To prohibit the Secretary of Defense from entering into information technology contracts with entities that provide certain services to China, and for other purposes.

Proposed 2024-12-17 | Official source

Summary

Prohibits the Secretary of Defense from engaging in IT contracts with entities tied to AI research in China or linked through software or data centers. Allows waiver for national security interests. Applies to contracts within three years of enactment.

This summary is awaiting validation (peer review by a second AGORA editor).

Key facts

🏛️ This document was proposed and/or enacted by the United States Congress but is now defunct. For authoritative text and metadata, visit the official source.

🎯 This document primarily applies to the government, rather than the private sector.

📜 This document's name is To prohibit the Secretary of Defense from entering into information technology contracts with entities that provide certain services to China, and for other purposes..

Themes AI risks, applications, governance strategies, and other themes addressed in AGORA documents.

Thematic tags for this document are awaiting validation (peer review by a second AGORA editor).

Risk factors (4)

Governance strategies (1)

Governance development This tag applies to documents that support, encourage, or require the development of, or impose conditions on, other, subsequent public or private governance instruments related to the development or deployment of AI systems.

Full text

This is an unofficial copy. The document has been archived and reformatted in plaintext for AGORA. Footnotes, tables, and similar material may be omitted. For the official text, visit the original source.
Thematic tags for this document are awaiting validation (peer review by a second AGORA editor).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Prohibition on information technology contracts with entities that provide certain services to China. (a) Prohibition.—The Secretary of Defense may not enter into, renew, or extend an information technology contract with an entity, including a parent, subsidiary, affiliate, or subcontractor (at any tier) of such an entity, that— (1) owns, operates, substantially funds, or has a material interest in a facility or research organization located on the mainland of the People’s Republic of China if such facility or research organization has a primary purpose, as determined by the Secretary, of researching or developing artificial intelligence; (2) has enabled a covered Chinese entity to access a source code of software to be used by or on behalf of the United States Government, if such contract is for such software; (3) provides software with a military or law enforcement application or a dual-use application to a covered Chinese entity; or (4) operates a data center (as such term is defined in section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112)) in the mainland of China, including a data center operated— (A) by a parent, subsidiary, or affiliate of an entity seeking to enter into, renew, or extend a contract with the Secretary; or (B) on behalf of such an entity by a covered Chinese entity.

(b) Waiver authority.—The Secretary may waive the prohibition under this section for a contract if the Secretary determines such a waiver is necessary to advance the national security interests of the United States. (c) Applicability.—This section shall apply only with respect to contracts entered into, renewed, or extended within three years after the date of the enactment of this Act. (d) Definitions.—In this section: (1) The term “covered Chinese entity” means an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, determines to be— (A) owned, controlled, directed, or subcontracted by, affiliated with, or otherwise connected to, the government of China, or a parent, subsidiary, or affiliate of such an entity; or (B) a subcontractor (at any tier) of the government of China. (2) The term “material interest” means a financial or other interest that the Secretary determines is significant enough to influence a decision or action of an individual.