I
118th CONGRESS
1st Session
H. R. 748
IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Ms. Tenney (for herself, Ms. Spanberger, Mr. Phillips, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend title 40, United States Code, to prohibit the distribution of Federal funds to certain entities related to the People’s Republic of China for certain public works projects, and for other purposes.
Short title
This Act may be cited as the Stop Communist Construction of Public Infrastructure Act
or the Stop CCP Infrastructure Act
.
Restriction of entities from using Federal funds from engaging, entering into, and awarding public works contracts
In general
Chapter 33 of title 40, United States Code, is amended by adding at the end the following:
Restriction of entities from using Federal funds to engage, enter into, and award public works contracts
In general
Notwithstanding any other provision of law, Federal funds may not be provided to any covered entity for any covered public works project.
Requirements
Any entity receiving funds for any covered public works project shall be free from any obligations, influences, or connections to any covered entity.
Exception
This section shall only apply to projects that are located in the United States.
Definitions
In this section:
Covered entity
The term covered entity
means any entity that—
is headquartered in China;
is 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 have 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 in an important manner; or
is a parent, subsidiary, or affiliate of any entity described in subparagraph (B).
Covered public works project
The term covered public works project
means any project of the construction, repair, renovation, or maintenance of public buildings, structures, sewers, water works, roads, bridges, docks, underpasses and viaducts, as well as any other improvement to be constructed, repaired or renovated or maintained on public property to be paid, in whole or in part, with public funds or with financing to be retired with public funds in the form of lease payments or otherwise.
.
Clerical amendment
The analysis for chapter 33 of title 40, United States Code, is amended by inserting after the item relating to section 3318 the following:
3319. Restriction of entities from using Federal funds to engage, enter into, and award public works contracts.
.
Non-Federal public works
Chapter 35 of title 40, United States Code, is amended by adding at the end the following:
Restriction of States and local governments from using Federal funds to engage, enter into, and award public works contracts
In general
A State or local government receiving Federal funds may not provide such funds to any covered entity for any covered public works project.
Requirements
A State or local government shall verify that any entity receiving funds for any covered public works project is free from any obligations, influences, or connections to any covered entity.
Exception
This section shall only apply to projects that are located in a State.
Definitions
In this section:
Covered entity
The term covered entity
means any entity that—
is headquartered in China;
is 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 have 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 in an important manner; or
is a parent, subsidiary, or affiliate of any entity described in subparagraph (B).
Covered public works project
The term covered public works project
means any project of the construction, repair, renovation, or maintenance of public buildings, structures, sewers, water works, roads, bridges, docks, underpasses and viaducts, as well as any other improvement to be constructed, repaired or renovated or maintained on public property to be paid, in whole or in part, with public funds or with financing to be retired with public funds in the form of lease payments or otherwise.
.
Clerical amendment
The analysis for chapter 35 of title 40, United States Code, is amended by adding at the end the following:
3506. Restriction of States and local governments from using Federal funds to engage, enter into, and award public works contracts.
.
Updating regulations
The Federal Acquisition Regulation and the Defense Federal Acquisition Regulation shall be revised to implement the provisions of this Act.
Rule of applicability
The amendments made by this section shall take effect, and shall apply to projects beginning on or after, 180 days after the date of enactment of this Act.
