Title 42, The Public Health and WelfareRelease 119-110

§18444 Counterfeit Parts

Title 42 › CHAPTER 159 — SPACE EXPLORATION, TECHNOLOGY, AND SCIENCE › SUBCHAPTER XI — OTHER MATTERS › § 18444

Last updated Sep 22, 2026|Official source

Summary

NASA must build and run a program, with help from other federal agencies, to find, track, list, and cut down on fake electronic parts in its supply chain. The program must train every employee who buys, handles, or installs electronic parts. Training must teach how to spot fake parts, what to do if a part might be fake, and give regular updates on new threats and reporting rules. The training should include input from industry groups, manufacturers, suppliers, and other agencies. NASA must also keep an internal database of suspected and confirmed fake parts and sellers. The database must include part numbers, lot and date codes, images, countries of origin, who reported them, U.S. Customs seizures, and reports from the Government-Industry Data Exchange Program and similar sources. NASA must share this information with law enforcement, industry groups, and other databases and send out bulletins about counterfeit activity. Buying rules must be changed so parts are bought from trusted or approved manufacturers. NASA must keep a list of approved makers, reviewed at least once a year, and set criteria for approval that may include authentication codes, security markings, special labels, lot/serial tracking, RFID for costly parts, destroying defective parts, testing certificates, handling procedures, secure facilities, and return or inventory controls. Within one year after October 11, 2010, the Administrator must report progress to Congress.

Full Legal Text

Title 42, §18444

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general
The Administrator shall 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.
(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
In establishing the program, the Administrator shall amend existing acquisition and procurement policy to purchase electronic parts from trusted or approved manufacturers. To determine trusted or approved manufacturers, the Administrator shall establish a list, assessed and adjusted at least annually, and create criteria for manufacturers to meet in order to be placed onto the list.
(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
Within one year after October 11, 2010, the Administrator shall report on the progress of implementing this section to the appropriate committees of Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 18444

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110