 notice, the source may submit information and 

16 argument in opposition to the recommendation; 

17 ‘‘(D) of the procedures governing the re18 view and possible issuance of an exclusion or re19 moval order pursuant to paragraph (5); and 

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

21 sole and unreviewable discretion, a description 

22 of mitigation steps that could be taken by the 

23 source that may result in the Council rescinding 

24 the recommendation. 


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1 ‘‘(4) CONFIDENTIALITY.—Any notice issued to 

2 a source under paragraph (3) shall be kept confiden3 tial until— 

4 ‘‘(A) an exclusion or removal order is 

5 issued pursuant to paragraph (5); and 

6 ‘‘(B) the source has been notified pursuant 

7 to paragraph (6). 

8 ‘‘(5) EXCLUSION AND REMOVAL ORDERS.— 

9 ‘‘(A) ORDER ISSUANCE.—Recommenda10 tions of the Council under paragraph (2), to11 gether with any information submitted by a 

12 source under paragraph (3) related to such a 

13 recommendation, shall be reviewed by the fol14 lowing officials, who may issue exclusion and 

15 removal orders based upon such recommenda16 tions: 

17 ‘‘(i) The Secretary of Homeland Secu18 rity, for exclusion and removal orders ap19 plicable to civilian agencies, to the extent 

20 not covered by clause (ii) or (iii). 

21 ‘‘(ii) The Secretary of Defense, for ex22 clusion and removal orders applicable to 

23 the Department of Defense and national 

24 security systems other than sensitive com25 partmented information systems. 


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1 ‘‘(iii) The Director of National Intel2 ligence, for exclusion and removal orders 

3 applicable to the intelligence community 

4 and sensitive compartmented information 

5 systems, to the extent not covered by 

6 clause (ii). 

7 ‘‘(B) DELEGATION.—The officials identi8 fied in subparagraph (A) may not delegate any 

9 authority under this subparagraph to an official 

10 below the level one level below the Deputy Sec11 retary or Principal Deputy Director, except that 

12 the Secretary of Defense may delegate author13 ity for removal orders to the Commander of the 

14 United States Cyber Command, who may not 

15 redelegate such authority to an official below 

16 the level one level below the Deputy Com17 mander. 

18 ‘‘(C) FACILITATION OF EXCLUSION OR19 DERS.—If officials identified under this para20 graph from the Department of Homeland Secu21 rity, the Department of Defense, and the Office 

22 of the Director of National Intelligence issue or23 ders collectively resulting in a governmentwide 

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1 sponsible for management of the Federal Sup2 ply Schedules, governmentwide acquisition con3 tracts and multi-agency contracts shall help fa4 cilitate implementation of such orders by re5 moving the covered articles or sources identified 

6 in the orders from such contracts. 

7 ‘‘(D) REVIEW OF EXCLUSION AND RE8 MOVAL ORDERS.—The officials identified under 

9 this paragraph shall review all exclusion and re10 moval orders issued under subparagraph (A) 

11 not less frequently than annually pursuant to 

12 procedures established by the Council. 

13 ‘‘(E) RESCISSION.—Orders issued pursu14 ant to subparagraph (A) may be rescinded by 

15 an authorized official from the relevant issuing 

16 agency. 

17 ‘‘(6) NOTIFICATIONS.—Upon issuance of an ex18 clusion or removal order pursuant to paragraph 

19 (5)(A), the official identified under that paragraph 

20 who issued the order shall— 

21 ‘‘(A) notify any source named in the order 

22 of— 

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

24 and 


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1 ‘‘(ii) to the extent consistent with na2 tional security and law enforcement inter3 ests, information that forms the basis for 

4 the order; 

5 ‘‘(B) provide classified or unclassified no6 tice of the exclusion or removal order to the ap7 propriate congressional committees and leader8 ship; and 

9 ‘‘(C) provide the exclusion or removal 

10 order to the agency identified in subsection 

11 (a)(3). 

12 ‘‘(7) COMPLIANCE.—Executive agencies shall 

13 comply with exclusion and removal orders issued 

14 pursuant to paragraph (5). 

15 ‘‘(d) AUTHORITY TO REQUEST INFORMATION.—The 

16 Council may request such information from executive 

17 agencies as is necessary for the Council to carry out its 

18 functions. 

