Countering Communist China Act
This bill addresses issues related to China, tax incentives, and other topics.
The bill imposes visa- and property-blocking sanctions on certain entities and individuals that (1) are involved in acts of malign disinformation on behalf of a foreign government or political party, or (2) have engaged in a pattern of significant infringement of intellectual property belonging to a U.S. entity or individual. It also authorizes sanctions on developers and owners of software that makes unauthorized transmissions of user data to servers that are located in China and are accessible by China's government.
The bill also
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4792 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4792
To counter the malign influence and theft perpetuated by the People's
Republic of China and the Chinese Communist Party.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2021
Mr. Banks (for himself, Mr. Babin, Mr. Steube, Mr. Wilson of South
Carolina, Mrs. McClain, Mr. Garcia of California, Mr. Fitzgerald, Mrs.
Hinson, Mr. Norman, Mr. Keller, Mr. Duncan, Mr. Bergman, Mr. Murphy of
North Carolina, Mr. Crenshaw, Mr. Rouzer, Ms. Stefanik, Mr. Tiffany,
Mr. Palazzo, Mr. Austin Scott of Georgia, Mr. Cawthorn, Mr. Johnson of
Louisiana, Mrs. Harshbarger, Ms. Tenney, Mr. Rose, Mr. Johnson of South
Dakota, Mr. Barr, Mr. Green of Tennessee, Mr. Higgins of Louisiana,
Mrs. Hartzler, Mr. LaMalfa, Mr. Burchett, Mr. Hern, Mr. Reschenthaler,
and Mr. Arrington) introduced the following bill; which was referred to
the Committee on Foreign Affairs, and in addition to the Committees on
the Judiciary, Ways and Means, Oversight and Reform, Financial
Services, Energy and Commerce, Intelligence (Permanent Select),
Agriculture, Rules, Transportation and Infrastructure, Science, Space,
and Technology, Natural Resources, Education and Labor, and Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To counter the malign influence and theft perpetuated by the People's
Republic of China and the Chinese Communist Party.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Countering
Communist China Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Severability.
TITLE I--MATTERS RELATING TO COUNTERING CHINA'S MALIGN INFLUENCE
Sec. 101. Imposition of sanctions with respect to foreign persons that
knowingly spread malign disinformation as
part of or on behalf of a foreign
government or political party for purposes
of political warfare.
Sec. 102. Determination with respect to the imposition of sanctions on
the United Front Work Department of the
Chinese Communist Party.
Sec. 103. Authorities to regulate or prohibit mobile applications and
software programs that engage in theft or
unauthorized transmission of user data on
behalf of a communist country, foreign
adversary, or state sponsor of terrorism.
Sec. 104. Imposition of sanctions with respect to mobile applications
or software programs that engage in theft
or unauthorized transmission of user data.
Sec. 105. Determination with respect to the imposition of sanctions on
WeChat and TikTok.
Sec. 106. Prohibiting lobbying contacts by former Members of Congress
on behalf of communist countries.
Sec. 107. Annual disclosure of contributions from foreign governments
and political parties by certain tax-exempt
organizations.
Sec. 108. Position of sanctions with respect to senior officials of the
Chinese Communist Party.
Sec. 109. Determination with respect to the imposition of sanctions on
members of the CCP Politburo.
Sec. 110. Mandatory application of sanctions.
Sec. 111. Continuation in effect of certain export controls.
Sec. 112. Exclusion of Government of the People's Republic of China
from certain cultural exchanges.
Sec. 113. Prohibition on any TSP fund investing in entities based in
the People's Republic of China.
Sec. 114. Enactment of Executive order.
Sec. 115. Review by Committee on Foreign Investment in the United
States of greenfield investments by
People's Republic of China.
Sec. 116. Modification of authorities to regulate or prohibit the
importation or exportation of information
or informational materials containing
sensitive personal data under the
International Emergency Economic Powers
Act.
Sec. 117. Prohibiting the purchase of agricultural land located in the
United States.
TITLE II--MATTERS RELATING TO CHINA'S ROLE IN COVID-19
Sec. 201. Declassification of information related to the origin of
COVID-19.
Sec. 202. Amendment to Department of State rewards program.
Sec. 203. Executive strategy to seek reimbursement from China of funds
made available by the United States
Government to address COVID-19.
Sec. 204. Prohibition on use of funds to seek membership in the World
Health Organization or to provide assessed
or voluntary contributions to the World
Health Organization.
Sec. 205. Establishment of a joint select committee on the events and
activities surrounding China's handling of
the 2019 novel coronavirus.
Sec. 206. Membership.
Sec. 207. Investigation and report on the events surrounding China's
handling of the 2019 novel coronavirus.
Sec. 208. Powers.
Sec. 209. Staff; funding.
Sec. 210. Termination.
Sec. 211. Statement of policy.
Sec. 212. Amendments to the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991.
Sec. 213. Determination regarding the People's Republic of China.
Sec. 214. Regulatory authority.
Sec. 215. Appropriate congressional committees defined.
Sec. 216. Limitation on research by the National Science Foundation and
National Institutes of Health.
Sec. 217. Prohibition on certain human-animal chimeras.
Sec. 218. Technical amendment.
TITLE III--MATTERS RELATING TO MEDICAL AND NATIONAL SECURITY SUPPLY
CHAINS
Sec. 301. Report and recommendation on barriers to domestic
manufacturing of medical products.
Sec. 302. Tax incentives for relocating manufacturing of
pharmaceuticals and medical supplies and
devices to the United States.
Sec. 303. Principal negotiating objectives of the United States
relating to trade in covered pharmaceutical
products.
Sec. 304. Reauthorization of trade agreements authority.
Sec. 305. Securing essential medical materials.
Sec. 306. Investment in supply chain security.
Sec. 307. Permit process for projects relating to extraction, recovery,
or processing of critical materials.
TITLE IV--MATTERS RELATING TO RESEARCH AND DEVELOPMENT
Sec. 401. Permanent full expensing for qualified property.
Sec. 402. Research and experimental expenditures.
Sec. 403. Repeal and codification of certain Executive orders.
Sec. 404. Educational assistance exclusion from gross income increased.
Sec. 405. Research and experimental expenditures.
TITLE V--MATTERS RELATED TO EDUCATION
Subtitle A--Restrictions Relating to Foreign Funding of Educational
Institutions
Sec. 501. Restrictions on institutions partnering with the People's
Republic of China.
Sec. 502. Limiting exemption from foreign agent registration
requirement for persons engaging in
activities in furtherance of certain
pursuits to activities not promoting
political agenda of foreign governments.
Sec. 503. Reporting exchange visitor change in field of study.
Sec. 504. Reporting certain research program participation.
Sec. 505. Review and revocation of certain nonimmigrant visas.
Sec. 506. Annual report.
Subtitle B--Protecting Our Universities Act
Sec. 511. Sensitive research project list.
Sec. 512. Foreign student participation in sensitive research projects.
Sec. 513. Foreign entities.
Sec. 514. Enforcement.
Sec. 515. Definitions.
Subtitle C--Other Matters
Sec. 521. Report on China benefitting from United States taxpayer-
funded research.
Sec. 522. Conditions on Federal research grants.
Sec. 523. Protecting institutions, laboratories, and research
institutes.
Sec. 524. Registration of participants in foreign talent recruitment
programs of the People's Republic of China
as agents of the Government of the People's
Republic of China.
Sec. 525. Economic espionage.
Sec. 526. Department of State list of foreign talent recruitment
programs of the People's Republic of China.
Sec. 527. Definitions.
Sec. 528. Disclosure on certain visa applications.
Sec. 529. Review by Committee on Foreign Investment in the United
States of certain foreign gifts to and
contracts with institutions of higher
education.
Sec. 530. Disclosures of foreign gifts and contracts at institutions of
higher education.
TITLE VI--MATTERS RELATED TO DEMOCRACY, HUMAN RIGHTS AND TAIWAN
Sec. 601. Supporting a free and democratic China.
Sec. 602. American Institute in Taiwan.
Sec. 603. Prohibitions against undermining United States policy
regarding Taiwan.
Sec. 604. Negotiation of a free trade agreement with Taiwan.
Sec. 605. Introduction and fast track consideration of implementing
bill.
Sec. 606. Strategy to address genocide in the Xinjiang Uyghur
Autonomous Region.
Sec. 607. Sanctions with respect to individuals committing responsible
for or complicit in forced sterilizations,
forced abortions, or other sexual violence.
Sec. 608. Sense of Congress on the 2022 Winter Olympics.
Sec. 609. Limitations on funds made available for the United Nations
Population Fund.
Sec. 610. Prohibition on use of funds for abortions and involuntary
sterilizations.
Sec. 611. Prohibition on certain funding relating to provision of an
open platform for China.
Sec. 612. Establishment of new Mandarin Chinese language platforms of
the United States Agency for Global Media.
Sec. 613. Annual meetings of interparliamentary group between Congress
and Legislature of Taiwan.
Sec. 614. Prohibition on importation of goods made in the Xinjiang
Uyghur Autonomous Region.
TITLE VII--MATTERS RELATED TO DEFENSE
Sec. 701. Modification to use of emergency sanctions authorities
regarding Communist Chinese military
companies.
Sec. 702. Prohibition on use of funds to purchase goods or services
from Communist Chinese military companies.
Sec. 703. Enactment of Executive Order 13959.
Sec. 704. Inclusion of certain Chinese entities on the Annex to
Executive Order 13959.
Sec. 705. Arms exports to India.
TITLE VIII--MATTERS RELATED TO THE PROTECTION OF INTELLECTUAL PROPERTY
Sec. 801. Imposition of sanctions related to the theft of intellectual
property.
Sec. 802. Prohibition on use of funds.
Sec. 803. Prohibition on individuals with security clearances from
being employed by certain entities.
Sec. 804. Restriction on issuance of visas.
Sec. 805. Inter partes review.
Sec. 806. Post-grant review.
Sec. 807. Composition of post-grant review and inter partes review
panels.
Sec. 808. Reexamination of patents.
Sec. 809. Restoration of patents as property rights.
Sec. 810. Inventor protections.
Sec. 811. Registration of agent.
Sec. 812. Exception to sovereign immunity.
Sec. 813. Redress of theft of trade secrets extraterritorially.
Sec. 814. Restriction on Federal grants and other forms of assistance.
Sec. 815. Restriction on National Science Foundation grants and other
forms of assistance to Communist Chinese
military companies and their affiliates.
Sec. 816. Expanding inadmissibility on security and related grounds.
TITLE IX--MATTERS RELATED TO FINANCIAL SERVICES
Sec. 901. Opposition of the United States to an increase in the weight
of the Chinese renminbi in the special
drawing rights basket of the International
Monetary Fund.
Sec. 902. Sunset.
Sec. 903. Strengthening congressional oversight of special drawing
rights at the IMF.
Sec. 904. Prohibition on allocations for perpetrators of genocide and
state sponsors of terrorism without
congressional authorization.
Sec. 905. Opposition to quota increase for countries that undermine IMF
principles.
Sec. 906. Opposition of the United States to International Monetary
Fund loan to a country whose public debt is
not likely to be sustainable in the medium
term.
Sec. 907. Congressional notification with respect to exceptional access
lending.
Sec. 908. Condition on IMF quota increase for the People's Republic of
China.
Sec. 909. Ensuring non-discrimination with respect to travel policies
at the international financial
institutions.
Sec. 910. Testimony requirement.
Sec. 911. Statement of United States policy regarding the dollar.
Sec. 912. Report on dollar strategy.
Sec. 913. Sunset.
TITLE X--OFFSETS
Sec. 1001. Rescission of certain Federal funds appropriated for State,
city, local, and tribal governments.
TITLE XI--NATIONAL SECURITY AUTHORIZATIONS
Sec. 1101. Authorization to hire additional staff for the Office of
Foreign Asset Control of the Department of
the Treasury.
Sec. 1102. Authorization of appropriations for INDOPACOM unfunded
priorities.
Sec. 1103. Authorization to hire additional staff for the Office of
Customs and Border Protection force labor
activities.
Sec. 1104. Authorization for the Department of Justice's China
initiative.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The People's Republic of China and the Chinese
Communist Party represent the foremost national security threat
faced by the United States.
(2) The People's Republic of China and the Chinese
Communist Party are founded on the principles antithetical to
human freedom and dignity including Communism and
authoritarianism.
(3) The People's Republic of China and the Chinese
Communist Party seek to undermine free societies around the
world and establish an alternative world order rooted in
authoritarianism.
(4) In November 2012, at the 17th CCP Congress, General
Secretary Xi Jinping first announced his vision for achieving
``the Chinese dream of national rejuvenation'' and military and
economic dominance.
(5) The People's Republic of China currently has the
world's second-largest economy in terms of nominal GDP ($14.14
trillion) and the largest in terms of purchasing power parity
(PPP) GDP ($27.31 trillion). In 2000, the People's Republic of
China controlled only 4 percent of the global economy, and the
United States controlled 31 percent. Today, the People's
Republic of China stands at 15 percent and the United States'
share has dropped to 24 percent.
(6) The growth of the People's Republic of China's
centrally controlled economy has been fueled largely by tools
of economic coercion, including intellectual property theft and
economic espionage of U.S. companies. In 2019 alone, one in
five North American-based companies said that Chinese firms had
stolen their intellectual property (IP) within the last year.
(7) Former Secretary of Defense Mark Esper has stated that
the People's Republic of China ``is perpetrating the greatest
intellectual property theft in human history''.
(8) In addition to its economic aggression and military
modernization, the People's Republic of China conducts
political warfare and disinformation campaigns against the
United States and other democracies. It frequently targets
academia, the media, business, and cultural institutions to
suppress criticism and promote positive views of the CCP.
(9) The foremost victims of the People's Republic of China
and the Chinese Communist Party are the Chinese people who
continue to suffer under communist authoritarian rule.
(10) The People's Republic of China continues to perpetuate
a genocide against the Uyghur Muslims in Xinjiang province, in
addition to brutal crackdowns against the people of Tibet and
Hong Kong.
(11) The CCP continues to obfuscate the origins of the
COVID-19 pandemic which started in Wuhan, China and has refused
to allow an impartial international investigation into the
origins of the pandemic.
(12) Manifestations of expressions of racism, bigotry,
discrimination, anti-Asian rhetoric, and xenophobia against
people of Asian descent are contrary to the values we hold
dearest as Americans, counterproductive to countering the CCP's
malign influence, and denounced by the Congress of the United
States.
SEC. 3. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act, the
amendments made by this Act, and the application of such provision and
amendments to other persons or circumstances, shall not be affected.
TITLE I--MATTERS RELATING TO COUNTERING CHINA'S MALIGN INFLUENCE
SEC. 101. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT
KNOWINGLY SPREAD MALIGN DISINFORMATION AS PART OF OR ON
BEHALF OF A FOREIGN GOVERNMENT OR POLITICAL PARTY FOR
PURPOSES OF POLITICAL WARFARE.
(a) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (b) with respect to any foreign
person that the President determines knowingly commits a significant
act of malign disinformation on behalf of the government of a foreign
country or foreign political party that has the direct purpose or
effect of influencing political, diplomatic, or educational activities
in the United States for the purpose of harming--
(1) the national security or defense of the United States;
or
(2) the safety and security of any United States citizen or
alien lawfully admitted for permanent residence.
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
with respect to a foreign person determined by the President to
be subject to subsection (a) are the following:
(A) Asset blocking.--The President shall exercise
of all powers granted to the President by the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in
property of the foreign person if such property and
interests in property are in the United States, come
within the United States, or are or come within the
possession or control of a United States person.
(B) Inadmissibility of certain individuals.--
(i) Ineligibility for visas, admission, or
parole.--In the case of a foreign person who is
an individual, the foreign person is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--In the case of a
foreign person who is an individual,
the visa or other documentation issued
to the person shall be revoked,
regardless of when such visa or other
documentation is or was issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall--
(aa) take effect
immediately; and
(bb) automatically cancel
any other valid visa or entry
documentation that is in the
person's possession.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of any
regulation, license, or order issued to carry out paragraph
(1)(A) shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(3) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to
a foreign person who is an individual if admitting the person
into the United States is necessary to permit the United States
to comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(c) Waiver.--The President may, for one period not to exceed one
year, waive the application of sanctions imposed with respect to a
foreign person under this section if the President certifies to the
appropriate congressional committees not later than 15 days before such
waiver is to take effect that the waiver is vital to the national
security interests of the United States.
(d) Implementation Authority.--The President may exercise all
authorities provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
for purposes of carrying out this section.
(e) Regulatory Authority.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall promulgate such
regulations as are necessary for the implementation of this
section.
(2) Notification to congress.--Not less than 10 days before
the promulgation of regulations under paragraph (1), the
President shall notify and provide to the appropriate
congressional committees the proposed regulations and an
identification of the provisions of this section that the
regulations are implementing.
(f) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, the Committee on Ways and Means, and
the Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, the Committee on Finance,
and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) Person.--The term ``person'' means an individual or
entity.
(6) Property; interest in property.--The terms ``property''
and ``interest in property'' have the meanings given the terms
``property'' and ``property interest'', respectively, in
section 576.312 of title 31, Code of Federal Regulations, as in
effect on the day before the date of the enactment of this Act.
(7) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
(g) Sunset.--
(1) In general.--This section shall cease to be effective
beginning on January 1, 2025.
(2) Inapplicability.--Paragraph (1) shall not apply with
respect to sanctions imposed with respect to a foreign person
under this section before January 1, 2025.
SEC. 102. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON
THE UNITED FRONT WORK DEPARTMENT OF THE CHINESE COMMUNIST
PARTY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a determination, including a
detailed justification, on whether the United Front Work Department of
the Chinese Communist Party, or any component or official thereof,
meets the criteria for the application of sanctions pursuant to--
(1) section 101 of this Act;
(2) section 1263 of the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note);
(3) section 6 of the Uyghur Human Rights Policy Act of 2020
(Public Law 116-145; 22 U.S.C. 6901 note); or
(4) Executive Order 13694 (50 U.S.C. 1701 note; relating to
blocking property of certain persons engaged in significant
malicious cyber-enabled activities).
(b) Form.--The determination required by subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, the
Committee on Banking, Housing, and Urban Affairs, and the
Committee on the Judiciary of the Senate.
SEC. 103. AUTHORITIES TO REGULATE OR PROHIBIT MOBILE APPLICATIONS AND
SOFTWARE PROGRAMS THAT ENGAGE IN THEFT OR UNAUTHORIZED
TRANSMISSION OF USER DATA ON BEHALF OF A COMMUNIST
COUNTRY, FOREIGN ADVERSARY, OR STATE SPONSOR OF
TERRORISM.
Section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) Notwithstanding subsection (b), the authority granted to
the President by this section includes the authority to regulate or
prohibit transactions with a mobile application or software program
that--
``(A) engages in the theft or unauthorized transmission of
a user's data; and
``(B) provides to a covered country or covered foreign
political party access to such data.
``(2) In this subsection, the term `covered country' means any of
the following:
``(A) A communist country.
``(B) A foreign adversary.
``(C) A state sponsor of terrorism.
``(3) In this subsection:
``(A) The term `communist country' has the meaning given
such term in section 620(f)(1) of the Foreign Assistance Act of
1961 (22 U.S.C. 2370(f)(1)).
``(B) The term `covered foreign political party' means the
Chinese Communist Party (CCP).
``(C) The term `foreign adversary' has the meaning given
such term in Executive Order 13920, issued on May 1, 2020,
entitled `Securing the United States BulkPower System', and
including the list of foreign adversaries identified by the
Department of Energy's Office of Electricity pursuant to such
Executive Order on July 7, 2020, as in effect on January 19,
2021.
``(D) The term `state sponsor of terrorism' means a country
the government of which the Secretary of State determines has
repeatedly provided support for international terrorism
pursuant to--
``(i) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));
``(ii) section 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371);
``(iii) section 40 of the Arms Export Control Act
(22 U.S.C. 2780); or
``(iv) any other provision of law.''.
SEC. 104. IMPOSITION OF SANCTIONS WITH RESPECT TO MOBILE APPLICATIONS
OR SOFTWARE PROGRAMS THAT ENGAGE IN THEFT OR UNAUTHORIZED
TRANSMISSION OF USER DATA.
(a) Imposition of Sanctions.--Notwithstanding any other provision
of law, the President is authorized to impose the sanctions described
in subsection (b) with respect to any foreign person that the President
determines has developed, maintains, provides, owns, or controls a
mobile application or software program that--
(1) engages in the theft or unauthorized transmission of a
user's data to servers located in China; and
(2) provides to the Government of the People's Republic of
China (PRC), the Chinese Communist Party (CCP), or any person
owned by or controlled by the PRC or CCP access to such data.
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
with respect to a foreign person determined by the President to
be subject to subsection (a) are the following:
(A) Asset blocking.--The President shall exercise
of all powers granted to the President by the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in
property of the foreign person if such property and
interests in property are in the United States, come
within the United States, or are or come within the
possession or control of a United States person.
(B) Inadmissibility of certain individuals.--
(i) Ineligibility for visas, admission, or
parole.--In the case of a foreign person who is
an individual, the foreign person is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--In the case of a
foreign person who is an individual,
the visa or other documentation issued
to the person shall be revoked,
regardless of when such visa or other
documentation is or was issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall--
(aa) take effect
immediately; and
(bb) automatically cancel
any other valid visa or entry
documentation that is in the
person's possession.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations promulgated under subsection
(e) to implement this section to the same extent that such
penalties apply to a person that commits an unlawful act
described in section 206(a) of such Act.
(3) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to
a foreign person who is an individual if admitting the person
into the United States is necessary to permit the United States
to comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(c) Waiver.--The President may, on a case-by-case basis and for
periods not to exceed 180 days, waive the application of sanctions
imposed with respect to a foreign person under this section if the
President certifies to the appropriate congressional committees not
later than 15 days before such waiver is to take effect that the waiver
is vital to the national security interests of the United States.
(d) Implementation Authority.--The President may exercise all
authorities provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
for purposes of carrying out this section. The exceptions to the
President's authority described in section 203(b) of the International
Emergency Economic Powers Act, as amended by section 1, shall not apply
to the President's authority to exercise authorities under this
section.
(e) Regulatory Authority.--
(1) In general.--The President shall, not later than 180
days after the date of the enactment of this Act, prescribe
regulations as necessary for the implementation of this Act and
the amendments made by this Act.
(2) Notification to congress.--No later than 10 days before
the prescription of regulations under subsection (1), the
President shall notify the appropriate congressional committees
regarding the proposed regulations and the provisions this Act
and the amendments made by this Act that the regulations are
implementing.
(f) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(3)).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, the Committee on Ways and Means, and
the Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
SEC. 105. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON
WECHAT AND TIKTOK.
(a) Determination.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a determination, including a
detailed justification, regarding whether WeChat and TikTok, or any
component thereof, or any entity owned or controlled by WeChat,
satisfies the criteria for the application of sanctions pursuant to--
(1) section 105 of this Act; or
(2) Executive Order 13694 (50 U.S.C. 1701 note; relating to
blocking property of certain persons engaged in significant
malicious cyber-enabled activities).
(b) Form.--The determination required by subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, the
Committee on Banking, Housing, and Urban Affairs, and the
Committee on the Judiciary of the Senate.
SEC. 106. PROHIBITING LOBBYING CONTACTS BY FORMER MEMBERS OF CONGRESS
ON BEHALF OF COMMUNIST COUNTRIES.
(a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.) is amended by inserting after section 5 the following new
section:
``SEC. 5A. PROHIBITING LOBBYING CONTACTS BY FORMER MEMBERS OF CONGRESS
ON BEHALF OF COMMUNIST COUNTRIES.
``(a) Prohibition.--Notwithstanding any other provision of this
section, a former Member of Congress may not make a lobbying contact
under this Act, or any communication which would be a lobbying contact
under this Act if it were not disclosed under the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), on behalf
of a client which, at the time of the lobbying contact or
communication, is a Communist country or an entity owned or controlled
by a Communist country.
``(b) Penalty.--In addition to any other penalty 20 under this Act,
any person who violates subsection (a) shall be subject to a fine of
not more than $25,000 for 22 each such violation.
``(c) Definition.--In this section, a `Communist country' means a
country which is treated as a Communist country under section 620(f) of
the Foreign Assistance 26 Act of 1961 (22 U.S.C. 2370(f)).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to lobbying contacts under the Lobbying Disclosure
Act of 1995 which are made on or after the date of the enactment of
this Act.
SEC. 107. ANNUAL DISCLOSURE OF CONTRIBUTIONS FROM FOREIGN GOVERNMENTS
AND POLITICAL PARTIES BY CERTAIN TAX-EXEMPT
ORGANIZATIONS.
(a) Reporting Requirement.--Section 6033(b) of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of paragraph
(15), by redesignating paragraph (16) as paragraph (17) and by
inserting after paragraph (15) the following new paragraph:
``(16) with respect to each government of a foreign country
(within the meaning of section 1(e) of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611(e))) and each foreign
political party (within the meaning of section 1(f) of such Act
(22 U.S.C. 611(f)) which made aggregate contributions and gifts
to the organization during the year in excess of $50,000, the
name of such government or political party and such aggregate
amount, and''.
(b) Public Disclosure.--Section 6104 of such Code is amended by
adding at the end the following new subsection:
``(e) Public Disclosure of Certain Information.--The Secretary
shall make publicly available in a searchable database the following
information:
``(1) The information furnished under section 6033(b)(16)
of the Internal Revenue Code of 1986, as amended by this
section.
``(2) The name of the organization furnishing the
information described in paragraph (1).
``(3) The aggregate amount reported under such section as
having been received as contributions or gifts in each year
from the People's Republic of China and (stated separately)
from the Chinese Communist Party.''.
(c) Effective Date.--The amendments made by this section shall
apply to returns filed for taxable years beginning after the date of
the enactment of this Act.
SEC. 108. POSITION OF SANCTIONS WITH RESPECT TO SENIOR OFFICIALS OF THE
CHINESE COMMUNIST PARTY.
(a) Imposition of Sanctions.--Notwithstanding any other provision
of law, the President is authorized to impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines--
(1) is a senior official of the CCP, including a member of
the CCP Politburo; and
(2) has engaged in or provided support to or for--
(A) a malign disinformation campaign or political
warfare operation against the United States;
(B) the theft of intellectual property of a United
States person;
(C) threats or actions undermining the sovereignty
of Taiwan; and
(D) the forced closure or destruction of churches,
mosques, Buddhist temples or any other place of worship
in China, or religious practice of Christians, Muslims,
Buddhists or any other religious group in China.
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
with respect to a foreign person determined by the President to
be subject to subsection (a) are the following:
(A) Asset blocking.--The President shall exercise
of all powers granted to the President by the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in
property of the foreign person if such property and
interests in property are in the United States, come
within the United States, or are or come within the
possession or control of a United States person.
