Overview
Title
To amend title 41, United States Code, to make changes with respect to the Federal Acquisition Security Council, and for other purposes.
ELI5 AI
The bill wants to improve how the government buys things, making sure it's safe, especially from countries that might not be friendly. It sets up a special group to check and decide what is safe to buy, and makes sure different parts of the government work together to keep us protected.
Summary AI
The bill, S. 5310, aims to improve and update the Federal Acquisition Security Council's operations by amending title 41 of the United States Code. It introduces new definitions and structures for handling sources of concern related to national security in government acquisitions, establishes a Program Office within the Office of the National Cyber Director, and outlines specific changes in procedures and responsibilities for the Council and its members. The bill also emphasizes collaboration with other agencies to address supply chain risks and compliance with existing federal regulations.
Published
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AnalysisAI
The proposed legislation, "Federal Acquisition Security Council Improvement Act of 2024," aims to reform the Federal Acquisition Security Council, the body responsible for safeguarding U.S. federal procurements from security threats, particularly those posed by foreign entities.
General Summary
The bill seeks to amend the United States Code to update definitions and processes governing the Federal Acquisition Security Council. It involves redefining terms related to security concerns in federal acquisitions, altering membership requirements, and expanding the powers and responsibilities of the Council. A new Federal Acquisition Security Council Program Office will be established to enhance the Council's operational capacity, particularly in cybersecurity. The changes appear to extend the Council's influence over federal agencies by formalizing its role in addressing security risks associated with federal procurement processes.
Summary of Significant Issues
One issue identified is the complexity and clarity of definitions such as "source of concern" and "foreign adversary." These terms are crucial in understanding the scope of the bill but are not explained plainly, which might lead to misunderstandings about which entities fall under these categories.
The restructured Federal Acquisition Security Council may give disproportionate influence to certain departments, potentially resulting in favoritism. The powers granted to the Council and its Program Office are considerable, raising concerns about potential misuse. The introduction of terms like "designated order" and "recommended order," coupled with the Council's discretionary power, signifies a concentration of decision-making authority without evident checks and balances.
The bill's strict timelines for order recommendation and issuance may lead to hurried processes and invite procedural oversights. Additionally, the bill does not provide specific measures for coordinating compliance with other laws, risking inconsistent application across agencies.
Finally, reallocating responsibilities to the Office of the National Cyber Director without an explicit rationale questions the effectiveness and preparedness of the Office to assume these new roles, lacking clear budgetary and logistical details.
Impact on the Public
The general public could benefit from enhanced national security measures, specifically in safeguarding federal acquisitions from foreign threats. By explicitly defining roles and powers, the legislation seeks to streamline processes and fortify government procurement against security risks. However, confusion stemming from the bill's complex definitions and terminology might limit public understanding and transparency relating to these enhancements.
Impact on Stakeholders
For government agencies, particularly those involved in cybersecurity and defense, strengthened frameworks and additional support may improve coordination of security risk management. The restructuring might also facilitate better collaboration across federal bodies to combat acquisition-related security threats. However, if the changes lead to perceptions of favoritism between departments or latency due to rushed assessments, they might face challenges in implementation.
The Office of the National Cyber Director is poised to receive increased responsibilities, yet it remains uncertain whether it can effectively manage these new duties without additional resources or infrastructure. Agencies and organizations involved in federal procurement may face increased scrutiny and compliance requirements, potentially complicating existing procedures.
Overall, while the bill aims to improve federal acquisition security, its effectiveness hinges on execution and the capacity to balance enhanced oversight with the need for fairness and clarity across affected stakeholders.
Issues
The definition of 'source of concern' in Section 2 is potentially problematic due to its complexity and lack of clarity, particularly as it relates to the vague reference to the jurisdiction or control by a 'foreign adversary', which is defined by referring to another statute, possibly causing confusion for readers not familiar with section 4872(d) of title 10.
The restructuring of the Federal Acquisition Security Council, as outlined in Section 2(b), could potentially result in favoritism towards certain departments over others due to specific inclusion criteria for council membership. This might disproportionately benefit agencies like the Department of Defense or National Security Agency.
The extensive responsibilities and powers granted to the Federal Acquisition Security Council and its Program Office in Sections 2(b) and 2(c) may require additional oversight to prevent potential misuse or abuse of power, especially with provisions like nonreimbursable details, which might lead to resource allocation issues or perceptions of favoritism.
The terms 'designated order' and 'recommended order', introduced in Section 2(a), along with the Council's sole discretion to implement orders (Section 2(c)(3)), could lead to significant power concentration within the council and may result in unintended exemptions or preferential treatment without sufficient checks and balances.
The amendment mandates, particularly in Section 2(c)(2)-(6), strict timelines for recommending, issuing, and reporting on orders. These timelines could create pressure or result in rushed assessments, possibly leading to oversights or procedural delays in addressing security risks.
The bill lacks specific compliance measures for ensuring proper coordination with multiple overlapping laws, as highlighted in Section 1329(a), which could lead to inconsistent application or oversight by different agencies.
The rationale for reallocating responsibilities from the Office of Management and Budget to the Office of the National Cyber Director (Section 3) is not explained, raising questions about whether the change will enhance effectiveness, and it lacks a clear articulation of logistical or financial impacts.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the act states its short title, which is the “Federal Acquisition Security Council Improvement Act of 2024.”
2. Changes with respect to the Federal Acquisition Security Council Read Opens in new tab
Summary AI
The section outlines changes to the Federal Acquisition Security Council, including new definitions for various orders, updates to the Council's membership and responsibilities, and procedures for managing security risks in federal acquisitions. It emphasizes coordination among agencies, with a focus on national security, and introduces a new Program Office within the Office of the National Cyber Director to support the Council's functions.
1329. Additional provisions Read Opens in new tab
Summary AI
The section instructs the Federal Acquisition Security Council to work with other government agencies to ensure they follow certain legal rules related to national defense and security. Additionally, it requires the Council to update its regulations within two years of this section's enactment.
3. Reallocating existing resources Read Opens in new tab
Summary AI
The section of the bill changes the wording in part of the National Defense Authorization Act for Fiscal Year 2023 by replacing "Office of Management and Budget" with "Office of the National Cyber Director." This change is made in two different places within the same paragraph.