[Congressional Record Volume 170, Number 166 (Tuesday, November 12, 2024)]
[House]
[Pages H5937-H5940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL ACQUISITION SECURITY COUNCIL IMPROVEMENT ACT OF 2024
Mr. HIGGINS of Louisiana. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 9597) to amend title 41, United States Code, to
make changes with respect to the Federal Acquisition Security Council,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 9597
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Acquisition Security
Council Improvement Act of 2024''.
SEC. 2. CHANGES WITH RESPECT TO THE FEDERAL ACQUISITION
SECURITY COUNCIL.
(a) Definition of Source of Concern, Covered Source of
Concern, Recommended Order, and Designated Order.--Section
1321 of title 41, United States Code, is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (7) through (10);
(2) by inserting after paragraph (4) the following:
``(5) Covered source of concern.--The term `covered source
of concern' means a source of concern that is specifically
designated as a `covered source of concern' by a statute that
states that such designation is for the purposes of this
subchapter.
``(6) Designated order.--The term `designated order' means
an order described under section 1323(c)(3).''; and
(3) 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 general.--The 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 defined.--In 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) Requirements.--To 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) Functions.--A 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.--The Chairperson of the Council shall
be--
``(A) the National Cyber Director; or
``(B) another member of the Council designated by the
National Cyber Director.''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``(b)(1)(H)'' and
inserting ``(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 paragraph (1), as amended by subparagraph (A), by
striking ``, particularly'' and inserting ``that arise'';
(C) in paragraph (2), as amended by subparagraph (A), by
inserting ``associated with the acquisition and use of
covered articles'' after ``risk'';
(D) in paragraph (6), as amended by subparagraph (A)--
(i) by striking ``posed by'' and inserting ``associated
with''; and
(ii) by inserting ``and use'' before ``of covered
articles'';
(E) in paragraph (7), by striking ``posed by acquisitions''
and inserting ``associated with the acquisition'';
(F) by redesignating paragraph (7) as paragraph (12); and
(G) by inserting after paragraph (6) the following:
``(7) Implementing a prioritization scheme for evaluating
the security risks associated with the acquisition and use of
covered articles provided or produced by a covered source of
concern.
``(8) Evaluating each covered source of concern to
determine whether to issue a designated order with respect to
the covered source of concern or a covered article produced
or provided by the covered source of concern.
``(9) Evaluating sources of concern to determine whether to
issue a recommended order with respect to the source of
concern, or any covered article produced or provided by the
source of concern.
``(10) Monitoring and evaluating compliance by the
Secretary of Homeland Security, Secretary of Defense, and
Director of National Intelligence with the requirement to
issue designated orders under subsection (c)(6)(B).
[[Page H5938]]
``(11) Reporting to Congress annually on the security risks
associated with the acquisition and use of covered articles
produced or provided by sources of concern.'';
(2) in subsection (b)--
(A) by striking ``The Council'' and inserting the
following:
``(1) In general.--The Council''; and
(B) in paragraph (1), as so redesignated, by striking ``a
program office and''; and
(C) by adding at the end the following:
``(2) Federal acquisition security council program
office.--
``(A) Establishment.--The Council shall establish a Federal
Acquisition Security Council Program Office (referred to in
this paragraph as the `Program Office') within the Office of
the National Cyber Director to carry out the functions of the
Council duties described under subparagraph (B).
``(B) Duties.--The Program Office shall provide to the
Council, including any committees, working groups, or other
constituent bodies established by the Council under paragraph
(1)--
``(i) administrative, legal, and policy support; and
``(ii) analysis and subject matter expertise on information
communications technology, acquisition security, and supply
chain risk.
``(C) Structure.--The head of the Program Office shall be a
senior official from the Office of the National Cyber
Director that occupies a position at the level of Assistant
Secretary or Deputy Assistant Secretary (or equivalent).
``(D) Prohibition.--The Program Office may not provide
administrative support to the Council for any activities of
the Council carried out pursuant to a provision of law other
than a provision of law under this subchapter.
