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
PL 115-390 (H.R.7327), enacted 12/21/2018

132 STAT. 5173 
PUBLIC LAW 115–390—DEC. 21, 2018 
Public Law 115–390 
115th Congress 
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 Home-
land 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 Tech-
nology 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 pro-
grams 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: 
6 USC 663 note. 
41 USC 101 note. 
Strengthening 
and Enhancing 
Cyber- 
capabilities by 
Utilizing Risk 
Exposure 
Technology Act. 
Dec. 21, 2018 
[H.R. 7327] 
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132 STAT. 5174 
PUBLIC LAW 115–390—DEC. 21, 2018 
(1) The appropriate information systems of the Department 
that individuals, organizations, and companies may use to dis-
cover 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 secu-
rity vulnerabilities. 
(5) The process the Department shall use for public disclo-
sure of reported security vulnerabilities. 
(b) REMEDIATION PROCESS.—The Secretary of Homeland Secu-
rity shall develop a process for the Department of Homeland Secu-
rity 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 Home-
land 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 sub-
section (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 consulta-
tion under this section. 
(d) PUBLIC AVAILABILITY.—The Secretary of Homeland Security 
shall make the policy developed under subsection (a) publicly avail-
able. 
(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 congres-
sional committees a report on such policy and the remedi-
ation 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 
Deadline. 
Records. 
Criteria. 
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132 STAT. 5175 
PUBLIC LAW 115–390—DEC. 21, 2018 
Secretary of Homeland Security shall provide to the appro-
priate 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, organiza-
tions, 
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 tech-
nology. 
(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 Com-
mittee on Armed Services, the Committee on Energy and 
Commerce, and the Permanent Select Committee on Intel-
ligence of the House of Representatives; and 
(B) the Committee on Homeland Security and Govern-
mental Affairs, the Committee on Armed Services, the Com-
mittee 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 Govern-
mental 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— 
6 USC 663 note. 
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132 STAT. 5176 
PUBLIC LAW 115–390—DEC. 21, 2018 
(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 com-
pensation 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 indi-
vidual, 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 non- 
government sector representatives, about the structure of 
the pilot program as constructive and to the extent prac-
ticable. 
Consultation. 
Consultation. 
Criteria. 
Deadline. 
6 USC 651 note. 
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132 STAT. 5177 
PUBLIC LAW 115–390—DEC. 21, 2018 
(3) CONTRACT AUTHORITY.—In establishing the pilot pro-
gram, the Secretary, subject to the availability of appropria-
tions, 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 unidenti-
fied 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 PRO-
GRAMS. 
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 commit-
tees’’; and 
(3) in subsection (g)— 
(A) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively; and 
(B) by inserting before paragraph (2), as so redesig-
nated, 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 Govern-
mental Affairs of the Senate; and 
‘‘(C) the Committee on Oversight and Government 
Reform of the House of Representatives.’’. 
Definition. 
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132 STAT. 5178 
PUBLIC LAW 115–390—DEC. 21, 2018 
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 Govern-
mental Affairs, the Committee on the Judiciary, the Com-
mittee on Appropriations, the Committee on Armed Serv-
ices, the Committee on Commerce, Science, and Transpor-
tation, 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 secu-
rity 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. 
41 USC 1322. 
41 USC 1321. 
41 USC 
prec. 1321. 
41 USC 101 note. 
Federal 
Acquisition 
Supply Chain 
Security Act 
of 2018. 
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132 STAT. 5179 
PUBLIC LAW 115–390—DEC. 21, 2018 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN
GENERAL.—The following agencies shall be rep-
resented 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 Secu-
rity 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 congres-
sional 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 
Deadline. 
Deadline. 
Consultation. 
Deadline. 
Deadline. 
