No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7476 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7476
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
February 29, 2024
Mr. Hern (for himself, Mr. Wilson of South Carolina, Mr. Duncan, Mr.
Gooden of Texas, Mr. Curtis, Mrs. McClain, Mr. Higgins of Louisiana,
Mrs. Harshbarger, Mr. Burchett, Mrs. Cammack, Ms. Van Duyne, Mr.
LaMalfa, Mr. Tiffany, Mr. Pfluger, Mr. Reschenthaler, Mr. Rouzer, Mr.
Dunn of Florida, Mr. Fleischmann, Mr. Mooney, Mr. Edwards, Ms. Greene
of Georgia, Mr. Collins, Mr. Burlison, Mr. Ellzey, Mr. Mike Garcia of
California, Mr. Langworthy, Mr. Babin, Mr. Bean of Florida, Mr.
Lamborn, Mr. Webster of Florida, Mr. Baird, Mr. Kelly of Pennsylvania,
Mr. Scott Franklin of Florida, Mr. Fulcher, Mr. Ezell, Mr. Fry, Mr.
Arrington, Mr. Hill, Mr. Bergman, Mr. Van Drew, and Mr. Moore of
Alabama) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Financial Services, Ways and Means, Rules, the Judiciary, Oversight and
Accountability, Energy and Commerce, Intelligence (Permanent Select),
Agriculture, Science, Space, and Technology, Natural Resources,
Education and the Workforce, Armed Services, Transportation and
Infrastructure, and Veterans' Affairs, 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:
TITLE I--MATTERS RELATED TO TRADE, INVESTMENT, AND ECONOMIC RELATIONS
TITLE II--MATTERS RELATING TO COUNTERING CHINA'S MALIGN INFLUENCE
TITLE III--MATTERS RELATING TO MEDICAL AND NATIONAL SECURITY SUPPLY
CHAINS
TITLE IV--MATTERS RELATING TO RESEARCH AND DEVELOPMENT
TITLE V--MATTERS RELATED TO EDUCATION
TITLE VI--MATTERS RELATED TO DEMOCRACY, HUMAN RIGHTS AND TAIWAN
TITLE VII--MATTERS RELATED TO DEFENSE
TITLE VIII--MATTERS RELATED TO THE PROTECTION OF INTELLECTUAL PROPERTY
TITLE IX--MATTERS RELATED TO FINANCIAL SERVICES
TITLE X--OFFSETS
XI--NATIONAL SECURITY AUTHORIZATIONS
XII--FENTANYL
XIII--ENERGY
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 RELATED TO TRADE, INVESTMENT, AND ECONOMIC RELATIONS
SEC. 101. PREVENTING ADVERSARIES FROM DEVELOPING CRITICAL CAPABILITIES.
(a) Short Title.--This section may be cited as the ``Preventing
Adversaries from Developing Critical Capabilities Act''.
(b) Exercise of Authorities Under the International Emergency
Economic Powers Act.--
(1) In general.--The President may exercise all authorities
provided under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) necessary to carry out the provisions
of this section, including authorities to impose penalties
under section 206 of such Act.
(2) Delegation.--The President may delegate the authorities
described in paragraph (1) to the head of any Federal agency
the President determines appropriate in order to carry out the
provisions of this section.
(c) Prohibition on Covered Activities in Covered Sectors That Pose
Particularly Acute Threats to United States National Security.--
(1) Identification of categories of technologies and
products.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter as described in subparagraph (B), the
President--
(i) shall identify categories of
technologies and products in covered sectors
that may pose a particularly acute threat to
the national security of the United States if
developed or acquired by a country of concern;
and
(ii) publish a list of the categories of
technologies and products identified under
subparagraph (A) in the Federal Register.
(B) Updates.--The President shall annually review
and update the list of the categories of technologies
and products identified under subparagraph (A)(i) and
update the Federal Register under subparagraph (A)(ii)
as appropriate.
(2) Prohibition on covered activities.--The President
shall, on or after the date on which the initial list of
categories of technologies and products is published in the
Federal Register pursuant to paragraph (1)(A)(ii), prescribe,
subject to public notice and comment, regulations to prohibit a
United States person from engaging, directly or indirectly, in
a covered activity involving a category of technologies and
products on such list of categories of technologies and
products in a covered sector. Such regulations should--
(A) require that a United States person take all
reasonable steps to prohibit and prevent any
transaction by a foreign entity under the control of
the United States person that would be a prohibited
transaction if engaged in by a United States person;
and
(B) exclude any transaction consisting of the
acquisition of an equity or other interest in an entity
located outside a country of concern, where the
President has determined that the government of the
country in which that entity is established or has its
principal place of business has in place a program for
the restriction of certain activities involving
countries of concern that is comparable to the
provisions provided for in this Act.
(3) Sense of congress.--It is the sense of Congress that
the covered sectors include certain categories of technologies
and products that would pose a particularly acute threat to the
national security of the United States if developed or acquired
by a country of concern, and that the President should identify
certain technologies and products in the covered sectors as
categories of technologies and products in covered sectors for
purposes of paragraph (1)(A).
(d) Mandatory Notification of Covered Activities in Covered Sectors
That May Pose Threats to United States National Security.--
(1) Identification of categories of technologies and
products.--Not later than one year after the date of the
enactment of this Act, the President shall--
(A) identify categories of technologies and
products in covered sectors that may pose a threat to
the national security of the United States if developed
or acquired by a country of concern;
(B) publish a list of the categories of
technologies and products identified under subparagraph
(A) in the Federal Register; and
(C) annually thereafter, review the categories of
technologies and products identified under subparagraph
(A) and publish an updated list of the categories of
technologies and products in the Federal Register under
subparagraph (B) if the list identified in subparagraph
(B) has changed.
(2) Mandatory notification.--
(A) In general.--Beginning on the date that is 90
days after the date on which the initial list of
categories of technologies and products is published in
the Federal Register pursuant to paragraph (1)(B), a
United States person engaging in a covered activity
involving a category identified in paragraph (1)(A), or
controlling a foreign entity engaging in an activity
that would be a covered activity if engaged in by a
United States person, shall submit to the President a
complete written notification of the activity not later
than 14 days after the completion date of the activity.
(B) Circulation of notification.--
(i) In general.--The President shall, upon
receipt of a notification under subparagraph
(A), promptly inspect the notification for
completeness.
(ii) Incomplete notification.--If a
notification submitted under subparagraph (A)
is incomplete, the President shall promptly
inform the United States person that submits
the notification that the notification is not
complete and provide an explanation for
relevant material respect in which the
notification is not complete.
(C) Identification of non-notified activity.--The
President shall establish a process to identify a
covered activity involving a category identified under
paragraph (1)(A) for which--
(i) a notification is not submitted to the
President under subparagraph (A); and
(ii) information is reasonably available.
(3) Confidentiality of information.--
(A) In general.--Except as provided in subparagraph
(B), any information or documentary material filed with
the President pursuant to this section shall be exempt
from disclosure under section 552(b)(3) of title 5,
United States Code, and no such information or
documentary material may be made public by any
government agency or Member of Congress.
(B) Exceptions.--Subject to appropriate
confidentiality and classification requirements, the
exemption from disclosure provided by subparagraph (A)
shall not prevent the disclosure of the following:
(i) Information relevant to any
administrative or judicial action or
proceeding.
(ii) Information provided to Congress or
any of the appropriate congressional
committees.
(iii) Information important to national
security analysis or actions of the President
to any domestic government entity, or to any
foreign governmental entity of an ally or
partner of the United States, under the
direction and authorization of the President,
only to the extent necessary for national
security purposes.
(iv) Information that the parties have
consented to be disclosed to third parties.
(e) Reporting Requirements.--
(1) In general.--Not later than one year after the date on
which the regulations prescribed under subsection (f) take
effect, and not less frequently than annually thereafter, the
President shall submit to the appropriate congressional
committees a report that--
(A) lists all notifications submitted under
subsection (d)(2) during the year preceding submission
of the report, disaggregated by--
(i) sector;
(ii) covered activity;
(iii) covered foreign entity; and
(iv) country of concern;
(B) an assessment of whether to amend the
regulations, including whether to amend the definition
of ``covered sectors'' to enhance national security;
(C) provides additional context and information
regarding trends in the sectors, the types of covered
activity, and the countries involved in those
notifications, including--
(i) the location of the relevant covered
foreign entities; and
(ii) the country in which the United States
person or foreign entity controlled by such
United States person involved in the relevant
covered activity is located; and
(D) assesses the overall impact of those
notifications, including recommendations for--
(i) expanding existing Federal programs to
support the production or supply of covered
sectors in the United States, including the
potential of existing authorities to address
any related national security concerns; and
(ii) the continuation, expansion, or
modification of the implementation and
administration of this section.
(2) Form.--Each report required by this section shall be
submitted in unclassified form, but may include a classified
annex.
(3) Prohibition on disclosure.--Information contained in
each report required by this section may be withheld from
disclosure only to the extent otherwise permitted by statute,
except that all information included pursuant to paragraph
(1)(A) shall be withheld from public disclosure.
(f) Requirement for Regulations.--
(1) In general.--Not later than 180 days after the date on
which the initial list of categories of technologies and
products have been published in the Federal Register pursuant
to sections (c)(1)(A)(i) and (d)(1)(B), the President shall
prescribe and finalize proposed regulations to carry out this
Act.
(2) Elements.--Regulations prescribed to carry out this
section shall specify--
(A) the types of activities that will be considered
to be covered activities;
(B) the technologies and products in covered
sectors with respect to which covered activities are
prohibited under subsection (c)(2) or require a
notification under subsection (d)(2); and
(C) a process by which parties can ask questions
and get timely guidance as to whether a covered
activity is prohibited under subsection (c)(2) or
requires a notification under subsection (d)(2).
(3) Requirements for certain regulations.--The President
shall prescribe regulations further defining the terms used in
this Act, including the terms ``covered activity'', ``covered
foreign entity'', and ``party'', to maximize the effectiveness
of carrying out this Act in accordance with subchapter II of
chapter 5 and chapter 7 of title 5 (commonly known as the
``Administrative Procedure Act'').
(4) Public notice and comment.--Regulations issued pursuant
to paragraph (1) shall be subject to public notice and comment.
(5) Low-burden regulations.--In prescribing regulations
under this section, the President shall, to the extent
practicable, structure the regulations--
(A) to minimize the cost and complexity of
compliance for affected parties;
(B) to ensure the benefits of the regulations
outweigh their costs;
(C) to adopt the least burdensome alternative that
achieves regulatory objectives;
(D) to prioritize transparency and stakeholder
involvement in the process of prescribing the
regulations; and
(E) to regularly review and streamline existing
regulations promulgated pursuant to this Act to reduce
redundancy and complexity.
(6) Penalties with respect to unlawful acts.--Regulations
issued under this section shall, consistent with the authority
provided by subsection (b)(1), provide for the imposition of
civil penalties for violations of this section, that involve--
(A) engaging in a covered activity prohibited under
subsection (c)(2) pursuant to the regulations issued
under this section;
(B) failing to submit a timely notification under
subsection (d)(2) with respect to a covered activity or
to submit other information as required by the
designated agency; or
(C) submitting a material misstatement or omitting
a material fact in any information submitted in a
notification under subsection (d)(2).
(7) Enforcement.--Consistent with the authority provided by
subsection (b)(1), the President may direct the Attorney
General to seek appropriate relief in the district courts of
the United States, in order to implement and enforce this Act.
(8) Congressional notification.--The President shall submit
to the appropriate congressional committees all regulations
prescribed to carry out this Act not later than 30 days before
such regulations are to take effect.
(g) Multilateral Engagement and Coordination.--
(1) In general.--The President shall delegate the
authorities and functions under this section to the Secretary
of State.
(2) Authorities.--The Secretary of State, in coordination
with the heads or other relevant Federal agencies, should--
(A) conduct bilateral and multilateral engagement
with the governments of countries that are allies and
partners of the United States to promote and increase
coordination of protocols and procedures to facilitate
the effective implementation of and appropriate
compliance with the prohibitions and notifications
pursuant to this Act;
(B) upon adoption of protocols and procedures
described in subparagraph (A), work with those
governments to establish mechanisms for sharing
information, including trends, with respect to such
activities; and
(C) work with and encourage the governments of
countries that are allies and partners of the United
States to develop similar mechanisms of their own.
(3) Strategy for multilateral engagement and
coordination.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination
with the heads of other relevant Federal agencies, should--
(A) develop a strategy to work with the governments
of countries that are allies and partners of the United
States to develop mechanisms that are comparable to the
prohibitions and notifications pursuant to this Act;
and
(B) assess opportunities to provide technical
assistance to those countries with respect to the
development of those mechanisms.
(4) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for 4 years, the
Secretary of State shall submit to the appropriate
congressional committees a report that includes--
(A) a discussion of any strategy developed pursuant
to paragraph (3)(A), including key tools and objectives
for the development of comparable mechanisms by the
governments of allies and partners of the United
States;
(B) a list of partner and allied countries to
target for cooperation in developing their own
screening programs;
(C) the status of the strategy's implementation and
outcomes; and
(D) a description of impediments to the
establishment of comparable mechanisms by governments
of allies and partners of the United States.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$25,000,000, to be derived from amounts otherwise authorized to
be appropriated to the President, for each of the first two
fiscal years beginning on or after the date of the enactment of
this Act, to carry out this Act, including to provide outreach
to industry and persons affected by this Act.
(2) Hiring authority.--
(A) President.--The President may appoint, without
regard to the provisions of sections 3309 through 3318
of title 5, United States Code, not more than 15
candidates directly to positions in the competitive
service (as defined in section 2102 of that title).
(B) Agency.--The head of the Federal department or
agency designated under subsection (c)(2) to hold
primary responsibility for administering this Act may
appoint, without regard to the provisions of sections
3309 through 3318 of title 5, United States Code, not
fewer than 25 candidates directly to positions in the
competitive service (as defined in section 2102 of that
title) of such department or agency.
(C) Primary responsibility.--The primary
responsibility of individuals in positions authorized
to be hired under this subsection shall be to
administer this Act.
(i) Rule of Construction.--Nothing in this Act may be construed
to--
(1) restrain or deter United States activities abroad if
such activities do not pose a risk to the national security of
the United States; or
(2) alter or negate the authority of the President under
any authority, process, regulation, investigation, enforcement
measure, or review provided by or established under any other
provision of Federal law, or any other authority of the
President or the Congress under the Constitution of the United
States.
(j) National Interest Waiver.--
(1) In general.--Subject to paragraph (2), the President is
authorized to exempt from any applicable prohibition or
notification requirement any activity determined by the
President, in consultation with the heads of relevant Federal
agencies, as appropriate, to be in the national interest of the
United States.
(2) Congressional notification.--The President shall--
(A) notify the appropriate congressional committees
not later than 48 hours after issuing a waiver under
paragraph (1); and
(B) include in such notification an identification
of the national interest justifying the use of the
waiver.
(k) Definitions.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Ways and Means,
the Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Finance, the Committee on Appropriations,
and the Select Committee on Intelligence of the Senate.
(2) Country of concern.--The term ``country of concern''--
(A) means--
(i) the Democratic People's Republic of
North Korea;
(ii) the People's Republic of China,
including the Hong Kong Special Administrative
Region and the Macau Special Administrative
Region;
(iii) the Russian Federation; and
(iv) the Islamic Republic of Iran; and
(B) includes any other country the President
determines necessary to ensure a country specified in
clause (i), (ii), (iii), or (iv) of subparagraph (A) is
unable to circumvent the provisions of this Act and the
regulations issued pursuant to this Act.
(3) Covered activity.--
(A) In general.--Subject to such regulations as may
be prescribed in accordance with subsection (g), and
except as provided in subparagraph (B), the term
``covered activity'' means any activity engaged in by a
United States person that involves--
(i) an acquisition by such United States
person of an equity interest or contingent
equity interest, or monetary capital
contribution, in a covered foreign entity,
directly or indirectly, by contractual
commitment or otherwise, with the goal of
generating income or gain;
(ii) an arrangement for an interest held by
such United States person in the short- or
long-term debt obligations of a covered foreign
entity that includes governance rights that are
characteristic of an equity investment,
management, or other important rights;
(iii) the establishment of a wholly owned
subsidiary in a country of concern, such as a
greenfield investment, for the purpose of
production, design, testing, manufacturing,
fabrication, or development related to one or
more covered sectors;
(iv) the establishment by such United
States person of a joint venture in a country
of concern or with a covered foreign entity for
the purpose of production, design, testing,
manufacturing, fabrication, or research, or
other contractual or other commitments
involving a covered foreign entity to jointly
research and develop new innovation, including
through the transfer of capital or intellectual
property or other business proprietary
information; or
(v) the acquisition by a United States
person with a covered foreign entity of--
(I) operational cooperation, such
as through supply or support
arrangements;
(II) the right to board
representation (as an observer, even if
limited, or as a member) or an
executive role (as may be defined
through regulation) in a covered
foreign entity;
(III) the ability to direct or
influence such operational decisions as
may be defined through such
regulations;
(IV) formal governance
representation in any operating
affiliate, such as a portfolio company,
of a covered foreign entity; or
(V) a new relationship to share or
provide business services, such as
financial services, marketing services,
maintenance, or assembly functions; or
(vi) knowingly directing transactions by
foreign persons that would constitute covered
activity if engaged in by a United States
person.
(B) Exceptions.--The term ``covered activity'' does
not include--
(i) any transaction the value of which the
President determines is de minimis, as defined
in regulations prescribed in accordance with
subsection (f);
(ii) any category of transactions that the
President determines is in the national
interest of the United States, as may be
defined in regulations prescribed in accordance
with subsection (f);
(iii) an investment in--
(I) a publicly traded security (as
such term is defined in section
3(a)(10) of the Securities Exchange Act
of 1934);
(II) an index fund, mutual fund,
exchange-traded fund, or a similar
instrument (including associated
derivatives) offered by an investment
company (as such term is defined in
section 3(a)(1) of the Investment
Company Act of 1940), or by a private
investment fund; or
(III) a venture capital fund,
private equity fund, fund of funds, or
other pooled investment funds, as the
limited partner, in each case in which
the limited partner's contribution is
solely capital in a limited partnership
structure and--
(aa) the limited partner
cannot make managerial
decisions, is not responsible
for any debts beyond its
investment, and does not have
the ability (formally or
informally) to influence or
participate in the fund's or a
covered foreign entity's
decision making or operations;
and
(bb) the investment is
below a de minimis threshold to
be determined by the President;
(iv) the acquisition of the equity or other
interest owned or held by a covered foreign
entity in an entity or assets located outside
of a country of concern in which the United
States person is acquiring all interests in the
entity or assets held by covered foreign
entity;
(v) an intracompany transfer of funds from
a United States parent company to a subsidiary
located in a country of concern;
(vi) a transaction made pursuant to a
binding, uncalled capital commitment entered
into before the date on which the regulations
prescribed in accordance with section 6 take
effect; or
(vii) any ordinary or administrative
business transaction as may be defined in such
regulations.
(4) Covered foreign entity.--Subject to regulations
prescribed in accordance with subsection (f), the term
``covered foreign entity'' means the following:
(A) Any entity that is incorporated in, has a
principal place of business in, or is organized under
the laws of a country of concern.
(B) Any entity the equity securities of which are
traded in the ordinary course of business on one or
more exchanges in a country of concern.
(C) Any agency or instrumentality of the government
of a country of concern.
(D) Any other entity that is not a United States
person and that meets such criteria as may be specified
by the President in such regulations prescribed in
accordance with subsection (f).
(5) Covered sectors.--Subject to regulations prescribed in
accordance with subsection (f), the term ``covered sectors''
includes sectors within the following areas:
(A) Semiconductors and microelectronics.
(B) Artificial intelligence.
(C) Quantum information science and technology.
(D) Hypersonics.
(E) High-performance computing and supercomputing.
(F) Biotechnology.
(G) Satellite communication.
(6) Party.--The term ``party'', with respect to an
activity, has the meaning given that term in regulations
prescribed in accordance with subsection (g).
(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; or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including any foreign branch of such an entity.
SEC. 102. SANCTIONS WITH RESPECT TO COMMUNIST CHINESE MILITARY AND
SURVEILLANCE COMPANIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall impose the sanctions
described in subsection (e) with respect to any foreign person
determined by the Secretary of the Treasury, in consultation with the
Secretary of State and, as the Secretary of the Treasury determines
appropriate, the Secretary of Defense, to knowingly engage in
significant operations in the defense and related materiel sector or
the surveillance technology sector of the economy of the People's
Republic of China.
(b) Annual Determination and Report.--Not less frequently than
annually, the Secretary of the Treasury shall--
(1) undertake the determination described under subsection
(a) with respect to foreign persons listed in the Annex to
Executive Order 14032 (as amended by any revision to such
Annex); and
(2) submit a report explaining the results of the
determination to the appropriate congressional committees.
(c) Assessment.--For the purpose of making the determination
described under subsection (a), the Secretary of the Treasury, in
consultation with the Secretary of State, the Secretary of Commerce,
and the Secretary of Defense, shall--
(1) assess whether, under existing authorities, sanctions
should be imposed with respect to the activities of--
(A) foreign persons listed on the Military End User
List (Supplement No. 7 to part 744 of the Export
Administration Regulations) that are located in the
People's Republic of China;
(B) foreign persons listed by the Department of
Commerce on the Denied Persons List or the Entity List
(Supplement No. 4 to part 744 of the Export
Administration Regulations) that are located in the
People's Republic of China; or
(C) foreign persons listed pursuant to section
1260H of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (10
U.S.C. 113 note); and
(2) submit a report to the appropriate congressional
committees summarizing such assessment, which shall include an
explanation of why the sanctions described under subsection (e)
may not be applicable to foreign persons included on the lists
described under paragraph (1).
(d) Consideration of Certain Activities.--For the purpose of making
the determination described under subsection (a), the Secretary of the
Treasury may, to the extent practicable, focus particular attention on
foreign persons engaging in any of the following:
(1) Artificial intelligence, machine learning, autonomy,
and related advances.
(2) High-performance computing, semiconductors, and
advanced computer hardware and software.
(3) Quantum information science and technology.
(4) Robotics, automation, and advanced manufacturing.
(5) Advanced communications technology and immersive
technology.
(6) Biotechnology, medical technology, genomics, and
synthetic biology.
(7) Data storage, data management, and cybersecurity,
including biometrics.
(8) Advanced materials science, including composites and 2D
materials.
(e) Sanctions Described.--The President shall exercise all of the
powers granted to the President under 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 a foreign person if such property and interests in
property--
(1) are in the United States;
(2) come within the United States; or
(3) come within the possession or control of a United
States person.
(f) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
section.
(g) Penalties.--The penalties set forth in section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) apply to
violations of any license, order, or regulation issued under this
section.
(h) Waiver.--The President may waive the application of sanctions
under this section, for renewable periods of one year, if the President
certifies in writing to the appropriate congressional committees that
the waiver is in the national interest of the United States, with an
explanation of the reasons therefor. In lieu of the imposition of such
sanctions, the President shall prohibit the purchase or sale of any
publicly traded securities, or any publicly traded securities that are
derivative of such securities, issued by any person with respect to
which sanctions were waived.
(i) Exceptions.--
(1) Intelligence and law enforcement activities.--Sanctions
under this section shall not apply with respect to--
(A) any activity subject to the reporting
requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.); or
(B) any authorized intelligence or law enforcement
activities of the United States.
(2) United states government activities.--Nothing in this
section shall prohibit transactions for the conduct of the
official business of the Federal Government by employees,
grantees, or contractors thereof.
(3) Humanitarian activities.--The President may not impose
sanctions under this section with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices or
for the provision of humanitarian assistance.
(j) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment, and excluding technical data.
(k) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs 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;
(2) the term ``foreign person'' means an individual or
entity that is not a United States person;
(3) the term ``United States person'' means--
(A) 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 of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) a person in the United States; and
(4) 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.
SEC. 103. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FROM THE
PEOPLE'S REPUBLIC OF CHINA AND REVERSION TO TARIFF ACT OF
1930 COLUMN 2 TARIFF RATES.
(a) Within two years of the date of enactment of this section, the
provisions of title I of Public Law 106-286 (114 Stat. 880) or any
other provision of law, effective on the date of the enactment of this
Act--
(1) normal trade relations treatment shall not apply
pursuant to section 101 of that Act to the products of the
People's Republic of China; and
(2) following the withdrawal of normal trade relations
treatment, tariff rates on products of the People's Republic of
China shall revert to those set forth under Column 2 of the
Tariff Act of 1930, without prejudice to any adjustments or
modifications that may be made under the law, unless Congress
passes China ``tariff legislation'' as outlined in Sec. 104.
SEC. 104. EXPEDITED PROCEDURES FOR TARIFFS WITH REGARDS TO THE PEOPLE'S
REPUBLIC OF CHINA.
(a) China Tariff Legislation.--
(1) Definitions.--In this subsection:
(A) China tariff legislation.--The term ``China
tariff legislation'' means only a bill of either House
of Congress--
(i) the title of which is as follows: ``A
bill to set tariff schedules with regards to
the People's Republic of China'';
(ii) the sole matter after the short title
shall be the modifications of tariffs or duties
or modification of any duty or staged rate
reduction of any duty set forth in Schedule XX,
as defined in section 2(5) of that Act (19
U.S.C. 3501(5)), on the People's Republic of
China; and
(iii) which may not reduce tariffs, duties,
or non-tariff barriers on the People's Republic
of China below levels at which such barriers
were set as of January 1, 2024.
(2) Introduction.--During the period of two years from the
date of enactment of this section, China tariff legislation may
be introduced--
(A) in the House of Representatives, by the
majority leader or the minority leader; or the Chairman
or Ranking Member of the Committee on Ways and Means;
and
(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or
the minority leader's designee), or the Chairman or
Ranking Member of the Committee on Finance.
(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time after the Committee on Finance
reports China tariff legislation to the Senate to move
to proceed to the consideration of the China tariff
legislation, and all points of order against the China
tariff legislation (and against consideration of the
China tariff legislation) are waived. The motion to
proceed is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall
not be in order.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to China tariff
legislation shall be decided without debate.
(E) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to China tariff
legislation, including all debatable motions and
appeals in connection with the joint resolution, shall
be limited to 10 hours, to be equally divided between,
and controlled by, the majority leader and the minority
leader or their designees.
(3) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, and supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
SEC. 105. PROTECTING AMERICANS' RETIREMENT SAVINGS.
(a) Short Title.--This section may be cited as the ``Protecting
Americans' Retirement Savings Act'' or ``PARSA''.
(b) Prohibition on Investment in Certain Entities.--Section 404(a)
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1104(a)) is amended by adding at the end the following:
``(3) Prohibition on investment in certain entities.--
``(A) In general.--For purposes of paragraph (1), a
fiduciary of a plan may not be considered to act solely
in the interest of the participants and beneficiaries
of the plan if such fiduciary does not ensure that such
plan does not engage in a transaction that the
fiduciary knows, or should know, will result in the
plan--
``(i) acquiring an interest (as defined in
section 103(h)) between the plan and a
sanctioned entity or foreign adversary entity
(as each such term is defined in section
103(h));
``(ii) lending money or extending credit to
such an entity;
``(iii) furnishing goods, services, or
facilities to such an entity; or
``(iv) transferring, directly or
indirectly, to or for use by or for the benefit
of such an entity--
``(I) any assets of the plan; or
``(II) any data with respect to any
participant or beneficiary of the plan.
For the purposes of subclause (II), the term
`fiduciary' includes any person who exercises direct or
indirect discretionary authority, responsibility, or
control with respect to any participant beneficiary
data.
``(B) Continuation of current investments.--In the
case of a plan holding an investment in a sanctioned
entity or foreign adversary entity on the date of
enactment of the Protecting Americans' Retirement
Savings Act, such plan may continue to hold such
investment if the fiduciary of such plan complies with
the requirements of subparagraphs (I) and (J) of
section 103(b)(3).
``(C) Contractually obligated investments.--In the
case of a plan that has entered into a binding
agreement prior to the date of enactment of the
Protecting Americans' Retirement Savings Act obligating
such plan to engage in a transaction described under
subparagraph (A), if the fiduciary of such plan
complies with the requirements of subparagraphs (I),
(J), and (K) of section 103(b)(3), such plan may
fulfill the terms of such agreement until such
agreement--
``(i) expires; or
``(ii) allows for termination.''.
(c) Additional Disclosures for Employee Retirement Funds.--
(1) In general.--Section 103(b)(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1023(b)(3))
is amended--
(A) in subparagraph (H)(iv), by striking the period
at the end and inserting ``; and''; and
(B) by inserting at the end the following:
``(I) a separate statement of all assets in the
plan that consist, in whole or in part, of an interest
in a sanctioned entity, including--
``(i) the aggregate value of such assets in
the plan;
``(ii) the identity of each sanctioned
entity in which such plan holds an interest;
and
``(iii) information identifying each list
under subsection (h)(5) on which such
sanctioned entity is listed, and the reasons
for which an entity may be placed on such list;
``(J) a separate statement of all assets in the
plan that consist, in whole or in part, of an interest
in a foreign adversary entity, including--
``(i) the aggregate value of such assets in
the plan;
``(ii) the specific interest, and value
thereof, that such plan holds in each such
foreign adversary entity;
``(iii) the name of any investment vehicle
through which the plan holds such interest;
``(iv) the name of the fiduciary
responsible for such investment; and
``(v) a brief statement of factors
considered by the fiduciary in maintaining such
investment;
``(K) a description of any ongoing agreement
subject to section 404(a)(3)(C), including--
``(i) the assets involved in such
agreement;
``(ii) the date on which such agreement
expires;
``(iii) the date on which such commitment
may be terminated; and
``(iv) such other information as the
Secretary may deem appropriate.''.
(2) Definitions.--Section 103 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1023) is further amended
by adding at the end the following new subsection:
``(h) Definitions.--In this section:
``(1) Control.--The term `control' has the meaning given in
section 800.208 of title 31, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
``(2) Export administration regulations.--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.
``(3) Foreign adversary.--The term `foreign adversary'--
``(A) has the meaning given the term `covered
nation' in section 4872(d) of title 10, United States
Code (as in effect on the date of enactment of this
Act); and
``(B) includes any Special Administrative Region of
any such covered nation.
``(4) Foreign adversary entity.--The term `foreign
adversary entity' means--
``(A) any official governmental body at any level
in a foreign adversary;
``(B) the armed forces of a foreign adversary;
``(C) the leading political party of a foreign
adversary;
``(D) a person organized under the laws of,
headquartered in, or with its principal place of
business in a foreign adversary; or
``(E) a person subject to the direction or control
of an entity listed in subparagraphs (A) through (D).
``(5) Interest.--The term `interest' includes any
interest--
``(A) held directly or indirectly through any chain
of ownership; or
``(B) held as a derivative financial instrument or
other contractual arrangement with respect to such
sanctioned entity, including any financial instrument
or other contract which seeks to replicate any
financial return with respect to a sanctioned entity or
interest in such sanctioned entity.
``(6) Sanctioned entity.--The term `sanctioned entity'
means an entity listed on any of the following lists:
``(A) The Non-SDN Chinese Military-Industrial
Complex Companies List (NS-CMIC List) maintained by the
Office of Foreign Assets Control of the Department of
the Treasury under Executive Order 14032 (86 Fed. Reg.
30145), or any successor order.
``(B) The list of Chinese military companies
identified by the Secretary of Defense pursuant to
section 1260H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 113 note).
``(C) The Entity List maintained by the Department
of Commerce and set forth in Supplement No. 4 to part
744 of the Export Administration Regulations.
``(D) The Denied Persons List maintained by the
Department of Commerce and described in section
764.3(a)(2) of the Export Administration Regulations.
``(E) The Unverified List set forth in Supplement
No. 6 to part 744 of the Export Administration
Regulations.
``(F) The Military End User List set forth in
Supplement No. 7 to part 744 of the Export
Administration Regulations.
``(G) The list of companies whose equipment or
services are maintained by the Federal Communications
Commission under section 2(a) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C.
1601(a)), commonly referred to as the FCC Covered list.
``(H) The Uyghur Forced Labor Prevention Act Entity
List maintained by the Department of Homeland Security
pursuant to Public Law 117-78.
``(I) The Withhold Release Orders and Findings List
maintained by the Commissioner of U.S. Customs and
Border Protection pursuant to Public Law 117-78.''.
(3) Effective date.--
(A) Regulations required.--Not more than 180 days
after the enactment of this Act, the Secretary shall
issue regulations implementing this section.
(B) Effective date of regulations.--The regulations
issued under subparagraph (A) shall take effect not
later than 1 year after the date of enactment of this
Act.
