124 STAT. 4261 PUBLIC LAW 111–383—JAN. 7, 2011 (3) providing a classified or unclassified notice of the deter- mination made under paragraph (2) to the appropriate congres- sional committees, which notice shall include— (A) the information required by section 2304(f)(3) of title 10, United States Code; (B) the joint recommendation by the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense as specified in paragraph (1); (C) a summary of the risk assessment by the Under Secretary of Defense for Intelligence that serves as the basis for the joint recommendation specified in paragraph (1); and (D) a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk. (c) DELEGATION.—The head of a covered agency may not dele- gate the authority provided in subsection (a) or the responsibility to make a determination under subsection (b) to an official below the level of the service acquisition executive for the agency con- cerned. (d) LIMITATION ON DISCLOSURE.—If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information— (1) no action undertaken by the agency head under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court; and (2) the agency head shall— (A) notify appropriate parties of a covered procurement action and the basis for such action only to the extent necessary to effectuate the covered procurement action; (B) notify other Department of Defense components or other Federal agencies responsible for procurements that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the require- ments of national security; and (C) ensure the confidentiality of any such notifications. (e) DEFINITIONS.—In this section: (1) HEAD OF A COVERED AGENCY.—The term ‘‘head of a covered agency’’ means each of the following: (A) The Secretary of Defense. (B) The Secretary of the Army. (C) The Secretary of the Navy. (D) The Secretary of the Air Force. (2) COVERED PROCUREMENT ACTION.—The term ‘‘covered procurement action’’ means any of the following actions, if the action takes place in the course of conducting a covered procurement: (A) The exclusion of a source that fails to meet quali- fication standards established in accordance with the requirements of section 2319 of title 10, United States Code, for the purpose of reducing supply chain risk in the acquisition of covered systems. (B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor Notification.
