Prohibition on operation, procurement, and contracting related to foreign-made additive manufacturing machines

(a) Prohibition on agency operation or procurement The Secretary of Defense may not operate, or enter into or renew a contract for the procurement of— (1) a covered additive manufacturing machine that— (A) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; (B) uses operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or (C) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or (2) a system or systems that incorporates, interfaces with, or otherwise uses additive manufacturing systems or machines described in paragraph (1). (b) Exception The prohibition under subsection (a) does not apply to the operation or procurement of additive manufacturing systems or machines for the purposes of testing, analysis, and training related to intelligence, electronic warfare, and information warfare operations. (c) Waiver The Secretary of Defense may waive the prohibition under subsection (a) on a case by case basis by certifying in writing to the congressional defense committees that the operation or procurement of additive manufacturing systems or machines is required in the national interest of the United States. (d) Definitions In this section: (1) Additive manufacturing machine The term additive manufacturing machine means a system of integrated hardware and software used to realize an additive manufacturing process, including the deposition of material and the associated post-processing steps as applicable. (2) Additive manufacturing process The term additive manufacturing process means a process of joining materials to make parts from 3D model data, usually layer upon layer, as opposed to subtractive manufacturing methodologies. (3) Covered additive manufacturing company The term covered additive manufacturing company means any of the following: (A) Any entity that produces or provides additive manufacturing machines and is included on— (i) the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; or (ii) the civil-military fusion list maintained under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note). (B) Any entity that produces or provides additive manufacturing machines and— (i) is domiciled in a covered foreign country; or (ii) 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. (4) Covered additive manufacturing machine The term covered additive manufacturing machine means additive manufacturing machines and any related services and equipment manufactured by a covered additive manufacturing company. (5) Covered foreign country The term covered foreign country means the People’s Republic of China, Iran, the Democratic People's Republic of Korea, and the Russian Federation.