(B) Inadmissibility of certain individuals.--
(i) Ineligibility for visas, admission, or
parole.--Such a foreign person is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The visa or other
documentation issued to such a foreign
person shall be revoked, regardless of
when such visa or other documentation
is or was issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall--
(aa) take effect
immediately; and
(bb) automatically cancel
any other valid visa or entry
documentation that is in the
person's possession.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 24 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations promulgated under subsection
(f) to implement this section to the same extent that such
penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(3) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to
a foreign person who is an individual if admitting the person
into the United States is necessary to permit the United States
to comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(c) Waiver.--The President may, on a case-by-case basis and for one
period not to exceed one year, waive the application of sanctions
imposed with respect to a foreign person under this section if the
President certifies to the appropriate congressional committees not
later than 15 days before such waiver is to take effect that such
waiver is vital to the national security interests of the United
States.
(d) Termination of Sanctions.--The President may terminate the
application of sanctions under this section if the President determines
and reports to the appropriate congressional committees not later than
15 days before the termination takes effect that the President has
determined that the foreign person no longer is involved in any of the
activities described in subsection (a).
(e) Implementation Authority.--The President may exercise all
authorities provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
for purposes of carrying out this section.
(f) Regulatory Authority.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall promulgate
regulations as necessary for the implementation of this
section.
(2) Notification to congress.--Not later than 10 days
before the promulgation of regulations under paragraph (1), the
President shall notify and provide to the appropriate
congressional committees the proposed regulations and the
provisions of this section that such regulations are
implementing.
(g) Sunset.--
(1) In general.--This section shall terminate on January 1,
2025.
(2) Inapplicability.--Paragraph (1) shall not apply with
respect to sanctions imposed with respect to a foreign person
under this section before January 1, 2025.
(h) Definitions.--In this section:
(1) Admitted.--The term ``admitted'' has the meaning given
such term in section 101(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(3)).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, the Committee on Ways and Means, and
the Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a national or citizen of the United States
or lawfully admitted for permanent residence in the United
States.
SEC. 109. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON
MEMBERS OF THE CCP POLITBURO.
(a) Determination.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the appropriate
congressional committees a determination, including a detailed
justification, regarding whether any member of the Chinese Communist
Party (CCP) Politburo satisfies the criteria for the application of
sanctions pursuant to any of the following:
(1) Section 108 of this Act.
(2) Executive Order 13694 (50 U.S.C. 1701 note; relating to
blocking property of certain persons engaged in significant
malicious cyber-enabled activities).
(3) The Global Magnitsky Human Rights Accountability Act
(22 U.S.C. 2656 note).
(4) The Uyghur Human Rights and Policy Act of 2020 (Public
Law 116-145).
(5) The Hong Kong Human Rights and Democracy Act of 2019
(Public Law 116-76).
(b) Form.--The determination required by subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on the Judiciary of the Senate.
SEC. 110. MANDATORY APPLICATION OF SANCTIONS.
(a) In General.--No later than 180 days after the date of the
enactment of this Act, the President shall impose the sanctions
described in section 108 with respect to each individual specified in
subsection (b).
(b) Individuals and Organizations Described.--The individuals
specified in this subsection are the following:
(1) Wu Yingjie.
(2) Wang Yang.
(3) Han Zheng.
(4) Xia Baolong.
SEC. 111. CONTINUATION IN EFFECT OF CERTAIN EXPORT CONTROLS.
(a) Huawei Technologies Co. Ltd.--The Secretary of Commerce may not
remove Huawei Technologies Co. Ltd., or its subsidiaries and
affiliates, from the entity list or modify any of the licensing
policies pursuant to its designation on the entity list, including the
foreign direct product rule, unless the Secretary, with the concurrence
of the End-User Review Committee by a unanimous vote of such Committee,
certifies to the appropriate congressional committees that Huawei
Technologies Co. Ltd., and its subsidiaries and affiliates--
(1) have not engaged in activities that are contrary to
United States national security or foreign policy interests and
are unlikely to engage in such activities in the future; and
(2) are not owned, controlled, or influenced by the
Communist Party of China.
(b) Honor Device Co. Ltd.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Commerce--
(1) shall designate Honor Device Co. Ltd. for inclusion on
the entity list; and
(2) shall publish a notification with respect to such
designation in the Federal Register.
(c) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, and on a monthly basis thereafter,
the Secretary of Commerce shall submit to the appropriate
congressional committees a report that--
(A) identifies and describes all license
applications received by the Department of Commerce to
export, reexport, or transfer (in-country) items
subject to the Export Administration Regulations to--
(i) Huawei Technologies Co. Ltd., or its
subsidiaries and affiliates; or
(ii) Honor Device Co. Ltd; and
(B) identifies whether such license applications
were approved or denied.
(2) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(2) End-user review committee.--The term ``End-User Review
Committee'' means the End-User Review Committee described in
Supplement No. 9 to part 748 of the Export Administration
Regulations.
(3) Entity list.--The term ``entity list'' means the list
maintained by the Bureau of Industry and Security and set forth
in Supplement No. 4 to part 744 of the Export Administration
Regulations.
(4) Export administration regulations.--The term ``Export
Administration Regulations'' means subchapter C of chapter VII
of title 15, Code of Federal Regulations.
SEC. 112. EXCLUSION OF GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
FROM CERTAIN CULTURAL EXCHANGES.
Subsection (a) of section 108A of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2458a(a)) is amended by adding
at the end the following new paragraph:
``(3) For purposes of this section, the term `foreign
government' does not include the Government of the People's
Republic of China.''.
SEC. 113. PROHIBITION ON ANY TSP FUND INVESTING IN ENTITIES BASED IN
THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Section 8438 of title 5, United States Code, is
amended by adding at the end the following:
``(i) Notwithstanding any other provision of this section, no fund
established or overseen by the Board may include an investment in any
security of--
``(1) an entity based in the People's Republic of China; or
``(2) any subsidiary that is owned or operated by an entity
described in paragraph (1).''.
(b) Divestiture of Assets.--Not later than 30 days after the date
of enactment of this Act, the Federal Retirement Thrift Investment
Board established under section 8472(a) of title 5, United States Code,
shall--
(1) review whether any sums in the Thrift Savings Fund are
invested in violation of subsection (i) of section 8438 of that
title, as added by subsection (a) of this section;
(2) if any sums are invested in the manner described in
paragraph (1), divest those sums in a manner that is consistent
with the legal and fiduciary duties provided under chapter 84
of that title, or any other applicable provision of law; and
(3) reinvest any sums divested under paragraph (2) in
investments that do not violate subsection (i) of section 8438
of that title, as added by subsection (a) of this section.
(c) Prohibition on Investment of TSP Funds in Entities Based in the
People's Republic of China Through the TSP Mutual Fund Window.--Section
8438(b)(5) of title 5, United States Code, is amended by adding at the
end the following:
``(E) A mutual fund accessible through a mutual
fund window authorized under this paragraph may not
include an investment in any security of--
``(i) an entity based in the People's
Republic of China; or
``(ii) any subsidiary that is owned or
operated by an entity described in clause
(i).''.
SEC. 114. ENACTMENT OF EXECUTIVE ORDER.
(a) In General.--The provisions of Executive Order 13920 (85 Fed.
Reg. 26595; relating to securing the United States bulk-power system
(May 1, 2020)) (as in effect on May 1, 2020) are enacted into law.
(b) Publication.--In publishing this Act in slip form and in the
United States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall include
after the date of approval at the end an appendix setting forth the
text of the Executive order referred to in subsection (a) (as in effect
on May 1, 2020).
SEC. 115. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
STATES OF GREENFIELD INVESTMENTS BY PEOPLE'S REPUBLIC OF
CHINA.
(a) Inclusion in Definition of Covered Transaction.--Section
721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4))
is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``; and'' and
inserting a semicolon;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) any transaction described in
subparagraph (B)(vi) proposed or pending on or
after the date of the enactment of the
Countering Communist China Act.''; and
(2) in subparagraph (B), by adding at the end the
following:
``(vi) An investment by a foreign person
that--
``(I) involves--
``(aa) the completed or
planned purchase or lease by,
or a concession to, the foreign
person of private or public
real estate in the United
States; and
``(bb) the establishment of
a United States business to
operate a factory or other
facility on that real estate;
and
``(II) could result in control,
including through formal or informal
arrangements to act in concert, of that
United States business by--
``(aa) the Government of
the People's Republic of China;
``(bb) a person owned or
controlled by, or acting on
behalf of, that Government;
``(cc) an entity in which
that Government has, directly
or indirectly, including
through formal or informal
arrangements to act in concert,
a 5 percent or greater
interest;
``(dd) an entity in which
that Government has, directly
or indirectly, the right or
power to appoint, or approve
the appointment of, any members
of the board of directors,
board of supervisors, or an
equivalent governing body
(including external directors
and other individuals who
perform the duties usually
associated with such titles) or
officers (including the
president, senior vice
president, executive vice
president, and other
individuals who perform duties
normally associated with such
titles) of any other entity
that held, directly or
indirectly, including through
formal or informal arrangements
to act in concert, a 5 percent
or greater interest in the
entity in the preceding 3
years; or
``(ee) an entity in which
any members or officers
described in item (dd) of any
other entity holding, directly
or indirectly, including
through formal or informal
arrangements to act in concert,
a 5 percent or greater interest
in the entity are members of
the Chinese Communist Party or
have been members of the
Chinese Communist Party in the
preceding 3 years.''.
(b) Definition of Government of People's Republic of China.--
Section 721(a) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)) is amended--
(1) by redesignating paragraphs (8) through (13) as
paragraphs (9) through (14), respectively; and
(2) by inserting after paragraph (7) the following:
``(7) Government of people's republic of china.--The term
`Government of the People's Republic of China' includes the
national and subnational governments within the People's
Republic of China, including any departments, agencies, or
instrumentalities of such governments.''.
(c) Mandatory Filing of Declarations.--Section
721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50
U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the
following:
``(DD) Greenfield
investments by people's
republic of china.--The
parties to a covered
transaction described
in subsection
(a)(4)(B)(vi) shall
submit a declaration
described in subclause
(I) with respect to the
transaction.''.
SEC. 116. MODIFICATION OF AUTHORITIES TO REGULATE OR PROHIBIT THE
IMPORTATION OR EXPORTATION OF INFORMATION OR
INFORMATIONAL MATERIALS CONTAINING SENSITIVE PERSONAL
DATA UNDER THE INTERNATIONAL EMERGENCY ECONOMIC POWERS
ACT.
(a) In General.--Section 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1702) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``to regulate or prohibit, directly or
indirectly'' and inserting ``to directly regulate or
prohibit''; and
(B) in the first sentence of paragraph (3)--
(i) by striking ``but not limited to,'';
and
(ii) by inserting ``, but excluding
sensitive personal data''; and
(2) by adding at the end the following:
``(d) Sensitive Personal Data Defined.--In subsection (b)(3), the
term `sensitive personal data' means any of the following:
``(1) Personally identifiable information, including the
following:
``(A) Financial data that could be used to analyze
or determine an individual's financial distress or
hardship.
``(B) The set of data in a consumer report, as
defined under section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a), unless such data is obtained
from a consumer reporting agency for one or more
purposes identified in subsection (a) of such section.
``(C) The set of data in an application for health
insurance, long-term care insurance, professional
liability insurance, mortgage insurance, or life
insurance.
``(D) Data relating to the physical, mental, or
psychological health condition of an individual.
``(E) Non-public electronic communications,
including email, messaging, or chat communications,
between or among users of a United States business's
products or services if a primary purpose of such
product or service is to facilitate third-party user
communications.
``(F) Geolocation data collected using positioning
systems, cell phone towers, or WiFi access points such
as via a mobile application, vehicle GPS, other onboard
mapping tool, or wearable electronic device.
``(G) Biometric enrollment data including facial,
voice, retina/iris, and palm/fingerprint templates.
``(H) Data stored and processed for generating a
Federal, State, tribal, territorial, or other
government identification card.
``(I) Data concerning United States Government
personnel security clearance status.
``(J) The set of data in an application for a
United States Government personnel security clearance
or an application for employment in a position of
public trust.
``(2) Genetic information, which includes the results of an
individual's genetic tests, including any related genetic
sequencing data, whenever such results, in isolation or in
combination with previously released or publicly available
data, constitute identifiable data. Such results shall not
include data derived from databases maintained by the United
States Government and routinely provided to private parties for
purposes of research. For purposes of this paragraph, the term
`genetic test' has the meaning provided in section 2791(d)(17)
of the Public Health Service Act (42 U.S.C. 300gg-
91(d)(17)).''.
(b) Effective Date.--The amendments made by this section--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to any exercise of the authority
granted to the President under section 203 of the International
Emergency Economic Powers Act on or after such date of
enactment.
SEC. 117. PROHIBITING THE PURCHASE OF AGRICULTURAL LAND LOCATED IN THE
UNITED STATES.
The Secretary of Agriculture shall take such actions as may be
necessary to prohibit the purchase of agricultural land located in the
United States by companies owned, in full or in part, by the People's
Republic of China. Beginning on the date of the enactment of this Act,
agricultural land owned by the People's Republic of China or companies
owned, in full or in part, by the People's Republic of China shall not
be eligible for participation in programs administered by the Secretary
of Agriculture.
TITLE II--MATTERS RELATING TO CHINA'S ROLE IN COVID-19
SEC. 201. DECLASSIFICATION OF INFORMATION RELATED TO THE ORIGIN OF
COVID-19.
Not later than 90 days after the date of the enactment of this Act,
the Director of National Intelligence shall--
(1) declassify any and all information relating to
potential links between the Wuhan Institute of Virology and the
origin of the Coronavirus Disease 2019 (COVID-19), including--
(A) activities performed by the Wuhan Institute of
Virology with or on behalf of the People's Liberation
Army;
(B) coronavirus research or other related
activities performed at the Wuhan Institute of Virology
prior to the outbreak of COVID-19; and
(C) researchers at the Wuhan Institute of Virology
who fell ill in autumn 2019, including for any such
researcher--
(i) the researcher's name;
(ii) the researcher's symptoms;
(iii) the date of the onset of the
researcher's symptoms;
(iv) the researcher's role at the Wuhan
Institute of Virology;
(v) whether the researcher was involved
with or exposed to coronavirus research at the
Wuhan Institute of Virology;
(vi) whether the researcher visited a
hospital while they were ill; and
(vii) a description of any other actions
taken by the researcher that may suggest they
were experiencing a serious illness at the
time; and
(2) submit to Congress an unclassified report that
contains--
(A) all of the information described under
paragraph (1); and
(B) only such redactions as the Director determines
necessary to protect sources and methods.
SEC. 202. AMENDMENT TO DEPARTMENT OF STATE REWARDS PROGRAM.
Subsection (b) of section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended--
(1) in paragraph (12), by striking ``or'' after the
semicolon at the end;
(2) in paragraph (13), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new paragraph.
``(14) the identification of credible information regarding
the origins of COVID-19, or any person or entity involved in
the coverup of the origins of COVID-19, or the identification
of any person or entity that provides nonpublic information
related to gain of function research connected to Chinese
laboratories, including the Wuhan Institute of Virology, with
relation to coronaviruses that has been covered up by the
Government of China and the Chinese Communist Party.''.
SEC. 203. EXECUTIVE STRATEGY TO SEEK REIMBURSEMENT FROM CHINA OF FUNDS
MADE AVAILABLE BY THE UNITED STATES GOVERNMENT TO ADDRESS
COVID-19.
(a) Executive Strategy.--The President, in consultation with the
Secretary of the Treasury, and the Secretary of State, shall develop
and carry out a strategy to seek reimbursement from the People's
Republic of China of funds made available by the United States
Government to address COVID-19.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the President shall submit to the
appropriate congressional committees a report on the strategy required
under subsection (a) and its implementation.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on the
Budget, and the Committee on Ways and Means of the House of
Representatives;
(2) the Committee on Appropriations, the Committee on the
Budget, and the Committee on Finance of the Senate; and
(3) the Joint Economic Committee.
SEC. 204. PROHIBITION ON USE OF FUNDS TO SEEK MEMBERSHIP IN THE WORLD
HEALTH ORGANIZATION OR TO PROVIDE ASSESSED OR VOLUNTARY
CONTRIBUTIONS TO THE WORLD HEALTH ORGANIZATION.
(a) In General.--Notwithstanding any other provision of law, no
funds available to any Federal department or agency may be used to seek
membership by the United States in the World Health Organization or to
provide assessed or voluntary contributions to the World Health
Organization until such time as the President certifies to Congress
that the World Health Organization meets the conditions described in
subsection (b).
(b) Conditions Described.--The conditions described in this
subsection are the following:
(1) The World Health Organization has adopted meaningful
reforms to ensure that humanitarian assistance is not
politicized and is to be provided to those with the most need.
(2) The World Health Organization is not under the control
or significant malign influence of the Chinese Communist Party.
(3) The World Health Organization is not involved in a
coverup of the Chinese Communist Party's response to the COVID-
19 pandemic.
(4) The World Health Organization grants observer status to
Taiwan.
(5) The World Health Organization does not divert
humanitarian or medical supplies to Iran, North Korea, or
Syria.
(6) The World Health Organization has put in place
mechanisms to increase transparency and accountability in its
operations and eliminate waste, fraud, and abuse.
SEC. 205. ESTABLISHMENT OF A JOINT SELECT COMMITTEE ON THE EVENTS AND
ACTIVITIES SURROUNDING CHINA'S HANDLING OF THE 2019 NOVEL
CORONAVIRUS.
There is hereby established in the Senate and the House of
Representatives a joint select committee to be known as the ``Joint
Select Committee on the Events and Activities Surrounding China's
Handling of the 2019 Novel Coronavirus'' (hereafter referred to as the
``Joint Select Committee'').
SEC. 206. MEMBERSHIP.
(a) Selection and Appointment.--
(1) In general.--The Joint Select Committee shall be
composed of 20 Members of the House of Representatives and
Senate, of whom--
(A) 10 shall be Members of the House of
Representatives, of whom 5 shall be appointed by the
Speaker of the House of Representatives and 5 shall be
appointed by the minority leader of the House of
Representatives; and
(B) 10 shall be Senators, of whom 5 shall be
appointed by the majority leader of the Senate and 5
shall be appointed by the minority leader of the
Senate.
(2) Treatment of delegate and resident commissioner.--For
purposes of this section, a ``Member'' of the House of
Representatives includes a Delegate or Resident Commissioner to
the Congress.
(b) Co-Chairs.--Two of the members of the Joint Select Committee
shall serve as co-chairs of the Joint Select Committee, and shall be
appointed as follows:
(1) One shall be a Member of the House of Representatives,
who shall be appointed as co-chair by the Speaker of the House
of Representatives in consultation with the majority leader of
the Senate.
(2) One shall be a Senator, who shall be appointed as co-
chair by the minority leader of the Senate in consultation with
the minority leader of the House of Representatives.
(c) Vacancies.--A vacancy in the membership of the Joint Select
Committee (including a vacancy resulting because a member ceases to be
a Member of the House of Representatives or a Senator) shall not affect
its powers, and shall be filled not later than 14 calendar days after
the date on which the vacancy occurs in the same manner as the original
appointment was made.
(d) Deadlines.--Members of the Joint Select Committee and the co-
chairs of the Joint Select Committee shall be appointed not later than
14 calendar days after the date of the adoption of this concurrent
resolution.
SEC. 207. INVESTIGATION AND REPORT ON THE EVENTS SURROUNDING CHINA'S
HANDLING OF THE 2019 NOVEL CORONAVIRUS.
(a) Investigation and Report.--The Joint Select Committee is
authorized and directed to conduct a full and complete investigation
of, and to issue a final report to the House of Representatives and
Senate regarding, the following:
(1) The origins and causes of the 2019 novel coronavirus.
(2) All policies, decisions, and activities by China
regarding the origins and causes of such coronavirus.
(3) All policies, decisions, and activities by China in
response to the initial outbreak and spread of such
coronavirus.
(4) All policies, decisions, and activities by China to
suppress facts and information regarding the spread, origins,
causes, and transmission of such coronavirus, including efforts
to silence those making early warnings, punish whistleblowers,
and restrict freedom of information about such coronavirus.
(5) All policies, decisions, and activities by China to
spread misinformation regarding the origins and causes of such
coronavirus, including accusations and misinformation that the
coronavirus was brought to the city of Wuhan by the United
States military.
(6) All policies, decisions, and activities by China to
sideline, deny, and suppress charitable service organizations,
institutions of civil society, secular and faith-based non-
governmental organizations, international humanitarian
organizations, and foreign governments offering to provide
information, expertise, resources, and assistance to China and
the Chinese people to combat such coronavirus.
(7) Accountability for policies, decisions and activities
related to influencing the World Health Organization's response
to the outbreak of such coronavirus, including individuals and
entities responsible for those policies, decisions, and
activities.
(8) All policies, decisions, and activities by China to
manufacture, produce, procure, possess, or hoard personal
protective equipment and critical pharmaceutical components to
manipulate or weaponize the supply chain against the
international community, including the United States.
(9) Vulnerabilities in the United States domestic and
global supply chain to combat a global pandemic due to reliance
on Chinese manufacturing and recommendations for decreasing
dependence on Chinese manufacturing by improving and securing a
domestic supply chain for antibiotics, viral drugs, critical
pharmaceutical components, masks, and other personal protective
equipment.
(10) Information related to lessons learned from China's
handling of such coronavirus.
(11) Any other relevant issues relating to China's actions
that led to further spread of such coronavirus, China's
response to such coronavirus, or the investigation by the Joint
Select Committee into China regarding such coronavirus.
(12) Any recommendations to Congress and the executive
branch regarding actions the United States government should
take in response to China's handling of such coronavirus.
(b) Transfer of Records.--At the request of the co-chairs of the
Joint Select Committee, any standing committee of the Senate or House
of Representatives having custody of records in any form relating to
the matters described in subsection (a) shall transfer such records to
the Joint Select Committee.
(c) Interim Reports.--In addition to the final report issued under
subsection (a), the Joint Select Committee may issue such interim
reports as it considers necessary.
(d) Classified Annex.--The Joint Select Committee may include a
classified annex in any report issued under this section.
(e) Definitions.--
(1) China.--In this section, the term ``China'' means the
Government of the People's Republic of China and any of the
following:
(A) An official of the Chinese Communist Party.
(B) An official of the Government of the People's
Republic of China.
(C) An agent or instrumentality of the Government
of the People's Republic of China.
(D) Any other person owned or controlled by or
acting on behalf of any person described in
subparagraphs (A) through (C).
(2) 2019 novel coronavirus.--In this subsection, the term
``2019 novel coronavirus'' means the coronavirus disease
(COVID-19) and severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2).
SEC. 208. POWERS.
(a) Hearings and Other Activities.--For the purpose of carrying out
its duties, the Joint Select Committee may hold such hearings and
undertake such other activities as the Joint Select Committee
determines to be necessary to carry out its duties, whether the
Congress is in session, has recessed, or has adjourned.
(b) Authority to Use Subpoenas.--The Joint Select Committee may
require by subpoena the attendance of such witnesses and the production
of such books, papers, and documents, as it considers appropriate.
(c) Access to Legislative Branch Services.--The Joint Select
Committee shall have access to the services of the Government
Accountability Office, the Congressional Budget Office, and the
Congressional Research Service in the same manner and under the same
terms and conditions as any standing committee of the House of
Representatives or Senate.
(d) Adoption of Rules.--Not later than 7 days after all of its
members have been appointed, the Joint Select Committee shall adopt
rules governing its operations, including rules governing the issuance
of subpoenas and rules governing the use of official funds for travel
by members and staff, and shall submit such rules to the Clerk of the
House of Representatives and Secretary of the Senate for publication in
the Congressional Record.
SEC. 209. STAFF; FUNDING.
(a) Staff.--
(1) Use of existing staff.--To the greatest extent
practicable, the Joint Select Committee shall utilize the
services of staff of employing offices of the Senate and House
of Representatives.
(2) Authority to appoint staff.--
(A) In general.--Each of the co-chairs of the Joint
Select Committee may appoint, prescribe the duties and
responsibilities of, and fix the pay of such staff as
the co-chair considers appropriate to assist the Joint
Select Committee in carrying out its duties, so long as
the number of staff appointed by one of the co-chairs
does not exceed the number of staff appointed by the
other co-chair.
(B) Detail of congressional employees.--Upon the
joint request of the co-chairs, the head of an
employing office of the House of Representatives or
Senate (including a joint committee of the Congress) is
authorized to detail, without reimbursement, any of the
staff of the office to the Joint Select Committee to
assist the Joint Select Committee in carrying out its
duties.
(3) Experts and consultants.--Section 202(i) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 4301(i)) shall
apply with respect to the Joint Select Committee in the same
manner as such section applies with respect to a standing
committee of the Senate, except that any consultant whose
services are procured by the Joint Select Committee shall be
selected jointly by the co-chairs of the Joint Select
Committee.
(b) Funding.--
(1) Vouchers.--Payments for expenses of the Joint Select
Committee shall be made using vouchers authorized by the Joint
Select Committee, signed by co-chairs of the Joint Select
Committee, and approved in a manner directed by the Committee
on Rules and Administration of the Senate and the Committee on
House Administration of the House of Representatives.
(2) Source of funds.--There are authorized to be
appropriated such sums as may be necessary for the operation of
the Joint Select Committee, of which--
(A) 50 percent shall be derived from the applicable
accounts of the House of Representatives; and
(B) 50 percent shall be derived from the contingent
fund of the Senate.
SEC. 210. TERMINATION.
(a) Termination Date.--The Joint Select Committee shall terminate
30 days after filing the final report required under section 207.
(b) Transfer of Records.--Upon termination of the Joint Select
Committee, the records of the Joint Select Committee shall be
transferred to--
(1) such committee or committees of the House of
Representatives as may be designated by the Speaker of the
House of Representatives; and
(2) such committee or committees of the Senate as my be
designated by the President pro tempore of the Senate.
SEC. 211. STATEMENT OF POLICY.
It shall be the policy of the United States to impose sanctions
against governments of foreign states, and take other measures if the
governments of such foreign states engage in an act or acts of gross
negligence with respect to state owned, operated, or directed chemical
or biological programs.
SEC. 212. AMENDMENTS TO THE CHEMICAL AND BIOLOGICAL WEAPONS CONTROL AND
WARFARE ELIMINATION ACT OF 1991.
(a) Purposes and Definitions.--Section 502 of the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991 (22
U.S.C. 5601) is amended--
(1) in the section heading, by adding at the end before the
period the following: ``and definitions'';
(2) by striking ``The purposes'' and inserting ``(a)
Purposes.--The purposes'';
(3) in paragraph (1)--
(A) by striking ``or use'' and insert ``use''; and
(B) by inserting ``, or engage in an act or acts of
gross negligence with respect to a chemical or
biological program owned, controlled, or directed by,
or subject to the jurisdiction of the government of a
foreign state'' after ``nationals''; and
(4) by adding at the end the following:
``(b) Definitions.--In this Act:
``(1) Gross negligence.--The term `gross negligence', with
respect to an act or acts of a government of a foreign state,
includes the government knew, or should have known, the act or
acts would result in injury or damages to another foreign state
or other such foreign states.
``(2) Foreign state.--The term `foreign state'--
``(A)(i) has the meaning given that term in
subsection (a) of section 1603 of title 28, United
States Code; and
``(ii) includes an `agency or instrumentality of a
foreign state' as that term is defined in subsection
(b) of such section; and
``(B) includes an entity that is--
``(i)(I) directly or indirectly owned,
controlled, or beneficially owned by, or in an
official or unofficial capacity acting as an
agent of or on behalf of, the government of a
foreign state; or
``(II) received significant material
support from the government of a foreign state;
and
``(ii) engaged in providing commercial
services, shipping, manufacturing, producing,
or exporting.''.
