S.Amdt. 1767

SA 1767. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to
establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. FEDERAL ACQUISITION AND CONTRACTING TRANSPARENCY.

(a) Requirement to Disclose Contracts and Ties With
People's Republic of China Entities.--Not later than 180 days
after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall amend the Federal
Acquisition Regulation to require that a contractor shall, as
a condition for being awarded a contract for the procurement
of goods or services, disclose covered information related to
any contracts or other relevant commercial ties the
contractor, first tier subcontractor, or any related entity
has that are in effect at the time of contract award, or has
had within the previous three years that are no longer in
effect, with a covered entity. The contractor shall update
such disclosure not later than 30 days after the contractor,
first tier subcontractor, or any related entity enters into
or renews a contract or other relevant commercial ties with a
covered entity.
(b) Database of Federal Contractor Contracts With Chinese
Entities.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of General Services
shall establish and maintain a public database containing the
information about contracts with covered entities disclosed
pursuant to subsection (a).
(c) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means--
(A) the Government of the People's Republic of China;
(B) the Chinese Communist Party (CCP);
(C) the Chinese military;
(D) an entity owned, directed, controlled, financed, or
influenced directly or indirectly by the Government of the
People's Republic of China, the CCP, or the Chinese military,
including any entity for which the Government of the People's
Republic of China, the CCP, or the Chinese military has the
ability, through ownership of a majority or a dominant
minority of the total outstanding voting interest in an
entity, board representation, proxy voting, a special share,
contractual arrangements, formal or informal arrangements to
act in concert, or other means, to determine, direct, or
decide for an entity an important matter;
(E) a parent, subsidiary, or affiliate of an entity
described in subparagraph (D); and
(F) an entity substantively involved in People's Republic
of China economic and industrial policies or military-civil
fusion, including by accepting funding, performing services,
or receiving subsidies, or with responsibilities for
overseeing economic development projects, including Made in
China 2025 and the Belt and Road Initiative.
(2) Covered information.--The term ``covered information''
means--
(A) the name of the covered entity;
(B) the relationship of the covered entity to the
Government of the People's Republic of China, the Chinese
Communist Party, or the Chinese military;
(C) the general terms of the contract;
(D) the date the contract was entered into; and
(E) the duration of the contract.
(3) Related entity.--The term ``related entity'' means,
with respect to a contractor or first tier subcontractor, a
parent, subsidiary, affiliate, or other entity controlled by
the contractor or first tier subcontractor.
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