Beijing Winter Olympics Sponsor Accountability Act

I 117TH CONGRESS 1ST SESSION H. R. 3645 To prohibit the Federal Government from contracting with persons that have business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 28, 2021 Mr. WALTZ (for himself, Mr. MALINOWSKI, Ms. CHENEY, Mr. GALLAGHER, Mr. GONZALEZ of Ohio, and Ms. WEXTON) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on Armed Services, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the Federal Government from contracting with persons that have business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Beijing Winter Olym- 4 pics Sponsor Accountability Act’’. 5 VerDate Sep 11 2014 06:39 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3645.IH H3645 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3645 IH SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS 1 THAT HAVE BUSINESS OPERATIONS WITH 2 THE 2022 WINTER OLYMPICS IN BEIJING, 3 CHINA. 4 (a) CIVILIAN AGENCY CONTRACTS.— 5 (1) IN GENERAL.—Except as provided in para- 6 graph (2), the head of an executive agency may not 7 enter into a contract (or subcontract at any tier) for 8 the procurement of goods or services with any per- 9 son that has business operations with the Beijing 10 Organising Committee for the 2022 Olympic and 11 Paralympic Winter Games or the International 12 Olympic Committee. 13 (2) EXCEPTION.—Notwithstanding paragraph 14 (1), the requirement does not apply to a contract (or 15 subcontract at any tier) that the Secretary of State 16 determines is vital to the national security interests 17 of the United States. 18 (3) NOTIFICATION.—The Secretary of State 19 shall notify Congress of any contract (or subcontract 20 at any tier) entered into on the basis of an exception 21 provided for under paragraph (1). 22 (b) DEFENSE CONTRACTS.— 23 (1) IN GENERAL.—The Secretary of Defense 24 may not enter into a contract (or subcontract at any 25 tier) for the procurement of goods or services with 26 VerDate Sep 11 2014 06:39 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3645.IH H3645 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3645 IH any person that has business operations with the 1 Beijing Organising Committee for the 2022 Olympic 2 and Paralympic Winter Games or the International 3 Olympic Committee. 4 (2) EXCEPTION.—Paragraph (1) does not apply 5 to a contract (or subcontract at any tier) that the 6 Secretary of Defense, in consultation with the Sec- 7 retary of State, determines is vital to the national 8 security interests of the United States. 9 (3) NOTIFICATION.—The Secretary of Defense 10 shall notify Congress of any contract (or subcontract 11 at any tier) entered into on the basis of an exception 12 provided for under paragraph (1). 13 (c) APPLICABILITY.— 14 (1) CONTRACTS.—This section shall apply with 15 respect to any contract entered into on or after the 16 date of the enactment of this section. 17 (2) TERMINATION OF BUSINESS OPERATIONS.— 18 This section shall not apply with respect to a person 19 that terminates business operations with the Beijing 20 Organising Committee for the 2022 Olympic and 21 Paralympic Winter Games or the International 22 Olympic Committee within 30 days after the date of 23 the enactment of this section. 24 VerDate Sep 11 2014 06:39 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3645.IH H3645 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3645 IH (d) SALES PROHIBITION.—Effective 60 days after 1 the date of the enactment of this Act, a facility of the 2 Federal Government may not sell any product made by 3 any person that has business operations with the Beijing 4 Organising Committee for the 2022 Olympic and 5 Paralympic Winter Games or the International Olympic 6 Committee. 7 (e) DEFINITIONS.—In this section: 8 (1) BUSINESS OPERATIONS.—The term ‘‘busi- 9 ness operations’’ means engaging in commerce in 10 any form, including acquiring, developing, maintain- 11 ing, owning, selling, possessing, leasing, or operating 12 equipment, facilities, personnel, products, services, 13 personal property, real property, or any other appa- 14 ratus of business or commerce. 15 (2) EXECUTIVE AGENCY.—The term ‘‘executive 16 agency’’ has the meaning given that term in section 17 133 of title 41, United States Code. 18 (3) PERSON.—The term ‘‘person’’ means— 19 (A) a natural person, corporation, com- 20 pany, business association, partnership, society, 21 trust, or any other nongovernmental entity, or- 22 ganization, or group; 23 (B) any governmental entity or instrumen- 24 tality of a government, including a multilateral 25 VerDate Sep 11 2014 06:39 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3645.IH H3645 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3645 IH development institution (as defined in section 1 1701(c)(3) of the International Financial Insti- 2 tutions Act (22 U.S.C. 262r(c)(3))); and 3 (C) any successor, subunit, parent entity, 4 or subsidiary of, or any entity under common 5 ownership or control with, any entity described 6 in subparagraph (A) or (B). 7 (f) TERMINATION.—This section and the require- 8 ments of this section shall terminate on— 9 (1) the date on which a determination is made 10 that the 2022 winter Olympics will not be held in 11 the People’s Republic of China; or 12 (2) September 30, 2025. 13 Æ VerDate Sep 11 2014 06:39 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3645.IH H3645 kjohnson on DSK79L0C42PROD with BILLS