No Funds to China’s Military Act

I 116TH CONGRESS 2D SESSION H. R. 8878 To prohibit the use of funds to purchase goods or services from Communist Chinese military companies. IN THE HOUSE OF REPRESENTATIVES DECEMBER 4, 2020 Mr. NORMAN introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To prohibit the use of funds to purchase goods or services from Communist Chinese military companies. 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 ‘‘No Funds to China’s 4 Military Act’’. 5 SEC. 2. PROHIBITION ON USE OF FUNDS TO PURCHASE 6 GOODS OR SERVICES FROM COMMUNIST CHI- 7 NESE MILITARY COMPANIES. 8 (a) IN GENERAL.—None of the funds authorized to 9 be appropriated or otherwise made available for fiscal year 10 VerDate Sep 11 2014 20:40 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8878.IH H8878 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8878 IH 2020 and available for obligation as of the date of the 1 enactment of this Act, or authorized to be appropriated 2 or otherwise made available for fiscal year 2021 or any 3 fiscal year thereafter, may be obligated or expended to 4 purchase goods or services from a person on the list re- 5 quired by section 1237(b) of the Strom Thurmond Na- 6 tional Defense Authorization Act for Fiscal Year 1999 7 (Public Law 105–261; 50 U.S.C. 1701 note). 8 (b) APPLICATION TO PRIVATE ENTITIES AND STATE 9 AND LOCAL GOVERNMENTS.— 10 (1) IN GENERAL.—The prohibition under sub- 11 section (a) includes a prohibition on the obligation 12 or expenditure of funds described in that subsection 13 for the purchase of goods or services from persons 14 described in that subsection by a private entity or a 15 State or local government that received such funds 16 through a grant or any other means. 17 (2) CERTIFICATION REQUIRED TO RECEIVE FU- 18 TURE FUNDS.— 19 (A) IN GENERAL.—On and after the date 20 of the enactment of this Act, the head of an ex- 21 ecutive agency shall ensure that funds described 22 in subsection (a) are not provided to a private 23 entity or a State or local government unless the 24 entity or government certifies that the entity or 25 VerDate Sep 11 2014 20:40 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8878.IH H8878 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8878 IH government, as the case may be, is not pur- 1 chasing goods or services from a person de- 2 scribed in subsection (a). 3 (B) REVIEW.—The head of an executive 4 agency shall conduct a review of the use of 5 funds described in subsection (a) that are pro- 6 vided to a private entity or a State or local gov- 7 ernment to ensure compliance with the require- 8 ments of subparagraph (A). 9 (c) EXECUTIVE AGENCY DEFINED.—In this section, 10 the term ‘‘executive agency’’ has the meaning given that 11 term in section 133 of title 41, United States Code. 12 SEC. 3. REPORT. 13 (a) IN GENERAL.—Not later than 180 days after the 14 date of the enactment of this Act, and annually thereafter, 15 the head of each of the Federal departments and agencies 16 described in subsection (b) shall submit to the appropriate 17 congressional committees a report that contains a com- 18 plete list of grant and other funding programs adminis- 19 tered by the department or agency with respect to which 20 the head of the department or agency determines are most 21 vulnerable to exploitation by persons described in section 22 2(a). 23 VerDate Sep 11 2014 20:40 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8878.IH H8878 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8878 IH (b) FEDERAL DEPARTMENTS AND AGENCIES DE- 1 SCRIBED.—The Federal departments and agencies de- 2 scribed in this subsection are the following: 3 (1) The Department of Energy. 4 (2) The Department of the Interior. 5 (3) The Department of Agriculture. 6 (4) The Federal Communications Commission. 7 (5) The Department of Transportation. 8 (6) The Department of Defense. 9 (7) The Department of Homeland Security. 10 (8) The Department of Commerce. 11 (c) FORM.—The report required by subsection (a) 12 shall be submitted in unclassified form but may contain 13 a classified annex. 14 (d) APPROPRIATE CONGRESSIONAL COMMITTEES 15 DEFINED.—In this section, the term ‘‘appropriate con- 16 gressional committees’’ means— 17 (1) the Committee on Homeland Security and 18 other relevant committees of jurisdiction of the 19 House of Representatives; and 20 (2) the Committee on Homeland Security and 21 Governmental Affairs and other relevant committees 22 of jurisdiction of the Senate. 23 Æ VerDate Sep 11 2014 20:40 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8878.IH H8878 pamtmann on DSKBC07HB2PROD with BILLS