[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3326 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3326
To modify Department of Defense printed circuit board acquisition
restrictions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2021
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To modify Department of Defense printed circuit board acquisition
restrictions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Protections Against
Chinese Printed Circuit Boards Act''.
SEC. 2. MODIFICATIONS TO PRINTED CIRCUIT BOARD ACQUISITION
RESTRICTIONS.
(a) In General.--Section 2533d of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``January 1,
2023'' and inserting ``the date determined under
paragraph (3)''; and
(B) by adding at the end the following new
paragraph:
``(3) Paragraph (1) shall take effect on January 1,
2027.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``specified type of'' after
``means any'';
(ii) in subparagraph (A), by striking ``(as
such terms are defined under sections 103 and
103a of title 41, respectively)''; and
(iii) by amending subparagraph (B) to read
as follows:
``(B) is a component of--
``(i) a defense security system; or
``(ii) a system, other than a defense
security system, that transmits or stores
information and which the Secretary identifies
as national security sensitive in the contract
under which such printed circuit board is
acquired.''; and
(B) by adding at the end the following new
paragraphs:
``(3) Commercial product; commercial service; commercially
available off-the-shelf item.--The terms `commercial product',
`commercial service', and `commercially available off-the-shelf
item' have the meanings given such terms in sections 103, 103a,
and 104 of title 41, respectively.
``(4) Defense security system.--
``(A) The term `defense security system' means an
information system (including a telecommunications
system) used or operated by the Department of Defense,
by a contractor of the Department, or by another
organization on behalf of the Department, the function,
operation, or use of which--
``(i) involves command and control of an
armed force;
``(ii) involves equipment that is an
integral part of a weapon or weapon system; or
``(iii) subject to subparagraph (B), is
critical to the direct fulfillment of military
missions.
``(B) Subparagraph (A)(iii) does not include a
system that is to be used for routine administrative
and business applications (including payroll, finance,
logistics, and personnel management applications).
``(5) Specified type.--The term `specified type' means a
printed circuit board that is--
``(A) a component of an electronic device that
facilitates the routing, connecting, transmitting or
securing of data and is commonly connected to a
network; and
``(B) any other end item, good, or product
specified by the Secretary in accordance with
subsection (d)(2).''; and
(3) by amending subsection (d) to read as follows:
``(d) Rulemaking.--
``(1) The Secretary may issue rules providing that
subsection (a) may not apply with respect to an acquisition of
commercial products, commercial services, and commercially
available off-the-shelf items if--
``(A) the contractor is capable of meeting minimum
requirements that the Secretary deems necessary to
provide for the security of national security networks
and weapon systems, including, at a minimum, compliance
with section 224 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
2302 note); and
``(B) either--
``(i) the Government and the contractor
have agreed to a contract requiring the
contractor to take certain actions to ensure
the integrity and security of the item,
including protecting the item from unauthorized
access, use, disclosure, disruption,
modification, or destruction; or
``(ii) the Secretary has determined that
the contractor has adopted such procedures,
tools, and methods for identifying the sources
of components of such item, based on commercial
best practices, that meet or exceed the
applicable trusted supply chain and operational
security standards of the Department of
Defense.
``(2) The Secretary may issue rules specifying end items,
goods, and products for which a printed circuit board that is a
component thereof shall be a `specified type' if the Secretary
has promulgated final regulations, after an opportunity for
notice and comment that is not less than 12 months,
implementing this section.
``(3) In carrying out this section, the Secretary shall, to
the maximum extent practicable, avoid imposing contractual
certification requirements with respect to the acquisition of
commercial products, commercial services, or commercially
available off-the-shelf items.''.
(b) Modification of Independent Assessment of Printed Circuit
Boards.--Section 841(d) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in paragraph (1)--
(A) by striking ``the date of enactment of this
Act'' and inserting ``the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2022'';
(B) by striking ``shall seek to enter'' and
inserting ``shall enter'';
(C) by striking ``to include printed circuit boards
in commercial products or services, or in'' and
inserting ``to printed circuit boards in other
commercial or''; and
(D) by striking ``the scope of mission critical''
and all that follows through the period at the end and
inserting ``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) in the heading for paragraph (2), by striking
``department of defense'' and inserting ``Department of
defense'';
(3) in paragraph (2), by striking ``one year after entering
into the contract described in paragraph (1)'' and inserting
``January 1, 2023'';
(4) in the heading for paragraph (3), by striking
``congress'' and inserting ``Congress''; and
(5) in paragraph (3), by inserting after ``the
recommendations of the report.'' the following: ``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.''.
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