SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Acquisition 
Security Council Improvement Act of 2024’’. 
SEC. 2. CHANGES WITH RESPECT TO THE FEDERAL ACQUI-
SITION SECURITY COUNCIL. 
(a) DEFINITION OF SOURCE OF CONCERN, COVERED 
SOURCE OF CONCERN, RECOMMENDED ORDER, AND DES-
IGNATED ORDER.—Section 1321 of title 41, United States 
Code, is amended— 
(1) by redesignating paragraphs (5) through 
(8) as paragraphs (7) through (10); 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) COVERED
SOURCE
OF
CONCERN.—The 
term ‘covered source of concern’ means a source of 
concern that is specifically designated as a ‘covered 
source of concern’ by a statute that states that such 
designation is for the purposes of this subchapter. 
‘‘(6) DESIGNATED
ORDER.—The term ‘des-
ignated order’ means an order described under sec-
tion 1323(c)(3).’’; and 
(3) by adding at the end the following: 
‘‘(11) RECOMMENDED ORDER.—The term ‘rec-
ommended order’ means an order recommended 
under section 1323(c)(2). 
‘‘(12) SOURCE OF CONCERN.—
‘‘(A) IN GENERAL.—The term ‘source of 
concern’ means a source— 
‘‘(i) subject to the jurisdiction, direc-
tion, or control of the government of a for-
eign adversary, or operates on behalf of 
the government of a foreign adversary; or 
‘‘(ii) that poses a risk to the national 
security of the United States based on col-
laboration with, whole or partial ownership 
or control by, or being affiliated with a 
military, internal security force, or intel-
ligence agency of a foreign adversary. 
‘‘(B) FOREIGN ADVERSARY DEFINED.—In 
this paragraph, the term ‘foreign adversary’ has 
the meaning given the term ‘covered nation’ in 
section 4872(d) of title 10.’’. 
(b) ESTABLISHMENT AND MEMBERS OF COUNCIL.— 
Section 1322 of title 41, United States Code, is amend-
ed— 
(1) in subsection (a), by striking ‘‘executive 
branch’’ and inserting ‘‘Executive Office of the 
President’’; 
(2) in subsection (b)— 
(A) by amending paragraph (1) to read as 
follows:
‘‘(1) IN GENERAL.—The members of the Coun-
cil shall be as follows: 
‘‘(A) The Administrator for Federal Pro-
curement Policy. 
‘‘(B) The Deputy Director for Manage-
ment of the Office of Management and Budget. 
‘‘(C) The following officials, each of whom 
shall occupy a position at the level of Assistant 
Secretary or Deputy Assistant Secretary (or 
equivalent): 
‘‘(i) Two officials from the Office of 
the Director of National Intelligence, one 
of which shall be from the National Coun-
terintelligence and Security Center. 
‘‘(ii) Two officials from the Depart-
ment of Defense, one of which shall be one 
from the National Security Agency. 
‘‘(iii) Two officials from the Depart-
ment of Homeland Security, one of which 
shall be one from the Cybersecurity and 
Infrastructure Security Agency. 
‘‘(iv) An official from the General 
Services Administration. 
‘‘(v) An official from the Office of the 
National Cyber Director.
‘‘(vi) Two officials from the Depart-
ment of Justice, one of which shall be one 
from the Federal Bureau of Investigation. 
‘‘(vii) Two officials from the Depart-
ment of Commerce, one of which shall be 
from the National Institute of Standards 
and Technology and one of which shall be 
from the Bureau of Industry and Security. 