``(E) Funding and resources.--The Program Office may use
the staff and resources of the Office of the National Cyber
Director or maintain dedicated staff and resources, as
appropriate, in the performance of the duties of the Office.
``(F) Shared staffing authority.--
``(i) In general.--The Program Office may accept officers
or employees of the United States or members of the Armed
Forces on a detail from an element of the intelligence
community (as such term is defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) or from
another element of the Federal Government on a
nonreimbursable basis, as jointly agreed to by the heads of
the receiving and detailing elements, for a period not to
exceed three years.
``(ii) Rule of construction.--Nothing in this subparagraph
may be construed as imposing any limitation on any other
authority for reimbursable or nonreimbursable details.
``(iii) Nonreimbursable detail.--A nonreimbursable detail
made under this subparagraph shall not be considered an
augmentation of the appropriations of the receiving element
of the Program Office or the Office of the National Cyber
Director.
``(G) Sunset.--The Program Office shall terminate on the
date described under section 1328.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``supply chain risk'' and inserting ``acquisition security
and supply chain risk associated with the acquisition of
covered articles'';
(ii) in subparagraph (A), by inserting ``recommended''
before ``exclusion orders'';
(iii) in subparagraph (B), by inserting ``recommended''
before ``removal orders'';
(iv) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(v) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(vi) by adding at the end the following:
``(E) issuing designated orders.'';
(B) in paragraph (2)--
(i) in the heading, by striking ``Recommendations'' and
inserting ``Recommended orders'';
(ii) by striking ``use'' and inserting ``, using'';
(iii) by striking ``subsection (a)(3)'' and inserting
``subsection (a)(4)'';
(iv) by striking ``to issue recommendations'' and inserting
``, recommend orders'';
(v) by striking ``Such recommendations'' and inserting
``Any such order recommended'';
(vi) by inserting ``to the officials described under clause
(iii) of paragraph (6)(A) for issuance under such paragraph''
after ``thereof,'';
(vii) in subparagraph (D), by striking ``supply chain
risk'' and inserting ``acquisition security and supply chain
risk associated with the acquisition of covered articles'';
and
(viii) in subparagraph (E), by striking ``exclusion or
removal'';
(C) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8);
(D) by inserting after paragraph (2) the following:
``(3) Designated orders.--
``(A) Exclusion or removal of covered sources of concern.--
``(i) In general.--Not later than 270 days after a source
of concern is designated as a covered source of concern, the
Council--
``(I) shall provide to the officials described under clause
(iii) of paragraph (6)(B) for issuance under such paragraph
orders requiring--
``(aa) the exclusion of the covered source of concern from
any executive agency procurement action, including source
selection and consent for a contractor; or
``(bb) the removal of covered articles produced or provided
by the covered source of concern from the information system
of executive agencies; or
``(II) report to Congress why the Council has determined to
not issue an order described under subclause (I) with respect
to the covered source of concern or covered articles produced
or provided by the covered source of concern.
``(ii) Contents of order.--Any order provided under clause
(i) shall include--
``(I) information regarding the scope and applicability of
the order, including any information necessary to positively
identify the covered source of concern or covered articles
produced or provided by the covered source of concern
required to be excluded or removed under the order;
``(II) a summary of any risk assessment reviewed or
conducted in support of the order;
``(III) a summary of the basis for the order, including a
discussion of less intrusive measures that were considered
and why such measures were not reasonably available to reduce
security risk;
``(IV) a description of the actions necessary to implement
the order; and
``(V) where practicable, in the Council's sole and
unreviewable discretion, a description of mitigation steps
that could be taken by the covered source of concern that may
result in the Council rescinding the order.