19 ‘‘(e) RELATIONSHIP TO OTHER COUNCILS.—The 

20 Council shall consult and coordinate, as appropriate, with 

21 other relevant councils and interagency committees, in22 cluding the Chief Information Officers Council, the Chief 

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1 ment in the United States, with respect to supply chain 

2 risks posed by the acquisition and use of covered articles. 

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

4 section shall be construed— 

5 ‘‘(1) to limit the authority of the Office of Fed6 eral Procurement Policy to carry out the responsibil7 ities of that Office under any other provision of law; 

8 or 

9 ‘‘(2) to authorize the issuance of an exclusion 

10 or removal order based solely on the fact of foreign 

11 ownership of a potential procurement source that is 

12 otherwise qualified to enter into procurement con13 tracts with the Federal Government. 

14 ‘‘§ 1324. Strategic plan 

15 ‘‘(a) IN GENERAL.—Not later than 180 days after 

16 the date of the enactment of the Federal Acquisition Sup17 ply Chain Security Act of 2018, the Council shall develop 

18 a strategic plan for addressing supply chain risks posed 

19 by the acquisition of covered articles and for managing 

20 such risks that includes— 

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

22 section 1323(a) of this title, including a threshold 

23 and requirements for sharing relevant information 

24 about such risks with all executive agencies and, as 


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1 appropriate, with other Federal entities and non2 Federal entities; 

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

4 addressing such risks; 

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

6 practices and procedures and available resources for 

7 executive agencies to assess and mitigate such risks; 

8 ‘‘(4) recommendations for any legislative, regu9 latory, or other policy changes to improve efforts to 

10 address such risks; 

11 ‘‘(5) recommendations for any legislative, regu12 latory, or other policy changes to incentivize the 

13 adoption of best practices for supply chain risk man14 agement by the private sector; 

15 ‘‘(6) an evaluation of the effect of implementing 

16 new policies or procedures on existing contracts and 

17 the procurement process; 

18 ‘‘(7) a plan for engaging with executive agen19 cies, the private sector, and other nongovernmental 

20 stakeholders to address such risks; 

21 ‘‘(8) a plan for identification, assessment, miti22 gation, and vetting of supply chain risks from exist23 ing and prospective information and communications 

24 technology made available by executive agencies to 

25 other executive agencies through common contract 


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1 solutions, shared services, acquisition vehicles, or 

2 other assisted acquisition services; and 

3 ‘‘(9) plans to strengthen the capacity of all ex4 ecutive agencies to conduct assessments of— 

5 ‘‘(A) the supply chain risk posed by the ac6 quisition of covered articles; and 

7 ‘‘(B) compliance with the requirements of 

8 this subchapter. 

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

10 calendar days after completion of the strategic plan re11 quired by subsection (a), the Chairperson of the Council 

12 shall submit the plan to the appropriate congressional 

13 committees and leadership. 

14 ‘‘§ 1325. Annual report 

15 ‘‘Not later than December 31 of each year, the Chair16 person of the Council shall submit to the appropriate con17 gressional committees and leadership a report on the ac18 tivities of the Council during the preceding 12-month pe19 riod. 

20 ‘‘§ 1326. Requirements for executive agencies 

21 ‘‘(a) IN GENERAL.—The head of each executive agen22 cy shall be responsible for— 

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

24 the acquisition and use of covered articles and avoid25 ing, mitigating, accepting, or transferring that risk, 


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1 as appropriate and consistent with the standards, 

2 guidelines, and practices identified by the Council 

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

4 ‘‘(2) prioritizing supply chain risk assessments 

5 conducted under paragraph (1) based on the criti6 cality of the mission, system, component, service, or 

7 asset. 

8 ‘‘(b) INCLUSIONS.—The responsibility for assessing 

9 supply chain risk described in subsection (a) includes— 

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

11 management strategy and implementation plan and 

12 policies and processes to guide and govern supply 

13 chain risk management activities; 

14 ‘‘(2) integrating supply chain risk management 

15 practices throughout the life cycle of the system, 

16 component, service, or asset; 

17 ‘‘(3) limiting, avoiding, mitigating, accepting, or 

18 transferring any identified risk; 

19 ‘‘(4) sharing relevant information with other ex20 ecutive agencies as determined appropriate by the 

21 Council in a manner consistent with section 1323(a) 

22 of this title; 

23 ‘‘(5) reporting on progress and effectiveness of 

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1 sistent with guidance issued by the Office of Man2 agement and Budget and the Council; and 

3 ‘‘(6) ensuring that all relevant information, in4 cluding classified information, with respect to acqui5 sitions of covered articles that may pose a supply 

6 chain risk, consistent with section 1323(a) of this 

7 title, is incorporated into existing processes of the 

8 agency for conducting assessments described in sub9 section (a) and ongoing management of acquisition 

10 programs, including any identification, investigation, 

11 mitigation, or remediation needs. 

