On December 23, 2016, S.2943 National Defense Authorization Act for Fiscal Year 2017 was signed into law (Public Law No: 114-328). Section 815 revises requirements for the detection and avoidance of counterfeit electronic parts by eliminating the controversial phrase "trusted suppliers" and by replacing it with "suppliers that meet anticounterfeiting requirements".
Robert S. Metzger
Finally, on May 6, 2014 the Department of Defense published a "final rule" to implement Section 818 of the FY 2012 National Defense Authorization Act. This new rule, issued as part of the Defense Acquisition Regulations Supplement (DFARS), is available at 79 Fed. Reg. 26092. Even though it took DoD 2-1/2 years to produce the regulations, the new DFARS deal with only a part of Section 818. Other rulemaking efforts are still underway. They will address critical unresolved questions, such as how to qualify suppliers who are not OEMS or authorized distributors. A proposed rule published on June 10, 2014 would expand contractor obligations to report on nonconforming material. DoD officials also have announced that they are drafting rules that will reach even more companies in the federal supply chain, going beyond electronic parts to address counterfeit material and mechanical items.
It has been well established that fraudulent, suspect counterfeit and counterfeit parts have no value and pose a serious threat to all sectors of the supply chain. As such, these types of parts must be controlled, quarantined and ultimately eliminated. However, compliance is sometimes easier said than done despite instructions to do so coming directly from the United States Government and a leading standards development organization.