This bill revises the structure and function of the Federal Acquisition Security Council (FASC), including by authorizing FASC to declare certain vendors associated with foreign adversaries ineligible to participate in federal procurement.
Specifically, Congress may designate for FASC review vendors (1) that are operating on behalf of, or are subject to the jurisdiction or control of, foreign adversaries; or (2) that pose a risk to national security based on their association with a foreign adversary’s military or intelligence forces. The covered foreign adversaries are China, Iran, North Korea, and Russia.
FASC must review each designated vendor to determine whether to issue an order excluding the vendor from executive agencies’ procurement actions or requiring covered articles produced or provided by the vendor to be removed from agencies’ information systems. (Currently, covered articles include telecommunications equipment and services, information technology and information processing, and other systems or devices that include information technology.) Vendors subject to an exclusion or removal order may submit information in opposition for FASC’s consideration before the order is finalized.
Separately, the bill broadens FASC’s functions related to supply chain risk to include a focus on acquisition security and risks associated with the procurement and use of covered articles.
The bill also reallocates authorized funding for FASC from the Office of Management and Budget to the Office of the National Cyber Director (ONCD), and establishes a FASC program office within ONCD to provide subject matter expertise and administrative and legal support.
