42 USC 18444 - Counterfeit parts

U.S Code last checked for updates: Jan 30, 2025

§ 18444.

Counterfeit parts

(a)

In general

(b)

Requirements

In carrying out the program, the Administrator shall establish—

(1)

counterfeit part identification training for all employees that procure, process, distribute, and install electronic parts that will—

(A)

teach employees how to identify counterfeit parts;

(B)

educate employees on procedures to follow if they suspect a part is counterfeit;

(C)

regularly update employees on new threats, identification techniques, and reporting requirements; and

(D)

integrate industry associations, manufacturers, suppliers, and other Federal agencies, as appropriate;

(2)

an internal database to track all suspected and confirmed counterfeit electronic parts that will maintain, at a minimum—

(A)

companies and individuals known and suspected of selling counterfeit parts;

(B)

parts known and suspected of being counterfeit, including lot and date codes, part numbers, and part images;

(C)

countries of origin;

(D)

sources of reporting;

(E)

United States Customs seizures; and

(F)

Government-Industry Data Exchange Program reports and other public or private sector database notifications; and

(3)

a mechanism to report all information on suspected and confirmed counterfeit electronic parts to law enforcement agencies, industry associations, and other databases, and to issue bulletins to industry on counterfeit electronic parts and related counterfeit activity.

(c)

Review of procurement and acquisition policy

(1)

In general

(2)

Criteria

The criteria may include—

(A)

authentication or encryption codes;

(B)

embedded security markings in parts;

(C)

unique, harder to copy labels and markings;

(D)

identifying distinct lot and serial codes on external packaging;

(E)

radio frequency identification embedded into high-value parts;

(F)

physical destruction of all defective, damaged, and sub-standard parts that are by-products of the manufacturing process;

(G)

testing certifications;

(H)

maintenance of procedures for handling any counterfeit parts that slip through;

(I)

maintenance of secure facilities to prevent unauthorized access to proprietary information; and

(J)

maintenance of product return, buy back, and inventory control practices that limit counterfeiting.

(d)

Report to Congress

(Pub. L. 111–267, title XII, § 1206, Oct. 11, 2010, 124 Stat. 2843.)

cite as: 42 USC 18444