10 U.S.C. § 3207 — Assessment before contract for acquisi-

Page 2431 TITLE 10—ARMED FORCES § 3208 ‘‘(b) DEVELOPMENT OF CRITERIA AND INITIATIVES.—(1) Not later than February 1, 2020, the Secretary of De- fense shall establish the pilot program and notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the criteria used to se- lect initiatives and the metrics used to track progress. ‘‘(2) Not later than May 1, 2020, the Secretary shall notify the congressional defense committees of the ini- tiatives selected for the program. ‘‘(3) Not later than December 1, 2020, the Secretary shall brief the congressional defense committees on the progress of the selected initiatives, including the progress of the initiatives at improving quality and ac- quisition cycle time according to the metrics developed under subsection (a)(2).’’ § 3207. Assessment before contract for acquisi- tion of supplies is entered into The Secretary of Defense shall ensure that be- fore a contract for the delivery of supplies to the Department of Defense is entered into— (1) when the appropriate officials of the De- partment are making an assessment of the most advantageous source for acquisition of the supplies (considering quality, price, deliv- ery, and other factors), there is a review of the availability and cost of each item of supply— (A) through the supply system of the De- partment of Defense; and (B) under standard Government supply contracts, if the item is in a category of sup- plies defined under regulations of the Sec- retary of Defense as being potentially avail- able under a standard Government supply contract; and (2) there is a review of both the procurement history of the item and a description of the item, including, when necessary for an ade- quate description of the item, a picture, draw- ing, diagram, or other graphic representation of the item. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1811(f), Jan. 1, 2021, 134 Stat. 4173.) Editorial Notes CODIFICATION The text of subsec. (c) of section 2305 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1811(f)(2), was based on Pub. L. 98–525, title XII, § 1213(a), Oct. 19, 1984, 98 Stat. 2591. PRIOR PROVISIONS A prior section 3207, act Aug. 10, 1956, ch. 1041, 70A Stat. 173; Pub. L. 85–155, title I, § 101(5), Aug. 21, 1957, 71 Stat. 376; Pub. L. 90–130, § 1(9)(C), (D), Nov. 8, 1967, 81 Stat. 375, prescribed authorized strength of Army Med- ical Specialist Corps in commissioned officers on active list of Regular Army, prior to repeal by Pub. L. 96–513, title II, § 202, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. AMENDMENTS 2021—Pub. L. 116–283, § 1811(f)(2), transferred subsec. (c) of section 2305 of this title to this section and struck out subsec. (c) designation at beginning. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. PROCESS FOR ENHANCED SUPPLY CHAIN SCRUTINY Pub. L. 115–91, div. A, title VIII, § 807, Dec. 12, 2017, 131 Stat. 1456, provided that: ‘‘(a) PROCESS.—Not later than 90 days after the date of the enactment of this Act [Dec. 12, 2017], the Sec- retary of Defense shall establish a process for enhanc- ing scrutiny of acquisition decisions in order to im- prove the integration of supply chain risk management into the overall acquisition decision cycle. ‘‘(b) ELEMENTS.—The process under subsection (a) shall include the following elements: ‘‘(1) Designation of a senior official responsible for overseeing the development and implementation of the process. ‘‘(2) Development or integration of tools to support commercial due-diligence, business intelligence, or otherwise analyze and monitor commercial activity to understand business relationships with entities de- termined to be threats to the United States. ‘‘(3) Development of risk profiles of products or services based on commercial due-diligence tools and data services. ‘‘(4) Development of education and training cur- ricula for the acquisition workforce that supports the process. ‘‘(5) Integration, as needed, with intelligence sources to develop threat profiles of entities deter- mined to be threats to the United States. ‘‘(6) Periodic review and assessment of software products and services on computer networks of the Department of Defense to remove prohibited products or services. ‘‘(7) Synchronization of the use of current authori- ties for making supply chain decisions, including sec- tion 806 of Public Law 111–383 (10 U.S.C. 2304 note) or improved use of suspension and debarment officials. ‘‘(8) Coordination with interagency, industrial, and international partners, as appropriate, to share infor- mation, develop Government-wide strategies for deal- ing with significant entities determined to be signifi- cant threats to the United States, and effectively use authorities in other departments and agencies to pro- vide consistent, Government-wide approaches to sup- ply chain threats. ‘‘(9) Other matters as the Secretary considers nec- essary. ‘‘(c) NOTIFICATION.—Not later than 90 days after es- tablishing the process required by subsection (a), the Secretary shall provide a written notification to the Committees on Armed Services of the Senate and House of Representatives that the process has been es- tablished. The notification also shall include the fol- lowing: ‘‘(1) Identification of the official designated under subsection (b)(1). ‘‘(2) Identification of tools and services currently available to the Department of Defense under sub- section (b)(2). ‘‘(3) Assessment of additional tools and services available under subsection (b)(2) that the Department of Defense should evaluate. ‘‘(4) Identification of, or recommendations for, any statutory changes needed to improve the effective- ness of the process. ‘‘(5) Projected resource needs for implementing any recommendations made by the Secretary.’’ § 3208. Planning for future competition in con- tracts for major systems (a) DEVELOPMENT CONTRACT.— (1) DETERMINING WHETHER PROPOSALS ARE NECESSARY.—The Secretary of Defense shall ensure that, in preparing a solicitation for the