[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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