(a) Prohibition
The Secretary of Defense may not procure or obtain optical fiber and optical fiber cable produced, manufactured, or assembled by an entity that is owned by, controlled by, or subject to the jurisdiction or direction of the People’s Republic of China for use in Department of Defense information networks or communications systems.
(b) Covered optical fiber defined
In this section, the term covered optical fiber means single-mode or multi-mode optical fiber and optical fiber cable.
(c) Waiver authority
(1) In general
The Secretary of Defense may waive the prohibition under subsection (a) on a case-by-case basis if the Secretary determines that—
the waiver is necessary for the national security interests of the United States; and
no practicable alternative exists from a source not described in subsection (a).
(2) Limitation
A waiver granted under this subsection shall be limited in time and in scope to the minimum extent necessary.
(3) Notice
Not later than 30 days after granting a waiver, the Secretary shall submit written notice to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives describing—
the justification for the waiver;
the duration and scope of the waiver; and
the plan to transition to compliant materials.
(d) Effective date
This section shall apply to contracts awarded on and after October 1 of the first fiscal year beginning after the date of the enactment of this Act.
(e) FASC recommendation
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Department of Defense official serving on the Federal Acquisition Security Council to formally recommend that the Council—
evaluate optical fiber and optical fiber cable (including fiber optic cable assemblies) sold, produced, or developed by any entity that constitutes a source of concern due to the relationship of the entity to the People’s Republic of China; and
determine, based on such evaluation, whether to issue a recommended order with respect to such source of concern, or any covered article sold, produced, or developed by such source of concern.
(f) Scope of evaluation
The recommendation under subsection (b) shall specifically request that the Federal Acquisition Security Council evaluation under paragraph (1) of such subsection consider, at a minimum—
whether an entity that produces or assembles optical fiber and optical fiber cable in the People’s Republic of China would meet the definition of source of concern; and
potential vectors for intelligence collection, disruption, or degradation of national security communications through optical fiber infrastructure procured from such an entity.
(g) Report
(1) In General
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
an assessment by the Secretary regarding national security risks posed by the procurement or use of optical fiber and optical fiber cable produced or assembled by an entity that is a source of concern based on such entity’s affiliation with the People’s Republic of China;
an assessment of the extent to which such optical fiber is present in, or procured for information networks or communications systems of the Department of Defense, or the networks of Department of Defense contractors and subcontractors;
an assessment of the availability of alternative sources of optical fiber from domestic suppliers or suppliers from a country that is not a foreign adversary;
an update on the status of the recommendation for evaluation made in accordance with subsection (b);
an update on any recommended order or designated order issued or under consideration by the Federal Acquisition Security Council with respect to optical fiber or optical fiber cable from any source of concern affiliated with the People’s Republic of China; and
any actions taken or recommended to be taken by the Secretary to mitigate risks identified under subparagraph (A), including any proposed amendments to the Department of Defense Supplement to the Federal Acquisition Regulation.
(2) Form
The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.
(h) Definitions
In this section, the terms covered article , designated order , Federal Acquisition Security Council , foreign adversary , recommended order , and source of concern have the meanings given, respectively, in section 1322 of title 41, United States Code (as amended by section 1804 of this Act) in that term in section 1321(3) of title 41, United States Code (as amended by section 1804 of this Act).