Sec. 803. Prohibition on certain procurements of major defense acquisition programs

311 words·~1 min read·/bill/117/s/4543/rs/section-803

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The Secretary of Defense may not enter into, extend, or renew a contract to procure any major defense acquisition program that contains covered items. The Secretary of Defense shall include in any solicitation for contract proposals, extensions, or renewals a requirement for prime contractors to certify compliance with subsection

(a)based on the prime contractor’s performance of vendor verification of all suppliers or potential suppliers in all tiers of such prime contractor’s supply chain. The Secretary may, on a one-time basis, waive the requirements under subsection

(a)with respect to a prime contractor that requests such a waiver. The waiver may be provided, for a period of not more than five years after the effective date described in subsection (d), if the prime contractor seeking the waiver— provides a sufficient justification for the additional time to implement the requirements under such subsection, as determined by the Secretary; and submits to the Secretary, who shall not later than 30 days thereafter submit to the congressional defense committees, a full and complete laydown of the presence of covered items in the prime contractor’s supply chain and a phase-out plan to eliminate such covered items from the entity’s systems. Subsections (a), (b), and

(c)shall take effect one year after the date of the enactment of this Act. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to implement this section. In this section: The term covered foreign country means the People’s Republic of China. The term covered item means an item produced or provided by an entity— owned or controlled by the government of a covered foreign country; or where the place of performance is in a covered foreign country. The term major defense acquisition program has the meaning given the term in section 4201 of title 10, United States Code.