§1322 — Title 41 Public Contracts | U.S. Code

Summary

Creates a Federal Acquisition Security Council inside the executive branch. The Council must include representatives from OMB; GSA; DHS (including CISA); ODNI (including the NCSC); DOJ (including the FBI); DOD (including the NSA); Commerce (including NIST); and any other executive agencies the Chair picks. Within 45 days of the law, each agency head must name a lead representative who has expertise in supply chain risk, acquisitions, or information and communications technology. Those leads must keep their agency’s leaders and experts informed about the Council’s work. Within the same 45 days, the OMB Director must pick a senior OMB official to be Chair. The Chair must set meeting dates, add agencies as needed, and work with agency leads to write a charter. The Chair must send the charter to the proper congressional committees and leaders within 7 days after it is finished. The Council must meet within 60 days of the law and at least once every three months after that.

Title 41, §1322

Public Contracts — Source: USLM XML via OLRC

(a)There is established in the executive branch a Federal Acquisition Security Council.

(b)(1)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 Infrastructure Security Agency.

(D)The Office of the Director of National Intelligence, including the National Counterintelligence 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, including the National Institute of Standards and Technology.

(H)Such other executive agencies as determined by the Chairperson of the Council.

(2)(A)(i)Not later than 45 days after the date of the enactment of the Federal Acquisition Supply Chain Security Act of 2018, the head of each agency represented on the Council shall designate a representative of that agency as the lead representative of the agency on the Council.

(ii)The representative of an agency designated under clause (i) shall have expertise in supply chain risk management, acquisitions, or information and communications technology.

(B)The lead representative of an agency designated under subparagraph (A) shall ensure that appropriate personnel, including leadership and subject matter experts of the agency, are aware of the business of the Council.

(c)(1)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)The Chairperson shall perform 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 representative 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)The Council shall meet not later than 60 days after the date of the enactment of the Federal Acquisition Supply Chain Security Act of 2018 and not less frequently than quarterly thereafter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of the Federal Acquisition Supply Chain Security Act of 2018, referred to in subsecs. (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 applicable 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.

§1322 Federal Acquisition Security Council establishment and membership