118 HR 9297 IH: Secure DOD Act U.S. House of Representatives 2024-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 9297IN THE HOUSE OF REPRESENTATIVESAugust 2, 2024Mr. Stanton (for himself and Mrs. Kiggans of Virginia) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo prohibit the Department of Defense from acquiring certain information technology products manufactured by certain foreign companies, and for other purposes.

1.

Short title

This Act may be cited as the Secure DOD Act.

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.