S.Amdt. 1954

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.
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