(b) Determinations Regarding Use of Chemical or Biological
Weapons.--Section 506 of the Chemical and Biological Weapons Control
and Warfare Elimination Act of 1991 (22 U.S.C. 5604) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (3) as paragraph
(4);
(B) by inserting after paragraph (2) the following:
``(3) Additional determination by the president.--
``(A) When determination required; nature of
determination.--Whenever credible information becomes
available to the executive branch indicating a
substantial possibility that, on or after January 1,
2020, the government of a foreign country has engaged
in an act or acts of gross negligence with respect to a
chemical or biological program owned, controlled, or
directed by, or subject to the jurisdiction of the
government of a foreign state, the President shall,
within 60 days after the receipt of such information by
the executive branch, determine whether that
government, on or after such date, has engaged in an
act or acts of gross negligence with respect to a
chemical or biological program owned, controlled, or
directed by, or subject to the jurisdiction of the
government of a foreign state. Section 507 applies if
the President determines that that government has so
engaged in such act or acts of gross negligence.
``(B) Matters to be considered.--In making the
determination under subparagraph (A), the President
shall consider the following:
``(i) All physical and circumstantial
evidence available bearing on the possibility
that the government in question engaged in an
act or acts of gross negligence with respect to
a chemical or biological program owned,
controlled, or directed by, or subject to the
jurisdiction of the government of a foreign
state.
``(ii) Whether evidence exists that such
program or programs have civilian and military
purposes or applications.
``(iii) Whether the government in question
attempted to conceal or otherwise withhold
information from other governments or
international organizations regarding an act or
acts of gross negligence.
``(iv) Whether, and to what extent, the
government in question is compliant with its
obligations under the Biological and Toxin
Weapons Convention or Convention on the
Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on
their Destruction, as applicable.
``(v) Whether, and to what extent, the
government in question is providing or
otherwise voluntarily disclosing substantive
information to relevant international
organizations.''; and
(C) in paragraph (4) (as redesignated)--
(i) in the first sentence, by inserting
``or (3)'' after ``paragraph (1)'';
(ii) in the second sentence, by inserting
``under paragraph (1)'' after
``determination''; and
(iii) by adding at the end the following:
``If the determination under paragraph (3) is
that a foreign government had engaged in an act
or acts of gross negligence with respect to a
chemical or biological program owned,
controlled, or directed by, or subject to the
jurisdiction of the government of a foreign
state, the report shall specify the sanctions
to be imposed pursuant to section 507A.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``whether a particular
foreign government'' and inserting the
following: ``whether--
``(A) a particular foreign government'';
(ii) by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(B) a particular foreign government, on or after
January 1, 2020, has engaged in an act of acts of gross
negligence with respect to a chemical or biological
program owned, controlled, or directed by, or subject
to the jurisdiction of the government of a foreign
state.''; and
(B) in paragraph (2)--
(i) in the first sentence--
(I) by striking ``whether the
specified government'' and inserting
the following: ``whether--
``(A) the specified government'';
(II) by striking the period at the
end and inserting ``; or''; and
(III) by adding at the end the
following:
``(B) the specified government, on or after January
1, 2020, has engaged in an act or acts of gross
negligence with respect to a chemical or biological
program owned, controlled, or directed by, or subject
to the jurisdiction of the government of a foreign
state.''; and
(ii) in the second sentence--
(I) by inserting ``or (3)(B), as
applicable'' after ``subsection
(a)(2)''; and
(II) by moving the margin of the
second sentence so it has the same
level of indentation as margin of the
matter preceding subparagraph (A) of
the first sentence.
(c) Sanctions Against Foreign States With Respect to Chemical or
Biological Programs.--The Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 (22 U.S.C. 5601 et seq.) is amended by
inserting after section 507 the following:
``SEC. 507A. SANCTIONS AGAINST FOREIGN STATES WITH RESPECT TO CHEMICAL
OR BIOLOGICAL PROGRAMS.
``(a) Initial Sanctions.--
``(1) In general.--If the President makes a determination
pursuant to section 506(a)(3) with respect to the government of
a foreign state, the President shall, within 30 days of making
such determination, impose the sanctions described in paragraph
(2) with respect to the foreign state.
``(2) Sanctions described.--The sanctions described in this
paragraph are the following:
``(A) The United States Government shall suspend
all scientific cooperative programs and efforts with
the government of the foreign state.
``(B) The President shall prohibit the export to
the foreign state of any goods, services or technology
under Category 1 and Category 2 of the Commerce Control
List.
``(C) The United States Government may not procure,
or enter into any contract for the procurement of, any
goods or services from any person operating in the
chemical or biological sectors of the foreign state.
``(b) Intermediate Application of Sanctions.--
``(1) Determination.--Not later than 120 days after making
a determination pursuant to section 506(a)(3) with respect to a
government of a foreign state, the President shall submit to
the appropriate congressional committees a determination as to
whether--
``(A) such government has adequately addressed an
act an act or acts of gross negligence with respect to
a chemical or biological program owned, controlled, or
directed by, or subject to the jurisdiction of the
government of a foreign state;
``(B) such government has developed or is
developing necessary measures to prevent any future act
or acts of gross negligence;
``(C) such government is providing or otherwise
voluntarily disclosing substantive information to the
United States and relevant international organizations;
and
``(D) such government is compliant with its
obligations under the Biological and Toxin Weapons
Convention or the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of
Chemical Weapons and on their Destruction, as
applicable.
``(2) Effect of determination.--If the President is unable
to certify that a government of a foreign state has taken the
actions described in subparagraphs (A), (B), (C), and (D) of
paragraph (1), the President shall impose 2 or more of the
sanctions described in paragraph (3) with respect to the
government of the foreign state.
``(3) Sanctions described.--The sanctions described in this
paragraph are the following:
``(A) The United States Government shall terminate
assistance to the government of the foreign state under
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.), except for urgent humanitarian assistance and
food or other agricultural commodities or products.
``(B) No sales of any defense articles, defense
services, or design and construction services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) may be
made to the government of the foreign state.
``(C) No licenses for export of any item on the
United States Munitions List that include the
government of the foreign state as a party to the
license may be granted.
``(D) No exports of any goods or technologies
controlled for national security reasons under the
Export Administration Regulations may be made to the
government of the foreign state, except that such
prohibition shall not apply to any transaction subject
to the reporting requirements of title V of the
National Security Act of 1947 (50 U.S.C. 413 et seq.;
relating to congressional oversight of intelligence
activities).
``(E) The President may order the United States
Government not to issue any specific license and not to
grant any other specific permission or authority to
export any goods or technology to the government of the
foreign state under--
``(i) the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.);
``(ii) the Arms Export Control Act (22
U.S.C. 2751 et seq.);
``(iii) the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.); or
``(iv) any other statute that requires the
prior review and approval of the United States
Government as a condition for the export or
reexport of goods or services.
``(c) Final Application of Sanctions.--
``(1) Determination.--Not later than 210 days after making
a determination pursuant to section 506(a)(3) with respect to a
government of a foreign state, the President shall submit to
the appropriate congressional committees a determination as to
whether the government of the foreign state has taken the
actions described in subparagraphs (A), (B), (C), and (D) of
subsection (b)(1).
``(2) Effect of determination.--If the President is unable
to certify that a government of a foreign state has taken the
actions described in subparagraphs (A), (B), (C), and (D) of
subsection (b)(1), the President shall impose the sanctions
described in paragraph (3) with respect to the government of
the foreign state.
``(3) Sanctions.--The sanctions described in this paragraph
are the following:
``(A) The President shall, pursuant to such
regulations as the President may prescribe, prohibit
any transactions in foreign exchange that are subject
to the jurisdiction of the United States and in which
the government of the foreign state has any interest.
``(B) The President shall, pursuant to such
regulations as the President may prescribe, prohibit
any transfers of credit or payments between one or more
financial institutions or by, through, or to any
financial institution, to the extent that such
transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the
government of the foreign state.
``(d) Removal of Sanctions.--The President shall remove the
sanctions imposed with respect to the government of a foreign state
pursuant to this section if the President determines and so certifies
to the Congress, after the end of the 12-month period beginning on the
date on which sanctions were initially imposed on that government of a
foreign state pursuant to subsection (a), that--
``(1) such government has adequately addressed an act an
act or acts of gross negligence with respect to a chemical or
biological program owned, controlled, or directed by, or
subject to the jurisdiction of the government of a foreign
state;
``(2) such government has developed or is developing
necessary measures to prevent any future act or acts of gross
negligence;
``(3) such government is providing or otherwise voluntarily
disclosing substantive information to the United States and
relevant international organizations;
``(4) such government is compliant with its obligations
under the Biological and Toxin Weapons Convention or Convention
on the Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on their Destruction, as
applicable; and
``(5) such government is making restitution to those
affected by an act or acts of gross negligence with respect to
a chemical or biological program owned, controlled, or directed
by, or subject to the jurisdiction of the government of a
foreign state, including United States persons.
``(e) Waiver.--
``(1) In general.--The President may, for periods not to
exceed 180 days, waive the imposition of sanctions under this
section if the President certifies to the appropriate
congressional committees that such waiver is vital to the
national security interests of the United States.
``(2) Sunset.--The President may not exercise the authority
described in paragraph (1) beginning on the date that is 4
years after the date of enactment of this section.
``(f) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
``(2) the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate.''.
SEC. 213. DETERMINATION REGARDING THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall determine whether reasonable
grounds exist for concluding that the Government of the People's
Republic of China meets the criteria for engaging in an act or acts of
gross negligence with respect to a chemical or biological program
owned, controlled, or directed by, or subject to the jurisdiction of
that government under section 506(a)(3) of the Chemical and Biological
Weapons Control and Warfare Elimination Act of 1991, as amended by
section 3 of this Act.
(b) Report Required.--
(1) In general.--Not later than 30 days after making a
determination under subsection (a), the President shall submit
to the appropriate congressional committees a report that
includes the reasons for the determination.
(2) Form.--A report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 214. REGULATORY AUTHORITY.
(a) In General.--The President shall, not later than 180 days after
the date of the enactment of this Act, prescribe regulations as
necessary for the implementation of sections 212 and 213 of this Act
and the amendments made by this Act.
(b) Notification to Congress.--Not later than 10 days before the
prescription of regulations under subsection (a), the President shall
notify the appropriate congressional committees regarding the proposed
regulations and the provisions of this Act and the amendments made by
this Act that the regulations are implementing.
SEC. 215. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 216. LIMITATION ON RESEARCH BY THE NATIONAL SCIENCE FOUNDATION AND
NATIONAL INSTITUTES OF HEALTH.
Notwithstanding any other provision of law, none of the activities
authorized for the National Science Foundation and National Institutes
of Health may include, conduct, or support any research--
(1) using fetal tissue obtained from an induced abortion or
any derivatives thereof,
(2) in which a human embryo is created or destroyed,
discarded, or put at risk of injury,
(3) in which an embryo-like entity is created wholly or in
part from human cells or components,
(4) in which a human embryo is intentionally created or
modified to include a heritable genetic modification, or
(5) using any stem cell the derivation of which would be
inconsistent with the standards established herein.
SEC. 217. PROHIBITION ON CERTAIN HUMAN-ANIMAL CHIMERAS.
Part I of title 18, United States Code, is amended by inserting
after chapter 51 the following:
``CHAPTER 52--CERTAIN TYPES OF HUMAN-ANIMAL CHIMERAS PROHIBITED
``Sec.
``1131. Definitions.
``1132. Prohibition on certain human-animal chimeras.
``Sec. 1131. Definitions
``In this chapter the following definitions apply:
``(1) Prohibited human-animal chimera.--The term
`prohibited human-animal chimera' means--
``(A) a human embryo into which a nonhuman cell or
cells (or the component parts thereof) have been
introduced to render the embryo's membership in the
species Homo sapiens uncertain;
``(B) a human-animal embryo produced by fertilizing
a human egg with nonhuman sperm;
``(C) a human-animal embryo produced by fertilizing
a nonhuman egg with human sperm;
``(D) an embryo produced by introducing a nonhuman
nucleus into a human egg;
``(E) an embryo produced by introducing a human
nucleus into a nonhuman egg;
``(F) an embryo containing at least haploid sets of
chromosomes from both a human and a nonhuman life form;
``(G) a nonhuman life form engineered such that
human gametes develop within the body of a nonhuman
life form;
``(H) a nonhuman life form engineered such that it
contains a human brain or a brain derived wholly or
predominantly from human neural tissues;
``(I) a nonhuman life form engineered such that it
exhibits human facial features or other bodily
morphologies to resemble human features; or
``(J) an embryo produced by mixing human and
nonhuman cells, such that--
``(i) human gametes develop within the body
of the resultant organism;
``(ii) it contains a human brain or a brain
derived wholly or predominantly from human
neural tissues; or
``(iii) it exhibits human facial features
or other bodily morphologies to resemble human
features.
``(2) Human embryo.--The term `human embryo' means an
organism of the species Homo sapiens during the earliest stages
of development, from 1 cell up to 8 weeks.
``Sec. 1132. Prohibition on certain human-animal chimeras
``(a) In General.--It shall be unlawful for any person to
knowingly, in or otherwise affecting interstate commerce--
``(1) create or attempt to create a prohibited human-animal
chimera;
``(2) transfer or attempt to transfer a human embryo into a
nonhuman womb;
``(3) transfer or attempt to transfer a nonhuman embryo
into a human womb; or
``(4) transport or receive for any purpose a prohibited
human-animal chimera.
``(b) Penalties.--
``(1) In general.--Whoever violates subsection (a) shall be
fined under this title, imprisoned not more than 10 years, or
both.
``(2) Civil penalty.--Whoever violates subsection (a) and
derives pecuniary gain from such violation shall be subject to
a civil fine of the greater of $1,000,000 and an amount equal
to the amount of the gross gain multiplied by 2.
``(c) Rule of Construction.--This section does not prohibit
research involving the use of transgenic animal models containing human
genes or transplantation of human organs, tissues, or cells into
recipient animals, if such activities are not prohibited under
subsection (a).''.
SEC. 218. TECHNICAL AMENDMENT.
The table of chapters for part I of title 18, United States Code,
is amended by inserting after the item relating to chapter 51 the
following:
``52. Certain Types of Human-Animal Chimeras Prohibited..... 1131''.
TITLE III--MATTERS RELATING TO MEDICAL AND NATIONAL SECURITY SUPPLY
CHAINS
SEC. 301. REPORT AND RECOMMENDATION ON BARRIERS TO DOMESTIC
MANUFACTURING OF MEDICAL PRODUCTS.
(a) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
(in this section referred to as the ``Secretary''), acting through the
Commissioner of Food and Drugs, shall submit to Congress a report on
barriers, including regulatory inefficiencies, to domestic
manufacturing of active pharmaceutical ingredients, finished drug
products, and devices that are--
(1) imported from outside of the United States; and
(2) critical to the public health during a public health
emergency declared by the Secretary under section 319 of the
Public Health Service Act (42 U.S.C. 247d).
(b) Content.--Such report shall--
(1) identify factors that limit the manufacturing of active
pharmaceutical ingredients, finished drug products, and devices
described in subsection (a); and
(2) recommend specific strategies to overcome the
challenges identified under paragraph (1).
(c) Implementation.--The Secretary may, to the extent appropriate,
implement the strategies recommended under subsection (b)(2).
(d) Definition.--In this section, the term ``active pharmaceutical
ingredient'' has the meaning given to such term in section 744A of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-41).
SEC. 302. TAX INCENTIVES FOR RELOCATING MANUFACTURING OF
PHARMACEUTICALS AND MEDICAL SUPPLIES AND DEVICES TO THE
UNITED STATES.
(a) Accelerated Depreciation for Nonresidential Real Property.--
Section 168 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new subsection:
``(n) Accelerated Depreciation for Nonresidential Real Property
Acquired in Connection With the Relocation of Manufacturing of
Pharmaceuticals and Medical Supplies and Devices to the United
States.--
``(1) Treatment as 20-year property.--For purposes of this
section, qualified nonresidential real property shall be
treated as 20-year property.
``(2) Application of bonus depreciation.--For application
of bonus depreciation to qualified nonresidential real
property, see subsection (k).
``(3) Qualified nonresidential real property.--For purposes
of this subsection, the term `qualified nonresidential real
property' means nonresidential real property placed in service
in the United States by a qualified manufacturer if such
property is acquired by such qualified manufacturer in
connection with a qualified relocation of manufacturing.
``(4) Qualified manufacturer.--For purposes of this
subsection, the term `qualified manufacturer' means any person
engaged in the trade or business of manufacturing a qualified
medical product.
``(5) Qualified medical product.--For purposes of this
subsection, the term `qualified medical product' means any
pharmaceutical, medical device, or medical supply.
``(6) Qualified relocation of manufacturing.--For purposes
of this subsection--
``(A) In general.--The term `qualified relocation
of manufacturing' means, with respect to any qualified
manufacturer, the relocation of the manufacturing of a
qualified medical product from a foreign country to the
United States.
``(B) Relocation of property not required.--For
purposes of subparagraph (A), manufacturing shall not
fail to be treated as relocated merely because property
used in such manufacturing was not relocated.
``(C) Relocation of not less than equivalent
productive capacity required.--For purposes of
subparagraph (A), manufacturing shall not be treated as
relocated unless the property manufactured in the
United States is substantially identical to the
property previously manufactured in a foreign country
and the increase in the units of production of such
property in the United States by the qualified
manufacturer is not less than the reduction in the
units of production of such property in such foreign
country by such qualified manufacturer.
``(7) Application to possessions of the united states.--For
purposes of this subsection, the term `United States' includes
any possession of the United States.''.
(b) Exclusion of Gain on Disposition of Property in Connection With
Qualified Relocation of Manufacturing.--
(1) In general.--Part III of subchapter B of chapter 1 of
such Code is amended by inserting after section 139H the
following new section:
``SEC. 139I. EXCLUSION OF GAIN ON DISPOSITION OF PROPERTY IN CONNECTION
WITH QUALIFIED RELOCATION OF MANUFACTURING.
``(a) In General.--In the case of a qualified manufacturer, gross
income shall not include gain from the sale or exchange of qualified
relocation disposition property.
``(b) Qualified Relocation Disposition Property.--For purposes of
this section, the term `qualified relocation disposition property'
means any property which--
``(1) is sold or exchanged by a qualified manufacturer in
connection with a qualified relocation of manufacturing, and
``(2) was used by such qualified manufacturer in the trade
or business of manufacturing a qualified medical product in the
foreign country from which such manufacturing is being
relocated.
``(c) Other Terms.--Terms used in this section which are also used
in subsection (n) of section 168 shall have the same meaning when used
in this section as when used in such subsection.''.
(2) Clerical amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 139H the following
new item:
``Sec. 139I. Exclusion of gain on disposition of property in connection
with qualified relocation of
manufacturing.''.
(c) Effective Dates.--
(1) Accelerated depreciation.--The amendment made by
subsection (a) shall apply to property placed in service after
the date of the enactment of this Act.
(2) Exclusion of gain.--The amendments made by subsection
(b) shall apply to sales and exchanges after the date of the
enactment of this Act.
SEC. 303. PRINCIPAL NEGOTIATING OBJECTIVES OF THE UNITED STATES
RELATING TO TRADE IN COVERED PHARMACEUTICAL PRODUCTS.
Section 102(b) of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 (19 U.S.C. 4201(b)) is amended by adding at
the end the following:
``(23) Trade in covered pharmaceutical products.--
``(A) In general.--It is the objective of the
United States to negotiate a plurilateral agreement
among trusted allies relating to trade in covered
pharmaceutical products to which section 103(b) will
apply, for which the principal negotiating objectives
of the United States are the following:
``(i) To ensure that a party to the
agreement adopts and maintains measures to
eliminate the imposition or reimposition of
tariffs on imports of such products,
particularly in the event of a declared
emergency.
``(ii) To ensure that a party to the
agreement--
``(I) will reduce or eliminate
regulatory and other technical barriers
in the pharmaceutical sector;
``(II) will promote expedited
approval of facilities for the
production of such products being built
by business enterprises that operate
one or more such facilities in the
territory of the party;
``(III) will promote the use of
good regulatory practices and
streamlined regulatory review and
approval processes for the production
of such products in the territory of
the party;
``(IV) will eliminate duplicated
actions and other barriers to reduce
the time for approvals of both
facilities and such products; and
``(V) will expand transparency and
cooperation with other parties and
their manufacturers, working
collaboratively, to ensure regulatory
processes are streamlined and
harmonized among other parties to the
maximum extent possible.
``(iii) To prohibit export restraints
against parties to the agreement, particularly
in the event of a declared emergency.
``(iv) With respect to use of subsidies--
``(I) to encourage the coordinated
provision of those types of subsidies
that are classified under World Trade
Organization rules as `non-prohibited',
such as subsidies that are not
contingent on exports or import-
substitution, to incentivize
manufacturing of such products,
including the provision of grants,
loans, tax incentives, and guaranteed
price and volume contracts;
``(II) to explicitly permit, among
parties to the agreement, the use of
production subsidies to build
pharmaceutical manufacturing capacity;
``(III) to affirm that subsidies
provided by parties are not intended to
be used primarily for export or to
distort trade;
``(IV) to affirm parties'
commitments under the Antidumping
Agreement and the Agreement on
Subsidies and Countervailing Measures,
including the recognition that
`dumping, by which products of one
country are introduced into the
commerce of another country at less
than the normal value of the products,
is to be condemned if it causes or
threatens material injury to an
established industry in the territory
of a contracting party or materially
retards the establishment of a domestic
industry'; and
``(V) to encourage notification and
consultation among parties as they are
considering pharmaceutical 14
manufacturing subsidies to increase
coordination and avoid creating
conditions such as oversupply or market
inefficiencies among the parties.
``(v) With respect to government
procurement--
``(I) to provide reciprocal access
to government procurements for such
products in parties to the agreement;
``(II) to increase coordination
between participant countries and
facilitate the involvement of
participant countries' companies in
bids to supply such products; and
``(III) to ensure that any
participant in the agreement that is
not already so designated, becomes
designated for purposes of section 301
of the Trade Agreements Act of 1979 (19
U.S.C. 2511).
``(vi) With respect to trade in services--
``(I) to obtain fair, open, and
transparent access to supply chain
services in the markets of parties to
the agreement, such as distribution,
logistics, and transportation services;
``(II) to ensure any restrictions
or regulatory requirements maintained
on such services are adopted and
maintained in a transparent and
efficient manner; and
``(III) to require parties to
establish an internal process for
identifying restrictions or regulatory
requirements that could be waived in
the event of a declared emergency.
``(vii) With respect to transparency and
trade facilitation--
``(I) to obtain commitments among
parties to the agreement to develop
mechanisms for sharing information on
pharmaceutical supply chain constraints
and coordinate approaches with parties
to minimize risks that could lead to
supply chain failures; and
``(II) to the extent they have not
done so yet, to obtain commitments from
parties that they will fully implement
the obligations under the World Trade
Organization's Agreement on Trade
Facilitation prior to the date the
agreement enters into force.
``(viii) With respect to enforcement--
``(I) to ensure that benefits under
the agreement can only be obtained by
parties that are fully meeting their
obligations under the agreement;
``(II) to ensure that parties will
not bring a dispute under another
agreement for actions that are
consistent with the agreement; and
``(III) to provide a dispute
settlement mechanism comparable to the
dispute settlement provisions of the
Agreement between the United States of
America, the United Mexican States, and
Canada.
``(ix) To minimize the ability of parties
to the agreement to undermine the effectiveness
of the agreement by abusing exceptions in the
agreement by including additional procedural
requirements, such as notification of intent to
rely on an exception at the time an
inconsistent action is taken, and limiting the
duration that participants may rely on an
exception.
``(B) Definitions.--In this paragraph:
``(i) Active pharmaceutical ingredient.--
The term `active pharmaceutical ingredient'--
``(I) means any component that is
intended to furnish pharmacological
activity or other direct effect in the
diagnosis, cure, mitigation, treatment,
or prevention of a disease, or to
affect the structure or any function of
the body of a human or animal; and
``(II) does not include--
``(aa) intermediates used
in the synthesis of a drug
product; or
``(bb) components that may
undergo chemical change in the
manufacture of a drug product
and be present in a drug
product in a modified form that
is intended to furnish such
activity or effect.
``(ii) Agreement on subsidies and
countervailing measures.--The term `Agreement
on Subsidies and Countervailing Measures' means
the agreement referred to in section 101(d)(12)
of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(12)).
``(iii) Antidumping agreement.--The term
`Antidumping Agreement' means the Agreement on
Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994 referred to
in section 101(d)(7) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(7)).
``(iv) Biological product.--The term
`biological product' has the meaning given to
such term in section 351(i) of the Public
Health Service Act (42 U.S.C. 262(i)).
``(v) Covered pharmaceutical product.--The
term `covered pharmaceutical product' means--
``(I) a drug (including a
biological product); or
``(II) an active pharmaceutical
ingredient.''.
SEC. 304. REAUTHORIZATION OF TRADE AGREEMENTS AUTHORITY.
Section 103 of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 (19 U.S.C. 4202) is amended--
(1) in subsection (a)--
(A) by striking ``July 1, 2018'' each place it
appears and inserting ``July 1, 2023''; and
(B) by striking ``July 1, 2021'' each place it
appears and inserting ``July 1, 2026'';
(2) in subsection (b)--
(A) by striking ``July 1, 2018'' each place it
appears and inserting ``July 1, 2023''; and
(B) by striking ``July 1, 2021'' each place it
appears and inserting ``July 1, 2026''; and
(3) in subsection (c)--
(A) by striking ``July 1, 2018'' each place it
appears and inserting ``July 1, 2023'';
(B) by striking ``June 30, 2018'' and inserting
``June 30, 2023'';
(C) in paragraph (1)(B), by striking ``July 1,
2021'' and inserting ``July 1, 2026'';
(D) in paragraph (2), by striking ``April 1, 2018''
and inserting ``April 1, 2023''; and
(E) in paragraph (3), by striking ``June 1, 2018''
and inserting ``June 1, 2023''.
SEC. 305. SECURING ESSENTIAL MEDICAL MATERIALS.
(a) Statement of Policy.--Section 2(b) of the Defense Production
Act of 1950 (50 U.S.C. 4502) is amended--
(1) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical materials
essential to national defense, including through measures
designed to secure the drug supply chain, and taking into
consideration the importance of United States competitiveness,
scientific leadership and cooperation, and innovative
capacity;''.
(b) Strengthening Domestic Capability.--Section 107 of the Defense
Production Act of 1950 (50 U.S.C. 4517) is amended--
(1) in subsection (a), by inserting ``(including medical
materials)'' after ``materials''; and
(2) in subsection (b)(1), by inserting ``(including medical
materials such as drugs, devices, and biological products to
diagnose, cure, mitigate, treat, or prevent disease that are
essential to national defense)'' after ``essential materials''.
