§1321 — Title 41 Public Contracts | U.S. Code

Summary

Defines key terms used in the subchapter. "Appropriate congressional committees and leadership" names specific Senate and House committees and the leaders in each chamber: for the Senate it covers Homeland Security and Governmental Affairs; Judiciary; Appropriations; Armed Services; Commerce, Science, and Transportation; the Select Committee on Intelligence; and the Senate majority and minority leaders; for the House it covers Oversight and Government Reform; Judiciary; Appropriations; Homeland Security; Armed Services; Energy and Commerce; the Permanent Select Committee on Intelligence; and the Speaker and House minority leader. "Council" means the Federal Acquisition Security Council created under section 1322(a) of this title. "Covered article," "covered procurement action," "information and communications technology," and "supply chain risk" mean what section 4713 of this title defines. "Intelligence community" has the meaning in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). "National security system" has the meaning in section 3552 of title 44.

Title 41, §1321

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In this subchapter:

(1)The term “appropriate congressional committees and leadership” means—

(A)the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the majority and minority leader of the Senate; and

(B)the Committee on Oversight and Government Reform, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, and the Speaker and minority leader of the House of Representatives.

(2)The term “Council” means the Federal Acquisition Security Council established under section 1322(a) of this title.

(3)The term “covered article” has the meaning given that term in section 4713 of this title.

(4)The term “covered procurement action” has the meaning given that term in section 4713 of this title.

(5)The term “information and communications technology” has the meaning given that term in section 4713 of this title.

(6)The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(7)The term “national security system” has the meaning given that term in section 3552 of title 44.

(8)The term “supply chain risk” has the meaning given that term in section 4713 of this title.

Notes & Related Subsidiaries

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 Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth 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 subchapter III of chapter 13 of title 41, United States Code, as added by subsection (a). “(2) Final rule.—Not later than one year after prescribing the interim final rule under paragraph (1) and considering public comments with respect to such interim 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 before the last day of the one-year period referred to in that paragraph, the Council shall submit to the appropriate 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 report 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 leadership’ has the meaning given that term in section 1321 of title 41, United States Code, as added by subsection (a).”

§1321 Definitions