[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3520-S3523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6393. Mr. PETERS (for himself and Mr. Rounds) submitted an 
amendment intended to be proposed by him to the bill S. 4784, to 
authorize appropriations for fiscal year 2027 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle E of title VIII, add the following:

     SEC. 885. 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 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 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):

[[Page S3521]]

       ``(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.--
       ``(A) Designation.--Not 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) Transition.--The 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 paragraph (1), as amended by subparagraph (A), by 
     striking ``, particularly'' and inserting ``that arise'';
       (C) in paragraph (2), as amended by subparagraph (A)--
       (i) by striking ``sharing information'' and inserting 
     ``exchanging information'';
       (ii) by inserting ``associated with the acquisition and use 
     of covered articles'' after ``risk'';
       (iii) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (iv) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (v) by inserting after subparagraph (B) the following:
       ``(C) the process for an executive agency to submit supply 
     chain risk information to the Council in furtherance of 
     identifying, mitigating, or managing its supply chain risk; 
     and'';
       (D) in paragraph (6), as amended by subparagraph (A), by--
       (i) striking ``posed by'' and inserting ``associated 
     with''; and
       (ii) 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 sold, produced, or developed 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 sold, 
     produced, or developed 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 sold, produced, or developed 
     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).
       ``(11) Reporting to Congress annually on the security risks 
     associated with the acquisition and use of covered articles 
     sold, produced, or developed by sources of concern.'';
       (2) in subsection (b)--
       (A) by striking ``The Council'' and inserting the 
     following:
       ``(1) In general.--The Council'';
       (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.--Not later than 45 days after the date 
     of the enactment of this paragraph, the President shall 
     establish a Federal Acquisition Security Council Program 
     Office (referred to in this paragraph as the `Program 
     Office') within the Executive Office of the President to 
     carry out the 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 
     designated by the Chairperson of the Council.
       ``(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 Executive Office of the 
     President 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.''; and
       (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 ``to issue recommendations'' and 
     inserting ``, recommend orders'';
       (iv) by striking ``Such recommendations'' and inserting 
     ``Any such order recommended'';
       (v) by inserting ``to the officials described under clause 
     (iii) of paragraph (6)(A) for issuance under such paragraph'' 
     after ``thereof,'';

[[Page S3522]]

       (vi) in subparagraph (D), by striking ``supply chain risk'' 
     and inserting ``acquisition security and supply chain risk 
     associated with the acquisition of covered articles''; and
       (vii) in subparagraph (E), by striking ``exclusion or 
     removal'';
       (C) by redesignating paragraphs (3) through (7) as 
     paragraphs (4) through (8), respectively;
       (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 sold, produced, or 
     developed 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 sold, 
     produced, or developed 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 
     sold, produced, or developed 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 sold, produced, or developed 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 sold, produced, or developed 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 sold, produced, or developed by the 
     covered source of concern causing imminent threat to public 
     health and safety;
       ``(III) the availability of an alternative source or 
     covered article sold, produced, or developed 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 it 
     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) in subparagraph (E), by striking the ``the 
     recommendation'' and inserting ``the order'';
       (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)'';
       (iii) in subparagraph (B), by striking ``paragraph (6)'' 
     and inserting ``paragraph (7)'';
       (iv) by striking ``Any notice'' and inserting ``(A) In 
     general.--Any notice''; and
       (v) by inserting at the end the following:
       ``(B) Information collected.--Any information collected 
     from a source after notice under paragraph (4) shall be 
     exempt from public disclosure and disclosure under subsection 
     (b)(3)(B) of section 552 of title 5 (commonly referred to as 
     the `Freedom of Information Act'), until an order is issued 
     pursuant to paragraph (6).''; and
       (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).

       ``(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 sold, produced, or developed 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, the Speaker and 
     Minority Leader of the House of Representatives, and the 
     Majority and Minority Leaders of the Senate 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, the Speaker and 
     Minority Leader of the House of Representatives, and the 
     Majority and Minority Leaders of the Senate that includes the 
     justification for renewing the wavier.

[[Page S3523]]

       ``(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 sold, 
     produced, or developed 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 a covered source of 
     concern.''.
       (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 it 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 ``sections 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) in the case of a designated order issued under 
     section 1323(c)(6) by the appropriate official, the 
     information the Council relied upon in providing such order 
     to such official; 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.--Section 1328 of title 41, 
     United States Code, is amended to read as follows:

     ``Sec. 1328. 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) the American Security Drone Act of 2023 (Public Law 
     118-31; 41 U.S.C. 3901 note).
       ``(b) Update to Regulations.--The Federal Acquisition 
     Security Council shall update, not later than two years after 
     the date of the enactment of this section, any regulations of 
     the Council as necessary.
       ``(c) Statutorily Designated Covered Article Defined.--The 
     term `statutorily designated covered article' pursuant to 
     section 1321(5)--
       ``(1) means a vehicle or a mechanical device commonly known 
     as an `unmanned ground vehicle system' that--
       ``(A) is capable of locomotion, navigation, or movement on 
     the ground; and
       ``(B) operates at a distance from one or more operators or 
     supervisors based on commands or in response to sensor data, 
     or through any combination thereof; and
       ``(2) includes--
       ``(A) humanoid robots, mobile robotics, remote surveillance 
     vehicles, and autonomous patrol technologies; and
       ``(B) the vehicle, its payload, and any external device 
     used to control the vehicle.''.
       (h) Reallocating Existing Resources.--Section 5949(l)(1) of 
     the James M. Inhofe National Defense Authorization Act for 
     Fiscal Year 2023 (Public Law 117-263) is amended by inserting 
     before the period at the end the following: ``and the Federal 
     Acquisition Security Council Program Office established under 
     section 1323(b)(2) of title 41, United States Code''.
       (i) Implementation by the Department of Defense.--
       (1) Notification.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     provide to the congressional defense committees a 
     notification of the designation of the officials of the 
     Department of Defense who shall serve on the Council in 
     accordance with clause (b)(1)(C)(ii) of section 1322 of title 
     41, United States.
       (2) Performance of duties.--The Secretary shall ensure that 
     the officials designated--
       (A) regularly participate in the activities of the Council;
       (B) ensure that any information requested by the Council 
     from the agency represented by the such official or officials 
     is provided to the Council in a timely manner; and
       (C) establish procedures to ensure that Under Secretary of 
     Defense for Acquisition and Sustainment, the Under Secretary 
     of Defense for Research and Engineering, the Chair of the 
     Joint Requirements Oversight Council, the Assistant Secretary 
     of Defense for Industrial Base Policy, and other appropriate 
     personnel of the Department of Defense are informed of the 
     activities of the Council in a timely manner.
       (j) 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 1327 the following:

``1328. Additional provisions.''; and
       (2) by striking ``of this title'' each place the term 
     appears.
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