Sec. 853. Revised authorities to defeat adversary efforts to compromise United States defense capabilities
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Congress finds that to comprehensively address the supply chain vulnerabilities of the Department of Defense, defense contractors must be incentivized to prioritize security in a manner which exceeds basic compliance with mitigation practices relating to cybersecurity risk and supply chain security standards. Defense contractors can no longer pass unknown risks on to the Department of Defense but should be provided with the tools to meet the needs of the Department with respect to cybersecurity risk and supply chain security.
Incentives for defense contractors will help stimulate efforts within the defense industrial base to minimize vulnerabilities in hardware, software, and supply chain services. The Department of Defense must develop policies and regulations that move security from a cost that defense contractors seek to minimize to a key consideration in the award of contracts, equal in importance to cost, schedule, and performance. The Department of Defense must also develop policies to assist small- and medium-sized manufacturers that provide goods or services in the supply chain for the Department to adopt robust cybersecurity standards.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall the revise the statement of purpose in the Defense Federal Acquisition Regulation Supplement added by section 801(3) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1449; U.S.C. 2302 note) to include the security of goods acquired by the Department of Defense as one of the primary objectives of Department of Defense acquisition. The Secretary shall revise applicable Department of Defense Instructions, regulations, and directives to implement the inclusion of security as a primary purpose of Department of Defense acquisition.
The Secretary shall submit to the congressional defense committees— not later than 60 days before issuing the revisions described in paragraph (1), the proposed revisions; and not later than 180 days after the date of the enactment of this Act, recommendations for legislative action to implement the revisions described in this subsection. The Secretary of Defense shall consult with the Director of the Hollings Manufacturing Extension Partnership (established under section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k )) to provide education, guidance, and technical assistance to strengthen the cybersecurity of small- and medium-sized manufacturers that provide goods or services in the supply chain for the Department of Defense.
Before making a milestone decision with respect to a major defense acquisition program (as defined under section 2430 of title 10, United States Code), a major automated information system, or major system (as defined under section 2302d of title 10, United States Code), the vice chief of the Armed Force concerned shall issue a written assessment to the Vice Chief of the Joint Chiefs of Staff and the head of the Defense Acquisition Board stating the determination made by the vice chief of the armed force concerned of the risk to the supply chain associated with the procurement.
Such assessment shall include— a description of actions taken to mitigate potential vulnerabilities associated with the procurement; and a certification from the Secretary of the military department concerned or the Vice Chief of the Joint Chief of Staff (as appropriate) that the procurement will not interfere with the operations of the military department conducting the procurement. Upon request, the vice chief of the Armed Force concerned shall make available to the congressional defense committees a certification required under paragraph (1), along with the data on which such certification is based, not later than 15 days after the submission of a request.
The Under Secretary of Defense for Intelligence, the Vice Chairman of the Joint Chiefs of Staff, the Vice Chief of Staff of the Army, the Vice Chief of Naval Operations, the Vice Chief of Staff of the Air Force, and the Assistant Commandant of the Marine Corps shall each have the authority to submit to the Secretary of Defense a written statement of dispute relating to a decision made by the Defense Acquisition Board with respect to an acquisition. A dispute submitted under this subsection shall include any reason why the decision fails to effectively address concerns regarding the item to be acquired.
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- 131 Stat. 1449
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Sec. 853
Revised authorities to defeat adversary efforts to compromise United States defense capabilities
Stat.131 Stat. 1449
Cites 3Cited by 0 across 0 sources