Sec. 1804 — Changes with respect to the Federal Acquisition Security Council

Statutory text

(a) Definition of source of concern, covered source of concern, recommended order, and designated orderSection 1321 of title 41, United States Code, is amended—(1)by amending paragraph (3) to read as follows:

(3) Covered article. The term covered article—(A)has the meaning given that term in section 4713; and(B)includes operational technology (as defined in section 3 of the Internet of Things Cybersecurity Improvement Act of 2020 (Public Law 116—207; 15 U.S.C. 278g—3a)).;(2)by redesignating paragraphs (5) through (8) as paragraphs (7) through (10), respectively;(3)by inserting after paragraph (4) the following:

(5) Covered source of concern. The term covered source of concern means a source of concern that sells, produces, or is involved in the development of a covered article that is designated in section 1328(c) as a statutorily designated covered article.

(6) Designated order. The term designated order means an order described under section 1323

(c) (3).; and(4)by adding at the end the following:

(11) Recommended order. The term recommended order means an order recommended under section 1323

(c) (2).

(12) Source of concern(A)In generalThe term source of concern means a source—(i)subject to the jurisdiction, direction, or control of the government of a foreign adversary, or operates on behalf of the government of a foreign adversary; or(ii)that poses a risk to the national security of the United States based on collaboration with, whole or partial ownership or control by, or being affiliated with a military, internal security force, or intelligence agency of a foreign adversary.(B)Foreign adversary definedIn this paragraph, the term foreign adversary has the meaning given the term covered nation in section 4872(d) of title 10..

(b) Establishment and members of council. Section 1322 of title 41, United States Code, is amended—(1)in subsection (a), by striking executive branch and inserting Executive Office of the President;(2)in subsection (b)—(A)by amending paragraph (1) to read as follows:

(1) In general. The members of the Council shall be as follows:(A)The Administrator for Federal Procurement Policy.(B)The Deputy Director for Management of the Office of Management and Budget.(C)The following officials, each of whom shall occupy a position at the level of Assistant Secretary or Deputy Assistant Secretary (or equivalent):

(i) Two officials from the Office of the Director of National Intelligence, one of which shall be from the National Counterintelligence and Security Center.(ii)Two officials from the Department of Defense, one of which shall be one from the National Security Agency.(iii)Two officials from the Department of Homeland Security, one of which shall be one from the Cybersecurity and Infrastructure Security Agency.(iv)An official from the General Services Administration.

(v) An official from the Office of the National Cyber Director.(vi)Two officials from the Department of Justice, one of which shall be one from the Federal Bureau of Investigation.(vii)Two officials from the Department of Commerce, one of which shall be from the National Institute of Standards and Technology and one of which shall be from the Bureau of Industry and Security.(viii)An official from any executive agency not listed under clauses (i) through (vii) whose temporary or permanent participation is determined by the Chairperson of the Council to be necessary to carry out the functions of the Council while maintaining the intended balance in subject matter expertise.; and(B)in paragraph (2)—(i)in the heading, by striking Lead representatives and inserting Members;(ii)by amending subparagraph (A)(i) to read as follows:

(i) In general. The head of each executive agency listed under paragraph

(1) (C) shall designate the official or officials from that agency who shall serve on the Council in accordance with such paragraph.;(iii)by amending subparagraph (A)(ii) to read as follows:(ii)RequirementsTo the extent feasible, any official designated under clause (i) shall have expertise in supply chain risk management, acquisitions, law, or information and communications technology.;(iv)by amending subparagraph (B) to read as follows:(B)FunctionsA member of the Council shall—(i)regularly participate in the activities of the Council;(ii)ensure that any information requested by the Council from the agency represented by the member is provided to the Council; and(iii)ensure that the head of the agency represented by the member and other appropriate personnel of the agency are aware of the activities of the Council.;(3)in subsection (c)—(A)by amending paragraph (1) to read as follows:

(1) In general(A)DesignationNot later than 45 days after the date of the enactment of this paragraph, the President shall a designate a member of the Council to serve as Chairperson of the Council.(B)TransitionThe Chairperson of the Council on the day before the date of the enactment of this paragraph shall remain the Chairperson until the President makes a designation pursuant to subparagraph (A).; and(B)in paragraph (2)—(i)in subparagraph (B), by striking subsection

(b)

(1) (H) and inserting subsection

(b)

(1) (C)(viii); and(ii)in subparagraph (C), by striking lead representative of each agency represented on the Council and inserting members of the Council; and(4)in subsection (d)—(A)by striking The Council and inserting the following:

(1) Council meetings. The Council; and(B)by adding at the end the following:

(2) Other meetings. The Chairperson of the Council shall meet, not less frequently than semiannually, with—(A)the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence; or(B)in the case that any of the officials under subparagraph (A) delegated authority to an official under section 1323

(c)

(6) (C), with the delegated official..

(c) Functions and authorities. Section 1323 of title 41, United States Code, is amended—(1)in subsection (a)—(A)by striking supply chain each place it appears and inserting acquisition security and supply chain;(B)in parag