I 
117TH CONGRESS 
2D SESSION 
H. R. 8782 
To require disclosure by Department of Homeland Security contractors of 
contracts with Chinese entities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2022 
Mrs. HARSHBARGER (for herself, Mr. PFLUGER, and Mrs. MILLER-MEEKS) 
introduced the following bill; which was referred to the Committee on 
Homeland Security 
A BILL 
To require disclosure by Department of Homeland Security 
contractors of contracts with Chinese entities, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Our Home-
land from Chinese Espionage Act’’. 
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SEC. 2. REQUIREMENT FOR DEPARTMENT OF HOMELAND 
SECURITY CONTRACTORS TO DISCLOSE CON-
TRACTS AND TIES WITH PEOPLE’S REPUBLIC 
OF CHINA ENTITIES. 
(a) REQUIREMENT.— 
(1) INITIAL DISCLOSURE.— 
(A) IN
GENERAL.—Not later than 12 
months after the date of the enactment of this 
Act, the Secretary of Homeland Security shall 
amend the Homeland Security Acquisition Reg-
ulation to require that a contractor with the 
Department of Homeland Security shall, as a 
condition of being awarded a contract for the 
procurement of goods or services, disclose to the 
Department covered information related to any 
contracts or other relevant commercial ties with 
a covered entity such contractor, including the 
immediate owner of such contractor, the high-
est-level owner of such contractor, and all first 
tier subcontractors of such contractor with re-
spect to the contract to be awarded— 
(i) has that are in effect at the time 
of contract award; 
(ii) has had within the three years im-
mediately preceding such time of contract 
award; and 
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(iii) enters into at any time during the 
period of such contract award. 
(B) NOTIFICATION.—The Secretary of 
Homeland Security shall notify the Committee 
on Homeland Security and Governmental Af-
fairs of the Senate and the Committee on 
Homeland Security of the House of Representa-
tives of disclosures described in subparagraph 
(A). 
(2) UPDATED DISCLOSURES.— 
(A) NEW
OR
RENEWAL.—A contractor 
awarded a contract with the Department of 
Homeland Security in accordance with the 
amended Homeland Security Acquisition Regu-
lation pursuant to paragraph (1) shall update 
disclosures made to the Department in accord-
ance with such paragraph not later than 30 
days after such contractor, including the imme-
diate owner of such contractor, the highest-level 
owner of such contractor, and all first tier sub-
contractors of such contractor with respect to 
such contract, enters into or renews a contract 
with a covered entity. 
(B) ANNUAL.—A contractor awarded a 
contract with the Department of Homeland Se-
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curity in accordance with the amended Home-
land Security Acquisition Regulation pursuant 
to paragraph (1) shall annually update disclo-
sures made to the Department in accordance 
with such paragraph. 
(C) NOTIFICATION.—The Secretary of 
Homeland Security shall notify the Committee 
on Homeland Security and Governmental Af-
fairs of the Senate and the Committee on 
Homeland Security of the House of Representa-
tives of updated disclosures under subpara-
graphs (A) and (B). 
(3) EXCEPTIONS.—Disclosure and notification 
requirements under this section shall not apply in 
the case of any of the following: 
(A) If the procurement that is the subject 
of the contract at issue is in an amount at or 
below the simplified acquisition threshold, as 
that term in defined under section 134 of title 
41, United States Code, and adjusted for infla-
tion under section 1908 of such title. 
(B) Any supply or service contract the Sec-
retary of Homeland Security, in consultation 
with the Chief Acquisition Officer, Chief Pro-
curement Officer, and Chief Security Officer of 
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the Department of Homeland Security, deter-
mines to be low risk. 
(C) If the procurement that is the subject 
of the contract at issue is already under inves-
tigation by the Department of Homeland Secu-
rity or another United States Government agen-
cy and with respect to which such a disclosure 
or notification would compromise the integrity 
of such investigation. 