(c) Strategy on Securing Supply Chains for Medical Materials.--
Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.)
is amended by adding at the end the following:
``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the President, in consultation with the
Secretary of Health and Human Services, the Secretary of Commerce, the
Secretary of Homeland Security, and the Secretary of Defense, shall
transmit a strategy to the appropriate Members of Congress that
includes the following:
``(1) A detailed plan to use the authorities under this
title and title III, or any other provision of law, to ensure
the supply of medical materials (including drugs, devices, and
biological products (as that term is defined in section 351 of
the Public Health Service Act (42 U.S.C. 262)) to diagnose,
cure, mitigate, treat, or prevent disease) essential to
national defense, to the extent necessary for the purposes of
this Act.
``(2) An analysis of vulnerabilities to existing supply
chains for such medical materials, and recommendations to
address the vulnerabilities.
``(3) Measures to be undertaken by the President to
diversify such supply chains, as appropriate and as required
for national defense.
``(4) A discussion of--
``(A) any significant effects resulting from the
plan and measures described in this subsection on the
production, cost, or distribution of biological
products (as that term is defined in section 351 of the
Public Health Service Act (42 U.S.C. 262)) or any other
devices or drugs (as defined under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.));
``(B) a timeline to ensure that essential
components of the supply chain for medical materials
are not under the exclusive control of a foreign
government in a manner that the President determines
could threaten the national defense of the United
States; and
``(C) efforts to mitigate any risks resulting from
the plan and measures described in this subsection to
United States competitiveness, scientific leadership,
and innovative capacity, including efforts to cooperate
and proactively engage with United States allies.
``(b) Progress Report.--Following submission of the strategy under
subsection (a), the President shall submit to the appropriate Members
of Congress an annual progress report until September 30, 2025,
evaluating the implementation of the strategy, and may include updates
to the strategy as appropriate. The strategy and progress reports shall
be submitted in unclassified form but may contain a classified annex.
``(c) Appropriate Members of Congress.--The term `appropriate
Members of Congress' means the Speaker, majority leader, and minority
leader of the House of Representatives, the majority leader and
minority leader of the Senate, the Chairman and Ranking Member of the
Committee on Financial Services of the House of Representatives, and
the Chairman and Ranking Member of the Committee on Banking, Housing,
and Urban Affairs of the Senate.''.
SEC. 306. INVESTMENT IN SUPPLY CHAIN SECURITY.
(a) In General.--Section 303 of the Defense Production Act of 1950
(50 U.S.C. 4533) is amended by adding at the end the following:
``(h) Investment in Supply Chain Security.--
``(1) In general.--In addition to other authorities in this
title, the President may make available to an eligible entity
described in paragraph (2) payments to increase the security of
supply chains and supply chain activities, if the President
certifies to Congress not less than 30 days before making such
a payment that the payment is critical to meet national defense
requirements of the United States.
``(2) Eligible entity.--An eligible entity described in
this paragraph is an entity that--
``(A) is organized under the laws of the United
States or any jurisdiction within the United States;
and
``(B) produces--
``(i) one or more critical components;
``(ii) critical technology; or
``(iii) one or more products or raw
materials for the security of supply chains or
supply chain activities.
``(3) Definitions.--In this subsection, the terms `supply
chain' and `supply chain activities' have the meanings given
those terms by the President by regulation.''.
(b) Regulations.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall prescribe
regulations setting forth definitions for the terms ``supply
chain'' and ``supply chain activities'' for the purposes of
section 303(h) of the Defense Production Act of 1950 (50 U.S.C.
4533(h)), as added by subsection (a).
(2) Scope of definitions.--The definitions required by
paragraph (1)--
(A) shall encompass--
(i) the organization, people, activities,
information, and resources involved in the
delivery and operation of a product or service
used by the Government; or
(ii) critical infrastructure as defined in
Presidential Policy Directive 21 (February 12,
2013; relating to critical infrastructure
security and resilience); and
(B) may include variations as determined necessary
and appropriate by the President for purposes of
national defense.
SEC. 307. PERMIT PROCESS FOR PROJECTS RELATING TO EXTRACTION, RECOVERY,
OR PROCESSING OF CRITICAL MATERIALS.
(a) Definition of Covered Project.--Section 41001(6)(A) of the FAST
Act (42 U.S.C. 4370m(6)(A)) is amended--
(1) in clause (i)(III), by striking ``; or'' and inserting
a semicolon;
(2) in clause (ii)(II), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) is related to the extraction,
recovery, or processing from coal, coal waste,
coal processing waste, pre- or post-combustion
coal byproducts, or acid mine drainage from
coal mines of one of the following materials:
``(I) Critical minerals (as such
term is defined in section 7002 of the
Energy Act of 2020).
``(II) Rare earth elements.
``(III) Microfine carbon or carbon
from coal.''.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of the Interior shall submit to the Committees
on Energy and Natural Resources and Commerce, Science, and
Transportation of the Senate and the Committees on Transportation and
Infrastructure, Natural Resources, and Energy and Commerce of the House
of Representatives a report evaluating the timeliness of implementation
of reforms of the permitting process required as a result of the
amendments made by this Act on the following:
(1) The economic and national security of the United
States.
(2) Domestic production and supply of critical minerals,
rare earths, and microfine carbon or carbon from coal.
TITLE IV--MATTERS RELATING TO RESEARCH AND DEVELOPMENT
SEC. 401. PERMANENT FULL EXPENSING FOR QUALIFIED PROPERTY.
(a) In General.--Paragraph (6) of section 168(k) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(6) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means, in the case
of property placed in service (or, in the case of a specified
plant described in paragraph (5), a plant which is planted or
grafted) after September 27, 2017, 100 percent.''.
(b) Conforming Amendments.--
(1) Section 168(k) of the Internal Revenue Code of 1986 is
amended--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i)(V), by inserting
``and'' at the end;
(II) in clause (ii), by striking
``clause (ii) of subparagraph (E),
and'' and inserting ``clause (i) of
subparagraph (E).''; and
(III) by striking clause (iii);
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking subclauses
(II) and (III); and
(bb) by redesignating
subclauses (IV) through (VI) as
subclauses (II) through (IV),
respectively;
(II) by striking clause (ii); and
(III) by redesignating clauses
(iii) and (iv) as clauses (ii) and
(iii), respectively;
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``and subclauses (II) and (III) of
subparagraph (B)(i)''; and
(II) in clause (ii), by striking
``subparagraph (B)(iii)'' and inserting
``subparagraph (B)(ii)''; and
(iv) in subparagraph (E)--
(I) by striking clause (i); and
(II) by redesignating clauses (ii)
and (iii) as clauses (i) and (ii),
respectively; and
(B) in paragraph (5)(A), by striking ``planted
before January 1, 2027, or is grafted before such date
to a plant that has already been planted,'' and
inserting ``planted or grafted''.
(2) Section 460(c)(6)(B) of such Code is amended by
striking ``which'' and all that follows through the period and
inserting ``which has a recovery period of 7 years or less.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 13201 of Public Law 115-97.
SEC. 402. RESEARCH AND EXPERIMENTAL EXPENDITURES.
(a) In General.--Section 174 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 174. RESEARCH AND EXPERIMENTAL EXPENDITURES.
``(a) Treatment as Expenses.--
``(1) In general.--A taxpayer may treat research or
experimental expenditures which are paid or incurred by him
during the taxable year in connection with his trade or
business as expenses which are not chargeable to capital
account. The expenditures so treated shall be allowed as a
deduction.
``(2) When method may be adopted.--
``(A) Without consent.--A taxpayer may, without the
consent of the Secretary, adopt the method provided in
this subsection for his first taxable year for which
expenditures described in paragraph (1) are paid or
incurred.
``(B) With consent.--A taxpayer may, with the
consent of the Secretary, adopt at any time the method
provided in this subsection.
``(3) Scope.--The method adopted under this subsection
shall apply to all expenditures described in paragraph (1). The
method adopted shall be adhered to in computing taxable income
for the taxable year and for all subsequent taxable years
unless, with the approval of the Secretary, a change to a
different method is authorized with respect to part or all of
such expenditures.
``(b) Amortization of Certain Research and Experimental
Expenditures.--
``(1) In general.--At the election of the taxpayer, made in
accordance with regulations prescribed by the Secretary,
research or experimental expenditures which are--
``(A) paid or incurred by the taxpayer in
connection with his trade or business,
``(B) not treated as expenses under subsection (a),
and
``(C) chargeable to capital account but not
chargeable to property of a character which is subject
to the allowance under section 167 (relating to
allowance for depreciation, etc.) or section 611
(relating to allowance for depletion),
may be treated as deferred expenses. In computing taxable
income, such deferred expenses shall be allowed as a deduction
ratably over such period of not less than 60 months as may be
selected by the taxpayer (beginning with the month in which the
taxpayer first realizes benefits from such expenditures). Such
deferred expenses are expenditures properly chargeable to
capital account for purposes of section 1016(a)(1) (relating to
adjustments to basis of property).
``(2) Time for and scope of election.--The election
provided by paragraph (1) may be made for any taxable year, but
only if made not later than the time prescribed by law for
filing the return for such taxable year (including extensions
thereof). The method so elected, and the period selected by the
taxpayer, shall be adhered to in computing taxable income for
the taxable year for which the election is made and for all
subsequent taxable years unless, with the approval of the
Secretary, a change to a different method (or to a different
period) is authorized with respect to part or all of such
expenditures. The election shall not apply to any expenditure
paid or incurred during any taxable year before the taxable
year for which the taxpayer makes the election.
``(c) Land and Other Property.--This section shall not apply to any
expenditure for the acquisition or improvement of land, or for the
acquisition or improvement of property to be used in connection with
the research or experimentation and of a character which is subject to
the allowance under section 167 (relating to allowance for
depreciation, etc.) or section 611 (relating to allowance for
depletion); but for purposes of this section allowances under section
167, and allowances under section 611, shall be considered as
expenditures.
``(d) Exploration Expenditures.--This section shall not apply to
any expenditure paid or incurred for the purpose of ascertaining the
existence, location, extent, or quality of any deposit of ore or other
mineral (including oil and gas).
``(e) Only Reasonable Research Expenditures Eligible.--This section
shall apply to a research or experimental expenditure only to the
extent that the amount thereof is reasonable under the
circumstances.''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 174 and inserting the following new item:
``Sec. 174. Research and experimental expenditures.''.
(c) Conforming Amendments.--
(1) Section 41(d)(1)(A) of such Code is amended by striking
``specified research or experimental expenditures under section
174'' and inserting ``expenses under section 174''.
(2) Section 280C(c) of such Code is amended to read as
follows:
``(c) Credit for Increasing Research Activities.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified research expenses (as defined in
section 41(b)) or basic research expenses (as defined in
section 41(e)(2)) otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit
determined for such taxable year under section 41(a).
``(2) Similar rule where taxpayer capitalizes rather than
deducts expenses.--If--
``(A) the amount of the credit determined for the
taxable year under section 41(a)(1), exceeds
``(B) the amount allowable as a deduction for such
taxable year for qualified research expenses or basic
research expenses (determined without regard to
paragraph (1)),
the amount chargeable to capital account for the taxable year
for such expenses shall be reduced by the amount of such
excess.
``(3) Election of reduced credit.--
``(A) In general.--In the case of any taxable year
for which an election is made under this paragraph--
``(i) paragraphs (1) and (2) shall not
apply, and
``(ii) the amount of the credit under
section 41(a) shall be the amount determined
under subparagraph (B).
``(B) Amount of reduced credit.--The amount of
credit determined under this subparagraph for any
taxable year shall be the amount equal to the excess
of--
``(i) the amount of credit determined under
section 41(a) without regard to this paragraph,
over
``(ii) the product of--
``(I) the amount described in
clause (i), and
``(II) the rate of tax under
section 11(b).
``(C) Election.--An election under this paragraph
for any taxable year shall be made not later than the
time for filing the return of tax for such year
(including extensions), shall be made on such return,
and shall be made in such manner as the Secretary may
prescribe. Such an election, once made, shall be
irrevocable.
``(4) Controlled groups.--Paragraph (3) of subsection (b)
shall apply for purposes of this subsection.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2021.
SEC. 403. REPEAL AND CODIFICATION OF CERTAIN EXECUTIVE ORDERS.
(a) Repeal.--The Executive order relating to the revocation of
certain Executive orders concerning Federal regulation, signed on
January 20, 2021, is hereby rescinded.
(b) Codification of Executive Orders.--The following Executive
orders shall have the force and effect of law:
(1) Executive Order 13771 (82 Fed. Reg. 12866; relating to
reducing regulation and controlling regulatory costs).
(2) Executive Order 13777 (82 Fed. Reg. 12285; relating to
enforcing the regulatory reform agenda).
(3) Executive Order 13891 (84 Fed. Reg. 55235; relating to
improving agency guidance documents).
(4) Executive Order 13892 (84 Fed. Reg. 55239; relating to
transparency in administrative enforcement and adjudication).
(5) Executive Order 13893 (84 Fed. Reg. 55487; relating to
accountability for administrative actions).
SEC. 404. EDUCATIONAL ASSISTANCE EXCLUSION FROM GROSS INCOME INCREASED.
(a) Section 127(b)(2) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(2) Maximum exclusion.--
``(A) In general.--If but for this paragraph, this
section would exclude from gross income more than the
maximum amount of educational assistance furnished to
an individual during a calendar year, this section
shall apply only to the maximum amount of such
assistance so furnished.
``(B) Maximum amount.--For purposes of subparagraph
(B), the term `maximum amount' means, for any calendar
year, an amount equal to the applicable dollar amount
for elective deferrals described in section
402(g)(1)(B) (as such amount is adjusted for inflation
for such calendar year).''.
(b) Effective Date.--The amendment made by this section shall apply
to educational assistance furnished in taxable years beginning after
December 31, 2020.
SEC. 405. RESEARCH AND EXPERIMENTAL EXPENDITURES.
(a) In General.--Section 174 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 174. RESEARCH AND EXPERIMENTAL EXPENDITURES.
``(a) Treatment as Expenses.--
``(1) In general.--A taxpayer may treat research or
experimental expenditures which are paid or incurred by him
during the taxable year in connection with his trade or
business as expenses which are not chargeable to capital
account. The expenditures so treated shall be allowed as a
deduction.
``(2) When method may be adopted.--
``(A) Without consent.--A taxpayer may, without the
consent of the Secretary, adopt the method provided in
this subsection for his first taxable year for which
expenditures described in paragraph (1) are paid or
incurred.
``(B) With consent.--A taxpayer may, with the
consent of the Secretary, adopt at any time the method
provided in this subsection.
``(3) Scope.--The method adopted under this subsection
shall apply to all expenditures described in paragraph (1). The
method adopted shall be adhered to in computing taxable income
for the taxable year and for all subsequent taxable years
unless, with the approval of the Secretary, a change to a
different method is authorized with respect to part or all of
such expenditures.
``(b) Amortization of Certain Research and Experimental
Expenditures.--
``(1) In general.--At the election of the taxpayer, made in
accordance with regulations prescribed by the Secretary,
research or experimental expenditures which are--
``(A) paid or incurred by the taxpayer in
connection with his trade or business,
``(B) not treated as expenses under subsection (a),
and
``(C) chargeable to capital account but not
chargeable to property of a character which is subject
to the allowance under section 167 (relating to
allowance for depreciation, etc.) or section 611
(relating to allowance for depletion),
may be treated as deferred expenses. In computing taxable
income, such deferred expenses shall be allowed as a deduction
ratably over such period of not less than 60 months as may be
selected by the taxpayer (beginning with the month in which the
taxpayer first realizes benefits from such expenditures). Such
deferred expenses are expenditures properly chargeable to
capital account for purposes of section 1016(a)(1) (relating to
adjustments to basis of property).
``(2) Time for and scope of election.--The election
provided by paragraph (1) may be made for any taxable year, but
only if made not later than the time prescribed by law for
filing the return for such taxable year (including extensions
thereof). The method so elected, and the period selected by the
taxpayer, shall be adhered to in computing taxable income for
the taxable year for which the election is made and for all
subsequent taxable years unless, with the approval of the
Secretary, a change to a different method (or to a different
period) is authorized with respect to part or all of such
expenditures. The election shall not apply to any expenditure
paid or incurred during any taxable year before the taxable
year for which the taxpayer makes the election.
``(c) Land and Other Property.--This section shall not apply to any
expenditure for the acquisition or improvement of land, or for the
acquisition or improvement of property to be used in connection with
the research or experimentation and of a character which is subject to
the allowance under section 167 (relating to allowance for
depreciation, etc.) or section 611 (relating to allowance for
depletion); but for purposes of this section allowances under section
167, and allowances under section 611, shall be considered as
expenditures.
``(d) Exploration Expenditures.--This section shall not apply to
any expenditure paid or incurred for the purpose of ascertaining the
existence, location, extent, or quality of any deposit of ore or other
mineral (including oil and gas).
``(e) Only Reasonable Research Expenditures Eligible.--This section
shall apply to a research or experimental expenditure only to the
extent that the amount thereof is reasonable under the
circumstances.''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 174 and inserting the following new item:
``Sec. 174. Research and experimental expenditures.''.
(c) Conforming Amendments.--
(1) Section 41(d)(1)(A) of such Code is amended by striking
``specified research or experimental expenditures under section
174'' and inserting ``expenses under section 174''.
(2) Section 280C(c) of such Code is amended to read as
follows:
``(c) Credit for Increasing Research Activities.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified research expenses (as defined in
section 41(b)) or basic research expenses (as defined in
section 41(e)(2)) otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit
determined for such taxable year under section 41(a).
``(2) Similar rule where taxpayer capitalizes rather than
deducts expenses.--If--
``(A) the amount of the credit determined for the
taxable year under section 41(a)(1), exceeds
``(B) the amount allowable as a deduction for such
taxable year for qualified research expenses or basic
research expenses (determined without regard to
paragraph (1)),
the amount chargeable to capital account for the taxable year
for such expenses shall be reduced by the amount of such
excess.
``(3) Election of reduced credit.--
``(A) In general.--In the case of any taxable year
for which an election is made under this paragraph--
``(i) paragraphs (1) and (2) shall not
apply, and
``(ii) the amount of the credit under
section 41(a) shall be the amount determined
under subparagraph (B).
``(B) Amount of reduced credit.--The amount of
credit determined under this subparagraph for any
taxable year shall be the amount equal to the excess
of--
``(i) the amount of credit determined under
section 41(a) without regard to this paragraph,
over
``(ii) the product of--
``(I) the amount described in
clause (i), and
``(II) the rate of tax under
section 11(b).
``(C) Election.--An election under this paragraph
for any taxable year shall be made not later than the
time for filing the return of tax for such year
(including extensions), shall be made on such return,
and shall be made in such manner as the Secretary may
prescribe. Such an election, once made, shall be
irrevocable.
``(4) Controlled groups.--Paragraph (3) of subsection (b)
shall apply for purposes of this subsection.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2021.
TITLE V--MATTERS RELATED TO EDUCATION
Subtitle A--Restrictions Relating to Foreign Funding of Educational
Institutions
SEC. 501. RESTRICTIONS ON INSTITUTIONS PARTNERING WITH THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Funding Restricted.--An institution of higher education or
other post-secondary educational institution shall not be eligible to
receive Federal funds (except funds under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) or other Department of
Education funds that are provided directly to students) if such
institution:
(1) has a contractual partnership in effect with an entity
that is owned or controlled, directly or indirectly, by the
Government of the People's Republic of China;
(2) has a contractual partnership in effect with an entity
that is organized under the laws of the People's Republic of
China; or
(3) employs a CCP-funded instructor.
(b) Restoring Eligibility.--An institution ineligible to receive
Federal funds under subsection (a) may reestablish eligibility by--
(1) in the case of a contractual partnership with an entity
described in subsection (a)(1) or (a)(2):
(A) disclosing to the Secretary of Education all
contractual partnerships with the applicable entity
from the previous 10 years; and
(B) providing to the Secretary of Education
sufficient evidence that such partnerships have been
terminated; or
(2) in the case of the employment of a CCP-funded
instructor as described in subsection (a)(3), by demonstrating,
to the satisfaction of the Secretary of Education, that the
institution no longer employs a CCP-funded instructor.
(c) CCP-Funded Instructor Defined.--In this section, the term
``CCP-funded instructor'' means a professor, teacher, or any other
individual who--
(1) provides instruction directly to the students of an
institution of higher education; and
(2) received funds, directly or indirectly, from the
Chinese Communist Party while employed by such institution.
(d) Effective Date.--The restrictions under this section shall take
effect 180 days after the date of the enactment of this Act.
SEC. 502. LIMITING EXEMPTION FROM FOREIGN AGENT REGISTRATION
REQUIREMENT FOR PERSONS ENGAGING IN ACTIVITIES IN
FURTHERANCE OF CERTAIN PURSUITS TO ACTIVITIES NOT
PROMOTING POLITICAL AGENDA OF FOREIGN GOVERNMENTS.
(a) Limitation on Exemption.--Section 3(e) of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 613(e)) is amended by striking the
semicolon at the end and inserting the following: ``, but only if the
activities do not promote the political agenda of a government of a
foreign country;''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to activities carried out on or after the date of
the enactment of this Act.
SEC. 503. REPORTING EXCHANGE VISITOR CHANGE IN FIELD OF STUDY.
With respect to a principal nonimmigrant exchange visitor admitted
into the United States in the J-1 classification under section
101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(J)) in order to study, the Secretary of State shall take
such action as may be necessary to ensure that the applicable program
sponsor is required to use the Student and Exchange Visitor Information
System to report any change to the nonimmigrant's primary field of
study. In carrying out this section, the Secretary of State shall take
into account the record keeping and reporting requirements of the
Secretary of Homeland Security with regard to nonimmigrants admitted
into the United States in the F-1 and M-1 classifications under
subparagraphs (F) and (M) of section 101(a)(15) of such Act (8 U.S.C.
1101(a)(15)).
SEC. 504. REPORTING CERTAIN RESEARCH PROGRAM PARTICIPATION.
(a) In General.--With respect to a principal nonimmigrant admitted
into the United States in the J-1 classification under section
101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(J)), in the F-1 classification under section 101(a)(15)(F)
of such Act, or in the M-1 classification under section 101(a)(15)(M)
of such Act, the Secretary of State and the Secretary of Homeland
Security shall take such action as may be necessary to ensure that the
applicable program sponsor or academic or nonacademic institution is
required to use the Student and Exchange Visitor Information System to
report when the nonimmigrant is participating in a research program
funded in whole or in part through a grant, contract, or other similar
form of support provided by the Federal Government, as well as program
identification information.
(b) Notifications.--
(1) Secretary.--In the case of a nonimmigrant described in
subsection (a), the Secretary of Homeland Security shall notify
the appropriate program manager at an Executive agency (as
defined in section 105 of title 5, United States Code) if and
when the Secretary obtains information that the nonimmigrant is
participating in a research program funded in whole or in part
through a grant, contract, or other similar form of support
provided by such agency prior to the commencement of that
nonimmigrant's participation and not later than 21 days after
authorizing such participation.
(2) Sponsor or institution.--In the case of a nonimmigrant
described in subsection (a), the applicable program sponsor or
academic or nonacademic institution shall notify the
appropriate program manager at an Executive agency (as defined
in section 105 of title 5, United States Code) if and when the
sponsor or institution obtains information that the
nonimmigrant is participating in a research program funded in
whole or in part through a grant, contract, or other similar
form of support provided by such agency prior to the
commencement of that nonimmigrant's participation and not later
than 21 days after authorizing such participation.
SEC. 505. REVIEW AND REVOCATION OF CERTAIN NONIMMIGRANT VISAS.
(a) In General.--The Secretary of Homeland Security shall have the
authority to review and revoke a nonimmigrant visa granted under
subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)) if, in consultation with the
Attorney General, the Secretary finds that--
(1) the visa holder has misrepresented his or her intention
to pursue a certain program or field of study;
(2) following a change to the nonimmigrant's primary field
of study as described under section 504, that the new primary
field of study would have triggered a higher level of scrutiny
during the visa application process, and that the visa holder
poses a risk to the homeland security of the United States, the
national security of the United States, or research integrity
at their applicable program sponsor or institution;
(3) the visa holder's enrollment in a research program
funded in whole or in part through a grant, contract, or other
similar form of support provided by the Federal Government
poses a risk to the homeland security of the United States, the
national security of the United States, or research integrity
at their applicable program sponsor or institution; or
(4) the visa was granted to an alien who is a citizen of
the People's Republic of China if the Secretary of State
determines that the alien seeks to enter the United States to
participate in graduate-level or post-graduate-level coursework
or academic research in a field of science, technology,
engineering, or mathematics at an institution of higher
education.
(b) Notice.--Thirty days before the commencement of a review under
subsection (a), the Secretary of Homeland Security shall provide the
applicable program sponsor or institution with a notice containing the
specific basis of the forthcoming review. During this 30-day period,
the program sponsor or institution may take corrective action to
alleviate any concerns raised by the Secretary. At the conclusion of
the 30-day period, the Secretary shall determine whether the program
sponsor or institution has satisfactorily addressed the concerns or a
review remains necessary.
(c) Administrative and Judicial Review.--
(1) In general.--There shall be no administrative or
judicial review of a determination to revoke a visa under this
section except in accordance with this subsection.
(2) Administrative review.--
(A) Single level of administrative appellate
review.--The Secretary of Homeland Security shall
establish an appellate authority to provide for a
single level of administrative appellate review of such
a determination.
(B) Standard for review.--Such administrative
appellate review shall be based solely upon the
administrative record established at the time of the
determination and upon such additional or newly
discovered evidence as may not have been available at
the time of the determination.
(3) Judicial review.--
(A) Limitation to review of removal.--There shall
be judicial review of a determination to revoke a visa
under this section only in the judicial review of an
order of removal under section 242 of the Immigration
and Nationality Act (8 U.S.C. 1252).
(B) Standard for judicial review.--Such judicial
review shall be based solely upon the administrative
record established at the time of the review by the
appellate authority and the findings of fact and
determinations contained in such record shall be
conclusive unless the applicant can establish abuse of
discretion or that the findings are directly contrary
to clear and convincing facts contained in the record
considered as a whole.
SEC. 506. ANNUAL REPORT.
(a) In General.--The Secretary of Homeland Security shall require
the Academic Institutions Subcommittee of the Homeland Security
Advisory Council of the Department of Homeland Security to provide an
annual report to the Committee on the Judiciary, the Committee on
Homeland Security, and the Committee on Foreign Affairs of the House of
Representatives, and the Committee on the Judiciary, the Committee on
Homeland Security and Governmental Affairs, and the Committee on
Foreign Relations of the Senate, on--
(1) the implementation and execution of any visa reviews
and revocations undertaken under section 506;
(2) the number of alien students enrolled at academic or
nonacademic institutions in the United States, disaggregated
by--
(A) program of study;
(B) previous and current nationality; and
(C) participation in a research program (which may
or may not be classified) funded in whole or in part
through a grant, contract, or other similar form of
support provided by the Federal Government,
differentiated by agency, sub-agency, and program; and
(3) the number of alien students who have changed their
field of study, including their original and subsequent field
of study, disaggregated by the information described in
subparagraphs (A), (B), and (C) of paragraph (2).
