in subsection (b)—
by amending paragraph (1) to read as follows:
consulting with and receiving a written recommendation from procurement and other relevant officials of the covered agency, including the chief acquisition officer of the agency (or comparable employee);
in paragraph (2)—
in subparagraph (A), by inserting , including the conclusions of the risk assessment upon which this determination was made after supply chain risk ; and
in subparagraph (B), by striking risk; and and inserting risk, including the facts and evidence upon which this determination was made, the options that were considered in making this determination, and why such options were not reasonably available to reduce supply chain risk; and ; and
by amending paragraph (3) to read as follows:
providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include—
a summary of the risk assessment that serves as the basis for the written determination required by paragraph (2); and
the written determination required by paragraph (2).
by redesignating subsection (d) as subsection (h);
by inserting after subsection (c) the following new subsections:
(d) Additional requirements before carrying out a covered procurement action
The head of a covered agency may carry out a covered procurement action affecting a domestic source or a non-FOCI entity only after—
notifying the domestic source or non-FOCI entity that a covered action is being considered;
providing the domestic source or non-FOCI entity, to the extent consistent with the national security and law enforcement interests, of information that forms the basis for the covered action, in accordance with paragraph (3);
allowing the domestic source or non-FOCI entity 30 days after receipt of the notice to submit information and argument to the head of the covered agency in response to such notification; and
submitting notice to the appropriate congressional committees that the covered procurement action is not being taken for any purpose described in paragraph (2).
The head of a covered agency may not directly or indirectly exclude a domestic source or non-FOCI entity as a source pursuant to subsection (a) for—
exercising, declining to waive, or declining to renegotiate any right under, or any term or condition of, a contract, subcontract, agreement, license, or other arrangement with a Federal agency; or
for declining to enter into such an arrangement on terms proposed by a Federal official.
In carrying out a covered procurement action affecting a domestic source or a non-FOCI entity under this section, the head of a covered agency may not withhold from the domestic source or non-FOCI entity an unclassified written summary of the determinations required under subparagraphs (A) and (B) of subsection (b)(2), stated in sufficient detail to notify the entity of the basis for the action and to permit a meaningful opportunity to respond. Specific facts or sources whose disclosure would harm national security or law enforcement interests may be withheld from the domestic source or non-FOCI entity, as applicable, and provided to the appropriate congressional committees under the procedures in subsection (g).
(e) Exception for imminent national security threat
The head of a covered agency may immediately carry out a covered procurement action affecting a non-FOCI entity without first providing the information required under subsection (b)(3) and notifications required under subsection (d)(1) if—
such head determines that an imminent national security threat requires immediate action; and
not later than three days after carrying out such covered procurement action, such head—
provides to the appropriate congressional committees—
the notice required under subsection (b)(3) and a written explanation of the imminent national security threat and the reasons such threat required carrying out such action before providing such notice; and
provides to the domestic source or non-FOCI entity the notifications and information required under subsection (d)(1).
(f) Classified annex procedures
If information required to be provided under subsections (b) or (c) includes classified information, the head of the covered agency may transmit such information in a classified annex.
A classified annex transmitted under paragraph (1)—
shall be provided to members of Congress and congressional staff in accordance with applicable security procedures; and
may include intelligence sources and methods, risk assessments, and other national security information necessary to support the determination.
To the greatest extent practicable, the agency shall provide an unclassified summary of the information contained in the classified annex.
in subsection (h), as so redesignated—
in paragraph (2), by adding at the end the following:
The termination of an existing contract, subcontract, agreement, or license for a covered system, in whole or in part, for the purpose of reducing supply chain risk.
by adding at the end the following:
(7) Domestic source
The term domestic source has the meaning in section 702 of the Defense Production Act of 1950 ( 50 U.S.C. 4552 ).
(8) Non-FOCI entity
The term non-FOCI entity means—
a domestic source; or
an entity that has not been identified to be operating under foreign ownership, control, or influence pursuant to a Defense Counterintelligence and Security Agency review of such entity.