(d) Negotiation of a Free Trade Agreement With Taiwan, the
Philippines, Indonesia, Thailand, Malaysia, New Zealand, and the United
Kingdom.--Subject to subsection (e), the President is authorized to
enter into an agreement with Taiwan, the Philippines, Indonesia,
Thailand, Malaysia, New Zealand, and the United Kingdom consistent with
the policy described in subsection (e), 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.
(e) Introduction and Fast Track Consideration of Implementing
Bill.--
(1) Introduction in house of representatives and senate.--
Whenever the President submits to Congress a bill to implement
a trade agreement described in subsection (d) 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)).
(2) Permissible content in implementing legislation.--A
bill to implement a trade agreement described in subsection (d)
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.
(3) Applicability of fast track procedures.--Section 151 of
the Trade Act of 1974 (19 U.S.C. 2191) is amended--
(A) in subsection (b)(1), by inserting ``section
191 of the Countering Communist China Act,'' after
``section 282 of the Uruguay Round Agreements Act,'';
and
(B) in subsection (c)(1), by inserting ``section
191 of the Countering Communist China Act,'' after
``the Uruguay Round Agreements Act,''.
SEC. 106. DISCLOSING INVESTMENTS IN FOREIGN ADVERSARIES ACT OF 2024.
(a) Short Title.--This section may be cited as the ``Disclosing
Investments in Foreign Adversaries Act of 2024''.
(b) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(2) Country of concern.--The term ``country of concern''--
(A) has the meaning given the term ``covered
nation'' in section 4872(d) of title 10, United States
Code; and
(B) includes a jurisdiction that the Commission, in
consultation with the Secretary of State and the
Secretary of the Treasury, determines to be subject to
the political and legal control of a covered nation, as
defined in section 4872(d) of title 10, United States
Code.
(3) Covered entity.--The term ``covered entity'' means an
entity or person that is required to file Form PF.
(4) Exempt reporting adviser.--The term ``exempt reporting
adviser'' means an investment adviser described in section
275.204-4(a) of title 17, Code of Federal Regulations, or any
successor regulation.
(5) Form adv.--The term ``Form ADV'' means the form
described in section 279.1 of title 17, Code of Federal
Regulations, or any successor regulation.
(6) Form pf.--The term ``Form PF'' means the form described
in section 279.9 of title 17, Code of Federal Regulations, or
any successor regulation.
(7) Private fund.--The term ``private fund'' has the
meaning given the term in section 202(a) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-2(a)).
(8) Private fund assets.--The term ``private fund assets''
has the meaning given the term in section 275.204(b)-1 of title
17, Code of Federal Regulations, or any successor regulation.
(c) Enhanced Disclosure Requirements for Advisers of Private
Funds.--
(1) Requirements.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Commission shall
amend Form PF and Form ADV, and the rules of the
Commission governing the submission of Form PF and Form
ADV, to, subject to subparagraph (B), require each
covered entity and each exempt reporting adviser to
annually disclose when submitting Form PF or Form ADV,
respectively, the total private fund assets in
countries of concern attributable to the private funds
advised by the covered entity or exempt reporting
adviser, as applicable, which shall be broken down by
the percentage of those assets in each country of
concern.
(B) Application.--For the purposes of subparagraph
(A), the Commission shall determine whether a private
fund asset is in a country of concern based on--
(i) the amount of capital that is invested
in an entity (including a subsidiary of an
entity)--
(I) that has a physical presence or
employees in that country of concern;
or
(II) the plurality of the sales of
which are from that country of concern;
and
(ii) the proportion of the total assets and
liabilities of an entity described in clause
(i) that are located in that country of
concern.
(2) Reporting by commission.--
(A) Publicly available reports.--
(i) In general.--Not later than 1 year
after the date on which the Commission makes
the amendments required under paragraph (1),
and not less frequently than annually
thereafter, the Commission shall prepare and
make publicly available a report containing a
list of covered entities and exempt reporting
advisers that, for the period covered by the
report, have disclosed more than 0 private fund
assets under Form PF or Form ADV (as amended
pursuant to that subsection) in at least 1
country of concern, which shall be aggregated
by the covered entity or exempt reporting
adviser making that disclosure.
(ii) Additional requirements.--Each report
prepared and made available by the Commission
under clause (i) shall--
(I) be aggregated by covered entity
or exempt reporting adviser; and
(II) include the percentage of
private fund assets disclosed by a
covered entity or exempt reporting
adviser, as applicable.
(B) Rule of construction.--Nothing in this
subsection may be construed to permit the Commission to
make available any information that appears on Form PF
or Form ADV other than the information that is included
on Form PF or Form ADV as a result of the requirements
under paragraph (1).
(d) Exempted Transactions.--
(1) In general.--The Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) is amended by inserting after section 13A
(15 U.S.C. 78m-1) the following:
``SEC. 13B. DISCLOSURE REQUIREMENTS RELATING TO CERTAIN EXEMPTED
TRANSACTIONS.
``(a) Definitions.--In this section:
``(1) Beneficial owner.--The term `beneficial owner' means
a person that is determined to be a beneficial owner under
section 240.13d-3 of title 17, Code of Federal Regulations, or
any successor regulation.
``(2) Country of concern.--The term `country of concern'--
``(A) has the meaning given the term `covered
nation' in section 4872(d) of title 10, United States
Code; and
``(B) includes a jurisdiction that the Commission,
in consultation with the Secretary of State and the
Secretary of the Treasury, determines to be subject to
the political and legal control of a covered nation, as
defined in section 4872(d) of title 10, United States
Code.
``(3) Covered exempted transaction.--The term `covered
exempted transaction' means an offer or sale of a security that
is--
``(A) exempt from registration under section 5 of
the Securities Act of 1933 (15 U.S.C. 77e); and
``(B) structured or intended to comply with--
``(i) section 230.506(b) of title 17, Code
of Federal regulations, or any successor
regulation;
``(ii) sections 230.901, 230.902, and
230.903 of title 17, Code of Federal
Regulations, or any successor regulations; or
``(iii) section 230.144A of title 17, Code
of Federal Regulations, or any successor
regulation.
``(b) Requirement.--
``(1) In general.--Notwithstanding any other provision of
law, in the case of an issuer that conducts a covered exempted
transaction described in paragraph (2), that issuer shall
provide to the Commission, at such time and in such manner as
the Commission may prescribe, the following information:
``(A) The identity of the issuer.
``(B) The place of incorporation of the issuer.
``(C) Whether the issuer is associated with at
least 1 consolidated entity, the plurality of the
assets of which are in a country of concern.
``(D) Whether the issuer is associated with at
least 1 consolidated entity that is incorporated in a
country of concern.
``(E) The amount of securities sold pursuant to the
covered exempted transaction and the net proceeds to
the issuer.
``(F) The beneficial owners of the issuer.
``(G) The intended use of the proceeds from the
covered exempted transaction, including each country in
which the issuer intends to invest those proceeds,
which shall be broken down by the percentage of net
proceeds by industry within each such country.
``(H) The exemption the issuer relies on with
respect to the covered exempted transaction.
``(2) Particular covered exempted transaction described.--A
covered exempted transaction described in this paragraph is,
with respect to the issuer offering or selling the security
that is the subject of the covered exempted transaction, either
of the following instances:
``(A) An offer or sale of securities in an amount
that is not less than $25,000,000.
``(B) An offer or sale of a security such that the
offer or sale, together with all covered exempted
transactions by that issuer during the 1-year period
preceding the date on which the issuer offers or sells
the security, constitutes offers or sales in the
aggregate of an amount that is not less than
$50,000,000.
``(c) Authority To Revise and Promulgate Rules, Regulations, and
Forms.--The Commission shall, for the protection of investors and fair
and orderly markets--
``(1) revise and issue such rules, regulations, and forms
as may be necessary to carry out this section; and
``(2) issue rules to set conditions that limit the future
use of covered exempted transactions for issuers that do not
comply with the disclosure requirements of this section.
``(d) Applicability.--This section shall apply with respect to any
covered exempted transaction that occurs on or after the date that is 1
year after the date of enactment of this section.
``(e) Reports.--The Commission shall, on a quarterly basis, prepare
and make publicly available a report that includes all information
submitted by an issuer under this section during the quarter covered by
the report, if that issuer--
``(1) is--
``(A) incorporated in a country of concern; or
``(B) incorporated outside of a country of concern
and is associated with at least 1 consolidated entity--
``(i) the plurality of the assets of which
are in a country of concern; or
``(ii) that is incorporated in a country of
concern; or
``(2) discloses in a filing made pursuant to this section
that the issuer intends to invest the proceeds from a covered
exempted transaction in a country of concern.''.
SEC. 107. STOP FUNDING THE CCP THROUGH A-SHARES ACT.
This Act may be cited as the ``Stop Funding the CCP through A-
Shares Act''.
SEC. 108. PROHIBITED ACTS.
(a) Definitions.--In this section:
(1) Acting in a professional capacity.--The term ``acting
in a professional capacity'' includes acting as--
(A) a member (as defined in section 3(a)(3)(A) of
the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(3)(A))) of a national securities exchange;
(B) a member (as defined in section 3(a)(3)(B) of
the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(3)(B))) of a registered securities association;
or
(C) an associated person of a member (as defined in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a))) described in subparagraph (A) or (B).
(2) Assignment.--The term ``assignment'' has the meaning
given the term in section 2(a) of the Investment Company Act of
1940 (15 U.S.C. 80a- 2(a)).
(3) Commerce.--The term ``commerce'' has the meaning given
the term in section 4 of the Federal Trade Commission Act (15
U.S.C. 44).
(4) Covered exchange.--The term ``covered exchange''
means--
(A) the Shanghai Stock Exchange (or any subsidiary
of that exchange);
(B) the Shenzhen Stock Exchange (or any subsidiary
of that exchange);
(C) the Beijing Stock Exchange (or any subsidiary
of that exchange); or
(D) any other national exchange, or subsidiary of
such an exchange, that is subject to the influence or
control of the Party Committee of the China Securities
Regulatory Commission, other than the Stock Exchange of
Hong Kong.
(5) Covered security.--The term ``covered security'' means
a security that--
(A) as of the date on which a covered transaction
is executed with respect to the security, is listed on
a covered exchange;
(B) is derivative of a security described in
subparagraph (A); or
(C) is designed to provide investment exposure to a
security described in subparagraph (A).
(6) Covered transaction.--The term ``covered transaction''
means a purchase, sale, or assignment.
(7) Engage in.--The term ``engage in'', with respect to a
transaction, means to order, approve, or otherwise perform any
act in furtherance of that transaction.
(8) Purchase; sale; security.--The terms ``purchase'',
``sale'', and ``security'' have the meanings given those terms
in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)).
(9) U.S. person.--The term ``U.S. person'' has the meaning
given the term in section 120.62 of title 22, Code of Federal
Regulations, or any successor regulation.
(10) Willfully.--The term ``willfully'', with respect to an
action, means that the action is taken voluntarily and
intentionally in violation of a known legal duty.
(b) Prohibition.--
(1) In general.--Except for the purposes of complying with
paragraph (2), beginning on the date of enactment of this Act,
it shall be unlawful for any U.S. person to make use of the
mails or any means or instrumentality of commerce to engage in
a covered transaction with respect to a covered security.
(2) Divestment required.--Not later than 180 days after the
date of enactment of this Act, each U.S. person shall divest of
all covered securities held by the U.S. person.
(c) Penalties.--A U.S. person that violates, attempts to violate,
conspires to violate, or causes a violation of this section shall be
subject to any of the following penalties:
(1) A civil penalty in an amount not to exceed the greater
of--
(A) $350,000; or
(B) an amount that is twice the amount of the
covered transaction that is the basis of the violation
with respect to which the penalty is imposed.
(2) With respect to a U.S. person that willfully violates,
willfully attempts to violate, willfully conspires to violate,
or willfully aids or abets in the commission of a violation of
this section, a criminal penalty as follows:
(A) If that U.S. person is an individual not acting
in a professional capacity, a fine of not more than
$1,000,000, a term of imprisonment of not more than 5
years, or both.
(B) If that U.S. person is an individual acting in
a professional capacity, a fine of not more than
$5,000,000, a term of imprisonment of not more than 20
years, or both.
(C)(i) If that U.S. person is an organization,
including any entity described in clause (ii), a fine
of not more than $25,000,000.
(ii) An entity described in this clause is any of
the following:
(I) An investment company, as defined in
section 3 of the Investment Company Act of 1940
(15 U.S.C. 80a-3).
(II) A bank, broker, dealer, exchange,
insurance company, investment banker,
underwriter, savings and loan association,
business development company, commodity pool,
commodity pool operator, commodity trading
advisor, major swap participant, swap dealer,
or swap execution facility, as those terms are
defined in section 2(a) of the Investment
Company Act of 1940 (15 U.S.C. 80a-2(a)).
(III) An investment adviser, as defined in
section 202(a) of the Investment Advisers Act
of 1940 (15 U.S.C. 80b-2(a)).
(IV) A market intermediary, as defined in
section 3(c)(2)(B)(i) of the Investment Company
Act of 1940 (15 U.S.C. 80a-3(c)(2)(B)(i)).
(V) A fund described in section 3(c)(10)(B)
of the Investment Company Act of 1940 (15
U.S.C. 80a-3(c)(10)(B)).
(VI) A qualified pension, profit-sharing,
or stock bonus plan described in section 401 of
the Internal Revenue Code of 1986.
(VII) An individual retirement account, as
defined in section 408(a) of the Internal
Revenue Code of 1986.
(VIII) A tax credit employee stock
ownership plan, as defined in section 409(a) of
the Internal Revenue Code of 1986.
SEC. 109. REPORTS TO CONGRESS.
(a) In General.--In accordance with subsection (b), the Secretary
of the Treasury, in consultation with the Secretary of Commerce, the
Secretary of State, the Secretary of Defense, the Assistant to the
President for National Security Affairs, and the Director of National
Intelligence, shall submit to Congress a report on, for the period
covered by the report--
(1) the extent of mitigation and elimination of the
conditions described in section 2(b); and
(2) the extent of the occurrence of the conditions
described in section 2(b) with respect to securities listed on
the Stock Exchange of Hong Kong.
(b) Frequency of Submission.--The Secretary of the Treasury shall
submit to Congress a report described in subsection (a)--
(1) not later than 90 days after the date of enactment of
this Act;
(2) not later than 180 days after the date of enactment of
this Act; and
(3) once every 180 days after the date on which the
Secretary submits the report required under paragraph (2) of
this subsection.
SEC. 110. ANNUAL REPORT ON UNITED STATES PORTFOLIO INVESTMENTS IN THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Chinese entity.--The term ``Chinese entity'' means an
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.
(2) United states person.--The term ``United States
person'' means--
(A) 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 any jurisdiction within the United
States, including a foreign branch of such an entity.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary of the Treasury shall
submit to Congress a report on portfolio investments by United States
persons in the People's Republic of China, including such investments
routed through a jurisdiction outside the United States.
(c) Elements.--Each report required by subsection (b) shall include
an assessment of the involvement of the following in portfolio
investments in the People's Republic of China:
(1) United States persons making such investments,
including an assessment of--
(A) the types of United States persons making such
investments, including State pension funds; and
(B) United States persons making more than 2
percent of the total of such investments in a year.
(2) Chinese entities receiving such investments, including
an assessment of--
(A) such entities in individual sectors of the
economic of the People's Republic of China, including
the housing sector;
(B) any Chinese entities subject to sanctions
imposed by the United States receiving such
investments; and
(C) Chinese entities that receive more than
$100,000,000 from such investments.
(d) Period Covered.--The period covered by a report required by
subsection (b) shall be--
(1) in the case of the first such report, the period
beginning on January 1, 2008, and ending on the date of the
report; and
(2) in the case of each subsequent such report, the 1-year
period preceding submission of the report.
SEC. 111. COORDINATION.
(a) In General.--The Secretary of the Treasury and the Securities
and Exchange Commission may coordinate to carry out this Act.
(b) Coordination on Imposition of Criminal Penalties.--For the
purposes of carrying out section 3(c)(2), the Secretary of the Treasury
and the Securities and Exchange Commission may coordinate with the
Attorney General.
TITLE II--MATTERS RELATING TO COUNTERING CHINA'S MALIGN INFLUENCE
SEC. 201. 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, 2026.
(2) Inapplicability.--Paragraph (1) shall not apply with
respect to sanctions imposed with respect to a foreign person
under this section before January 1, 2026.
SEC. 202. 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 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. 203. 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. 204. 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 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(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 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. 205. 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 205 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. 206. PROHIBITING LOBBYING CONTACTS 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. . PROHIBITING LOBBYING CONTACTS ON BEHALF OF FOREIGN COUNTRIES
OF CONCERN.
``(a) Prohibition.--Notwithstanding any other provision of law, no
person may receive direct or indirect compensation in any form,
including intangible or in-kind, for serving as an agent of a foreign
country of concern, or making a lobbying contact on behalf of a foreign
country of concern.
``(b) Penalty.--In addition to any other penalty under this Act,
any person who violates subsection (a) shall be subject to a fine of at
least an amount greater than the total compensation the person received
in violation of subsection (a) and shall be subject of a fine of no
more than three times the total compensation the person received in
violation of subsection (a).
``(c) Definition.--In this section, a `foreign country of concern'
means a country defined under section 19221(a)(1) of title 42, United
States Code, as well as any agent, instrumentality or entity owned or
controlled by a foreign country of concern.''.
(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. 207. 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. 208. 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 (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,
2026.
(2) Inapplicability.--Paragraph (1) shall not apply with
respect to sanctions imposed with respect to a foreign person
under this section before January 1, 2026.
(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. 209. 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 208 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. 210. 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) He Lifeng.
(2) Zhao Leji.
(3) Cai Qi.
(4) Ding Xuexiang.
(5) Li Xi.
SEC. 211. SANCTIONING TYRANNICAL AND OPPRESSIVE PEOPLE WITHIN THE
CHINESE COMMUNIST PARTY.
(a) Short Title.--This section may be cited as the ``Sanctioning
Tyrannical and Oppressive People within the Chinese Communist Party
Act'' or the ``STOP CCP Act''.
(b) Findings.--Congress finds the following:
(1) The Hong Kong National Security Law promulgated on July
1, 2020--
(A) contravenes the Basic Law of the Hong Kong
Special Administrative Region that provides in Article
23 that the Legislative Council of Hong Kong shall
enact legislation related to national security;
(B) violates the People's Republic of China's
commitments under international law, as defined by the
Joint Declaration; and
(C) causes severe and irreparable damage to the
``one country, two systems'' principle and further
erodes global confidence in the People's Republic of
China's commitment to international law.
(2) Repression of ethnic Muslim minorities in the Xinjiang
Uyghur Autonomous Region of the People's Republic of China has
been ongoing, and was formalized with the ``Strike Hard
Campaign against Violent Terrorism'' that began in 2014.
(3) The mass internment of Uyghur and other Muslim ethnic
minorities in the Xinjiang Uyghur Autonomous Region has been
ongoing since April 2017.
(4) The People's Republic of China has conducted a targeted
and systemic population-control campaign against ethnic and
religious minorities in the Xinjiang Uyghur Autonomous Region
by imposing and implementing coercive population-control
practices, including selectively enforcing birth quotas,
targeting minority women who are in noncompliance with birth
quotas, and subjecting women to coercive measures such as
forced birth control, forced sterilization, and forced
abortion.
(5) On October 6, 2020, 39 countries delivered a cross-
regional joint statement to the United States Mission to the
United Nations on the human rights abuses on Uyghurs and other
minorities for forced birth control including sterilization.
(6) On January 19, 2021, the Department of State determined
that the People's Republic of China committed crimes against
humanity and genocide against Uyghurs and other ethnic and
religious minority groups in the Xinjiang Uyghur Autonomous
Region, citing forced sterilizations, forced abortions, coerced
marriages, and separation of Uyghur children from their
families.
(7) The Department of State's 2020 Country Reports on Human
Rights Practices affirmed the genocide determination and noted
coercive population control measures inflicted on ethnic and
religious minority women in China, including forced injections
with ``drugs that cause temporary or permanent end to their
menstrual cycles and fertility''.
(8) The United States ratified the United Nations
Convention on the Prevention and Punishment of Genocide in
1988, recognizing that ``imposing measures intended to prevent
births within the group'' with intent to destroy a group in
whole or part is an act that constitutes genocide.
(9) Taiwan is a free and prosperous democracy of nearly
24,000,000 people and an important contributor to peace and
stability around the world.
(10) Section 2(b) of the Taiwan Relations Act (Public Law
96-8; 22 U.S.C. 3301(b)) states that it is the policy of the
United States--
(A) ``to preserve and promote extensive, close, and
friendly commercial, cultural, and other relations
between the people of the United States and the people
on Taiwan, as well as the people on the China mainland
and all other peoples of the Western Pacific area'';
(B) ``to declare that peace and stability in the
area are in the political, security, and economic
interests of the United States, and are matters of
international concern'';
(C) ``to make clear that the United States decision
to establish diplomatic relations with the People's
Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful
means'';
(D) ``to consider any effort to determine the
future of Taiwan by other than peaceful means,
including by boycotts or embargoes, a threat to the
peace and security of the Western Pacific area and of
grave concern to the United States''; and
(E) ``to provide Taiwan with arms of a defensive
character'';
(F) ``to maintain the capacity of the United States
to resist any resort to force or other forms of
coercion that would jeopardize the security, or the
social or economic system, of the people on Taiwan''.
(11) Since the election of President Tsai Ing-wen as
President of Taiwan in 2016, the Government of the People's
Republic of China has intensified its efforts to pressure
Taiwan through diplomatic isolation and military provocations.
(12) The rapid modernization of the People's Liberation
Army and recent military maneuvers in and around the Taiwan
Strait illustrate a clear threat to Taiwan's security.
(c) Sense of Congress.--It is the sense of Congress that the
Chinese Communist Party, led by General Secretary Xi Jinping, has
committed numerous human rights violations against the people of Hong
Kong and the people of Taiwan, as well as genocide against Uyghur
Muslims in the Xinjiang Uyghur Autonomous Region.
(d) Imposition of Sanctions on Members of the National Communist
Party Congress of the People's Republic of China.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the President shall impose sanctions
under paragraph (2) with respect to--
(A) a person who is or was a member of any National
Communist Party Congress of the People's Republic of
China; and
(B) any person who is an adult family member,
including a spouse or adult family member, of a person
described in subparagraph (A).
(2) Sanctions described.--
(A) In general.--The sanctions described in this
subsection are the following:
(i) Blocking of property.--The President
shall exercise all of the powers granted to the
President under 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 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.
(ii) Aliens ineligible for visas,
admission, or parole.--
(I) Visas, admission, or parole.--
An alien who the Secretary of State or
the Secretary of Homeland Security (or
a designee of one of such Secretaries)
knows, or has reason to believe, has
knowingly engaged in any activity
described in paragraph (1) is--
(aa) inadmissible to the
United States;
(bb) ineligible to receive
a visa or other documentation
to enter the United States; and
(cc) 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.--
(aa) 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 described in
subclause (I) regardless of
when the visa or other entry
documentation is issued.
(bb) Effect of
revocation.--A revocation under
item (aa) shall take effect
immediately and shall
automatically cancel any other
valid visa or entry
documentation that is in the
alien's possession.
(B) Exceptions.--
(i) United nations headquarters
agreement.--The sanctions described under
subparagraph (A)(ii) shall not apply with
respect to an alien if admitting or paroling
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.
(ii) Exception for intelligence, law
enforcement, and national security
activities.--Sanctions under subparagraph (A)
shall not apply to any authorized intelligence,
law enforcement, or national security
activities of the United States.
(iii) Exception relating to importation of
goods.--
(I) In general.--Notwithstanding
any other provision of this section,
the authorities and requirements to
impose sanctions under this section
shall not include the authority or a
requirement to impose sanctions on the
importation of goods.
(II) Good defined.--In this clause,
the term ``good'' means any article,
natural or man-made substance,
material, supply or manufactured
product, including inspection and test
equipment, and excluding technical
data.
(3) 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 to carry out this
section or the sanctions imposed pursuant to 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.
(4) 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.
(5) Regulatory authority.--The President shall, not later
than 30 days after the date of the enactment of this Act,
promulgate regulations as necessary for the implementation of
this section.
(6) Waiver.--The President shall have the authority to
waive the sanctions required by paragraph (1) for renewable
periods of 30 days, if the President provides a written
certification to the appropriate congressional committees,
which shall also be made publicly available on a website
maintained by the Federal Government, that the People's
Republic of China and the Chinese Communist Party have--
(A) ceased the genocide of the Uyghur Muslim
population, including verifiably shutting down all
internment camps of Uyghurs and ending the practice of
facilitating or supporting Uyghur forced labor and
forced sterilization;
(B) ceased all forms of threats, military
exercises, and aggression toward Taiwan, including
through verifiably, and for at least a period of one
year, having not conducted any breach of Taiwan's air
space, territorial waters, or land mass, by any
military or intelligence personnel associated with the
People's Republic of China or the Chinese Communist
Party, or any agent or instrumentality thereof;
(C) ceased the undermining of the autonomy of Hong
Kong, including through respecting the terms of the
Sino-British Joint Declaration, and reversing all steps
taken to interfere with the democratic process and
governance of Hong Kong; and
(D) ceased efforts to steal the intellectual
property of United States persons.
(7) Sunset of waiver and license authorities.--The
President's authority to issue waivers or licenses with respect
to sanctions required by paragraph (1) or pursuant to sections
203 and 205 of the International Emergency Economic Powers Act
(50 U.S.C. 1702 and 1704) with regard to sanctions required by
paragraph (1) shall cease to apply beginning on the date that
is 2 years after the date of enactment of this Act.
SEC. 212. 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. 213. 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. 214. 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. 215. 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. 216. 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. 217. 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. 218. 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.
SEC. 219. REPORT.
The Director of National Intelligence shall annually submit to
Congress a report on ownership structures and spending on media
outlets, including in the form of paid advertorials, by entities with
economic ties to Chinese state actors.
SEC. 220. PROHIBITION OF FEDERAL CONTRACTS.
(a) In General.--The President shall take such steps as may be
necessary to prohibit the awarding or renewal of any Federal contract
or procurement agreement with any technology company the President
determines has provided hardware or software to the Government of the
People's Republic of China or to any state-owned enterprise of China.
(b) Exception.--A technology company shall not be subject to the
prohibition under subsection (a) if the company agrees to provide bulk
data to the United States Government on demand.
(c) Waiver.--The President may waive the prohibition under
subsection (a) on a case-by-case basis if the President certifies to
Congress that such a waiver is in the national security interests of
the United States.
(d) Referral.--The Chair or Ranking Member of the Committee on
Foreign Affairs of the House of Representatives or the Committee on
Foreign Relations of the Senate may refer to the President the
identities of companies the Chair or Ranking member believes meets the
definition of ``technology company'' for purposes of this section and
should be subject to the prohibition under subsection (a).
SEC. 221. ESTABLISHING NEW AUTHORITIES FOR BUSINESSES LAUNDERING AND
ENABLING RISKS TO SECURITY.
(a) Short Title.--This section may be cited as the ``Establishing
New Authorities for Businesses Laundering and Enabling Risks to
Security Act'' or the ``ENABLERS Act''.
(b) Financial Institution Definition.--
(1) In general.--Section 5312(a)(2) of title 31, United
States Code, as amended by the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021, is
amended--
(A) by redesignating subparagraphs (Z) and (AA) as
subparagraphs (GG) and (HH), respectively; and
(B) by inserting after subparagraph (Y) the
following:
``(Z) a person engaged in the business of providing
investment advice for compensation;
``(AA) a person engaged in the trade in works of
art, antiques, or collectibles, including a dealer,
advisor, consultant, custodian, gallery, auction house,
museum, or any other person who engages as a business
in the solicitation or the sale of works of art,
antiques, or collectibles;
``(BB) an attorney, law firm, or notary involved in
financial activity or related administrative activity
on behalf of another person;
``(CC) a trust or company service provider,
including--
``(i) a person involved in forming a
corporation, limited liability company, trust,
foundation, partnership, or other similar
entity or arrangement;
``(ii) a person involved in acting as, or
arranging for another person to act as, a
registered agent, trustee, or nominee to be a
shareholder, officer, director, secretary,
partner, signatory, or other similar position
in relation to a person or arrangement;
``(iii) a person involved in providing a
registered office, address, or other similar
service for a person or arrangement; or
``(iv) any other person providing trust or
company services, as defined by the Secretary
of the Treasury;
``(DD) a certified public accountant or public
accounting firm;
``(EE) a person engaged in the business of public
relations, marketing, communications, or other similar
services in such a manner as to provide another person
anonymity or deniability;
``(FF) a person engaged in the business of
providing third-party payment services, including
payment processing, check consolidation, cash vault
services, or other similar services designated by the
Secretary of the Treasury;''.
(2) Rulemaking.--
(A) In general.--Not later than December 31, 2023--
(i) the Secretary of the Treasury shall
repeal section 103.170 of title 31, Code of
Federal Regulations (relating to exemptions for
certain financial institutions); and
(ii) the Secretary of the Treasury shall
issue one or more rules to require all
financial institutions (as defined in section
5312(a)(2) of title 31, United States Code)
that have not already done so to--
(I) report suspicious transactions
under section 5318(g) of title 31,
United States Code;
(II) establish anti-money
laundering programs under section
5318(h) of title 31, United States
Code;
(III) establish due diligence
policies, procedures, and controls
under section 5318(i) of title 31,
United States Code; and
(IV) identify and verify their
account holders under section 5318(l)
of title 31, United States Code.
(B) Trust or company service provider.--In
promulgating a rule under subparagraph (A)(ii) to
implement subparagraph (CC) of section 5312(a)(2) of
title 31, United States Code, as added by paragraph
(1), the Secretary of Treasury shall exclude from the
category of covered persons--
(i) any government agency; and
(ii) any attorney or law firm that uses a
paid trust or company service provider,
including any paid entity formation agent,
operating within the United States.
(3) Effective date.--
(A) In general.--Subparagraphs (Z) through (FF) of
section 5312(a)(2) of title 31, United States Code, as
added by paragraph (1), shall take effect on December
31, 2023.
(B) Limitation on exemptions.--With respect to a
person described under subparagraphs (Z) through (FF)
of section 5312(a)(2) of title 31, United States Code,
as added by paragraph (1), the Secretary of the
Treasury may not exempt such person from any
requirement under subchapter II of chapter 53 of title
31, United States Code, including any delay in such
application.
(C) Application of certain provisions.--Any
financial institution (as defined in section 5312(a)(2)
of title 31, United States Code) that is not already
required to comply with subsections (g), (h), (i), and
(l) of section 5318 of title 31, United States Code,
shall do so on and after June 30, 2024, whether or not
a rule has been issued under paragraph (2)(A)(ii).
(c) Treasury Task Force and Strategy.--
(1) In general.--The Secretary of the Treasury, acting
through the Director of the Financial Crimes Enforcement
Network, shall establish a task force to--
(A) develop an ambitious, comprehensive, and multi-
year United States Government strategy to impose anti-
money laundering safeguards on all necessary gatekeeper
professions;
(B) designate and authorize a Federal or State
agency to enforce anti-money laundering requirements
for each type of financial institution defined in
section 5312(a)(2) of title 31, United States Code; and
(C) advance the regulatory rulemaking required
under subsection (b)(2) of this section.
(2) Gatekeepers strategy.--
(A) In general.--Section 262 of the Countering
America's Adversaries Through Sanctions Act (Public Law
115-44), is amended by inserting after paragraph (10)
the following:
``(11) Gatekeepers strategy.--A description of efforts to
impose anti-money laundering safeguards on all necessary
gatekeeper professions, including art dealers, investment
advisors, real estate professionals, lawyers, accountants,
trust or company service providers, public relations
professionals, dealers of luxury vehicles, money service
businesses, and other similar professions.''.
(B) Update clarification.--If, before the date of
the enactment of this Act, all updates to the national
strategy required by section 261(b) of the Countering
America's Adversaries Through Sanctions Act (Public Law
115-44) have been completed, the President shall
provide an additional update of such national strategy
to the Congress containing the contents required under
the amendment made by subparagraph (A).
(d) Reporting by Title Insurance Companies.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Treasury shall
promulgate a rule requiring a domestic title insurance company
to obtain, maintain, and report to the Secretary information on
the beneficial owners of entities that purchase or sell
residential or commercial real estate in transactions in which
the domestic title insurance company is involved.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section.
(3) Definitions.--In this subsection:
(A) Beneficial owner.--The term ``beneficial
owner'', with respect to an entity, has the meaning as
defined in section 5336 of subchapter II of chapter 53
of title 31, United States Code.