12 ‘‘(c) INTERAGENCY ACQUISITIONS.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), in the case of an interagency acquisition, 

15 subsection (a) shall be carried out by the head of the 

16 executive agency whose funds are being used to pro17 cure the covered article. 

18 ‘‘(2) ASSISTED ACQUISITIONS.—In an assisted 

19 acquisition, the parties to the acquisition shall deter20 mine, as part of the interagency agreement gov21 erning the acquisition, which agency is responsible 

22 for carrying out subsection (a). 

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

24 terms ‘assisted acquisition’ and ‘interagency acquisi25 tion’ have the meanings given those terms in section 


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1 2.101 of title 48, Code of Federal Regulations (or 

2 any corresponding similar regulation or ruling). 

3 ‘‘(d) ASSISTANCE.—The Secretary of Homeland Se4 curity may— 

5 ‘‘(1) assist executive agencies in conducting risk 

6 assessments described in subsection (a) and imple7 menting mitigation requirements for information 

8 and communications technology; and 

9 ‘‘(2) provide such additional guidance or tools 

10 as are necessary to support actions taken by execu11 tive agencies. 

12 ‘‘§ 1327. Judicial review procedures 

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

14 (b) and chapter 71 of this title, and notwithstanding any 

15 other provision of law, an action taken under section 1323 

16 or 4713 of this title, or any action taken by an executive 

17 agency to implement such an action, shall not be subject 

18 to administrative review or judicial review, including bid 

19 protests before the Government Accountability Office or 

20 in any Federal court. 

21 ‘‘(b) PETITIONS.— 

22 ‘‘(1) IN GENERAL.—Not later than 60 days 

23 after a party is notified of an exclusion or removal 

24 order under section 1323(c)(6) of this title or a cov25 ered procurement action under section 4713 of this 


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1 title, the party may file a petition for judicial review 

2 in the United States Court of Appeals for the Dis3 trict of Columbia Circuit claiming that the issuance 

4 of the exclusion or removal order or covered procure5 ment action is unlawful. 

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

7 hold unlawful a covered action taken under sections 

8 1323 or 4713 of this title, in response to a petition 

9 that the court finds to be— 

10 ‘‘(A) arbitrary, capricious, an abuse of dis11 cretion, or otherwise not in accordance with 

12 law; 

13 ‘‘(B) contrary to constitutional right, 

14 power, privilege, or immunity; 

15 ‘‘(C) in excess of statutory jurisdiction, au16 thority, or limitation, or short of statutory 

17 right; 

18 ‘‘(D) lacking substantial support in the ad19 ministrative record taken as a whole or in clas20 sified information submitted to the court under 

21 paragraph (3); or 

22 ‘‘(E) not in accord with procedures re23 quired by law. 

24 ‘‘(3) EXCLUSIVE JURISDICTION.—The United 

25 States Court of Appeals for the District of Columbia 


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1 Circuit shall have exclusive jurisdiction over claims 

2 arising under sections 1323(c)(5) or 4713 of this 

3 title against the United States, any United States 

4 department or agency, or any component or official 

5 of any such department or agency, subject to review 

6 by the Supreme Court of the United States under 

7 section 1254 of title 28. 

8 ‘‘(4) ADMINISTRATIVE RECORD AND PROCE9 DURES.— 

10 ‘‘(A) IN GENERAL.—The procedures de11 scribed in this paragraph shall apply to the re12 view of a petition under this section. 

13 ‘‘(B) ADMINISTRATIVE RECORD.— 

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

15 States shall file with the court an adminis16 trative record, which shall consist of the 

17 information that the appropriate official 

18 relied upon in issuing an exclusion or re19 moval order under section 1323(c)(5) or a 

20 covered procurement action under section 

21 4713 of this title. 

22 ‘‘(ii) UNCLASSIFIED, NONPRIVILEGED

23 INFORMATION.—All unclassified informa24 tion contained in the administrative record 

25 that is not otherwise privileged or subject 


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1 to statutory protections shall be provided 

2 to the petitioner with appropriate protec3 tions for any privileged or confidential 

4 trade secrets and commercial or financial 

5 information. 

