,,ii #aagth ,,congress #ast ,session ,s4 #ccbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #g1 #bjba ,mr4 ,hawley introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to modify ,department of ,defense printed circuit board acquisition restrictions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthening ,protections ,against ,chinese ,printed ,circuit ,boards ,act4 #b4 ,modifications to printed circuit board acquisition restrictions 7a7 ,in general ,section #becc;d of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking ,january #a1 #bjbc and inserting the date determined under paragraph 7#c72 and 7,b7 by adding at the end the following new paragraph3 7#c7 ,paragraph 7#a7 shall take effect on ,january #a1 #bjbg4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting specified type of after means any2 7ii7 in subparagraph 7,a71 by striking 7as such terms are defined under sections #ajc and #ajc;a of title #da1 respectively72 and 7iii7 by amending subparagraph 7,b7 to read as follows3 7,b7 is a component of-- 7i7 a defense security system2 or 7ii7 a system1 other than a defense security system1 that transmits or stores information and which the ,secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired4 2 and 7,b7 by adding at the end the following new paragraphs3 7#c7 ,commercial product2 commercial service2 commercially available off-the-shelf item ,the terms commercial product1 commercial service1 and commercially available off-the-shelf item have the meanings given such terms in sections #ajc1 #ajc;a1 and #ajd of title #da1 respectively4 7#d7 ,defense security system 7,a7 ,the term defense security system means an information system 7including a telecommunications system7 used or operated by the ,department of ,defense1 by a contractor of the ,department1 or by another organization on behalf of the ,department1 the function1 operation1 or use of which-- 7i7 involves command and control of an armed force2 7ii7 involves equipment that is an integral part of a weapon or weapon system2 or 7iii7 subject to subparagraph 7,b71 is critical to the direct fulfillment of military missions4 7,b7 ,subparagraph 7,a77iii7 does not include a system that is to be used for routine administrative and business applications 7including payroll1 finance1 logistics1 and personnel management applications74 7#e7 ,specified type ,the term specified type means a printed circuit board that is-- 7,a7 a component of an electronic device that facilitates the routing1 connecting1 transmitting or securing of data and is commonly connected to a network2 and 7,b7 any other end item1 good1 or product specified by the ,secretary in accordance with subsection 7d77#b74 2 and 7#c7 by amending subsection 7d7 to read as follows3 7d7 ,rulemaking 7#a7 ,the ,secretary may issue rules providing that subsection 7a7 may not apply with respect to an acquisition of commercial products1 commercial services1 and commercially available off-the-shelf items if-- 7,a7 the contractor is capable of meeting minimum requirements that the ,secretary deems necessary to provide for the security of national security networks and weapon systems1 including1 at a minimum1 compliance with section #bbd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib2 #aj ,u4,s4,c4 #bcjb note72 and 7,b7 either-- 7i7 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 item1 including protecting the item from unauthorized access1 use1 disclosure1 disruption1 modification1 or destruction2 or 7ii7 the ,secretary has determined that the contractor has adopted such procedures1 tools1 and methods for identifying the sources of components of such item1 based on commercial best practices1 that meet or exceed the applicable trusted supply chain and operational security standards of the ,department of ,defense4 7#b7 ,the ,secretary may issue rules specifying end items1 goods1 and products for which a printed circuit board that is a component thereof shall be a specified type if the ,secretary has promulgated final regulations1 after an opportunity for notice and comment that is not less than #ab months1 implementing this section4 7#c7 ,in carrying out this section1 the ,secretary shall1 to the maximum extent practicable1 avoid imposing contractual certification requirements with respect to the acquisition of commercial products1 commercial services1 or commercially available off-the-shelf items4 4 7b7 ,modification of independent assessment of printed circuit boards ,section #hda7;d7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 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 #bjbb2 7,b7 by striking shall seek to enter and inserting shall enter2 7,c7 by striking to include printed circuit boards in commercial products or services1 or in and inserting to printed circuit boards in other commercial or2 and 7,d7 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 7as defined in section #becc;d7c7 of title #aj1 ,united ,states ,code7 that should be subject to the prohibition in section #becc;d7a7 of title #aj1 ,united ,states ,code42 7#b7 in the heading for paragraph 7#b71 by striking department of defense and inserting ,department of ,defense2 7#c7 in paragraph 7#b71 by striking one year after entering into the contract described in paragraph 7#a7 and inserting ,january #a1 #bjbc2 7#d7 in the heading for paragraph 7#c71 by striking congress and inserting ,congress2 and 7#e7 in paragraph 7#c71 by inserting after the recommendations of the report4 the following3 ,the ,secretary shall use the report to determine whether any systems 7other than defense security systems 7as defined in section #becc;d7c7 of title #aj1 ,united ,states ,code77 or other types of printed circuit boards should be subject to the prohibition in section #becc;d7a7 of title #aj1 ,united ,states ,code44