(B) Domestic title insurance company.--The term
``domestic title insurance company'' has the meaning
given that term in regulations prescribed by the
Secretary.
SEC. 222. 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. 223. 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. 224. 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 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 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. 225. 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. 226. 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. 227. 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. 228. 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. 229. 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. 230. 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''.
SEC. 231. REPEALING CERTAIN EXEMPTIONS FROM REGISTRATION UNDER FOREIGN
AGENTS REGISTRATION ACT OF 1938 BY AGENTS REPRESENTING
CHINESE BUSINESS ORGANIZATIONS.
(a) In General.--The Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611 et seq.) is amended by inserting after section 3
the following:
``SEC. 3A. SPECIAL RULES FOR AGENTS REPRESENTING CHINESE BUSINESS
ORGANIZATIONS.
``(a) Repeal of Exemption From Registration for Persons Providing
Private and Nonpolitical Representation of Bona Fide Trade or
Commercial Interests.--Section 3(d)(1) shall not apply to an agent of a
covered Chinese business organization.
``(b) Repeal of Exemption From Registration for Persons Filing
Disclosure Reports Under Lobbying Disclosure Act of 1995.--
``(1) Repeal.--Section 3(h) shall not apply to an agent of
a covered Chinese business organization.
``(2) Timing for filing of registration statements.--In the
case of an agent of a covered Chinese business organization who
has registered under the Lobbying Disclosure Act of 1995 (2
U.S.C. 1601 et seq.), after the agent files the first
registration required under section 2(a) in connection with the
agent's representation of the covered Chinese business
organization, the agent shall file all subsequent statements,
information, or documents required under section 2 at the same
time, and in the same frequency, as the reports filed with the
Clerk of the House of Representatives or the Secretary of the
Senate (as the case may be) under section 5 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1604) in connection with the
agent's representation of the covered Chinese business
organization.
``(c) Covered Chinese Business Organization Defined.--In this
section, the term `covered Chinese business organization' means--
``(1) an entity described in section 1(b)(3) which is
organized under the laws of, or has its principal place of
business in, the People's Republic of China (including any
subsidiary or affiliate of such an entity), except that such
term does not include a subsidiary or affiliate of an entity
which is organized under the laws of, and has its principal
place of business in, a country other than the People's
Republic of China; or
``(2) an entity designated by the Attorney General as
subject to the extrajudicial direction of the Chinese Communist
Party.''.
(b) Conforming Amendments.--
(1) Repeal of exemption.--Section 3 of such Act (22 U.S.C.
613) is amended--
(A) in subsection (d)(1), by striking ``in
private'' and inserting ``except as provided in section
3A(a), in private''; and
(B) in subsection (h), by striking ``Any agent''
and inserting ``Except as provided in section 3A(b),
any agent''.
(2) Timing of filing of registration statements.--Section
2(b) of such Act (22 U.S.C. 612(b)) is amended in the first
sentence by striking ``six months succeeding such filing'' and
inserting ``six months succeeding such filing (except as
provided in section 3A(b)(2))''.
(c) Effective Date.--The amendments made by this Act shall take
effect 180 days after the date of enactment of this Act.
SEC. 232. SHORT TITLE.
This Act may be cited as the ``Protecting America's Agricultural
Land from Foreign Harm Act of 2023''.
SEC. 233. DEFINITIONS.
In this Act:
(1) Agricultural land.--
(A) In general.--The term ``agricultural land'' has
the meaning given the term in section 9 of the
Agricultural Foreign Investment Disclosure Act of 1978
(7 U.S.C. 3508).
(B) Inclusion.--The term ``agricultural land''
includes land described in section 9(1) of the
Agricultural Foreign Investment Disclosure Act of 1978
(7 U.S.C. 3508(1)) that is used for ranching purposes.
(2) Covered person.--
(A) In general.--The term ``covered person'' has
the meaning given the term ``person owned by,
controlled by, or subject to the jurisdiction or
direction of a foreign adversary'' in section 7.2 of
title 15, Code of Federal Regulations (as in effect on
the date of enactment of this Act), except that each
reference to ``foreign adversary'' in that definition
shall be deemed to be a reference to the Government
of--
(i) Iran;
(ii) North Korea;
(iii) the People's Republic of China; or
(iv) the Russian Federation.
(B) Exclusions.--The term ``covered person'' does
not include a United States citizen or an alien
lawfully admitted for permanent residence to the United
States.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) United states.--The term ``United States'' includes any
State, territory, or possession of the United States.
SEC. 234. PROHIBITION ON PURCHASE OR LEASE OF AGRICULTURAL LAND IN THE
UNITED STATES BY PERSONS ASSOCIATED WITH CERTAIN FOREIGN
GOVERNMENTS.
(a) In General.--Notwithstanding any other provision of law, the
President shall take such actions as may be necessary to prohibit the
purchase or lease by covered persons of--
(1) public agricultural land that is owned by the United
States and administered by the head of any Federal department
or agency, including the Secretary, the Secretary of the
Interior, and the Secretary of Defense; or
(2) private agricultural land located in the United States.
(b) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out subsection
(a).
(c) Penalties.--A person that knowingly violates, attempts to
violate, conspires to violate, or causes a violation of subsection (a)
or any regulation, license, or order issued to carry out that
subsection 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.
(d) Rule of Construction.--Nothing in this section may be
construed--
(1) to prohibit or otherwise affect the purchase or lease
of public or private agricultural land described in subsection
(a) by any person other than a covered person;
(2) to prohibit or otherwise affect the use of public or
private agricultural land described in subsection (a) that is
transferred to or acquired by a person other than a covered
person from a covered person; or
(3) to require a covered person that owns or leases public
or private agricultural land described in subsection (a) as of
the date of enactment of this Act to sell that land.
SEC. 235. PROHIBITION ON PARTICIPATION IN DEPARTMENT OF AGRICULTURE
PROGRAMS BY PERSONS ASSOCIATED WITH CERTAIN FOREIGN
GOVERNMENTS.
(a) In General.--Except as provided in subsection (b),
notwithstanding any other provision of the law, the President shall
take such actions as may be necessary to prohibit participation in
Department of Agriculture programs by covered persons that have full or
partial ownership of agricultural land in the United States or lease
agricultural land in the United States.
(b) Exclusions.--Subsection (a) shall not apply to participation in
any program--
(1) relating to--
(A) food inspection or any other food safety
regulatory requirements; or
(B) health and labor safety of individuals; or
(2) administered by the Farm Service Agency, with respect
to the administration of this Act or the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.).
(c) Proof of Citizenship.--To participate in a Department of
Agriculture program described in subsection (b) (except for a program
under this Act or the Agricultural Foreign Investment Disclosure Act of
1978 (7 U.S.C. 3501 et seq.)), a person described in subparagraph (A)
of section 2(2) that is a person described in subparagraph (B) of that
section shall submit to the Secretary proof that the person is
described in subparagraph (B) of that section.
SEC. 236. AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE.
(a) Inclusion of Security Interests and Leases in Reporting
Requirements.--
(1) In general.--Section 9 of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3508) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) the term `interest' includes--
``(A) a security interest; and
``(B) a lease, without regard to the duration of
the lease;''.
(2) Conforming amendment.--Section 2 of the Agricultural
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501) is
amended by striking ``, other than a security interest,'' each
place it appears.
(b) Civil Penalty.--Section 3 of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3502) is amended--
(1) in subsection (b), by striking ``exceed 25 percent''
and inserting ``be less than 15 percent, or exceed 30
percent,''; and
(2) by adding at the end the following:
``(c) Liens.--On imposing a penalty under subsection (a), the
Secretary shall ensure that a lien is placed on the agricultural land
with respect to which the violation occurred, which shall be released
only on payment of the penalty.''.
(c) Transparency.--
(1) In general.--Section 7 of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3506) is amended to
read as follows:
``SEC. 7. PUBLIC DATA SETS.
``(a) In General.--Not later than 2 years after the date of
enactment of the Consolidated Appropriations Act, 2023 (Public Law 117-
328), the Secretary shall publish in the internet database established
under section 773 of division A of that Act human-readable and machine-
readable data sets that--
``(1) contain all data that the Secretary possesses
relating to reporting under this Act from each report submitted
to the Secretary under section 2; and
``(2) as soon as practicable, but not later than 30 days,
after the date of receipt of any report under section 2, shall
be updated with the data from that report.
``(b) Included Data.--The data sets established under subsection
(a) shall include--
``(1) a description of--
``(A) the purchase price paid for, or any other
consideration given for, each interest in agricultural
land for which a report is submitted under section 2;
and
``(B) updated estimated values of each interest in
agricultural land described in subparagraph (A), as
that information is made available to the Secretary,
based on the most recently assessed value of the
agricultural land or another comparable method
determined by the Secretary; and
``(2) with respect to any agricultural land for which a
report is submitted under section 2, updated descriptions of
each foreign person who holds an interest in at least 1 percent
of the agricultural land, as that information is made available
to the Secretary, categorized as a majority owner or a minority
owner that holds an interest in the agricultural land.''.
(2) Deadline for database establishment.--Section 773 of
division A of the Consolidated Appropriations Act, 2023 (Public
Law 117- 328), is amended, in the first proviso, by striking
``3 years'' and inserting ``2 years''.
(d) Definition of Foreign Person.--Section 9(3) of the Agricultural
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508(3)) is
amended--
(1) in subparagraph (C)(ii)(IV), by striking ``and'' at the
end;
(2) in subparagraph (D), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(E) any person, other than an individual or a
government, that issues equity securities that are
primarily traded on a foreign securities exchange
within--
``(i) Iran;
``(ii) North Korea;
``(iii) the People's Republic of China; or
``(iv) the Russian Federation;''.
SEC. 237. REPORTS.
(a) Report From the Secretary on Foreign Ownership of Agricultural
Land in the United States.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and once every 2 years thereafter, the
Secretary shall submit to Congress a report describing--
(A) the risks and benefits, as determined by the
Secretary, that are associated with foreign ownership
or lease of agricultural land in rural areas (as
defined in section 520 of the Housing Act of 1949 (42
U.S.C. 1490));
(B) the intended and unintended misrepresentation
of foreign land ownership in the annual reports
prepared by the Secretary describing foreign holdings
of agricultural land due to inaccurate reporting of
foreign holdings of agricultural land;
(C) the specific work that the Secretary has
undertaken to monitor erroneous reporting required by
the Agricultural Foreign Investment Disclosure Act of
1978 (7 U.S.C. 3501 et seq.) that would result in a
violation or civil penalty; and
(D) the role of State and local government
authorities in tracking foreign ownership of
agricultural land in the United States.
(2) Protection of information.--In carrying out paragraph
(1), the Secretary shall establish a plan to ensure the
protection of personally identifiable information.
(b) Report From the Director of National Intelligence on Foreign
Ownership of Agricultural Land in the United States.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and once every 2 years thereafter, the
Director of National Intelligence shall submit to the
congressional recipients described in paragraph (2) a report
describing--
(A) an analysis of foreign malign influence (as
defined in section 119C(e) of the National Security Act
of 1947 (50 U.S.C. 3059(e))) by covered persons that
have foreign ownership in the United States agriculture
industry; and
(B) the primary motives, as determined by the
Director of National Intelligence, of foreign investors
to acquire agricultural land.
(2) Congressional recipients described.--The report under
paragraph (1) shall be submitted to--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on Foreign Relations of the
Senate;
(E) the Committee on Financial Services of the
House of Representatives;
(F) the Committee on Agriculture of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence
of the House of Representatives;
(H) the Committee on Foreign Affairs of the House
of Representatives;
(I) the majority leader of the Senate;
(J) the minority leader of the Senate;
(K) the Speaker of the House of Representatives;
and
(L) the minority leader of the House of
Representatives.
(3) Classification.--The report under paragraph (1) shall
be submitted in an unclassified form, but may include a
classified annex.
(c) Government Accountability Office Report.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report describing--
(1) a review of resources, staffing, and expertise for
carrying out the Agricultural Foreign Investment Disclosure Act
of 1978 (7 U.S.C. 3501 et seq.), and enforcement issues
limiting the effectiveness of that Act; and
(2) any recommended necessary changes to that Act.
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. 247(d).
(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 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 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 any tangible
personal property.
``(5) 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
any tangible personal property 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.
``(6) 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 139I the
following new section:
``SEC. 139J. 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 any tangible personal property 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 139I the following
new item:
``Sec. 139J. 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. 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. 304. 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
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. 305. 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. 306. 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. 307. 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. 308. 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. 4370(m)(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.
(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 the Workforce, 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.
SEC. 516. DISCLOSURE OF FOREIGN GIFTS.
(a) In General.--Section 117 of the Higher Education Act of 1965
(20 U.S.C. 1011(f) is amended to read as follows:
``SEC. 117. DISCLOSURES OF FOREIGN GIFTS.
``(a) Disclosure Reports.--
``(1) Aggregate gifts and contract disclosures.--An
institution shall file a disclosure report in accordance with
subsection (b)(1) with the Secretary on July 31 of the calendar
year immediately following any calendar year in which--
``(A) the institution receives a gift from, or
enters into a contract with, a foreign source (other
than a foreign country of concern or foreign entity of
concern)--
``(i) 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; or
``(ii) the value of which is undetermined;
or
``(B) the institution receives a gift from a
foreign country of concern or foreign entity of
concern, or, upon receiving a waiver under section 117A
to enter into a contract with such a country or entity,
enters into such contract, without regard to the value
of such gift or contract.
``(2) Foreign source ownership or control disclosures.--In
the case of an institution that is substantially controlled (as
described in section 668.174(c)(3) of title 34, Code of Federal
Regulations) (or successor regulations) by a foreign source,
the institution shall file a disclosure report in accordance
with subsection (b)(2) with the Secretary on July 31 of each
year.
``(3) Treatment of affiliated entities.--For purposes of
this section, any gift to, or contract with, an affiliated
entity of an institution shall be considered a gift to or
contract with, respectively, such institution.
``(b) Contents of Report.--
``(1) Gifts and contracts.--Each report to the Secretary
required under subsection (a)(1) shall contain the following:
``(A) With respect to a gift received from, or a
contract entered into with, any foreign source--
``(i) the terms of such gift or contract,
including--
``(I) the name of the individual,
department, or benefactor at the
institution receiving the gift or
carrying out the contract;
``(II) the intended purpose of such
gift or contract, as provided to the
institution by such foreign source, or
if no such purpose is provided by such
foreign source, the intended use of
such gift or contract, as provided by
the institution; and
``(III) in the case of a restricted
or conditional gift or contract, a
description of the restrictions or
conditions of such gift or contract;
``(ii) with respect to a gift--
``(I) the total fair market dollar
amount or dollar value of the gift, as
of the date of submission of such
report; and;
``(II) the date on which the
institution received such gift;
``(iii) with respect to a contract--
``(I) the date on which such
contract commences;
``(II) as applicable, the date on
which such contract terminates; and
``(III) an assurance that the
institution will--
``(aa) maintain an
unredacted copy of the contract
until the latest of--
``(AA) the date
that is 5 years after
the date on which the
contract commences;
``(BB) the date on
which the contract
terminates; or
``(CC) the last day
of any period that
applicable State law
requires a copy of such
contract to be
maintained; and
``(bb) upon request of the
Secretary during an
investigation under subsection
section 117D(a)(1), produce
such an unredacted copy of the
contract; and
``(iv) an assurance that in a case in which
information is required to be disclosed under
this section with respect to a gift or contract
that is not in English, such information is
translated into English in compliance with the
requirements of subsection (c)(1).
``(B) With respect to a gift received from, or a
contract entered into with, a foreign source that is a
foreign government (other than the government of a
foreign country of concern)--
``(i) the name of such foreign government;
``(ii) the department, agency, office, or
division of such foreign government that
approved such gift or contract, as applicable;
and
``(iii) the physical mailing address of
such department, agency, office, or division.
``(C) With respect to a gift received from, or
contract entered into with, a foreign source (other
than a foreign government subject to the requirements
of subparagraph (B))--
``(i) the legal name of the foreign source,
or, if such name is not available, a statement
certified by the compliance officer in
accordance with subsection (f)(2) that the
institution has reasonably attempted to obtain
such name;
``(ii) in the case of a foreign source that
is a natural person, the country of citizenship
of such person, or, if such country is not
known, the principal country of residence of
such person;
``(iii) in the case of a foreign source
that is a legal entity, the country in which
such entity is incorporated, or if such
information is not available, the principal
place of business of such entity;
``(iv) the physical mailing address of such
foreign source, or if such address is not
available, a statement certified by the
compliance officer in accordance with
subsection (f)(2) that the institution has
reasonably attempted to obtain such address;
and
``(v) any affiliation of the foreign source
to an organization that is designated as a
foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189).
``(D) With respect to a contract entered into with
a foreign source that is a foreign country of concern
or a foreign entity of concern--
``(i) a complete and unredacted text of the
original contract, and if such original
contract is not in English, a translated copy
of the text into English;
``(ii) a copy of the waiver received under
section 117A for such contract; and
``(iii) the statement submitted by the
institution for purposes of receiving such a
waiver under section 117A(b)(1).
``(2) Foreign source ownership or control.--Each report to
the Secretary required under subsection (a)(2) shall contain--
``(A) the legal name and address of the foreign
source that owns or controls the institution;
``(B) the date on which the foreign source assumed
ownership or control; and
``(C) any changes in program or structure resulting
from the change in ownership or control.
``(c) Translation Requirements.--Any information required to be
disclosed under this section with respect to a gift or contract that is
not in English shall be translated, for purposes of such disclosure, by
a person that is not an affiliated entity or agent of the foreign
source involved with such gift or contract.
``(d) Public Inspection.--
``(1) Database requirement.--Beginning not later than 60
days before the July 31 immediately following the date of the
enactment of the DETERRENT Act, the Secretary shall--
``(A) establish and maintain a searchable database
on a website of the Department, under which all reports
submitted under this section (including any report
submitted under this section before the date of the
enactment of the DETERRENT Act)--
``(i) are made publicly available (in
electronic and downloadable format), including
any information provided in such reports (other
than the information prohibited from being
publicly disclosed pursuant to paragraph (2));
``(ii) can be individually identified and
compared; and
``(iii) are searchable and sortable by--
``(I) the date the institution
filed such report;
``(II) the date on which the
institution received the gift, or
entered into the contract, which is the
subject of the report;
``(III) the attributable country of
such gift or contract; and
``(IV) the name of the foreign
source (other than a foreign source
that is a natural person);
``(B) not later than 30 days after receipt of a
disclosure report under this section, include such
report in such database;
``(C) indicate, as part of the public record of a
report included in such database, whether the report is
with respect to a gift received from, or a contract
entered into with--
``(i) a foreign source that is a foreign
government; or
``(ii) a foreign source that is not a
foreign government; and
``(D) with respect to a disclosure report that does
not include the name or address of a foreign source,
indicate, as part of the public record of such report
included in such database, that such report did not
include such information.
``(2) Name and address of foreign source.--The Secretary
shall not disclose the name or address of a foreign source that
is a natural person (other than the attributable country of
such foreign source) included in a disclosure report--
``(A) as part of the public record of such
disclosure report described in paragraph (1); or
``(B) in response to a request under section 552 of
title 5, United States Code (commonly known as the
`Freedom of Information Act'), pursuant to subsection
(b)(3) of such section.
``(e) Interagency Information Sharing.--Not later than 30 days
after receiving a disclosure report from an institution in compliance
with this section, the Secretary shall transmit an unredacted copy of
such report (that includes the name and address of a foreign source
disclosed in such report) to the Director of the Federal Bureau of
Investigation, the Director of National Intelligence, the Director of
the Central Intelligence Agency, the Secretary of State, the Secretary
of Defense, the Attorney General, the Secretary of Commerce, the
Secretary of Homeland Security, the Secretary of Energy, the Director
of the National Science Foundation, and the Director of the National
Institutes of Health.
``(f) Compliance Officer.--Any institution that is required to file
a disclosure report under subsection (a) shall designate, before the
filing deadline for such report, and maintain a compliance officer, who
shall--
``(1) be a current employee or legally authorized agent of
such institution; and
``(2) be responsible, on behalf of the institution, for
personally certifying accurate compliance with the foreign gift
reporting requirement under this section.
``(g) Definitions.--In this section:
``(1) Affiliated entity.--The term `affiliated entity',
when used with respect to an institution, means an entity or
organization that operates primarily for the benefit of, or
under the auspices of, such institution, including a foundation
of the institution or a related entity (such as any
educational, cultural, or language entity).
``(2) Attributable country.--The term `attributable
country' means--
``(A) the country of citizenship of a foreign
source who is a natural person, or, if such country is
unknown, the principal residence (as applicable) of
such foreign source; or
``(B) the country of incorporation of a foreign
source that is a legal entity, or, if such country is
unknown, the principal place of business (as
applicable) of such foreign source.
``(3) Contract.--The term `contract'--
``(A) means--
``(i) any agreement for the acquisition by
purchase, lease, or barter of property or
services by the foreign source;
``(ii) any affiliation, agreement, or
similar transaction with a foreign source that
involves the use or exchange of an
institution's name, likeness, time, services,
or resources; and
``(iii) any agreement for the acquisition
by purchase, lease, or barter, of property or
services from a foreign source (other than an
arms-length agreement for such acquisition from
a foreign source that is not a foreign country
of concern or a foreign entity of concern); and
``(B) does not include an agreement made between an
institution and a foreign source regarding any payment
of one or more elements of a student's cost of
attendance (as such term is defined in section 472),
unless such an agreement is made for more than 15
students or is made under a restricted or conditional
contract.
``(4) Foreign source.--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) a legal entity, governmental or otherwise,
substantially controlled (as described in section
668.174(c)(3) of title 34, Code of Federal Regulations)
(or successor regulations) by a foreign source;
``(D) a natural person who is not a citizen or a
national of the United States or a trust territory or
protectorate thereof;
``(E) an agent of a foreign source, including--
``(i) a subsidiary or affiliate of a
foreign legal entity, acting on behalf of a
foreign source;
``(ii) a person that operates primarily for
the benefit of, or under the auspices of, a
foreign source, including a foundation or a
related entity (such as any educational,
cultural, or language entity); and
``(iii) a person who is an agent of a
foreign principal (as such term is defined in
section 1 of the Foreign Agents Registration
Act of 1938 (22 U.S.C. 611)); and
``(F) an international organization (as such term
is defined in the International Organizations
Immunities Act (22 U.S.C. 288)).
``(5) Gift.--The term `gift'--
``(A) means any gift of money, property, resources,
staff, or services; and
``(B) does not include--
``(i) any payment of one or more elements
of a student's cost of attendance (as such term
is 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 for
not more than 15 students, and that is not made
under a restricted or conditional contract with
such foreign source;
``(ii) assignment or license of registered
industrial and intellectual property rights,
such as patents, utility models, trademarks, or
copyrights, or technical assistance, that are
not associated with a category listed in the
Commerce Control List maintained by the Bureau
of Industry and Security of the Department of
Commerce and set forth in Supplement No. 1 to
part 774 of title 15, Code of Federal
Regulations; or
``(iii) decorations (as such term is
defined in section 7342(a) of title 5, United
States Code).
``(6) Restricted or conditional gift or contract.--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, admission, or education of
students;
``(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; or
``(E) any other restriction on the use of a gift or
contract.''.
(b) Prohibition on Contracts With Certain Foreign Entities and
Countries.--Part B of title I of the Higher Education Act of 1965 (20
U.S.C. 1011 et seq.) is amended by inserting after section 117 the
following:
``SEC. 117A. PROHIBITION ON CONTRACTS WITH CERTAIN FOREIGN ENTITIES AND
COUNTRIES.
``(a) In General.--An institution shall not enter into a contract
with a foreign country of concern or a foreign entity of concern.
``(b) Waivers.--
``(1) Submission.--
``(A) First waiver requests.--
``(i) In general.--An institution that
desires to enter into a contract with a foreign
entity of concern or a foreign country of
concern may submit to the Secretary, not later
than 120 days before the institution enters
into such a contract, a request to waive the
prohibition under subsection (a) with respect
to such contract.
``(ii) Contents of waiver request.--A
waiver request submitted by an institution
under clause (i) shall include--
``(I) the complete and unredacted
text of the proposed contract for which
the waiver is being requested, and if
such original contract is not in
English, a translated copy of the text
into English (in a manner that complies
with section 117(c)); and
``(II) a statement that--
``(aa) is signed by the
compliance officer of the
institution designated in
accordance with section 117(f);
and
``(bb) includes information
that demonstrates that such
contract is for the benefit of
the institution's mission and
students and will promote the
security, stability, and
economic vitality of the United
States.
``(B) Renewal waiver requests.--
``(i) In general.--An institution that has
entered into a contract pursuant to a waiver
issued under this section, the term of which is
longer than the 1-year waiver period and the
terms and conditions of which remain the same
as the proposed contract submitted as part of
the request for such waiver may submit, not
later than 120 days before the expiration of
such waiver period, a request for a renewal of
such waiver for an additional 1-year period
(which shall include any information requested
by the Secretary).
``(ii) Termination.--If the institution
fails to submit a request under clause (i) or
is not granted a renewal under such clause,
such institution shall terminate such contract
on the last day of the original 1-year waiver
period.
``(2) Waiver issuance.--The Secretary--
``(A) not later than 60 days before an institution
enters into a contract pursuant to a waiver request
under paragraph (1)(A), or before a contract described
in paragraph (1)(B)(i) is renewed pursuant to a renewal
request under such paragraph, shall notify the
institution--
``(i) if the waiver or renewal will be
issued by the Secretary; and
``(ii) in a case in which the waiver or
renewal will be issued, the date on which the
1-year waiver period starts; and
``(B) may only issue a waiver under this section to
an institution if the Secretary determines, in
consultation with the heads of each agency and
department listed in section 117(e), that the contract
for which the waiver is being requested is for the
benefit of the institution's mission and students and
will promote the security, stability, and economic
vitality of the United States.
``(3) Disclosure.--Not less than 2 weeks prior to issuing a
waiver under paragraph (2), the Secretary shall notify--
``(A) the Committee on Education and the Workforce
of the House of Representatives; and
``(B) the Committee on Health, Education, Labor,
and Pensions of the Senate,
of the intent to issue the waiver, including a justification
for the waiver.
``(4) Application of waivers.--A waiver issued under this
section to an institution with respect to a contract shall
only--
``(A) waive the prohibition under subsection (a)
for a 1-year period; and
``(B) apply to the terms and conditions of the
proposed contract submitted as part of the request for
such waiver.
``(c) Designation During Contract Term.--In the case of an
institution that enters into a contract with a foreign source that is
not a foreign country of concern or a foreign entity of concern but
which, during the term of such contract, is designated as a foreign
country of concern or foreign entity of concern, such institution shall
terminate such contract not later than 60 days after the Secretary
notifies the institution of such designation.
``(d) Contracts Prior to Date of Enactment.--
``(1) In general.--In the case of an institution that has
entered into a contract with a foreign country of concern or
foreign entity of concern prior to the date of the enactment of
the DETERRENT Act--
``(A) the institution shall immediately submit to
the Secretary a waiver request in accordance with
subsection (b)(1)(A)(ii); and
``(B) the Secretary shall, upon receipt of the
request submitted under paragraph (1), immediately
issue a waiver to the institution for a period
beginning on the date on which the waiver is issued and
ending on the sooner of--
``(i) the date that is 1 year after the
date of the enactment of the DETERRENT Act; or
``(ii) the date on which the contract
terminates.
``(2) Renewal.--An institution that has entered into a
contract described in paragraph (1), the term of which is
longer than the waiver period described in subparagraph (B) of
such paragraph and the terms and conditions of which remain the
same as the contract submitted as part of the request required
under subparagraph (A) of such paragraph, may submit a request
for renewal of the waiver issued under such paragraph in
accordance with subsection (b)(1)(B).
``(e) Contract Defined.--The term `contract' has the meaning given
such term in section 117(g).''.
(c) Interagency Information Sharing.--Not later than 90 days after
the date of enactment of this Act, the Secretary of Education shall
transmit to the heads of each agency and department listed in section
117(e) of the Higher Education Act of 1965, as amended by this
section--
(1) any report received by the Department of Education
under section 117 of the Higher Education Act of 1965 (20
U.S.C. 1011f) prior to the date of the enactment of this Act;
and
(2) any report, document, or other record generated by the
Department of Education in the course of an investigation--
(A) of an institution with respect to the
compliance of such institution with such section; and
(B) initiated prior to the date of the enactment of
this Act.
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''; 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
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 the
Workforce 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 the 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.
SEC. 531. PUBLIC DATABASE.
There is established an interagency group, which shall be led by
the Director of National Intelligence, to be responsible for creating
and maintaining a public database assisting United States persons,
including companies, universities, and individuals, in conducting due
diligence on potential business or academic partners in China. Such
database should contain information enabling users to identify the
manner and extent to which the military, United Front Work Department,
intelligence agencies, or security agencies of the Government of the
People's Republic of China may be linked to Chinese companies,
investment firms, other financial institutions, research institutes,
and universities.
SEC. 532. DUMP INVESTMENTS IN TROUBLESOME COMMUNIST HOLDINGS.
(a) Short Title.--This section may be cited as the ``Dump
Investments in Troublesome Communist Holdings Act'' or as the ``DITCH
Act''.
(b) Restriction on Investment in Chinese Companies by Tax-Exempt
Entities.--
(1) In general.--Section 501 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(s) Restriction on Investment in Chinese Companies.--
``(1) In general.--An organization shall not be treated as
described in subsection (c) or (d) or section 401(a) for any
taxable year if such organization--
``(A) holds any interest in a disqualified Chinese
company at any time during such taxable year, or
``(B) fails to timely transmit the annual report
described in paragraph (5) for such taxable year.
``(2) Disqualified chinese company.--For purposes of this
subsection--
``(A) In general.--The term `disqualified Chinese
company' means any corporation--
``(i) that is incorporated in China, or
``(ii) more than 10 percent of the stock of
which (determined by vote or value) is held
(directly or indirectly through any chain of
ownership) by any of the following (or
combination thereof):
``(I) 1 or more corporations
described in clause (i).
``(II) China or any governmental
agency thereof.
``(III) Provincial, regional,
municipal, Special Administrative
Regions, prefecture, county, township,
village, or any other Chinese sub-
national governmental entity or agency.
``(IV) Any entity controlled
(directly or indirectly) by the Chinese
Communist Party or any Chinese
Communist Party organ.
``(V) Any Chinese national.
``(B) Application to entities other than
corporations.--In the case of any business organization
which is not a corporation, subparagraph (A) shall
apply to such organization in the same manner as though
such organization were a corporation.
``(C) Application to indirect, derivative, or other
contractual interests, etc.--For purposes of this
subsection, an organization shall be treated as holding
an interest in a disqualified Chinese company if such
organization--
``(i) holds such interest (or any
instrument described in subparagraph (A))
directly or indirectly through any chain of
ownership, or
``(ii) holds any derivative financial
instrument or other contractual arrangement
with respect to such interest or company
(including any financial instrument or other
contract which seeks to replicate any financial
return with respect to such interest or such
company).
``(D) Publication of list by secretary.--The
Secretary shall, not later than 120 days after the date
of the enactment of this subsection, establish a
process for the periodic publishing of a list of
certified pooled investments, including exchange traded
funds and mutual funds, that do not have exposure to
disqualified Chinese companies.
``(3) Waivers.--
``(A) In general.--Paragraph (1) shall not apply
with respect to any interest in a disqualified Chinese
company held by any organization during any taxable
year if the Secretary issues a waiver to such
organization with respect to such interest for such
taxable year under this paragraph. Any waiver issued
under this paragraph shall be subject to renewal or
expiration on a biannual basis.
``(B) Waiver process.--
``(i) Application.--Not later than 60 days
after the date of the enactment of this
subsection, the Secretary shall establish a
process under which an organization may submit
a written application for a waiver under this
paragraph. Such application shall be made
publicly available and shall include the
following:
``(I) An explanation of the need
for such waiver and the reasons that
the need for such waiver outweigh the
threat posed to the United States by
China and the lack of separation
between China and the disqualified
Chinese company involved.
``(II) The type (including sector
of the economy), amount, and duration
of the investment in the disqualified
Chinese company.
``(III) The relationship between
the disqualified Chinese company and
China.
``(IV) The extenuating
circumstances justifying the
applicant's need to invest in the
disqualified Chinese company.
``(ii) Response.--The Secretary shall
provide a written response to each completed
application under clause (i) not later than 60
days after receipt of such application. Such
written response shall be made publicly
available and shall include the following:
``(I) A statement of whether the
waiver has been provided or withheld.
``(II) The reasons for providing or
withholding the waiver.
``(III) The identification of any
future investments with respect to
which such waiver applies.
