[Congressional Record Volume 167, Number 90 (Monday, May 24, 2021)]
[Senate]
[Page S3367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1954. Mr. HAWLEY submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REQUIREMENT THAT CERTAIN PROVIDERS OF SYSTEMS TO 
                   DEPARTMENT OF DEFENSE DISCLOSE THE SOURCE OF 
                   PRINTED CIRCUIT BOARDS WHEN SOURCED FROM 
                   CERTAIN COUNTRIES.

       (a) Short Title.--This section may be cited as the 
     ``Protecting Our Defense Systems Act''.
       (b) Disclosure.--The Secretary of Defense shall require any 
     provider of a covered system to provide to the Department of 
     Defense, along with delivery of the covered system, a list of 
     the printed circuit boards in the covered system that 
     includes, for each printed circuit board, an attestation of 
     whether--
       (1) the printed circuit board was partially or fully 
     manufactured and assembled in a covered nation;
       (2) the printed circuit board was fully manufactured and 
     assembled outside of a covered nation; or
       (3) the provider cannot determine where the printed circuit 
     board was manufactured and assembled.
       (c) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     such regulations as are necessary to carry out this section.
       (d) Definitions.--In this section:
       (1) The term ``covered nation'' includes the following:
       (A) The People's Republic of China.
       (B) The Russian Federation.
       (C) The Democratic People's Republic of North Korea.
       (D) The Islamic Republic of Iran.
       (2) The term ``covered system'' means any item, including 
     commercial items and commercially available off-the-shelf 
     items, notwithstanding section 3452 of title 10, United 
     States Code, as redesignated by section 1821(a)(1) of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (Public Law 116-283), or sections 
     1906 and 1907 of title 41, United States Code, that--
       (A) has an electronic component;
       (B) is provided to the Department of Defense under a 
     contract that exceeds the simplified acquisition threshold; 
     and
       (C) transmits or stores information including--
       (i) telecommunications;
       (ii) data communications and storage, including servers, 
     switches, and networking systems, but excluding personal data 
     storage devices, personal computers, desktop computers, 
     tablets, and handheld equipment;
       (iii) information technology security systems; and
       (iv) any other system that the Secretary determines should 
     be covered.
       (3) The term ``manufactured and assembled'', with respect 
     to a printed circuit board, includes all actions from the 
     printing of the printed circuit board from raw materials to 
     the integration of the completed printed circuit board in an 
     end item or component of an end item.
                                 ______