117th CONGRESS 1st Session |
To direct the Secretary of Defense to establish a framework relating to risks to the defense supply chain, and for other purposes.
December 7, 2021
Ms. Slotkin (for herself and Mr. Gallagher) introduced the following bill; which was referred to the Committee on Armed Services
To direct the Secretary of Defense to establish a framework relating to risks to the defense supply chain, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Defense supply chain risk assessment framework.
(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a framework, which may be included as part of a framework developed under section 2509 of title 10, United States Code, and pursuant to recommendations provided under section 5 of Executive Order 14017 (86 Fed. Reg. 11849, relating to America’s supply chains), to consolidate the information relating to risks to the defense supply chain that is collected by the elements of the Department of Defense to—
(1) enable Department-wide risk assessments of the defense supply chain; and
(2) support the development of strategies to mitigate risks to the defense supply chain.
(b) Framework requirements.—The framework established under subsection (a) shall—
(1) provide for the collection, management, and storage of data from the supply chain risk management processes of the Department of Defense;
(2) provide for the collection of reports on supply chain risk management from the military departments and Defense Agencies, and the dissemination of such reports to the components of the military departments and Defense Agencies involved in the management of supply chain risk;
(3) enable all elements of the Department to analyze the information collected by such framework to identify risks to the defense supply chain;
(A) assess the capabilities of foreign adversaries (as defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))) to affect the defense supply chain;
(B) analyze the ability of the industrial base of the United States to meet the needs of the defense supply chain;
(C) track global technology trends that could affect the defense supply chain, as determined by the Secretary of Defense; and
(D) assess the risks posed by emerging threats to the defense supply chain;
(5) support the identification of technology in which the Department may invest to reduce risks to the defense supply chain, including by improving the resilience of the defense supply; and
(A) a map of the supply chains for major end items that supports analysis, monitoring, and reporting with respect to high-risk subcontractors and risks to such supply chain; and
(B) the use of a covered application described in subsection (c) in the creation of such map to assess risks to the supply chain for major end items by business sector, vendor, program, part, or technology.
(c) Covered application described.—The covered application described in this subsection is a covered application that includes the following elements:
(1) A centralized database that consolidates multiple disparate data sources into a single repository to ensure the consistent availability of data.
(2) Centralized reporting to allow for efficient mitigation and remediation of identified supply chain vulnerabilities.
(3) Broad interoperability with other software and systems to ensure support for the analytical capabilities of users across the Department.
(4) Scalable technology to support multiple users, access controls for security, and functionality designed for information-sharing and collaboration.
(d) Guidance.—Not later than 180 days after the framework required under subsection (a) is established, and regularly thereafter, the Secretary of Defense shall issue guidance on mitigating risks to the defense supply chain.
(1) PROGRESS REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of establishing the framework as required under subsection (a).
(2) FINAL REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the framework established under subsection (a) and the organizational structure to manage and oversee the framework.
(f) Definitions.—In this section:
(1) COVERED APPLICATION.—The term “covered application” means a software-as-a-service application that uses decision science, commercial data, and machine learning techniques.
(2) DEFENSE AGENCY; MILITARY DEPARTMENT.—The terms “Defense Agency” and “military department” have the meanings given such terms in section 101 of title 10, United States Code.
(3) HIGH-RISK SUBCONTRACTORS.—The term “high-risk subcontractor” means a subcontractor at any tier that supplies major end items for the Department of Defense.
(4) MAJOR END ITEM.—The term “major end item” means an item subject to a unique item-level traceability requirement at any time in the life cycle of such item under Department of Defense Instruction 8320.04, titled “Item Unique Identification (IUID) Standards for Tangible Personal Property” and dated September 3, 2015, or any successor instruction.