``(IV) The date on which such
waiver expires (which may not be later
than the earlier of the termination of
the extenuating circumstances referred
to in clause (i)(IV) or the end of the
biannual period referred to in
subparagraph (A)).
``(C) Standards for determining if waiver is
provided.--The Secretary may provide a waiver under
this paragraph only if the Secretary independently
determines that--
``(i) the need for such waiver, and the
reasons for the need for such waiver, outweigh
the threat posed to the United States by China
and the lack of separation between China and
the disqualified Chinese company involved, and
``(ii) extenuating circumstances justify
the applicant's need to invest in the
disqualified Chinese company.
For purposes of this subparagraph, the Secretary shall
not consider the past or future financial returns of
any investment in any disqualified Chinese company, or
any other justification based on the applicant's own
financial needs, as an extenuating circumstance
justifying such an investment.
``(D) Publication of waivers provided.--With
respect to each calendar quarter, the Secretary shall
publish and make publicly available a list of the
waivers provided by the Secretary under this paragraph
during such quarter.
``(4) China.--For purposes of this section, the term
`China' means the People's Republic of China and includes any
subordinate Special Administrative Regions thereof.
``(5) Annual report.--Each organization described in
paragraph (1) with respect to each taxable year shall, not
later than the due date for the return of tax for such taxable
year, transmit to the Secretary a written report including--
``(A) a description of each interest in a
disqualified Chinese company held by such organization
during such taxable year,
``(B) the period during which such interest was so
held, and
``(C) whether such organization has a waiver under
paragraph (3) to hold such interest during such
period.''.
(2) Effective date.--
(A) In general.--The amendment made by this section
shall apply to taxable years ending after the date of
the enactment of this Act, except that only periods
after the date that is 270 days after the date of the
enactment of this Act shall be taken into account in
determining whether the requirement of section 501(s)
of the Internal Revenue Code of 1986 (as added by
paragraph (1)) is met with respect to any taxable year.
(B) 1-year grace period under certain
circumstances.--In the case of organization that, after
intensive due diligence, is unaware of the failure to
satisfy the requirement of such section 501(s),
subparagraph (A) shall be applied by substituting ``1
year'' for ``270 days''.
(3) Public report.--Not later than 360 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of the Treasury (or the Secretary's delegate) shall
publicly release a report describing the patterns of United
States outbound investment in China, including such investment
by organizations described in section 501(s)(1) of the Internal
Revenue Code of 1986 (as added by paragraph (1)). Such report
shall detail the sectoral breakdown of such investments.
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.
(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 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. 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. 609. 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. 610. 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. 611. 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. 612. 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. 613. 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.
SEC. 614. DESIGNATION AND REFERENCES TO TAIWAN REPRESENTATIVE OFFICE.
(a) Statement of Policy.--It shall be the policy of the United
States, consistent with the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.) and the Six Assurances--
(1) to provide the people of Taiwan with de facto
diplomatic treatment equivalent to foreign countries, nations,
states, governments, or similar entities; and
(2) to rename the ``Taipei Economic and Cultural
Representative Office'' in the United States as the ``Taiwan
Representative Office''.
(b) Renaming.--The Secretary of State shall seek to enter into
negotiations with the Taipei Economic and Cultural Representative
Office to rename its office in Washington, DC, the ``Taiwan
Representative Office''.
(c) References.--If the negotiations under subsection (b) results
in the renaming of the Taipei Economic and Cultural Representative
Office as the Taiwan Representative Office, any reference in a law,
map, regulation, document, paper, or other record of the United States
Government to the Taipei Economic and Cultural Representative Office
shall be deemed to be a reference to the Taiwan Representative Office,
including for all official purposes of the United States Government,
all courts of the United States, and any proceedings by such Government
or in such courts.
SEC. 615. DETERRING AMERICA'S TECHNOLOGICAL ADVERSARIES.
(a) Short Title.--This section may be cited as the ``Deterring
America's Technological Adversaries Act'' or the ``DATA Act''.
(b) Findings.--Congress finds the following:
(1) On December 2, 2022, the Director of the Federal Bureau
of Investigation, Christopher Wray, stated, ``We . . . do have
national security concerns about the app TikTok. Its parent
company is controlled by the Chinese government. And it gives
them the potential to leverage the app in ways that I think
should concern us . . . One, it gives them the ability to
control the recommendation algorithm which allows them to
manipulate content and if they want to, to use it for influence
operations which are a lot more worrisome in the hands of the
Chinese Communist Party than whether or not you're steering
somebody as an influencer to one product or another. They also
have the ability to collect data through it on users which can
be used for traditional espionage operations, for example. They
also have the ability on it to get access, they have
essentially access to the software to devices. So you're
talking about millions of devices and that gives them the
ability to engage in different kinds of malicious cyber
activity through that. And so all of these things are in the
hands of a government that doesn't share our values and that
has a mission that's very much at odds with what's in the best
interest of the United States that that should concern us.''.
(2) On December 3, 2022, the Director of National
Intelligence, Avril Haines, ``It is extraordinary the degree to
which China, in particular, but they're not the only ones,
obviously, are developing just frameworks for collecting
foreign data and pulling it in and their capacity to then turn
that around and use it to target audiences for information
campaigns or for other things, but also to have it for the
future so that they can use it for a variety of means that
they're interested in.''.
(3) On December 16, 2022, the Director of Central
Intelligence, Bill Burns, stated, ``I think it's a genuine
concern . . . for the U.S. government, in the sense that,
because the parent company of TikTok is a Chinese company, the
Chinese government is able to insist upon extracting the
private data of a lot of TikTok users in this country, and also
to shape the content of what goes on to TikTok as well to suit
the interests of the Chinese leadership . . . What I would
underscore, though, is that it's genuinely troubling to see
what the Chinese government could do to manipulate TikTok.''.
(4) On December 23, 2022, both chambers of Congress passed
a bipartisan spending bill that included a ban on using TikTok
from Government devices.
(c) Authorization of Appropriations.--No additional amounts are
authorized to be made available to carry out this section.
(d) Severability.--If any provision of this section or its
application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
section that can be given effect without the invalid provision or
application, and to this end the provisions of this section are
severable.
(e) Definitions.--In this section:
(1) Agency or instrumentality of a foreign state.--The term
``agency or instrumentality of a foreign state'' has the
meaning given such term under section 1603(b) of title 28,
United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, 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) China.--The term ``China'' means--
(A) when used in the geographic sense, the country
of the People's Republic of China; and
(B) otherwise, the Government of the country of the
People's Republic of China, including any entity acting
on behalf of, or the benefit of--
(i) the country of the People's Republic of
China; or
(ii) the Government of the country of the
People's Republic of China.
(4) Connected software application.--The term ``connected
software application'' has the meaning given such term in
Executive Order 14034 (86 Fed. Reg. 31423; relating to
protecting Americans' sensitive data from foreign adversaries).
(5) Election interference in or against a foreign country
that is a treaty ally of the united states or a democratic or
emerging democratic partner of the united states.--The term
``election interference in or against a foreign country that is
a treaty ally of the United States or a democratic or emerging
democratic partner of the United States'' means actions to
engage in, directly or indirectly, activities originating from,
or directed by, persons located, in whole or in substantial
part, outside the territory of a treaty ally of the United
States or a democratic or emerging democratic partner of the
United States that have the purpose or effect of tampering
with, altering, unlawfully accessing, or causing a
misappropriation of information with the purpose or effect of
interfering with or undermining election processes or
institutions.
(6) Election interference in or against the united
states.--The term ``election interference in or against the
United States'' includes actions to engage in, directly or
indirectly, activities originating from, or directed by persons
located, in whole or in substantial part, outside the United
States that--
(A) have the purpose or effect of tampering with,
altering, unlawfully accessing, or causing a
misappropriation of information with the purpose or
effect of undermining election processes or
institutions;
(B) deny access, block, degrade, or alter election
and campaign infrastructure, or related systems or data
related to political parties, candidates in elections
for public office, the administration of elections for
public office, or any public election activity; or
(C) consist of the making of contributions or
donations, or any other activity prohibited under
section 319 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30121), with the purpose or effect of
undermining election processes or institutions.
(7) Foreign person.--The term ``foreign person''--
(A) means a person that is not a United States
person; and
(B) includes a nonresident alien individual,
foreign corporation, foreign partnership, foreign
trust, or foreign estate.
(8) 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.
(9) Sensitive personal data.--The term ``sensitive personal
data'' has the meaning given such term in section 7.2 of title
15, Code of Federal Regulations (or any successor regulation).
(10) Treaty ally of the united states.--The term ``treaty
ally of the United States'' means a foreign country that is a
party to any of the following:
(A) The North Atlantic Treaty, signed at
Washington, April 4, 1949.
(B) The Security Treaty Between Australia, New
Zealand, and the United States of America, signed at
San Francisco, September 1, 1951.
(C) The Mutual Defense Treaty Between the United
States of America and the Republic of the Philippines,
signed at Washington, August 30, 1951.
(D) The Southeast Asia Collective Defense Treaty,
signed at Manila, September 8, 1954.
(E) The Treaty of Mutual Cooperation and Security
Between the United States of America and Japan, signed
at Washington, January 19, 1960.
(F) The Mutual Defense Treaty Between the United
States of America and the Republic of Korea, signed at
Washington, October 1, 1953.
(11) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) a permanent resident alien;
(C) an entity organized under the laws of the
United States (including foreign branches); or
(D) any person in the United States.
(f) Clarification of Non-Applicability for Regulation and
Prohibition Relating to Sensitive Personal Data Under International
Emergency Economic Powers Act.--
(1) Clarification.--
(A) In general.--The importation to a country, or
the exportation from a country, of sensitive personal
data shall not constitute the importation from a
country, or the exportation to a country, of
information or informational materials for purposes of
paragraph (1) or (3) of section 203(b) of the
International Emergency Economic Powers Act (50 U.S.C.
1702(b)).
(B) Rule of construction.--Nothing in paragraph
(1), and nothing in the International Emergency
Economic Powers Act, may be construed to provide for
the application of paragraph (1) or (3) of section
203(b) of the International Emergency Economic Powers
Act (50 U.S.C. 1702(b)) to the importation to China, or
the exportation from China, directly or indirectly, of
sensitive personal data.
(2) Directive.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury shall
issue a directive prohibiting United States persons from
engaging in any transaction with a person that the Secretary of
the Treasury determines knowingly provides or may transfer
sensitive personal data of persons subject to United States
jurisdiction to any foreign person that--
(A) is subject to the jurisdiction or direction of,
or directly or indirectly operating on behalf of,
China; or
(B) is owned by, directly or indirectly controlled
by, or is otherwise subject to the influence of China.
(g) Imposition of Sanctions on Certain Transactions Relating to
Connected Software Applications.--
(1) Imposition of sanctions.--
(A) In general.--The President shall impose the
sanction described in paragraph (2) with respect to any
foreign person that, on or after the date of the
enactment of this Act, knowingly--
(i) operates, directs, or otherwise deals
in a connected software application that--
(I) is subject to the jurisdiction
or direction of, or directly or
indirectly operating on behalf of
China, or is owned by, directly or
indirectly controlled by, or otherwise
subject to the influence of China; and
(II) is reasonably believed to have
facilitated or may be facilitating or
contributing to China's--
(aa) military,
intelligence, espionage, or
weapons proliferation
activities;
(bb) censorship activities;
(cc) surveillance
activities;
(dd) control or use of
recommendation algorithms that
are capable of manipulating
content;
(ee) malicious cyber
activities; or
(ff) use of data to target
audiences for information
campaigns;
(ii) directly or indirectly orders,
controls, directs, engages in, or otherwise
facilitates an act of election interference
against the United States;
(iii) directly or indirectly orders,
controls, directs, engages in, or otherwise
facilitates an act of election interference in
or against a foreign country that is--
(I) a treaty ally of the United
States; or
(II) a democratic or emerging
democratic partner of the United
States;
(iv) directly or indirectly orders,
controls, directs, engages in, or otherwise
facilitates an act of steering United States
policy and regulatory decisions in favor of
China's strategic objectives, to the detriment
of the economic or national security of the
United States;
(v) knowingly facilitates a transaction or
transactions for or on behalf of a person
described, or a person that has engaged in the
activity described, as the case may be, in
clause (i), (ii), (iii), (iv);
(vi) knowingly assists, sponsors, or
provides financial, material, or technological
support for a person described, or a person
that has engaged in the activity described, as
the case may be, in clause (i), (ii), (iii),
(iv);
(vii) is owned or controlled by, or has
acted for or on behalf of, directly or
indirectly, a person described, or a person
that has engaged in the activity described, as
the case may be, in clause (i), (ii), (iii),
(iv).
(B) List of foreign countries that are democratic
or emerging democratic partners of the united states.--
(i) In general.--Not later than 90 days
after the date of the enactment of this Act,
the President shall submit to the appropriate
congressional committees--
(I) a definition of the term
``democratic or emerging democratic
partner of the United States''; and
(II) a list of foreign countries
that are designated as a democratic or
emerging democratic partner of the
United States for purposes of
subparagraph (A)(iii) that includes the
countries listed in clause (ii).
(ii) Initial designations.--Sweden,
Switzerland, Israel, India, and Taiwan shall be
deemed to have been so designated as a
democratic or emerging democratic partner of
the United States for purposes of subparagraph
(A)(iii).
(iii) Updates.--The President shall submit
to the appropriate congressional committees an
updated list under subclause (I) on a periodic
basis.
(2) Sanction described.--
(A) In general.--The sanction described in this
paragraph is the exercise of all powers granted to the
President by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (except that the
requirements of section 202 of such Act (50 U.S.C.
1701) shall not apply) to the extent necessary to block
and prohibit all transactions in all property and
interests in property of any foreign person or an
agency or instrumentality of a foreign state, as the
case may be, 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) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to carry out this section.
(C) Regulations.--
(i) In general.--The President shall
prescribe such regulations as may be necessary
for the implementation of this section.
(ii) Prior briefing required.--Not later
than 10 days before the prescription of
regulations under clause (i), the President
shall brief the appropriate congressional
committees regarding the proposed regulations
and the provisions of this section that such
regulations are implementing.
(D) Penalties.--A person that violates, attempts to
violate, or causes a violation of any sanction
authorized by this section, or any regulation, license,
or order issued to carry out such sanctions, 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.
(E) Exceptions.--The following activities shall not
be subject to the imposition of sanctions under this
section:
(i) Any authorized intelligence, law
enforcement, or national security activities of
the United States.
(ii) Any transaction necessary to comply
with United States obligations under the
Agreement between the United Nations and the
United States of America regarding the
Headquarters of the United States, signed at
Lake Success June 26, 1947, and entered into
force November 21, 1947, or the Convention on
Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or
any other United States international
agreement.
(F) Waiver.--The President may, on a case-by-case
basis and for periods not to exceed 180 days each,
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.
(3) Sunset.--This section, and the authorities provided by
this section, shall terminate on the date that is 5 years after
the date of the enactment of this Act.
(h) Specific Determinations With Respect to the Imposition of
Sanctions.--
(1) Determination relating to bytedance, ltd., tiktok, and
related entities.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, and every 180 days
thereafter for 3 years, the President shall transmit to
the appropriate congressional committees a
determination of whether reasonable grounds exist for
concluding that any of the entities described in
subparagraph (B)--
(i) meets the criteria described in
subparagraph (A) or (B) of subsection (f)(2)
for purposes of applying a directive described
in such section with respect to the entity; or
(ii) have engaged in any conduct described
in subsection (g)(1).
(B) Entities described.--The entities described in
this subsection are--
(i) Bytedance, Ltd.;
(ii) TikTok;
(iii) any subsidiary of or a successor to
an entity described in clause (i) or (ii); and
(iv) any entity owned or controlled
directly or indirectly by an entity described
in clause (i), (ii), or (iii).
(C) Form.--The determination described in
subparagraph (A) shall be transmitted in unclassified
form, and any supporting documentation may be
transmitted in a classified annex.
(D) Application of sanctions.--If the President
makes an affirmative decision under subparagraph (A)
with respect to any entity described in subparagraph
(B), the President shall impose the sanction described
in subsection (g)(2) with respect to the entity, as
appropriate.
(2) Requests by appropriate congressional committees.--
(A) In general.--Not later than 120 days after
receiving a request from the chairperson or ranking
member of one or more of the appropriate congressional
committees with respect to whether a foreign person
meets the criteria described in subparagraph (A) or of
subsection (f)(2) for purposes of applying a directive
described in such section with respect to the person,
or have engaged in any conduct described in section 201
for the imposition of the sanction described in
subsection (g)(2), the President shall--
(i) determine if that person meets the
requirements described in the applicable
section; and
(ii) submit to the chairperson and ranking
member of the committee or committees a report
that includes--
(I) a statement of whether or not
the President imposed or intends to
impose such sanction with respect to
the person; and
(II) if applicable, a description
of the sanction so imposed or intended
to be imposed.
(B) Availability of information.--
(i) In general.--Any information obtained
at any time with respect to the President
making a determination with respect to a
foreign person under subparagraph (A), or under
any review of the foreign person through other
United States Government national security
review processes, shall be made available to a
committee or subcommittee of Congress of
appropriate jurisdiction, upon the request of
the chairman or ranking minority member of such
committee or subcommittee.
(ii) Prohibition on disclosure.--No such
committee or subcommittee, or member thereof,
may disclose any information made available
under clause (i), that is submitted on a
confidential basis unless the full committee
determines that the withholding of that
information is contrary to the national
interest.
(C) Form.--Each determination described in
subparagraph (A)(i), and each report under subparagraph
(A)(ii), may be submitted in classified or unclassified
form, and any supporting documentation to such
determination or report may contain a classified annex.
SEC. 616. SANCTIONING SUPPORTERS OF SLAVE LABOR ACT.
(a) Short Title.--This section may be cited as the ``Sanctioning
Supporters of Slave Labor Act''.
(b) Imposition of Additional Sanctions Relating to Human Rights
Abuses in the Xinjiang Uyghur Autonomous Region.--
(1) In general.--Section 6 of the Uyghur Human Rights
Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note) is
amended--
(A) in subsection (a)--
(i) by redesignating paragraph (2) as
paragraph (3); and
(ii) by inserting after paragraph (1) the
following:
``(2) Additional matters to be included.--The President
shall include in the report required by paragraph (1) an
identification of--
``(A) each foreign person that knowingly provides
significant goods, services, or technology to or for a
person identified in such report; and
``(B) each foreign person that knowingly engages in
a significant transaction relating to any of the acts
described in subparagraphs (A) through (F) of paragraph
(1).''; and
(B) in subsection (b), by striking ``subsection
(a)(1)'' and inserting ``subsection (a)''.
(2) Effective date.--The amendments made by subsection
(a)--
(A) take effect on the date of the enactment of
this Act; and
(B) apply with respect to each report required by
section 6(a) of the Uyghur Human Rights Policy Act of
2020 submitted before, on, or after such date of
enactment.
SEC. 617. COUNTERING ATROCITIES THROUGH CURRENCY ACCOUNTABILITY ACT.
(a) Short Title.--This section may be cited as the ``Countering
Atrocities through Currency Accountability Act of 2024''.
(b) Findings.--Congress finds the following:
(1) The United States dollar composes nearly two-thirds of
the world's currency reserves, with more than one trillion
dollars being owned by the Government of China as of October
2020.
(2) It is the policy of the United States to advance
freedom and human rights globally, a policy that is
incompatible with egregious human rights violations, and as
such has a responsibility to ensure that the United States
currency market does not complicitly support perpetrators of
these abuses.
(3) In regions of the world where political, governmental,
or other realities preclude humanitarian due diligence
practices from ensuring the currency market of the United
States is not interwoven with entities' egregious human rights
violations, additional measures must be taken to separate the
economy of the United States from these violations, as well as
to apply pressure on relevant actors to uphold their
humanitarian responsibilities.
(c) Special Measures for Jurisdictions, Financial Institutions, or
International Transactions of Primary Humanitarian Concern.--
(1) In general.--Chapter 53 of title 31, United States
Code, is amended by inserting after section 5318A the
following:
``Sec. 5318B. Special measures for jurisdictions, financial
institutions, or international transactions of primary
humanitarian concern
``(a) International Humanitarian Requirements.--
``(1) In general.--The Secretary of the Treasury shall
require domestic financial institutions and domestic financial
agencies to take 1 or more of the special measures described in
subsection (b) if the Secretary finds that reasonable grounds
exist for concluding that a jurisdiction outside of the United
States, 1 or more financial institutions operating outside of
the United States, 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States, or 1 or
more types of accounts is of primary humanitarian concern, in
accordance with subsection (c).
``(2) Form of requirement.--The special measures described
in--
``(A) subsection (b) shall be imposed in such
sequence or combination as the Secretary shall
determine; and
``(B) paragraphs (1) through (5) of subsection (b)
shall be imposed by regulation, order, or otherwise as
permitted by law.
``(3) Duration of orders; rulemaking.--Any order by which a
special measure described in paragraphs (1) through (5) of
subsection (b) is imposed--
``(A) shall be issued together with a notice of
proposed rulemaking relating to the imposition of such
special measure; and
``(B) may not be terminated unless the Secretary--
``(i) certifies to Congress that the
applicable jurisdiction, financial institution,
class of transaction, or type of account is no
longer of primary humanitarian concern; and
``(ii) not more than 30 days before the
date of such termination, notifies, in writing,
the Committees on Financial Services and
Foreign Affairs of the House of Representatives
and the Committees on Banking, Housing, and
Urban Affairs and Foreign Relations of the
Senate of such termination.
``(4) National security waiver.--
``(A) In general.--The Secretary shall waive the
application of any special measure required by the
Secretary under paragraph (1) with respect to a
transaction related to the production, manufacture, or
commerce related to rare earth minerals if the
Secretary determines such waiver is necessary on
national security grounds.
``(B) Time limit.--A waiver issued under
subparagraph (A) may not be for longer than one year,
but such a waiver may be renewed.
``(C) Written justification.--If the Secretary
issues (or renews) a waiver under this paragraph, the
Secretary shall provide the Committees on Financial
Services and Foreign Affairs of the House of
Representatives and the Committees on Banking, Housing,
and Urban Affairs and Foreign Relations of the Senate
with a written justification for such waiver. Such
justification shall be submitted in unclassified form,
but may include a classified annex.
``(D) Information for the public.--If the Secretary
issues a waiver under this paragraph, the Secretary, in
consultation with the Secretary of Commerce and the
Secretary of the Interior, shall provide the following
information to the public, including on the website of
the Department of the Treasury:
``(i) Opportunities for public-private
partnerships to increase domestic production of
rare earth elements and intermediate and
finished products containing rare earth
elements, including permanent magnets.
``(ii) Information regarding the
relationship between the reason the applicable
jurisdiction, financial institution, class of
transaction, or type of account was found to be
of primary humanitarian concern and the
production, manufacture, or commerce related to
rare earth minerals.
``(5) No limitation on other authority.--This section shall
not be construed as superseding or otherwise restricting any
other authority granted to the Secretary, or to any other
agency, by this subchapter or otherwise.
``(b) Special Measures.--The special measures referred to in
subsection (a), with respect to a jurisdiction outside of the United
States, financial institution operating outside of the United States,
class of transaction within, or involving, a jurisdiction outside of
the United States, or 1 or more types of accounts are as follows:
``(1) Recordkeeping and reporting of certain financial
transactions.--
``(A) In general.--The Secretary of the Treasury
may require any domestic financial institution or
domestic financial agency to maintain records, file
reports, or both, concerning the aggregate amount of
transactions, or concerning each transaction, with
respect to a jurisdiction outside of the United States,
1 or more financial institutions operating outside of
the United States, 1 or more classes of transactions
within, or involving, a jurisdiction outside of the
United States, or 1 or more types of accounts if the
Secretary finds any such jurisdiction, institution,
class of transactions, or type of account to be of
primary humanitarian concern.
``(B) Form of records and reports.--Such records
and reports shall be made and retained at such time, in
such manner, and for such period of time, as the
Secretary shall determine, and shall include such
information as the Secretary may determine, including--
``(i) the identity and address of the
participants in a transaction or relationship,
including the identity of the originator of any
funds transfer;
``(ii) the legal capacity in which a
participant in any transaction is acting;
``(iii) the identity of the beneficial
owner of the funds involved in any transaction,
in accordance with such procedures as the
Secretary determines to be reasonable and
practicable to obtain and retain the
information; and
``(iv) a description of any transaction.
``(2) Information relating to beneficial ownership.--In
addition to any other requirement under any other provision of
law, the Secretary shall require any domestic financial
institution or domestic financial agency to take such steps as
the Secretary may determine to be reasonable and practicable to
obtain and retain information concerning the beneficial
ownership of any account opened or maintained in the United
States by a foreign person, or a representative of such a
foreign person, that involves a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United
States, or 1 or more types of accounts if the Secretary finds
any such jurisdiction, institution, or transaction or type of
account to be of primary humanitarian concern.
``(3) Information relating to certain payable-through
accounts.--If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, or 1 or more classes of
transactions within, or involving, a jurisdiction outside of
the United States to be of primary humanitarian concern, the
Secretary shall require any domestic financial institution or
domestic financial agency that opens or maintains a payable-
through account in the United States for a foreign financial
institution involving any such jurisdiction or any such
financial institution operating outside of the United States,
or a payable through account through which any such transaction
may be conducted, as a condition of opening or maintaining such
account--
``(A) to identify each customer (and representative
of such customer) of such financial institution who is
permitted to use, or whose transactions are routed
through, such payable-through account; and
``(B) to obtain, with respect to each such customer
(and each such representative), information that is
substantially comparable to that which the depository
institution obtains in the ordinary course of business
with respect to its customers residing in the United
States.
``(4) Information relating to certain correspondent
accounts.--If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, or 1 or more classes of
transactions within, or involving, a jurisdiction outside of
the United States to be of primary humanitarian concern, the
Secretary shall require any domestic financial institution or
domestic financial agency that opens or maintains a
correspondent account in the United States for a foreign
financial institution involving any such jurisdiction or any
such financial institution operating outside of the United
States, or a correspondent account through which any such
transaction may be conducted, as a condition of opening or
maintaining such account--
``(A) to identify each customer (and representative
of such customer) of any such financial institution who
is permitted to use, or whose transactions are routed
through, such correspondent account; and
``(B) to obtain, with respect to each such customer
(and each such representative), information that is
substantially comparable to that which the depository
institution obtains in the ordinary course of business
with respect to its customers residing in the United
States.
``(5) Prohibitions or conditions on opening or maintaining
certain correspondent or payable-through accounts.--If the
Secretary finds a jurisdiction outside of the United States, 1
or more financial institutions operating outside of the United
States, or 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States to be of
primary humanitarian concern, the Secretary, in consultation
with the Secretary of State, the Attorney General, and the
Chairman of the Board of Governors of the Federal Reserve
System, shall prohibit, or impose conditions upon, the opening
or maintaining in the United States of a correspondent account
or payable-through account by any domestic financial
institution or domestic financial agency, if such correspondent
account or payable-through account involves any such
jurisdiction or institution, or if any such transaction may be
conducted through such correspondent account or payable-through
account.
``(c) Consultations and Information To Be Considered in Finding
Jurisdictions, Institutions, Types of Accounts, or Transactions To Be
of Primary Humanitarian Concern.--
``(1) In general.--In making a finding that reasonable
grounds exist for concluding that a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, 1 or more classes of transactions
within, or involving, a jurisdiction outside of the United
States, or 1 or more types of accounts is of primary
humanitarian concern so as to authorize the Secretary of the
Treasury to take 1 or more of the special measures described in
subsection (b), the Secretary shall consult with the Secretary
of State, the Attorney General, and the Secretary of Commerce.
``(2) Additional considerations.--In making a finding
described in paragraph (1), the Secretary shall consider in
addition such information as the Secretary determines to be
relevant, including the following potentially relevant factors:
``(A) Jurisdictional factors.--In the case of a
particular jurisdiction--
``(i) covered human rights violations have
been or are being committed by an individual,
group of individuals, corporation,
organization, government, or other state or
non-state actor, and that they have transacted
business in that jurisdiction;
``(ii) the extent to which covered human
rights violations in that jurisdiction enable,
support, or are connected to transacted
business therein;
``(iii) the substance and quality of
administration of the human rights laws of that
jurisdiction pertaining to covered human rights
violations;
``(iv) the jurisdiction is characterized as
committing covered human rights violations by
credible international organizations or
multilateral expert groups;
``(v) the jurisdiction is characterized by
a disregard for human rights; or
``(vi) whether the United States has issued
or maintained formal genocide or crimes against
humanity determinations covering that
jurisdiction within the previous 5 years.
``(B) Institutional factors.--In the case of a
decision to apply 1 or more of the special measures
described in subsection (b) only to a financial
institution or institutions, or to a transaction or
class of transactions, or to a type of account, or to
all 3, within or involving a particular jurisdiction--
``(i) such financial institutions, classes
of transactions, or types of accounts are used
to facilitate or promote covered human rights
violations in or through the jurisdiction; and
``(ii) whether such action is sufficient to
ensure, with respect to transactions involving
the jurisdiction and institutions operating in
the jurisdiction, that the purposes of this
subchapter continue to be fulfilled, and to
guard against covered human rights violations.
``(d) Notification of Special Measures Invoked by the Secretary.--
Not later than 10 days after the date of any action taken by the
Secretary of the Treasury under subsection (a)(1), the Secretary shall
notify, in writing, the Committee on Financial Services of the House of
Representatives, the Committee on Foreign Affairs of the House of
Representatives, the Committee on Banking, Housing, and Urban Affairs
of the Senate, and the Committee on Foreign Relations of the Senate of
any such action.
``(e) Due Diligence for United States Private Banking and
Correspondent Bank Accounts Involving Foreign Persons.--
``(1) In general.--Each financial institution that
establishes, maintains, administers, or manages a private
banking account or a correspondent account in the United States
for a non-United States person, including a foreign individual
visiting the United States, or a representative of a non-United
States person shall establish appropriate, specific, and, where
necessary, enhanced, due diligence policies, procedures, and
controls that are reasonably designed to detect and report
instances of covered human rights violations through those
accounts.
``(2) Additional standards for certain correspondent
accounts.--
``(A) In general.--Subparagraph (B) shall apply if
a correspondent account is requested or maintained by,
or on behalf of, a foreign bank operating--
``(i) under an offshore banking license; or
``(ii) under a banking license issued by a
foreign country that has been designated--
``(I) as noncooperative with
international human rights principles
or procedures by the United States or
an intergovernmental group or
organization of which the United States
is a member, with which designation the
United States representative to the
group or organization concurs; or
``(II) by the Secretary as
warranting special measures due to
concerns with covered human rights
violations.
``(B) Policies, procedures, and controls.--The
enhanced due diligence policies, procedures, and
controls required under paragraph (1) shall, at a
minimum, ensure that the financial institution in the
United States takes reasonable steps--
``(i) to ascertain for any such foreign
bank, the shares of which are not publicly
traded, the identity of each of the owners of
the foreign bank, and the nature and extent of
the ownership interest of each such owner;
``(ii) to conduct enhanced scrutiny of such
account to ensure the account is not associated
with covered human rights violations and report
any suspicious transactions under section
5318(g); and
``(iii) to ascertain whether such foreign
bank provides correspondent accounts to other
foreign banks and, if so, the identity of those
foreign banks and related due diligence
information, as appropriate under paragraph
(1).
``(3) Minimum standards for private banking accounts.--If a
private banking account is requested or maintained by, or on
behalf of, a non-United States person, then the due diligence
policies, procedures, and controls required under paragraph (1)
shall, at a minimum, ensure that the financial institution
takes reasonable steps--
``(A) to ascertain the identity of the nominal and
beneficial owners of, and the source of funds deposited
into, such account as needed to guard against
supporting covered human rights violations and report
any suspicious transactions under section 5318(g); and
``(B) to conduct enhanced scrutiny of any such
account that is requested or maintained by, or on
behalf of, a senior foreign political figure, or any
immediate family member or close associate of a senior
foreign political figure, that is reasonably designed
to detect and report transactions that may involve the
proceeds of covered human rights violations.
``(4) Definitions.--In this subsection:
``(A) Offshore banking license.--The term `offshore
banking license' means a license to conduct banking
activities which, as a condition of the license,
prohibits the licensed entity from conducting banking
activities with the citizens of, or with the local
currency of, the country which issued the license.
``(B) Private banking account.--The term `private
banking account' means an account (or any combination
of accounts) that--
``(i) requires a minimum aggregate deposit
of funds or other assets of not less than
$500,000;
``(ii) is established on behalf of 1 or
more individuals who have a direct or
beneficial ownership interest in the account;
and
``(iii) is assigned to, or is administered
or managed by, in whole or in part, an officer,
employee, or agent of a financial institution
acting as a liaison between the financial
institution and the direct or beneficial owner
of the account.