6 ‘‘(iii) IN CAMERA AND EX PARTE.— 

7 The following information may be included 

8 in the administrative record and shall be 

9 submitted only to the court ex parte and in 

10 camera: 

11 ‘‘(I) Classified information. 

12 ‘‘(II) Sensitive security informa13 tion, as defined by section 1520.5 of 

14 title 49, Code of Federal Regulations. 

15 ‘‘(III) Privileged law enforcement 

16 information. 

17 ‘‘(IV) Information obtained or 

18 derived from any activity authorized 

19 under the Foreign Intelligence Sur20 veillance Act of 1978 (50 U.S.C. 1801 

21 et seq.), except that, with respect to 

22 such information, subsections (c), (e), 

23 (f), (g), and (h) of section 106 (50 

24 U.S.C. 1806), subsections (d), (f), (g), 

25 (h), and (i) of section 305 (50 U.S.C. 


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1 1825), subsections (c), (e), (f), (g), 

2 and (h) of section 405 (50 U.S.C. 

3 1845), and section 706 (50 U.S.C. 

4 1881e) of that Act shall not apply. 

5 ‘‘(V) Information subject to privi6 lege or protections under any other 

7 provision of law. 

8 ‘‘(iv) UNDER SEAL.—Any information 

9 that is part of the administrative record 

10 filed ex parte and in camera under clause 

11 (iii), or cited by the court in any decision, 

12 shall be treated by the court consistent 

13 with the provisions of this subparagraph 

14 and shall remain under seal and preserved 

15 in the records of the court to be made 

16 available consistent with the above provi17 sions in the event of further proceedings. 

18 In no event shall such information be re19 leased to the petitioner or as part of the 

20 public record. 

21 ‘‘(v) RETURN.—After the expiration 

22 of the time to seek further review, or the 

23 conclusion of further proceedings, the 

24 court shall return the administrative 


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1 record, including any and all copies, to the 

2 United States. 

3 ‘‘(C) EXCLUSIVE REMEDY.—A determina4 tion by the court under this subsection shall be 

5 the exclusive judicial remedy for any claim de6 scribed in this section against the United 

7 States, any United States department or agen8 cy, or any component or official of any such de9 partment or agency. 

10 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

11 in this section shall be construed as limiting, 

12 superseding, or preventing the invocation of, 

13 any privileges or defenses that are otherwise 

14 available at law or in equity to protect against 

15 the disclosure of information. 

16 ‘‘(c) DEFINITION.—In this section, the term ‘classi17 fied information’— 

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

19 1(a) of the Classified Information Procedures Act 

20 (18 U.S.C. App.); and 

21 ‘‘(2) includes— 

22 ‘‘(A) any information or material that has 

23 been determined by the United States Govern24 ment pursuant to an Executive order, statute, 

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1 authorized disclosure for reasons of national se2 curity; and 

3 ‘‘(B) any restricted data, as defined in sec4 tion 11 of the Atomic Energy Act of 1954 (42 

5 U.S.C. 2014). 

6 ‘‘§ 1328. Termination 

7 ‘‘This subchapter shall terminate on the date that is 

8 5 years after the date of the enactment of the Federal 

9 Acquisition Supply Chain Security Act of 2018.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 13 of such title is amended 

12 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.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the date that is 90 days 

15 after the date of the enactment of this Act and shall apply 

16 to contracts that are awarded before, on, or after that 

17 date. 

18 (d) IMPLEMENTATION.— 

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

20 year after the date of the enactment of this Act, the 


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1 Federal Acquisition Security Council shall prescribe 

2 an interim final rule to implement subchapter III of 

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

4 by subsection (a). 

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

6 after prescribing the interim final rule under para7 graph (1) and considering public comments with re8 spect to such interim final rule, the Council shall 

9 prescribe a final rule to implement subchapter III of 

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

11 by subsection (a). 

12 (3) FAILURE TO ACT.— 

13 (A) IN GENERAL.—If the Council does not 

14 issue a final rule in accordance with paragraph 

15 (2) on or before the last day of the one-year pe16 riod referred to in that paragraph, the Council 

17 shall submit to the appropriate congressional 

18 committees and leadership, not later than 10 

19 days after such last day and every 90 days 

20 thereafter until the final rule is issued, a report 

21 explaining why the final rule was not timely 

22 issued and providing an estimate of the earliest 

23 date on which the final rule will be issued. 

