H.R.3961 - To prohibit the Secretary of Defense from entering into software source code contracts with entities with certain relationships with China, and for other purposes. (119th Congress)
Summary
H.R.3961 aims to prevent the Department of Defense from contracting with entities that have close ties to China, specifically those involved in artificial intelligence research or those who allow China access to software source code. The bill focuses on national security concerns related to technology and data. It includes a waiver authority for the Secretary of Defense if deemed necessary for national security.
Expected Effects
The bill, if enacted, would restrict the pool of potential contractors for software source code used by the Department of Defense. This could lead to increased scrutiny of contractor relationships and potentially slower procurement processes. The law is set to expire after three years.
Potential Benefits
- Enhanced national security by reducing the risk of foreign access to sensitive software source code.
- Protection of intellectual property and prevention of reverse engineering by covered countries.
- Encouragement of domestic software development and innovation.
- Increased accountability and transparency in defense contracting.
- Mitigation of potential vulnerabilities in critical defense systems.
Most Benefited Areas:
Potential Disadvantages
- Potential limitation of competition in defense contracting, possibly leading to higher costs.
- Possible delays in software procurement due to increased vetting processes.
- Risk of hindering access to specialized expertise or technologies residing within affected entities.
- Potential for retaliatory measures from China affecting other sectors.
- Increased administrative burden on the Department of Defense to enforce compliance.
Constitutional Alignment
The bill aligns with the Constitution's objective to "provide for the common defence" (Preamble). Congress has the power to regulate commerce with foreign nations (Article I, Section 8, Clause 3) and to raise and support armies (Article I, Section 8, Clause 12). The bill's focus on national security and defense contracting falls within these enumerated powers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).