``(f) Definitions.--In this section:
``(1) Covered human rights violation.--The term `covered
human rights violation' means--
``(A) an offense described under chapter 50A of
title 18, United States Code; and
``(B) crimes against humanity.
``(2) Xinjiang.--The term `Xinjiang' means the Xinjiang
Uyghur Autonomous Region, People's Republic of China.
``(3) Other definitions.--The definitions under section
5318A(e) shall apply to this section.''.
(2) Clerical amendment.--The table of contents for chapter
53 of title 31, United States Code, is amended by inserting
after the item relating to section 5318A the following:
``5318B. Special measures for jurisdictions, financial institutions, or
international transactions of primary
humanitarian concern.''.
(d) Assessing Xinjiang as a Jurisdiction of Primary Humanitarian
Concern.--
(1) Determination.--Not later than 180 days after the date
of enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State and the Secretary of
Commerce, shall determine whether reasonable grounds exist to
determine that Xinjiang Uyghur Autonomous Region, People's
Republic of China, is a jurisdiction of primary humanitarian
concern under section 5318B of title 31, United States Code.
(2) Report.--As soon as practicable after the determination
required under paragraph (1), the Secretary of the Treasury
shall issue a report to the Congress containing the following:
(A) Whether the Secretary determines that
reasonable grounds exist to determine that Xinjiang is
a jurisdiction of primary humanitarian concern.
(B) If so, which special measures described under
subsection (b) of such section 5318B, if any, the
Secretary of the Treasury shall require domestic
financial institutions and domestic financial agencies
to take with respect to Xinjiang.
(C) If not, a detailed explanation of the
Secretary's reasoning in making such determination and
evidence supporting that determination.
(3) Classification.--The report submitted pursuant to
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.
(e) Report on Polysilicate Production and Trade.--Not later than
120 days after the date of enactment of this Act, the Secretary of
State shall issue a report to the Congress containing a description of
the following:
(1) Polysilicate production in Xinjiang.
(2) The use of forced labor in polysilicate production and
trade.
(3) The role of the Chinese Government and its affiliated
actors, including the Xinjiang Production and Construction
Corps, in polysilicate production and trade.
(4) The impacts of Chinese polysilicate production on
international markets and ethical implications thereof.
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
sections (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
sections (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 if a
consular officer, an immigration officer, the Secretary
of Homeland Security, or the Attorney General knows, or
has reasonable ground to believe, that the alien--
``(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 by striking
``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C),
and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each
place such phrase appears and inserting ``(other than subparagraphs
(A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of
paragraph (3) of such subsection)''.
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 second 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 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. 1103. 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.
TITLE XII--FENTANYL
SEC. 1201. IMPORTS PROHIBITION.
(a) In General.--The President shall take such steps as may be
necessary to ban the importation into the United States of any goods
produced by a company the President determines is a Chinese company
producing fentanyl precursors.
(b) Waiver.--The prohibition under subsection (a) may be waived on
a case-by-case basis if the President, acting through the Director of
National Intelligence, the Attorney General, the Administrator of the
Drug Enforcement Administration, and the Secretary of State, certifies
to Congress that the company that is the subject of such waiver is
proactively cooperating with United States efforts to interdict and
identify shipments of fentanyl precursors to cartels.
SEC. 1202. STOP CCP FENTANYL.
(a) Short Title.--This section may be cited as the ``Stop CCP
Fentanyl Act''.
(b) Findings.--Congress finds the following:
(1) According to the Drug Enforcement Administration, the
People's Republic of China remains the number one source of
fentanyl precursor chemicals, which are then processed and
manufactured into synthetic opioids by Mexican drug cartels to
bring into the United States.
(2) Of the more than 100,000 drug overdose-related deaths
in the United States in 2021, roughly 64,000 were from illicit
fentanyl which is more than double the number of such deaths
since 2019.
(3) Almost 100 percent of fentanyl derives from precursor
drugs from China.
(4) The amount of fentanyl seized by U.S. Customs and
Border Protection skyrocketed from 2020 to 2022. In the fiscal
year 2022, U.S. Customs and Border Protection seized a record
14,700 pounds of fentanyl, compared with 11,200 pounds in 2021
and 4,800 pounds in 2020.
(c) Imposition of Sanctions on the Government of the People's
Republic of China.--
(1) In general.--On and after the date that is 120 days
after the date of the enactment of this Act, the President
shall impose the sanctions described in this subsection with
respect to--
(A) the President of the People's Republic of
China;
(B) the Chairman of the Chinese Communist Party;
(C) the State Council of the People's Republic of
China; and
(D) the Politburo Standing Committee of the
People's Republic of China.
(2) Waiver.--The President may waive the application of
sanctions under paragraph (1) if the President submits to the
appropriate congressional committees a written determination
that--
(A) the People's Republic of China and Chinese
Communist Party have taken all reasonable measures to
prevent the flow of fentanyl produced within the
People's Republic of China into the United States,
including through implementing and enforcing laws
controlling and restricting the export of fentanyl
precursors such as--
(i) N-Phenethyl-4-piperidone (NPP) 4-
Anilino-N phenethylpiperidine (ANPP) N-Phenyl-
4-piperidinamine (4-AP) tert-Butyl 4-
(phenylamino); and
(ii) piperidine-1-carboxylate (boc-4-AP)
norfentanyl; and
(B) the intelligence community (as such term is
defined in the National Security Act of 1947), in
consultation with the Department of Homeland Security
and the Department of Justice, has determined that the
supply of fentanyl of Chinese origin in the United
States and the number of deaths of United States
persons due to overdoses of such fentanyl have each
been reduced by at least 98 percent during the most-
recent 18-month period as compared to the immediately
preceding 18-month period.
(3) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1) or any regulation, license, or order issued to
carry out paragraph (1) 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.
(d) Sanctions Described.--
(1) In general.--The sanctions described in this section
are the following:
(A) Blocking of property.--The President shall
exercise all of the powers granted to the President
under 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 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) Aliens ineligible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
who the Secretary of State or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) knows, or has reason to believe,
has knowingly engaged in any activity described
in paragraph (1) 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 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
described in subparagraph (A)
regardless of when the visa or other
entry documentation is issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall
take effect immediately and shall
automatically cancel any other valid
visa or entry documentation that is in
the alien's possession.
(2) Exceptions.--
(A) United nations headquarters agreement.--The
sanctions described under paragraph (1)(B) shall not
apply with respect to an alien if admitting or paroling
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.
(B) Exception for intelligence, law enforcement,
and national security activities.--Sanctions under
paragraph (1) shall not apply to any authorized
intelligence, law enforcement, or national security
activities of the United States.
(C) Exception relating to importation of goods.--
(i) In general.--Notwithstanding any other
provision of this section, the authorities and
requirements to impose sanctions under this
section shall not include the authority or a
requirement to impose sanctions on the
importation of goods.
(ii) Good defined.--In this paragraph, the
term ``good'' means any article, natural or
man-made substance, material, supply or
manufactured product, including inspection and
test equipment, and excluding technical data.
(e) Right of Action To Seize Private Assets.--
(1) In general.--Notwithstanding chapter 97 of title 28,
United States Code (commonly referred to as the ``Foreign
Sovereign Immunities Act''), a national of the United States or
an alien lawfully admitted for permanent residence in the
United States who is an immediate family member of a covered
individual may bring an action in an appropriate district court
of the United States against a covered Chinese official or
against China for harm suffered as a result of the covered
individual's death seeking money damages. Any property that is
blocked pursuant to subsection (d)(1)(A) may be used to satisfy
a judgment under this subsection.
(2) Definitions.--In this subsection:
(A) The term ``covered individual'' means an
individual who dies from an overdose (whether
accidental or intentional) of fentanyl, or any analogue
of fentanyl, that was manufactured from fentanyl
precursors that originated in China and were imported
into the United States.
(B) The term ``covered Chinese official'' means--
(i) the President of the People's Republic
of China;
(ii) the Chairman of the Chinese Communist
Party; and
(iii) the Politburo Standing Committee of
the People's Republic of China, or any member
thereof.
(C) The term ``immediate family member'' means a
spouse, parent, stepparent, foster parent, child,
stepchild, foster child, grandparent, grandchild,
brother, or sister.
TITLE XIII--ENERGY
SEC. 1301. SECURING AMERICA'S CRITICAL MINERALS SUPPLY.
(a) Amendment to the Department of Energy Organization Act.--The
Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is
amended--
(1) in section 2, by adding at the end the following:
``(d) As used in sections 102(20) and 203(a)(12), the term
`critical energy resource' means any energy resource--
``(1) that is essential to the energy sector and energy
systems of the United States; and
``(2) the supply chain of which is vulnerable to
disruption.'';
(2) in section 102, by adding at the end the following:
``(20) To ensure there is an adequate and reliable supply
of critical energy resources that are essential to the energy
security of the United States.''; and
(3) in section 203(a), by adding at the end the following:
``(12) Functions that relate to securing the supply of
critical energy resources, including identifying and mitigating
the effects of a disruption of such supply on--
``(A) the development and use of energy
technologies; and
``(B) the operation of energy systems.''.
(b) Securing Critical Energy Resource Supply Chains.--
(1) In general.--In carrying out the requirements of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
the Secretary of Energy, in consultation with the appropriate
Federal agencies, representatives of the energy sector, States,
and other stakeholders, shall--
(A) conduct ongoing assessments of--
(i) energy resource criticality based on
the importance of critical energy resources to
the development of energy technologies and the
supply of energy;
(ii) the critical energy resource supply
chain of the United States;
(iii) the vulnerability of such supply
chain; and
(iv) how the energy security of the United
States is affected by the reliance of the
United States on importation of critical energy
resources;
(B) facilitate development of strategies to
strengthen critical energy resource supply chains in
the United States, including by--
(i) diversifying the sources of the supply
of critical energy resources; and
(ii) increasing domestic production,
separation, and processing of critical energy
resources;
(C) develop substitutes and alternatives to
critical energy resources; and
(D) improve technology that reuses and recycles
critical energy resources.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
of Energy shall submit to Congress a report containing--
(A) the results of the ongoing assessments
conducted under paragraph (1)(A);
(B) a description of any actions taken pursuant to
the Department of Energy Organization Act to mitigate
potential effects of critical energy resource supply
chain disruptions on energy technologies or the
operation of energy systems; and
(C) any recommendations relating to strengthening
critical energy resource supply chains that are
essential to the energy security of the United States.
(3) Critical energy resource defined.--In this section, the
term ``critical energy resource'' has the meaning given such
term in section 2 of the Department of Energy Organization Act
(42 U.S.C. 7101).
SEC. 1302. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL ENERGY RESOURCE
FACILITIES.
Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C. 6925(e))
is amended--
(1) in paragraph (1)(A)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by inserting ``or'' after
``this section,''; and
(C) by adding at the end the following:
``(iii) is a critical energy resource
facility,''; and
(2) by adding at the end the following:
``(4) Definitions.--For the purposes of this subsection:
``(A) Critical energy resource.--The term `critical
energy resource' means, as determined by the Secretary
of Energy, any energy resource--
``(i) that is essential to the energy
sector and energy systems of the United States;
and
``(ii) the supply chain of which is
vulnerable to disruption.
``(B) Critical energy resource facility.--The term
`critical energy resource facility' means a facility
that processes or refines a critical energy
resource.''.
SEC. 1303. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO PRODUCE
CRITICAL ENERGY RESOURCES.
(a) Clean Air Act Requirements.--
(1) In general.--If the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or
another cause, the processing or refining of a critical energy
resource at a critical energy resource facility is necessary to
meet the national security or energy security needs of the
United States, then the Administrator may, with or without
notice, hearing, or other report, issue a temporary waiver of
any requirement under the Clean Air Act (42 U.S.C. 7401 et
seq.) with respect to such critical energy resource facility
that, in the judgment of the Administrator, will allow for such
processing or refining at such critical energy resource
facility as necessary to best meet such needs and serve the
public interest.
(2) Conflict with other environmental laws.--The
Administrator shall ensure that any waiver of a requirement
under the Clean Air Act under this subsection, to the maximum
extent practicable, does not result in a conflict with a
requirement of any other applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
(3) Violations of other environmental laws.--To the extent
any omission or action taken by a party under a waiver issued
under this subsection is in conflict with any requirement of a
Federal, State, or local environmental law or regulation, such
omission or action shall not be considered a violation of such
environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit
under such environmental law or regulation.
(4) Expiration and renewal of waivers.--A waiver issued
under this subsection shall expire not later than 90 days after
it is issued. The Administrator may renew or reissue such
waiver pursuant to paragraphs (1) and (2) for subsequent
periods, not to exceed 90 days for each period, as the
Administrator determines necessary to meet the national
security or energy security needs described in paragraph (1)
and serve the public interest. In renewing or reissuing a
waiver under this paragraph, the Administrator shall include in
any such renewed or reissued waiver such conditions as are
necessary to minimize any adverse environmental impacts to the
extent practicable.
(5) Subsequent action by court.--If a waiver issued under
this subsection is subsequently stayed, modified, or set aside
by a court pursuant a provision of law, any omission or action
previously taken by a party under the waiver while the waiver
was in effect shall remain subject to paragraph (3).
(6) Critical energy resource; critical energy resource
facility defined.--The terms ``critical energy resource'' and
``critical energy resource facility'' have the meanings given
such terms in section 3025(f) of the Solid Waste Disposal Act
(as added by this section).
(b) Solid Waste Disposal Act Requirements.--
(1) Hazardous waste management.--The Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) is amended by inserting after
section 3024 the following:
``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.
``(a) In General.--If the Administrator, in consultation with the
Secretary of Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or another
cause, the processing or refining of a critical energy resource at a
critical energy resource facility is necessary to meet the national
security or energy security needs of the United States, then the
Administrator may, with or without notice, hearing, or other report,
issue a temporary waiver of any covered requirement with respect to
such critical energy resource facility that, in the judgment of the
Administrator, will allow for such processing or refining at such
critical energy resource facility as necessary to best meet such needs
and serve the public interest.
``(b) Conflict With Other Environmental Laws.--The Administrator
shall ensure that any waiver of a covered requirement under this
section, to the maximum extent practicable, does not result in a
conflict with a requirement of any other applicable Federal, State, or
local environmental law or regulation and minimizes any adverse
environmental impacts.
``(c) Violations of Other Environmental Laws.--To the extent any
omission or action taken by a party under a waiver issued under this
section is in conflict with any requirement of a Federal, State, or
local environmental law or regulation, such omission or action shall
not be considered a violation of such environmental law or regulation,
or subject such party to any requirement, civil or criminal liability,
or a citizen suit under such environmental law or regulation.
``(d) Expiration and Renewal of Waivers.--A waiver issued under
this section shall expire not later than 90 days after it is issued.
The Administrator may renew or reissue such waiver pursuant to
subsections (a) and (b) for subsequent periods, not to exceed 90 days
for each period, as the Administrator determines necessary to meet the
national security or energy security needs described in subsection (a)
and serve the public interest. In renewing or reissuing a waiver under
this subsection, the Administrator shall include in any such renewed or
reissued waiver such conditions as are necessary to minimize any
adverse environmental impacts to the extent practicable.
``(e) Subsequent Action by Court.--If a waiver issued under this
section is subsequently stayed, modified, or set aside by a court
pursuant a provision of law, any omission or action previously taken by
a party under the waiver while the waiver was in effect shall remain
subject to subsection (c).
``(f) Definitions.--In this section:
``(1) Covered requirement.--The term `covered requirement'
means--
``(A) any standard established under section 3002,
3003, or 3004;
``(B) the permit requirement under section 3005; or
``(C) any other requirement of this Act, as the
Administrator determines appropriate.
``(2) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy, any
energy resource--
``(A) that is essential to the energy sector and
energy systems of the United States; and
``(B) the supply chain of which is vulnerable to
disruption.
``(3) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
(2) Table of contents.--The table of contents of the Solid
Waste Disposal Act is amended by inserting after the item
relating to section 3024 the following:
``Sec. 3025. Waivers for critical energy resource facilities.''.
SEC. 1304. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.
(a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act of 2020
(30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
``(i) oil, oil shale, coal, or natural
gas;''.
(b) Update.--Not later than 60 days after the date of the enactment
of this section, the Secretary, acting through the Director of the
United States Geological Survey, shall publish in the Federal Register
an update to the final list established in section 7002(c)(3) of the
Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection
(a) of this section.
(c) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Director
of the United States Geological Survey, in consultation with the
Secretary of Energy, shall submit to the appropriate committees of
Congress a report that includes the following:
(1) The current status of uranium deposits in the United
States with respect to the amount and quality of uranium
contained in such deposits.
(2) A comparison of the United States to the rest of the
world with respect to the amount and quality of uranium
contained in uranium deposits.
(3) Policy considerations, including potential challenges,
of utilizing the uranium from the deposits described in
paragraph (1).
D [ SEC. 1306. ACQUIRING SECURE SUPPLIERS TO UPHOLD RESILIENCE IN
ELECTRIC VEHICLES.
(a) In General.--No Federal funds are authorized to be appropriated
or otherwise made available to procure any electric vehicle or
component parts of an electric vehicle manufactured by any of the
following:]--
(1) Contemporary Amperex Technology;
(2) BYD Auto;
(3) Envision Energy;
(4) EVE Energy;
(5) Gotion High tech Company;
(6) Hithium Energy Storage Technology;
(7) any successor entity to such entities; and
(8) any other Chinese entity determined to be a large
electric vehicle or electric vehicle component parts
manufacturer.
(b) Ongoing Review.--Not later than 120 days after the date of the
enactment of this Act, and biannually thereafter until 2030, the
President shall conduct a review to determine whether any entity,
including an entity listed in subsection (a), should be included in the
list of Chinese military companies required to be submitted under
section 1260H of the National Defense Authorization Act for Fiscal Year
2021 or the UFLPA entity list.][]
TITLE XIV--MATTERS RELATED TO THE COMPACT OF FREE ASSOCIATION
SEC. 1401. SHORT TITLE.
This joint resolution may be cited as the ``Compact of Free
Association Amendments Act of 2024''.
SEC. 1402. FINDINGS.
Congress finds the following:
(1) The United States (in accordance with the Trusteeship
Agreement for the Trust Territory of the Pacific Islands, the
United Nations Charter, and the objectives of the international
trusteeship system of the United Nations) fulfilled its
obligations to promote the development of the people of the
Trust Territory toward self-government or independence, as
appropriate, to the particular circumstances of the Trust
Territory and the people of the Trust Territory and the freely
expressed wishes of the people concerned.
(2) The United States, the Federated States of Micronesia,
and the Republic of the Marshall Islands entered into the
Compact of Free Association set forth in section 201 of the
Compact of Free Association Act of 1985 (48 U.S.C. 1901 note;
Public Law 99-239) and the United States and the Republic of
Palau entered into the Compact of Free Association set forth in
section 201 of Public Law 99-658 (48 U.S.C. 1931 note) to
create and maintain a close and mutually beneficial
relationship.
(3) The ``Compact of Free Association, as amended, between
the Government of the United States of America and the
Government of the Federated States of Micronesia'', the
``Compact of Free Association, as amended, between the
Government of the United States of America and the Government
of the Republic of the Marshall Islands'', and related
agreements were signed by the Government of the United States
and the Governments of the Federated States of Micronesia and
the Republic of the Marshall Islands and approved, as
applicable, by section 201 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108-
188).
(4) The ``Agreement between the Government of the United
States of America and the Government of the Republic of Palau
Following the Compact of Free Association Section 432 Review'',
was signed by the Government of the United States and the
Government of the Republic of Palau on September 3, 2010, and
amended on September 19, 2018.
(5) On May 22, 2023, the United States signed the
``Agreement between the Government of the United States of
America and the Government of the Republic of Palau Resulting
From the 2023 Compact of Free Association Section 432 Review''.
(6) On May 23, 2023, the United States signed 3 agreements
related to the U.S.-FSM Compact of Free Association, including
an Agreement to Amend the Compact, as amended, a new fiscal
procedures agreement, and a new trust fund agreement and on
September 28, 2023, the United States signed a Federal Programs
and Services agreement related to the U.S.-FSM Compact of Free
Association.
(7) On October 16, 2023, the United States signed 3
agreements relating to the U.S.-RMI Compact of Free
Association, including an Agreement to Amend the Compact, as
amended, a new fiscal procedures agreement, and a new trust
fund agreement.
SEC. 1403. DEFINITIONS.
In this joint resolution:
(1) 1986 compact.--The term ``1986 Compact'' means the
Compact of Free Association between the Government of the
United States and the Governments of the Marshall Islands and
the Federated States of Micronesia set forth in section 201 of
the Compact of Free Association Act of 1985 (48 U.S.C. 1901
note; Public Law 99-239).
(2) 2003 amended u.s.-fsm compact.--The term ``2003 Amended
U.S.-FSM Compact'' means the Compact of Free Association
amending the 1986 Compact entitled the ``Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Federated States of
Micronesia'' set forth in section 201(a) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public
Law 108-188).
(3) 2003 amended u.s.-rmi compact.--The term ``2003 Amended
U.S.-RMI Compact'' means the Compact of Free Association
amending the 1986 Compact entitled ``Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Republic of the
Marshall Islands'' set forth in section 201(b) of the Compact
of Free Association Amendments Act of 2003 (48 U.S.C. 1921
note; Public Law 108-188).
(4) 2023 agreement to amend the u.s.-fsm compact.--The term
``2023 Agreement to Amend the U.S.-FSM Compact'' means the
Agreement between the Government of the United States of
America and the Government of the Federated States of
Micronesia to Amend the Compact of Free Association, as
Amended, done at Palikir May 23, 2023.
(5) 2023 agreement to amend the u.s.-rmi compact.--The term
``2023 Agreement to Amend the U.S.-RMI Compact'' means the
Agreement between the Government of the United States of
America and the Government of the Republic of the Marshall
Islands to Amend the Compact of Free Association, as Amended,
done at Honolulu October 16, 2023.
(6) 2023 amended u.s.-fsm compact.--The term ``2023 Amended
U.S.-FSM Compact'' means the 2003 Amended U.S.-FSM Compact, as
amended by the 2023 Agreement to Amend the U.S.-FSM Compact.
(7) 2023 amended u.s.-rmi compact.--The term ``2023 Amended
U.S.-RMI Compact'' means the 2003 Amended U.S.-RMI Compact, as
amended by the 2023 Agreement to Amend the U.S.-RMI Compact.
(8) 2023 u.s.-fsm federal programs and services
agreement.--The term ``2023 U.S.-FSM Federal Programs and
Services Agreement'' means the 2023 Federal Programs and
Services Agreement between the Government of the United States
of America and the Government of the Federated States of
Micronesia, done at Washington September 28, 2023.
(9) 2023 u.s.-fsm fiscal procedures agreement.--The term
``2023 U.S.-FSM Fiscal Procedures Agreement'' means the
Agreement Concerning Procedures for the Implementation of
United States Economic Assistance provided in the 2023 Amended
U.S.-FSM Compact between the Government of the United States of
America and the Government of the Federated States of
Micronesia, done at Palikir May 23, 2023.
(10) 2023 u.s.-fsm trust fund agreement.--The term ``2023
U.S.-FSM Trust Fund Agreement'' means the Agreement between the
Government of the United States of America and the Government
of the Federated States of Micronesia Regarding the Compact
Trust Fund, done at Palikir May 23, 2023.
(11) 2023 u.s.-palau compact review agreement.--The term
``2023 U.S.-Palau Compact Review Agreement'' means the
Agreement between the Government of the United States of
America and the Government of the Republic of Palau Resulting
From the 2023 Compact of Free Association Section 432 Review,
done at Port Moresby May 22, 2023.
(12) 2023 u.s.-rmi fiscal procedures agreement.--The term
``2023 U.S.-RMI Fiscal Procedures Agreement'' means the
Agreement Concerning Procedures for the Implementation of
United States Economic Assistance Provided in the 2023 Amended
Compact Between the Government of the United States of America
and the Government of the Republic of the Marshall Islands,
done at Honolulu October 16, 2023.
(13) 2023 u.s.-rmi trust fund agreement.--The term ``2023
U.S.-RMI Trust Fund Agreement'' means the Agreement between the
Government of the United States of America and the Government
of the Republic of the Marshall Islands Regarding the Compact
Trust Fund, done at Honolulu October 16, 2023.
(14) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources
of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Natural Resources of the House
of Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(15) Freely associated states.--The term ``Freely
Associated States'' means--
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
(16) Subsidiary agreement.--The term ``subsidiary
agreement'' means any of the following:
(A) The 2023 U.S.-FSM Federal Programs and Services
Agreement.
(B) The 2023 U.S.-FSM Fiscal Procedures Agreement.
(C) The 2023 U.S.-FSM Trust Fund Agreement.
(D) The 2023 U.S.-RMI Fiscal Procedures Agreement.
(E) The 2023 U.S.-RMI Trust Fund Agreement.
(F) Any Federal Programs and Services Agreement in
force between the United States and the Republic of the
Marshall Islands.
(G) Any Federal Programs and Services Agreement in
force between the United States and the Republic of
Palau.
(H) Any other agreement that the United States may
from time-to-time enter into with the Government of the
Federated States of Micronesia, the Government of the
Republic of Palau, or the Government of the Republic of
the Marshall Islands, in accordance with--
(i) The 2023 Amended U.S.-FSM Compact;
(ii) The 2023 U.S.-Palau Compact Review
Agreement; or
(iii) The 2023 Amended U.S.-RMI Compact.
(17) U.S.-palau compact.--The term ``U.S.-Palau Compact''
means the Compact of Free Association between the United States
and the Government of Palau set forth in section 201 of Public
Law 99-658 (48 U.S.C. 1931 note).
SEC. 1404. APPROVAL OF 2023 AGREEMENT TO AMEND THE U.S.-FSM COMPACT,
2023 AGREEMENT TO AMEND THE U.S.-RMI COMPACT, 2023 U.S.-
PALAU COMPACT REVIEW AGREEMENT, AND SUBSIDIARY
AGREEMENTS.
(a) Federated States of Micronesia.--
(1) Approval.--The 2023 Agreement to Amend the U.S.-FSM
Compact and the 2023 U.S.-FSM Trust Fund Agreement, as
submitted to Congress on June 15, 2023, are approved and
incorporated by reference.
(2) Consent of congress.--Congress consents to--
(A) The 2023 U.S.-FSM Fiscal Procedures Agreement,
as submitted to Congress on June 15, 2023; and
(B) The 2023 U.S.-FSM Federal Programs and Services
Agreement.
(3) Authority of president.--Notwithstanding section 101(f)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921(f)), the President is authorized to bring into
force and implement the agreements described in paragraphs (1)
and (2).
(b) Republic of the Marshall Islands.--
(1) Approval.--The 2023 Agreement to Amend the U.S.-RMI
Compact and the 2023 U.S.-RMI Trust Fund Agreement, as
submitted to Congress on October 17, 2023, are approved and
incorporated by reference.
(2) Consent of congress.--Congress consents to the 2023
U.S.-RMI Fiscal Procedures Agreement as submitted to Congress
on October 17, 2023.
(3) Authority of president.--Notwithstanding section 101(f)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921(f)), the President is authorized to bring into
force and implement the agreements described in paragraphs (1)
and (2).
(c) Republic of Palau.--
(1) Approval.--The 2023 U.S.-Palau Compact Review
Agreement, as submitted to Congress on June 15, 2023, is
approved.
(2) Authority of president.--The President is authorized to
bring into force and implement the 2023 U.S.-Palau Compact
Review Agreement.
(d) Amendments, Changes, or Termination to Compacts and Certain
Agreements.--
(1) In general.--Any amendment to, change to, or
termination of all or any part of the 2023 Amended U.S.-FSM
Compact, 2023 Amended U.S.-RMI Compact, or the U.S.-Palau
Compact, by mutual agreement or unilateral action of the
Government of the United States, shall not enter into force
until the date on which Congress has incorporated the
applicable amendment, change, or termination into an Act of
Congress.
(2) Additional actions and agreements.--In addition to the
Compacts described in paragraph (1), the requirements of that
paragraph shall apply to--
(A) any action of the Government of the United
States under the 2023 Amended U.S.-FSM Compact, 2023
Amended U.S.-RMI Compact, or U.S.-Palau Compact,
including an action taken pursuant to section 431, 441,
or 442 of the 2023 Amended U.S.-FSM Compact, 2023
Amended U.S.-RMI Compact, or U.S.-Palau Compact; and
(B) any amendment to, change to, or termination
of--
(i) the agreement described in section
462(a)(2) of the 2023 Amended U.S.-FSM Compact;
(ii) the agreement described in section
462(a)(5) of the 2023 Amended U.S.-RMI Compact;
(iii) an agreement concluded pursuant to
section 265 of the 2023 Amended U.S.-FSM
Compact;
(iv) an agreement concluded pursuant to
section 265 of the 2023 Amended U.S.-RMI
Compact;
(v) an agreement concluded pursuant to
section 177 of the 2023 Amended U.S.-RMI
Compact;
(vi) Articles III and IV of the agreement
described in section 462(b)(6) of the 2023
Amended U.S.-FSM Compact;
(vii) Articles III, IV, and X of the
agreement described in section 462(b)(6) of the
2023 Amended U.S.-RMI Compact;
(viii) the agreement described in section
462(h) of the U.S.-Palau Compact; and
(ix) Articles VI, XV, and XVII of the
agreement described in section 462(b)(7) of the
2023 Amended U.S.-FSM Compact and 2023 Amended
U.S.-RMI Compact and section 462(i) of the
U.S.-Palau Compact.
(e) Entry Into Force of Future Amendments to Subsidiary
Agreements.--An agreement between the United States and the Government
of the Federated States of Micronesia, the Government of the Republic
of the Marshall Islands, or the Government of the Republic of Palau
that would amend, change, or terminate any subsidiary agreement or
portion of a subsidiary agreement (other than an amendment to, change
to, or termination of an agreement described in subsection (d)) shall
not enter into force until the date that is 90 days after the date on
which the President has transmitted to the President of the Senate and
the Speaker of the House of Representatives--
(1) the agreement to amend, change, or terminate the
subsidiary agreement;
(2) an explanation of the amendment, change, or
termination;
(3) a description of the reasons for the amendment, change,
or termination; and
(4) in the case of an agreement that would amend, change,
or terminate any agreement described in section 462(b)(3) of
the 2023 Amended U.S.-FSM Compact or the 2023 Amended U.S.-RMI
Compact, a statement by the Secretary of Labor that describes--
(A) the necessity of the amendment, change, or
termination; and
(B) any impacts of the amendment, change, or
termination.
SEC. 1405. AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.
(a) Law Enforcement Assistance.--
(1) In general.--Pursuant to sections 222 and 224 of the
2023 Amended U.S.-FSM Compact, the United States shall provide
nonreimbursable technical and training assistance, as
appropriate, including training and equipment for postal
inspection of illicit drugs and other contraband, to enable the
Government of the Federated States of Micronesia--
(A) to develop and adequately enforce laws of the
Federated States of Micronesia; and
(B) to cooperate with the United States in the
enforcement of criminal laws of the United States.
(2) Use of appropriated funds.--Funds appropriated pursuant
to subsection (j) of section 105 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d) (as
amended by section 1409(j)) may be used in accordance with
section 102(a) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921a(a)).
(b) United States Appointees to Joint Economic Management
Committee.--
(1) In general.--The 3 United States appointees (which are
composed of the United States chair and 2 other members from
the Government of the United States) to the Joint Economic
Management Committee established under section 213 of the 2023
Amended U.S.-FSM Compact (referred to in this subsection as the
``Committee'') shall--
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the
Federal Government.
(2) Term; appointment.--The 3 United States members of the
Committee described in paragraph (1) shall be appointed for a
term of 2 years as follows:
(A) 1 member shall be appointed by the Secretary of
State, in consultation with the Secretary of the
Treasury.
(B) 1 member shall be appointed by the Secretary of
the Interior, in consultation with the Secretary of the
Treasury.
(C) 1 member shall be appointed by the Interagency
Group on Freely Associated States established under
section 1408(d)(1).
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--Not fewer than 2 United States members
of the Committee appointed under paragraph (2) shall be
individuals who--
(A) by reason of knowledge, experience, or
training, are especially qualified in accounting,
auditing, budget analysis, compliance, grant
administration, program management, or international
economics; and
(B) possess not less than 5 years of full-time
experience in accounting, auditing, budget analysis,
compliance, grant administration, program management,
or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the
date of appointment of a United States member of the
Committee under paragraph (2), the Secretary of the
Interior shall notify the appropriate committees of
Congress that an individual has been appointed as a
voting member of the Committee under that paragraph,
including a statement prepared by the Secretary of the
Interior attesting to the qualifications of the member
described in paragraph (4), subject to subparagraph
(B).