‘‘(viii) An official from any executive 
agency not listed under clauses (i) through 
(vii) whose temporary or permanent par-
ticipation is determined by the Chairperson 
of the Council to be necessary to carry out 
the functions of the Council while main-
taining the intended balance in subject 
matter expertise.’’; and 
(B) in paragraph (2)— 
(i) in the heading, by striking ‘‘LEAD 
REPRESENTATIVES’’ and inserting ‘‘MEM-
BERS’’; 
(ii) by amending subparagraph (A)(i) 
to read as follows: 
‘‘(i) IN GENERAL.—The head of each 
executive agency listed under paragraph 
(1)(C) shall designate the official or offi-
cials from that agency who shall serve on 
the Council in accordance with such para-
graph.’’; 
(iii) 
by 
amending 
subparagraph 
(A)(ii) to read as follows: 
‘‘(ii) REQUIREMENTS.—To the extent 
feasible, any official designated under 
clause (i) shall have expertise in supply 
chain risk management, acquisitions, law, 
or information and communications tech-
nology.’’; 
(iv) by amending subparagraph (B) to 
read as follows: 
‘‘(B) FUNCTIONS.—A member of the 
Council shall— 
‘‘(i) regularly participate in the activi-
ties of the Council; 
‘‘(ii) ensure that any information re-
quested by the Council from the agency 
represented by the member is provided to 
the Council; and 
‘‘(iii) ensure that the head of the 
agency represented by the member and 
other appropriate personnel of the agency 
are aware of the activities of the Council.’’;
(3) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN
GENERAL.—The Chairperson of the 
Council shall be— 
‘‘(A) the National Cyber Director; or 
‘‘(B) another member of the Council des-
ignated by the National Cyber Director.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (B), by striking 
‘‘(b)(1)(H)’’ 
and 
inserting 
‘‘(b)(1)(C)(viii)’’; and 
(ii) in subparagraph (C), by striking 
‘‘lead representative of each agency rep-
resented on the Council’’ and inserting 
‘‘members of the Council’’; and 
(4) in subsection (d)— 
(A) by striking ‘‘The Council’’ and insert-
ing the following: 
‘‘(1) COUNCIL MEETINGS.—The Council’’; and 
(B) by adding at the end the following: 
‘‘(2) OTHER MEETINGS.—The Chairperson of 
the Council shall meet, not less frequently than 
semiannually, with—
‘‘(A) the Secretary of Homeland Security, 
Secretary of Defense, and Director of National 
Intelligence; or 
‘‘(B) in the case that any of the officials 
under subparagraph (A) delegated authority to 
an official under section 1323(c)(6)(C), with 
the delegated official.’’. 
(c) FUNCTIONS AND AUTHORITIES.—Section 1323 of 
title 41, United States Code is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘supply chain’’ each place 
it appears and inserting ‘‘acquisition security 
and supply chain’’; 
(B) in paragraph (1), as amended by sub-
paragraph (A), by striking ‘‘, particularly’’ and 
inserting ‘‘that arise’’; 
(C) in paragraph (2), as amended by sub-
paragraph (A), by inserting ‘‘associated with 
the acquisition and use of covered articles’’ 
after ‘‘risk’’; 
(D) in paragraph (6), as amended by sub-
paragraph (A)— 
(i) by striking ‘‘posed by’’ and insert-
ing ‘‘associated with’’; and
(ii) by inserting ‘‘and use’’ before ‘‘of 
covered articles’’; 
(E) in paragraph (7), by striking ‘‘posed 
by acquisitions’’ and inserting ‘‘associated with 
the acquisition’’; 
(F) by redesignating paragraph (7) as 
paragraph (12); and 
(G) by inserting after paragraph (6) the 
following: 
‘‘(7) Implementing a prioritization scheme for 
evaluating the security risks associated with the ac-
quisition and use of covered articles provided or pro-
duced by a covered source of concern. 
‘‘(8) Evaluating each covered source of concern 
to determine whether to issue a designated order 
with respect to the covered source of concern or a 
covered article produced or provided by the covered 
source of concern. 
‘‘(9) Evaluating sources of concern to determine 
whether to issue a recommended order with respect 
to the source of concern, or any covered article pro-
duced or provided by the source of concern. 
‘‘(10) Monitoring and evaluating compliance by 
the Secretary of Homeland Security, Secretary of 
Defense, and Director of National Intelligence with
the requirement to issue designated orders under 
subsection (c)(6)(B). 
