II 

118TH CONGRESS 

2D SESSION S. 4486 

To strengthen provisions relating to employment transparency regarding 

individuals who perform work in the People’s Republic of China. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2024 

Mr. SCHMITT introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To strengthen provisions relating to employment transparency regarding individuals who perform work in the 

People’s Republic of China. 

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 ‘‘Defense Technology 

5 Report Parity Act’’. 


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•S 4486 IS

1 SEC. 2. EMPLOYMENT TRANSPARENCY REGARDING INDI2 VIDUALS WHO PERFORM WORK IN THE PEO3 PLE’S REPUBLIC OF CHINA. 

4 Section 855 of the National Defense Authorization 

5 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 

6 4651 note prec.) is amended— 

7 (1) in subsection (a)(3)— 

8 (A) by redesignating subparagraphs (A) 

9 and (B) as clauses (i) and (ii) and moving such 

10 clauses, as so redesignated, two ems to the 

11 right; 

12 (B) by striking ‘‘If a covered entity’’ and 

13 inserting ‘‘(A) IN GENERAL.—If a covered com14 pany’’; and 

15 (C) in clause (ii), as so redeignated, by 

16 striking ‘‘performed.’’ and inserting the fol17 lowing: ‘‘performed; and 

18 ‘‘(iii) whether an agency or instru19 mentality of the People’s Republic of 

20 China or any non-governmental Chinese 

21 company has requested access to data or 

22 otherwise acquired data from such covered 

23 company pursuant to the People’s Republic 

24 of China’s National Intelligence Law of 

25 China or any similar legislative or regu26 latory requirements. 


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1 ‘‘(B) ADDITIONAL DISCLOSURE OF INFOR2 MATION AND ADDITIONAL MEASURES REGARD3 ING CERTAIN ENTITIES.— 

4 ‘‘(i) IN GENERAL.—If a covered com5 pany performs service contracts dealing 

6 with commercial computer software or non7 commercial computer software and is re8 quired to make a disclosure under para9 graph (1) or (2), such company shall— 

10 ‘‘(I) describe the process for dis11 closing a software vulnerability, if 

12 such company is also required to dis13 close any software vulnerability to the 

14 Ministry of Industry and Information 

15 Technology or any other agency or in16 strumentality of the People’s Republic 

17 of China; and 

18 ‘‘(II) provide any information re19 lated to how a United States affiliate 

20 is notified of a flaw described in sub21 clause (I). 

22 ‘‘(ii) ISSUANCE OF REGULATIONS.— 

23 Not later than 180 days after the date of 

24 the enactment of this subparagraph, the 

25 Secretary shall revise the Defense Federal 


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1 Acquisition Regulation Supplement to en2 sure that— 

3 ‘‘(I) a company described in 

4 clause (i) is notified of any software 

5 vulnerability by any affiliated Chinese 

6 company within 48 hours of such 

7 company entity reporting any software 

8 vulnerability to the Ministry of Indus9 try and Information Technology or 

10 any other agency or instrumentality of 

11 the People’s Republic of China; and 

12 ‘‘(II) the company shall retain 

13 and furnish to the Department of De14 fense information regarding any soft15 ware vulnerability reported to the 

16 Ministry of Industry and Information 

17 Technology or any other agency or in18 strumentality of the People’s Republic 

19 of China.’’; 

20 (2) in subsection (b)— 

21 (A) in the subsection heading, by striking 

22 ‘‘ENTITIES’’ and inserting ‘‘COMPANIES’’; and 

23 (B) by striking ‘‘entity’’ both places it ap24 pears and inserting ‘‘company’’; and 


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1 (3) by amending subsection (d)(2) to read as 

2 follows: 

3 ‘‘(2) COVERED COMPANY.—The term ‘covered 

4 company’ means a contractor offeror that also con5 ducts software development in the People’s Republic 

6 of China.’’. 

Æ 


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