(B) Requirement.--For purposes of a statement
required under subparagraph (A)--
(i) in the case of a member appointed under
paragraph (2)(A), the Secretary of the Interior
shall compile information on the member
provided to the Secretary of the Interior by
the Secretary of State on request of the
Secretary of the Interior; and
(ii) in the case of a member appointed
under paragraph (2)(C), the Secretary of the
Interior shall compile information on the
member provided to the Secretary of the
Interior by the Interagency Group on Freely
Associated States established under section
1408(d)(1) on request of the Secretary of the
Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-FSM Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Federated States of
Micronesia submits to the Committee a report required under the
2023 Amended U.S.-FSM Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable
deadline, written notice attesting that the report is
complete and accurate; or
(B) if the report is not submitted by the
applicable deadline, written notice that the report has
not been timely submitted.
(c) United States Appointees to Joint Trust Fund Committee.--
(1) In general.--The 3 United States voting members (which
are composed of the United States chair and 2 other members
from the Government of the United States) to the Joint Trust
Fund Committee established pursuant to the agreement described
in section 462(b)(5) of the 2023 Amended U.S.-FSM Compact
(referred to in this subsection as the ``Committee'') shall
continue to be officers or employees of the Federal Government.
(2) Term; appointment.--The 3 United States members of the
Committee described in paragraph (1) shall be appointed for a
term not more than 2 years as follows:
(A) 1 member shall be appointed by the Secretary of
State.
(B) 1 member shall be appointed by the Secretary of
the Interior.
(C) 1 member shall be appointed by the Secretary of
the Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--Not fewer than 2 members of the
Committee appointed under paragraph (2) shall be individuals
who--
(A) by reason of knowledge, experience, or
training, are especially qualified in accounting,
auditing, budget analysis, compliance, financial
investment, grant administration, program management,
or international economics; and
(B) possess not less than 5 years of full-time
experience in accounting, auditing, budget analysis,
compliance, financial investment, grant administration,
program management, or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the
date of appointment of a United States member to the
Committee under paragraph (2), the Secretary of the
Interior shall notify the appropriate committees of
Congress that an individual has been appointed as a
voting member of the Committee under that paragraph,
including a statement attesting to the qualifications
of the member described in paragraph (4), subject to
subparagraph (B).
(B) Requirement.--For purposes of a statement
required under subparagraph (A)--
(i) in the case of a member appointed under
paragraph (2)(A), the Secretary of the Interior
shall compile information on the member
provided to the Secretary of the Interior by
the Secretary of State on request of the
Secretary of the Interior; and
(ii) in the case of a member appointed
under paragraph (2)(C), the Secretary of the
Interior shall compile information on the
member provided to the Secretary of the
Interior by the Secretary of the Treasury on
request of the Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-FSM Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Federated States of
Micronesia submits to the Committee a report required under the
2023 Amended U.S.-FSM Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable
deadline, written notice attesting that the report is
complete and accurate; or
(B) if the report is not submitted by the
applicable deadline, written notice that the report has
not been timely submitted.
SEC. 1406. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE REPUBLIC
OF THE MARSHALL ISLANDS.
(a) Law Enforcement Assistance.--
(1) In general.--Pursuant to sections 222 and 224 of the
2023 Amended U.S.-RMI Compact, the United States shall provide
nonreimbursable technical and training assistance, as
appropriate, including training and equipment for postal
inspection of illicit drugs and other contraband, to enable the
Government of the Republic of the Marshall Islands--
(A) to develop and adequately enforce laws of the
Marshall Islands; and
(B) to cooperate with the United States in the
enforcement of criminal laws of the United States.
(2) Use of appropriated funds.--Funds appropriated pursuant
to subsection (j) of section 105 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d) (as
amended by section 1409(j)) may be used in accordance with
section 103(a) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921b(a)).
(b) Espousal Provisions.--
(1) In general.--Congress reaffirms that--
(A) section 103(g)(1) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(g)(1)) and
section 103(e)(1) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(e)(1)) provided
that ``It is the intention of the Congress of the
United States that the provisions of section 177 of the
Compact of Free Association and the Agreement between
the Government of the United States and the Government
of the Marshall Islands for the Implementation of
Section 177 of the Compact (hereafter in this
subsection referred to as the `Section 177 Agreement')
constitute a full and final settlement of all claims
described in Articles X and XI of the Section 177
Agreement, and that any such claims be terminated and
barred except insofar as provided for in the Section
177 Agreement.''; and
(B) section 103(g)(2) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(g)(2)) and
section 103(e)(2) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(e)(2)) provided
that ``In furtherance of the intention of Congress as
stated in paragraph (1) of this subsection, the Section
177 Agreement is hereby ratified and approved. It is
the explicit understanding and intent of Congress that
the jurisdictional limitations set forth in Article XII
of such Agreement are enacted solely and exclusively to
accomplish the objective of Article X of such Agreement
and only as a clarification of the effect of Article X,
and are not to be construed or implemented separately
from Article X.''.
(2) Effect.--Nothing in the 2023 Agreement to Amend the
U.S.-RMI Compact affects the application of the provisions of
law reaffirmed by paragraph (1).
(c) Certain Section 177 Agreement Provisions.--Congress reaffirms
that--
(1) Article IX of the Agreement Between the Government of
the United States and the Government of the Marshall Islands
for the Implementation of Section 177 of the Compact of Free
Association, done at Majuro June 25, 1983, provided that ``If
loss or damage to property and person of the citizens of the
Marshall Islands, resulting from the Nuclear Testing Program,
arises or is discovered after the effective date of this
Agreement, and such injuries were not and could not reasonably
have been identified as of the effective date of this
Agreement, and if such injuries render the provisions of this
Agreement manifestly inadequate, the Government of the Marshall
Islands may request that the Government of the United States
provide for such injuries by submitting such a request to the
Congress of the United States for its consideration. It is
understood that this Article does not commit the Congress of
the United States to authorize and appropriate funds.''; and
(2) section 3(a) of Article XIII of the agreement described
in paragraph (1) provided that ``The Government of the United
States and the Government of the Marshall Islands shall consult
at the request of either of them on matters relating to the
provisions of this Agreement.''.
(d) United States Appointees to Joint Economic Management and
Financial Accountability Committee.--
(1) In general.--The 2 United States appointees (which are
composed of the United States chair and 1 other member from the
Government of the United States) to the Joint Economic
Management and Financial Accountability Committee established
under section 214 of the 2003 Amended U.S.-RMI Compact
(referred to in this subsection as the ``Committee'') shall--
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the
Federal Government.
(2) Term; appointment.--The 2 United States members of the
Committee described in paragraph (1) shall be appointed for a
term of 2 years as follows:
(A) 1 member shall be appointed by the Secretary of
State, in consultation with the Secretary of the
Treasury.
(B) 1 member shall be appointed by the Secretary of
the Interior, in consultation with the Secretary of the
Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--At least 1 United States member of the
Committee appointed under paragraph (2) shall be an individual
who--
(A) by reason of knowledge, experience, or
training, is especially qualified in accounting,
auditing, budget analysis, compliance, grant
administration, program management, or international
economics; and
(B) possesses not less than 5 years of full-time
experience in accounting, auditing, budget analysis,
compliance, grant administration, program management,
or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the
date of appointment of a United States member under
paragraph (2), the Secretary of the Interior shall
notify the appropriate committees of Congress that an
individual has been appointed as a voting member of the
Committee under that paragraph, including a statement
attesting to the qualifications of the member described
in paragraph (4), subject to subparagraph (B).
(B) Requirement.--For purposes of a statement
required under subparagraph (A), in the case of a
member appointed under paragraph (2)(A), the Secretary
of the Interior shall compile information on the member
provided to the Secretary of the Interior by the
Secretary of State on request of the Secretary of the
Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-RMI Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Republic of the Marshall
Islands submits to the Committee a report required under the
2023 Amended U.S.-RMI Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable
deadline, written notice attesting that the report is
complete and accurate; or
(B) if the report is not submitted by the
applicable deadline, written notice that the report has
not been timely submitted.
(e) United States Appointees to Trust Fund Committee.--
(1) In general.--The 3 United States voting members (which
are composed of the United States chair and 2 other members
from the Government of the United States) to the Trust Fund
Committee established pursuant to the agreement described in
section 462(b)(5) of the 2003 Amended U.S.-RMI Compact
(referred to in this subsection as the ``Committee'') shall
continue to be officers or employees of the Federal Government.
(2) Term; appointment.--The 3 United States members of the
Committee described in paragraph (1) shall be appointed for a
term not more than 5 years as follows:
(A) 1 member shall be appointed by the Secretary of
State.
(B) 1 member shall be appointed by the Secretary of
the Interior.
(C) 1 member shall be appointed by the Secretary of
the Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--Not fewer than 2 members of the
Committee appointed under paragraph (2) shall be individuals
who--
(A) by reason of knowledge, experience, or
training, are especially qualified in accounting,
auditing, budget analysis, compliance, financial
investment, grant administration, program management,
or international economics; and
(B) possess not less than 5 years of full-time
experience in accounting, auditing, budget analysis,
compliance, financial investment, grant administration,
program management, or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the
date of appointment of a United States Member under
paragraph (2), the Secretary of the Interior shall
notify the appropriate committees of Congress that an
individual has been appointed as a voting member of the
Committee under that paragraph, including a statement
attesting to the qualifications of the appointee
described in paragraph (4), subject to subparagraph
(B).
(B) Requirement.--For purposes of a statement
required under subparagraph (A)--
(i) in the case of a member appointed under
paragraph (2)(A), the Secretary of the Interior
shall compile information on the member
provided to the Secretary of the Interior by
the Secretary of State on request of the
Secretary of the Interior; and
(ii) in the case of a member appointed
under paragraph (2)(C), the Secretary of the
Interior shall compile information on the
member provided to the Secretary of the
Interior by the Secretary of the Treasury on
request of the Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-RMI Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Republic of the Marshall
Islands submits to the Committee a report required under the
2023 Amended U.S.-RMI Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable
deadline, written notice attesting that the report is
complete and accurate; or
(B) if the report is not submitted by the
applicable deadline, written notice that the report has
not been timely submitted.
(f) Four Atoll Health Care Program.--Congress reaffirms that--
(1) section 103(j)(1) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(1)) and section 103(h)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(h)(1)) provided that services ``provided by the United
States Public Health Service or any other United States agency
pursuant to section 1(a) of Article II of the Agreement for the
Implementation of Section 177 of the Compact (hereafter in this
subsection referred to as the `Section 177 Agreement') shall be
only for services to the people of the Atolls of Bikini,
Enewetak, Rongelap, and Utrik who were affected by the
consequences of the United States nuclear testing program,
pursuant to the program described in Public Law 95-134 and
Public Law 96-205 and their descendants (and any other persons
identified as having been so affected if such identification
occurs in the manner described in such public laws). Nothing in
this subsection shall be construed as prejudicial to the views
or policies of the Government of the Marshall Islands as to the
persons affected by the consequences of the United States
nuclear testing program.'';
(2) section 103(j)(2) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(2)) and section 103(h)(2) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(h)(2)) provided that ``at the end of the first year after
the effective date of the Compact and at the end of each year
thereafter, the providing agency or agencies shall return to
the Government of the Marshall Islands any unexpended funds to
be returned to the Fund Manager (as described in Article I of
the Section 177 Agreement) to be covered into the Fund to be
available for future use.''; and
(3) section 103(j)(3) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(3)) and section 103(h)(3) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(h)(3)) provided that ``the Fund Manager shall retain the
funds returned by the Government of the Marshall Islands
pursuant to paragraph (2) of this subsection, shall invest and
manage such funds, and at the end of 15 years after the
effective date of the Compact, shall make from the total amount
so retained and the proceeds thereof annual disbursements
sufficient to continue to make payments for the provision of
health services as specified in paragraph (1) of this
subsection to such extent as may be provided in contracts
between the Government of the Marshall Islands and appropriate
United States providers of such health services.''.
(g) Radiological Health Care Program.--Notwithstanding any other
provision of law, on the request of the Government of the Republic of
the Marshall Islands, the President (through an appropriate department
or agency of the United States) shall continue to provide special
medical care and logistical support for the remaining members of the
population of Rongelap and Utrik who were exposed to radiation
resulting from the 1954 United States thermonuclear ``Bravo'' test,
pursuant to Public Law 95-134 (91 Stat. 1159) and Public Law 96-205 (94
Stat. 84).
(h) Agricultural and Food Programs.--
(1) In general.--Congress reaffirms that--
(A) section 103(h)(2) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(h)(2)) and
section 103(f)(2)(A) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(f)(2)(A))
provided that notwithstanding ``any other provision of
law, upon the request of the Government of the Marshall
Islands, for the first fifteen years after the
effective date of the Compact, the President (either
through an appropriate department or agency of the
United States or by contract with a United States firm
or by a grant to the Government of the Republic of the
Marshall Islands which may further contract only with a
United States firm or a Republic of the Marshall
Islands firm, the owners, officers and majority of the
employees of which are citizens of the United States or
the Republic of the Marshall Islands) shall provide
technical and other assistance without reimbursement,
to continue the planting and agricultural maintenance
program on Enewetak; without reimbursement, to continue
the food programs of the Bikini, Rongelap, Utrik, and
Enewetak people described in section 1(d) of Article II
of the Subsidiary Agreement for the Implementation of
Section 177 of the Compact and for continued waterborne
transportation of agricultural products to Enewetak
including operations and maintenance of the vessel used
for such purposes.'';
(B) section 103(h)(2) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(h)(2)) and
section 103(f)(2)(B) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(f)(2)(B))
provided that ``The President shall ensure the
assistance provided under these programs reflects the
changes in the population since the inception of such
programs.''; and
(C) section 103(h)(3) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(h)(3)) and
section 103(f)(3) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(f)(3)) provided
that ``payments under this subsection shall be provided
to such extent or in such amounts as are necessary for
services and other assistance provided pursuant to this
subsection. It is the sense of Congress that after the
periods of time specified in paragraphs (1) and (2) of
this subsection, consideration will be given to such
additional funding for these programs as may be
necessary.''.
(2) Planting and agricultural maintenance program.--The
Secretary of the Interior may provide grants to the Government
of the Republic of the Marshall Islands to carry out a planting
and agricultural maintenance program on Bikini, Enewetak,
Rongelap, and Utrik.
(3) Food programs.--The Secretary of Agriculture may
provide, without reimbursement, food programs to the people of
the Republic of the Marshall Islands.
SEC. 1407. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE REPUBLIC
OF PALAU.
(a) Bilateral Economic Consultations.--United States participation
in the annual economic consultations referred to in Article 8 of the
2023 U.S.-Palau Compact Review Agreement shall be by officers or
employees of the Federal Government.
(b) Economic Advisory Group.--
(1) Qualifications.--A member of the Economic Advisory
Group described in Article 7 of the 2023 U.S.-Palau Compact
Review Agreement (referred to in this subsection as the
``Advisory Group'') who is appointed by the Secretary of the
Interior shall be an individual who, by reason of knowledge,
experience, or training, is especially qualified in private
sector business development, economic development, or national
development.
(2) Funds.--With respect to the Advisory Group, the
Secretary of the Interior may use available funds for--
(A) the costs of the 2 members of the advisory
group designated by the United States in accordance
with Article 7 of the 2023 U.S.-Palau Compact Review
Agreement;
(B) 50 percent of the costs of the 5th member of
the Advisory Group designated by the Secretary of the
Interior in accordance with the Article described in
subparagraph (A); and
(C) the costs of--
(i) technical and administrative assistance
for the Advisory Group; and
(ii) other support necessary for the
Advisory Group to accomplish the purpose of the
Advisory Group.
(3) Reports to congress.--Not later than 90 days after the
date on which the Advisory Group receives or completes any
report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit the report to the appropriate
committees of Congress.
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after the date on
which the Government of the Republic of Palau completes any
report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit the report to the appropriate
committees of Congress.
(2) Notice to congress.--Not later than 90 days after the
date on which the Government of the Republic of Palau submits a
report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit to the appropriate committees of
Congress--
(A) if the report is submitted by the applicable
deadline, written notice attesting that the report is
complete and accurate; or
(B) if the report is not submitted by the
applicable deadline, written notice that the report has
not been timely submitted.
SEC. 1408. OVERSIGHT PROVISIONS.
(a) Authorities and Duties of the Comptroller General of the United
States.--
(1) In general.--The Comptroller General of the United
States (including any duly authorized representative of the
Comptroller General of the United States) shall have the
authorities necessary to carry out the responsibilities of the
Comptroller General of the United States under--
(A) the 2023 Amended U.S.-FSM Compact and related
subsidiary agreements, including the authorities and
privileges described in section 102(b) of the Compact
of Free Association Amendments Act of 2003 (48 U.S.C.
1921a(b));
(B) the 2023 Amended U.S.-RMI Compact and related
subsidiary agreements, including the authorities and
privileges described in section 103(k) of the Compact
of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(k)); and
(C) the 2023 U.S.-Palau Compact Review Agreement,
related subsidiary agreements, and the authorities
described in appendix D of the ``Agreement between the
Government of the United States of America and the
Government of the Republic of Palau Following the
Compact of Free Association Section 432 Review'' signed
by the United States and the Republic of Palau on
September 3, 2010.
(2) Reports.--Not later than 18 months after the date of
the enactment of this Act, and every 4 years thereafter, the
Comptroller General of the United States shall submit to the
appropriate committees of Congress a report with respect to the
Freely Associated States, including addressing--
(A) the topics described in subparagraphs (A)
through (E) of section 104(h)(1) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921c(h)(1)), except that for purposes of a report
submitted under this paragraph, the report shall
address those topics with respect to each of the Freely
Associated States; and
(B) the effectiveness of administrative oversight
by the United States of the Freely Associated States.
(b) Secretary of the Interior Oversight Authority.--The Secretary
of the Interior shall have the authority necessary to fulfill the
responsibilities for monitoring and managing the funds appropriated to
the Compact of Free Association account of the Department of the
Interior by section 1411(a) to carry out--
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; and
(4) subsidiary agreements.
(c) Postmaster General Oversight Authority.--The Postmaster General
shall have the authority necessary to fulfill the responsibilities for
monitoring and managing the funds appropriated to the United States
Postal Service under paragraph (1) of section 1411(b) and deposited in
the Postal Service Fund under paragraph (2)(A) of that section to carry
out--
(1) section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;
(2) section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;
(3) section 221(a)(2) of the U.S.-Palau Compact; and
(4) Article 6(a) of the 2023 U.S.-Palau Compact Review
Agreement.
(d) Interagency Group on Freely Associated States.--
(1) Establishment.--The President, in consultation with the
Secretary of State, the Secretary of the Interior, and the
Secretary of Defense, shall establish an Interagency Group on
Freely Associated States (referred to in this subsection as the
``Interagency Group'').
(2) Purpose.--The purposes of the Interagency Group are--
(A) to coordinate development and implementation of
executive branch policies, programs, services, and
other activities in or relating to the Freely
Associated States; and
(B) to provide policy guidance, recommendations,
and oversight to Federal agencies, departments, and
instrumentalities with respect to the implementation
of--
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 Amended U.S.-RMI Compact; and
(iii) the 2023 U.S.-Palau Compact Review
Agreement.
(3) Membership.--The Interagency Group shall consist of--
(A) the Secretary of State, who shall serve as co-
chair of the Interagency Group;
(B) the Secretary of the Interior, who shall serve
as co-chair of the Interagency Group;
(C) the Secretary of Defense;
(D) the Secretary of the Treasury;
(E) the heads of relevant Federal agencies,
departments, and instrumentalities carrying out
obligations under--
(i) sections 131 and 132 of the 2003
Amended U.S.-FSM Compact and subsections (a)
and (b) of section 221 and section 261 of the
2023 Amended U.S.-FSM Compact;
(ii) sections 131 and 132 of the 2003
Amended U.S.-RMI Compact and subsections (a)
and (b) of section 221 and section 261 of the
2023 Amended U.S.-RMI Compact;
(iii) sections 131 and 132 and subsections
(a) and (b) of section 221 of the U.S.-Palau
Compact;
(iv) Article 6 of the 2023 U.S.-Palau
Compact Review Agreement;
(v) any applicable subsidiary agreement;
and
(vi) section 1409; and
(F) the head of any other Federal agency,
department, or instrumentality that the Secretary of
State or the Secretary of the Interior may designate.
(4) Duties of secretary of state and secretary of the
interior.--The Secretary of State (or a senior official
designee of the Secretary of State) and the Secretary of the
Interior (or a senior official designee of the Secretary of the
Interior) shall--
(A) co-lead and preside at a meeting of the
Interagency Group not less frequently than annually;
(B) determine, in consultation with the Secretary
of Defense, the agenda for meetings of the Interagency
Group; and
(C) facilitate and coordinate the work of the
Interagency Group.
(5) Duties of the interagency group.--The Interagency Group
shall--
(A) provide advice on the establishment or
implementation of policies relating to the Freely
Associated States to the President, acting through the
Office of Intergovernmental Affairs, in the form of a
written report not less frequently than annually;
(B) obtain information and advice relating to the
Freely Associated States from the Presidents, other
elected officials, and members of civil society of the
Freely Associated States, including through the members
of the Interagency Group (including senior official
designees of the members) meeting not less frequently
than annually with any Presidents of the Freely
Associated States who elect to participate;
(C) at the request of the head of any Federal
agency (or a senior official designee of the head of a
Federal agency) who is a member of the Interagency
Group, promptly review and provide advice on a policy
or policy implementation action affecting 1 or more of
the Freely Associated States proposed by the Federal
agency, department, or instrumentality; and
(D) facilitate coordination of relevant policies,
programs, initiatives, and activities involving 1 or
more of the Freely Associated States, including
ensuring coherence and avoiding duplication between
programs, initiatives, and activities conducted
pursuant to a Compact with a Freely Associated State
and non-Compact programs, initiatives, and activities.
(6) Reports.--Not later than 1 year after the date of the
enactment of this joint resolution and each year thereafter in
which a Compact of Free Association with a Freely Associated
State is in effect, the President shall submit to the majority
leader and minority leader of the Senate, the Speaker and
minority leader of the House of Representatives, and the
appropriate committees of Congress a report that describes the
activities and recommendations of the Interagency Group during
the applicable year.
(e) Federal Agency Coordination.--The head of any Federal agency
providing programs and services to the Federated States of Micronesia,
the Republic of the Marshall Islands, or the Republic of Palau shall
coordinate with the Secretary of the Interior and the Secretary of
State regarding the provision of the programs and services.
(f) Foreign Loans or Debt.--Congress reaffirms that--
(1) the foreign loans or debt of the Government of the
Federated States of Micronesia, the Government of the Republic
of the Marshall Islands, or the Government of the Republic of
Palau shall not constitute an obligation of the United States;
and
(2) the full faith and credit of the United States
Government shall not be pledged for the payment and performance
of any foreign loan or debt referred to in paragraph (1)
without specific further authorization.
(g) Compact Compilation.--Not later than 180 days after the date of
enactment of this joint resolution, the Secretary of the Interior shall
submit a report to the appropriate committees of Congress that includes
a compilation of the Compact of Free Association with the Federated
State of Micronesia, the Compact of Free Association with the Republic
of Palau, and the Compact of Free Association with Republic of the
Marshall Islands.
(h) Publication; Revision by Office of the Law Revision Counsel.--
(1) Publication.--In publishing this joint resolution 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--
(A) the 2023 Agreement to Amend the U.S.-FSM
Compact; and
(B) the 2023 Agreement to Amend the U.S.-RMI
Compact.
(2) Revision by office of the law revision counsel.--The
Office of the Law Revision Counsel is directed to revise--
(A) the 2003 Amended U.S.-FSM Compact set forth in
the note following section 1921 of title 48, United
States Code, to reflect the amendments to the 2003
Amended U.S.-FSM Compact made by the 2023 Agreement to
Amend the U.S.-FSM Compact; and
(B) the 2003 Amended U.S.-RMI Compact set forth in
the note following section 1921 of title 48, United
States Code, to reflect the amendments to the 2003
Amended U.S.-RMI Compact made by the 2023 Agreement to
Amend the U.S.-RMI Compact.
SEC. 1409. UNITED STATES POLICY REGARDING THE FREELY ASSOCIATED STATES.
(a) Authorization for Veterans' Services.--
(1) Definition of freely associated states.--In this
subsection, the term ``Freely Associated States'' means--
(A) the Federated States of Micronesia, during such
time as it is a party to the Compact of Free
Association set forth in section 201 of the Compact of
Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note);
(B) the Republic of the Marshall Islands, during
such time as it is a party to the Compact of Free
Association set forth in section 201 of the Compact of
Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note); and
(C) the Republic of Palau, during such time as it
is a party to the Compact of Free Association between
the United States and the Government of Palau set forth
in section 201 of Joint Resolution entitled ``Joint
Resolution to approve the `Compact of Free Association'
between the United States and the Government of Palau,
and for other purposes'' (Public Law 99-658; 48 U.S.C.
1931 note).
(2) Hospital care, medical services, and nursing home care
abroad.--Section 1724 of title 38, United States Code, is
amended--
(A) in subsection (a), by striking ``subsections
(b) and (c)'' and inserting ``subsections (b), (c), and
(f)''; and
(B) by adding at the end the following:
``(f)(1)(A) The Secretary may furnish hospital care and medical
services in the Freely Associated States, subject to agreements the
Secretary shall enter into with the governments of the Freely
Associated States as described in section 2009(a)(4)(A) of the Compact
of Free Association Amendments Act of 2024, and subject to subparagraph
(B), to a veteran who is otherwise eligible to receive hospital care
and medical services.
``(B) The agreements described in subparagraph (A) shall
incorporate, to the extent practicable, the applicable laws of the
Freely Associated States and define the care and services that can be
legally provided by the Secretary in the Freely Associated States.
``(2) In furnishing hospital care and medical services under
paragraph (1), the Secretary may furnish hospital care and medical
services through--
``(A) contracts or other agreements;
``(B) reimbursement; or
``(C) the direct provision of care by health care personnel
of the Department.
``(3) In furnishing hospital care and medical services under
paragraph (1), the Secretary may furnish hospital care and medical
services for any condition regardless of whether the condition is
connected to the service of the veteran in the Armed Forces.
``(4)(A) A veteran who has received hospital care or medical
services in a country pursuant to this subsection shall remain
eligible, to the extent determined advisable and practicable by the
Secretary, for hospital care or medical services in that country
regardless of whether the country continues to qualify as a Freely
Associated State for purposes of this subsection.
``(B) If the Secretary determines it is no longer advisable or
practicable to allow veterans described in subparagraph (A) to remain
eligible for hospital care or medical services pursuant to such
subparagraph, the Secretary shall--
``(i) provide direct notice of that determination to such
veterans; and
``(ii) publish that determination and the reasons for that
determination in the Federal Register.
``(5) In this subsection, the term `Freely Associated States'
means--
``(A) the Federated States of Micronesia, during such time
as it is a party to the Compact of Free Association set forth
in section 201 of the Compact of Free Association Act of 1985
(Public Law 99-239; 48 U.S.C. 1901 note);
``(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free Association set
forth in section 201 of the Compact of Free Association Act of
1985 (Public Law 99-239; 48 U.S.C. 1901 note); and
``(C) the Republic of Palau, during such time as it is a
party to the Compact of Free Association between the United
States and the Government of Palau set forth in section 201 of
Joint Resolution entitled `Joint Resolution to approve the
``Compact of Free Association'' between the United States and
the Government of Palau, and for other purposes' (Public Law
99-658; 48 U.S.C. 1931 note).''.
(3) Beneficiary travel.--Section 111 of title 38, United
States Code, is amended by adding at the end the following:
``(h)(1) Notwithstanding any other provision of law, the Secretary
may make payments to or for any person traveling in, to, or from the
Freely Associated States for receipt of care or services authorized to
be legally provided by the Secretary in the Freely Associated States
under section 1724(f)(1) of this title.
``(2) A person who has received payment for travel in a country
pursuant to this subsection shall remain eligible for payment for such
travel in that country regardless of whether the country continues to
qualify as a Freely Associated State for purposes of this subsection.
``(3) The Secretary shall prescribe regulations to carry out this
subsection.
``(4) In this subsection, the term `Freely Associated States'
means--
``(A) the Federated States of Micronesia, during such time
as it is a party to the Compact of Free Association set forth
in section 201 of the Compact of Free Association Act of 1985
(Public Law 99-239; 48 U.S.C. 1901 note);
``(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free Association set
forth in section 201 of the Compact of Free Association Act of
1985 (Public Law 99-239; 48 U.S.C. 1901 note); and
``(C) the Republic of Palau, during such time as it is a
party to the Compact of Free Association between the United
States and the Government of Palau set forth in section 201 of
Joint Resolution entitled `Joint Resolution to approve the
``Compact of Free Association'' between the United States and
the Government of Palau, and for other purposes' (Public Law
99-658; 48 U.S.C. 1931 note).''.
(4) Legal issues.--
(A) Agreements to furnish care and services.--
(i) In general.--Before delivering hospital
care or medical services under subsection (f)
of section 1724 of title 38, United States
Code, as added by paragraph (2)(B), the
Secretary of Veterans Affairs, in consultation
with the Secretary of State, shall enter into
agreements with the governments of the Freely
Associated States to--
(I) facilitate the furnishing of
health services, including telehealth,
under the laws administered by the
Secretary of Veterans Affairs, to
veterans in the Freely Associated
States, such as by addressing--
(aa) licensure,
certification, registration,
and tort issues relating to
health care personnel;
(bb) the scope of health
services the Secretary may
furnish, as well as the means
for furnishing such services;
and
(cc) matters relating to
delivery of pharmaceutical
products and medical surgical
products, including delivery of
such products through the
Consolidated Mail Outpatient
Pharmacy of the Department of
Veterans Affairs, to the Freely
Associated States;
(II) clarify the authority of the
Secretary of Veterans Affairs to pay
for tort claims as set forth under
subparagraph (C); and
(III) clarify authority and
responsibility on any other matters
determined relevant by the Secretary of
Veterans Affairs or the governments of
the Freely Associated States.
(ii) Scope of agreements.--The agreements
described in clause (i) shall incorporate, to
the extent practicable, the applicable laws of
the Freely Associated States and define the
care and services that can be legally provided
by the Secretary of Veterans Affairs in the
Freely Associated States.
(iii) Report to congress.--
(I) In general.--Not later than 90
days after entering into an agreement
described in clause (i), the Secretary
of Veterans Affairs shall submit the
agreement to the appropriate committees
of Congress.
(II) Appropriate committees of
congress defined.--In this clause, the
term ``appropriate committees of
Congress'' means--
(aa) the Committee on
Energy and Natural Resources,
the Committee on Foreign
Relations, and the Committee on
Veterans' Affairs of the
Senate; and
(bb) the Committee on
Natural Resources, the
Committee on Foreign Affairs,
and the Committee on Veterans'
Affairs of the House of
Representatives.
(B) Licensure of health care professionals
providing treatment via telemedicine in the freely
associated states.--Section 1730C(a) of title 38,
United States Code, is amended by striking ``any
State'' and inserting ``any State or any of the Freely
Associated States (as defined in section 1724(f) of
this title)''.
(C) Payment of claims.--The Secretary of Veterans
Affairs may pay tort claims, in the manner authorized
in the first paragraph of section 2672 of title 28,
United States Code, when such claims arise in the
Freely Associated States in connection with furnishing
hospital care or medical services or providing medical
consultation or medical advice to a veteran under the
laws administered by the Secretary, including through a
remote or telehealth program.
(5) Outreach and assessment of options.--During the 1-year
period beginning on the date of enactment of this joint
resolution, the Secretary of Veterans Affairs shall, subject to
the availability of appropriations--
(A) conduct robust outreach to, and engage with,
each government of the Freely Associated States;
(B) assess options for the delivery of care through
the use of authorities provided pursuant to the
amendments made by this subsection; and
(C) increase staffing as necessary to conduct
outreach under subparagraph (A).
(b) Authorization of Education Programs.--
(1) Eligibility.--For fiscal year 2024 and each fiscal year
thereafter, the Government of the United States shall--
(A) continue to make available to the Federated
States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau, grants for services
to individuals eligible for such services under part B
of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) to the extent that those services
continue to be available to individuals in the United
States;
(B) continue to make available to the Federated
States of Micronesia and the Republic of the Marshall
Islands and make available to the Republic of Palau,
competitive grants under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), the
Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.), and part D of the
Individuals with Disabilities Education Act (20 U.S.C.
