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41 U.S.C. § 1321 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1321 — Definitions

In this subchapter: (1) **Appropriate congressional committees and leadership.—** — The term “appropriate congressional committees and leadership” means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the majority and minority leader of the Senate; and (B) the Committee on Oversight and Government Reform, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, and the Speaker and minority leader of the House of Representatives. (2) **Council.—** — The term “Council” means the Federal Acquisition Security Council established under [section 1322(a) of this title](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

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Source location: Title 41, Chapter 13, § 1321; chapter-013-chapter-13.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 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](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

44 U.S.C. § 3552 — Definitions

**(a) In General.—** Except as provided under subsection (b), the definitions under section 3502 shall apply to this subchapter. **(b) Additional Definitions.—** As used in this subchapter: (1) The term “binding operational directive” means a compulsory direction to an agency that— (A) is for purposes of safeguarding Federal information and information systems from a known or reasonably suspected information security threat, vulnerability, or risk; (B) shall be in accordance with policies, principles, standards, and guidelines issued by the Director; and (C) may be revised or repealed by the Director if the direction issued on behalf of the Director is not in accordance with policies and principles developed by the Director. (2) The term “incident” means an occurrence that— (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. (3) The term “information security” means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— (A) integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity; (B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and (C) availability, which means ensuring timely and reliable access to and use of information. (4) The term “information technology” has the meaning given that term

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 101 — Administrator

In this subtitle, the term “Administrator” means the Administrator for Federal Procurement Policy appointed under [section 1102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1102&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1322 — Federal Acquisition Security Council establishment and membership

**(a) Establishment.—** There is established in the executive branch a Federal Acquisition Security Council. **(b) Membership.—** (1) **In general.—** — The following agencies shall be represented on the Council: (A) The Office of Management and Budget. (B) The General Services Administration. (C) The Department of Homeland Security, including the Cybersecurity and Infrastructure Security Agency. (D) The Office of the Director of National Intelligence, including the National Counterintelligence and Security Center. (E) The Department of Justice, including the Federal Bureau of Investigation. (F) The Department of Defense, including the National Security Agency. (G) The Department of Commerce, including the National Institute of Standards and Technology. (H) Such other executive agencies as determined by the Chairperson of the Council. (2) **Lead representatives.—** (A) *Designation.—* (i) *In general.—* — Not later than 45 days after the date of the enactment of the Federal Acquisition Supply Chain Security Act of 2018, the head of each agency represented on the Council shall designate a representative of that agency as the lead representative of the agency on the Council. (ii) *Requirements.—* — The representative of an agency designated under clause (i) shall have expertise in supply chain risk management, acquisitions, or information and communications technology. (B) *Functions.—* — The lead representative of an agency designated under subparagraph (A) shall ensure that appropriate personnel, including leadership and subject matter experts of the agency, are aware of the business of the Council. **(c) Chairperson.—** (1) **Designation.—** — Not later than 45 days after the date of the enactment of the Federal Acquisition

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1322

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1323 — Functions and authorities

**(a) In General.—** The Council shall perform functions that include the following: (1) Identifying and recommending development by the National Institute of Standards and Technology of supply chain risk management standards, guidelines, and practices for executive agencies to use when assessing and developing mitigation strategies to address supply chain risks, particularly in the acquisition and use of covered articles under [section 1326(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1326/a&num=0&edition=prelim). (2) Identifying or developing criteria for sharing information 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 mandated or voluntary; and (C) the circumstances under which it is appropriate for an executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities provided under this section and [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim). (3) Identifying an appropriate executive agency to— (A) accept information submitted by executive agencies based on the criteria established under paragraph (2); (B) facilitate the sharing of information received under subparagraph (A) to support supply chain risk analyses under [section 1326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1326&num=0&edition=prelim),

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1323

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/a&num=0&edition=prelim), including a threshold and requirements for sharing relevant information about such risks with all executive agencies and, as appropriate, with other Federal entities and non-Federal entities; (2) an identification of existing authorities for addressing such risks; (3) an identification and promulgation of best practices and procedures and available resources for executive agencies to assess and mitigate such risks; (4) recommendations for any legislative, regulatory, or other policy changes to improve efforts to address such risks; (5) recommendations for any legislative, regulatory, or other policy changes to incentivize the adoption of best practices for supply chain risk management by the private sector; (6) an evaluation of the effect of implementing new policies or procedures on existing contracts and the procurement process; (7) a plan for engaging with executive agencies, the private sector, and other nongovernmental stakeholders to address such risks; (8) a plan for identification, assessment, mitigation, and vetting of supply chain risks from existing and prospective information and communications technology made available by executive agencies to other executive agencies through common contract solutions, shared services, acquisition vehicles, or other assisted acquisition

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1324

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1325 — Annual report

Not later than December 31 of each year, the Chairperson of the Council shall submit to the appropriate congressional committees and leadership a report on the activities of the Council during the preceding 12-month period.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 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 the standards, guidelines, and practices identified by the Council under section 1323(a)(1); and (2) prioritizing supply chain risk assessments conducted under paragraph (1) based on the criticality of the mission, system, component, service, or asset. **(b) Inclusions.—** The responsibility for assessing supply chain risk described in subsection (a) includes— (1) developing an overall supply chain risk management strategy and implementation plan and policies and processes to guide and govern supply chain risk management activities; (2) integrating supply chain risk management practices throughout the life cycle of the system, component, service, or asset; (3) limiting, avoiding, mitigating, accepting, or transferring any identified risk; (4) sharing relevant information with other executive agencies as determined appropriate by the Council in a manner consistent with [section 1323(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/a&num=0&edition=prelim); (5) reporting on progress and effectiveness of the agency’s supply chain risk management consistent with guidance issued by the Office of Management and Budget and the Council; and (6) ensuring that all relevant information, including classified information, with respect to acquisitions of covered articles that may pose a supply chain risk, consistent with [section 1323(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/a&num=0&edition=prelim), is inc

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1326

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/c/6&num=0&edition=prelim) or a covered procurement action under [section 4713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim), the party may file a petition for judicial review in the United States Court of Appeals for the District of Columbia Circuit claiming that the issuance of the exclusion or removal order or covered procurement action is unlawful. (2) **Standard of review.—** — The Court shall hold unlawful a covered action taken under sections 1323 or 4713 of this title, in response to a petition that the court finds to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; (D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (3); or (E) not in accord with procedures required by law. (3) **Exclusive jurisdiction.—** — The Un

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1327

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1328 — Termination

This subchapter shall terminate on December 31, 2033.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1328

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