Federal Acquisition Security Council Improvement Act of 2024

Floor Speech

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Mr. COMER. Mr. Speaker, I thank the gentleman from Louisiana for yielding.

Our foreign adversaries have been using information technology and telecommunications equipment to infiltrate and exploit the systems of Federal agencies.

Congress has worked to address this threat by passing numerous bills to prohibit Federal agencies from purchasing or using technology from sources of concern.

This includes legislation to prohibit Federal agencies from using telecommunications and video surveillance equipment provided by certain Chinese companies, legislation to prohibit Federal agencies from procuring electronic products or services that include semiconductors produced by certain Chinese companies, and legislation to prohibit Federal agencies from buying or using drones manufactured or assembled by certain Chinese companies.

In addition to these outright prohibitions, Congress has already previously established the Federal Acquisition Security Council, or the FASC.

The FASC has the authority to recommend that agencies exclude certain sources from Federal procurement processes or remove certain technologies from Federal information systems. However, Congress must have a more active role in directing the FASC to consider the exclusion and removal of certain sources of concern from Federal systems.

This bill, the FASC Improvement Act, authorizes the FASC to issue binding removal and exclusion orders when directed by Congress. Such new binding removal and exclusion orders would complement the existing authorities of the FASC to issue recommendations.

However, this new authority provides Congress a streamlined and standardized process for prohibiting Federal agencies from buying or using a source of concern in the future. To carry out this responsibility, the FASC needs to have adequate support and be appropriately resourced.

H.R. 9597 provides this support by strengthening the governing structure of the FASC by moving it into the executive office of the President and elevating the FASC's agency membership requirements.

This bill expands the FASC's focus to include acquisition security more broadly, beyond its current narrower focus on supply chain risks, and requires the FASC to proactively monitor and evaluate certain sources for ongoing risks. This bill also reallocates currently authorized appropriations to establish a FASC program within the Office of the National Cyber Director.

This FASC program is authorized to provide the FASC critical operational, legal, and policy support it needs to draft and issue removal and exclusion orders, such support it currently lacks.

Importantly, this bill incorporates best practices from the recent government-wide procurement prohibitions, including necessary due process considerations, national security exemptions, case-by-case waiver processes, and second-order prohibitions.

In other words, the FASC Improvement Act consolidates the past 6 years of congressional legislation addressing national security procurement risks by reforming established processes and expanding authorities.

We need to ensure the executive branch can promptly act to protect the Federal supply chain and agency information systems from nefarious technology influenced by a foreign adversary.

This bill will help prevent American taxpayer dollars from supporting companies owned or controlled by foreign enemies and hostile actors.

This bipartisan bill provides the FASC with the teeth and resources it needs to protect the Federal supply chain.

I thank my colleagues, Oversight Committee Ranking Member Jamie Raskin, as well as the leadership of the Select Committee on China, Chairman Moolenaar and Representative Krishnamoorthi, for partnering with me on this legislation.

Mr. Speaker, I encourage my colleagues to support this important national security bill.

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