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132 STAT. 5180 
PUBLIC LAW 115–390—DEC. 21, 2018 
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 execu-
tive 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 informa-
tion with executive agencies, other Federal entities, and non- 
Federal 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 man-
dated or voluntary; and 
‘‘(C) the circumstances under which it is appropriate 
for an executive agency to rely on information made avail-
able 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 agen-
cies 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 cov-
ered 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 pro-
vide— 
‘‘(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 sup-
port 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 nongovern-
mental stakeholders in performing the functions described in 
Guidance. 
Criteria. 
Recommenda- 
tions. 
41 USC 1323. 
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132 STAT. 5181 
PUBLIC LAW 115–390—DEC. 21, 2018 
paragraphs (1) and (2) and on issues relating to the manage-
ment 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 agen-
cies 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 agen-
cies 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 cir-
cumstances, 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 applica-
tion 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 con-
sent for a contractor to subcontract, or the removal of covered 
articles from executive agency information systems. Such rec-
ommendations 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; 
Summary. 
Summary. 
Procedures. 
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132 STAT. 5182 
PUBLIC LAW 115–390—DEC. 21, 2018 
‘‘(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 para-
graph (1) and, to the extent consistent with national secu-
rity 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 pos-
sible 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 offi-
cials, who may issue exclusion and removal orders based 
upon such recommendations: 
‘‘(i) The Secretary of Homeland Security, for exclu-
sion 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 sen-
sitive compartmented information systems. 
‘‘(iii) The Director of National Intelligence, for 
exclusion and removal orders applicable to the intel-
ligence community and sensitive compartmented 
information systems, to the extent not covered by 
clause (ii). 
‘‘(B) DELEGATION.—The officials identified in subpara-
graph (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 
Deadline. 
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132 STAT. 5183 
PUBLIC LAW 115–390—DEC. 21, 2018 
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 Fed-
eral Supply Schedules, governmentwide acquisition con-
tracts and multi-agency contracts shall help facilitate 
implementation of such orders by removing the covered 
articles or sources identified in the orders from such con-
tracts. 
‘‘(D) REVIEW OF EXCLUSION AND REMOVAL ORDERS.— 
The officials identified under this paragraph shall review 
all exclusion and removal orders issued under subpara-
graph (A) not less frequently than annually pursuant to 
procedures established by the Council. 
‘‘(E) RESCISSION.—Orders issued pursuant to subpara-
graph (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 identi-
fied 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 Offi-
cers 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 Procure-
ment 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. 
Consultation. 
Coordination. 
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132 STAT. 5184 
PUBLIC LAW 115–390—DEC. 21, 2018 
‘‘§ 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 enti-
ties 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 agen-
cies to conduct assessments of— 
‘‘(A) the supply chain risk posed by the acquisition 
of covered articles; and 
‘‘(B) compliance with the requirements of this sub-
chapter. 
‘‘(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 appro-
priate 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 commit-
tees 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 
Assessment. 
41 USC 1326. 
41 USC 1325. 
Deadline. 
Evaluation. 
Recommenda- 
tions. 
Recommenda- 
tions. 
Criteria. 
Deadline. 
41 USC 1324. 
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132 STAT. 5185 
PUBLIC LAW 115–390—DEC. 21, 2018 
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 transfer-
ring 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 classi-
fied 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 sub-
section (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 assess-
ments described in subsection (a) and implementing mitigation 
requirements for information and communications technology; 
and 
‘‘(2) provide such additional guidance or tools as are nec-
essary 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 
41 USC 1327. 
Determination. 
Strategy. 
Plan. 
Policy. 
Processes. 
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132 STAT. 5186 
PUBLIC LAW 115–390—DEC. 21, 2018 
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 sub-
mitted 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 exclu-
sive 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 procure-
ment action under section 4713 of this title. 
‘‘(ii) 
UNCLASSIFIED, 
NONPRIVILEGED
INFORMA-
TION.—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. 
Applicability. 
Deadline. 
