Title 42The Public Health and WelfareRelease 119-73not60

§18444 Counterfeit Parts

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

Last updated Apr 5, 2026|Official source

Summary

NASA must create a program, working with other federal agencies, to find, track, list, and cut down on fake electronic parts in its supply chain. The program must give training for staff who buy, handle, or install parts so they can spot fakes, know what to do if they see one, get regular updates on new threats, and work with industry and other agencies. It must keep an internal database that at least lists companies or people suspected of selling fakes; part details like lot/date codes, part numbers, and pictures; country of origin; who reported the part; U.S. Customs seizures; and related public or private reports. The program must also share suspected and confirmed counterfeit information with law enforcement, industry groups, other databases, and send bulletins to industry. NASA must change buying rules to buy parts only from trusted or approved makers. It must make and keep an annually reviewed list of those makers and set rules they must meet. Possible rules include authentication codes, hidden security marks, hard-to-copy labels, lot/serial codes on packaging, RFID for high-value parts, destroying defective byproducts, testing certificates, steps for handling parts that slip through, secure facilities, and return/buyback and inventory controls. Within one year after October 11, 2010, NASA must report on progress to the proper Congressional committees.

Full Legal Text

Title 42, §18444

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

(a)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)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)(1)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)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)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 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60