24 (B) APPROPRIATE CONGRESSIONAL COM25 MITTEES AND LEADERSHIP DEFINED.—In this 


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1 paragraph, the term ‘‘appropriate congressional 

2 committees and leadership’’ has the meaning 

3 given that term in section 1321 of title 41, 

4 United States Code, as added by subsection (a). 

5 SEC. 203. AUTHORITIES OF EXECUTIVE AGENCIES RELAT6 ING TO MITIGATING SUPPLY CHAIN RISKS IN 

7 THE PROCUREMENT OF COVERED ARTICLES. 

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

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 4713. Authorities relating to mitigating supply 

12 chain risks in the procurement of cov13 ered articles 

14 ‘‘(a) AUTHORITY.—Subject to subsection (b), the 

15 head of an executive agency may carry out a covered pro16 curement action. 

17 ‘‘(b) DETERMINATION AND NOTIFICATION.—Except 

18 as authorized by subsection (c) to address an urgent na19 tional security interest, the head of an executive agency 

20 may exercise the authority provided in subsection (a) only 

21 after— 

22 ‘‘(1) obtaining a joint recommendation, in un23 classified or classified form, from the chief acquisi24 tion officer and the chief information officer of the 

25 agency, or officials performing similar functions in 


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1 the case of executive agencies that do not have such 

2 officials, which includes a review of any risk assess3 ment made available by the executive agency identi4 fied under section 1323(a)(3) of this title, that there 

5 is a significant supply chain risk in a covered pro6 curement; 

7 ‘‘(2) providing notice of the joint recommenda8 tion described in paragraph (1) to any source named 

9 in the joint recommendation advising— 

10 ‘‘(A) that a recommendation is being con11 sidered or has been obtained; 

12 ‘‘(B) to the extent consistent with the na13 tional security and law enforcement interests, of 

14 information that forms the basis for the rec15 ommendation; 

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

17 the notice, the source may submit information 

18 and argument in opposition to the recommenda19 tion; and 

20 ‘‘(D) of the procedures governing the con21 sideration of the submission and the possible 

22 exercise of the authority provided in subsection 

23 (a); 

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1 formation submitted by a source under paragraph 

2 (2) and in consultation with the chief information 

3 security officer of the agency, that— 

4 ‘‘(A) use of the authority under subsection 

5 (a) is necessary to protect national security by 

6 reducing supply chain risk; 

7 ‘‘(B) less intrusive measures are not rea8 sonably available to reduce such supply chain 

9 risk; and 

10 ‘‘(C) the use of such authorities will apply 

11 to a single covered procurement or a class of 

12 covered procurements, and otherwise specifies 

13 the scope of the determination; and 

14 ‘‘(4) providing a classified or unclassified notice 

15 of the determination made under paragraph (3) to 

16 the appropriate congressional committees and lead17 ership that includes— 

18 ‘‘(A) the joint recommendation described 

19 in paragraph (1); 

20 ‘‘(B) a summary of any risk assessment re21 viewed in support of the joint recommendation 

22 required by paragraph (1); and 

23 ‘‘(C) a summary of the basis for the deter24 mination, including a discussion of less intru25 sive measures that were considered and why 


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1 such measures were not reasonably available to 

2 reduce supply chain risk. 

3 ‘‘(c) PROCEDURES TO ADDRESS URGENT NATIONAL

4 SECURITY INTERESTS.—In any case in which the head of 

5 an executive agency determines that an urgent national 

6 security interest requires the immediate exercise of the au7 thority provided in subsection (a), the head of the agen8 cy— 

9 ‘‘(1) may, to the extent necessary to address 

10 such national security interest, and subject to the 

11 conditions in paragraph (2)— 

12 ‘‘(A) temporarily delay the notice required 

13 by subsection (b)(2); 

14 ‘‘(B) make the determination required by 

15 subsection (b)(3), regardless of whether the no16 tice required by subsection (b)(2) has been pro17 vided or whether the notified source has sub18 mitted any information in response to such no19 tice; 

20 ‘‘(C) temporarily delay the notice required 

21 by subsection (b)(4); and 

22 ‘‘(D) exercise the authority provided in 

23 subsection (a) in accordance with such deter24 mination within 60 calendar days after the day 

25 the determination is made; and 


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1 ‘‘(2) shall take actions necessary to comply with 

