Sec. 808. Additional requirements pertaining to printed circuit boards
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Not later than one year after the date of enactment of this Act, the Secretary of Defense shall require for new contracts or other acquisition activities that contractors, or subcontractors at any tier, that provide covered printed circuit boards for use by the Department of Defense certify that, of the total value of the covered printed circuit boards provided by the contractor or subcontractor pursuant to a contract or subcontract with the Department of Defense, not less than the percentages set forth in subsection
(b)were manufactured and assembled within a covered nation. In establishing the certification process under subsection (a), the Secretary shall establish and publish increasing percentages of values of the covered printed circuit boards under subsection
(a)to be complied with by appropriate contractors and subcontractors, based on— assessment of covered nation capacity to supply printed circuit boards, over time; assessment of threats to national security capabilities from use of printed circuit boards from non-covered nations; economic benefits accrued by non-covered nations which would otherwise be accrued by covered nations; achieving a goal of production of 100 percent of manufacture and assembly of printed circuit boards in covered nations within ten years; and other criteria as determined appropriate. The percentages established by the Secretary under this subsection shall, in any case, be equal to or greater than, unless specifically directed by the Secretary for an individual contract or subcontract— 25 percent by October 1, 2023; 50 percent by October 1, 2025; 75 percent by October 1, 2029; and 100 percent by October 1, 2032. If the Secretary of Defense directs that a specific contract or subcontract is required to comply with a different percentage than those prescribed under this subsection, the Secretary shall notify the congressional defense committees not later than 30 days after such direction is issued, along with a rationale for the changed percentage. In the event that a contractor or subcontractor is unable to complete the certification required under subsection (a), the Secretary may accept covered printed circuit boards from the contractor or subcontractor for an appropriate time period, not to exceed 18 months over a five-year period, while requiring the contractor to complete a remediation plan. Such a plan shall be submitted to the congressional defense committees and shall require the contractor or subcontractor to— audit its supply chain to identify any areas of security vulnerability and compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 119–92 ); and meet the requirements of subsection
(a)within in an expedited fashion after the initial missed certification deadline to address national security threats. A contractor may request that the Secretary of Defense waive the requirement for certification, and the Secretary may grant such a waiver, if the Secretary has conclusively determined that— there are no significant national security concerns regarding counterfeiting, quality, or unauthorized access created by any covered printed circuit boards provided to the Department of Defense by the contractor in the fiscal year under the certification requirement or the previous fiscal year; the contractor is otherwise in compliance with all relevant cybersecurity provisions relating to members of the defense industrial base, including section 244 of the National Defense Authorization Act for Fiscal Year 2020; and the waiver is required to support national security needs, particularly with respect to acquisitions of commercial items. Subsection
(a)shall not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that covered printed circuit boards of satisfactory quality and sufficient quantity, in the required form, cannot be procured as and when needed from covered nations at reasonable cost, excluding comparisons with non-market economies, or in time to meet an operational requirement. In this section— the term covered printed circuit board means any printed circuit board that is a— noncommercial item; or commercial or commercially available off-the-shelf item that transmits or stores national security sensitive information for— telecommunications; data communications; data storage; medical applications; networking; fifth-generation cellular communications; computing; radar; munitions; or any other system that the Secretary of Defense determines should be covered under this section; and the term covered nation means— the United States; a member nation of the national technology and industrial base under section 2500 of title 10, United States Code; or a nation that has agreed, in compliance with section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ) and section 2457 of title 10, United States Code— to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements; or along with the United States Government, to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country; or any country, other than the People's Republic of China, the Russian Federation, Iran, or the Democratic People's Republic of Korea, that the Secretary designates, upon a determination to be published in the Federal Register, that accepting covered printed circuit boards from which— is in the national security interests of the United States; and does not pose a significant risk to national security systems. Nothing in this section shall be construed to prohibit the Department of Defense from entering into a contract with an entity that connects to the facilities of a third party, for the purposes of backhaul, roaming, or interconnection arrangements, on the basis of the third party’s noncompliance with the provisions of this section.
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- Pub. L. 119-92
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Sec. 808
Additional requirements pertaining to printed circuit boards
Pub. L.Pub. L. 119-92
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