(b) Appendix.--Each report under subsection (a) shall include an
appendix containing any feedback provided on a voluntary basis by any
program sponsor or institution affected by a visa review or revocation
undertaken under section 506.
Subtitle B--Protecting Our Universities Act
SEC. 511. SENSITIVE RESEARCH PROJECT LIST.
(a) Sensitive Research Project List.--The Office of the Director of
National Intelligence shall, in consultation with the National Security
Advisor shall actively maintain a list of sensitive research projects.
Such list shall--
(1) be referred to as the Sensitive Research Projects List;
and
(2) for each project included on the list, indicate--
(A) the qualified funding agency that is funding
the project;
(B) whether the project is open to student
participation; and
(C) whether the project is related to--
(i) an item listed on the Commerce Control
List (CCL) maintained by the Department of
Commerce;
(ii) an item listed on the United States
Munitions List maintained by the Department of
State; or
(iii) technology designated by the
Secretary of Defense as having a technology
readiness level of 1, 2, or 3.
(b) Report to Congress.--Not later than one year after the date of
enactment of this Act, and every six months thereafter, the interagency
working group described in section 1746 of the National Defense
Authorization Act for Fiscal Year 2020 (42 U.S.C. 6601 note) shall
provide a report to the Committee on Education and Labor, the Committee
on Armed Services, and the Permanent Select Committee on Intelligence
of the House of Representatives, and to the Committee on Health,
Education, Labor, and Pensions, the Committee on Armed Services, and
the Select Committee on Intelligence of the Senate, regarding the
threat of espionage at institutions of higher education. In each such
briefing, the interagency working group shall identify actions that may
be taken to reduce espionage carried out through student participation
in sensitive research projects. The interagency working group shall
also include in this report an assessment of whether the current
licensing regulations relating to the International Traffic in Arms
Regulations and the Export Administration Regulations are sufficient to
protect the security of the projects listed on the Sensitive Research
Project List.
SEC. 512. FOREIGN STUDENT PARTICIPATION IN SENSITIVE RESEARCH PROJECTS.
(a) Approval of Foreign Student Participation Required.--Beginning
on the date that is one year after the date of enactment of this Act,
for each project on the Sensitive Research Project List that is open to
student participation, the head of such project at the institution of
higher education at which the project is being carried out shall ensure
that each student participating in such project shall be required to
provide proof of citizenship before the student is permitted to
participate in such project. A student who is a citizen of a country
identified in subsection (b) shall be permitted to participate in such
a project only if--
(1) the student applies for, and receives approval from,
the Director of National Intelligence to participate in such
project, based on a background check and any other information
the Director determines to be appropriate; and
(2) in the case of such a project that is related to an
item or technology described in subparagraph (C) of section
3(c)(2), the student applies for, and receives approval from,
the head of the qualified funding agency, to participate in
such project.
(b) List of Citizenship Requiring Approval.--Approval under
subsection (a) shall be required for any student who is a citizen of a
country that is one of the following:
(1) The People's Republic of China.
(2) The Democratic People's Republic of Korea.
(3) The Russian Federation.
(4) The Islamic Republic of Iran.
(5) Any country identified by the head of the qualified
funding agency as requiring approval for the purposes of this
section.
SEC. 513. FOREIGN ENTITIES.
(a) List of Foreign Entities That Pose an Intelligence Threat.--Not
later than one year after the date of the enactment of this Act, the
Director of National Intelligence shall identify foreign entities,
including governments, corporations, non-profit and for-profit
organizations, and any subsidiary or affiliate of such an entity, that
the Director determines pose a threat of espionage with respect to
sensitive research projects, and shall develop and maintain a list of
such entities. The Director may add or remove entities from such list
at any time. The initial list developed by the Director shall include
the following entities (including any subsidiary or affiliate):
(1) Huawei Technologies Company.
(2) ZTE Corporation.
(3) Hytera Communications Corporation.
(4) Hangzhou Hikvision Digital Technology Company.
(5) Dahua Technology Company.
(6) Kaspersky Lab.
(7) Any entity that is owned or controlled by, or otherwise
has demonstrated financial ties to, the government of a country
identified under section 4(b).
(b) Notice to Institutions of Higher Education.--The Director of
National Intelligence shall make the initial list required under
subsection (a), and any changes to such list, available to the
Secretary of Education, the interagency working group, and the head of
each qualified funding agency as soon as practicable. The Secretary of
Education shall provide such initial list and subsequent amendments to
each institution of higher education at which a project on the
Sensitive Research Project List is being carried out.
(c) Prohibition on Use of Certain Technologies.--Beginning on the
date that is one year after the date of the enactment of this Act, the
head of each sensitive research project shall, as a condition of
receipt of funds from a qualified funding agency, provide an assurance
to such qualified funding agency that, beginning on the date that is
two years after the date of the enactment of this Act, any technology
developed by an entity included on the list maintained under subsection
(a) shall not be utilized in carrying out the sensitive research
project.
SEC. 514. ENFORCEMENT.
The head of each qualified funding agency shall take such steps as
may be necessary to enforce the provisions of sections 510 and 511 of
this Act. Upon determination that the head of a sensitive research
project has failed to meet the requirements of either section 510 or
section 511, the head of a qualified funding agency may determine the
appropriate enforcement action, including--
(1) imposing a probationary period, not to exceed 6 months,
on the head of such project, or on the project;
(2) reducing or otherwise limiting the funding for such
project until the violation has been remedied;
(3) permanently cancelling the funding for such project; or
(4) any other action the head of the qualified funding
agency determines to be appropriate.
SEC. 515. DEFINITIONS.
In this subtitle:
(1) Citizen of a country.--The term ``citizen of a
country'', with respect to a student, includes all countries in
which the student has held or holds citizenship or holds
permanent residency.
(2) Institution of higher education.--The term
``institution of higher education'' means an institution
described in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002) that receives Federal funds in any amount and
for any purpose.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(4) Qualified funding agency.--The term ``qualified funding
agency'', with respect to a sensitive research project, means--
(A) the Department of Defense, if the sensitive
research project is funded in whole or in part by the
Department of Defense;
(B) the Department of Energy, if the sensitive
research project is funded in whole or in part by the
Department of Energy; or
(C) an element of the intelligence community, if
the sensitive research project is funded in whole or in
part by the element of the intelligence community.
(5) Sensitive research project.--The term ``sensitive
research project'' means a research project at an institution
of higher education that is funded by a qualified funding
agency, except that such term shall not include any research
project that is classified or that requires the participants in
such project to obtain a security clearance.
(6) Student participation.--The term ``student
participation'' shall not include student activity in--
(A) a research project that is required for
completion of a course in which the student is enrolled
at an institution of higher education; or
(B) a research project for which the student is
conducting unpaid research.
Subtitle C--Other Matters
SEC. 521. REPORT ON CHINA BENEFITTING FROM UNITED STATES TAXPAYER-
FUNDED RESEARCH.
(a) In General.--Not later than one year after the date of
enactment of the Act, the Attorney General, in consultation with the
Secretary of the Treasury, the Secretary of Commerce, the Secretary of
State, and the Director of National Intelligence, shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report on the extent to
which China has benefitted from United States taxpayer-funded research.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) The extent to which United States taxpayer-funded
research has benefitted China, including a list of United
States Government-funded entities, such as research
institutions, laboratories, and institutions of higher
education, which have hired Chinese nationals or allowed
Chinese nationals to conduct research, including an estimate in
the number of nationals hired or involved in research projects.
(2) A list of United States Government programs, grants,
and other forms of research funding in the fields of science,
technology, engineering, and math (STEM) fields that have
directly or indirectly cooperated or affiliated with research
institutions in China or Chinese Communist Party entities.
(3) The extent to which China's funding of United States
taxpayer-funded research institutions has benefitted China.
(4) How the Government of China and the Chinese Communist
Party have used United States taxpayer-funded research,
including as part of China's efforts to support ``civil-
military fusion'' and human rights abuses.
(c) Definition.--In this section, the term ``United States
taypayer-funded research'' means research--
(1) funded by a grant from the Federal Government or a
State government; or
(2) conducted at an institution that receives funding from
the Federal Government or a State government.
SEC. 522. CONDITIONS ON FEDERAL RESEARCH GRANTS.
As a condition of receiving a Federal research and development
grant in a field of science, technology, engineering, or mathematics, a
grant recipient shall certify that the recipient--
(1) is not--
(A) a citizen of the People's Republic of China; or
(B) a participant in a foreign talent recruitment
program of the People's Republic of China listed by the
Secretary of State in accordance with section 521; and
(2) will not knowingly employ to carry out activities
funded by the Federal research and development grant--
(A) a citizen of the People's Republic of China; or
(B) a participant in a foreign talent recruitment
program of the People's Republic of China listed by the
Secretary of State in accordance with section 521.
SEC. 523. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH
INSTITUTES.
(a) In General.--Notwithstanding any other provision of law, the
head of each Federal agency shall ensure that any institution of higher
education, laboratory, or research institute receiving Federal
assistance agrees, as a condition of such assistance, to not knowingly
employ any individual who is a participant in a foreign talent
recruitment program of the People's Republic of China.
(b) Program Participation Agreements.--Section 487(a) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the
end the following:
``(30) The institution will not knowingly employ any
individual who is a participant in a foreign talent recruitment
program of the People's Republic of China listed by the
Secretary of State in accordance with section 7 of the SECURE
CAMPUS Act of 2021.''.
SEC. 524. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT
PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF
THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.
Notwithstanding section 3 of the Foreign Agents Registration Act of
1938 (22 U.S.C. 613), any individual in the United States who is
associated with a foreign talent recruitment program of the People's
Republic of China, either as a recruiter or as a recruit--
(1) shall be deemed to be an agent of a foreign principal
(as defined in section 1(c) of such Act (22 U.S.C. 611(c)); and
(2) shall comply with the registration requirements set
forth in section 2 of such Act (22 U.S.C. 612) not later than
30 days after the later of--
(A) the date of the enactment of this Act; or
(B) the date on which the individual entered the
United States.
SEC. 525. ECONOMIC ESPIONAGE.
Section 1839(1) of title 18, United States Code, is amended--
(1) by inserting ``education, research,'' after
``commercial,''; and
(2) by inserting ``or otherwise incorporated or
substantially located in or composed of citizens of countries
subject to compulsory political or governmental representation
within corporate leadership'' after ``foreign government''.
SEC. 526. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT
PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Attorney General, the Secretary of Defense, and the Director of
National Intelligence, shall compile and publish in the Federal
Register a list of foreign talent recruitment programs of the People's
Republic of China.
(b) Annual Review and Revision.--Not less frequently than annually,
the Secretary of State shall--
(1) review and revise the list compiled under subsection
(a); and
(2) publish the revised list in the Federal Register.
SEC. 527. DEFINITIONS.
For purposes of sections 521 through 526:
(1) Foreign talent recruitment program of the people's
republic of china.--The term ``foreign talent recruitment
program of the People's Republic of China'' means any effort
organized, managed, funded, or otherwise controlled by the
Government of the People's Republic of China or the Chinese
Communist Party to employ, contract, or otherwise compensate 1
or more individuals to conduct research, development, testing,
or any other science or technology activity for the direct or
indirect benefit of the People's Republic of China.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
SEC. 528. DISCLOSURE ON CERTAIN VISA APPLICATIONS.
(a) Disclosure Requirement for F and M Visas.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall update Form I-20, or a successor form with
respect to eligibility for nonimmigrant student status, to require an
alien submitting such form to report--
(1) whether the alien has received or plans to receive
certain funds;
(2) the amount of any certain funds received by the alien;
and
(3) a description of the entity providing any certain funds
to the alien.
(b) Disclosure Requirement for J Visas.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of State
shall update Form DS-2019, or a successor form with respect to
eligibility for a exchange visitor status, to require an alien
submitting such form to report--
(1) whether the alien has received or plans to receive
certain funds;
(2) the amount of any certain funds received by the alien;
and
(3) a description of the entity providing any certain funds
to the alien.
(c) Updated Disclosure Requirement.--
(1) In general.--An alien who receives certain funds after
receiving a visa under subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) shall report to the Secretary of Homeland Security
and the Secretary of State the receipt of such funds not more
than 90 days after the date on which such funds are received.
(2) Provisional revocation based on failure to comply with
disclosure requirement.--An alien who receives certain funds
and does not report such receipt pursuant to paragraph (1) is
subject to revocation of any visa or other entry documentation
regardless of when the visa or other entry documentation was
issued.
(d) Disclosure for Alien Spouse and Minor Children.--The disclosure
requirements under subsections (a) through (c) shall apply to an alien
spouse or any minor children applying for or receiving a visa under
subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)).
(e) Applicability.--Not later than 180 days after the date of the
enactment of this Act, an alien, alien spouse, or any minor children
who have a valid visa under subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) on the date of the enactment of this Act, shall report to
the Secretary of Homeland Security--
(1) whether such alien has received or plans to receive
certain funds;
(2) the amount of any certain funds received by the alien;
and
(3) a description of the entity providing any certain funds
to the alien.
(f) Certain Funds Defined.--In this section, the term ``certain
funds'' includes any amount of money provided to an alien from--
(1) the Government of the People's Republic of China;
(2) the Chinese Communist Party; or
(3) any entity owned or controlled by the Government of the
People's Republic of China or the Chinese Communist Party.
SEC. 529. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
STATES OF CERTAIN FOREIGN GIFTS TO AND CONTRACTS WITH
INSTITUTIONS OF HIGHER EDUCATION.
(a) Amendments to Defense Production Act of 1950.--
(1) Definition of covered transaction.--Subsection (a)(4)
of section 721 of the Defense Production Act of 1950 (50 U.S.C.
4565) is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; and''
and inserting a semicolon;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) any transaction described in
subparagraph (B)(vi) proposed or pending after
the date of the enactment of the China
Strategic Competition Act of 2021.'';
(B) in subparagraph (B), by adding at the end the
following:
``(vi) Any gift to an institution of higher
education from a foreign person, or the entry
into a contract by such an institution with a
foreign person, if--
``(I)(aa) the value of the gift or
contract equals or exceeds $1,000,000;
or
``(bb) the institution receives,
directly or indirectly, more than one
gift from or enters into more than one
contract, directly or indirectly, with
the same foreign person for the same
purpose the aggregate value of which,
during the period of 2 consecutive
calendar years, equals or exceeds
$1,000,000; and
``(II) the gift or contract--
``(aa) relates to research,
development, or production of
critical technologies and
provides the foreign person
potential access to any
material nonpublic technical
information (as defined in
subparagraph (D)(ii)) in the
possession of the institution;
or
``(bb) is a restricted or
conditional gift or contract
(as defined in section 117(h)
of the Higher Education Act of
(20 U.S.C. 1011f(h))) that
establishes control.''; and
(C) by adding at the end the following:
``(G) Foreign gifts to and contracts with
institutions of higher education.--For purposes of
subparagraph (B)(vi):
``(i) Contract.--The term `contract' means
any agreement for the acquisition by purchase,
lease, or barter of property or services by a
foreign person, for the direct benefit or use
of either of the parties.
``(ii) Gift.--The term `gift' means any
gift of money or property.
``(iii) Institution of higher education.--
The term `institution of higher education'
means any institution, public or private, or,
if a multicampus institution, any single campus
of such institution, in any State--
``(I) that is legally authorized
within such State to provide a program
of education beyond secondary school;
``(II) that provides a program for
which the institution awards a
bachelor's degree (or provides not less
than a 2-year program which is
acceptable for full credit toward such
a degree) or a more advanced degree;
``(III) that is accredited by a
nationally recognized accrediting
agency or association; and
``(IV) to which the Federal
Government extends Federal financial
assistance (directly or indirectly
through another entity or person), or
that receives support from the
extension of Federal financial
assistance to any of the institution's
subunits.''.
(2) Mandatory declarations.--Subsection
(b)(1)(C)(v)(IV)(aa) of such section is amended by adding at
the end the following: ``Such regulations shall require a
declaration under this subclause with respect to a covered
transaction described in subsection (a)(4)(B)(vi)(II)(aa).''.
(3) Factors to be considered.--Subsection (f) of such
section is amended--
(A) in paragraph (10), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating paragraph (11) as paragraph
(12); and
(C) by inserting after paragraph (10) the
following:
``(11) as appropriate, and particularly with respect to
covered transactions described in subsection (a)(4)(B)(vi), the
importance of academic freedom at institutions of higher
education in the United States; and''.
(4) Membership of cfius.--Subsection (k) of such section is
amended--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (H),
(I), and (J) as subparagraphs (I), (J), and
(K), respectively; and
(ii) by inserting after subparagraph (G)
the following:
``(H) In the case of a covered transaction
involving an institution of higher education (as
defined in subsection (a)(4)(G)), the Secretary of
Education.''; and
(B) by adding at the end the following:
``(8) Inclusion of other agencies on committee.--In
considering including on the Committee under paragraph (2)(K)
the heads of other executive departments, agencies, or offices,
the President shall give due consideration to the heads of
relevant research and science agencies, departments, and
offices, including the Secretary of Health and Human Services,
the Director of the National Institutes of Health, and the
Director of the National Science Foundation.''.
(5) Contents of annual report relating to critical
technologies.--Subsection (m)(3) of such section is amended--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(D) an evaluation of whether there are foreign
malign influence or espionage activities directed or
directly assisted by foreign governments against
institutions of higher education (as defined in
subsection (a)(4)(G)) aimed at obtaining research and
development methods or secrets related to critical
technologies; and
``(E) an evaluation of, and recommendation for any
changes to, reviews conducted under this section that
relate to institutions of higher education, based on an
analysis of disclosure reports submitted to the
chairperson under section 117(a) of the Higher
Education Act of 1965 (20 U.S.C. 1011f(a)).''.
(b) Effective Date; Applicability.--The amendments made by
subsection (a) shall--
(1) take effect on the date of the enactment of this Act,
subject to the requirements of subsections (d) and (e); and
(2) apply with respect to any covered transaction the
review or investigation of which is initiated under section 721
of the Defense Production Act of 1950 on or after the date that
is 30 days after the publication in the Federal Register of the
notice required under subsection (e)(2).
(c) Regulations.--
(1) In general.--The Committee on Foreign Investment in the
United States (in this section referred to as the
``Committee''), which shall include the Secretary of Education
for purposes of this subsection, shall prescribe regulations as
necessary and appropriate to implement the amendments made by
subsection (a).
(2) Elements.--The regulations prescribed under paragraph
(1) shall include--
(A) regulations accounting for the burden on
institutions of higher education likely to result from
compliance with the amendments made by subsection (a),
including structuring penalties and filing fees to
reduce such burdens, shortening timelines for reviews
and investigations, allowing for simplified and
streamlined declaration and notice requirements, and
implementing any procedures necessary to protect
academic freedom; and
(B) guidance with respect to--
(i) which gifts and contracts described in
described in clause (vi)(II)(aa) of subsection
(a)(4)(B) of section 721 of the Defense
Production Act of 1950, as added by subsection
(a)(1), would be subject to filing mandatory
declarations under subsection (b)(1)(C)(v)(IV)
of that section; and
(ii) the meaning of ``control'', as defined
in subsection (a) of that section, as that term
applies to covered transactions described in
clause (vi) of paragraph (4)(B) of that
section, as added by subsection (a)(1).
(3) Issuance of final rule.--The Committee shall issue a
final rule to carry out the amendments made by subsection (a)
after assessing the findings of the pilot program required by
subsection (e).
(d) Pilot Program.--
(1) In general.--Beginning on the date that is 30 days
after the publication in the Federal Register of the matter
required by paragraph (2) and ending on the date that is 570
days thereafter, the Committee shall conduct a pilot program to
assess methods for implementing the review of covered
transactions described in clause (vi) of section 721(a)(4)(B)
of the Defense Production Act of 1950, as added by subsection
(a)(1).
(2) Proposed determination.--Not later than 270 days after
the date of the enactment of this Act, the Committee shall, in
consultation with the Secretary of Education, publish in the
Federal Register--
(A) a proposed determination of the scope of and
procedures for the pilot program required by paragraph
(1);
(B) an assessment of the burden on institutions of
higher education likely to result from compliance with
the pilot program;
(C) recommendations for addressing any such
burdens, including shortening timelines for reviews and
investigations, structuring penalties and filing fees,
and simplifying and streamlining declaration and notice
requirements to reduce such burdens; and
(D) any procedures necessary to ensure that the
pilot program does not infringe upon academic freedom.
(3) Report on findings.--Upon conclusion of the pilot
program required by paragraph (1), the Committee shall submit
to Congress a report on the findings of that pilot program that
includes--
(A) a summary of the reviews conducted by the
Committee under the pilot program and the outcome of
such reviews;
(B) an assessment of any additional resources
required by the Committee to carry out this section or
the amendments made by subsection (a);
(C) findings regarding the additional burden on
institutions of higher education likely to result from
compliance with the amendments made by subsection (a)
and any additional recommended steps to reduce those
burdens; and
(D) any recommendations for Congress to consider
regarding the scope or procedures described in this
section or the amendments made by subsection (a).
SEC. 530. DISCLOSURES OF FOREIGN GIFTS AND CONTRACTS AT INSTITUTIONS OF
HIGHER EDUCATION.
(a) Disclosures of Foreign Gifts.--Section 117 of the Higher
Education Act of 1965 (20 U.S.C. 1011f) is amended to read as follows:
``SEC. 117. DISCLOSURES OF FOREIGN GIFTS AND AGREEMENTS.
``(a) Disclosure Reports.--
``(1) Aggregate gifts and contract disclosures.--An
institution shall file a disclosure report described in
subsection (b) with the Secretary and the Secretary of the
Treasury (in the capacity of the Secretary as the chairperson
of the Committee on Foreign Investment in the United States
under section 721(k)(3) of the Defense Production Act of 1950
(50 U.S.C. 4565(k)(3))) not later than March 31 immediately
following any calendar year in which the institution receives a
gift from, or enters into a contract with, a foreign source,
the value of which is $50,000 or more, considered alone or in
combination with all other gifts from, or contracts with, that
foreign source within the calendar year.
``(2) Disclosure of contracts with undetermined monetary
value.--An institution shall file a disclosure report described
in subsection (b) with the Secretary and the Secretary of the
Treasury (in the capacity of the Secretary as the chairperson
of the Committee on Foreign Investment in the United States
under section 721(k)(3) of the Defense Production Act of 1950
(50 U.S.C. 4565(k)(3))) not later than March 31 immediately
following any calendar year in which the institution enters
into a contract with a foreign source that has an undetermined
monetary value.
``(3) Foreign source ownership or control disclosures.--In
the case of an institution that is owned or controlled by a
foreign source, the institution shall file a disclosure report
described in subsection (b) with the Secretary and the
Secretary of the Treasury (in the capacity of the Secretary as
the chairperson of the Committee on Foreign Investment in the
United States under section 721(k)(3) of the Defense Production
Act of 1950 (50 U.S.C. 4565(k)(3))) not later than March 31 of
every year.
``(b) Contents of Report.--Each report to the Secretary required by
subsection (a) shall contain the following:
``(1)(A) In the case of an institution required to file a
report under paragraph (1) or (2) of subsection (a)--
``(i) for gifts received from or contracts entered
into with a foreign government, the aggregate amount of
such gifts and contracts received from each foreign
government, including the content of each such
contract; and
``(ii) for gifts received from or contracts entered
into with a foreign source other than a foreign
government, the aggregate dollar amount of such gifts
and contracts attributable to a particular country and
the legal or formal name of the foreign source, and the
content of each such contract.
``(B) For purposes of this paragraph, the country to which
a gift is attributable is--
``(i) the country of citizenship, or if unknown,
the principal residence, for a foreign source who is a
natural person; or
``(ii) the country of incorporation, or if unknown,
the principal place of business, for a foreign source
which is a legal entity.
``(2) In the case of an institution required to file a
report under subsection (a)(3)--
``(A) the information described in paragraph (1)(A)
(without regard to any gift or contract threshold
described in subsection (a)(1));
``(B) the identity of the foreign source that owns
or controls the institution;
``(C) the date on which the foreign source assumed
ownership or control; and
``(D) any changes in program or structure resulting
from the change in ownership or control.
``(3) An assurance that the institution will maintain a
true copy of each gift or contract agreement subject to the
disclosure requirements under this section, until the latest
of--
``(A) the date that is 4 years after the date of
the agreement;
``(B) the date on which the agreement terminates;
or
``(C) the last day of any period that applicable
State public record law requires a true copy of such
agreement to be maintained.
``(4) An assurance that the institution will produce true
copies of gift and contract agreements subject to the
disclosure requirements under this section upon request of the
Secretary during a compliance audit or other institutional
investigation and shall ensure all gifts and contracts from the
foreign source are translated into English by a third party
unaffiliated with the foreign source or institution for this
purpose.
``(c) Additional Disclosures for Restricted and Conditional Gifts
and Contracts.--Notwithstanding the provisions of subsection (b),
whenever any institution receives a restricted or conditional gift or
contract from a foreign source, the institution shall disclose the
following to the Department translated into English by a third party
unaffiliated with the foreign source or institution:
``(1) For such gifts received from or contracts entered
into with a foreign source other than a foreign government, the
amount, the date, and a description of such conditions or
restrictions. The report shall also disclose the country of
citizenship, or if unknown, the principal residence for a
foreign source which is a natural person, and the country of
incorporation, or if unknown, the principal place of business
for a foreign source which is a legal entity.
``(2) For gifts received from or contracts entered into
with a foreign government, the amount, the date, a description
of such conditions or restrictions, and the name of the foreign
government.
``(d) Relation to Other Reporting Requirements.--
``(1) State requirements.--If an institution that is
required to file a disclosure report under subsection (a) is
within a State which has enacted requirements for public
disclosure of gifts from or contracts with a foreign source
that includes all information required under this section for
the same or an equivalent time period, a copy of the disclosure
report filed with the State may be filed with the Secretary and
the Secretary of the Treasury in lieu of the report required
under such subsection. The State in which the institution is
located shall provide to the Secretaries such assurances as the
Secretaries may require to establish that the institution has
met the requirements for public disclosure under State law if
the State report is filed.
``(2) Use of other federal reports.--If an institution
receives a gift from, or enters into a contract with, a foreign
source, where any other department, agency, or bureau of the
executive branch requires a report containing all the
information required under this section for the same or an
equivalent time period, a copy of the report may be filed with
the Secretary and the Secretary of the Treasury in lieu of a
report required under subsection (a).
``(e) Confucius Institute Agreements.--
``(1) Defined term.--In this subsection, the term
`Confucius Institute' means a cultural institute directly or
indirectly funded by the Government of the People's Republic of
China.
``(2) Disclosure requirement.--Any institution that has
entered into an agreement with a Confucius Institute shall
immediately make the full text of such agreement available--
``(A) on the publicly accessible website of the
institution;
``(B) to the Department of Education;
``(C) to the Committee on Health, Education, Labor,
and Pensions of the Senate; and
``(D) to the Committee on Education and Labor of
the House of Representatives.