2 all requirements of subsection (b) as soon as prac3 ticable after addressing the urgent national security 

4 interest, including— 

5 ‘‘(A) providing the notice required by sub6 section (b)(2); 

7 ‘‘(B) promptly considering any information 

8 submitted by the source in response to such no9 tice, and making any appropriate modifications 

10 to the determination based on such information; 

11 ‘‘(C) providing the notice required by sub12 section (b)(4), including a description of the ur13 gent national security interest, and any modi14 fications to the determination made in accord15 ance with subparagraph (B); and 

16 ‘‘(D) providing notice to the appropriate 

17 congressional committees and leadership within 

18 7 calendar days of the covered procurement ac19 tions taken under this section. 

20 ‘‘(d) CONFIDENTIALITY.—The notice required by 

21 subsection (b)(2) shall be kept confidential until a deter22 mination with respect to a covered procurement action has 

23 been made pursuant to subsection (b)(3). 

24 ‘‘(e) DELEGATION.—The head of an executive agency 

25 may not delegate the authority provided in subsection (a) 


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1 or the responsibility identified in subsection (f) to an offi2 cial below the level one level below the Deputy Secretary 

3 or Principal Deputy Director. 

4 ‘‘(f) ANNUAL REVIEW OF DETERMINATIONS.—The 

5 head of an executive agency shall conduct an annual re6 view of all determinations made by such head under sub7 section (b) and promptly amend any covered procurement 

8 action as appropriate. 

9 ‘‘(g) REGULATIONS.—The Federal Acquisition Regu10 latory Council shall prescribe such regulations as may be 

11 necessary to carry out this section. 

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

13 annually, the head of each executive agency that exercised 

14 the authority provided in subsection (a) or (c) during the 

15 preceding 12-month period shall submit to the appropriate 

16 congressional committees and leadership a report summa17 rizing the actions taken by the agency under this section 

18 during that 12-month period. 

19 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to authorize the head of an execu21 tive agency to carry out a covered procurement action 

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

23 procurement source that is otherwise qualified to enter 

24 into procurement contracts with the Federal Government. 


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

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

3 after the date of the enactment of the Federal Acquisition 

4 Supply Chain Security Act of 2018. 

5 ‘‘(k) DEFINITIONS.—In this section: 

6 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES AND LEADERSHIP.—The term ‘appropriate 

8 congressional committees and leadership’ means— 

9 ‘‘(A) the Committee on Homeland Security 

10 and Governmental Affairs, the Committee on 

11 the Judiciary, the Committee on Appropria12 tions, the Committee on Armed Services, the 

13 Committee on Commerce, Science, and Trans14 portation, the Select Committee on Intelligence, 

15 and the majority and minority leader of the 

16 Senate; and 

17 ‘‘(B) the Committee on Oversight and Gov18 ernment Reform, the Committee on the Judici19 ary, the Committee on Appropriations, the 

20 Committee on Homeland Security, the Com21 mittee on Armed Services, the Committee on 

22 Energy and Commerce, the Permanent Select 

23 Committee on Intelligence, and the Speaker and 

24 minority leader of the House of Representa25 tives. 


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1 ‘‘(2) COVERED ARTICLE.—The term ‘covered 

2 article’ means— 

3 ‘‘(A) information technology, as defined in 

4 section 11101 of title 40, including cloud com5 puting services of all types; 

6 ‘‘(B) telecommunications equipment or 

7 telecommunications service, as those terms are 

8 defined in section 3 of the Communications Act 

9 of 1934 (47 U.S.C. 153); 

10 ‘‘(C) the processing of information on a 

11 Federal or non-Federal information system, 

12 subject to the requirements of the Controlled 

13 Unclassified Information program; or 

14 ‘‘(D) hardware, systems, devices, software, 

15 or services that include embedded or incidental 

16 information technology. 