(b) DATABASE
OF FEDERAL CONTRACTOR CON-
TRACTS WITH COVERED ENTITIES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall establish a public 
database containing the information concerning con-
tracts with covered entities disclosed pursuant to 
subsection (a). Upon the termination or completion 
of such a contract, the contractor with respect to 
such a contract, including the immediate owner of 
such contractor, the highest-level owner of such con-
tractor, and all first-tier subcontractors of such con-
tractor, shall be eligible for removal from such public 
database. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply in the case of contracts with respect to which 
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compliance with such paragraph would compromise 
national security or if information otherwise subject 
to disclosure is classified pursuant to Executive 
Order 13526. 
(c) AUTHORITY TO WITHHOLD OR TERMINATE CON-
TRACTS.—The Secretary of Homeland Security shall ter-
minate an existing contract if the Secretary determines 
based on a disclosure made by the contractor, the imme-
diate owner of such contractor, the highest-level owner of 
such contractor, or a first-tier subcontractor of such con-
tractor, that continuation of such contract violates Federal 
law or is not in the public’s interest. 
(d) SUSPENSION AND DEBARMENT.—Based on infor-
mation disclosed pursuant to this section, the Secretary 
of Homeland Security may refer a contractor, the imme-
diate owner of such contractor, the highest-level owner of 
such contractor, or a first-tier subcontractor of such con-
tractor, as appropriate, to the Suspension and Debarment 
official of the Department of Homeland Security for sus-
pension or debarment, to initiate a suspension or debar-
ment proceeding, as such official determines appropriate. 
(c) DEFINITIONS.—In this section: 
(1) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means— 
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(A) the Government of the People’s Repub-
lic of China; 
(B) the Chinese Communist Party (CCP); 
(C) the Chinese military; 
(D) an entity owned, directed, controlled, 
financed, or influenced directly or indirectly, 
through separate contracts or otherwise, by the 
Government of the People’s Republic of China, 
the CCP, or the Chinese military, in which the 
Government of the People’s Republic of China, 
the CCP, or the Chinese military has majority 
ownership or control or has minority ownership 
greater than ten percent of such entity, includ-
ing any entity for which the Government of the 
People’s Republic of China, the CCP, or the 
Chinese military has the ability, through owner-
ship of a majority or a dominant minority of 
the total outstanding voting interest in an enti-
ty, board representation, proxy voting, a special 
share, contractual arrangements, formal or in-
formal arrangements to act in concert, or other 
means, to determine, direct, or decide for an 
entity an important matter; 
(E) a parent, subsidiary, or affiliate of an 
entity described in subparagraph (D); and 
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(F) an China-based entity with a majority 
ownership or control or with minority ownership 
greater than ten percent by a covered entity, 
substantively involved in People’s Republic of 
China economic or industrial policies or mili-
tary-civil fusion, including by accepting funding, 
performing services, or receiving subsidies, or 
with responsibilities for overseeing economic de-
velopment projects, including Made in China 
2025 and the Belt and Road Initiative. 
(2) COVERED INFORMATION.—The term ‘‘cov-
ered information’’ means information relating to— 
(A) the name of the covered entity; 
(B) the extent to which the covered entity 
has the ability to act in concert or to determine, 
direct, or decide an important matter for a con-
tractor, including the immediate owner of such 
contractor, the highest-level owner of such con-
tractor, and all first tier subcontractors of such 
contractor under the awarded contract, through 
ownership of a majority or a dominant minority 
of the total outstanding voting interest, board 
representation, proxy voting, special interest 
share, contractual arrangements, or other for-
mal or informal arrangements; 
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(C) the date such contract was entered 
into; and 
(D) the duration, including any extensions, 
of such contract. 
(3) IMMEDIATE OWNER.—The term ‘‘immediate 
owner’’ means an entity, other than a contractor, 
that has direct control of the contractor, including 
through one or more of the following: 
(A) Ownership or interlocking manage-
ment. 
(B) Identity of interests among family 
members. 
(C) Shared facilities and equipment. 
(D) Common use of employees. 
(4) HIGHEST-LEVEL OWNER.—The term ‘‘high-
est-level owner’’ means an entity that owns or con-
trols an immediate owner of a contractor, or that 
owns or controls one or more entities that control an 
immediate owner of a contractor, and that is not 
owned or controlled by any other entity. 
Æ 
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