124 STAT. 4262 PUBLIC LAW 111–383—JAN. 7, 2011 providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order. (C) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a con- tractor for a covered system to exclude a particular source from consideration for a subcontract under the contract. (3) COVERED PROCUREMENT.—The term ‘‘covered procure- ment’’ means— (A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 2305(a)(1)(C)(ii) of title 10, United States Code, or an evaluation factor, as provided in section 2305(a)(2)(A) of such title, relating to supply chain risk; (B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 2304c(d)(3) of title 10, United States Code, where the task or delivery order contract concerned includes a contract clause estab- lishing a requirement relating to supply chain risk; or (C) any contract action involving a contract for a cov- ered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk. (4) SUPPLY CHAIN RISK.—The term ‘‘supply chain risk’’ means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or oper- ation of such system. (5) COVERED SYSTEM.—The term ‘‘covered system’’ means a national security system, as that term is defined in section 3542(b) of title 44, United States Code. (6) COVERED ITEM OF SUPPLY.—The term ‘‘covered item of supply’’ means an item of information technology (as that term is defined in section 11101 of title 40, United States Code) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system. (7) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means— (A) in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and (B) in the case of a covered system not otherwise included in subparagraph (A), the congressional defense committees. (f) EFFECTIVE DATE.—The requirements of this section shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply to— (1) contracts that are awarded on or after such date; and Applicability.