``(3) In subsection (i), as redesignated--
``(A) in paragraph (2), by amending subparagraph
(A) to read as follows:
```(A) a foreign government, including--
```(i) any agency of a foreign government,
and any other unit of foreign governmental
authority, including any foreign national,
State, local, and municipal government;
```(ii) any international or multinational
organization whose membership is composed of
any unit of foreign government described in
clause (i); and
```(iii) any agent or representative of any
such unit or such organization, while acting as
such;'; and
``(B) in paragraph (3), by inserting before the
semicolon at the end the following: `, or the fair
market value of an in-kind gift'.
``(f) Public Disclosure and Modification of Reports.--
``(1) In general.--Not later than 30 days after receiving a
disclosure report under this section, the Secretary shall make
such report electronically available to the public for
downloading on a searchable database under which institutions
can be individually identified and compared.
``(2) Modifications.--The Secretary shall incorporate a
process permitting institutions to revise and update previously
filed disclosure reports under this section to ensure accuracy,
compliance, and ability to cure.
``(g) Sanctions for Noncompliance.--
``(1) In general.--As a sanction for noncompliance with the
requirements under this section, the Secretary may impose a
fine on an institution that in any year knowingly or willfully
violates this section, that is--
``(A) in the case of a failure to disclose a gift
or contract with a foreign source as required under
this section or to comply with the requirements of
subsection (b)(4), in an amount that is not less than
$250 but not more than the amount of the gift or
contract with the foreign source; or
``(B) in the case of any violation of the
requirements of subsection (a)(3), in an amount that is
not more than 25 percent of the total amount of funding
received by the institution under this Act.
``(2) Repeated failures.--
``(A) Knowing and willful failures.--In addition to
a fine for a violation in any year in accordance with
paragraph (1) and subject to subsection (e)(2), the
Secretary shall impose a fine on an institution that
knowingly and willfully fails in 3 consecutive years to
comply with the requirements of this section, that is--
``(i) in the case of a failure to disclose
a gift or contract with a foreign source as
required under this section or to comply with
the requirements of subsection (b)(4), in an
amount that is not less than $100,000 but not
more than twice the amount of the gift or
contract with the foreign source; or
``(ii) in the case of any violation of the
requirements of subsection (a)(3), in an amount
that is not more than 25 percent of the total
amount of funding received by the institution
under this Act.
``(B) Administrative failures.--The Secretary shall
impose a fine on an institution that fails to comply
with the requirements of this section in 3 consecutive
years, in an amount that is not less than $250 but not
more than the amount of the gift or contract with the
foreign source.
``(C) Compliance plan requirement.--An institution
that fails to file a disclosure report for a receipt of
a gift from or contract with a foreign source in 2
consecutive years, shall be required to submit a
compliance plan to Secretary.
``(h) Compliance Officer.--Any institution that is required to
report a gift or contract under this section shall designate and
maintain a compliance officer who--
``(1) shall be a current employee or legally authorized
agent of such institution; and
``(2) shall be responsible, on behalf of the institution,
for compliance with the foreign gift reporting requirement
under this section and section 124, if applicable.
``(i) Single Point of Contact.--The Secretary shall maintain a
single point of contact to--
``(1) receive and respond to inquiries and requests for
technical assistance from institutions of higher education
regarding compliance with the requirements of this section; and
``(2) coordinate the disclosure of information on the
searchable database, and process for modifications of
disclosures and ability to cure, as described in subsection
(e).
``(j) Treatment of Certain Payments and Gifts.--
``(1) Exclusions.--The following shall not be considered a
gift from a foreign source under this section:
``(A) Any payment of one or more elements of a
student's cost of attendance (as defined in section
472) to an institution by, or scholarship from, a
foreign source who is a natural person, acting in their
individual capacity and not as an agent for, at the
request or direction of, or on behalf of, any person or
entity (except the student), made on behalf of no more
than 15 students that is not made under contract with
such foreign source, except for the agreement between
the institution and such student covering one or more
elements of such student's cost of attendance.
``(B) Assignment or license of registered
industrial and intellectual property rights, such as
patents, utility models, trademarks, or copyrights, or
technical assistance, that are not identified as being
associated with a national security risk or concern by
the Federal Research Security Council as described
under section 7902 of title 31, United States Code, as
added by section 4493 of the Securing America's Future
Act.
``(2) Inclusions.--Any gift to, or contract with, an entity
or organization, such as a research foundation, that operates
substantially for the benefit or under the auspices of an
institution shall be considered a gift to or with respectively,
such institution.
``(k) Definitions.--In this section--
``(1) the term `contract'--
``(A) means any--
``(i) agreement for the acquisition by
purchase, lease, or barter of property or
services by the foreign source, for the direct
benefit or use of either of the parties, except
as provided in subparagraph (B); or
``(ii) affiliation, agreement, or similar
transaction with a foreign source and is based
on the use or exchange of an institution's
name, likeness, time, services, or resources,
except as provided in subparagraph (B); and
``(B) does not include any agreement made by an
institution located in the United States for the
acquisition, by purchase, lease, or barter, of property
or services from a foreign source;
``(2) the term `foreign source' means--
``(A) a foreign government, including an agency of
a foreign government;
``(B) a legal entity, governmental or otherwise,
created under the laws of a foreign state or states;
``(C) an individual who is not a citizen or a
national of the United States or a trust territory or
protectorate thereof; and
``(D) an agent, including a subsidiary or affiliate
of a foreign legal entity, acting on behalf of a
foreign source;
``(3) the term `gift' means any gift of money, property,
resources, staff, or services;
``(4) the term `institution' means an institution of higher
education, as defined in section 102, or, if a multicampus
institution, any single campus of such institution, in any
State; and
``(5) the term `restricted or conditional gift or contract'
means any endowment, gift, grant, contract, award, present, or
property of any kind which includes provisions regarding--
``(A) the employment, assignment, or termination of
faculty;
``(B) the establishment of departments, centers,
institutes, instructional programs, research or lecture
programs, or new faculty positions;
``(C) the selection or admission of students; or
``(D) the award of grants, loans, scholarships,
fellowships, or other forms of financial aid restricted
to students of a specified country, religion, sex,
ethnic origin, or political opinion.''.
(b) Policy Regarding Conflicts of Interest From Foreign Gifts and
Contracts.--Part B of title I of the Higher Education Act of 1965 (20
U.S.C. 1011 et seq.) is amended by adding at the end the following:
``SEC. 124. INSTITUTIONAL POLICY REGARDING FOREIGN GIFTS AND CONTRACTS
TO FACULTY AND STAFF.
``(a) Requirement To Maintain Policy and Database.--Each
institution of higher education described in subsection (b) shall--
``(1) maintain a policy requiring faculty, professional
staff, and other staff engaged in research and development (as
determined by the institution) employed at such institution to
disclose to such institution any gifts received from, or
contracts entered into with, a foreign source;
``(2) maintain a searchable database of information
disclosed in paragraph (1) for the previous five years, except
an institution shall not be required to include in the database
gifts or contracts received or entered into before the date of
enactment of the Securing America's Future Act; and
``(3) maintain a plan to effectively identify and manage
potential information gathering by foreign sources through
espionage targeting faculty, professional staff, and other
staff engaged in research and development (as determined by the
institution) that may arise from gifts received from, or
contracts entered into with, a foreign source, including
through the use of periodic communications and enforcement of
the policy described in paragraph (1).
``(b) Institutions.--An institution of higher education shall be
subject to the requirements of this section if such institution--
``(1) is an institution of higher education as defined
under section 102; and
``(2) had more than $5,000,000 in research and development
expenditures in any of the previous five years.
``(c) Sanctions for Noncompliance.--
``(1) In general.--As a sanction for noncompliance with the
requirements under this section, the Secretary may impose a
fine on an institution that in any year knowingly or willfully
violates this section, in an amount that is not less than $250
but not more than $1,000.
``(2) Second failure.--In addition to a fine for a
violation in accordance with paragraph (1), the Secretary shall
impose a fine on an institution that knowingly, willfully, and
repeatedly fails to comply with the requirements of this
section in a second consecutive year in an amount that is not
less than $1,000 but not more than $25,000.
``(3) Third and additional failures.--In addition to a fine
for a violation in accordance with paragraph (1) or (2), the
Secretary shall impose a fine on an institution that knowingly,
willfully, and repeatedly fails to comply with the requirements
of this section in a third consecutive year, or any consecutive
year thereafter, in an amount that is not less than $25,000 but
not more than $50,000.
``(4) Administrative failures.--The Secretary shall impose
a fine on an institution that fails in 3 consecutive years to
comply with the requirements of this section in an amount that
is not less than $250 but not more than $25,000.
``(5) Compliance plan requirement.--An institution that
fails to comply with the requirements under this section for 2
consecutive years shall be required to submit a compliance plan
to the Secretary.
``(d) Definitions.--In this section--
``(1) the terms `foreign source' and `gift' have the
meaning given the terms in section 117;
``(2) the term `contract' means any--
``(A) agreement for the acquisition by purchase,
lease, or barter of property or services by the foreign
source, for the direct benefit or use of either of the
parties; or
``(B) affiliation, agreement, or similar
transaction with a foreign source based on the use or
exchange of the name, likeness, time, services, or
resources of faculty, professional staff, and other
staff engaged in research and development (as
determined by the institution); and
``(3) the term `professional staff' means professional
employees, as defined in section 3 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203).''.
(c) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Education shall begin
the negotiated rulemaking process under section 492 of the
Higher Education Act of 1965 (20 U.S.C. 1098a) to carry out the
amendments made by subsections (a) and (b).
(2) Issues.--Regulations issued pursuant to paragraph (1)
to carry out the amendment made by subsection (a) shall, at a
minimum, address the following issues:
(A) Instructions on reporting structured gifts and
contracts.
(B) The inclusion in institutional reports of gifts
received from, and contracts entered into with, foreign
sources by entities and organizations, such as research
foundations, that operate substantially for the benefit
or under the auspices of the institution.
(C) Procedures to protect confidential or
proprietary information included in gifts and
contracts.
(D) The alignment of such regulations with the
reporting and disclosure of foreign gifts or contracts
required by other Federal agencies.
(E) The treatment of foreign gifts or contracts
involving research or technologies identified as being
associated with a national security risk or concern by
the Federal Research Security Council as described
under section 7902 of title 31, United States Code, as
added by section 4493 of this Act.
(3) Effective date.--The amendments made by subsections (a)
and (b) shall take effect on the date on which the regulations
issued under paragraph (1) take effect.
TITLE VI--MATTERS RELATED TO DEMOCRACY, HUMAN RIGHTS AND TAIWAN
SEC. 601. SUPPORTING A FREE AND DEMOCRATIC CHINA.
It is the policy of the United States to support a free and
democratic China which respects the human rights and civil liberties of
the people of China.
SEC. 602. AMERICAN INSTITUTE IN TAIWAN.
The position of Director of the American Institute in Taiwan's
Taipei office shall be subject to the advice and consent of the Senate,
and effective upon enactment of this Act shall have the title of
Representative.
SEC. 603. PROHIBITIONS AGAINST UNDERMINING UNITED STATES POLICY
REGARDING TAIWAN.
(a) Finding.--Congress finds that the efforts by the Government of
the People's Republic of China (PRC) and the Chinese Communist Party to
compel private United States businesses, corporations, and
nongovernmental entities to use PRC-mandated language to describe the
relationship between Taiwan and China are an intolerable attempt to
enforce political censorship globally and should be considered an
attack on the fundamental underpinnings of all democratic and free
societies, including the constitutionally protected right to freedom of
speech.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government, in coordination with United States businesses and
nongovernmental entities, should formulate a code of conduct for
interacting with the Government of the People's Republic of China and
the Chinese Communist Party and affiliated entities, the aim of which
is--
(1) to counter PRC sharp power operations, which threaten
free speech, academic freedom, and the normal operations of
United States businesses and nongovernmental entities; and
(2) to counter PRC efforts to censor the way the world
refers to issues deemed sensitive to the Government of the
People's Republic of China and Chinese Communist Party leaders,
including issues related to Taiwan, Tibet, the Tiananmen Square
Massacre, and the mass internment of Uyghurs and other Turkic
Muslims, among many other issues.
(c) Prohibition on Recognition of PRC Claims to Sovereignty Over
Taiwan.--
(1) Sense of congress.--It is the sense of Congress that--
(A) issues related to the sovereignty of Taiwan are
for the people of Taiwan to decide through the
democratic process they have established;
(B) the dispute between the People's Republic of
China and Taiwan must be resolved peacefully and with
the assent of the people of Taiwan;
(C) the primary obstacle to peaceful resolution is
the authoritarian nature of the PRC political system
under one-party rule of the Chinese Communist Party,
which is fundamentally incompatible with Taiwan's
democracy; and
(D) any attempt to coerce the people of Taiwan to
accept a political arrangement that would subject them
to direct or indirect rule by the PRC, including a
``one country, two systems'' framework, would
constitute a grave challenge to United States security
interests in the region.
(2) Statement of policy.--It is the policy of the United
States to oppose any attempt by the PRC authorities to
unilaterally impose a timetable or deadline for unification on
Taiwan.
(3) Prohibition on recognition of prc claims without assent
of people of taiwan.--No department or agency of the United
States Government may formally or informally recognize PRC
claims to sovereignty over Taiwan without the assent of the
people of Taiwan, as expressed directly through the democratic
process.
(4) Treatment of taiwan government.--
(A) In general.--The Department of State and other
United States Government agencies shall treat the
democratically elected government of Taiwan as the
legitimate representative of the people of Taiwan and
end the outdated practice of referring to the
government in Taiwan as the ``authorities''.
Notwithstanding the continued supporting role of the
American Institute in Taiwan in carrying out United
States foreign policy and protecting United States
interests in Taiwan, the United States Government shall
not place any restrictions on the ability of officials
of the Department of State and other United States
Government agencies from interacting directly and
routinely with counterparts in the Taiwan government.
(B) Rule of construction.--Nothing in this
paragraph shall be construed as entailing restoration
of diplomatic relations with the Republic of China,
which were terminated on January 1, 1979, or altering
the United States Government's position on Taiwan's
international status.
(d) Strategy To Protect United States Businesses and
Nongovernmental Entities From Coercion.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce, the Secretary of the
Treasury, and the heads of other relevant Federal agencies, shall
submit an unclassified report, with a classified annex if necessary, to
protect United States businesses and nongovernmental entities from
sharp power operations, including coercion and threats that lead to
censorship or self-censorship, or which compel compliance with
political or foreign policy positions of the Government of the People's
Republic of China and the Chinese Communist Party. The strategy shall
include the following elements:
(1) Information on efforts by the Government of the
People's Republic of China to censor the websites of United
States airlines, hotels, and other businesses regarding the
relationship between Taiwan and the People's Republic of China.
(2) Information on efforts by the Government of the
People's Republic of China to target United States
nongovernmental entities through sharp power operations
intended to weaken support for Taiwan.
(3) Information on United States Government efforts to
counter the threats posed by Chinese state-sponsored propaganda
and disinformation, including information on best practices,
current successes, and existing barriers to responding to this
threat.
(4) Details of any actions undertaken to create a code of
conduct pursuant to subsection (b) and a timetable for
implementation.
SEC. 604. NEGOTIATION OF A FREE TRADE AGREEMENT WITH TAIWAN.
Subject to section 605, the President is authorized to enter into
an agreement with Taiwan consistent with the policy described in
section 603, and the provisions of section 151(c) of the Trade Act of
1974 (19 U.S.C. 2191(c)) shall apply with respect to a bill to
implement such agreement.
SEC. 605. INTRODUCTION AND FAST TRACK CONSIDERATION OF IMPLEMENTING
BILL.
(a) Introduction in House of Representatives and Senate.--Whenever
the President submits to Congress a bill to implement a trade agreement
described in section 604, the bill shall be introduced (by request) in
the House of Representatives and in the Senate as described in section
151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)).
(b) Permissible Content in Implementing Legislation.--A bill to
implement a trade agreement described in section 604 shall contain
provisions that are necessary to implement the trade agreement, and
shall include trade-related labor and environmental protection
standards, but may not include amendments to title VII of the Tariff
Act of 1930, title II of the Trade Act of 1974, or any antitrust law of
the United States.
(c) Applicability of Fast Track Procedures.--Section 151 of the
Trade Act of 1974 (19 U.S.C. 2191) is amended--
(1) in subsection (b)(1), by inserting ``section 604 of the
Countering Communist China Act,'' after ``section 282 of the
Uruguay Round Agreements Act,''; and
(2) in subsection (c)(1), by inserting ``section 604 of the
Countering Communist China Act,'' after ``the Uruguay Round
Agreements Act,''.
SEC. 606. STRATEGY TO ADDRESS GENOCIDE IN THE XINJIANG UYGHUR
AUTONOMOUS REGION.
(a) Strategy Required.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes a strategy
specifically describing--
(1) the steps already taken to tangibly address atrocity
crimes occurring in the Xinjiang Uyghur Autonomous Region,
especially during the period following the January 19, 2021,
determination that genocide and crimes against humanity were
occurring in the Xinjiang Uyghur Autonomous Region; and
(2) a strategy for ending the atrocity crimes occurring in
the Xinjiang Uyghur Autonomous Region, including by--
(A) holding accountable persons or entities
responsible for committing such atrocity crimes by
addressing, through existing or new export controls or
import restrictions, the issues of mass biometric
surveillance and forced labor programs in China;
(B) gaining access for United Nations, United
States, and other diplomats and foreign journalists to
the Xinjiang Uyghur Autonomous Region; and
(C) protecting Uyghurs, Kazakhs, Kyrgyz, and other
ethnic minorities affected by the atrocities committed
by the Government of the People's Republic of China.
(b) Form and Publication.--The report required under subsection (b)
shall be submitted in unclassified form and shall be made publicly
available, but may include a classified annex.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) The Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
(2) The Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
SEC. 607. SANCTIONS WITH RESPECT TO INDIVIDUALS COMMITTING RESPONSIBLE
FOR OR COMPLICIT IN FORCED STERILIZATIONS, FORCED
ABORTIONS, OR OTHER SEXUAL VIOLENCE.
(a) Statement of Policy.--It is the policy of the United States to
consider any foreign person or entity responsible for, complicit in, or
having directly or indirectly engaged in forced sterilizations, forced
abortions, or other sexual violence targeting any individual in the
Xinjiang Uyghur Autonomous Region as having committed gross violations
of internationally recognized human rights for purposes of imposing the
sanctions detailed in the Global Magnitsky Human Rights Accountability
Act (22 U.S.C. 2656 note).
(b) Denial of Entry for Foreign Nationals Engaged in Establishment
or Enforcement of Forced Abortion or Sterilization Policy.--Section 801
of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (Public Law 106-113; 8
U.S.C. 1182e) is amended--
(1) in subsection (b), by striking ``minister.'' and
inserting ``minister, unless--
``(1) the Secretary of State makes a public determination
that the forced sterilizations, forced abortions, or other
coercive population control policies were being committed or
enforced with the intent to destroy, in whole or in part, a
national, ethnic, racial or religious group and therefore
constitute genocide or crimes against humanity; or
``(2) the Secretary of State finds that such coercive
population control policies were targeting Uyghurs, Kazakhs,
Tibetan or other ethnic minorities or individuals peacefully
expressing internationally recognized human rights in the
People's Republic of China.'';
(2) in subsection (c), by striking ``national interest''
and inserting ``national security interest''; and
(3) by adding at the end the following new subsections:
``(d) Notice.--The Secretary of State shall make a public
announcement each time sanctions are imposed under this section as a
result of a determination or finding described in subsection (b)(1) or
(b)(2), respectively.
``(e) Information Requested by Congress.--The Secretary of State
shall, upon request of a Member of Congress--
``(1) provide information about the use of the sanctions
described in this section, including the number of times
imposed, disaggregated by country and by year; or
``(2) provide a classified briefing that includes
information about the individuals or entities sanctioned
pursuant to this section and any other Act authorizing
sanctions with respect to the conduct of such individuals or
entities.''.
SEC. 608. SENSE OF CONGRESS ON THE 2022 WINTER OLYMPICS.
It is the sense of Congress that, consistent with the principles of
the International Olympic Committee, unless the Government of the
People's Republic of China demonstrates significant progress in
securing fundamental human rights, including the freedoms of religion,
speech, movement, association, and assembly, the International Olympic
Committee should rebid the 2022 Winter Olympics to be hosted by a
country that recognizes and respects human rights.
SEC. 609. LIMITATIONS ON FUNDS MADE AVAILABLE FOR THE UNITED NATIONS
POPULATION FUND.
Chapter 3 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2221 et seq.) is amended by adding at the end the following:
``SEC. 308. LIMITATIONS ON FUNDS MADE AVAILABLE FOR THE UNITED NATIONS
POPULATION FUND.
``(a) Availability of Funds.--
``(1) In general.--Funds made available to carry out this
part for the United Nations Population Fund (UNFPA) that are
not made available for UNFPA because of the operation of any
provision of law shall be transferred to the `Global Health
Programs' account and shall be made available for family
planning, maternal, and reproductive health activities.
``(2) Notification.--The President shall notify the
appropriate congressional committees of any transfer of funds
under this subsection not later than 10 days after the date on
which funds are so transferred.
``(b) Prohibition on Use of Funds in China.--None of the funds made
available to carry out this part may be used by UNFPA for a country
program in the People's Republic of China.
``(c) Conditions on Availability of Funds.--Funds made available to
carry out this part for UNFPA may not be made available unless--
``(1) UNFPA maintains funds made available to carry out
this part in an account separate from other accounts of UNFPA
and does not commingle such funds with other sums; and
``(2) UNFPA does not fund abortions.
``(d) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
``(1) In general.--Not later than 4 months after the start
of each fiscal year, the Secretary of State shall submit to the
appropriate congressional committees a report indicating the
amount of funds that UNFPA is budgeting for the year in which
the report is submitted for a country program in the People's
Republic of China.
``(2) Deduction of funds.--If a report under paragraph (1)
indicates that UNFPA plans to spend funds for a country program
in the People's Republic of China in the year covered by the
report, then an amount of funds equal to the amount of funds
UNFPA plans to spend in the People's Republic of China shall be
deducted from the funds made available to UNFPA after March 1
for obligation for the remainder of the fiscal year in which
the report is submitted.
``(e) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
``(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.''.
SEC. 610. PROHIBITION ON USE OF FUNDS FOR ABORTIONS AND INVOLUNTARY
STERILIZATIONS.
Section 104(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(f)) is amended by adding at the end the following:
``(4) None of the funds made available to carry out this
Act nor any unobligated balances from prior appropriations Acts
may be made available to any organization or program which
supports or participates in the management of a program of
coercive abortion or involuntary sterilization.''.
SEC. 611. PROHIBITION ON CERTAIN FUNDING RELATING TO PROVISION OF AN
OPEN PLATFORM FOR CHINA.
(a) Funding Prohibition.--Notwithstanding any other provision of
law, no funding made available to the United States Agency for Global
Media (USAGM) may be used to provide an open platform for
representatives of the People's Republic of China (PRC), members of the
Chinese Communist Party (CCP), or any entity owned or controlled by the
PRC or CCP.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the USAGM shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report describing whether or not any
of its broadcast entities, including its grantee organizations, has
provided at any time during the five year period immediately preceding
such report an open platform for representatives of the PRC, members of
the CCP, or any entity owned or controlled by the PRC or CCP. Such
report shall be made available on a publicly available website by the
Federal Government.
SEC. 612. ESTABLISHMENT OF NEW MANDARIN CHINESE LANGUAGE PLATFORMS OF
THE UNITED STATES AGENCY FOR GLOBAL MEDIA.
(a) In General.--The Chief Executive Officer of the United States
Agency for Global Media (USAGM) shall establish new platforms in the
Mandarin Chinese language, including new social media accounts, an
internet website hosting radio channels and video and audio podcasts,
and an interactive website and mobile application, for the following
purposes:
(1) Exposing the corruption and human rights abuses of the
Chinese Communist Party.
(2) Supporting the right for the people of the People's
Republic of China to live in democracy.
(3) Explaining the failures of Communism.
(4) Explaining to a Chinese audience the concepts of rule
of law, constitutionalism, limited government, separation of
powers, democracy, and human rights.
(5) Highlighting the voices of Chinese civil society,
democracy activists, and opposition movements advocating for a
free and democratic China.
(b) Strategy.--In carrying out subsection (a), the Chief Executive
Officer of USAGM shall develop a strategy for--
(1) bypassing the firewall and internet censorship of the
People's Republic of China; and
(2) supporting programs for bypassing such firewall and
internet censorship in order to reach the people of China.
SEC. 613. ANNUAL MEETINGS OF INTERPARLIAMENTARY GROUP BETWEEN CONGRESS
AND LEGISLATURE OF TAIWAN.
(a) Meetings.--The Speaker of the House of Representatives and the
President pro tempore of the Senate shall each appoint members to serve
on an interparliamentary group which will meet annually with
representatives of the Legislative Yuan of Taiwan to discuss areas of
mutual interest between the United States and Taiwan, including--
(1) deterring military aggression by the People's Republic
of China and countering the malign influence of the Chinese
Communist Party in both the United States and Taiwan;
(2) strengthening security cooperation between the United
States and Taiwan; and
(3) enhancing bilateral trade between the United States and
Taiwan.
(b) Appointment of Members.--
(1) House.--The Speaker of the House of Representatives
shall appoint 6 Members of the House to serve on the group
under this section, based on recommendations made by the
Majority Leader and the Minority Leader of the House, and shall
designate one of the Members as the co-chair of the group.
(2) Senate.--The President pro tempore of the Senate shall
appoint 6 Senators to serve on the group under this section,
based on recommendations made by the Majority Leader and the
Minority Leader of the Senate, and shall designate one of the
Senators as the co-chair of the group.
(c) Source of Funding.--Of the amounts obligated and expended to
carry out this section--
(1) 50 percent shall be derived from the applicable
accounts of the House of Representatives; and
(2) 50 percent shall be derived form the contingent fund of
the Senate.
(d) Repeal of Existing Interparliamentary Group Between Senate and
People's Republic of China.--Section 153 of the Miscellaneous
Appropriations and Offsets Act, 2004 (22 U.S.C. 276n) is hereby
repealed.
SEC. 614. PROHIBITION ON IMPORTATION OF GOODS MADE IN THE XINJIANG
UYGHUR AUTONOMOUS REGION.
(a) In General.--Except as provided in subsection (b), all goods,
wares, articles, and merchandise mined, produced, or manufactured
wholly or in part in the Xinjiang Uyghur Autonomous Region of China, or
by persons working with the Xinjiang Uyghur Autonomous Region
government for purposes of the ``poverty alleviation'' program or the
``pairing-assistance'' program which subsidizes the establishment of
manufacturing facilities in the Xinjiang Uyghur Autonomous Region,
shall be deemed to be goods, wares, articles, and merchandise described
in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and shall not
be entitled to entry at any of the ports of the United States.
(b) Exception.--The prohibition described in subsection (a) shall
not apply if the Commissioner of U.S. Customs and Border Protection--
(1) determines, by clear and convincing evidence, that any
specific goods, wares, articles, or merchandise described in
subsection (a) were not produced wholly or in part by convict
labor, forced labor, or indentured labor under penal sanctions;
and
(2) submits to the appropriate congressional committees and
makes available to the public a report that contains such
determination.
(c) Effective Date.--This section shall take effect on the date
that is 120 days after the date of the enactment of this Act.