‘‘(11) Reporting to Congress annually on the 
security risks associated with the acquisition and use 
of covered articles produced or provided by sources 
of concern.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘The Council’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—The Council’’; and 
(B) in paragraph (1), as so redesignated, 
by striking ‘‘a program office and’’; and 
(C) by adding at the end the following: 
‘‘(2) FEDERAL ACQUISITION SECURITY COUNCIL 
PROGRAM OFFICE.— 
‘‘(A) ESTABLISHMENT.—The Council shall 
establish a Federal Acquisition Security Council 
Program Office (referred to in this paragraph 
as the ‘Program Office’) within the Office of 
the National Cyber Director to carry out the 
functions of the Council duties described under 
subparagraph (B). 
‘‘(B) DUTIES.—The Program Office shall 
provide to the Council, including any commit-
tees, working groups, or other constituent bod-
ies established by the Council under paragraph 
(1)— 
‘‘(i) administrative, legal, and policy 
support; and 
‘‘(ii) analysis and subject matter ex-
pertise on information communications 
technology, acquisition security, and supply 
chain risk. 
‘‘(C) STRUCTURE.—The head of the Pro-
gram Office shall be a senior official from the 
Office of the National Cyber Director that occu-
pies a position at the level of Assistant Sec-
retary or Deputy Assistant Secretary (or equiv-
alent). 
‘‘(D) PROHIBITION.—The Program Office 
may not provide administrative support to the 
Council for any activities of the Council carried 
out pursuant to a provision of law other than 
a provision of law under this subchapter. 
‘‘(E) FUNDING
AND
RESOURCES.—The 
Program Office may use the staff and resources 
of the Office of the National Cyber Director or 
maintain dedicated staff and resources, as ap-
propriate, in the performance of the duties of 
the Office.
‘‘(F) SHARED STAFFING AUTHORITY.— 
‘‘(i) IN GENERAL.—The Program Of-
fice may accept officers or employees of 
the United States or members of the 
Armed Forces on a detail from an element 
of the intelligence community (as such 
term is defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003)) or 
from another element of the Federal Gov-
ernment on a nonreimbursable basis, as 
jointly agreed to by the heads of the receiv-
ing and detailing elements, for a period not 
to exceed three years. 
‘‘(ii) 
RULE
OF
CONSTRUCTION.— 
Nothing in this subparagraph may be con-
strued as imposing any limitation on any 
other authority for reimbursable or nonre-
imbursable details. 
‘‘(iii) NONREIMBURSABLE DETAIL.—A 
nonreimbursable detail made under this 
subparagraph shall not be considered an 
augmentation of the appropriations of the 
receiving element of the Program Office or 
the Office of the National Cyber Director.
‘‘(G) SUNSET.—The Program Office shall 
terminate on the date described under section 
1328.’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘supply chain risk’’ 
and inserting ‘‘acquisition security and 
supply chain risk associated with the ac-
quisition of covered articles’’; 
(ii) in subparagraph (A), by inserting 
‘‘recommended’’ before ‘‘exclusion orders’’; 
(iii) in subparagraph (B), by inserting 
‘‘recommended’’ before ‘‘removal orders’’; 
(iv) in subparagraph (C), by striking 
‘‘; and’’ and inserting a semicolon; 
(v) in subparagraph (D), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(vi) by adding at the end the fol-
lowing: 
‘‘(E) issuing designated orders.’’; 
(B) in paragraph (2)—
(i) in the heading, by striking ‘‘REC-
OMMENDATIONS’’ and inserting ‘‘REC-
OMMENDED ORDERS’’; 
