[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9297 Introduced in House (IH)]
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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.
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 ``Secure DOD Act''.
SEC. 2. PROHIBITION ON CERTAIN FOREIGN INFORMATION TECHNOLOGY PRODUCTS.
(a) In General.--Except as provided by subsection (b), the
Secretary of Defense may not acquire any information technology product
manufactured, produced, or assembled by a covered company.
(b) Exceptions.--Subsection (a) does not apply with respect to any
information technology product that is a replacement or replacement
part for, or necessary for the operation or maintenance of, an
information technology product acquired by the Department of Defense--
(1) before the date of the enactment of this Act; or
(2) after such date under a contract or other agreement
other than a contract or other agreement entered into, renewed,
or extended after such date.
(c) Waiver.--
(1) Waiver authority.--
(A) In general.--The Secretary of Defense may, upon
the request of an entity, waive subsection (a) with
respect to an information technology product if--
(i) the Secretary determines that a
compliant information technology product of
satisfactory quality and sufficient quantity
cannot be procured as and when needed at United
States market prices; and
(ii) such entity demonstrates to the
Secretary that such entity is making reasonable
efforts to make such information technology
product a compliant information technology
product or to replace such information
technology product with a compliant information
technology product.
(B) Compliant information technology product
defined.--In this paragraph, the term ``compliant
information technology product'' means an information
technology product that is not manufactured, produced,
or assembled by a covered company.
(2) Duration.--A waiver under paragraph (1) may be for a
period of not more than one year.
(3) Congressional notice.--Not later than 30 days after the
date on which the Secretary of Defense issues a waiver under
paragraph (1), the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
notice of such waiver.
(d) Applicability.--Except as provided in subsection (b),
subsection (a) shall apply only with respect to contracts and other
agreements entered into, renewed, or extended after the date of the
enactment of this Act.
(e) Effective Date.--This section shall take effect on the date
that is five years after the date of the enactment of this Act.
(f) Definitions.--In this Act:
(1) Covered commercially available off-the-shelf item.--The
term ``covered commercially available off-the-shelf item''
means a commercially available off-the-shelf item (as defined
in section 104 of title 41, United States Code) that is an end
product.
(2) Covered company.--The term ``covered company'' means an
entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the
Federal Bureau of Investigation, reasonably believes to be
owned or controlled by, or otherwise connected to, the
government of a covered foreign country.
(3) Covered foreign country.--The term ``covered foreign
country'' means the People's Republic of China.
(4) Information technology product.--The term ``information
technology product'' means a covered commercially available
off-the-shelf item that can process, store, or transmit digital
data.
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