[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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