[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4486 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4486
To strengthen provisions relating to employment transparency regarding
individuals who perform work in the People's Republic of China.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 5, 2024
Mr. Schmitt introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To strengthen provisions relating to employment transparency regarding
individuals who perform work in the People's Republic of China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Technology Report Parity
Act''.
SEC. 2. EMPLOYMENT TRANSPARENCY REGARDING INDIVIDUALS WHO PERFORM WORK
IN THE PEOPLE'S REPUBLIC OF CHINA.
Section 855 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 4651 note prec.) is amended--
(1) in subsection (a)(3)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii) and moving such clauses, as so
redesignated, two ems to the right;
(B) by striking ``If a covered entity'' and
inserting ``(A) In general.--If a covered company'';
and
(C) in clause (ii), as so redeignated, by striking
``performed.'' and inserting the following:
``performed; and
``(iii) whether an agency or
instrumentality of the People's Republic of
China or any non-governmental Chinese company
has requested access to data or otherwise
acquired data from such covered company
pursuant to the People's Republic of China's
National Intelligence Law of China or any
similar legislative or regulatory requirements.
``(B) Additional disclosure of information and
additional measures regarding certain entities.--
``(i) In general.--If a covered company
performs service contracts dealing with
commercial computer software or noncommercial
computer software and is required to make a
disclosure under paragraph (1) or (2), such
company shall--
``(I) describe the process for
disclosing a software vulnerability, if
such company is also required to
disclose any software vulnerability to
the Ministry of Industry and
Information Technology or any other
agency or instrumentality of the
People's Republic of China; and
``(II) provide any information
related to how a United States
affiliate is notified of a flaw
described in subclause (I).
``(ii) Issuance of regulations.--Not later
than 180 days after the date of the enactment
of this subparagraph, the Secretary shall
revise the Defense Federal Acquisition
Regulation Supplement to ensure that--
``(I) a company described in clause
(i) is notified of any software
vulnerability by any affiliated Chinese
company within 48 hours of such company
entity reporting any software
vulnerability to the Ministry of
Industry and Information Technology or
any other agency or instrumentality of
the People's Republic of China; and
``(II) the company shall retain and
furnish to the Department of Defense
information regarding any software
vulnerability reported to the Ministry
of Industry and Information Technology
or any other agency or instrumentality
of the People's Republic of China.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Entities'' and inserting ``Companies''; and
(B) by striking ``entity'' both places it appears
and inserting ``company''; and
(3) by amending subsection (d)(2) to read as follows:
``(2) Covered company.--The term `covered company' means a
contractor offeror that also conducts software development in
the People's Republic of China.''.
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