[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 748 Introduced in House (IH)]
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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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Communist Construction of
Public Infrastructure Act'' or the ``Stop CCP Infrastructure Act''.
SEC. 2. RESTRICTION OF ENTITIES FROM USING FEDERAL FUNDS FROM ENGAGING,
ENTERING INTO, AND AWARDING PUBLIC WORKS CONTRACTS.
(a) In General.--Chapter 33 of title 40, United States Code, is
amended by adding at the end the following:
``Sec. 3319. Restriction of entities from using Federal funds to
engage, enter into, and award public works contracts
``(a) In General.--Notwithstanding any other provision of law,
Federal funds may not be provided to any covered entity for any covered
public works project.
``(b) Requirements.--Any entity receiving funds for any covered
public works project shall be free from any obligations, influences, or
connections to any covered entity.
``(c) Exception.--This section shall only apply to projects that
are located in the United States.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means any
entity that--
``(A) is headquartered in China;
``(B) is owned, directed, controlled, financed, or
influenced directly or indirectly by the Government of
the People's Republic of China, the CCP, or the Chinese
military, including any entity for which the Government
of the People's Republic of China, the CCP, or the
Chinese military have the ability, through ownership of
a majority or a dominant minority of the total
outstanding voting interest in an entity, board
representation, proxy voting, a special share,
contractual arrangements, formal or informal
arrangements to act in concert, or other means, to
determine, direct, or decide for an entity in an
important manner; or
``(C) is a parent, subsidiary, or affiliate of any
entity described in subparagraph (B).
``(2) Covered public works project.--The term `covered
public works project' means any project of the construction,
repair, renovation, or maintenance of public buildings,
structures, sewers, water works, roads, bridges, docks,
underpasses and viaducts, as well as any other improvement to
be constructed, repaired or renovated or maintained on public
property to be paid, in whole or in part, with public funds or
with financing to be retired with public funds in the form of
lease payments or otherwise.''.
(b) Clerical Amendment.--The analysis for chapter 33 of title 40,
United States Code, is amended by inserting after the item relating to
section 3318 the following:
``3319. Restriction of entities from using Federal funds to engage,
enter into, and award public works
contracts.''.
(c) Non-Federal Public Works.--Chapter 35 of title 40, United
States Code, is amended by adding at the end the following:
``Sec. 3506. Restriction of States and local governments from using
Federal funds to engage, enter into, and award public
works contracts
``(a) In General.--A State or local government receiving Federal
funds may not provide such funds to any covered entity for any covered
public works project.
``(b) Requirements.--A State or local government shall verify that
any entity receiving funds for any covered public works project is free
from any obligations, influences, or connections to any covered entity.
``(c) Exception.--This section shall only apply to projects that
are located in a State.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means any
entity that--
``(A) is headquartered in China;
``(B) is owned, directed, controlled, financed, or
influenced directly or indirectly by the Government of
the People's Republic of China, the CCP, or the Chinese
military, including any entity for which the Government
of the People's Republic of China, the CCP, or the
Chinese military have the ability, through ownership of
a majority or a dominant minority of the total
outstanding voting interest in an entity, board
representation, proxy voting, a special share,
contractual arrangements, formal or informal
arrangements to act in concert, or other means, to
determine, direct, or decide for an entity in an
important manner; or
``(C) is a parent, subsidiary, or affiliate of any
entity described in subparagraph (B).
``(2) Covered public works project.--The term `covered
public works project' means any project of the construction,
repair, renovation, or maintenance of public buildings,
structures, sewers, water works, roads, bridges, docks,
underpasses and viaducts, as well as any other improvement to
be constructed, repaired or renovated or maintained on public
property to be paid, in whole or in part, with public funds or
with financing to be retired with public funds in the form of
lease payments or otherwise.''.
(d) Clerical Amendment.--The analysis for chapter 35 of title 40,
United States Code, is amended by adding 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.''.
(e) Updating Regulations.--The Federal Acquisition Regulation and
the Defense Federal Acquisition Regulation shall be revised to
implement the provisions of this Act.
(f) Rule of Applicability.--The amendments made by this section
shall take effect, and shall apply to projects beginning on or after,
180 days after the date of enactment of this Act.
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