Sec. 231. STRATEGY FOR ASSURED ACCESS TO TRUSTED MICROELECTRONICS
1,113 words·~5 min read·
/statute-compilations/comps-13740/sec-231A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 231 STRATEGY FOR ASSURED ACCESS TO TRUSTED MICROELECTRONICS **[**[10 U.S.C. 2302 note](/us/usc/t10/s2302)**]** ###
(a)Strategy The Secretary of Defense shall, in collaboration with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary for Research and Engineering, and the Director of the Defense Advanced Research Projects Agency, develop a strategy to ensure that the Department of Defense has assured access to trusted microelectronics by not later than June 1, 2021. ###
(b)Elements The strategy under subsection
(a)shall include the following: ####
(1)Definitions of the various levels of trust required by classes of Department of Defense systems. ####
(2)Means of classifying systems of the Department of Defense based on the level of trust such systems are required to maintain with respect to microelectronics. ####
(3)Means by which trust in microelectronics can be assured. ####
(4)Means to increase the supplier base for assured microelectronics to ensure multiple supply pathways. ####
(5)An assessment of the microelectronics needs of the Department of Defense in future years, including the need for trusted, radiation-hardened microelectronics. ####
(6)An assessment of the microelectronic needs of the Department of Defense that may not be fulfilled by entities outside the Department of Defense. ####
(7)The resources required to assure access to trusted microelectronics, including infrastructure, workforce, and investments in science and technology. ####
(8)A research and development strategy to ensure that the Department of Defense can, to the maximum extent practicable, use state of the art commercial microelectronics capabilities or their equivalent, while satisfying the needs for trust. ####
(9)Recommendations for changes in authorities, regulations, and practices, including acquisition policies, financial management, public-private partnership policies, or in any other relevant areas, that would support the achievement of the goals of the strategy. ####
(10)An approach to ensuring the continuing production of cutting-edge microelectronics for national security needs, including access to state-of-the-art node sizes through commercial manufacturing, heterogeneous integration, advantaged sensor manufacturing, boutique chip designs, and variable volume production capabilities. ####
(11)An assessment of current microelectronics supply chain management best practices, including— #####
(A)intellectual property controls; #####
(B)international standards; #####
(C)guidelines of the National Institute of Standards and Technology; #####
(D)product traceability and provenance; and #####
(E)location of design, manufacturing, and packaging facilities. ####
(12)An assessment of existing risks to the current microelectronics supply chain. ####
(13)A description of actions that may be carried out by the defense industrial base to implement best practices described in paragraph
(11)and mitigate risks described in paragraph (12). ####
(14)A plan for increasing commercialization of intellectual property developed by the Department of Defense for commercial microelectronics research and development. ####
(15)An assessment of the feasibility, usefulness, efficacy, and cost of— #####
(A)developing a national laboratory exclusively focused on the research and development of microelectronics to serve as a center for Federal Government expertise in high-performing, trusted microelectronics and as a hub for Federal Government research into breakthrough microelectronics-related technologies; and #####
(B)incorporating into such national laboratory a commercial incubator to provide early-stage microelectronics startups, which face difficulties scaling due to the high costs of microelectronics design and fabrication, with access to funding resources, fabrication facilities, design tools, and shared intellectual property. ####
(16)The development of multiple models of public-private partnerships to execute the strategy, including in-depth analysis of establishing a semiconductor manufacturing corporation to leverage private sector technical, managerial, and investment expertise, and private capital, that would have the authority and funds to provide grants or approve investment tax credits, or both, to implement the strategy. ####
(17)Processes and criteria for competitive selection of commercial companies, including companies headquartered in countries that are allies or partners with the United States, to provide design, foundry and assembly, and packaging services and to build and operate the industrial capabilities associated with such services. ####
(18)The role that other Federal agencies should play in organizing and supporting the strategy, including any required direct or indirect funding support, or legislative and regulatory actions, including restricting procurement to domestic sources, and providing antitrust and export control relief. ####
(19)All potential funding sources and mechanisms for initial and sustaining investments in microelectronics. ####
(20)Such other matters as the Secretary of Defense determines to be relevant. ###
(c)Submission and Updates ####
(1)Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the strategy developed under subsection (a). The strategy shall be submitted in unclassified form, but may include a classified annex. ####
(2)Not later than two years after submitting the strategy under paragraph
(1)and not less frequently than once every two years thereafter until September 30, 2024, the Secretary shall update the strategy as the Secretary considers appropriate to support Department of Defense missions. ###
(d)Directive Required Not later than June 1, 2021, the Secretary of Defense shall issue a directive for the Department of Defense describing how Department of Defense entities may access assured and trusted microelectronics supply chains for Department of Defense systems. ###
(e)Report and Certification Not later than June 1, 2021, the Secretary of the Defense shall submit to the congressional defense committees— ####
(1)a report on— #####
(A)the status of the implementation of the strategy developed under subsection (a); #####
(B)the actions being taken to achieve full implementation of such strategy, and a timeline for such implementation; and #####
(C)the status of the implementation of the directive required by subsection (d); and ####
(2)a certification of whether the Department of Defense has an assured means for accessing a sufficient supply of trusted microelectronics, as required by the strategy developed under subsection (a). ###
(f)Submission Not later than June 1, 2021, the Secretary of Defense shall submit the strategy required in subsection (a), along with any views and recommendations and an estimated budget to implement the strategy, to the President, the National Security Council, and the National Economic Council. ###
(g)Definitions In this section: ####
(1)The term “assured” refers, with respect to microelectronics, to the ability of the Department of Defense to guarantee availability of microelectronics parts at the necessary volumes and with the performance characteristics required to meet the needs of the Department of Defense. ####
(2)The terms “trust” and “trusted” refer, with respect to microelectronics, to the ability of the Department of Defense to have confidence that the microelectronics function as intended and are free of exploitable vulnerabilities, either intentionally or unintentionally designed or inserted as part of the system at any time during its life cycle.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 231
STRATEGY FOR ASSURED ACCESS TO TRUSTED MICROELECTRONICS
Cites 1Cited by 0 across 0 sources