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41 U.S.C. § 1328 — Termination
Federal law — U.S. Code and appendices · legal_authorities
This subchapter shall terminate on December 31, 2033.
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Stable record: federal_law:legal_authorities:record_usc_4dcc03df410817d5dfbb6e72
Source file: Laws/federal/codes/united-states-code/title-41/section-1328-termination--bd1cc6c5a2.md
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Source location: Title 41, Chapter 13, § 1328; chapter-013-chapter-13.md
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This subchapter shall terminate on December 31, 2033.
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Appropriate congressional committees and leadership.—** — The term “appropriate congressional committees and leadership” means—
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the majority and minority leader of the Senate; and
(B) the Committee on Oversight and Government Reform, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, and the Speaker and minority leader of the House of Representatives.
(2) **Council.—** — The term “Council” means the Federal Acquisition Security Council established under [section 1322(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1322/a&num=0&edition=prelim).
(3) **Covered article.—** — The term “covered article” has the meaning given that term in [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim).
(4) **Covered procurement action.—** — The term “covered procurement action” has the meaning given that term in [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim).
(5) **Information and communications technology.—** — The term “information and communications technology” has the meaning given that term in [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1321
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/a/3&num=0&edition=prelim), that there is a significant supply chain risk in a covered procurement;
(2) providing notice of the joint recommendation described in paragraph (1) to any source named in the joint recommendation advising—
(A) that a recommendation is being considered or has been obtained;
(B) to the extent consistent with the national security and law enforcement interests, of information that forms the basis for the recommendation;
(C) that, within 30 days after receipt of the notice, the source may submit information and argument in opposition to the recommendation; and
(D) of the procedures governing the consideration of the submission and the possible exercise of the authority provided in subsection (a);
(3) making a determination in writing, in unclassified or classified form, after considering any information submitted by a source under paragraph (2) and in consultation with the chief information security officer of t
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Federal law — U.S. Code and appendices · legal_authorities
Page 32
TITLE 41—PUBLIC CONTRACTS
§ 1328
(D) lacking substantial support in the ad-
ministrative record taken as a whole or in
classified information submitted to the
court under paragraph (3); or
(E) not in accord with procedures required
by law.
(3)
EXCLUSIVE
JURISDICTION.—The
United
States Court of Appeals for the District of Co-
lumbia Circuit shall have exclusive jurisdic-
tion
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
PROCE-
DURES.—
(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 informa-
tion that the appropriate official relied
upon in issuing an exclusion or removal
order under section 1323(c)(5) or a covered
procurement action under section 4713 of
this title.
(ii) UNCLASSIFIED, NONPRIVILEGED INFOR-
MATION.—All unclassified information con-
tained in the administrative record that is
not otherwise privileged or subject to stat-
utory 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 fol-
lowing information may be included in the
administrative record and shall be sub-
mitted only to the court ex parte and in
camera:
(I) Classified information.
(II) Sensitive security information, as
def
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1328
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