TITLE VII--MATTERS RELATED TO DEFENSE
SEC. 701. MODIFICATION TO USE OF EMERGENCY SANCTIONS AUTHORITIES
REGARDING COMMUNIST CHINESE MILITARY COMPANIES.
(a) In General.--Section 1237(a)(1) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is
amended--
(1) by striking ``may exercise'' and inserting ``shall
exercise'';
(2) by striking clause (ii);
(3) in the matter preceding clause (i), by striking
``that--'' and inserting ``that is engaged in providing
commercial services, manufacturing, producing, or exporting
and--'';
(4) in clause (i), by striking ``; and'' and inserting ``;
or''; and
(5) by adding at the end the following new clause:
``(ii)(I) is owned or controlled by, or
affiliated with, the Chinese Communist Party or
any person who has ever been a delegate of a
National People's Congress of the Chinese
Communist Party; and
``(II) is engaged in significant investment
in the sectors of fifth-generation wireless
communications, artificial intelligence,
advanced computing, `big data' analytics,
autonomy, robotics, directed energy,
hypersonics, or biotechnology.''.
(b) Extension of List Requirement.--Notwithstanding section
1061(i)(6) of the National Defense Authorization Act for Fiscal Year
2017 (10 U.S.C. 111 note), the submission required by subsection (b) of
section 1237 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999--
(1) shall not terminate on December 31, 2021; and
(2) shall continue in effect until December 31, 2026.
SEC. 702. PROHIBITION ON USE OF FUNDS TO PURCHASE GOODS OR SERVICES
FROM COMMUNIST CHINESE MILITARY COMPANIES.
(a) In General.--None of the funds authorized to be appropriated or
otherwise made available for fiscal year 2020 and available for
obligation as of the date of the enactment of this Act, or authorized
to be appropriated or otherwise made available for fiscal year 2021 or
any fiscal year thereafter, may be obligated or expended to purchase
goods or services from a person on the list required by section 1237(b)
of the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note).
(b) Application to Private Entities and State and Local
Governments.--
(1) In general.--The prohibition under subsection (a)
includes a prohibition on the obligation or expenditure of
funds described in that subsection for the purchase of goods or
services from persons described in that subsection by a private
entity or a State or local government that received such funds
through a grant or any other means.
(2) Certification required to receive future funds.--
(A) In general.--On and after the date of the
enactment of this Act, the head of an executive agency
shall ensure that funds described in subsection (a) are
not provided to a private entity or a State or local
government unless the entity or government certifies
that the entity or government, as the case may be, is
not purchasing goods or services from a person
described in subsection (a).
(B) Review.--The head of an executive agency shall
conduct a review of the use of funds described in
subsection (a) that are provided to a private entity or
a State or local government to ensure compliance with
the requirements of subparagraph (A).
(c) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given that term in section 133 of
title 41, United States Code.
SEC. 703. ENACTMENT OF EXECUTIVE ORDER 13959.
(a) In General.--The provisions of Executive Order 13959 (85 Fed.
Reg. 73185; relating to addressing the threat from securities
investments that finance Communist Chinese military companies (November
12, 2020)), as in effect on January 14, 2021, are enacted into law.
(b) Publication.--In publishing this Act in slip form and in the
United States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall include
after the date of approval at the end an appendix setting forth the
text of the Executive order referred to in subsection (a), as in effect
on January 14, 2021.
SEC. 704. INCLUSION OF CERTAIN CHINESE ENTITIES ON THE ANNEX TO
EXECUTIVE ORDER 13959.
(a) In General.--Notwithstanding any other provision of a law, an
entity described in subsection (b) shall be deemed to be included on
the Annex to Executive Order 13959, as in effect on January 14, 2021,
and enacted into law by section 1(a) for purposes of carrying out the
provisions of such Executive order.
(b) Entity Described.--An entity described in this subsection is an
entity that--
(1) is organized under the laws of the People's Republic of
China or otherwise subject to the jurisdiction of the
Government of the People's Republic of China; and
(2) is included on the list maintained and set forth in
Supplement No. 4 to part 744 of the Export Administration
Regulations.
(c) Export Administration Regulations Defined.--In this section,
the term ``Export Administration Regulations'' means the regulations
set forth in subchapter C of chapter VII of title 15, Code of Federal
Regulations, or successor regulations.
SEC. 705. ARMS EXPORTS TO INDIA.
(a) Eligibility for Arms Exports.--Section 3 of the Arms Export
Control Act (22 U.S.C. 2753) is amended--
(1) in subsection (b)(2), by striking ``or the Government
of New Zealand'' and inserting ``the Government of New Zealand,
or the Government of India''; and
(2) in subsection (d), by striking ``or New Zealand'' each
place it appears and inserting ``New Zealand, or India''.
(b) Sales From Stocks.--Section 21 of the Arms Export Control Act
(22 U.S.C. 2761) is amended--
(1) in subsection (e)(2)(A), by striking ``or New Zealand''
and inserting ``New Zealand, or India''; and
(2) in subsection (h), by striking ``or Israel'' each place
it appears and inserting ``Israel, or India''.
(c) Reports on Commercial and Governmental Military Exports;
Congressional Action.--Section 36 of the Arms Export Control Act (22
U.S.C. 2776) is amended by striking ``or New Zealand'' each place it
appears and inserting ``New Zealand, or India''.
(d) Reports to the Congress.--Section 62(c)(1) of the Arms Export
Control Act (22 U.S.C. 2796a) is amended by striking ``or New Zealand''
and inserting ``New Zealand, or India''.
(e) Legislative Review.--Section 63(a)(2) of the Arms Export
Control Act (22 U.S.C. 2796b) is amended by striking ``or New Zealand''
and inserting ``New Zealand, or India''.
TITLE VIII--MATTERS RELATED TO THE PROTECTION OF INTELLECTUAL PROPERTY
SEC. 801. IMPOSITION OF SANCTIONS RELATED TO THE THEFT OF INTELLECTUAL
PROPERTY.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to each person described in subsection
(c) the President determines, on or after the date of enactment of this
Act, operates in a sector of China's economy wherein persons have
engaged in a pattern of significant theft of the intellectual property
of a United States person, or received the intellectual property of a
United States person obtained through a pattern of significant theft.
(b) Sanctions Imposed.--The sanctions described in this subsection
are the following:
(1) Asset blocking.--The exercise of all powers granted to
the President by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) to the extent necessary to block
and prohibit all transactions in all property and interests in
property of a person described in subsection (a) if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(2) Aliens ineligible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a designee
of one of such Secretaries) shall, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), revoke any visa or other entry
documentation issued to an alien who the
Secretary of State or the Secretary of Homeland
Security (or a designee of one of such
Secretaries) determines is described in
subsection (a), regardless of when the visa or
other documentation is issued.
(ii) Effect of revocation.--A revocation
under clause (i) shall take effect immediately
and shall automatically cancel any other valid
visa or entry documentation that is in the
alien's possession.
(3) Exception to comply with united nations headquarters
agreement.--The authority to impose the sanctions described in
paragraph (2)(B) shall not apply to an alien if admitting the
alien into the United States is necessary to permit the United
States to comply with the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(c) Persons Described.--A person described in this section is one
of the following:
(1) An individual who--
(A) is a national of the People's Republic of China
or acting at the direction of a national or entity of
the People's Republic of China; and
(B) is not a United States person.
(2) An entity that is--
(A) organized under the laws of the People's
Republic of China or of any jurisdiction within the
People's Republic of China;
(B) owned or controlled by individuals who are
nationals of the People's Republic of China; or
(C) owned or controlled by an entity described in
subparagraph (A) and is not a United States person.
(d) Penalties; Implementation.--
(1) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (a) or any regulation, license, or order issued to
carry out subsection (a) shall be subject to the penalties set
forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(2) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) for purposes of carrying out this
section.
(e) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
that specifies each person the President determines meets the
criteria described in subsection (a) for the imposition of
sanctions.
(2) Termination of sanctions.--The President may terminate
sanctions imposed under subsection (a) with respect to a person
if the President certifies to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate that such person is no longer engaging
in efforts to steal United States intellectual property.
(f) Waiver.--The President may waive the imposition of sanctions
under subsection (a) on a case-by-case basis with respect to a person
if the President--
(1) certifies to the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of Representatives and
the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate that such waiver is in the national
security interests of the United States; and
(2) includes a justification for such certification.
(g) Definitions.--In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States; or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States.
SEC. 802. PROHIBITION ON USE OF FUNDS.
None of the funds authorized to be appropriated or otherwise made
available to the United States Trade Representative may be used to
support, allow, or facilitate the negotiation or approval of--
(1) the ``Waiver from Certain Provisions of the TRIPS
Agreement for the Prevention, Containment, and Treatment of
COVID-19'' put forth by India and South Africa; or
(2) any other measure at the World Trade Organization to
waive intellectual property rights.
SEC. 803. PROHIBITION ON INDIVIDUALS WITH SECURITY CLEARANCES FROM
BEING EMPLOYED BY CERTAIN ENTITIES.
(a) Prohibition.--Section 3002 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3343) is amended by adding
at the end the following new subsection:
``(e) Prohibition on Certain Employment.--
``(1) Prohibition.--A covered person may not be employed
by, contract with, or otherwise receive funding from, any
covered entity during the following periods:
``(A) A period in which the person holds a security
clearance.
``(B) The 5-year period beginning on the date that
the security clearance of a person becomes inactive.
``(2) Penalties.--Any person who knowingly violates the
prohibition in paragraph (1) shall be fined under title 18,
United States Code, or imprisoned for not more than 5 years, or
both.
``(3) Notification.--A person who holds a security
clearance shall be notified of the prohibition in paragraph
(1), including a list of the covered entities, as follows:
``(A) At the time at which the person is issued the
security clearance.
``(B) At the time at which the security clearance
of the person is renewed.
``(C) At the time at which the security clearance
of the person becomes inactive.
``(4) Covered entity.--
``(A) Definition.--Subject to subparagraph (B), in
this subsection, the term `covered entity' means any of
the following entities (including any subsidiary or
affiliate of such entities):
``(i) Huawei Technologies Company.
``(ii) ZTE Corporation.
``(iii) Hytera Communications Corporation.
``(iv) Hangzhou Hikvision Digital
Technology Company.
``(v) Dahua Technology Company.
``(vi) Kaspersky Lab.
``(B) Modifications.--The Director of National
Intelligence, in consultation with the Secretary of
Defense or the Director of the Federal Bureau of
Investigation, may add or remove entities to the list
of covered entities in subparagraph (A) based on
whether the Director determines there is reasonable
belief that the entity is owned or controlled by, or
otherwise connected to or receiving financial support
from, the government of the People's Republic of China,
the government of the Russian Federation, the
government of the Islamic Republic of Iran, or the
government of the Democratic People's Republic of
Korea.''.
(b) Application.--
(1) In general.--Subsection (e) of section 3002 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3343) shall apply with respect to an individual who is
employed by, contracts with, or otherwise receives funding
from, any covered entity under such subsection on or after the
date of the enactment of this Act.
(2) Notification.--Not later than 30 days after the date of
the enactment of this Act, each person who holds a security
clearance as of such date shall be notified of the prohibition
in such subsection (e), including a list of the covered
entities under such subsection.
SEC. 804. RESTRICTION ON ISSUANCE OF VISAS.
(a) Restriction.--The Secretary of State may not issue a visa to,
and the Secretary of Homeland Security shall deny entry to the United
States of, each of the following:
(1) Senior officials in the Chinese Communist Party,
including the Politburo, the Central Committee, and each
delegate to the 19th National Congress of the Chinese Communist
Party.
(2) The spouses and children of the senior officials
described in paragraph (1).
(3) Members of the cabinet of the Government of the
People's Republic of China.
(4) Active duty members of the People's Liberation Army of
China.
(b) Applicability.--The restriction under subsection (a) shall not
apply for any year in which the Director of National Intelligence
certifies to the Committees on the Judiciary of the House of
Representatives and the Senate that the Government of the People's
Republic of China has ceased sponsoring, funding, facilitating, and
actively working to support efforts to infringe on the intellectual
property rights of citizens and companies of the United States.
SEC. 805. INTER PARTES REVIEW.
(a) Claim Construction.--Section 316(a) of title 35, United States
Code, is amended--
(1) in paragraph (9), by inserting after ``substitute
claims,'' the following: ``including the standard for how
substitute claims should be construed,'';
(2) in paragraph (12), by striking ``; and'' and inserting
a semicolon;
(3) in paragraph (13), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(14) providing that for all purposes under this chapter--
``(A) each challenged claim of a patent, or claim
proposed in a motion to amend, shall be construed as
the claim would be construed under section 282(b) in an
action to invalidate a patent, including by construing
each such claim in accordance with--
``(i) the ordinary and customary meaning of
the claim as understood by a person having
ordinary skill in the art to which the claimed
invention pertains; and
``(ii) the prosecution history pertaining
to the patent; and
``(B) if a court has previously construed a
challenged claim of a patent or a challenged claim term
in a civil action to which the patent owner was a
party, the Office shall consider that claim
construction.''.
(b) Burden of Proof.--Section 316(e) of title 35, United States
Code, is amended to read as follows:
``(e) Evidentiary Standards.--
``(1) Presumption of validity.--The presumption of validity
under section 282(a) shall apply to a previously issued claim
that is challenged during an inter partes review under this
chapter.
``(2) Burden of proof.--In an inter partes review
instituted under this chapter, the petitioner shall have the
burden of proving a proposition of unpatentability of a
previously issued claim by clear and convincing evidence.''.
(c) Standing.--Section 311 of title 35, United States Code, is
amended by adding at the end the following new subsection:
``(d) Persons That May Petition.--
``(1) Definition.--In this subsection, the term `charged
with infringement' means a real and substantial controversy
regarding infringement of a patent exists such that the
petitioner would have standing to bring a declaratory judgment
action in Federal court.
``(2) Necessary conditions.--A person may not file with the
Office a petition to institute an inter partes review of a
patent unless the person, or a real party in interest or privy
of the person, has been--
``(A) sued for infringement of the patent; or
``(B) charged with infringement under the
patent.''.
(d) Limitation on Reviews.--Section 314(a) of title 35, United
States Code, is amended to read as follows:
``(a) Threshold.--
``(1) Likelihood of prevailing.--Subject to paragraph (2),
the Director may not authorize an inter partes review to be
instituted unless the Director determines that the information
presented in the petition filed under section 311 and any
response filed under section 313 show that there is a
reasonable likelihood that the petitioner would prevail with
respect to at least one of the claims challenged in the
petition.
``(2) Previous institution.--The Director may not authorize
an inter partes review to be instituted on a claim challenged
in a petition if the Director has previously instituted an
inter partes review or post-grant review with respect to that
claim.''.
(e) Reviewability of Institution Decisions.--Section 314 of title
35, United States Code, is amended by striking subsection (d) and
inserting the following:
``(d) No Appeal.--
``(1) Nonappealable determinations.--
``(A) Threshold determination.--A determination by
the Director on the reasonable likelihood that the
petitioner will prevail under subsection (a)(1) shall
be final and nonappealable.
``(B) Denials of institution.--A determination by
the Director not to institute an inter partes review
under this section shall be final and nonappealable.
``(2) Appealable determinations.--Any aspect of a
determination by the Director to institute an inter partes
review under this section, other than a determination described
in paragraph (1)(A), may be reviewed during an appeal of a
final written decision issued under section 318(a).''.
(f) Eliminating Repetitive Proceedings.--Section 315(e) of title
35, United States Code, is amended to read as follows:
``(e) Estoppel.--
``(1) Proceedings before the office.--A person petitioning
for an inter partes review of a claim in a patent under this
chapter, or the real party in interest or privy of the
petitioner, may not petition for a subsequent inter partes
review before the Office with respect to that patent on any
ground that the petitioner raised or reasonably could have
raised in the initial petition, unless, after the filing of the
initial petition, the petitioner, or the real party in interest
or privy of the petitioner, is charged with infringement of
additional claims of the patent.
``(2) Civil actions and other proceedings.--A person
petitioning for an inter partes review of a claim in a patent
under this chapter that results in an institution decision
under section 314, or the real party in interest or privy of
the petitioner, may not assert either in a civil action arising
in whole or in part under section 1338 of title 28 or in a
proceeding before the International Trade Commission under
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) that the
claim is invalid based on section 102 or 103 of this title,
unless the invalidity argument is based on allegations that the
claimed invention was in public use, on sale, or otherwise
available to the public before the effective filing date of the
claimed invention.''.
(g) Real Party in Interest.--
(1) Clarification of definition.--Section 315 of title 35,
United States Code, is amended by adding at the end the
following new subsection:
``(f) Petitioner.--For purposes of this chapter, a person that
directly or through an affiliate, subsidiary, or proxy makes a
financial contribution to the preparation for, or conduct during, an
inter partes review on behalf of the petitioner shall be considered a
real party in interest of the petitioner.''.
(2) Discovery of real party in interest.--Section 316(a)(5)
of title 35, United States Code, is amended to read as follows:
``(5) setting forth standards and procedures for discovery
of relevant evidence, including that such discovery shall be
limited to--
``(A) the deposition of witnesses submitting
affidavits or declarations;
``(B) evidence identifying the petitioner's real
parties in interest; and
``(C) what is otherwise necessary in the interest
of justice;''.
(h) Priority of Federal Court Validity Determinations.--
(1) In general.--Section 315 of title 35, United States
Code, as amended by subsections (f) and (g), is further
amended--
(A) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Federal Court Validity Determinations.--
``(1) Institution barred.--An inter partes review of a
patent claim may not be instituted if, in a civil action
arising in whole or in part under section 1338 of title 28 or
in a proceeding before the International Trade Commission under
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), a court
has entered a final judgment--
``(A) that decides the validity of the patent claim
with respect to section 102 or 103; and
``(B) from which an appeal under section 1295 of
title 28 may be taken, or from which an appeal under
section 1295 of title 28 was previously available but
is no longer available.
``(2) Stay of proceedings.--
``(A) In general.--If, in a civil action arising in
whole or in part under section 1338 of title 28 or in a
proceeding before the International Trade Commission
under section 337 of the Tariff Act of 1930 (19 U.S.C.
1337), a court has entered a final judgment that
decides the validity of a patent claim with respect to
section 102 or 103 and from which an appeal under
section 1295 of title 28 may be taken, the Patent Trial
and Appeal Board shall stay any ongoing inter partes
review of that patent claim pending a final decision.
``(B) Termination.--If the validity of a patent
claim described in subparagraph (A) is finally upheld
by a court or the International Trade Commission, as
applicable, the Patent Trial and Appeal Board shall
terminate the inter partes review.''.
(2) Technical and conforming amendments.--Chapter 31 of
title 35, United States Code, is amended--
(A) in section 315(b), by striking ``subsection
(c)'' and inserting ``subsection (d)'';
(B) in section 316(a)--
(i) in paragraph (11), by striking
``section 315(c)'' and inserting ``section
315(d)''; and
(ii) in paragraph (12), by striking
``section 315(c)'' and inserting ``section
315(d)''; and
(C) in section 317(a), by striking ``section
315(e)'' and inserting ``section 315(f)''.
SEC. 806. POST-GRANT REVIEW.
(a) Claim Construction.--Section 326(a) of title 35, United States
Code, is amended--
(1) in paragraph (9), by inserting after ``substitute
claims,'' the following: ``including the standard for how
substitute claims should be construed,'';
(2) in paragraph (11), by striking ``; and'' and inserting
a semicolon;
(3) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(13) providing that for all purposes under this chapter--
``(A) each challenged claim of a patent shall be
construed as the claim would be construed under section
282(b) in an action to invalidate a patent, including
by construing each challenged claim of the patent in
accordance with--
``(i) the ordinary and customary meaning of
the claim as understood by a person having
ordinary skill in the art to which the claimed
invention pertains; and
``(ii) the prosecution history pertaining
to the patent; and
``(B) if a court has previously construed a
challenged claim of a patent or a challenged claim term
in a civil action to which the patent owner was a
party, the Office shall consider that claim
construction.''.
(b) Burden of Proof.--Section 326(e) of title 35, United States
Code, is amended to read as follows:
``(e) Evidentiary Standards.--
``(1) Presumption of validity.--The presumption of validity
under section 282(a) shall apply to a previously issued claim
that is challenged during a proceeding under this chapter.
``(2) Burden of proof.--In a post-grant review instituted
under this chapter, the petitioner shall have the burden of
proving a proposition of unpatentability of a previously issued
claim by clear and convincing evidence.''.
(c) Standing.--Section 321 of title 35, United States Code, is
amended by adding at the end the following new subsection:
``(d) Persons That May Petition.--
``(1) Definition.--In this subsection, the term `charged
with infringement' means a real and substantial controversy
regarding infringement of a patent exists such that the
petitioner would have standing to bring a declaratory judgment
action in Federal court.
``(2) Necessary conditions.--A person may not file with the
Office a petition to institute a post-grant review of a patent
unless the person, or a real party in interest or privy of the
person, demonstrates--
``(A) a reasonable possibility of being--
``(i) sued for infringement of the patent;
or
``(ii) charged with infringement under the
patent; or
``(B) a competitive harm related to the validity of
the patent.''.
(d) Limitation on Reviews.--Section 324(a) of title 35, United
States Code, is amended to read as follows:
``(a) Threshold.--
``(1) Likelihood of prevailing.--Subject to paragraph (2),
the Director may not authorize a post-grant review to be
instituted unless the Director determines that the information
presented in the petition filed under section 321, if such
information is not rebutted, would demonstrate that it is more
likely than not that at least one of the claims challenged in
the petition is unpatentable.
``(2) Previous institution.--The Director may not authorize
a post-grant review to be instituted on a claim challenged in a
petition if the Director has previously instituted an inter
partes review or post-grant review with respect to that
claim.''.
(e) Reviewability of Institution Decisions.--Section 324 of title
35, United States Code, is amended by striking subsection (e) and
inserting the following:
``(e) No Appeal.--
``(1) Non-appealable determinations.--
``(A) Threshold determination.--A determination by
the Director on the likelihood that the petitioner will
prevail under subsection (a)(1) shall be final and
nonappealable.
``(B) Exercise of discretion.--A determination by
the Director not to institute a post-grant review under
this section shall be final and nonappealable.
``(2) Appealable determinations.--Any aspect of a
determination by the Director to institute a post-grant review
under this section, other than a determination described in
paragraph (1)(A), may be reviewed during an appeal of a final
written decision issued under section 328(a).''.
(f) Eliminating Repetitive Proceedings.--Section 325(e)(1) of title
35, United States Code, is amended to read as follows:
``(1) Proceedings before the office.--A person petitioning
for a post-grant review of a claim in a patent under this
chapter, or the real party in interest or privy of the
petitioner, may not petition for a subsequent post-grant review
before the Office with respect to that patent on any ground
that the petitioner raised or reasonably could have raised in
the initial petition, unless, after the filing of the initial
petition, the petitioner, or the real party in interest or
privy of the petitioner, is charged with infringement of
additional claims of the patent.''.
(g) Real Party in Interest.--
(1) Clarification of definition.--Section 325 of title 35,
United States Code, is amended by adding at the end the
following new subsection:
``(g) Real Party in Interest.--For purposes of this chapter, a
person that directly or through an affiliate, subsidiary, or proxy,
makes a financial contribution to the preparation for, or conduct
during, a post-grant review on behalf of the petitioner shall be
considered a real party in interest of the petitioner.''.
(2) Discovery of real party in interest.--Section 326(a)(5)
of title 35, United States Code, is amended to read as follows:
``(5) setting forth standards and procedures for discovery
of relevant evidence, including that such discovery shall be
limited to--
``(A) the deposition of witnesses submitting
affidavits or declarations;
``(B) evidence identifying the petitioner's real
parties in interest; and
``(C) what is otherwise necessary in the interest
of justice;''.
(h) Priority of Federal Court Validity Determinations.--
(1) In general.--Section 325 of title 35, United States
Code, as amended by subsections (f) and (g), is further
amended--
(A) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively; and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Federal Court Validity Determinations.--
``(1) Institution barred.--A post-grant review of a patent
claim may not be instituted if, in a civil action arising in
whole or in part under section 1338 of title 28 or in a
proceeding before the International Trade Commission under
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), a court
has entered a final judgment--
``(A) that decides the validity of the patent claim
with respect to section 102 or 103; and
``(B) from which an appeal under section 1295 of
title 28 may be taken, or from which an appeal under
section 1295 of title 28 was previously available but
is no longer available.
``(2) Stay of proceedings.--
``(A) In general.--If, in a civil action arising in
whole or in part under section 1338 of title 28 or in a
proceeding before the International Trade Commission
under section 337 of the Tariff Act of 1930 (19 U.S.C.
1337), a court has entered a final judgment that
decides the validity of a patent claim with respect to
section 102 or 103 and from which an appeal under
section 1295 of title 28 may be taken, the Patent Trial
and Appeal Board shall stay any ongoing post-grant
review of that patent claim pending a final decision.
``(B) Termination.--If the validity of a patent
claim described in subparagraph (A) is finally upheld
by a court or the International Trade Commission, as
applicable, the Patent Trial and Appeal Board shall
terminate the post-grant review.''.
(2) Technical and conforming amendments.--Chapter 32 of
title 35, United States Code, is amended--
(A) in section 326(a)(11), by striking ``section
325(c)'' and inserting ``section 325(d)''; and
(B) in section 327(a), by striking ``section
325(e)'' and inserting ``section 325(f)''.
SEC. 807. COMPOSITION OF POST-GRANT REVIEW AND INTER PARTES REVIEW
PANELS.
Section 6(c) of title 35, United States Code, is amended to read as
follows:
``(c) 3-Member Panels.--
``(1) In general.--Each appeal, derivation proceeding,
post-grant review, and inter partes review shall be heard by at
least 3 members of the Patent Trial and Appeal Board, who shall
be designated by the Director.
``(2) Ineligibility to hear review.--A member of the Patent
Trial and Appeal Board who participates in the decision to
institute a post-grant review or an inter partes review of a
patent shall be ineligible to hear the review.
``(3) Rehearings.--Only the Patent Trial and Appeal Board
may grant rehearings.''.
SEC. 808. REEXAMINATION OF PATENTS.
(a) Request for Reexamination.--Section 302 of title 35, United
States Code, is amended to read as follows:
``Sec. 302. Request for reexamination
``Any person at any time may file a request for reexamination by
the Office of any claim of a patent on the basis of any prior art cited
under the provisions of section 301. The request must be in writing and
must be accompanied by payment of a reexamination fee established by
the Director pursuant to the provisions of section 41. The request must
identify all real parties in interest and certify that reexamination is
not barred under section 303(d). The request must set forth the
pertinency and manner of applying cited prior art to every claim for
which reexamination is requested. Unless the requesting person is the
owner of the patent, the Director promptly will send a copy of the
request to the owner of record of the patent.''.
(b) Reexamination Barred by Civil Action.--Section 303 of title 35,
United States Code, is amended by adding at the end the following new
subsection:
``(d) An ex parte reexamination may not be instituted if the
request for reexamination is filed more than 1 year after the date on
which the requester or a real party in interest or privy of the
requester is served with a complaint alleging infringement of the
patent.''.
SEC. 809. RESTORATION OF PATENTS AS PROPERTY RIGHTS.