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132 STAT. 5187 
PUBLIC LAW 115–390—DEC. 21, 2018 
‘‘(II) Sensitive security information, as defined 
by section 1520.5 of title 49, Code of Federal Regu-
lations. 
‘‘(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, sub-
sections (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 protec-
tions 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 pro-
ceedings, 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 other-
wise available at law or in equity to protect against the 
disclosure of information. 
‘‘(c) DEFINITION.—In this section, the term ‘classified informa-
tion’— 
‘‘(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 deter-
mined 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). 
Determination. 
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132 STAT. 5188 
PUBLIC LAW 115–390—DEC. 21, 2018 
‘‘§ 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 begin-
ning 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 imple-
ment 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 para-
graph, the Council shall submit to the appropriate congres-
sional 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 ‘‘appro-
priate 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 MITI-
GATING 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: 
Reports. 
Estimate. 
Public comments. 
Deadlines. 
41 USC 1321 
note. 
Applicability. 
41 USC 1321 
note. 
41 USC 
prec. 1301. 
41 USC 1328. 
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132 STAT. 5189 
PUBLIC LAW 115–390—DEC. 21, 2018 
‘‘§ 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 recommenda-
tion 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 opposi-
tion 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 nec-
essary to protect national security by reducing supply chain 
risk; 
‘‘(B) less intrusive measures are not reasonably avail-
able 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 deter-
mination made under paragraph (3) to the appropriate congres-
sional 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 
Summaries. 
Consultation. 
Deadline. 
Recommenda- 
tions. 
Review. 
41 USC 4713. 
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132 STAT. 5190 
PUBLIC LAW 115–390—DEC. 21, 2018 
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 sub-
section (b)(2); 
‘‘(B) make the determination required by subsection 
(b)(3), regardless of whether the notice required by sub-
section (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 sub-
section (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 require-
ments 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 responsi-
bility 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 determina-
tions 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 
Notice. 
Deadline. 
Deadline. 
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132 STAT. 5191 
PUBLIC LAW 115–390—DEC. 21, 2018 
ownership of a potential procurement source that is otherwise quali-
fied to enter into procurement contracts with the Federal Govern-
ment. 
‘‘(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 Govern-
mental Affairs, the Committee on the Judiciary, the Com-
mittee on Appropriations, the Committee on Armed Serv-
ices, the Committee on Commerce, Science, and Transpor-
tation, 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 telecommuni-
cations 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 require-
ments of the Controlled Unclassified Information program; 
or 
‘‘(D) hardware, systems, devices, software, or services 
that include embedded or incidental information tech-
nology. 
‘‘(3) COVERED PROCUREMENT.—The term ‘covered procure-
ment’ means— 
‘‘(A) a source selection for a covered article involving 
either a performance specification, as provided in sub-
section (a)(3)(B) of section 3306 of this title, or an evalua-
tion factor, as provided in subsection (b)(1)(A) of such sec-
tion, relating to a supply chain risk, or where supply chain 
risk considerations are included in the agency’s determina-
tion 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 estab-
lishing requirements relating to a supply chain risk; or 
‘‘(D) any other procurement in a category of procure-
ments determined appropriate by the Federal Acquisition 
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132 STAT. 5192 
PUBLIC LAW 115–390—DEC. 21, 2018 
Regulatory Council, with the advice of the Federal Acquisi-
tion 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 procure-
ment: 
‘‘(A) The exclusion of a source that fails to meet quali-
fication 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 respon-
sible 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 con-
tractor 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 telecommuni-
cations 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 begin-
ning 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— 
41 USC 4713 
note. 
41 USC 
prec. 4701. 
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132 STAT. 5193 
PUBLIC LAW 115–390—DEC. 21, 2018 
LEGISLATIVE HISTORY—H.R. 7327: 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Dec. 19, considered and passed House and Senate. 
(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 com-
plying 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. 
Approved December 21, 2018. 
41 USC 1321 
note. 
44 USC 3553 
note. 
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