(ii) by striking ‘‘use’’ and inserting ‘‘, 
using’’; 
(iii) by striking ‘‘subsection (a)(3)’’ 
and inserting ‘‘subsection (a)(4)’’; 
(iv) by striking ‘‘to issue recommenda-
tions’’ and inserting ‘‘, recommend or-
ders’’; 
(v) by striking ‘‘Such recommenda-
tions’’ and inserting ‘‘Any such order rec-
ommended’’; 
(vi) by inserting ‘‘to the officials de-
scribed under clause (iii) of paragraph 
(6)(A) for issuance under such paragraph’’ 
after ‘‘thereof,’’; 
(vii) in subparagraph (D), by striking 
‘‘supply chain risk’’ and inserting ‘‘acquisi-
tion security and supply chain risk associ-
ated with the acquisition of covered arti-
cles’’; and 
(viii) in subparagraph (E), by striking 
‘‘exclusion or removal’’;
(C) 
by 
redesignating 
paragraphs 
(3) 
through (7) as paragraphs (4) through (8); 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) DESIGNATED ORDERS.— 
‘‘(A) EXCLUSION
OR
REMOVAL
OF
COV-
ERED SOURCES OF CONCERN.— 
‘‘(i) IN
GENERAL.—Not later than 
270 days after a source of concern is des-
ignated as a covered source of concern, the 
Council— 
‘‘(I) shall provide to the officials 
described under clause (iii) of para-
graph (6)(B) for issuance under such 
paragraph orders requiring— 
‘‘(aa) the exclusion of the 
covered source of concern from 
any executive agency procure-
ment action, including source se-
lection and consent for a con-
tractor; or 
‘‘(bb) the removal of covered 
articles produced or provided by 
the covered source of concern
from the information system of 
executive agencies; or 
‘‘(II) report to Congress why the 
Council has determined to not issue 
an order described under subclause (I) 
with respect to the covered source of 
concern or covered articles produced 
or provided by the covered source of 
concern. 
‘‘(ii) CONTENTS
OF
ORDER.—Any 
order provided under clause (i) shall in-
clude— 
‘‘(I) information regarding the 
scope and applicability of the order, 
including any information necessary 
to positively identify the covered 
source of concern or covered articles 
produced or provided by the covered 
source of concern required to be ex-
cluded or removed under the order; 
‘‘(II) a summary of any risk as-
sessment reviewed or conducted in 
support of the order; 
‘‘(III) a summary of the basis for 
the order, including a discussion of
less intrusive measures that were con-
sidered and why such measures were 
not reasonably available to reduce se-
curity risk; 
‘‘(IV) a description of the actions 
necessary to implement the order; and 
‘‘(V) where practicable, in the 
Council’s sole and unreviewable dis-
cretion, a description of mitigation 
steps that could be taken by the cov-
ered source of concern that may result 
in the Council rescinding the order. 
‘‘(B) EXCLUSION OR REMOVAL OF SECOND 
ORDER SOURCES OR COVERED ARTICLES.— 
‘‘(i) ISSUANCE.—In the case that the 
Council provides an order under subpara-
graph (A), the Council may also provide an 
order to the officials described under para-
graph (6)(A)(iii) requiring the exclusion of 
sources or covered articles from executive 
agency procurement actions or removal of 
covered articles from executive agency in-
formation systems if— 
‘‘(I) such covered articles or such 
sources use a covered source of con-
cern in the performance of a contract 
with the executive agency; or 
‘‘(II) such sources enter into a 
contract, the performance of which 
such source knows or has reason to 
believe will require, in the perform-
ance of a contract with the executive 
agency, the use of a covered source of 
concern or the use of a covered article 
produced or provided by a covered 
source of concern. 
