Sec. 6. Restrictions on Federal procurement
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Except as provided in subsection (d), the head of an executive agency may not enter into or renew a contract, on or after the date that is one year after the date of the enactment of this Act, for the procurement of goods or services with a foreign person who at any time within the preceding three years substantially facilitated or provided substantial knowing assistance, as determined by such head in accordance with subsection (c), with respect to the mass arbitrary detainment of Turkic Muslims within the Xinjiang Uighur Autonomous Region of the People’s Republic of China on the basis of associations or conduct which would not constitute offenses under United States law or regulation.
Except as provided in subsection (d), the head of an executive agency shall, before entering into or renewing a contract, on or after the date that is one year after the date of the enactment of this Act, for the procurement of goods or services with a United States person who at any time within the preceding three years substantially facilitated or provided substantial knowing assistance, as determined by such head in accordance with subsection (c), with respect to the mass arbitrary detainment of Turkic Muslims within the Xinjiang Uighur Autonomous Region of the People’s Republic of China on the basis of associations or conduct which would not constitute offenses under United States law or regulation, take into consideration such facilitation or assistance (as the case may be), provide adverse consideration to such proposed contract, and, to the extent practicable, assess the availability of such goods or services from alternative United States persons.
In making the determinations and assessments required under subsections
(a)and (b), as the case may be, the head of the executive agency at issue shall, except in the case of contracts for the procurement of routine goods or services in support of United States Government activities or operations within the People’s Republic of China or any Special Administrative Region thereof, consult with the Secretary of Commerce, unless such agency has independently determined the contract to be entered into or renewed would be denied as a result of being entered into or renewed with a— foreign person domiciled or having its principal place of business within the People’s Republic of China, or United States person such agency has reasonable grounds to believe is a corporate affiliate thereof; foreign or United States person with respect to whom such agency has reasonable grounds to believe the prohibitions or requirements under subsections
(a)or (b), as the case may be, likely apply; or foreign person whom the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, or any Member thereof, identifies in a written communication to such agency is likely subject to the prohibitions or requirements under subsections
(a)or (b), as the case may be. The President is authorized, upon 30 days prior written notification to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, to waive the prohibitions and requirements under subsections
(a)and (b), as the case may be, with respect to a person if the President determines that such prohibition or requirement, as the case may be, would negatively impact the national security or national interests of the United States. Not later than one year after the date of the enactment of this Act and annually thereafter for a period of five years or until such time as the President certifies in writing to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the mass arbitrary detainment of Turkic Muslims within the Xinjiang Uighur Autonomous Region has ceased, the President shall transmit to such committees a report that identifies each foreign person the President has determined is described in the prohibition under subsection
(a)or each United States person that has been denied a contract subject to the adverse consideration provided for under subsection
(b)and, in addition, an identification of each foreign person and United States person with respect to whom the President has authorized a waiver under subsection (d). Each report required under paragraph
(1)shall be transmitted in unclassified form but may contain a classified annex. In this section: The term executive agency has the meaning given such term in section 133 of title 41, United States Code, other than any element described in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). The term foreign person means any person, including any corporation, partnership, or other organization, that is not a United States person. The term United States person means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States or of any State or United States territory.
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Sec. 6
Restrictions on Federal procurement
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