I 

118TH CONGRESS 

2D SESSION H. R. 9297 

To prohibit the Department of Defense from acquiring certain information 

technology products manufactured by certain foreign companies, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2024 

Mr. STANTON (for himself and Mrs. KIGGANS of Virginia) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To prohibit the Department of Defense from acquiring certain information technology products manufactured by 

certain foreign companies, 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 ‘‘Secure DOD Act’’. 

5 SEC. 2. PROHIBITION ON CERTAIN FOREIGN INFORMATION 

6 TECHNOLOGY PRODUCTS. 

7 (a) IN GENERAL.—Except as provided by subsection 

8 (b), the Secretary of Defense may not acquire any inforVerDate Sep 11 2014 22:08 Sep 05, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9297.IH H9297

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1 mation technology product manufactured, produced, or as2 sembled by a covered company. 

3 (b) EXCEPTIONS.—Subsection (a) does not apply 

4 with respect to any information technology product that 

5 is a replacement or replacement part for, or necessary for 

6 the operation or maintenance of, an information tech7 nology product acquired by the Department of Defense— 

8 (1) before the date of the enactment of this 

9 Act; or 

10 (2) after such date under a contract or other 

11 agreement other than a contract or other agreement 

12 entered into, renewed, or extended after such date. 

13 (c) WAIVER.— 

14 (1) WAIVER AUTHORITY.— 

15 (A) IN GENERAL.—The Secretary of De16 fense may, upon the request of an entity, waive 

17 subsection (a) with respect to an information 

18 technology product if— 

19 (i) the Secretary determines that a 

20 compliant information technology product 

21 of satisfactory quality and sufficient quan22 tity cannot be procured as and when need23 ed at United States market prices; and 

24 (ii) such entity demonstrates to the 

25 Secretary that such entity is making reaVerDate Sep 11 2014 22:08 Sep 05, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9297.IH H9297

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1 sonable efforts to make such information 

2 technology product a compliant informa3 tion technology product or to replace such 

4 information technology product with a 

5 compliant information technology product. 

6 (B) COMPLIANT INFORMATION TECH7 NOLOGY PRODUCT DEFINED.—In this para8 graph, the term ‘‘compliant information tech9 nology product’’ means an information tech10 nology product that is not manufactured, pro11 duced, or assembled by a covered company. 

12 (2) DURATION.—A waiver under paragraph (1) 

13 may be for a period of not more than one year. 

14 (3) CONGRESSIONAL NOTICE.—Not later than 

15 30 days after the date on which the Secretary of De16 fense issues a waiver under paragraph (1), the Sec17 retary shall submit to the Committees on Armed 

18 Services of the Senate and the House of Representa19 tives a notice of such waiver. 

20 (d) APPLICABILITY.—Except as provided in sub21 section (b), subsection (a) shall apply only with respect 

22 to contracts and other agreements entered into, renewed, 

23 or extended after the date of the enactment of this Act. 


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1 (e) EFFECTIVE DATE.—This section shall take effect 

2 on the date that is five years after the date of the enact3 ment of this Act. 

4 (f) DEFINITIONS.—In this Act: 

5 (1) COVERED COMMERCIALLY AVAILABLE OFF6 THE-SHELF ITEM.—The term ‘‘covered commercially 

7 available off-the-shelf item’’ means a commercially 

8 available off-the-shelf item (as defined in section 104 

9 of title 41, United States Code) that is an end prod10 uct. 

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

12 company’’ means an entity that the Secretary of De13 fense, in consultation with the Director of the Na14 tional Intelligence or the Director of the Federal Bu15 reau of Investigation, reasonably believes to be 

16 owned or controlled by, or otherwise connected to, 

17 the government of a covered foreign country. 

18 (3) COVERED FOREIGN COUNTRY.—The term 

19 ‘‘covered foreign country’’ means the People’s Re20 public of China. 

21 (4) INFORMATION TECHNOLOGY PRODUCT.— 

22 The term ‘‘information technology product’’ means a 

23 covered commercially available off-the-shelf item that 

24 can process, store, or transmit digital data. 

Æ 


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