§ 4873. Additional requirements pertaining to printed circuit boards

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title VIII § 841(a) · 134 Stat. 3388

   Enacted · 10 U.S.C. § 4873

   Added Pub. L. 116–283, div. A, title VIII, § 841(a), Jan. 1, 2021, 134 Stat. 3762, § 2533d

   Source evidence

   Code source credit
   Added Pub. L. 116–283, div. A, title VIII, § 841(a), Jan. 1, 2021, 134 Stat. 3762, § 2533d

   Enacted provision · exact public law section
   (a) In General.— Chapter 148 of title 10, United States Code, is amended by inserting after section 2533c the following section: “§ 2533d. Additional requirements pertaining to printed circuit boards “(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.” .

   Effective date note
   Amendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

2. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 div. A title VIII § 851(a) · 135 Stat. 1541

   Changed · 10 U.S.C. § 4873

   Pub. L. 117–81 renumbered section 2533d of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 117–81 renumbered section 2533d of this title as this section.

   Enacted provision · exact public law section
   (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: “(4) 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. “(5) 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). “(6) 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.” .

   Effective date note
   Amendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

3. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 851(a)(1)(A) · 135 Stat. 1541

   Substituted · 10 U.S.C. § 4873(a)(1)

   Pub. L. 117–81, § 851(a)(1)(A), substituted “the date determined under paragraph (3)” for “January 1, 2023”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 117–81, § 851(a)(1)(A), substituted “the date determined under paragraph (3)” for “January 1, 2023”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “January 1, 2023” and inserting “the date determined under paragraph (3)”; and

   Effective date note
   Amendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

4. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 div. A title VIII § 851(a) · 135 Stat. 1541

   Substituted · 10 U.S.C. § 4873(a)(2)

   Pub. L. 117–81 substituted “section 3573” for “section 2338”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 117–81 substituted “section 3573” for “section 2338”.

   Enacted provision · exact public law section
   (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: “(4) 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. “(5) 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). “(6) 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.” .

   Effective date note
   Amendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

5. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 851(a)(1)(B) · 135 Stat. 1541

   Added · 10 U.S.C. § 4873(a)(3)

   Pub. L. 117–81, § 851(a)(1)(B), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 117–81, § 851(a)(1)(B), added par. (3).

   Enacted provision · exact public law section
   (B) by adding at the end the following new paragraph: “(3) Paragraph (1) shall take effect on January 1, 2027.” ;

   Effective date note
   Amendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

6. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 851(a)(2)(A)(i) · 135 Stat. 1541

   Inserted · 10 U.S.C. § 4873(c)(2)

   Pub. L. 117–81, § 851(a)(2)(A)(i), inserted “specified type of” after “means any” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 117–81, § 851(a)(2)(A)(i), inserted “specified type of” after “means any” in introductory provisions.

   Enacted provision · exact public law section
   (i) in the matter preceding subparagraph (A), by inserting “specified type of” after “means any”;

   Effective date note
   Amendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

7. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 851(a)(2)(A)(ii) · 135 Stat. 1541

   Struck · 10 U.S.C. § 4873(c)(2)(A)

   Pub. L. 117–81, § 851(a)(2)(A)(ii), struck out “(as such terms are defined under sections 103 and 103a of title 41, respectively)” after “commercial service”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(A). Pub. L. 117–81, § 851(a)(2)(A)(ii), struck out “(as such terms are defined under sections 103 and 103a of title 41, respectively)” after “commercial service”.

   Enacted provision · exact public law section
   (ii) in subparagraph (A), by striking “(as such terms are defined under sections 103 and 103a of title 41, respectively)”; and

   Effective date note
   Amendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

8. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 851(a)(2)(A)(iii) · 135 Stat. 1541

   Amended · 10 U.S.C. § 4873(c)(2)(B)

   Pub. L. 117–81, § 851(a)(2)(A)(iii), amended subpar. (b) generally. Prior to amendment, subpar. (B) read as follows: “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.”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. L. 117–81, § 851(a)(2)(A)(iii), amended subpar. (b) generally. Prior to amendment, subpar. (B) read as follows: “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.”

   Enacted provision · exact public law section
   (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

   Effective date note
   Amendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

9. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 851(a)(2)(B) · 135 Stat. 1541

   Added · 10 U.S.C. § 4873(c)(4)(6)

   Pub. L. 117–81, § 851(a)(2)(B), added pars. (4) to (6)

   Source evidence

   Code amendment note
   Subsec. (c)(4) to (6). Pub. L. 117–81, § 851(a)(2)(B), added pars. (4) to (6).

   Enacted provision · exact public law section
   (B) by adding at the end the following new paragraphs: “(4) 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. “(5) 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). “(6) 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

   Effective date note
   Amendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

10. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 851(a)(3) · 135 Stat. 1541

    Amended · 10 U.S.C. § 4873(d)

    Pub. L. 117–81, § 851(a)(3), amended subsec. (d) generally. Prior to amendment, text read as follows: “Not later than May 1, 2022, the Secretary shall promulgate regulations, after an opportunity for notice and comment, implementing this section.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–81, § 851(a)(3), amended subsec. (d) generally. Prior to amendment, text read as follows: “Not later than May 1, 2022, the Secretary shall promulgate regulations, after an opportunity for notice and comment, implementing this section.”

    Enacted provision · exact public law section
    (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.” .

    Effective date note
    Amendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

10 of 10 references resolved to an enrolled provision