Section 283 of title 35, United States Code, is amended--
(1) by striking ``The several courts'' and inserting the
following:
``(a) In General.--The several courts''; and
(2) by adding at the end the following:
``(b) Injunction.--Upon a finding by a court of infringement of a
patent not proven invalid or unenforceable, the court shall presume
that--
``(1) further infringement of the patent would cause
irreparable injury; and
``(2) remedies available at law are inadequate to
compensate for that injury.''.
SEC. 810. INVENTOR PROTECTIONS.
(a) Inventor-Owned Patent Protections.--Chapter 32 of title 35,
United States Code, is amended by adding at the end the following new
section:
``Sec. 330. Inventor protections
``(a) Protection From Post Issuance Proceedings in the United
States Patent and Trademark Office.--The United States Patent and
Trademark Office shall not undertake a proceeding to reexamine, review,
or otherwise make a determination about the validity of an inventor-
owned patent without the consent of the patentee.
``(b) Choice of Venue.--Any civil action for infringement of an
inventor-owned patent or any action for a declaratory judgment that an
inventor-owned patent is invalid or not infringed may be brought in a
judicial district--
``(1) in accordance with section 1400(b) of title 28;
``(2) where the defendant has agreed or consented to be
sued in the instant action;
``(3) where an inventor named on the patent in suit
conducted research or development that led to the application
for the patent in suit;
``(4) where a party has a regular and established physical
facility that such party controls and operates, not primarily
for the purpose of creating venue, and has--
``(A) engaged in management of significant research
and development of an invention claimed in a patent in
suit prior to the effective filing date of the patent;
``(B) manufactured a tangible good that is alleged
to embody an invention claimed in a patent in suit; or
``(C) implemented a manufacturing process for a
tangible good in which the process is alleged to embody
an invention claimed in a patent in suit; or
``(5) in the case of a foreign defendant that does not meet
the requirements of section 1400(b) of title 28, in accordance
with section 1391(c)(3) of such title.''.
SEC. 811. REGISTRATION OF AGENT.
(a) In General.--Chapter 190 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 5002. Registration of an agent for the service of process on
covered entities
``(a) In General.--A covered entity conducting business in the
United States shall register with the Department of Commerce not less
than one agent residing in the United States if the covered entity--
``(1) is owned by officers, members, or affiliates of the
Chinese Communist Party, the People's Liberation Army of China,
or any governmental organ of the People's Republic of China,
including regional and local governments;
``(2) is traded in shares and such shares are held in
majority by any individual or group of individuals who are
officers, members, or affiliates of the Chinese Communist
Party, the People's Liberation Army of China, or any
governmental organ of the People's Republic of China, including
regional and local governments;
``(3) is owned by individuals or other entities who reside
or are headquartered outside of the United States and the
majority of business earnings of the covered entity are derived
from commerce with entities owned by officers, members, or
affiliates of the Chinese Communist Party, the People's
Liberation Army of China, or any governmental organ of the
People's Republic of China, including regional and local
governments of the Chinese Communist Party, of the People's
Liberation Army of China, or in the People's Republic of China;
or
``(4) is organized under the laws of, or has its principal
place of business in, the People's Republic of China.
``(b) Filing.--A registration required under subsection (a) shall
be filed with the Department of Commerce not later than 30 days after--
``(1) the date of enactment of this Act, or
``(2) the departure of the previously registered agent from
employment or contract with the covered entity.
``(c) Purpose of Registered Agent.--
``(1) Availability.--A covered entity shall ensure that not
less than one registered agent on whom process may be served is
available at the business address of the registered agent each
day from 9 a.m. to 5 p.m. in the time zone of the business
address, excluding Saturdays, Sundays, and Federal holidays.
``(2) Communication.--The registered agent shall be
required to be available to accept service of process on behalf
of the covered entity under which the agent is registered by
the means of any communication included in the registration
submitted to the Department of Commerce.
``(d) Cooperation.--A registered agent shall cooperate in good
faith with the United States Government and representatives of other
individuals and entities.
``(e) Required Information.--The registration submitted to the
Department of Commerce shall include the following information:
``(1) The name of the covered entity registering an agent
under this section.
``(2) The name of the Chief Executive Officer, President,
Partner, Chairman, or other controlling individual of the
covered entity.
``(3) The name of the individual who is being registered as
the agent for the service of process.
``(4) The business address of the covered entity
registering an agent under this section.
``(5) The business address of the individual who is being
registered as the agent for the service of process.
``(6) Contact information, including an email address and
phone number for the individual who is being registered as the
agent for the service of process.
``(7) The date on which the agent shall begin to accept
service of process under this section.
``(f) Website.--The information submitted to the Department of
Commerce pursuant to this section shall be made available on a publicly
accessible database on the website of the Department of Commerce.
``(g) Personal Jurisdiction.--A covered entity that registers an
agent under this section thereby consents to the personal jurisdiction
of the State or Federal courts of the State in which the registered
agent is located for the purpose of any regulatory proceeding or civil
action relating to such covered entity.
``(h) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means--
``(A) a corporation, partnership, association,
organization, or other combination of persons
established for the purpose of commercial activities;
or
``(B) a trust or a fund established for the purpose
of commercial activities.
``(2) Department of commerce.--The term `Department of
Commerce' means the United States Department of Commerce.''.
(b) Clerical Amendment.--The table of sections for chapter 190 of
title 28, United States Code, is amended by adding at the end the
following:
``5002. Registration of an agent for the service of process on covered
entities.''.
SEC. 812. EXCEPTION TO SOVEREIGN IMMUNITY.
Section 1603(b)(2) of title 28, United States Code, is amended by
inserting ``except the People's Republic of China,'' after ``owned by a
foreign state,''.
SEC. 813. REDRESS OF THEFT OF TRADE SECRETS EXTRATERRITORIALLY.
Section 1836 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(e) Applicability to Conduct Outside United States.--
Notwithstanding any other provision of law, this section shall apply to
conduct occurring outside the United States and impacting United States
commerce, including conduct by an offender who is--
``(1) not a United States person or an alien lawfully
admitted for permanent residence into the United States; or
``(2) an organization which is created or organized under
the laws of a foreign government or which has its principal
place of business located outside of the United States.''.
SEC. 814. RESTRICTION ON FEDERAL GRANTS AND OTHER FORMS OF ASSISTANCE.
(a) Restriction.--
(1) In general.--Notwithstanding any other provision of
law, the head of each Federal department or agency may not
provide grants, awards, or other forms of assistance, that is
currently authorized in law, to a United States business to
improve the resilience or competitiveness of a business unless
such business agrees that it:
(A) will not engage in expanded cooperation
activities with any Chinese entity, and
(B) will not expand its own activities within the
People's Republic of China (including Hong Kong and
Macau).
(2) Ineligibility.--If a United States business that has
received a grant or other form of assistance described in
paragraph (1) engages in expanded cooperation activities with
any Chinese entity, or expands its own activities within the
People's Republic of China, such business--
(A) shall provide reimbursement to the Federal
Government in an amount equal to the amount of the
grant or other form of assistance; and
(B) shall be ineligible for any other grants or
other forms of assistance described in paragraph (1)
from any Federal department or agency.
(b) Report.--The Secretary of the Treasury shall submit to Congress
on an annual basis a report on investments made by United States
businesses that receive grants or other forms of assistance described
in subsection (a) in--
(1) production in the People's Republic of China; and
(2) production elsewhere by any Chinese entity.
(c) Chinese Entity Defined.--In this section:
(1) Chinese entity.--The term ``Chinese entity'' means any
entity organized under the laws of the People's Republic of
China or otherwise subject to the jurisdiction of the
Government of the People's Republic of China, and any entity
owned or controlled by the Government of the People's Republic
of China, or an entity subject to the jurisdiction of the
Government of the People's Republic of China.
(2) Expanded cooperation activities.--The term ``expanded
cooperation activities'', with respect to a Chinese entity,
means investments in, exports of technology to, any activity
that provides capital, technology, or expertise to the entity,
or any other form of cooperation with, the entity.
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize a new Federal grant or award program.
SEC. 815. RESTRICTION ON NATIONAL SCIENCE FOUNDATION GRANTS AND OTHER
FORMS OF ASSISTANCE TO COMMUNIST CHINESE MILITARY
COMPANIES AND THEIR AFFILIATES.
(a) In General.--Notwithstanding any other provision of law, the
Director of the National Science Foundation may not provide grants or
other forms of assistance to any individual or entity that is
affiliated or otherwise has a relationship, including but not limited
to a research partnership, joint venture, or contract with--
(1) an entity included on the list maintained and set forth
in Supplement No. 4 to part 744 of the Export Administration
Regulations;
(2) a company on the list required by section 1237 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note), or
required by section 1260H of the Mac Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), or on the Non-SDN Chinese Military-Industrial Complex
Companies List (NS-CMIC List) or any successor list; or
(3) any parent, subsidiary, affiliate of, or entity owned
by or controlled by, an entity described in (a)(1) and (a)(2).
(b) Export Administration Regulations Defined.--In this section,
the term ``Export Administration Regulations'' means the regulations
set forth in subchapter C of chapter VII of title 15, Code of Federal
Regulations, or successor regulations.
SEC. 816. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS.
(a) In General.--Section 212(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows:
``(A) In general.--Any alien is inadmissible who a
consular officer or the Secretary of Homeland Security
knows, or has reasonable ground to believe--
``(i) engages, has engaged, or will engage
in any activity--
``(I) in violation of any law of
the United States relating to espionage
or sabotage; or
``(II) that would violate any law
of the United States relating to
espionage or sabotage if the activity
occurred in the United States;
``(ii) engages, has engaged, or will engage
in any activity in violation or evasion of any
law prohibiting the export from the United
States of goods, technology, or sensitive
information;
``(iii) seeks to enter the United States to
engage solely, principally, or incidentally in
any other unlawful activity;
``(iv) seeks to enter the United States to
engage solely, principally, or incidentally in
any activity a purpose of which is the
opposition to, or the control or overthrow of,
the Government of the United States by force,
violence, or other unlawful means; or
``(v) is the spouse or child of an alien
who is inadmissible under this subparagraph, if
the activity causing the alien to be found
inadmissible occurred within the last 5
years.''.
(b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended--
(1) by striking ``(3)(A)(i)(I), (3)(A)(ii),'' each place
such term appears; and
(2) by inserting ``(3)(A)(iv),'' after ``(3)(A)(iii),''
each place such term appears.
TITLE IX--MATTERS RELATED TO FINANCIAL SERVICES
SEC. 901. OPPOSITION OF THE UNITED STATES TO AN INCREASE IN THE WEIGHT
OF THE CHINESE RENMINBI IN THE SPECIAL DRAWING RIGHTS
BASKET OF THE INTERNATIONAL MONETARY FUND.
(1) The Secretary of the Treasury shall instruct the United
States Governor of, and the United States Executive Director
at, the International Monetary Fund to use the voice and vote
of the United States to oppose any increase in the weight of
the Chinese renminbi in the basket of currencies used to
determine the value of Special Drawing Rights, unless the
Secretary of the Treasury has submitted to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
a written report which includes a certification that--
(A) the People's Republic of China is in compliance
with all its obligations under Article VIII of the 19
Articles of Agreement of the Fund;
(B) in the preceding 12 months, there has not been
a report submitted under section 3005 of the Omnibus
Trade and Competitiveness Act of 1988 or section 701 of
the Trade Facilitation and Trade Enforcement Act of
2015 in which the People's Republic of China has been
found to have manipulated its currency;
(C) the People's Republic of China has instituted
and is implementing the policies and practices
necessary to ensure that the renminbi is freely usable
(within the meaning of Article XXX(f) of the Articles
of Agreement of the Fund); and
(D) the People's Republic of China adheres to the
rules and principles of the Paris Club and the OECD
Arrangement on Officially Supported Export Credits.
SEC. 902. SUNSET.
Section 901 shall have no force or effect beginning 10 years after
the date of the enactment of this Act.
SEC. 903. STRENGTHENING CONGRESSIONAL OVERSIGHT OF SPECIAL DRAWING
RIGHTS AT THE IMF.
Section 6 of the Special Drawing Rights Act (22 U.S.C. 286q) is
amended--
(1) in subsection (a)--
(A) by striking ``each basic period'' and inserting
``any 10-year period''; and
(B) by inserting ``25 percent of'' before ``the
United States quota''; and
(2) in subsection (b)--
(A) by inserting ``, or consent to or acquiesce in
such an allocation,'' before ``without consultations'';
(B) by striking ``90'' and inserting ``180''; and
(C) by inserting ``Chairman and ranking minority
members of'' before ``the appropriate subcommittees''.
SEC. 904. PROHIBITION ON ALLOCATIONS FOR PERPETRATORS OF GENOCIDE AND
STATE SPONSORS OF TERRORISM WITHOUT CONGRESSIONAL
AUTHORIZATION.
Section 6(b) of the Special Drawing Rights Act (22 U.S.C. 286q(b))
is amended by adding at the end the following:
``(3) Unless Congress by law authorizes such action,
neither the President nor any person or agency shall on behalf
of the United States vote to allocate Special Drawing Rights
under article XVIII, sections 2 and 3, of the Articles of
Agreement of the Fund to a member country of the Fund, if the
President of the United States has found that the government of
the member country--
``(A) has committed genocide at any time during the
10-year period ending with the date of the vote; or
``(B) has repeatedly provided support for acts of
international terrorism.''.
SEC. 905. OPPOSITION TO QUOTA INCREASE FOR COUNTRIES THAT UNDERMINE IMF
PRINCIPLES.
The Bretton Woods Agreements Act (22 U.S.C. 286-286zz) is amended--
(1) by redesignating the 2nd section 73 (as added by
section 1901 of division P of Public Law 116-94) as section 74;
and
(2) by adding at the end the following:
``SEC. 75. OPPOSITION TO QUOTA INCREASE FOR COUNTRIES THAT UNDERMINE
FUND PRINCIPLES.
``(a) In General.--Not less than 7 days before consideration of any
proposal to increase the quota of a foreign member of the Fund that is
one of the 10 largest shareholders in the Fund, the Secretary of the
Treasury shall submit a report to the Committee on Financial Services
of the House and the Committee on Foreign Relations of the Senate that
determines whether the foreign member meets the following criteria:
``(1) The member is in compliance with all obligations set
forth in Article VIII of the Articles of Agreement of the Fund.
``(2) The member, in the preceding 12 months, was not found
to have manipulated its currency, as determined in a report
required by section 3005 of the Omnibus Trade and
Competitiveness Act of 1988 or section 701 of the Trade
Facilitation and Trade Enforcement Act of 2015.
``(3) In the case of a member whose currency is included in
the Special Drawing Rights basket of the Fund, the currency of
the member is freely usable (within the meaning of Article
XXX(f) of the Articles of Agreement of the Fund) and the
Secretary concurs with the determinations of the Fund described
in that Article, and, in the preceding 12 months, the member
has demonstrated its commitment to ensuring that its currency
is widely used and traded internationally.
``(4) The member is committed to the rules and principles
of the Paris Club.
``(b) Effect of Determination.--On determining that a member of the
Fund has failed to meet any of the criteria set forth in subsection
(a), the Secretary shall instruct the Governor of the Fund to use the
voice and vote of the United States to oppose the proposal to increase
the quota of the member in the Fund.
``(c) Waiver.--The President may waive subsection (b) with respect
to a member of the Fund on reporting to the Committee on Financial
Services of the House of Representatives and the Committee on Foreign
Relations of the Senate that--
``(1) the waiver is important to the national interest of
the United States, with an explanation of the reasons therefor;
or
``(2) the member is attempting to rectify the failure, with
a description of the actions the member is taking to fulfill
any unmet criteria.
``(d) Prohibition.--Notwithstanding subsection (c), the Governor of
the Fund may not use the voice or vote of the United States to support
a proposal to increase the quota of a member in the Fund if the
President of the United States determines that the government of the
member interfered in a United States election for Federal office (as
defined in section 301 of the Federal Election Campaign Act of 1971) in
the 4 years preceding consideration of the proposal.
``(e) Proposal Consideration.--For the purposes of this section,
consideration of a proposal to increase the quota of a foreign member
of the Fund does not include consent to an amendment to the Articles of
Agreement of the Fund that has been authorized by law.
``(f) Sunset.--This section shall cease to have force or effect 10
years after the date of the enactment of this Act.''.
SEC. 906. OPPOSITION OF THE UNITED STATES TO INTERNATIONAL MONETARY
FUND LOAN TO A COUNTRY WHOSE PUBLIC DEBT IS NOT LIKELY TO
BE SUSTAINABLE IN THE MEDIUM TERM.
(a) In General.--Section 68(a) of the Bretton Woods Agreements Act
(22 U.S.C. 286tt(a)) is amended--
(1) in paragraph (2), by inserting after the comma the
following: ``or a staff analytical report of the Fund states
that there is not a high probability that the public debt of
the country is sustainable in the medium term,''; and
(2) by adding at the end the following:
``(3) Waiver authority.--The Secretary of the Treasury may
waive paragraph (2) on a case-by-case basis if the Secretary
provides a written certification to the Committee on Financial
Services of the House of Representatives and the Committee on
Foreign Relations of the Senate that the waiver is important to
the national interest of the United States, and includes with
the certification a written statement of the reasons
therefor.''.
(b) Sunset.--This section shall cease to have force or effect 10
years after the date of the enactment of this Act.
SEC. 907. CONGRESSIONAL NOTIFICATION WITH RESPECT TO EXCEPTIONAL ACCESS
LENDING.
(a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286-
286zz), as amended by section 2 of this Act, is amended by adding at
the end the following:
``SEC. 76. CONGRESSIONAL NOTIFICATION WITH RESPECT TO EXCEPTIONAL
ACCESS LENDING.
``(a) In General.--The United States Executive Director at the
International Monetary Fund may not support any proposal that would
alter the criteria used by the Fund for exceptional access lending if
the proposal would permit a country that is ineligible, before the
proposed alteration, to receive exceptional access lending, unless, not
later than 15 days before consideration of the proposal by the Board of
Executive Directors of the Fund, the Secretary of the Treasury has
submitted to the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report on the justification for the proposal and the effects of the
proposed alteration on moral hazard and repayment risk at the Fund.
``(b) Waiver.--The President may reduce the applicable notice
period required under subsection (a) to not less than 7 days on
reporting to the Committee on Financial Services of the House of
Representatives and Committee on Foreign Relations of the Senate that
the reduction is important to the national interest of the United
States, with an explanation of the reasons therefor.''.
(b) Sunset.--This section shall cease to have force or effect 10
years after the date of the enactment of this Act.
SEC. 908. CONDITION ON IMF QUOTA INCREASE FOR THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--The United States Governor of the International
Monetary Fund (in this section referred to as the ``Fund'') shall use
the voice and vote of the United States to oppose, and may not consent
to, an increase in the quota of the People's Republic of China in the
Fund, unless the Secretary of the Treasury reports to the Congress
that--
(1) the Board of Governors of the Fund is considering
admission of Taiwan as a member of the Fund, pursuant to the
recommendation of the Board of Executive Directors of the Fund;
or
(2) Taiwan enjoys meaningful participation in the Fund,
including through--
(A) participation in regular surveillance
activities of the Fund with respect to the economic and
financial policies of Taiwan, consistent with Article
IV consultation procedures of the Fund;
(B) employment opportunities for Taiwan nationals,
without regard to any consideration that, in the
determination of the Secretary, does not generally
restrict the employment of nationals of member
countries of the Fund; and
(C) the ability to receive appropriate technical
assistance and training by the Fund.
(b) Waiver.--The Secretary of the Treasury may waive subsection (a)
of this section with respect to a proposal on reporting to the Congress
that providing the waiver will substantially promote the objective of
securing more equitable treatment of Taiwan at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act).
(c) Sunset.--This section shall have no force or effect beginning
with the date that is 7 years after the date of the enactment of this
Act.
SEC. 909. ENSURING NON-DISCRIMINATION WITH RESPECT TO TRAVEL POLICIES
AT THE INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) In General.--The Secretary shall instruct the United States
Executive Director at each international financial institution to use
the voice and vote of the United States to ensure that the travel
policies and procedures of the respective institution with respect to
Taiwan as a destination or transit point do not impose any
administrative conditions, including through restrictions on logistical
arrangements or meeting participants, that do not generally apply to a
member country of the institution as a destination or transit point,
except as required temporarily for reasons of public safety or public
health.
(b) Definitions.--In this section:
(1) International financial institution.--The term
``international financial institution'' has the meaning given
the term in section 1701(c)(2) of the International Financial
Institutions Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(c) Waiver.--The Secretary may waive subsection (a) with respect to
an international financial institution for up to 1 year at a time on
reporting to the Congress that providing the waiver--
(1) will substantially promote the objective of securing
more equitable treatment of Taiwan at the international
financial institution; or
(2) is in the national interest of the United States, with
a detailed explanation of the reasons therefor.
(d) Progress Report.--The Chairman of the National Advisory Council
on International Monetary and Financial Policies shall submit to the
Congress an annual report that describes the progress made in advancing
the travel policies and procedures described in subsection (a), and may
consolidate that report with the annual report required by section 1701
of the International Financial Institutions Act or any other report
required to be submitted to the Secretary.
(e) Sunset.--This section shall have no force or effect beginning
with the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date on which the Secretary reports to the Congress
that each international financial institution has adopted the
travel policies and procedures described in subsection (a).
SEC. 910. TESTIMONY REQUIREMENT.
In each of the next 7 years in which the Secretary of the Treasury
is required by section 1705(b) of the International Financial
Institutions Act to present testimony, the Secretary shall include in
the testimony a description of the efforts of the United States to
support the greatest participation practicable by Taiwan at each
international financial institution (as defined in section 1701(c)(2)
of such Act).
SEC. 911. STATEMENT OF UNITED STATES POLICY REGARDING THE DOLLAR.
It is the policy of the United States to facilitate the position of
the dollar as the primary global reserve currency, including through
vigorous support of--
(1) deep, open, and transparent financial markets;
(2) continuous improvements to domestic and international
payment methods that facilitate dollar transactions;
(3) sound macroeconomic governance and a rules-based system
of international trade; and
(4) clear and realistic objectives in the deployment of
financial restrictions arising from national security
considerations.
SEC. 912. REPORT ON DOLLAR STRATEGY.
(a) In General.--The Secretary of the Treasury (in this section
referred to as the ``Secretary'') shall establish a strategy that
implements the policy described in section 2.
(b) Consultation.--The Secretary shall, as appropriate, consult
with the Board of Governors of the Federal Reserve System when
establishing the strategy pursuant to subsection (a).
(c) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall submit to the Committee
on Financial Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a report that
describes--
(1) the strategy established by the Secretary pursuant to
subsection (a);
(2) key measures taken by the Secretary to implement the
strategy;
(3) any legislative recommendations that would strengthen
the ability of the United States to advance the policy
described in section 2;
(4) a description of efforts by major foreign central
banks, including the People's Bank of China, to create an
official digital currency, as well as any risks to the national
interest of the United States posed by such efforts;
(5) the status of efforts to assess or develop an official
United States digital currency by the Board of Governors of the
Federal Reserve System; and
(6) any implications for the strategy established by the
Secretary pursuant to subsection (a) arising from the relative
state of development of an official digital currency by the
United States and other nations, including the People's
Republic of China.
(d) Renminbi Assessment.--The report described in subsection (c)
shall--
(1) evaluate the role of the renminbi in international
payments and foreign exchange reserves;
(2) assess currency-related policies in China, including--
(A) the provision of Chinese government-backed
assets;
(B) the extension of credit abroad by the Chinese
government; and
(C) the development of cross-border payment systems
as tools to advance strategic objectives of the
government of the People's Republic of China; and
(3) recommend policy options aimed at mitigating medium-
term and long-term risks to the national interest of the United
States that may arise as a result of the internationalization
of the renminbi.
(e) Annual Updates.--After submitting an initial report in
accordance with subsection (c), the Secretary shall submit, to the
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate, an
updated version of such report each year.
SEC. 913. SUNSET.
Section 912 shall have no force or effect after the date that is 7
years after the date of the enactment of this Act.
TITLE X--OFFSETS
SEC. 1001. RESCISSION OF CERTAIN FEDERAL FUNDS APPROPRIATED FOR STATE,
CITY, LOCAL, AND TRIBAL GOVERNMENTS.
Notwithstanding any other provision of law, the total amount of
unobligated funds available under any of sections 601 through 603 of
title VI of the Social Security Act are hereby permanently rescinded.
TITLE XI--NATIONAL SECURITY AUTHORIZATIONS
SEC. 1101. AUTHORIZATION TO HIRE ADDITIONAL STAFF FOR THE OFFICE OF
FOREIGN ASSET CONTROL OF THE DEPARTMENT OF THE TREASURY.
The Secretary of the Treasury, acting through the Director of the
Office of Foreign Assets Control, is authorized to hire an additional
10 full-time employees to carry out activities of the Office associated
with the People's Republic of China.
SEC. 1102. AUTHORIZATION OF APPROPRIATIONS FOR INDOPACOM UNFUNDED
PRIORITIES.
There is authorized to be appropriated to the Department of Defense
each of the following amounts for the purpose specified:
(1) For the Guam Defense System, $231,700,000.
(2) For the Mission Partner Environment, $84,540,000.
(3) For the Pacific Multi-Domain Training and
Experimentation Capability, $114,410,000.
(4) For Homeland Defense Radar-Hawaii, $75,000,000.
(5) For Military Information Support Operations,
$28,000,000.
(6) For Wargaming Analytical Tools (STORMBREAKER),
$88,000,000.
(7) For the Joint Staff CE2T2/Joint Exercise Program,
$35,100,000.
(8) For Critical Manpower Positions, $4,620,000.
(9) For the Pacific Movement Coordination Center, $500,000.
(10) For MILCON: Planning and Design, $68,200,000.
(11) For Future Fusion Centers, $3,300,000.
(12) For Building Partnership Capacity, $130,600,000.
(13) For Enhanced ISR Augmentation, $41,000,000.
SEC. 1103. AUTHORIZATION TO HIRE ADDITIONAL STAFF FOR THE OFFICE OF
CUSTOMS AND BORDER PROTECTION FORCE LABOR ACTIVITIES.
The Director of the Office of Trade is authorized to hire an
additional 28 full time employees for carrying out section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 1104. AUTHORIZATION FOR THE DEPARTMENT OF JUSTICE'S CHINA
INITIATIVE.
(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Attorney General shall establish an
initiative to be known as the ``China Initiative'', which shall be
carried out by Assistant Attorney General for National Security
(hereinafter in this Act referred to as the ``AAGNS'') to counter and
deter the wide range of national security threats posed by the policies
and practices of the People's Republic of China (PRC) government.
(b) Staff.--The Assistant Attorney General for National Security is
authorized to direct employees assigned to the National Security
Division of the Department of Justice to assist with the China
Initiative and shall hire an additional 10 full-time employees to carry
out activities of the China Initiative.
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Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Oversight and Reform, Financial Services, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Rules, Transportation and Infrastructure, Science, Space, and Technology, Natural Resources, Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
Referred to the Subcommittee on Asia, the Pacific, Central Asia and Nonproliferation.
Referred to the Subcommittee on Energy and Mineral Resources.