Search Reported Parts

Search Companies

Search Member Inventories

Legislation

 



Legislation

The National Defense Authorization Act & The Senate Armed Services Committee Investigation

Introduction:

In 2011, ERAI reported a record 1,000 counterfeit incidents covering millions of parts. The growing threat of counterfeit electronic parts continues to plague the worlds Military, Aerospace, Defense and high tech electronics manufacturing communities prompting another significant "game changer".

In early 2011 US Senators Levin and McCain announced a Senate Armed Service Committee investigation into counterfeit electronic parts and the risks these parts pose to the Department of Defense supply chain. On November 8, 2011, the Committee held its first hearing in Washington, DC during which Senator Levin promised a swift response. Testimony during this hearing revealed the results from a congressional probe, which found at least 1,800 cases of counterfeit electronics in US weapons systems covering more than 1 million suspect parts. Approximately 70 percent were traced to Chinese firms. Panel members also testified that counterfeiting costs the semiconductor industry an estimated $7.5 billion a year in lost revenue and about 11,000 US jobs alone. On November 29, 2011, the US Senate unanimously approved an amendment to the National Defense Authorization Act for Fiscal Year 2012. The legislation is supported by the bipartisan Combating Military Counterfeits Act which will ensure that increased penalties will be imposed against individuals who know that the counterfeit product they sell is intended for use by the military or is identified as a military device. President Obama signed the Defense Bill on December 31, 2011. The veil has been fully lifted on counterfeit electronics across the globe.

May 6, 2014

Defense Federal Acquisition Regulation Supplement: Detection and Avoidance of Counterfeit Electronic Parts (DFARS Case 2012-D055) amended the DFARS in partial implementation of a section of the National Defense Authorization Act for Fiscal Year 2012 , and a section of the National Defense Authorization Act for Fiscal Year 2013, relating to the detection and avoidance of counterfeit electronic parts.



November 2013

Through Federal Acquisition Regulation, FAR Case 2013-002, Expanded Reporting of Nonconforming Supplies, DoD, GSA, and NASA propose to revise the Federal Acquisition Regulation to expand Government and contractor requirements for reporting of nonconforming goods in partial implementation of section 818 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112-81, enacted December 31, 2011). The rule is intended to reduce the risk of counterfeit items entering the supply chain.

https://www.federalregister.gov/regulations/9000-AM58/federal-acquisition-regulation-far-case-2013-002-expanded-reporting-of-nonconforming-supplies

July 8, 2013

H.R. 1960: “National Defense Authorization Act for Fiscal Year 2014”: An Act to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.



May 21, 2012

Senate Armed Services Report released: Inquiry Into Counterfeit Electronic Parts In The Department of Defense Supply Chain



http://www.erai.com/CustomUploads/ca/timeline/May_21_2012_Senate_Armed_Services_Report_released_DOD_Supply_Chain.pdf

February 21, 2012

Council of Defense and Space Industry Associations Input relative to the implementation of Section 818, Detection and Avoidance of Counterfeit Electronic Parts, National Defense Authorization Act (NDAA) for Fiscal Year 2012



January 3, 2012

H. R. 4310—214: Sec. 833. Contractor responsibilities in regulations relating to detection and avoidance of counterfeit electronic parts.



December 31, 2011

H.R. 1540: National Defense Authorization Act for Fiscal Year 2012 –SEC. 818. Detection And Avoidance of Counterfeit Electronic Parts



http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.1540:

November 15, 2011

S. 1867–Section 848 of the National Defense Authorization Act for Fiscal Year 2012 contained a provision that would strengthen the detection, avoidance, notification, and remediation of counterfeit and suspect counterfeit electronic parts in defense systems.



Watch Now: http://www.gpo.gov/fdsys/pkg/BILLS-112s1867es/pdf/BILLS-112s1867es.pdf

November 8, 2011

Counterfeit Electronic Parts on Defense Systems: Witnesses testified about sources of counterfeit electronic parts, how they are made, cases where counterfeit electronic parts have penetrated the defense supply chain, and the cost and potential impact of counterfeit electronic parts on defense systems.


Watch Now: http://www.c-spanvideo.org/program/302578-1

November 7, 2011

Background Memo: Senate Armed Services Committee Hearing on Counterfeit Electronic Parts in the DOD Supply Chain

http://www.gpo.gov/fdsys/pkg/CHRG-112shrg72702/pdf/CHRG-112shrg72702.pdf

August 9, 2011

Federal Register Volume 76, Number 153 - United States Government Inter-Agency Anti-Counterfeiting Working Group: Strategy to Eliminate Counterfeit Products from United States Government Supply Chain



http://www.regulations.gov/#!documentDetail;D=OMB-2011-0004-0001

July 21, 2011

Combating Military Counterfeits Act of 2011 - Amends the federal criminal code to impose criminal penalties on persons who traffic in counterfeit goods or services.



http://www.govtrack.us/congress/bills/112/s1228

January 5, 2010

S.3729--Section 1206 of the National Aeronautics and Space Administration Authorization Act requires the Administrator to plan, develop, and implement a program in coordination with other Federal agencies, to detect, track, catalog, and reduce the number of counterfeit electronic parts in the NASA supply chain.



http://spaceflight.nasa.gov/outreach/nasa_auth_act_2010.pdf