‘‘(ii) EFFECTIVE
DATE
CONSIDER-
ATIONS.—Any effective date prescribed by 
the Council for an order issued pursuant 
to clause (i) shall take into account— 
‘‘(I) the risk posed by the covered 
source of concern or the covered arti-
cle produced or provided by the cov-
ered source of concern to the national 
security of the United States; 
‘‘(II) the likelihood of the covered 
source of concern or the covered arti-
cle produced or provided by the cov-
ered source of concern causing immi-
nent threat to public health and safe-
ty; 
‘‘(III) the availability of an alter-
native source or covered article pro-
duced or provided by an alternative 
source; and 
‘‘(IV) an assessment of the po-
tential direct or quantifiable costs 
that may be incurred by the Federal 
Government, a State, local, or Tribal 
government, or by the private sector, 
as a result of compliance by the head 
of an executive agency with such an 
exclusion or removal order.’’; 
(E) in paragraph (4), as so redesignated— 
(i) in the heading, by striking ‘‘OF 
RECOMMENDATION AND REVIEW’’ and in-
serting ‘‘AND REVIEW OF RECOMMENDED 
AND DESIGNATED ORDERS’’; 
(ii) by striking ‘‘ the recommenda-
tion’’ each place the term appears, and in-
serting ‘‘ the order’’; 
(iii) in the matter preceding subpara-
graph (A), by striking ‘‘A notice of the 
Council’s recommendation under para-
graph (2)’’ and inserting ‘‘Before the 
Council recommends an order under para-
graph (2) or issues an order under para-
graph (3), a notice’’; 
(iv) in subparagraph (A), by striking 
‘‘a recommendation has been made’’ and 
inserting ‘‘the order will be recommended 
or issued’’; 
(v) in subparagraph (D), by striking 
‘‘paragraph (5)’’ and inserting ‘‘paragraph 
(6)’’; and 
(vi) by inserting a new subparagraph 
to read as follows: 
‘‘(F) Until an order is issued pursuant to 
paragraph (6), information collected under this 
paragraph shall be exempt from public disclo-
sure and shall be exempt from disclosure under 
section 552(b)(3)(B) of title 5, United States 
Code (commonly referred to as the ‘Freedom of 
Information Act’).’’; 
(F) in paragraph (5), as so redesignated— 
(i) by striking ‘‘paragraph (3)’’ and 
inserting ‘‘paragraph (4)’’;
(ii) in subparagraph (A), by striking 
‘‘paragraph (5)’’ and inserting ‘‘paragraph 
(6)’’; and 
(iii) in subparagraph (B), by striking 
‘‘paragraph (6)’’ and inserting ‘‘paragraph 
(7)’’; 
(G) in paragraph (6), as so redesignated— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) ISSUANCE
OF
RECOMMENDED
OR-
DERS.— 
‘‘(i) MODIFICATIONS
TO
ORDER.— 
After considering any response properly 
submitted by a source under paragraph (4) 
related to an order to be recommended 
under paragraph (2), the Council shall— 
‘‘(I) make such modifications to 
the order as the Council considers ap-
propriate; and 
‘‘(II) provide the order (together 
with any information submitted by a 
source under paragraph (4) related to 
such order) to the officials described 
under clause (iii).
‘‘(ii) ORDER.—Not later than 90 days 
after receiving a recommended order, the 
officials described under clause (iii) shall— 
‘‘(I) issue the order to the heads 
of the applicable agencies; or 
‘‘(II) submit a notification to the 
Council that the order will not be 
issued, that includes in the notifica-
tion to the Council, all the reasons for 
why the order will not be issued. 
‘‘(iii) OFFICIALS.—The officials de-
scribed in this clause are as follows: 
‘‘(I) The Secretary of Homeland 
Security, for exclusion and removal 
orders applicable to civilian agencies, 
to the extent not covered by subclause 
(II) or (III). 
‘‘(II) The Secretary of Defense, 
for exclusion and removal orders ap-
plicable to the Department of Defense 
and national security systems other 
than sensitive compartmented infor-
mation systems. 
‘‘(III) The Director of National 
Intelligence, for exclusion and removal
orders applicable to the intelligence 
community and sensitive compart-
mented information systems, to the 
extent not covered by subclause (II).’’; 
(ii) by redesignating subparagraphs 
(B) through (E) as subparagraphs (C) 
through (F), respectively; 
(iii) by inserting after subparagraph 
(A) the following: 
‘‘(B) ISSUANCE OF DESIGNATED ORDER.— 
‘‘(i) MODIFICATIONS.—After consid-
ering any response properly submitted by a 
source under paragraph (4) related to a 
designated order, the Council shall— 
‘‘(I)(aa) make any such modifica-
tions to the order as the Council con-
siders appropriate; or 
‘‘(bb) if the Council deter-
mines that the issuance of a des-
ignated order is not warranted, 
rescind the designated order and 
notify the source of the rescis-
sion; and 
‘‘(II) except in the case that the 
Council rescinds the designated order
under subclause (I)(bb), provide the 
designated order (including any modi-
fications made to such order by the 
Council) to the officials described in 
clause (iii). 
