Sec. 838. Assessment of critical infrastructure owned by the Department of Defense dependent on foreign materials or components
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Not later than January 1, 2027, the Secretary of Defense shall— list all critical infrastructure that relies on materials or components the origin of which is a foreign entity of concern; and acting through the Assistant Secretary of Defense for Industrial Base Policy, conduct a risk assessment of the materials or components included in the list under paragraph (1). In conducting the risk assessment under subsection (a)(2), the Assistant Secretary of Defense for Industrial Base Policy coordinate with the head of the Mission Assurance Office of the Office of the Under Secretary of Defense for Policy.
The Secretary of Defense shall ensure sufficient time and resources are provided for the hiring and training of personnel to conduct the risk assessment required subsection (a)(2) analysis before the submission of the first briefing required under subsection (e). The risk assessment required by subsection
(a)shall include— an evaluation of the dependence of high-risk critical infrastructure on materials or components the origin of which is a foreign entity of concern; an evaluation of vulnerability to supply chain disruption during a national emergency to high-risk critical infrastructure, including industrial control systems; an assessment of the resilience and capacity of high-risk critical infrastructure to support mission-critical operations and readiness during a national emergency; an identification of the location of design, manufacturing, and packaging facilities for materials or components described in subsection (a)(2); and an assessment of the manufacturing capacity of the United States to replace materials or components described in subsection (a)(2), including— gaps in domestic manufacturing capabilities, including nonexistent, extinct, threatened, and single point-of-failure capabilities; supply chains with single points of failure and limited resiliency; and economic factors, including global competition, that threaten the viability of domestic manufacturers. The Secretary may initially limit risk assessment required by subsection
(a)to a subset of the most critical assets identified by the head of the Mission Assurance Office, such as those assets determined to be essential to a contingency in the Indo-Pacific area of responsibility, to ensure a focused analysis. Not later than 180 days after date of completion of the risk assessment required by subsection (a), and annually thereafter until the date that is five years after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a classified briefing that includes— findings on the traceability and provenance of materials or components described in subsection (a)(2); strategies to strengthen the resilience and readiness of critical infrastructure; and recommendations for critical infrastructure supply chain resilience and manufacturing activities, including— modifications to procurement policies to reduce reliance on high-risk supply chains; and other matters the Secretary determines appropriate, including success stories or case studies of Departmental actions to mitigate foreign entity of concern-related risks. In this section: The term critical infrastructure means any system or asset owned by the Department of Defense so vital to the United States that the degradation or destruction of such system or asset would have a debilitating impact on national security, including economic security and public health or safety. The term foreign entity of concern means— the People’s Republic of China; the Democratic People’s Republic of Korea; the Russian Federation; the Islamic Republic of Iran; and any other entity determined by the Secretary of Defense to present material risk to the national security interests of the United States.