```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10453 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10453

  To prohibit the Secretary of Defense from entering into information 
  technology contracts with entities that provide certain services to 
                     China, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2024

  Mr. Fallon (for himself, Mr. Alford, and Mr. Ellzey) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To prohibit the Secretary of Defense from entering into information 
  technology contracts with entities that provide certain services to 
                     China, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON INFORMATION TECHNOLOGY CONTRACTS WITH 
              ENTITIES THAT PROVIDE CERTAIN SERVICES TO CHINA.

    (a) Prohibition.--The Secretary of Defense may not enter into, 
renew, or extend an information technology contract with an entity, 
including a parent, subsidiary, affiliate, or subcontractor (at any 
tier) of such an entity, that--
            (1) owns, operates, substantially funds, or has a material 
        interest in a facility or research organization located on the 
        mainland of the People's Republic of China if such facility or 
        research organization has a primary purpose, as determined by 
        the Secretary, of researching or developing artificial 
        intelligence;
            (2) has enabled a covered Chinese entity to access a source 
        code of software to be used by or on behalf of the United 
        States Government, if such contract is for such software;
            (3) provides software with a military or law enforcement 
        application or a dual-use application to a covered Chinese 
        entity; or
            (4) operates a data center (as such term is defined in 
        section 453 of the Energy Independence and Security Act of 2007 
        (42 U.S.C. 17112)) in the mainland of China, including a data 
        center operated--
                    (A) by a parent, subsidiary, or affiliate of an 
                entity seeking to enter into, renew, or extend a 
                contract with the Secretary; or
                    (B) on behalf of such an entity by a covered 
                Chinese entity.
    (b) Waiver Authority.--The Secretary may waive the prohibition 
under this section for a contract if the Secretary determines such a 
waiver is necessary to advance the national security interests of the 
United States.
    (c) Applicability.--This section shall apply only with respect to 
contracts entered into, renewed, or extended within three years after 
the date of the enactment of this Act.
    (d) Definitions.--In this section:
            (1) The term ``covered Chinese entity'' means an entity 
        that the Secretary of Defense, in consultation with the 
        Director of National Intelligence or the Director of the 
        Federal Bureau of Investigation, determines to be--
                    (A) owned, controlled, directed, or subcontracted 
                by, affiliated with, or otherwise connected to, the 
                government of China, or a parent, subsidiary, or 
                affiliate of such an entity; or
                    (B) a subcontractor (at any tier) of the government 
                of China.
            (2) The term ``material interest'' means a financial or 
        other interest that the Secretary determines is significant 
        enough to influence a decision or action of an individual.
                                 <all>
```