‘‘(ii) ISSUANCE.—The officials de-
scribed in clause (iii) shall, not later than 
90 days after receiving a designated order, 
issue the order to the heads of the applica-
ble agencies. 
‘‘(iii) OFFICIALS.—The officials de-
scribed in this clause are as follows: 
‘‘(I) The Secretary of Homeland 
Security, for exclusion and removal 
orders applicable to civilian agencies, 
to the extent not covered by subclause 
(II) or (III). 
‘‘(II) The Secretary of Defense, 
for exclusion and removal orders ap-
plicable to the Department of Defense 
and national security systems other 
than sensitive compartmented infor-
mation systems. 
‘‘(III) The Director of National 
Intelligence, for exclusion and removal
orders applicable to the intelligence 
community and sensitive compart-
mented information systems, to the 
extent not covered by subclause (II). 
‘‘(iv) WAIVER.—An official described 
under clause (iii) may waive for a period of 
not more than 365 days the application of 
an order issued by such official under 
clause (ii) with respect to a covered source 
of concern or a covered article produced or 
provided by a covered source of concern if 
the official submits, not later than 30 days 
after making such waiver, a written notifi-
cation to the Council, appropriate congres-
sional committees, and leadership that con-
tains the justification for such waiver. 
‘‘(v) RENEWAL OF WAIVER.—An offi-
cial described under clause (iii) may renew 
a waiver under clause (iv) for an additional 
period of not more than 180 days if— 
‘‘(I) the renewal of the waiver is 
in the national security interests of 
the United States; and 
‘‘(II) the official submits, not 
later than 30 days after renewing
such waiver, a written notification to 
the Council, appropriate congressional 
committees, and leadership that in-
cludes the justification for renewing 
the wavier. 
‘‘(vi) NATIONAL SECURITY WAIVER.— 
An official described under clause (iii) may 
waive the application of an order issued by 
such official under clause (ii) with respect 
to a covered source of concern or a covered 
article produced or provided by a covered 
source of concern for any activity subject 
to the reporting requirements under title V 
of the National Security Act of 1947 (50 
U.S.C. 3091 et seq.) or any authorized in-
telligence activities of the United States. 
‘‘(vii) RESCISSION OF ORDER.—An ex-
clusion or removal order issued under this 
subparagraph by an official may be re-
scinded only by the Council.’’. 
(iv) in subparagraph (C), as so redes-
ignated— 
(I) by striking ‘‘subparagraph 
(A)’’ and inserting ‘‘subparagraph 
(A)(iii) or (B)(iii)’’;
(II) by striking ‘‘this subpara-
graph’’ and inserting ‘‘subparagraph 
(A)(iii) or (B)(iii)’’; and 
(III) by striking ‘‘, except’’ and 
all that follows before the period at 
the end; 
(v) in subparagraph (D), as so redes-
ignated— 
(I) by striking ‘‘this paragraph’’ 
and inserting ‘‘subparagraph (A)(iii) 
or (B)(iii)’’; and 
(II) by striking ‘‘help’’; 
(vi) in subparagraph (E), as so redes-
ignated, by striking ‘‘this paragraph’’ and 
inserting ‘‘subparagraph (A)’’; and 
(vii) by adding after subparagraph 
(F), as so redesignated, the following: 
‘‘(G) EFFECTIVE DATE OF ORDERS.—The 
effective date of an order issued under this 
paragraph may not be more than 365 days 
after the order is issued.’’; 
(H) in paragraph (7), as so redesignated, 
by striking ‘‘paragraph (5)(A)’’ and inserting 
‘‘subparagraph (A) or (B) of paragraph (6)’’; 
and