[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 942 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 942
To establish procedures to include certain foreign persons that pose a
threat to the security of supply chains of Internet of Things devices
on the Department of Commerce's Entity List, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2023
Mr. Obernolte (for himself and Ms. Jacobs) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committee on Oversight and Accountability, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish procedures to include certain foreign persons that pose a
threat to the security of supply chains of Internet of Things devices
on the Department of Commerce's Entity List, 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 ``Protecting Against Compromised
Internet of Things Technology Act''.
SEC. 2. RECOMMENDATIONS TO INCLUDE COVERED FOREIGN PERSONS ON THE
ENTITY LIST.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Commerce, acting through the
Bureau of Industry and Security, shall submit to the End-User Review
Committee--
(1) a list of covered foreign persons, if any, that the
Secretary determines pose a threat to the security of supply
chains of Internet of Things devices; and
(2) a recommendation of whether or not to include each such
covered foreign person on the Entity List or make other
modifications to the Entity List as appropriate.
(b) Updates of List.--The Secretary of Commerce shall submit to the
End-User Review Committee an updated list and corresponding
recommendations under paragraph (1)--
(1) not later than 180 days after the date of the enactment
of this Act, and every 180 days thereafter; and
(2) as new information becomes available.
SEC. 3. CONSIDERATION AND VOTE TO INCLUDE COVERED FOREIGN PERSONS ON
THE ENTITY LIST.
Not later than 90 days after receiving a list of covered foreign
persons and corresponding recommendations required by section 2, the
End-User Review Committee shall convene a meeting--
(1) to consider such list of covered foreign persons and
corresponding recommendations; and
(2) to hold a vote with respect to including each such
covered foreign person on the Entity List or make other
modifications to the Entity List as appropriate.
SEC. 4. FEDERAL FINANCIAL ASSISTANCE PROHIBITION.
In the event that any company is on the list described under
section 3--
(1) that company may not receive any Federal financial
assistance; and
(2) the Federal Government may not enter into any contract
with such company for any Internet of Things device.
SEC. 5. DEFINITIONS.
In this Act:
(1) Covered foreign person.--The term ``covered foreign
person''--
(A) means a foreign person that produces an
Internet of Things device; and
(B) includes a parent company, subsidiary, or
relevant senior officer or other official of such
foreign person.
(2) End-user review committee.--The term ``End-User Review
Committee'' means the End-User Review Committee described in
Supplement No. 9 to part 748 of the Export Administration
Regulations.
(3) Entity list.--The term ``Entity List'' means the list
maintained by the Bureau of Industry and Security of the
Department of Commerce and set forth in Supplement No. 4 to
part 744 of title 15, Code of Federal Regulations.
(4) Export administration regulations.--The term ``Export
Administration Regulations'' means subchapter C of chapter VII
of title 15, Code of Federal Regulations.
(5) Federal financial assistance.--The term ``Federal
financial assistance'' means any form of loan, grant,
guarantee, insurance, payment, rebate, subsidy, or any other
form of direct or indirect Federal assistance (including
general or special revenue sharing or formula grants made to
States) approved by any Federal officer or agency.
(6) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(7) Internet of things device.--The term ``Internet of
Things device'' means a device described in section 2(4) of the
Internet of Things Cybersecurity Improvement Act of 2020 (15
U.S.C. 278g-3a note).
(8) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
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