Prohibition on procurement of certain organic light emitting diode display technologies
Division A — Department of Defense Authorizations › Title VIII — Acquisition Policy, Acquisition Management, and Related Matters › Subtitle E — Prohibitions and Limitations on Procurement
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Chapter 363 of title 10, United States Code, as amended by section 863 of this Act, is further amended by adding at the end the following new section: 4667. Prohibition on procurement of certain organic light emitting diode display technologies (a) In general Effective June 30, 2027, the Secretary of Defense may not enter into, renew, or extend a contract or other agreement for the procurement of— (1) OLED display technologies that are fabricated in a foreign adversary, by a foreign adversary entity, or by a covered OLED display technologies company; or (2) goods or services that include any OLED display technologies that are fabricated in a foreign adversary, by a foreign adversary entity, or by a covered OLED display technologies company. (b) Waiver (1) The Secretary of Defense may waive the prohibition under subsection (a) if Secretary determines that goods or services that include OLED display technology that conforms to the requirements of this section are not available in the quality and quantity required. (2) The Secretary of Defense shall submit to Congress a report describing waivers granted in accordance with this subsection not later than February 15 of the calendar year following the year the waiver was granted. Such report shall include a description of the product or service subject to the waiver, and a brief summary of the rationale for each wavier. (c) Definitions In this section: (1) The term covered OLED display technologies company means— (A) any entity, or a subsidiary, affiliate, or licensee of such entity that produces, develops, or provides OLED display technologies and that is— (i) included on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; or (ii) identified in the list of Chinese military companies operating in the United States published in the Federal Register by the Department of Defense pursuant to section 1260H of the William H. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note); or (B) an entity that produces, develops, or provides OLED display technologies and that is subject to unmitigated foreign ownership, control, or influence by a covered foreign country, as determined by the Secretary of Defense in accordance with the National Industrial Security Program (or any successor to such program). (2) The term fabricate — (A) means the process of manufacturing display technologies through techniques including material deposition, lithography, etching, and encapsulation, or flexible substrates or silicon wafers to enable image generation; and (B) does not include the final assembly and integration of individual display cells cut from large substrates into complete display modules for integration into set products, where such assembly and integration focuses primarily on tasks such as integrated circuit bondings, flexible printed circuit attachment, touch sensor integration, and cover glass lamination (known as the module process). (3) The term foreign adversary means a country specified in section 4872(f) of title 10, United States Code. (4) The term foreign adversary entity means— (A) a foreign adversary; (B) a person domiciled in, headquartered in, that maintains a principal place of business in, or is organized under the laws of a foreign adversary; and (C) a person owned, directed, or controlled by an entity described in subparagraph (A) or (B). (5) The term OLED display technologies means an electronic visual output device that renders images, text, or video by modulating light emissions through technologies (such as organic light emitting diodes or microdot arrays) and is composed of an active matrix (including thin-film transistors) or passive matrix that controls pixel operation, light emission or modulation layer, driver electronics to convert input signals into pixel control instructions, and interface mechanisms that may include touchscreen layers, refresh rate controllers, or color calibration..