[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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