1450 et seq.), to the extent that those grants continue
to be available to State and local governments in the
United States;
(C) continue to make grants available to the
Republic of Palau under part A of title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.), the Adult Education and Family
Literacy Act (29 U.S.C. 3271 et seq.), and the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.);
(D) continue to make available to eligible
institutions of higher education in the Republic of
Palau and make available to eligible institutions of
higher education in the Federated States of Micronesia
and the Republic of the Marshall Islands and to
students enrolled in those institutions of higher
education, and to students who are citizens of the
Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau and
enrolled in institutions of higher education in the
United States and territories of the United States,
grants under--
(i) subpart 1 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a
et seq.);
(ii) subpart 3 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070b
et seq.); and
(iii) part C of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087-51 et
seq.);
(E) require, as a condition of eligibility for a
public institution of higher education in any State (as
defined in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003)) that is not a Freely Associated
State to participate in or receive funds under any
program under title IV of such Act (20 U.S.C. 1070 et
seq.), that the institution charge students who are
citizens of the Federated States of Micronesia, the
Republic of the Marshall Islands, or the Republic of
Palau tuition for attendance at a rate that is not
greater than the rate charged for residents of the
State in which such public institution of higher
education is located; and
(F) continue to make available, to eligible
institutions of higher education, secondary schools,
and nonprofit organizations in the Federated States of
Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau, competitive grants under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(2) Other formula grants.--Except as provided in paragraph
(1), the Secretary of Education shall not make a grant under
any formula grant program administered by the Department of
Education to the Federated States of Micronesia, the Republic
of the Marshall Islands, or the Republic of Palau.
(3) Grants to the freely associated states under part b of
the individuals with disabilities education act.--Section
611(b)(1) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(b)(1)) is amended by striking subparagraph (A)
and inserting the following:
``(A) Funds reserved.--From the amount appropriated
for any fiscal year under subsection (i), the Secretary
shall reserve not more than 1 percent, which shall be
used as follows:
``(i) To provide assistance to the outlying
areas in accordance with their respective
populations of individuals aged 3 through 21.
``(ii)(I) To provide each freely associated
State a grant so that no freely associated
State receives a lesser share of the total
funds reserved for the freely associated State
than the freely associated State received of
those funds for fiscal year 2023.
``(II) Each freely associated State shall
establish its eligibility under this
subparagraph consistent with the requirements
for a State under section 612.
``(III) The funds provided to each freely
associated State under this part may be used to
provide, to each infant or toddler with a
disability (as defined in section 632), either
a free appropriate public education, consistent
with section 612, or early intervention
services consistent with part C,
notwithstanding the application and eligibility
requirements of sections 634(2), 635, and
637.''.
(4) Technical amendments to the elementary and secondary
education act of 1965.--The Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(A) by striking subparagraph (A) of section
1121(b)(1) (20 U.S.C. 6331(b)(1)) and inserting the
following:
``(A) first reserve $1,000,000 for the Republic of
Palau, subject to such terms and conditions as the
Secretary may establish, except that Public Law 95-134,
permitting the consolidation of grants, shall not
apply; and''; and
(B) in section 8101 (20 U.S.C. 7801), by amending
paragraph (36) to read as follows:
``(36) Outlying area.--The term `outlying area'--
``(A) means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States
Virgin Islands; and
``(B) for the purpose of any discretionary grant
program under this Act, includes the Republic of the
Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau, to the extent that any such
grant program continues to be available to State and
local governments in the United States.''.
(5) Technical amendment to the compact of free association
amendments act of 2003.--Section 105(f)(1)(B) of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)) is amended by striking clause (ix).
(6) Head start programs.--
(A) Definitions.--Section 637 of the Head Start Act
(42 U.S.C. 9832) is amended, in the paragraph defining
the term ``State'', by striking the second sentence and
inserting ``The term `State' includes the Federated
States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau.''.
(B) Allotment of funds.--Section 640(a)(2)(B) of
the Head Start Act (42 U.S.C. 9835(a)(2)(B)) is
amended--
(i) in clause (iv), by inserting ``the
Republic of Palau,'' before ``and the Virgin
Islands''; and
(ii) by amending clause (v) to read as
follows:
``(v) if a base grant has been established through appropriations
for the Federated States of Micronesia or the Republic of the Marshall
Islands, to provide an amount for that jurisdiction (for Head Start
agencies (including Early Head Start agencies) in the jurisdiction)
that is equal to the amount provided for base grants for such
jurisdiction under this subchapter for the prior fiscal year, by
allotting to each agency described in this clause an amount equal to
that agency's base grant for the prior fiscal year; and''.
(7) Coordination required.--The Secretary of the Interior,
in coordination with the Secretary of Education and the
Secretary of Health and Human Services, as applicable, shall,
to the maximum extent practicable, coordinate with the 3 United
States appointees to the Joint Economic Management Committee
described in section 1405(b)(1) and the 2 United States
appointees to the Joint Economic Management and Financial
Accountability Committee described in section 1406(d)(1) to
avoid duplication of economic assistance for education provided
under section 261(a)(1) of the 2023 Amended U.S.-FSM Compact or
section 261(a)(1) of the 2023 Amended U.S.-RMI Compact of
activities or services provided under--
(A) the Head Start Act (42 U.S.C. 9831 et seq.);
(B) subpart 3 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070b et seq.); or
(C) part C of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087-51 et seq.).
(c) Authorization of Department of Defense Programs.--
(1) Department of defense medical facilities.--The
Secretary of Defense shall make available, on a space available
and reimbursable basis, the medical facilities of the
Department of Defense for use by citizens of the Federated
States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau, who are properly referred to the
facilities by government authorities responsible for provision
of medical services in the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and
the affected jurisdictions (as defined in section 104(e)(2) of
the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921c(e)(2))).
(2) Participation by secondary schools in the armed
services vocational aptitude battery student testing program.--
It is the sense of Congress that the Department of Defense may
extend the Armed Services Vocational Aptitude Battery (ASVAB)
Student Testing Program and the ASVAB Career Exploration
Program to selected secondary schools in the Federated States
of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau to the extent such programs are available to
Department of Defense dependent secondary schools established
under section 2164 of title 10, United States Code, and located
outside the United States.
(d) Judicial Training.--In addition to amounts provided under
section 261(a)(4) of the 2023 Amended U.S.-FSM Compact and the 2023
Amended U.S.-RMI Compact and under subsections (a) and (b) of Article 1
of the 2023 U.S.-Palau Compact Review Agreement, for each of fiscal
years 2024 through 2043, the Secretary of the Interior shall use the
amounts made available to the Secretary of the Interior under section
1411(c) to train judges and officials of the judiciary in the Federated
States of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau, in cooperation with the Pacific Islands Committee of
the judicial council of the ninth judicial circuit of the United
States.
(e) Eligibility for the Republic of Palau.--
(1) National health service corps.--The Secretary of Health
and Human Services shall make the services of the National
Health Service Corps available to the residents of the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau to the same extent, and for
the same duration, as services are authorized to be provided to
persons residing in any other areas within or outside the
United States.
(2) Additional programs and services.--The Republic of
Palau shall be eligible for the programs and services made
available to the Federated States of Micronesia and the
Republic of the Marshall Islands under section 108(a) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921g(a)).
(3) Programs and services of certain agencies.--In addition
to the programs and services set forth in the operative Federal
Programs and Services Agreement between the United States and
the Republic of Palau, the programs and services of the
following agencies shall be made available to the Republic of
Palau:
(A) The Legal Services Corporation.
(B) The Public Health Service.
(C) The Rural Housing Service.
(f) Compact Impact Fairness.--
(1) In general.--Section 402 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612)
is amended--
(A) in subsection (a)(2), by adding at the end the
following:
``(N) Exception for citizens of freely associated
states.--With respect to eligibility for benefits for
any specified Federal program, paragraph (1) shall not
apply to any individual who lawfully resides in the
United States in accordance with section 141 of the
Compacts of Free Association between the Government of
the United States and the Governments of the Federated
States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau.''; and
(B) in subsection (b)(2)(G)--
(i) in the subparagraph heading, by
striking ``Medicaid exception for'' and
inserting ``Exception for''; and
(ii) by striking ``the designated Federal
program defined in paragraph (3)(C) (relating
to the Medicaid program)'' and inserting ``any
designated Federal program''.
(2) Exception to 5-year wait requirement.--Section
403(b)(3) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(b)(3)) is amended by
striking ``, but only with respect to the designated Federal
program defined in section 402(b)(3)(C)''.
(3) Definition of qualified alien.--Section 431(b)(8) of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1641(b)(8)) is amended by striking ``,
but only with respect to the designated Federal program defined
in section 402(b)(3)(C) (relating to the Medicaid program)''.
(g) Consultation With International Financial Institutions.--The
Secretary of the Treasury, in coordination with the Secretary of the
Interior and the Secretary of State, shall consult with appropriate
officials of the Asian Development Bank and relevant international
financial institutions (as defined in section 1701(c) of the
International Financial Institutions Act (22 U.S.C. 262r(c))), as
appropriate, with respect to overall economic conditions in, and the
activities of other providers of assistance to, the Freely Associated
States.
(h) Chief of Mission.--Section 105(b) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(b)) is amended by
striking paragraph (5) and inserting the following:
``(5) Pursuant to section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927), all United States Government executive
branch employees in the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau
fall under the authority of the respective applicable chief of
mission, except for employees identified as excepted from the
authority under Federal law or by Presidential directive.''.
(i) Establishment of a Unit for the Freely Associated States in the
Bureau of East Asian and Pacific Affairs of the Department of State and
Increasing Personnel Focused on Oceania.--
(1) Definition of appropriate congressional committees.--In
this subsection, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
(2) Requirements.--The Secretary of State shall--
(A) assign additional full-time equivalent
personnel to the Office of Australia, New Zealand, and
Pacific Island Affairs of the Bureau of East Asian and
Pacific Affairs of the Department of State, including
to the unit established under subparagraph (B), as the
Secretary of State determines to be appropriate, in
accordance with paragraph (4)(A); and
(B) establish a unit in the Bureau of East Asian
and Pacific Affairs of the Department of State to carry
out the functions described in paragraph (3).
(3) Functions of unit.--The unit established under
paragraph (2)(B) shall be responsible for the following:
(A) Managing the bilateral and regional relations
with the Freely Associated States.
(B) Supporting the Secretary of State in leading
negotiations relating to the Compacts of Free
Association with the Freely Associated States.
(C) Coordinating, in consultation with the
Department of the Interior, the Department of Defense,
and other interagency partners as appropriate,
implementation of the Compacts of Free Association with
the Freely Associated States.
(4) Full-time equivalent employees.--The Secretary of State
shall--
(A) not later than 5 years after the date of
enactment of this joint resolution, assign to the
Office of Australia, New Zealand, and Pacific Island
Affairs of the Bureau of East Asian and Pacific
Affairs, including to the unit established under
paragraph (2)(B), not less than 4 additional full-time
equivalent staff, who shall not be dual-hatted,
including by considering--
(i) the use of existing flexible hiring
authorities, including Domestic Employees
Teleworking Overseas (DETOs); and
(ii) the realignment of existing personnel,
including from the United States Mission in
Australia, as appropriate;
(B) reduce the number of vacant foreign service
positions in the Pacific Island region by establishing
an incentive program within the Foreign Service for
overseas positions related to the Pacific Island
region; and
(C) report to the appropriate congressional
committees on progress toward objectives outlined in
this subsection beginning 1 year from the date of the
enactment of this joint resolution and annually
thereafter for 5 years.
(j) Technical Assistance.--Section 105 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d) is amended by
striking subsection (j) and inserting the following:
``(j) Technical Assistance.--
``(1) In general.--Technical assistance may be provided
pursuant to section 224 of the 2023 Amended U.S.-FSM Compact,
section 224 of the 2023 Amended U.S.-RMI Compact, or section
222 of the U.S.-Palau Compact (as those terms are defined in
section 1403 of the Compact of Free Association Amendments Act
of 2024) by Federal agencies and institutions of the Government
of the United States to the extent the assistance shall be
provided to States, territories, or units of local government.
``(2) Historic preservation.--
``(A) In general.--Any technical assistance
authorized under paragraph (1) that is provided by the
Forest Service, the Natural Resources Conservation
Service, the United States Fish and Wildlife Service,
the National Marine Fisheries Service, the United
States Coast Guard, the Advisory Council on Historic
Preservation, the Department of the Interior, or any
other Federal agency providing assistance under
division A of subtitle III of title 54, United States
Code, may be provided on a nonreimbursable basis.
``(B) Grants.--During the period in which the 2023
Amended U.S.-FSM Compact (as so defined) and the 2023
Amended U.S.-RMI Compact (as so defined) are in force,
the grant programs under division A of subtitle III of
title 54, United States Code, shall continue to apply
to the Federated States of Micronesia and the Republic
of the Marshall Islands in the same manner and to the
same extent as those programs applied prior to the
approval of the U.S.-FSM Compact and U.S.-RMI Compact.
``(3) Additional funds.--Any funds provided pursuant to
this subsection, subsections (c), (g), (h), (i), (k), (l), and
(m), section 102(a), and subsections (a), (b), (f), (g), (h),
and (j) of section 103 shall be in addition to, and not charged
against, any amounts to be paid to the Federated States of
Micronesia or the Republic of the Marshall Islands pursuant
to--
``(A) the U.S.-FSM Compact;
``(B) the U.S.-RMI Compact; or
``(C) any related subsidiary agreement.''.
(k) Continuing Trust Territory Authorization.--The authorization
provided by the Act of June 30, 1954 (68 Stat. 330, chapter 423), shall
remain available after the effective date of the 2023 Amended U.S.-FSM
Compact and the 2023 Amended U.S.-RMI Compact with respect to the
Federated States of Micronesia and the Republic of the Marshall Islands
for transition purposes, including--
(1) completion of projects and fulfillment of commitments
or obligations;
(2) termination of the Trust Territory Government and
termination of the High Court;
(3) health and education as a result of exceptional
circumstances;
(4) ex gratia contributions for the populations of Bikini,
Enewetak, Rongelap, and Utrik; and
(5) technical assistance and training in financial
management, program administration, and maintenance of
infrastructure.
(l) Technical Amendments.--
(1) Public health service act definition.--Section 2(f) of
the Public Health Service Act (42 U.S.C. 201(f)) is amended by
striking ``and the Trust Territory of the Pacific Islands'' and
inserting ``the Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of Palau''.
(2) Compact impact amendments.--Section 104(e) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921c(e)) is amended--
(A) in paragraph (4)--
(i) in subparagraph (A), by striking
``beginning in fiscal year 2003'' and inserting
``during the period of fiscal years 2003
through 2023''; and
(ii) in subparagraph (C), by striking
``after fiscal year 2003'' and inserting ``for
the period of fiscal years 2004 through 2023'';
(B) by striking paragraph (5); and
(C) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
SEC. 1410. ADDITIONAL AUTHORITIES.
(a) Agencies, Departments, and Instrumentalities.--
(1) In general.--Appropriations to carry out the
obligations, services, and programs described in paragraph (2)
shall be made directly to the Federal agencies, departments,
and instrumentalities carrying out the obligations, services
and programs.
(2) Obligations, services, and programs described.--The
obligations, services, and programs referred to in paragraphs
(1) and (3) are the obligations, services, and programs under--
(A) sections 131 and 132, paragraphs (1) and (3)
through (6) of section 221(a), and section 221(b) of
the 2023 Amended U.S.-FSM Compact;
(B) sections 131 and 132, paragraphs (1) and (3)
through (6) of section 221(a), and section 221(b) of
the 2023 Amended U.S.-RMI Compact;
(C) sections 131 and 132 and paragraphs (1), (3),
and (4) of section 221(a) of the U.S.-Palau Compact;
(D) Article 6 of the 2023 U.S.-Palau Compact Review
Agreement; and
(E) section 1409.
(3) Authority.--The heads of the Federal agencies,
departments, and instrumentalities to which appropriations are
made available under paragraph (1) as well as the Federal
Deposit Insurance Corporation shall--
(A) have the authority to carry out any activities
that are necessary to fulfill the obligations,
services, and programs described in paragraph (2); and
(B) use available funds to carry out the activities
under subparagraph (A).
(b) Additional Assistance.--Any assistance provided pursuant to
section 105(j) of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921d(j)) (as amended by section 1409(j)) and sections
1405(a), 1406(a), 1407(b), and 1409 shall be in addition to and not
charged against any amounts to be paid to the Federated States of
Micronesia, the Republic of the Marshall Islands, and the Republic of
Palau pursuant to--
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; or
(4) any related subsidiary agreement.
(c) Remaining Balances.--Notwithstanding any other provision of
law, including section 109 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921h)--
(1) remaining balances appropriated to carry out sections
211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM Compact,
shall be programmed pursuant to Article IX of the 2023 U.S.-FSM
Fiscal Procedures Agreement; and
(2) remaining balances appropriated to carry out sections
211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI Compact,
shall be programmed pursuant to Article XI of the 2023 U.S.-RMI
Fiscal Procedures Agreement.
(d) Grants.--Notwithstanding any other provision of law--
(1) contributions under the 2023 Amended U.S.-FSM Compact,
the 2023 U.S.-Palau Compact Review Agreement, and the 2023
Amended U.S.-RMI Compact may be provided as grants for purposes
of implementation of the 2023 Amended U.S.-FSM Compact, the
2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended
U.S.-RMI Compact under the laws of the United States; and
(2) funds appropriated pursuant to section 1411 may be
deposited in interest-bearing accounts and any interest earned
may be retained in and form part of those accounts for use
consistent with the purpose of the deposit.
(e) Rule of Construction.--Except as specifically provided, nothing
in this joint resolution or the amendments made by this joint
resolution amends the following:
(1) Title I of the Compact of Free Association Act of 1985
(48 U.S.C. 1901 et seq.).
(2) Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.).
(3) Title I of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921 et seq.).
(4) Section 1259C of the National Defense Authorization Act
for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 115-91).
(5) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2018 (Public Law 115-141;
132 Stat. 635).
(f) Clarification Relating to Appropriated Funds.--Notwithstanding
section 109 of the Compacts of Free Association Amendments Act of 2003
(48 U.S.C. 1921h)--
(1) funds appropriated by that section and deposited into
the RMI Compact Trust Fund shall be governed by the 2023 U.S.-
RMI Trust Fund Agreement on entry into force of the 2023 U.S.-
RMI Trust Fund Agreement;
(2) funds appropriated by that section and deposited into
the FSM Compact Trust Fund shall be governed by the 2023 U.S.-
FSM Trust Fund Agreement on entry into force of the 2023 U.S.-
FSM Trust Fund Agreement;
(3) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants to
carry out the purposes of section 211(b) of the 2003 U.S.-RMI
Amended Compact shall be subject to the provisions of the 2023
U.S.-RMI Fiscal Procedures Agreement on entry into force of the
2023 U.S.-RMI Fiscal Procedures Agreement;
(4) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants to
carry out the purposes of section 221 of the 2003 U.S.-RMI
Amended Compact shall be subject to the provisions of the 2023
U.S.-RMI Fiscal Procedures Agreement on entry into force of the
2023 U.S.-RMI Fiscal Procedures Agreement, except as modified
in the Federal Programs and Services Agreement in force between
the United States and the Republic of the Marshall Islands; and
(5) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants to
carry out the purposes of section 221 of the 2003 U.S.-FSM
Amended Compact shall be subject to the provisions of the 2023
U.S.-FSM Fiscal Procedures Agreement on entry into force of the
2023 U.S.-FSM Fiscal Procedures Agreement, except as modified
in the 2023 U.S.-FSM Federal Programs and Services Agreement.
SEC. 1411. COMPACT APPROPRIATIONS.
(a) Funding for Activities of the Secretary of the Interior.--For
the period of fiscal years 2024 through 2043, there are appropriated to
the Compact of Free Association account of the Department of the
Interior, out of any funds in the Treasury not otherwise appropriated,
to remain available until expended, the amounts described in and to
carry out the purposes of--
(1) sections 261, 265, and 266 of the 2023 Amended U.S.-FSM
Compact;
(2) sections 261, 265, and 266 of the 2023 Amended U.S.-RMI
Compact; and
(3) Articles 1, 2, and 3 of the 2023 U.S.-Palau Compact
Review Agreement.
(b) Funding for Activities of the United States Postal Service.--
(1) Appropriation.--There is appropriated to the United
States Postal Service, out of any funds in the Treasury not
otherwise appropriated for each of fiscal years 2024 through
2043, $31,700,000, to remain available until expended, to carry
out the costs of the following provisions that are not
otherwise funded:
(A) Section 221(a)(2) of the 2023 Amended U.S.-FSM
Compact.
(B) Section 221(a)(2) of the 2023 Amended U.S.-RMI
Compact.
(C) Section 221(a)(2) of the U.S.-Palau Compact.
(D) Article 6(a) of the 2023 U.S.-Palau Compact
Review Agreement.
(2) Deposit.--
(A) In general.--The amounts appropriated to the
United States Postal Service under paragraph (1) shall
be deposited into the Postal Service Fund established
under section 2003 of title 39, United States Code, to
carry out the provisions described in that paragraph.
(B) Requirement.--Any amounts deposited into the
Postal Service Fund under subparagraph (A) shall be the
fiduciary, fiscal, and audit responsibility of the
Postal Service.
(c) Funding for Judicial Training.--There is appropriated to the
Secretary of the Interior to carry out section 1409(d) out of any funds
in the Treasury not otherwise appropriated, $550,000 for each of fiscal
years 2024 through 2043, to remain available until expended.
(d) Treatment of Previously Appropriated Amounts.--The total
amounts made available to the Government of the Federated States of
Micronesia and the Government of the Republic of the Marshall Islands
under subsection (a) shall be reduced by amounts made available to the
Government of the Federated States of Micronesia and the Government of
the Republic of the Marshall Islands, as applicable, under section
2101(a) of the Continuing Appropriations Act, 2024 and Other Extensions
Act (Public Law 118-15; 137 Stat. 81) (as amended by section 101 of
division B of the Further Continuing Appropriations and Other
Extensions Act, 2024 (Public Law 118-22; 137 Stat. 114) and section 201
of the Further Additional Continuing Appropriations and Other
Extensions Act, 2024 (Public Law 118-35; 138 Stat. 7)).
SEC. 1412. RESCISSION OF INFLATION REDUCTION ACT FUNDS.
The unobligated balances of amounts appropriated or otherwise made
available by each of the following provisions of Public Law 117-169
(commonly referred to as the ``Inflation Reduction Act'') are hereby
permanently rescinded:
(1) Section 50131.
(2) Section 50144.
(3) Section 60114.
(4) Section 60501.
TITLE XV--MISCELLANEOUS MATTERS
SEC. 1501. COUNTERING THE EVASION OF EXPORT CONTROLS.
Section 1756 of the John S. McCain National Defense Authorization
Act for fiscal year 2019 (Public Law 115-232; 50 U.S.C. 4815) is
amended--
(a) by redesignating subsections (c) and (d) as subsections (d)
and (e); and
(b) by inserting after subsection (b) the following new subsection:
``(c) Export Control Evasion Risks.--
``(1) Export control evasion risk defined.--In this Act,
the term `export control evasion risk' means any foreign
person--
``(A) listed pursuant to Section 1754(a)(2) of this
Act and subject to restrictions pursuant to Section
1754(a)(4) of this Act; and
``(B) domiciled in a country subject to an arms
embargo imposed by the United States.
``(2) Licensing policies for export control evasion
risks.--Procedures pursuant to subsection (a) of this section
applied to an export control evasion risk shall apply to any
person that--
``(A) is a successor, subunit, parent company or
subsidiary of that export control evasion risk;
``(B) is owned or controlled by, or is acting for
or on behalf of, directly or indirectly, any person
described in subparagraph (A);
``(C) owns or controls, directly or indirectly, a
person described in subparagraphs (A) and (B); or
``(D) is owned or controlled by, directly or
indirectly, a person described in subparagraph (C).''.
SEC. 1502. TECHNOLOGY CONTROL OPERATING COMMITTEE DECISION MAKING.
Licensing decisions shall be determined by the four agencies on the
Operating Committee. Each agency shall have one vote for license
applications. A majority vote shall be the Operating Committee's final
disposition. In the event of a two-to-two tie vote, a license shall be
denied. Escalation to the Advisory Committee on Export Policy shall
only be allowed in instances when agencies on the Operating Committee
seek to overturn the approval of a license at the Operating Committee
level. All votes at the Operating Committee shall be recorded and
transmitted to the House Foreign Affairs Committee and Senate Banking
Committee every 30 days.
SEC. 1503. REPORT RELATING TO IDENTIFICATION AND CONTROL OF EMERGING
AND FOUNDATIONAL TECHNOLOGIES.
Section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.
4817) is amended by striking subsection (e) and inserting the
following:
``(e) Report to Congress.--
``(1) In general.--Not less frequently than every 90 days,
the Secretary, in coordination with the Secretary of Defense,
the Secretary of State, the Secretary of Energy, and the heads
of other Federal agencies, as appropriate, shall submit to the
appropriate congressional committees a report on efforts to
identify and control emerging and foundational technologies
pursuant to this section.
``(2) Elements.--Each report required by paragraph (1)
shall include the following:
``(A) A description of the methods and process used
to evaluate and identify such technologies, including--
``(i) the agendas and participants for all
meetings to discuss technologies during the
reporting time period;
``(ii) experts within and outside
government, including national labs, used to
consult on technologies; and
``(iii) use of open source and classified
information.
``(B) Potential methods to improve the evaluation
and identification of such technologies, including--
``(i) leadership of the interagency process
and what agency is best equipped to carry out
this requirement;
``(ii) the level of financial resources
needed; and
``(iii) whether the government has existing
technical expertise to carry out this
requirement or new partnerships or hiring
authorities are needed.
``(C) An individual description of such
technologies evaluated and recommended for
identification, including--
``(i) what agency proposed the
identification;
``(ii) the justification for the
identification;
``(iii) end-uses and end-users of concern
that will be able to access the technology;
``(iv) foreign availability of the
technology and levels of control;
``(v) development of the technology in
embargoed countries; and
``(vi) anticipated impacts, including loss
of revenue, on the United States industrial
base of the control.
``(D) An individual description of such
technologies evaluated and not recommended for
identification and control, including--
``(i) what agency proposed the control;
``(ii) what agency objected to the proposed
control;
``(iii) foreign availability of the
technology and levels of control;
``(iv) end-uses and end-users of concern
that will be able to access the technology;
``(v) development of the technology in
embargoed countries;
``(vi) justifications, risk-based and
economic analyses, for not establishing
controls; and
``(vii) anticipated impacts, including
gains to revenue that will be used for research
and development, on the united states
industrial base.
``(E) A summary of actions taken pursuant to this
section, including actions taken pursuant to this
section and the results of such actions.
``(3) Form.--The report required by this subsection shall
be submitted in unclassified form, but may contain a classified
annex.
``(4) Definitions.--In this section, the term appropriate
congressional committees means--
``(A) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Armed
Services, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
``(B) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the
Committee on Armed Services, and the Select Committee
on Intelligence of the Senate.''.
SEC. 1504. TRANSFER OF BUREAU OF INDUSTRY AND SECURITY TO THE
DEPARTMENT OF STATE.
(a) In General.--The Bureau of Industry and Security is abolished.
(b) Transfer of Functions.--There are transferred to the Secretary
of State all functions that, on the day before the date of the
enactment of this Act, were authorized to be performed by the Bureau of
Industry and Security under any statute, reorganization plan, Executive
order, or other provision of law.
(c) Transfer of Assets and Liabilities.--The Secretary of Commerce
shall transfer to the Secretary of State all contracts, property,
records, and unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising from,
available to, or to be made available in connection with the functions
of the Bureau of Industry and Security transferred.
SEC. 1505. SHORT TITLE.
This Act may be cited as the ``Telling Everyone the Location of
data Leaving the U.S. Act'' or the ``TELL Act''.
SEC. 1506. COUNTRY DISCLOSURE REQUIREMENTS.
(a) Disclosure Requirements.--Any person that maintains an internet
website or that sells or distributes a mobile application that stores
and maintains information collected from such website or application in
the People's Republic of China shall disclose to any individual who
downloads or otherwise uses such website or application, in a clear and
conspicuous manner, the following:
(1) That such information is stored and maintained in the
People's Republic of China.
(2) Whether the Chinese Communist Party or a Chinese State-
owned entity has access to such information.
(b) False Information.--It shall be unlawful for a person required
to disclose information under subsection (a) to knowingly disclose
false information under such subsection.
SEC. 1507. ENFORCEMENT.
(a) Unfair or Deceptive Acts or Practices.--A violation of this Act
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Powers of Federal Trade Commission.--
(1) In general.--The Federal Trade Commission shall enforce
this Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this Act.
(2) Privileges and immunities.--Any person that violates
this Act shall be subject to the penalties, and entitled to the
privileges and immunities, provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
TITLE XVI--LICENSING POLICY FOR NATIONAL SECURITY THREATS
SEC. 1601. REPORT ON LICENSE APPLICATIONS AND OTHER REQUESTS FOR
AUTHORIZATION FOR THE EXPORT, REEXPORT, AND IN-COUNTRY
TRANSFER OF ITEMS CONTROLLED UNDER PART I OF THE EXPORT
CONTROL REFORM ACT OF 2018 TO LISTED ENTITIES THAT
THREATEN UNITED STATES NATIONAL SECURITY AND FOREIGN
POLICY INTERESTS.
Section 1756 of the Export Control Reform Act of 2018 (50 U.S.C.
4815) is amended by adding at the end the following:
``(e) Report to Congress.--
``(1) In general.--Not less frequently than every 90 days,
the Secretary, in coordination with the Secretary of Defense,
the Secretary of State, the Secretary of Energy, and the heads
of other Federal agencies, as appropriate, shall submit to the
appropriate congressional committees a report on license
applications and other requests for authorization for the
export, reexport, and in-country transfer of items controlled
under this part to covered entities.
``(2) Elements.--Each report required by paragraph (1)
shall include the following:
``(A) For each license application or other request
for authorization--
``(i) the name of the entity submitting the
application (both parent company as well as the
subsidiary directly involved), a brief
description of the item (including the Export
Control Classification Number (ECCN) and level
of control, if applicable), the name of the
end-user in both English and Chinese
characters, the end-user's location (not
confined only to entities operating in the
People's Republic of China), a value estimate,
decision with respect to the license
application or authorization, and the date of
submission; and
``(ii) the date, location, and result of
site inspections, monitoring, and enforcement
actions to ensure compliance with the terms of
the license or authorization.
``(B) Aggregate statistics on all license
applications and other requests for authorization as
described in subparagraph (A).
``(3) Definitions.--In this section:
``(A) Appropriate congressional committees.--The
term `appropriate congressional committees' means--
``(i) the Committee on Foreign Affairs of
the House of Representatives; and
``(ii) the Committee on Banking, Housing,
and Urban Affairs of the Senate.
``(B) Covered entity.--The term `covered entity'
means any entity on--
``(i) the list maintained and set forth in
Supplement No. 4 to part 744 of the Export
Administration Regulations;
``(ii) the list maintained and set forth in
Supplement No. 7 to part 744 of the Export
Administration Regulations; or
``(iii) the list maintained and published
under section 1237 of the Strom Thurmond
National Defense Authorization Act for Fiscal
Year 1999 (50 U.S.C. 1701 note) or any
successor provision of law.''.
SEC. 1601. DESIGNATION ON ENTITY LIST OF ENTITIES IDENTIFIED ON THE
DEPARTMENT OF DEFENSE'S CHINESE COMMUNIST PARTY MILITARY
LIST.
(a) In General.--The Secretary of Commerce shall designate on the
list maintained and set forth in Supplement No. 4 to part 744 of the
Export Administration Regulations each entity identified on the list
maintained and published under section 1237 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701
note) or any successor provision of law.
(b) Licensing Policy.--Any entity designated under subsection (a)
shall be required to obtain an export control license from the
Department of Commerce under a licensing policy of a presumption of
denial.
TITLE XVII--IMMIGRATION
SEC. 1701. SCRUTINY OF VISAS FOR CHINESE COMMUNIST PARTY MEMBERS.
(a) Inadmissibility.--Section 212(a)(3)(D) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(D)) is amended--
(1) in the subparagraph heading, by striking ``Immigrant
membership'' and inserting ``Membership''; and
(2) by adding at the end the following:
``(v) Prohibition on issuance of certain
visas to members of the chinese communist
party.--An alien who is or has been a member of
or affiliated with the Chinese Communist
Party--
``(I) is inadmissible; and
``(II) shall not be issued a visa
as a nonimmigrant described in section
101(a)(15)(B).''.
(b) Applications for Visa Extensions.--With respect to applications
to extend visas issued to nonimmigrants described in section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)) through enrollment in the Electronic Visa Update System
or any successor system--
(1) the Commissioner of U.S. Customs and Border Protection
shall ensure that such system has a functionality for
determining whether an applicant is a covered alien; and
(2) in the case of an applicant determined to be a covered
alien, the applicant's request for enrollment shall be denied.
