S.Amdt. 6392

SA 6392, submitted by Mr. Peters, aims to replace section 812 of bill S. 4784. Its purpose is to establish specific rules and requirements for how the heads of covered agencies handle information and take actions related to supply chain risk.

The amendment changes the bill by adding the following requirements:

• Authority and Restrictions: It allows the head of a covered agency to carry out procurement actions and limit the disclosure of information to protect national security. However, this can only happen after consulting relevant officials, making a written determination that the action is necessary, and receiving a review from the Department of Defense Inspector General.

• Accountability to Congress: The agency must provide notice of these determinations to the appropriate congressional committees. If a detailed notification is not received by these committees within 5 days, the determination has no effect.

• Protections for Suppliers: It prevents the agency from excluding domestic sources or non-FOCI entities for reasons like exercising contract rights or declining proposed terms. It also requires that domestic sources or non-FOCI entities be notified and given 30 days to respond before a covered action is taken against them.

• Purpose and Oversight: The authority must be used only to protect critical defense systems from adversary exploitation and not for punishment, coercion, or retaliation. Additionally, these actions remain subject to judicial review under the Administrative Procedure Act.