``(B) Exclusion or removal of second order sources or
covered articles.--
``(i) Issuance.--In the case that the Council provides an
order under subparagraph (A), the Council may also provide an
order to the officials described under paragraph (6)(A)(iii)
requiring the exclusion of sources or covered articles from
executive agency procurement actions or removal of covered
articles from executive agency information systems if--
``(I) such covered articles or such sources use a covered
source of concern in the performance of a contract with the
executive agency; or
``(II) such sources enter into a contract, the performance
of which such source knows or has reason to believe will
require, in the performance of a contract with the executive
agency, the use of a covered source of concern or the use of
a covered article produced or provided by a covered source of
concern.
``(ii) Effective date considerations.--Any effective date
prescribed by the Council for an order issued pursuant to
clause (i) shall take into account--
``(I) the risk posed by the covered source of concern or
the covered article produced or provided by the covered
source of concern to the national security of the United
States;
``(II) the likelihood of the covered source of concern or
the covered article produced or provided by the covered
source of concern causing imminent threat to public health
and safety;
``(III) the availability of an alternative source or
covered article produced or provided by an alternative
source; and
``(IV) an assessment of the potential direct or
quantifiable costs that may be incurred by the Federal
Government, a State, local, or Tribal government, or by the
private sector, as a result of compliance by the head of an
executive agency with such an exclusion or removal order.'';
(E) in paragraph (4), as so redesignated--
(i) in the heading, by striking ``of recommendation and
review'' and inserting ``and review of recommended and
designated orders'';
(ii) by striking `` the recommendation'' each place the
term appears, and inserting `` the order'';
(iii) in the matter preceding subparagraph (A), by striking
``A notice of the Council's recommendation under paragraph
(2)'' and inserting ``Before the Council recommends an order
under paragraph (2) or issues an order under paragraph (3), a
notice'';
(iv) in subparagraph (A), by striking ``a recommendation
has been made'' and inserting ``the order will be recommended
or issued'';
(v) in subparagraph (D), by striking ``paragraph (5)'' and
inserting ``paragraph (6)''; and
(vi) by inserting a new subparagraph to read as follows:
``(F) Until an order is issued pursuant to paragraph (6),
information collected under this paragraph shall be exempt
from public disclosure and shall be exempt from disclosure
under section 552(b)(3)(B) of title 5, United States Code
(commonly referred to as the `Freedom of Information
Act').'';
(F) in paragraph (5), as so redesignated--
(i) by striking ``paragraph (3)'' and inserting ``paragraph
(4)'';
(ii) in subparagraph (A), by striking ``paragraph (5)'' and
inserting ``paragraph (6)''; and
(iii) in subparagraph (B), by striking ``paragraph (6)''
and inserting ``paragraph (7)'';
(G) in paragraph (6), as so redesignated--
(i) by amending subparagraph (A) to read as follows:
``(A) Issuance of recommended orders.--
``(i) Modifications to order.--After considering any
response properly submitted by a source under paragraph (4)
related to an order to be recommended under paragraph (2),
the Council shall--
``(I) make such modifications to the order as the Council
considers appropriate; and
``(II) provide the order (together with any information
submitted by a source under paragraph (4) related to such
order) to the officials described under clause (iii).
[[Page H5939]]
``(ii) Order.--Not later than 90 days after receiving a
recommended order, the officials described under clause (iii)
shall--
``(I) issue the order to the heads of the applicable
agencies; or
``(II) submit a notification to the Council that the order
will not be issued, that includes in the notification to the
Council, all the reasons for why the order will not be
issued.
``(iii) Officials.--The officials described in this clause
are as follows:
``(I) The Secretary of Homeland Security, for exclusion and
removal orders applicable to civilian agencies, to the extent
not covered by subclause (II) or (III).
``(II) The Secretary of Defense, for exclusion and removal
orders applicable to the Department of Defense and national
security systems other than sensitive compartmented
information systems.
