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41 U.S.C. § 1326 — Requirements for executive agencies
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-41/section-1326-requirements-for-executive-agencies--6b0c8475df.md
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Source location: Title 41, Chapter 13, § 1326; chapter-013-chapter-13.md
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**(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 incorporated into existing processes of the agency for conducting assessments described in subsection (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 assessments described in subsection (a) and implementing mitigation requirements for information and communications technology; and
(2) provide such additional guidance or tools as are necessary to support actions taken by executive agencies.
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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) 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
**(a) Director.—** The Director shall oversee agency information security policies and practices, including—
(1) developing and overseeing the implementation of policies, principles, standards, and guidelines on information security, including through ensuring timely agency adoption of and compliance with standards promulgated under [section 11331 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11331&num=0&edition=prelim);
(2) requiring agencies, consistent with the standards promulgated under such section 11331 and the requirements of this subchapter, to identify and provide information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of—
(A) information collected or maintained by or on behalf of an agency; or
(B) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;
(3) ensuring that the Secretary carries out the authorities and functions under subsection (b);
(4) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology Act ([15 U.S.C. 278g–3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section278g–3&num=0&edition=prelim)) with agencies and offices operating or exercising control of national security systems (including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are complementary with standards and guidelines developed for national security systems;
(5) overseeing agency compliance with the requirements of this subchapter and [section 1326 of title 41](https://uscode
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3553
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The head of each agency shall—
(1) be responsible for—
(A) providing information security protections commensurate with the risk and magnitude of the harm resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of—
(i) information collected or maintained by or on behalf of the agency; and
(ii) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;
(B) complying with the requirements of this subchapter, subchapter III of chapter 13 of title 41, and related policies, procedures, standards, and guidelines, including—
(i) information security standards promulgated under [section 11331 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11331&num=0&edition=prelim);
(ii) operational directives developed by the Secretary under section 3553(b);
(iii) policies and procedures issued by the Director;
(iv) information security standards and guidelines for national security systems issued in accordance with law and as directed by the President;
(v) emergency directives issued by the Secretary under section 3553(h); and
(vi) responsibilities relating to assessing and avoiding, mitigating, transferring, or accepting supply chain risks under [section 1326 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1326&num=0&edition=prelim), and complying with exclusion and removal orders issued under section 1323 of such title; and
(C) ensuring that information security management processes are integrated with agency strategic, operational, and budgetary planning processes;
(2) ensure that senior agency officials provide information securit
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3554
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Federal law — U.S. Code and appendices · legal_authorities
Page 31
TITLE 41—PUBLIC CONTRACTS
§ 1327
§ 1325. Annual report
Not later than December 31 of each year, the
Chairperson of the Council shall submit to the
appropriate congressional committees and lead-
ership a report on the activities of the Council
during the preceding 12-month period.
(Added Pub. L. 115–390, title II, § 202(a), Dec. 21,
2018, 132 Stat. 5184.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 90 days after Dec. 21, 2018, and appli-
cable to contracts that are awarded before, on, or after
that date, see section 202(c) of Pub. L. 115–390, set out
as a note under section 1321 of this title.
Title II of Pub. L. 115–390 effective 90 days after Dec.
21, 2018, see section 205 of Pub. L. 115–390, set out as a
note under section 1321 of this title.
§ 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 transfer-
ring 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 assess-
ments conducted under paragraph (1) based on
the criticality of the mission, system, compo-
nent, service, or asset.
(b) INCLUSIONS.—The responsibility for assess-
ing 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 activi-
ties;
(2) integrating supply chain risk manage-
ment practices throughout the life cycle of the
system, component, service, or
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1326
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