S.Amdt. 2550Senate116th Congress (2019-2021)2nd degree

S.Amdt. 2550

Sponsored by Rick ScottSen. Rick Scott (R-FL)
Submitted August 4, 2020

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Senate amendment submitted

August 4, 2020

Text

Submitted

SA 2550. Mr. SCOTT of Florida submitted an amendment intended to be
proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S.
178, to condemn gross human rights violations of ethnic Turkic Muslims
in Xinjiang, and calling for an end to arbitrary detention, torture,
and harassment of these communities inside and outside China; which was
ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, insert
the following:

SEC. 3. RESTRICTIONS ON FEDERAL CONTRACTING WITH CHINESE
COMPANIES.

(a) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means
a contract with a value equal to or greater than $10,000
related to an infrastructure project, including with respect
to--
(A) surface transportation (roads);
(B) mass transit, including airports, public
transportation, and rail;
(C) ports and bridges, including domestic waterways as
defined by the Army Corps of Engineers;
(D) energy, including grid infrastructure and renewable
energy;
(E) telecommunications systems; or
(F) emerging technologies identified by the Secretary of
Commerce pursuant to the rulemaking undertaken in accordance
with the advance notice of proposed rulemaking entitled,
``Review of Controls for Certain Emerging Technologies'' (83
Fed. Reg. 58201).
(2) Covered foreign entity.--The term ``covered foreign
entity'' means an entity domiciled in the People's Republic
of China or subject to influence or control by the Government
of the People Republic of China or the Communist Party of the
People's Republic of China, as determined by the Secretary of
Homeland Security.
(3) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(b) Restrictions on Contracting With Companies That Are
Owned Wholly or Partially by Covered Foreign Entities.--
(1) Federal contracts.--The head of an executive agency may
not enter into--
(A) a covered contract with a contractor that has an
ownership interest, either directly or through a joint
venture, of at least 25 percent that is held by a covered
foreign entity; or
(B) a covered contract in which the contractor subcontracts
with a subcontractor having such an ownership interest.
(2) Use of federal funds.--No Federal funds, including
grant and loan funds, may be used to enter into a covered
contract with a contractor or subcontractor having an
ownership interest of at least 25 percent that is held by a
covered foreign entity.
(3) Waiver authority.--The head of an executive agency may
waive the prohibition under paragraph (1) or (2) on a case-
by-case basis. Notice of each such waiver shall be provided
to the Director of the Office of Management and Budget.
(4) Effective date.--The prohibitions under paragraphs (1)
and (2) apply to contracts and subcontracts entered into,
extended, or renewed on or after the date that is two years
after the date of the enactment of this Act.
(c) Role of Federal Acquisition Security Council in Ending
Reliance on People's Republic of China for Certain Items.--
Section 1323(a)(1) of title 41, United States Code, is
amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(8) Seeking to end the reliance of the United States
Government on the People's Republic of China for--
``(A) information technology;
``(B) critical infrastructure;
``(C) semiconductors;
``(D) medical equipment; and
``(E) emerging technologies identified by the Secretary of
Commerce pursuant to the rulemaking undertaken in accordance
with the advance notice of proposed rulemaking entitled,
`Review of Controls for Certain Emerging Technologies' (83
Fed. Reg. 58201).''.
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