``(III) The Director of National Intelligence, for
exclusion and removal orders applicable to the intelligence
community and sensitive compartmented information systems, to
the extent not covered by subclause (II).'';
(ii) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively;
(iii) by inserting after subparagraph (A) the following:
``(B) Issuance of designated order.--
``(i) Modifications.--After considering any response
properly submitted by a source under paragraph (4) related to
a designated order, the Council shall--
``(I)(aa) make any such modifications to the order as the
Council considers appropriate; or
``(bb) if the Council determines that the issuance of a
designated order is not warranted, rescind the designated
order and notify the source of the rescission; and
``(II) except in the case that the Council rescinds the
designated order under subclause (I)(bb), provide the
designated order (including any modifications made to such
order by the Council) to the officials described in clause
(iii).
``(ii) Issuance.--The officials described in clause (iii)
shall, not later than 90 days after receiving a designated
order, issue the order to the heads of the applicable
agencies.
``(iii) Officials.--The officials described in this clause
are as follows:
``(I) The Secretary of Homeland Security, for exclusion and
removal orders applicable to civilian agencies, to the extent
not covered by subclause (II) or (III).
``(II) The Secretary of Defense, for exclusion and removal
orders applicable to the Department of Defense and national
security systems other than sensitive compartmented
information systems.
``(III) The Director of National Intelligence, for
exclusion and removal orders applicable to the intelligence
community and sensitive compartmented information systems, to
the extent not covered by subclause (II).
``(iv) Waiver.--An official described under clause (iii)
may waive for a period of not more than 365 days the
application of an order issued by such official under clause
(ii) with respect to a covered source of concern or a covered
article produced or provided by a covered source of concern
if the official submits, not later than 30 days after making
such waiver, a written notification to the Council,
appropriate congressional committees, and leadership that
contains the justification for such waiver.
``(v) Renewal of waiver.--An official described under
clause (iii) may renew a waiver under clause (iv) for an
additional period of not more than 180 days if--
``(I) the renewal of the waiver is in the national security
interests of the United States; and
``(II) the official submits, not later than 30 days after
renewing such waiver, a written notification to the Council,
appropriate congressional committees, and leadership that
includes the justification for renewing the wavier.
``(vi) National security waiver.--An official described
under clause (iii) may waive the application of an order
issued by such official under clause (ii) with respect to a
covered source of concern or a covered article produced or
provided by a covered source of concern for any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any
authorized intelligence activities of the United States.
``(vii) Rescission of order.--An exclusion or removal order
issued under this subparagraph by an official may be
rescinded only by the Council.''.
(iv) in subparagraph (C), as so redesignated--
(I) by striking ``subparagraph (A)'' and inserting
``subparagraph (A)(iii) or (B)(iii)'';
(II) by striking ``this subparagraph'' and inserting
``subparagraph (A)(iii) or (B)(iii)''; and
(III) by striking ``, except'' and all that follows before
the period at the end;
(v) in subparagraph (D), as so redesignated--
(I) by striking ``this paragraph'' and inserting
``subparagraph (A)(iii) or (B)(iii)''; and
(II) by striking ``help'';
(vi) in subparagraph (E), as so redesignated, by striking
``this paragraph'' and inserting ``subparagraph (A)''; and
(vii) by adding after subparagraph (F), as so redesignated,
the following:
``(G) Effective date of orders.--The effective date of an
order issued under this paragraph may not be more than 365
days after the order is issued.'';
(H) in paragraph (7), as so redesignated, by striking
``paragraph (5)(A)'' and inserting ``subparagraph (A) or (B)
of paragraph (6)''; and
(I) in paragraph (8), as so redesignated, by striking
``paragraph (5)'' and inserting ``paragraph (6)'';
(4) in subsection (e), by inserting ``the Chief Data
Officers Council,'' before ``the Chief Acquisition''; and
(5) in subsection (f)(2), by striking the period at the end
and inserting ``unless such source is specifically designated
by statute as a covered source of concern for the purposes of
this subchapter.''.