17 ‘‘(3) COVERED PROCUREMENT.—The term ‘cov18 ered procurement’ means— 

19 ‘‘(A) a source selection for a covered arti20 cle involving either a performance specification, 

21 as provided in subsection (a)(3)(B) of section 

22 3306 of this title, or an evaluation factor, as 

23 provided in subsection (b)(1)(A) of such section, 

24 relating to a supply chain risk, or where supply 

25 chain risk considerations are included in the 


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1 agency’s determination of whether a source is a 

2 responsible source as defined in section 113 of 

3 this title; 

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

5 issuance of a task or delivery order for a cov6 ered article, as provided in section 4106(d)(3) 

7 of this title, where the task or delivery order 

8 contract includes a contract clause establishing 

9 a requirement relating to a supply chain risk; 

10 ‘‘(C) any contract action involving a con11 tract for a covered article where the contract in12 cludes a clause establishing requirements relat13 ing to a supply chain risk; or 

14 ‘‘(D) any other procurement in a category 

15 of procurements determined appropriate by the 

16 Federal Acquisition Regulatory Council, with 

17 the advice of the Federal Acquisition Security 

18 Council. 

19 ‘‘(4) COVERED PROCUREMENT ACTION.—The 

20 term ‘covered procurement action’ means any of the 

21 following actions, if the action takes place in the 

22 course of conducting a covered procurement: 

23 ‘‘(A) The exclusion of a source that fails to 

24 meet qualification requirements established 

25 under section 3311 of this title for the purpose 


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1 of reducing supply chain risk in the acquisition 

2 or use of covered articles. 

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

4 achieve an acceptable rating with regard to an 

5 evaluation factor providing for the consideration 

6 of supply chain risk in the evaluation of pro7 posals for the award of a contract or the 

8 issuance of a task or delivery order. 

9 ‘‘(C) The determination that a source is 

10 not a responsible source as defined in section 

11 113 of this title based on considerations of sup12 ply chain risk. 

13 ‘‘(D) The decision to withhold consent for 

14 a contractor to subcontract with a particular 

15 source or to direct a contractor to exclude a 

16 particular source from consideration for a sub17 contract under the contract. 

18 ‘‘(5) INFORMATION AND COMMUNICATIONS

19 TECHNOLOGY.—The term ‘information and commu20 nications technology’ means— 

21 ‘‘(A) information technology, as defined in 

22 section 11101 of title 40; 

23 ‘‘(B) information systems, as defined in 

24 section 3502 of title 44; and 


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1 ‘‘(C) telecommunications equipment and 

2 telecommunications services, as those terms are 

3 defined in section 3 of the Communications Act 

4 of 1934 (47 U.S.C. 153). 

5 ‘‘(6) SUPPLY CHAIN RISK.—The term ‘supply 

6 chain risk’ means the risk that any person may sab7 otage, maliciously introduce unwanted function, ex8 tract data, or otherwise manipulate the design, in9 tegrity, manufacturing, production, distribution, in10 stallation, operation, maintenance, disposition, or re11 tirement of covered articles so as to surveil, deny, 

12 disrupt, or otherwise manipulate the function, use, 

13 or operation of the covered articles or information 

14 stored or transmitted on the covered articles. 

15 ‘‘(7) EXECUTIVE AGENCY.—Notwithstanding 

16 section 3101(c)(1), this section applies to the De17 partment of Defense, the Coast Guard, and the Na18 tional Aeronautics and Space Administration.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 47 of such title is amended 

21 by adding at the end the following new item: 

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

of covered articles.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect on the date that is 90 days 

24 after the date of the enactment of this Act and shall apply 


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1 to contracts that are awarded before, on, or after that 

2 date. 

3 SEC. 204. FEDERAL INFORMATION SECURITY MODERNIZA4 TION ACT. 

5 (a) IN GENERAL.—Title 44, United States Code, is 

6 amended— 

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

8 section 1326 of title 41’’ after ‘‘compliance with the 

9 requirements of this subchapter’’; and 

10 (2) in section 3554(a)(1)(B)— 

11 (A) by inserting ‘‘, subchapter III of chap12 ter 13 of title 41,’’ after ‘‘complying with the 

13 requirements of this subchapter’’; 

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

15 inserting a semicolon; and 

16 (C) by adding at the end the following new 

17 clause: 

18 ‘‘(vi) responsibilities relating to as19 sessing and avoiding, mitigating, transfer20 ring, or accepting supply chain risks under 

21 section 1326 of title 41, and complying 

22 with exclusion and removal orders issued 

23 under section 1323 of such title; and’’. 

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

25 shall be construed to alter or impede any authority or reVerDate Sep 11 2014 21:13 Dec 20, 2018 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H7327.RDS H7327

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1 sponsibility under section 3553 of title 44, United States 

2 Code. 

3 SEC. 205. EFFECTIVE DATE. 

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

5 after the date of the enactment of this Act. 

Passed the House of Representatives December 19, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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