Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology
- Earlier this month, the Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 designed to impose new restrictions on the sale and... ›
Notable Provisions of the FY 2024 National Defense Authorization Act
By: Tina D. Reynolds
On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes appropriations and sets policy for the Department of Defense (“DoD”) and... ›U.S. Congress Introduces Bill that Would Require Mandatory 24 Hour Cyber Breach Notification for Government Agencies, Contractors, and Operators of Critical Infrastructure
By: Tina D. Reynolds
This week, U.S. Senator Mark Warner (D-VA), chair of the Senate Intelligence Committee, and a broad group of bipartisan co-sponsors, introduced legislation that would require government agencies, contractors, and operators of critical infrastructure to report cyber incidents to the U.S. Cybersecurity and Infrastructure Security... ›DOD Proposes Enhanced Debriefing Regulations
By: James A. Tucker
Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented part of those requirements in 2018 in Class Deviation 2018-O0011 , which required DOD... ›National Security and Investment Act Receives Royal Assent
By: Stuart Alford
On 29 April 2021, there was a significant development in the evolving European national security landscape, when the National Security and Investment Act (the “Act”) was granted Royal Assent and passed into law in the United Kingdom. Originally published in November 2020, the Act... ›U.S. Government Responds to SolarWinds Hack, Seeks to Establish New Norms for Cyber Espionage
By: Miriam H. Wugmeister, Brandon L. Van Grack and Tina D. Reynolds
After much anticipation and hints, the U.S. Government announced a series of measures to respond to recent Russian actions against the United States, including the SolarWinds intrusion campaign. The measures underscore that companies are not in a position and should not be left to... ›Initial Thoughts on the 2021 NDAA’s Procurement Provisions
By: J. Alex Ward, James A. Tucker and Locke Bell
Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the procurement-related provisions that likely will remain... ›Sharp Edges in Export Controls: The Risk Areas for Government Contractors (Morrison & Foerster’s Remote Learning Series Session #4)
By: Charles L. Capito
Please join us for the fourth session in our monthly series covering the latest in government contracting, explaining the “why” and “how” of a particular legal problem, and lessons available from recent case decisions that inform how to navigate it. Register here. In this... ›Interim Rule Issued to Implement 2019 NDAA Prohibition on the Use of Covered Telecommunication and Video Surveillance Equipment or Services Produced by Certain Chinese Companies
By: Tina D. Reynolds, Charles L. Capito and Victoria Dalcourt Angle
On July 14, 2020, the Federal Acquisition Regulation (“FAR”) Council published a long-awaited interim rule (the “Interim Rule”) implementing the second prong of Section 889 of the 2019 National Defense Authorization Act (“NDAA”). The Interim Rule prohibits federal agencies from awarding contracts to or... ›Foreign Investment 2020 (Part 5): Final CFIUS Rules Announced
By: Charles L. Capito
The U.S. Department of the Treasury (Treasury) has released final regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA), expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS). As we discussed in previous alerts in this series, the regulations... ›