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Saturday, December 28, 2024

Bipartisan bill introduced aiming at securing federal acquisition processes

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U.S. Rep. James Comer | Official U.S. House headshot

U.S. Rep. James Comer | Official U.S. House headshot

House Committee on Oversight and Accountability Chairman James Comer (R-Ky.), Ranking Member Jamie Raskin (D-Md.), Select Committee on the CCP Chairman John Moolenaar (R-Mich.), and Ranking Member Raja Krishnamoorthi (D-Ill.) have introduced the Federal Acquisition Security Council (FASC) Improvement Act of 2024 (H.R. 9597). This bill aims to enhance the Council’s ability to protect the federal supply chain from entities owned or controlled by foreign adversaries by excluding such entities from procurement processes or removing them from federal information systems.

“This bipartisan bill provides the Federal Acquisition Security Council with the teeth and resources it needs to protect the federal supply chain from technology companies and products owned or controlled by a foreign adversary. We look forward to moving this bill through the Oversight Committee this week to ensure protections for the federal supply chain and agency information systems,” said Chairman Comer.

“We have bipartisan consensus that protecting our nation’s supply chains is key to national security. This legislation takes an important step to protecting the federal government against the purchase of products and services from our foreign adversaries. It will help address any vulnerabilities in our technology infrastructure and guard against national security threats,” said Ranking Member Raskin.

“U.S. taxpayer dollars should not be going to foreign adversary companies that pose a risk to U.S. national security. I am proud to co-lead Chairman Comer and Ranking Member Raskin’s overhaul of federal procurement law to better protect our national security and our supply chains,” said Chairman Moolenaar.

“Building supply chain resilience is an essential step in strengthening both our economy and our national security. Our bipartisan legislation will enable the Federal Acquisition Security Council to protect the federal supply chain from foreign adversaries and help mitigate supply chain disruptions in the future,” said Ranking Member Krishnamoorthi.

Summary of the FASC Improvement Act:

- Authorizes the FASC to issue binding removal and exclusion orders when directed by Congress, creating a standardized process for Congress to direct exclusion or removal of sources of concern from the Federal procurement system.

- Strengthens FASC's governing structure by moving it into the Executive Office of the President and elevating membership requirements.

- Expands FASC’s focus to include acquisition security more broadly, requiring proactive monitoring and evaluation of certain covered articles for ongoing risk.

- Reallocates currently authorized appropriations to establish a FASC program office within the Office of National Cyber Director, providing operational, legal, and policy support.

- Incorporates recent best practices from other government-wide procurement prohibitions passed into law, including due process considerations, national security exemptions, case-by-case waiver processes, and second-order prohibitions.

Bill text can be found here.

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