H.R. 10860: Stop Beijing’s Bots Act

This bill would restrict the Department of Defense from buying or using certain robotic systems linked to China, including some related equipment and services.

What the bill does

• Stops new purchases: One year after the bill becomes law, the Pentagon could no longer enter into or renew contracts to buy covered robotic systems, or equipment or services that include them.

• Limits use in sensitive settings: Two years after enactment, Defense Department elements could not operate covered robotic systems in “sensitive operational environments.”

• Restricts leasing and operation: The bill bars Defense Department funds from being used to lease or operate covered robotic systems, with the rule taking effect for new leases after one year and for continued operation of existing systems after three years.

Which systems are covered

The bill defines “covered robotic systems” broadly. It specifically includes:

• Quadrupedal robotic platforms made by companies incorporated in China.

• LiDAR sensors and modules made by certain entities on the Commerce Department Entity List or identified by the intelligence community as supporting China’s sensing and targeting capabilities.

• Wheeled and tracked unmanned ground vehicles made by companies incorporated in China.

• Any system or subcomponent that the Secretary of Defense determines is made by, or substantially uses technology from, a covered Chinese entity, or that poses an unacceptable national security risk.

Who counts as a covered Chinese entity

The bill uses a broad definition that includes entities that are domiciled in, headquartered in, based in, or organized under the laws of China. It also includes entities with at least a 20 percent ownership stake by such persons, or entities controlled by them.

Waiver process

The Secretary of Defense could temporarily waive the ban for up to 180 days at a time, but only if several conditions are met, including that there is no acceptable alternative, the system is essential to a mission, replacement would be too costly, risk-mitigation steps are in place, the system cannot transfer data to or from a covered foreign entity, and the system poses no national security cybersecurity risk. If a waiver is used, Congress must be notified within 30 days with details about the system, the reason for the waiver, the risk controls, and the plan for replacement.

Ongoing reviews

The Secretary of Defense would have to review the definition of covered robotic systems every year and also review Chinese entities operating in the United States that produce or sell these systems to decide whether they should be added to a Defense Department list of concern. Congress would have to be notified before any changes to that list.

Relevant Companies

• None found