I 

118TH CONGRESS 

1ST SESSION H. R. 748 

To amend title 40, United States Code, to prohibit the distribution of Federal 

funds to certain entities related to the People’s Republic of China for 

certain public works projects, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Ms. TENNEY (for herself, Ms. SPANBERGER, Mr. PHILLIPS, and Mr. 

FITZPATRICK) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To amend title 40, United States Code, to prohibit the distribution of Federal funds to certain entities related to 

the People’s Republic of China for certain public works 

projects, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Communist Con5 struction of Public Infrastructure Act’’ or the ‘‘Stop CCP 

6 Infrastructure Act’’. 


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1 SEC. 2. RESTRICTION OF ENTITIES FROM USING FEDERAL 

2 FUNDS FROM ENGAGING, ENTERING INTO, 

3 AND AWARDING PUBLIC WORKS CONTRACTS. 

4 (a) IN GENERAL.—Chapter 33 of title 40, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 3319. Restriction of entities from using Federal 

8 funds to engage, enter into, and award 

9 public works contracts 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of law, Federal funds may not be provided to any 

12 covered entity for any covered public works project. 

13 ‘‘(b) REQUIREMENTS.—Any entity receiving funds 

14 for any covered public works project shall be free from 

15 any obligations, influences, or connections to any covered 

16 entity. 

17 ‘‘(c) EXCEPTION.—This section shall only apply to 

18 projects that are located in the United States. 

19 ‘‘(d) DEFINITIONS.—In this section: 

20 ‘‘(1) COVERED ENTITY.—The term ‘covered en21 tity’ means any entity that— 

22 ‘‘(A) is headquartered in China; 

23 ‘‘(B) is owned, directed, controlled, fi24 nanced, or influenced directly or indirectly by 

25 the Government of the People’s Republic of 

26 China, the CCP, or the Chinese military, inVerDate Sep 11 2014 00:06 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H748.IH H748

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1 cluding any entity for which the Government of 

2 the People’s Republic of China, the CCP, or the 

3 Chinese military have the ability, through own4 ership of a majority or a dominant minority of 

5 the total outstanding voting interest in an enti6 ty, board representation, proxy voting, a special 

7 share, contractual arrangements, formal or in8 formal arrangements to act in concert, or other 

9 means, to determine, direct, or decide for an 

10 entity in an important manner; or 

11 ‘‘(C) is a parent, subsidiary, or affiliate of 

12 any entity described in subparagraph (B). 

13 ‘‘(2) COVERED PUBLIC WORKS PROJECT.—The 

14 term ‘covered public works project’ means any 

15 project of the construction, repair, renovation, or 

16 maintenance of public buildings, structures, sewers, 

17 water works, roads, bridges, docks, underpasses and 

18 viaducts, as well as any other improvement to be 

19 constructed, repaired or renovated or maintained on 

20 public property to be paid, in whole or in part, with 

21 public funds or with financing to be retired with 

22 public funds in the form of lease payments or other23 wise.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis for chap25 ter 33 of title 40, United States Code, is amended by inVerDate Sep 11 2014 00:06 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H748.IH H748

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1 serting after the item relating to section 3318 the fol2 lowing: 

‘‘3319. Restriction of entities from using Federal funds to engage, enter into, 

and award public works contracts.’’. 

3 (c) NON-FEDERAL PUBLIC WORKS.—Chapter 35 of 

4 title 40, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘§ 3506. Restriction of States and local governments 

7 from using Federal funds to engage, 

8 enter into, and award public works con9 tracts 

10 ‘‘(a) IN GENERAL.—A State or local government re11 ceiving Federal funds may not provide such funds to any 

12 covered entity for any covered public works project. 

13 ‘‘(b) REQUIREMENTS.—A State or local government 

14 shall verify that any entity receiving funds for any covered 

15 public works project is free from any obligations, influ16 ences, or connections to any covered entity. 

17 ‘‘(c) EXCEPTION.—This section shall only apply to 

18 projects that are located in a State. 

19 ‘‘(d) DEFINITIONS.—In this section: 

20 ‘‘(1) COVERED ENTITY.—The term ‘covered en21 tity’ means any entity that— 

22 ‘‘(A) is headquartered in China; 

23 ‘‘(B) is owned, directed, controlled, fi24 nanced, or influenced directly or indirectly by 


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1 the Government of the People’s Republic of 

2 China, the CCP, or the Chinese military, in3 cluding any entity for which the Government of 

4 the People’s Republic of China, the CCP, or the 

5 Chinese military have the ability, through own6 ership of a majority or a dominant minority of 

7 the total outstanding voting interest in an enti8 ty, board representation, proxy voting, a special 

9 share, contractual arrangements, formal or in10 formal arrangements to act in concert, or other 

11 means, to determine, direct, or decide for an 

12 entity in an important manner; or 

13 ‘‘(C) is a parent, subsidiary, or affiliate of 

14 any entity described in subparagraph (B). 

15 ‘‘(2) COVERED PUBLIC WORKS PROJECT.—The 

16 term ‘covered public works project’ means any 

17 project of the construction, repair, renovation, or 

18 maintenance of public buildings, structures, sewers, 

19 water works, roads, bridges, docks, underpasses and 

20 viaducts, as well as any other improvement to be 

21 constructed, repaired or renovated or maintained on 

22 public property to be paid, in whole or in part, with 

23 public funds or with financing to be retired with 

24 public funds in the form of lease payments or other25 wise.’’. 


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1 (d) CLERICAL AMENDMENT.—The analysis for chap2 ter 35 of title 40, United States Code, is amended by add3 ing at the end the following: 

‘‘3506. Restriction of States and local governments from using Federal funds 

to engage, enter into, and award public works contracts.’’. 

4 (e) UPDATING REGULATIONS.—The Federal Acquisi5 tion Regulation and the Defense Federal Acquisition Reg6 ulation shall be revised to implement the provisions of this 

7 Act. 

8 (f) RULE OF APPLICABILITY.—The amendments 

9 made by this section shall take effect, and shall apply to 

10 projects beginning on or after, 180 days after the date 

11 of enactment of this Act. 

Æ 


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