41 U.S.C. § 1322 — Federal Acquisition Security Council es-

Page 27 TITLE 41—PUBLIC CONTRACTS § 1322 (A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Appro- priations, the Committee on Armed Serv- ices, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the majority and minor- ity leader of the Senate; and (B) the Committee on Oversight and Gov- ernment Reform, the Committee on the Ju- diciary, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Armed Services, the Com- mittee on Energy and Commerce, the Per- manent 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 estab- lished under section 1322(a) of this title. (3) COVERED ARTICLE.—The term ‘‘covered ar- ticle’’ has the meaning given that term in sec- tion 4713 of this title. (4) COVERED PROCUREMENT ACTION.—The term ‘‘covered procurement action’’ has the mean- ing given that term in section 4713 of this title. (5) INFORMATION AND COMMUNICATIONS TECH- NOLOGY.—The term ‘‘information and commu- nications technology’’ has the meaning given that term in section 4713 of this title. (6) INTELLIGENCE COMMUNITY.—The term ‘‘in- telligence community’’ has the meaning given that term in section 3(4) of the National Secu- rity Act of 1947 (50 U.S.C. 3003(4)). (7) NATIONAL SECURITY SYSTEM.—The term ‘‘national security 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. (Added Pub. L. 115–390, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5178.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. EFFECTIVE DATE Pub. L. 115–390, title II, § 202(c), Dec. 21, 2018, 132 Stat. 5188, provided that: ‘‘The amendments made by this section [enacting this subchapter] shall take effect on the date that is 90 days after the date of the enactment of this Act [Dec. 21, 2018] and shall apply to contracts that are awarded before, on, or after that date.’’ Pub. L. 115–390, title II, § 205, Dec. 21, 2018, 132 Stat. 5193, provided that: ‘‘This title [see section 201 of Pub. L. 115–390, set out as a Short Title of 2018 note under section 101 of this title] shall take effect on the date that is 90 days after the date of the enactment of this Act [Dec. 21, 2018].’’ IMPLEMENTATION Pub. L. 115–390, title II, § 202(d), Dec. 21, 2018, 132 Stat. 5188, provided that: ‘‘(1) INTERIM FINAL RULE.—Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], the Federal Acquisition Security Council shall prescribe an interim final rule to implement sub- chapter III of chapter 13 of title 41, United States Code, as added by subsection (a). ‘‘(2) FINAL RULE.—Not later than one year after pre- scribing the interim final rule under paragraph (1) and considering public comments with respect to such in- terim 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 be- fore the last day of the one-year period referred to in that paragraph, the Council shall submit to the ap- propriate congressional committees and leadership, not later than 10 days after such last day and every 90 days thereafter until the final rule is issued, a re- port 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 ‘appropriate congressional committees and leader- ship’ has the meaning given that term in section 1321 of title 41, United States Code, as added by subsection (a).’’ § 1322. Federal Acquisition Security Council es- tablishment and membership (a) ESTABLISHMENT.—There is established in the executive branch a Federal Acquisition Se- curity 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 Infrastruc- ture Security Agency. (D) The Office of the Director of National Intelligence, including the National Coun- terintelligence 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, includ- ing the National Institute of Standards and Technology. (H) Such other executive agencies as deter- mined 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 Fed- eral Acquisition Supply Chain Security Act of 2018, the head of each agency rep- resented on the Council shall designate a representative of that agency as the lead representative of the agency on the Coun- cil. (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, Page 28 TITLE 41—PUBLIC CONTRACTS § 1323 including leadership and subject matter ex- perts of the agency, are aware of the busi- ness of the Council. (c) CHAIRPERSON.— (1) DESIGNATION.—Not later than 45 days after the date of the enactment of the Federal Acquisition Supply Chain Security 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 per- form 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 rep- resentative 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 congressional committees and leadership. (d) MEETINGS.—The Council shall meet not later than 60 days after the date of the enact- ment of the Federal Acquisition Supply Chain Security Act of 2018 and not less frequently than quarterly thereafter. (Added Pub. L. 115–390, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5178.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Federal Acquisition Supply Chain Security Act of 2018, referred to in sub- secs. (b)(2)(A)(i), (c)(1), and (d), is the date of enactment of Pub. L. 115–390, which was approved Dec. 21, 2018. 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. § 1323. Functions and authorities (a) IN GENERAL.—The Council shall perform functions that include the following: (1) Identifying and recommending develop- ment by the National Institute of Standards and Technology of supply chain risk manage- ment standards, guidelines, and practices for executive agencies to use when assessing and developing mitigation strategies to address supply chain risks, particularly in the acquisi- tion and use of covered articles under section 1326(a) of this title. (2) Identifying or developing criteria for sharing information with executive agencies, other Federal entities, and non-Federal enti- ties with respect to supply chain risk, includ- ing information related to the exercise of au- thorities provided under this section and sec- tions 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 ap- propriate 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. (3) Identifying an appropriate executive agency to— (A) accept information submitted by exec- utive agencies based on the criteria estab- lished 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 re- garding covered procurement actions by ex- ecutive 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 provide— (A) shared services, such as support for making risk assessments, validation of prod- ucts 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 support informed decision making. (5) Identifying and issuing guidance on addi- tional steps that may be necessary to address supply chain risks arising in the course of ex- ecutive agencies providing shared services, common contract solutions, acquisitions vehi- cles, or assisted acquisitions. (6) Engaging with the private sector and other nongovernmental stakeholders in per- forming the functions described in paragraphs (1) and (2) and on issues relating to the man- agement of supply chain risks posed by the ac- quisition of covered articles. (7) Carrying out such other actions, as deter- mined by the Council, that are necessary to reduce the supply chain risks posed by acquisi- tions and use of covered articles. (b) PROGRAM OFFICE AND COMMITTEES.—The Council may establish a program office and any committees, working groups, or other con- stituent bodies the Council deems appropriate, in its sole and unreviewable discretion, to carry out its functions. (c) AUTHORITY FOR EXCLUSION OR REMOVAL OR- DERS.— (1) CRITERIA.—To reduce supply chain risk, the Council shall establish criteria and proce- dures for— (A) recommending orders applicable to ex- ecutive agencies requiring the exclusion of sources or covered articles from executive