(d) Strategic Plan.--Section 1324(a) of title 41, United
States Code, is amended--
(1) by inserting ``, and periodically thereafter'' after
``2018'';
(2) in the matter preceding paragraph (1), by inserting
``acquisition security and'' before ``supply chain risks'';
(3) in paragraph (8), by inserting ``acquisition security
and'' before ``supply chain risks''; and
(4) in paragraph (9)(A), by inserting ``acquisition
security and'' before ``supply chain risk''.
(e) Requirements for Executive Agencies.--Section 1326 of
title 41, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) providing any information requested by the
Chairperson of the Council for the purpose of carrying out
activities of this subchapter, subject to applicable law or
policy on the control and handling of classified, sensitive,
or proprietary information.' ''';
(2) by striking ``supply chain'' each place such term
appears and inserting ``security and supply chain''; and
(3) in subsection (b)(6), by striking ``supply chain'' and
inserting ``security or supply chain''.
(f) Judicial Procedure.--Section 1327(b) of title 41,
United States Code, is amended--
(1) in paragraph (1), by striking ``section 1323(c)(6)''
and inserting ``section 1323(c)(7)'';
(2) in paragraph (3), by striking ``section 1323(c)(5)''
and inserting ``sections 1323(c)(6)''; and
(3) in paragraph (4), by amending subparagraph (B)(i) to
read as follows:
``(i) Filing of record.--The United States shall file with
the court an administrative record, which shall consist of--
``(I) the information the Council relied upon in issuing a
designated order under 1323(c)(6); and
``(II) the information that the appropriate official relied
upon in issuing an exclusion or removal order under section
1323(c)(6) or a covered procurement action under section
4713.''.
(g) Additional Provisions.--Subchapter III of chapter 13 of
title 41, United States Code, is amended by adding at the end
the following:
``Sec. 1329. Additional provisions
``(a) Compliance With Existing Prohibitions.--In
implementing this subchapter, the Council shall coordinate,
as applicable and practicable, with the head of an agency to
assist with compliance by the agency with--
``(1) section 889 of the John S. McCain National Defense
Authorization Act of 2019 (Public Law 115-232; 41 U.S.C. 3901
note);
``(2) section 5949 of the James M. Inhofe National Defense
Authorization Act of 2023 (Public Law 117-263; 41 U.S.C. 4713
note); and
``(3) sections 1821 through 1833 of the American Security
Drone Act of 2023 (Public Law 118-31).
``(b) Update to Regulations.--The Federal Acquisition
Security Council shall update, within two years after the
date of the enactment of this section, any regulations of the
Council as necessary.''.
(h) Technical and Conforming Changes.--Subchapter III of
chapter 13 of title 41, United States Code, is amended--
(1) in the table of sections for the subchapter by adding
after the item related to section 1328 the following:
``1329. Additional provisions.'';
(2) in section 1321(1)(B), by striking ``Government
Reform'' and inserting ``Accountability''; and
(3) by striking ``of this title'' each place the term
appears.
SEC. 3. REALLOCATING EXISTING RESOURCES.
Section 5949(l) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended--
(1) in paragraph (1), by striking ``Office of Management
and Budget'' and inserting ``Office of the National Cyber
Director''; and
(2) in paragraph (2), by striking ``Office of Management
and Budget'' and inserting ``Office of the National Cyber
Director''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Louisiana (Mr. Higgins) and the gentleman from Maryland (Mr. Raskin)
each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana.
General Leave
Mr. HIGGINS of Louisiana. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative
[[Page H5940]]
days in which to revise and extend their remarks and include extraneous
material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Louisiana?
There was no objection.
Mr. HIGGINS of Louisiana. Mr. Speaker, I yield 4 minutes to the
gentleman from Kentucky (Mr. Comer), the chairman of our committee.
Mr. COMER. Mr. Speaker, I thank the gentleman from Louisiana for
yielding.
Our foreign adversaries have been using information technology and
telecommunications equipment to infiltrate and exploit the systems of
Federal agencies.
Congress has worked to address this threat by passing numerous bills
to prohibit Federal agencies from purchasing or using technology from
sources of concern.
