Sec. 1656. SECURITY OF NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM FROM COMMERCIAL DEPENDENCIES
505 words·~2 min read·
/statute-compilations/comps-13932/sec-1656A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1656 SECURITY OF NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM FROM COMMERCIAL DEPENDENCIES **[**[10 U.S.C. 491 note](/us/usc/t10/s491)**]** ###
(a)Certification 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— ####
(1)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 ####
(2)the homeland defense mission of the Department, including with respect to ballistic missile defense. ###
(b)Prohibition and Mitigation ####
(1)Prohibition 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
(a)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. ####
(2)Waiver The Secretary may waive the prohibition in paragraph
(1)on a case-by-case basis for a single one-year period if the Secretary— #####
(A)determines such waiver to be in the national security interests of the United States; and #####
(B)certifies to the congressional committees that— ######
(i)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 (a); and ######
(ii)the Secretary is removing the use of covered telecommunications equipment or services in carrying out such missions. ####
(3)Delegation 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. ###
(c)Definitions In this section: ####
(1)The term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code. ####
(2)The term “covered foreign country” means any of the following: #####
(A)The People’s Republic of China. #####
(B)The Russian Federation. ####
(3)The term “covered telecommunications equipment or services” means any of the following: #####
(A)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). #####
(B)Telecommunications services provided by such entities or using such equipment. #####
(C)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.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 1656
SECURITY OF NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM FROM COMMERCIAL DEPENDENCIES
Cites 1Cited by 0 across 0 sources