Sec. 1664. Security of nuclear command, control, and communications system from commercial dependencies
612 words·~3 min read·
/bill/115/hr/2810/pcs/section-1664·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds the following: At a hearing before the Committee on Armed Services of the House of Representatives on September 30, 2015, Deputy Secretary of Defense Robert Work, responding to a question about the use of Huawei telecommunications equipment, stated, In the Office of the Secretary of Defense, absolutely not. And I know of no other—I don’t believe we operate in the Pentagon, any [Huawei] systems in the Pentagon. . At such hearing, the Commander of the United States Cyber Command, Admiral Mike Rogers, responding to a question about why such Huawei telecommunications equipment is not used, stated, as we look at supply chain and we look at potential vulnerabilities within the system, that it is a risk we felt was unacceptable. .
At a hearing before the Committee on Armed Services of the House of Representatives on June 22, 2016, Acting Assistant Secretary of Defense for Homeland Defense and Global Security Thomas Atkin, stated, There are currently no Huawei or ZTE products on the DoD Unified Capabilities Approved Products List (APL). . Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the congressional defense committees whether the Secretary uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, to carry out— the nuclear deterrence mission of the Department of Defense, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of government; or the homeland defense mission of the Department, including with respect to ballistic missile defense.
Except as provided by paragraph (2), beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Defense may not procure or obtain, or extend or renew a contract to procure or obtain, any equipment, system, or service to carry out the missions described in paragraphs
(1)and
(2)of subsection
(b)that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Secretary may waive the prohibition in paragraph
(1)on a case-by-case basis for a single one-year period if the Secretary— determines such waiver to be in the national security interests of the United States; and certifies to the congressional committees that— there are sufficient mitigations in place to guarantee the ability of the Secretary to carry out the missions described in paragraphs
(1)and
(2)of subsection (b); and the Secretary is removing the use of covered telecommunications equipment or services in carrying out such missions. The Secretary may not delegate the authority to make a waiver under paragraph
(2)to any official other than the Deputy Secretary of Defense or the co-chairs of the Council on Oversight of the National Leadership Command, Control, and Communications System established by section 171a of title 10, United States Code. In this section: The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. The term covered foreign country means any of the following: The People’s Republic of China. The Russian Federation. The term covered telecommunications equipment or services means any of the following: Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Telecommunications services provided by such entities or using such equipment. Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.