Sec. 841. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT BOARDS
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## SEC. 841 ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT BOARDS ###
(a)In General Chapter 148 of title 10, United States Code, is amended by inserting after section 2533c the following section: > > ## “SEC. 2533d Additional requirements pertaining to printed circuit boards > > **[**[10 U.S.C. 2533d](/us/usc/t10/s2533d)**]** > > > ### “(a) In General > > > #### “(1) > > Beginning on January 1, 2023, the Secretary of Defense may not acquire a covered printed circuit board from a covered nation. > > > #### “(2) > > Paragraph
(1)shall not apply with respect to any acquisition of supplies or services below the micro-purchase threshold under section 2338 of this title. > > > ### “(b) Waiver > > > #### “(1) > > The Secretary may waive the prohibition under subsection
(a)if the Secretary determines in writing that— > > > ##### “(A) > > there are no significant national security concerns regarding counterfeiting, quality, or unauthorized access created by such waiver; > > > ##### “(B) > > the waiver is required to support national security; and > > > ##### “(C) > > a covered printed circuit board of satisfactory quality and sufficient quantity, in the required form, cannot be procured as and when needed from nations other than a covered nation at reasonable cost, excluding comparisons with non-market economies. > > > #### “(2) > > Not later than 10 days after the Secretary provides a waiver under paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notice setting forth the reasoning for the waiver, together with a copy of the waiver itself. > > > ### “(c) Definitions > > In this section: > > > #### “(1) Covered nation > > The term ‘covered nation’ means— > > > ##### “(A) > > the Democratic People’s Republic of North Korea; > > > ##### “(B) > > the People’s Republic of China; > > > ##### “(C) > > the Russian Federation; and > > > ##### “(D) > > the Islamic Republic of Iran. > > > #### “(2) Covered printed circuit board > > The term ‘covered printed circuit board’ means any partially manufactured or complete bare printed circuit board or fully or partially assembled printed circuit board that— > > > ##### “(A) > > performs a mission critical function in any product or service that is not a commercial product or commercial service (as such terms are defined under sections 103 and 103a of title 41, respectively); or > > > ##### “(B) > > the Secretary designates as a covered printed circuit board, after reasonable notice, based on a determination that the designation is required to support national security. > > > #### “(3) Secretary > > The term ‘Secretary’ means the Secretary of Defense. > > > ### “(d) Rulemaking > > Not later than May 1, 2022, the Secretary shall promulgate regulations, after an opportunity for notice and comment, implementing this section. > > > ### “(e) Applicability > > This section shall apply only with respect to contracts entered into after the issuance of a final rule implementing this section. > > > ### “(f) Rule of Construction > > 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 noncompliance by the third party with the provisions of this section or use of equipment or services that do not route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.” > . ###
(b)Clerical Amendment **[**[10 U.S.C. 2531](/us/usc/t10/s2531)**]** The table of sections for subchapter V of chapter 148 of title 10, United States Code, is amended by inserting after the item relating to section 2533c the following:" “2533d. Additional requirements pertaining to printed circuit boards.” ". ###
(c)Trusted Supply **[**[10 U.S.C. 2533d note](/us/usc/t10/s2533d)**]** The Secretary of Defense shall apply the requirements of section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2302 note) to the acquisition of covered printed circuit boards (as such term is defined under section 2533d(c) of title 10, United States Code, as added by this section). ###
(d)Independent Assessment ####
(1)In general Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center under which the center will conduct an assessment of the benefits and risks of expanding the prohibition in section 2533d(a) and the definitions in section 2533d(c) of title 10, United States Code, each as added by this section, to include printed circuit boards in other commercial or commercially available off-the-shelf products or services. The assessment shall also include analysis and recommendations regarding types of systems, other than defense security systems (as defined in section 2533d(c) of title 10, United States Code), that should be subject to the prohibition in section 2533d(a) of title 10, United States Code. ####
(2)Submission to Department of defense4 Not later than January 1, 2023, the federally funded research and development center that conducts the assessment described in such paragraph shall submit to the Secretary of Defense a report on the results of the assessment. 4Casing so in law. See amendments made in section 851(b)(2) and
(4)of division A of Public Law 117-81 ####
(3)Submission to Congress4 Not later than 90 days after the date on which the Secretary of Defense receives the report described in paragraph (2), the Secretary shall submit to the congressional defense committees an unaltered copy of the report, together with any comments the Secretary may have with respect to the report, as well as a summary of the recommendations of the report. The Secretary shall use the report to determine whether any systems, other than defense security systems (as defined in section 2533d(c) of title 10, United States Code), or other types of printed circuit boards should be subject to the prohibition in section 2533d(a) of title 10, United States Code. The comments of the Secretary, if any, and the summary of recommendations shall be in an unclassified form, but the submission may include a classified annex.
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Sec. 841
ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT BOARDS
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