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Code · BILL · 118th Congress · H.R. 2670 (Reported in House) — To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and for militar... · Sec. 867

Sec. 867. Pilot program for analyzing and continuous monitoring of key supply chains

770 words·~4 min read·/bill/118/hr/2670/rh/section-867·

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Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in coordination with the Commander of the United States Indo-Pacific Command and the Secretary of each military department, shall establish a pilot program under which a private entity shall— monitor the supply chains for the covered weapons platforms; and analyze the supply chains of the defense industrial base for potential issues and vulnerabilities and opportunities for improvement.
The Under Secretary of Defense for Acquisition and Sustainment shall select a private entity to carry out the monitoring and analysis of supply chains under the pilot program established under subsection (a). The monitoring entity shall, using the information made available to the monitoring entity under subparagraph
(B)and such other information as may be available— continuously monitor the supply chains for covered weapons platforms, including each entity involved in such supply chain, for potential issues and vulnerabilities, including issues related to the security and capacity of any such supply chain, and opportunities for improvement; and regularly analyze the supply chains of the defense industrial base for potential issues and opportunities for improvement. The Department of Defense shall make available to the monitoring entity all information held by the Department or available to the Department from contractors providing goods or services to the Department relating to the supply chains of such contractors, except that the Department shall not make available such information as the Secretary of Defense determines appropriate. The Secretary of Defense shall require the monitoring entity to take such steps as are reasonably necessary to protect any confidential, proprietary, or sensitive information. The monitoring entity shall report to the Secretary concerned issues and vulnerabilities identified pursuant to monitoring under subparagraph (A)(i). The monitoring entity shall use a process to report issues and vulnerabilities identified pursuant to monitoring under subparagraph (A)(i) that involves manual validation of such issues and vulnerabilities and other activities designed to— prevent members of the acquisition workforce (as such term is defined in section 101(a) of title 10, United States Code) from becoming desensitized to such issues and vulnerabilities; and avoid providing an excessive or unmanageable number of alerts regarding such issues and vulnerabilities. Not less than 90 days after the establishment of the pilot program, and every 90 days thereafter, the monitoring entity shall submit to the Under Secretary of Defense for Acquisition and Sustainment a report on the issues, vulnerabilities, and opportunities identified by the monitoring entity pursuant under the pilot program, including— a list of the vulnerabilities of the supply chains for covered weapons platforms, categorized by severity; and for each vulnerability described in subparagraph (A), a description of such vulnerability, whether such vulnerability has been resolved, and, if resolved, the time from identification to resolution. Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees (as defined in section 101(a) of title 10, United States Code) a report containing— a list of the vulnerabilities of the supply chains for covered weapons platforms identified under the pilot program, categorized by severity; for each vulnerability described in subparagraph (A), a description of such vulnerability, whether such vulnerability has been resolved, and, if resolved, the time from identification to resolution; an assessment of any legal authorities that are needed to continuously monitor the supply chains for all major defense acquisition programs (as such term is defined in section 4201 of title 10, United States Code) in a manner similar to the monitoring of supply chains for covered weapons platforms under the pilot program; an assessment of the costs avoided by the identification of issues and vulnerabilities to supply chains under the pilot program prior such issues and vulnerabilities affecting the supply chains. The authority under this section shall terminate on the date that is one year after the date of the enactment of this Act. In this section: The term covered weapons platforms means weapons platforms identified in the reports submitted under section 1251(d)(1) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note). The term monitoring entity means the entity that is operating under an agreement with the Secretary of Defense to carry out the monitoring and analysis of supply chains under the pilot program pursuant to a selection under subsection (b)(1). The term pilot program means the pilot program established under subsection (a). The term Secretary concerned has the meaning given such term in section 101(a) of title 10, United States Code.
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Sec. 867
Pilot program for analyzing and continuous monitoring of key supply chains
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