This includes legislation to prohibit Federal agencies from using
telecommunications and video surveillance equipment provided by certain
Chinese companies, legislation to prohibit Federal agencies from
procuring electronic products or services that include semiconductors
produced by certain Chinese companies, and legislation to prohibit
Federal agencies from buying or using drones manufactured or assembled
by certain Chinese companies.
In addition to these outright prohibitions, Congress has already
previously established the Federal Acquisition Security Council, or the
FASC.
The FASC has the authority to recommend that agencies exclude certain
sources from Federal procurement processes or remove certain
technologies from Federal information systems. However, Congress must
have a more active role in directing the FASC to consider the exclusion
and removal of certain sources of concern from Federal systems.
This bill, the FASC Improvement Act, authorizes the FASC to issue
binding removal and exclusion orders when directed by Congress. Such
new binding removal and exclusion orders would complement the existing
authorities of the FASC to issue recommendations.
However, this new authority provides Congress a streamlined and
standardized process for prohibiting Federal agencies from buying or
using a source of concern in the future. To carry out this
responsibility, the FASC needs to have adequate support and be
appropriately resourced.
H.R. 9597 provides this support by strengthening the governing
structure of the FASC by moving it into the executive office of the
President and elevating the FASC's agency membership requirements.
This bill expands the FASC's focus to include acquisition security
more broadly, beyond its current narrower focus on supply chain risks,
and requires the FASC to proactively monitor and evaluate certain
sources for ongoing risks. This bill also reallocates currently
authorized appropriations to establish a FASC program within the Office
of the National Cyber Director.
This FASC program is authorized to provide the FASC critical
operational, legal, and policy support it needs to draft and issue
removal and exclusion orders, such support it currently lacks.
Importantly, this bill incorporates best practices from the recent
government-wide procurement prohibitions, including necessary due
process considerations, national security exemptions, case-by-case
waiver processes, and second-order prohibitions.
In other words, the FASC Improvement Act consolidates the past 6
years of congressional legislation addressing national security
procurement risks by reforming established processes and expanding
authorities.
We need to ensure the executive branch can promptly act to protect
the Federal supply chain and agency information systems from nefarious
technology influenced by a foreign adversary.
This bill will help prevent American taxpayer dollars from supporting
companies owned or controlled by foreign enemies and hostile actors.
This bipartisan bill provides the FASC with the teeth and resources
it needs to protect the Federal supply chain.
I thank my colleagues, Oversight Committee Ranking Member Jamie
Raskin, as well as the leadership of the Select Committee on China,
Chairman Moolenaar and Representative Krishnamoorthi, for partnering
with me on this legislation.
Mr. Speaker, I encourage my colleagues to support this important
national security bill.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 9597, the Federal Acquisition Security
Council Improvement Act. I am proud to be an original cosponsor of the
bill.
I thank the gentleman from Louisiana and Chairman Comer for working
closely with us on the legislation.
The bill strengthens the Federal Acquisition Security Council's
capacity to guard our Nation's supply chains against foreign
adversaries.
The council was established in 2018, and this bill would improve its
governing structure by moving it into the executive office of the
President and elevating FASC membership requirements.
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The bill would always expand the council's authorities beyond supply
chain security to include acquisition security more broadly and grants
the council the authority to issue removal or exclusion orders of
specific companies when necessary or when directed to do so by the
United States Congress.
Finally, our bill would create a streamlined process for Congress to
designate sources of concern and requires the council to launch an
investigation into these sources, with appropriate due process
government-wide input and potential subcontractor prohibitions.
Mr. Speaker, I commend the staff on both sides of the aisle for their
creative collaboration on this legislation.
Mr. Speaker, I am closing with an admonition to everybody to vote for
this bill, and I yield back the balance of my time.
Mr. HIGGINS of Louisiana. I support the bill, Mr. Speaker, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Louisiana (Mr. Higgins) that the House suspend the rules
and pass the bill, H.R. 9597, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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