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Restrictions on data facility equipment placed on facilities leased from the Department of Defense

Division B · Title XXVIII: Military Construction General Provisions · Subtitle C: Real Property and Facilities Administration

Plain-language summaryAI

The Department of Defense cannot enter into leases for its facilities unless the lease prohibits the tenant from installing or using data facility equipment that includes key parts made in or controlled by China, Russia, Iran, or North Korea. This applies to data centers, supercomputers, and similar facilities, and covers important components like certain circuit boards and advanced semiconductors that could pose a security risk.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 2825.
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(a) In general

The Secretary of Defense shall not to enter into an enhanced use lease unless the lease terms prohibit the lessee (and any sublessor or operator thereof) from installing or operating data facility equipment that contains one or more significant components manufactured in, or by an entity domiciled in or subject to the jurisdiction of, a covered nation.

(b) Definitions

In this section:

(1)

The term covered nation shall mean—

(A)

China;

(B)

Russia;

(C)

Iran; or

(D)

North Korea.

(2)

The term data facility shall mean any data center, supercomputer, or other facility for the mass storage, processing, or transmission of data.

(3)

The term enhanced use lease means a lease entered into under section 2667 of title 10, United States Code, or any other similar authority.

(4)

The term significant component shall mean—

(A)

any covered printed circuit board, as that term is defined in section 4873 of title 10, United States Code;

(B)

advanced semiconductors and chipsets, including any integrated circuit—

(i)

manufactured using a non-planar transistor architecture; or

(ii)

manufactured using a production technology node of 14 nanometers or smaller; and

(C)

any other component that provides a unique functionality to the data facility that the Secretary of Defense determines to be a risk to national security of the United States.