(c) Cancellation of Visas Authorized.--
(1) In general.--On encountering a covered alien who is in
possession of a valid, unexpired visa issued under section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)), the Commissioner of US. Customs and Border
Protection shall cancel such visa.
(2) Role of bureau of consular affairs.--Not later than 90
days after the date of the enactment of this Act, the Assistant
Secretary for Consular Affairs shall--
(A) cancel all nonimmigrant visas issued to covered
aliens under section 101(a)(15)(B) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(B)); and
(B) update the Consular Consolidated Database and
the Consular Lookout and Support System to reflect such
cancellations.
(3) Remedy.--The sole legal remedy available to an alien
whose visa has been cancelled under this subsection shall be to
submit a new application for a visa in accordance with the
procedures established by the Bureau of Consular Affairs.
(d) Definition of Covered Alien.--In this section, the term
``covered alien'' means an alien who is or has been a member of or
affiliated with the Chinese Communist Party.
SEC. 1702. LIMITATION ON ELIGIBILITY FOR INVESTOR VISAS.
(a) Definitions.--In this section:
(1) Country of concern.--the term ``country of concern''--
(A) has the meaning given the term ``covered
nation'' in section 4872(d) of title 10, United States
Code; and
(B) includes a jurisdiction that the commission, in
consultation with the Secretary of State and the
Secretary of the Treasury, determines to be subject to
the political and legal control of a covered nation, as
defined in section 4872(d) of title 10, United States
Code.
(b) Section 203(b)(5) of the immigration and nationality act (8
U.S.C. 1153(b)(5)) is amended by adding at the end the following:
``(E) Country of concern limitation.--
``(i) In general.--A citizen or national of
a country of concern is prohibited from
receiving any visa made available under this
paragraph. Section 610 of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) is amended by adding at
the end the following:
``(e)(1) A citizen or national of a country of concern shall be
ineligible for the pilot program described in this section.''.
TITLE XVIII
Subtitle A--Onshore and Offshore Leasing and Oversight
SEC. 1801. ONSHORE OIL AND GAS LEASING.
(a) Requirement To Immediately Resume Onshore Oil and Gas Lease
Sales.--
(1) In general.--The Secretary of the Interior shall
immediately resume quarterly onshore oil and gas lease sales in
compliance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(2) Requirement.--The Secretary of the Interior shall
ensure--
(A) that any oil and gas lease sale pursuant to
paragraph (1) is conducted immediately on completion of
all applicable scoping, public comment, and
environmental analysis requirements under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(B) that the processes described in subparagraph
(A) are conducted in a timely manner to ensure
compliance with subsection (b)(1).
(3) Lease of oil and gas lands.--Section 17(b)(1)(A) of the
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by
inserting ``Eligible lands comprise all lands subject to
leasing under this Act and not excluded from leasing by a
statutory or regulatory prohibition. Available lands are those
lands that have been designated as open for leasing under a
land use plan developed under section 202 of the Federal Land
Policy and Management Act of 1976 and that have been nominated
for leasing through the submission of an expression of
interest, are subject to drainage in the absence of leasing, or
are otherwise designated as available pursuant to regulations
adopted by the Secretary.'' after ``sales are necessary.''.
(b) Quarterly Lease Sales.--
(1) In general.--In accordance with the Mineral Leasing Act
(30 U.S.C. 181 et seq.), each fiscal year, the Secretary of the
Interior shall conduct a minimum of four oil and gas lease
sales in each of the following States:
(A) Wyoming.
(B) New Mexico.
(C) Colorado.
(D) Utah.
(E) Montana.
(F) North Dakota.
(G) Oklahoma.
(H) Nevada.
(I) Alaska.
(J) Any other State in which there is land
available for oil and gas leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or any other
mineral leasing law.
(2) Requirement.--In conducting a lease sale under
paragraph (1) in a State described in that paragraph, the
Secretary of the Interior shall offer all parcels nominated and
eligible pursuant to the requirements of the Mineral Leasing
Act (30 U.S.C. 181 et seq.) for oil and gas exploration,
development, and production under the resource management plan
in effect for the State.
(3) Replacement sales.--The Secretary of the Interior shall
conduct a replacement sale during the same fiscal year if--
(A) a lease sale under paragraph (1) is canceled,
delayed, or deferred, including for a lack of eligible
parcels; or
(B) during a lease sale under paragraph (1) the
percentage of acreage that does not receive a bid is
equal to or greater than 25 percent of the acreage
offered.
(4) Notice regarding missed sales.--Not later than 30 days
after a sale required under this subsection is canceled,
delayed, deferred, or otherwise missed the Secretary of the
Interior shall submit to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that states what sale
was missed and why it was missed.
SEC. 1802. LEASE REINSTATEMENT.
The reinstatement of a lease entered into under the Mineral Leasing
Act (30 U.S.C. 181 et seq.) or the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) by the Secretary shall be not considered a major
Federal action under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
SEC. 1803. PROTESTED LEASE SALES.
Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)(A)) is amended by inserting ``The Secretary shall resolve any
protest to a lease sale not later than 60 days after such payment.''
after ``annual rental for the first lease year.''.
SEC. 1804. SUSPENSION OF OPERATIONS.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
``(r) Suspension of Operations Permits.--In the event that an oil
and gas lease owner has submitted an expression of interest for
adjacent acreage that is part of the nature of the geological play and
has yet to be offered in a lease sale by the Secretary, they may
request a suspension of operations from the Secretary of the Interior
and upon request, the Secretary shall grant the suspension of
operations within 15 days. Any payment of acreage rental or of minimum
royalty prescribed by such lease likewise shall be suspended during
such period of suspension of operations and production; and the term of
such lease shall be extended by adding any such suspension period
thereto.''.
SEC. 1805. ADMINISTRATIVE PROTEST PROCESS REFORM.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further
amended by adding at the end the following:
``(s) Protest Filing Fee.--
``(1) In general.--Before processing any protest filed
under this section, the Secretary shall collect a filing fee in
the amount described in paragraph (2) from the protestor to
recover the cost for processing documents filed for each
administrative protest.
``(2) Amount.--The amount described in this paragraph is
calculated as follows:
``(A) For each protest filed in a submission not
exceeding 10 pages in length, the base filing fee shall
be $150.
``(B) For each submission exceeding 10 pages in
length, in addition to the base filing fee, an
assessment of $5 per page in excess of 10 pages shall
apply.
``(C) For protests that include more than one oil
and gas lease parcel, right-of-way, or application for
permit to drill in a submission, an additional
assessment of $10 per additional lease parcel, right-
of-way, or application for permit to drill shall apply.
``(3) Adjustment.--
``(A) In general.--Beginning on January 1, 2025,
and annually thereafter, the Secretary shall adjust the
filing fees established in this subsection to whole
dollar amounts to reflect changes in the Producer Price
Index, as published by the Bureau of Labor Statistics,
for the previous 12 months.
``(B) Publication of adjusted filing fees.--At
least 30 days before the filing fees as adjusted under
this paragraph take effect, the Secretary shall publish
notification of the adjustment of such fees in the
Federal Register.''.
SEC. 1806. LEASING AND PERMITTING TRANSPARENCY.
(a) Report.--Not later than 30 days after the date of the enactment
of this section, and annually thereafter, the Secretary of the Interior
shall submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that describes--
(1) the status of nominated parcels for future onshore oil
and gas and geothermal lease sales, including--
(A) the number of expressions of interest received
each month during the period of 365 days that ends on
the date on which the report is submitted with respect
to which the Bureau of Land Management--
(i) has not taken any action to review;
(ii) has not completed review; or
(iii) has completed review and determined
that the relevant area meets all applicable
requirements for leasing, but has not offered
the relevant area in a lease sale;
(B) how long expressions of interest described in
subparagraph (A) have been pending; and
(C) a plan, including timelines, for how the
Secretary of the Interior plans to--
(i) work through future expressions of
interest to prevent delays;
(ii) put expressions of interest described
in subparagraph (A) into a lease sale; and
(iii) complete review for expressions of
interest described in clauses (i) and (ii) of
subparagraph (A);
(2) the status of each pending application for permit to
drill received during the period of 365 days that ends on the
date on which the report is submitted, including the number of
applications received each month, by each Bureau of Land
Management office, including--
(A) a description of the cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending in violation of section 17(p)(2) of the Mineral
Leasing Act (30 U.S.C. 226(p)(2)); and
(C) a plan for how the office intends to come into
compliance with the requirements of section 17(p)(2) of
the Mineral Leasing Act (30 U.S.C. 226(p)(2));
(3) the number of permits to drill issued each month by
each Bureau of Land Management office during the 5-year period
ending on the date on which the report is submitted;
(4) the status of each pending application for a license
for offshore geological and geophysical surveys received during
the period of 365 days that ends on the date on which the
report is submitted, including the number of applications
received each month, by each Bureau of Ocean Energy management
regional office, including--
(A) a description of any cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending; and
(C) a plan for how the Bureau of Ocean Energy
Management intends to complete review of each
application;
(5) the number of licenses for offshore geological and
geophysical surveys issued each month by each Bureau of Ocean
Energy Management regional office during the 5-year period
ending on the date on which the report is submitted;
(6) the status of each pending application for a permit to
drill received during the period of 365 days that ends on the
date on which the report is submitted, including the number of
applications received each month, by each Bureau of Safety and
Environmental Enforcement regional office, including--
(A) a description of any cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending; and
(C) steps the Bureau of Safety and Environmental
Enforcement is taking to complete review of each
application;
(7) the number of permits to drill issued each month by
each Bureau of Safety and Environmental Enforcement regional
office during the period of 365 days that ends on the date on
which the report is submitted;
(8) how, as applicable, the Bureau of Land Management, the
Bureau of Ocean Energy Management, and the Bureau of Safety and
Environmental Enforcement determines whether to--
(A) issue a license for geological and geophysical
surveys;
(B) issue a permit to drill; and
(C) issue, extend, or suspend an oil and gas lease;
(9) when determinations described in paragraph (8) are sent
to the national office of the Bureau of Land Management, the
Bureau of Ocean Energy Management, or the Bureau of Safety and
Environmental Enforcement for final approval;
(10) the degree to which Bureau of Land Management, Bureau
of Ocean Energy Management, and Bureau of Safety and
Environmental Enforcement field, State, and regional offices
exercise discretion on such final approval;
(11) during the period of 365 days that ends on the date on
which the report is submitted, the number of auctioned leases
receiving accepted bids that have not been issued to winning
bidders and the number of days such leases have not been
issued; and
(12) a description of the uses of application for permit to
drill fees paid by permit holders during the 5-year period
ending on the date on which the report is submitted.
(b) Pending Applications for Permits To Drill.--Not later than 30
days after the date of the enactment of this section, the Secretary of
the Interior shall--
(1) complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other applicable law that must be met before issuance of a
permit to drill described in paragraph (2); and
(2) issue a permit for all completed applications to drill
that are pending on the date of the enactment of this Act.
(c) Public Availability of Data.--
(1) Mineral leasing act.--Section 17 of the Mineral Leasing
Act (30 U.S.C. 226) is further amended by adding at the end the
following:
``(t) Public Availability of Data.--
``(1) Expressions of interest.--Not later than 30 days
after the date of the enactment of this subsection, and each
month thereafter, the Secretary shall publish on the website of
the Department of the Interior the number of pending, approved,
and not approved expressions of interest in nominated parcels
for future onshore oil and gas lease sales in the preceding
month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of the enactment of this subsection, and
each month thereafter, the Secretary shall publish on the
website of the Department of the Interior the number of pending
and approved applications for permits to drill in the preceding
month in each State office.
``(3) Past data.--Not later than 30 days after the date of
the enactment of this subsection, the Secretary shall publish
on the website of the Department of the Interior, with respect
to each month during the 5-year period ending on the date of
the enactment of this subsection--
``(A) the number of approved and not approved
expressions of interest for onshore oil and gas lease
sales during such 5-year period; and
``(B) the number of approved and not approved
applications for permits to drill during such 5-year
period.''.
(2) Outer continental shelf lands act.--Section 8 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended
by adding at the end the following:
``(q) Public Availability of Data.--
``(1) Offshore geological and geophysical survey
licenses.--Not later than 30 days after the date of the
enactment of this subsection, and each month thereafter, the
Secretary shall publish on the website of the Department of the
Interior the number of pending and approved applications for
licenses for offshore geological and geophysical surveys in the
preceding month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of the enactment of this subsection, and
each month thereafter, the Secretary shall publish on the
website of the Department of the Interior the number of pending
and approved applications for permits to drill on the outer
Continental Shelf in the preceding month in each regional
office.
``(3) Past data.--Not later than 30 days after the date of
the enactment of this subsection, the Secretary shall publish
on the website of the Department of the Interior, with respect
each month during the 5-year period ending on the date of the
enactment of this subsection--
``(A) the number of approved applications for
licenses for offshore geological and geophysical
surveys; and
``(B) the number of approved applications for
permits to drill on the outer Continental Shelf.''.
(d) Requirement To Submit Documents and Communications.--
(1) In general.--Not later than 60 days after the date of
the enactment of this section, the Secretary of the Interior
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives all documents and communications
relating to the comprehensive review of Federal oil and gas
permitting and leasing practices required under section 208 of
Executive Order 14008 (86 Fed. Reg. 7624; relating to tackling
the climate crisis at home and abroad).
(2) Inclusions.--The submission under paragraph (1) shall
include all documents and communications submitted to the
Secretary of the Interior by members of the public in response
to any public meeting or forum relating to the comprehensive
review described in that paragraph.
SEC. 1807. OFFSHORE OIL AND GAS LEASING.
(a) In General.--The Secretary shall conduct all lease sales
described in the 2017- 2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016) that have not been conducted as
of the date of the enactment of this Act by not later than September
30, 2023.
(b) Gulf of Mexico Region Annual Lease Sales.--Notwithstanding any
other provision of law, and except within areas subject to existing oil
and gas leasing moratoria beginning in fiscal year 2024, the Secretary
of the Interior shall annually conduct a minimum of 2 region-wide oil
and gas lease sales in the following planning areas of the Gulf of
Mexico region, as described in the 2017-2022 Outer Continental Shelf
Oil and Gas Leasing Proposed Final Program (November 2016).
(1) The Central Gulf of Mexico Planning Area.
(2) The Western Gulf of Mexico Planning Area.
(c) Alaska Region Annual Lease Sales.--Notwithstanding any other
provision of law, beginning in fiscal year 2024, the Secretary of the
Interior shall annually conduct a minimum of 2 region-wide oil and gas
lease sales in the Alaska region of the Outer Continental Shelf, as
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016).
(d) Requirements.--In conducting lease sales under subsections (b)
and (c), the Secretary of the Interior shall--
(1) issue such leases in accordance with the Outer
Continental Shelf Lands Act (43 U.S.C. 1332 et seq.); and
(2) include in each such lease sale all unleased areas that
are not subject to a moratorium as of the date of the lease
sale.
SEC. 1808. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS LEASING.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(1) in subsection (a)--
(A) by striking ``subsections (c) and (d) of this
section, shall prepare and periodically revise,'' and
inserting ``this section, shall issue every five
years'';
(B) by adding at the end the following:
``(5) Each five-year program shall include at least two
Gulf of Mexico region-wide lease sales per year.''; and
(C) in paragraph (3), by inserting ``domestic
energy security,'' after ``between'';
(2) by redesignating subsections (f) through (i) as
subsections (h) through (k), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Five-Year Program for 2023-2028.--The Secretary shall issue
the five-year oil and gas leasing program for 2023 through 2028 and
issue the Record of Decision on the Final Programmatic Environmental
Impact Statement by not later than July 1, 2023.
``(g) Subsequent Leasing Programs.--
``(1) In general.--Not later than 36 months after
conducting the first lease sale under an oil and gas leasing
program prepared pursuant to this section, the Secretary shall
begin preparing the subsequent oil and gas leasing program
under this section.
``(2) Requirement.--Each subsequent oil and gas leasing
program under this section shall be approved by not later than
180 days before the expiration of the previous oil and gas
leasing program.''.
SEC. 1809. GEOTHERMAL LEASING.
(a) Annual Leasing.--Section 4(b) of the Geothermal Steam Act of
1970 (30 U.S.C. 1003(b)) is amended--
(1) in paragraph (2), by striking ``2 years'' and inserting
``year'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(3) after paragraph (2), by inserting the following:
``(3) Replacement sales.--If a lease sale under paragraph
(1) for a year is canceled or delayed, the Secretary of the
Interior shall conduct a replacement sale during the same year.
``(4) Requirement.--In conducting a lease sale under
paragraph (2) in a State described in that paragraph, the
Secretary of the Interior shall offer all nominated parcels
eligible for geothermal development and utilization under the
resource management plan in effect for the State.''.
(b) Deadlines for Consideration of Geothermal Drilling Permits.--
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is
amended by adding at the end the following:
``(h) Deadlines for Consideration of Geothermal Drilling Permits.--
``(1) Notice.--Not later than 30 days after the date on
which the Secretary receives an application for any geothermal
drilling permit, the Secretary shall--
``(A) provide written notice to the applicant that
the application is complete; or
``(B) notify the applicant that information is
missing and specify any information that is required to
be submitted for the application to be complete.
``(2) Issuance of decision.--If the Secretary determines
that an application for a geothermal drilling permit is
complete under paragraph (1)(A), the Secretary shall issue a
final decision on the application not later than 30 days after
the Secretary notifies the applicant that the application is
complete.''.
SEC. 1810. LEASING FOR CERTAIN QUALIFIED COAL APPLICATIONS.
(a) Definitions.--In this section:
(1) Coal lease.--The term ``coal lease'' means a lease
entered into by the United States as lessor, through the Bureau
of Land Management, and the applicant on Bureau of Land
Management Form 3400-012.
(2) Qualified application.--The term ``qualified
application'' means any application pending under the lease by
application program administered by the Bureau of Land
Management pursuant to the Mineral Leasing Act (30 U.S.C. 181
et seq.) and subpart 3425 of title 43, Code of Federal
Regulations (as in effect on the date of the enactment of this
Act), for which the environmental review process under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has commenced.
(b) Mandatory Leasing and Other Required Approvals.--As soon as
practicable after the date of the enactment of this Act, the Secretary
shall promptly--
(1) with respect to each qualified application--
(A) if not previously published for public comment,
publish a draft environmental assessment, as required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any applicable implementing
regulations;
(B) finalize the fair market value of the coal
tract for which a lease by application is pending;
(C) take all intermediate actions necessary to
grant the qualified application; and
(D) grant the qualified application; and
(2) with respect to previously awarded coal leases, grant
any additional approvals of the Department of the Interior or
any bureau, agency, or division of the Department of the
Interior required for mining activities to commence.
SEC. 1811. FUTURE COAL LEASING.
Notwithstanding any judicial decision to the contrary or a
departmental review of the Federal coal leasing program, Secretarial
Order 3338, issued by the Secretary of the Interior on January 15,
2016, shall have no force or effect.
SEC. 1812. STAFF PLANNING REPORT.
The Secretary of the Interior and the Secretary of Agriculture
shall each annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the staffing capacity of each
respective agency with respect to issuing oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims, easements,
and permits. Each such report shall include--
(1) the number of staff assigned to process and issue oil,
gas, hardrock mining, coal, and renewable energy leases,
rights-of-way, claims, easements, and permits;
(2) a description of how many staff are needed to meet
statutory requirements for such oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims,
easements, and permits; and
(3) how, as applicable, the Department of the Interior or
the Department of Agriculture plans to address staffing
shortfalls and turnover to ensure adequate staffing to process
and issue such oil, gas, hardrock mining, coal, and renewable
energy leases, rights-of-way, claims, easements, and permits.
SEC. 1813. EFFECT ON OTHER LAW.
Nothing in this Act, or any amendments made by this Act, shall
affect--
(1) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 8, 2020;
(2) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 25, 2020;
(3) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas off the Atlantic Coast on the Outer
Continental Shelf From Leasing Disposition'' and dated December
20, 2016; or
(4) the ban on oil and gas development in the Great Lakes
described in section 386 of the Energy Policy Act of 2005 (42
U.S.C. 15941).
Subtitle B--Permitting Streamlining
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Energy facility.--The term ``energy facility'' means a
facility the primary purpose of which is the exploration for,
or the development, production, conversion, gathering, storage,
transfer, processing, or transportation of, any energy
resource.
(2) Energy storage device.--The term ``energy storage
device''--
(A) means any equipment that stores energy,
including electricity, compressed air, pumped water,
heat, and hydrogen, which may be converted into, or
used to produce, electricity; and
(B) includes a battery, regenerative fuel cell,
flywheel, capacitor, superconducting magnet, and any
other equipment the Secretary concerned determines may
be used to store energy which may be converted into, or
used to produce, electricity.
(3) Public lands.--The term ``public lands'' means any land
and interest in land owned by the United States within the
several States and administered by the Secretary of the
Interior or the Secretary of Agriculture without regard to how
the United States acquired ownership, except--
(A) lands located on the Outer Continental Shelf;
and
(B) lands held in trust by the United States for
the benefit of Indians, Indian Tribes, Aleuts, and
Eskimos.
(4) Right-of-way.--The term ``right-of-way'' means--
(A) a right-of-way issued, granted, or renewed
under section 501 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761); or
(B) a right-of-way granted under section 28 of the
Mineral Leasing Act (30 U.S.C. 185).
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to public lands, the Secretary of
the Interior; and
(B) with respect to National Forest System lands,
the Secretary of Agriculture.
(6) Land use plan.--The term ``land use plan'' means--
(A) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604);
(B) a Land Management Plan developed by the Bureau
of Land Management under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); or
(C) a comprehensive conservation plan developed by
the United States Fish and Wildlife Service under
section 4(e)(1)(A) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C.
668dd(e)(1)(A)).
SEC. 202. BUILDER ACT.
(a) Paragraph (2) of Section 102.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (A), by striking ``insure'' and
inserting ``ensure'';
(2) in subparagraph (B), by striking ``insure'' and
inserting ``ensure'';
(3) in subparagraph (C)--
(A) by inserting ``consistent with the provisions
of this Act and except as provided by other provisions
of law,'' before ``include in every'';
(B) by striking clauses (i) through (v) and
inserting the following:
``(i) reasonably foreseeable environmental
effects with a reasonably close causal
relationship to the proposed agency action;
``(ii) any reasonably foreseeable adverse
environmental effects which cannot be avoided
should the proposal be implemented;
``(iii) a reasonable number of alternatives
to the proposed agency action, including an
analysis of any negative environmental impacts
of not implementing the proposed agency action
in the case of a no action alternative, that
are technically and economically feasible, are
within the jurisdiction of the agency, meet the
purpose and need of the proposal, and, where
applicable, meet the goals of the applicant;
``(iv) the relationship between local
short-term uses of man's environment and the
maintenance and enhancement of long-term
productivity; and
``(v) any irreversible and irretrievable
commitments of Federal resources which would be
involved in the proposed agency action should
it be implemented.''; and
(C) by striking ``the responsible Federal
official'' and inserting ``the head of the lead
agency'';
(4) in subparagraph (D), by striking ``Any'' and inserting
``any'';
(5) by redesignating subparagraphs (D) through (I) as
subparagraphs (F) through (K), respectively;
(6) by inserting after subparagraph (C) the following:
``(D) ensure the professional integrity, including
scientific integrity, of the discussion and analysis in
an environmental document;
``(E) make use of reliable existing data and
resources in carrying out this Act;'';
(7) by amending subparagraph (G), as redesignated, to read
as follows:
``(G) consistent with the provisions of this Act,
study, develop, and describe technically and
economically feasible alternatives within the
jurisdiction and authority of the agency;''; and
(8) in subparagraph (H), as amended, by inserting
``consistent with the provisions of this Act,'' before
``recognize''.
(b) New Sections.--Title I of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) is amended by adding at the end the
following:
``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.
``(a) Threshold Determinations.--An agency is not required to
prepare an environmental document with respect to a proposed agency
action if--
``(1) the proposed agency action is not a final agency
action within the meaning of such term in chapter 5 of title 5,
United States Code;
``(2) the proposed agency action is covered by a
categorical exclusion established by the agency, another
Federal agency, or another provision of law;
``(3) the preparation of such document would clearly and
fundamentally conflict with the requirements of another
provision of law;
``(4) the proposed agency action is, in whole or in part, a
nondiscretionary action with respect to which such agency does
not have authority to take environmental factors into
consideration in determining whether to take the proposed
action;
``(5) the proposed agency action is a rulemaking that is
subject to section 553 of title 5, United States Code; or
``(6) the proposed agency action is an action for which
such agency's compliance with another statute's requirements
serve the same or similar function as the requirements of this
Act with respect to such action.
``(b) Levels of Review.--
``(1) Environmental impact statement.--An agency shall
issue an environmental impact statement with respect to a
proposed agency action that has a significant effect on the
quality of the human environment.
``(2) Environmental assessment.--An agency shall prepare an
environmental assessment with respect to a proposed agency
action that is not likely to have a significant effect on the
quality of the human environment, or if the significance of
such effect is unknown, unless the agency finds that a
categorical exclusion established by the agency, another
Federal agency, or another provision of law applies. Such
environmental assessment shall be a concise public document
prepared by a Federal agency to set forth the basis of such
agency's finding of no significant impact.
``(3) Sources of information.--In making a determination
under this subsection, an agency--
``(A) may make use of any reliable data source; and
``(B) is not required to undertake new scientific
or technical research.
``SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.
``(a) Lead Agency.--
``(1) Designation.--
``(A) In general.--If there are two or more
involved Federal agencies, such agencies shall
determine, by letter or memorandum, which agency shall
be the lead agency based on consideration of the
following factors:
``(i) Magnitude of agency's involvement.
``(ii) Project approval or disapproval
authority.
``(iii) Expertise concerning the action's
environmental effects.
``(iv) Duration of agency's involvement.
``(v) Sequence of agency's involvement.
``(B) Joint lead agencies.--In making a
determination under subparagraph (A), the involved
Federal agencies may, in addition to a Federal agency,
appoint such Federal, State, Tribal, or local agencies
as joint lead agencies as the involved Federal agencies
shall determine appropriate. Joint lead agencies shall
jointly fulfill the role described in paragraph (2).
``(C) Mineral projects.--This paragraph shall not
apply with respect to a mineral exploration or mine
permit.
``(2) Role.--A lead agency shall, with respect to a
proposed agency action--
``(A) supervise the preparation of an environmental
document if, with respect to such proposed agency
action, there is more than one involved Federal agency;
``(B) request the participation of each cooperating
agency at the earliest practicable time;
``(C) in preparing an environmental document, give
consideration to any analysis or proposal created by a
cooperating agency with jurisdiction by law or a
cooperating agency with special expertise;
``(D) develop a schedule, in consultation with each
involved cooperating agency, the applicant, and such
other entities as the lead agency determines
appropriate, for completion of any environmental
review, permit, or authorization required to carry out
the proposed agency action;
``(E) if the lead agency determines that a review,
permit, or authorization will not be completed in
accordance with the schedule developed under
subparagraph (D), notify the agency responsible for
issuing such review, permit, or authorization of the
discrepancy and request that such agency take such
measures as such agency determines appropriate to
comply with such schedule; and
``(F) meet with a cooperating agency that requests
such a meeting.
``(3) Cooperating agency.--The lead agency may, with
respect to a proposed agency action, designate any involved
Federal agency or a State, Tribal, or local agency as a
cooperating agency. A cooperating agency may, not later than a
date specified by the lead agency, submit comments to the lead
agency. Such comments shall be limited to matters relating to
the proposed agency action with respect to which such agency
has special expertise or jurisdiction by law with respect to an
environmental issue.
``(4) Request for designation.--Any Federal, State, Tribal,
or local agency or person that is substantially affected by the
lack of a designation of a lead agency with respect to a
proposed agency action under paragraph (1) may submit a written
request for such a designation to an involved Federal agency.
An agency that receives a request under this paragraph shall
transmit such request to each involved Federal agency and to
the Council.
``(5) Council designation.--
``(A) Request.--Not earlier than 45 days after the
date on which a request is submitted under paragraph
(4), if no designation has been made under paragraph
(1), a Federal, State, Tribal, or local agency or
person that is substantially affected by the lack of a
designation of a lead agency may request that the
Council designate a lead agency. Such request shall
consist of--
``(i) a precise description of the nature
and extent of the proposed agency action; and
``(ii) a detailed statement with respect to
each involved Federal agency and each factor
listed in paragraph (1) regarding which agency
should serve as lead agency.
``(B) Transmission.--The Council shall transmit a
request received under subparagraph (A) to each
involved Federal agency.
``(C) Response.--An involved Federal agency may,
not later than 20 days after the date of the submission
of a request under subparagraph (A), submit to the
Council a response to such request.
``(D) Designation.--Not later than 40 days after
the date of the submission of a request under
subparagraph (A), the Council shall designate the lead
agency with respect to the relevant proposed agency
action.
``(b) One Document.--
``(1) Document.--To the extent practicable, if there are 2
or more involved Federal agencies with respect to a proposed
agency action and the lead agency has determined that an
environmental document is required, such requirement shall be
deemed satisfied with respect to all involved Federal agencies
if the lead agency issues such an environmental document.
``(2) Consideration timing.--In developing an environmental
document for a proposed agency action, no involved Federal
agency shall be required to consider any information that
becomes available after the sooner of, as applicable--
``(A) receipt of a complete application with
respect to such proposed agency action; or
``(B) publication of a notice of intent or decision
to prepare an environmental impact statement for such
proposed agency action.
``(3) Scope of review.--In developing an environmental
document for a proposed agency action, the lead agency and any
other involved Federal agencies shall only consider the effects
of the proposed agency action that--
``(A) occur on Federal land; or
``(B) are subject to Federal control and
responsibility.
``(c) Request for Public Comment.--Each notice of intent to prepare
an environmental impact statement under section 102 shall include a
request for public comment on alternatives or impacts and on relevant
information, studies, or analyses with respect to the proposed agency
action.
``(d) Statement of Purpose and Need.--Each environmental impact
statement shall include a statement of purpose and need that briefly
summarizes the underlying purpose and need for the proposed agency
action.
``(e) Estimated Total Cost.--The cover sheet for each environmental
impact statement shall include a statement of the estimated total cost
of preparing such environmental impact statement, including the costs
of agency full-time equivalent personnel hours, contractor costs, and
other direct costs.
``(f) Page Limits.--
``(1) Environmental impact statements.--
``(A) In general.--Except as provided in
subparagraph (B), an environmental impact statement
shall not exceed 150 pages, not including any citations
or appendices.
``(B) Extraordinary complexity.--An environmental
impact statement for a proposed agency action of
extraordinary complexity shall not exceed 300 pages,
not including any citations or appendices.
``(2) Environmental assessments.--An environmental
assessment shall not exceed 75 pages, not including any
citations or appendices.
``(g) Sponsor Preparation.--A lead agency shall allow a project
sponsor to prepare an environmental assessment or an environmental
impact statement upon request of the project sponsor. Such agency may
provide such sponsor with appropriate guidance and assist in the
preparation. The lead agency shall independently evaluate the
environmental document and shall take responsibility for the contents
upon adoption.
``(h) Deadlines.--
``(1) In general.--Except as provided in paragraph (2),
with respect to a proposed agency action, a lead agency shall
complete, as applicable--
``(A) the environmental impact statement not later
than the date that is 2 years after the sooner of, as
applicable--
``(i) the date on which such agency
determines that section 102(2)(C) requires the
issuance of an environmental impact statement
with respect to such action;
``(ii) the date on which such agency
notifies the applicant that the application to
establish a right-of-way for such action is
complete; and
``(iii) the date on which such agency
issues a notice of intent to prepare the
environmental impact statement for such action;
and
``(B) the environmental assessment not later than
the date that is 1 year after the sooner of, as
applicable--
``(i) the date on which such agency
determines that section 106(b)(2) requires the
preparation of an environmental assessment with
respect to such action;
``(ii) the date on which such agency
notifies the applicant that the application to
establish a right-of-way for such action is
complete; and
``(iii) the date on which such agency
issues a notice of intent to prepare the
environmental assessment for such action.
``(2) Delay.--A lead agency that determines it is not able
to meet the deadline described in paragraph (1) may extend such
deadline with the approval of the applicant. If the applicant
approves such an extension, the lead agency shall establish a
new deadline that provides only so much additional time as is
necessary to complete such environmental impact statement or
environmental assessment.
``(3) Expenditures for delay.--If a lead agency is unable
to meet the deadline described in paragraph (1) or extended
under paragraph (2), the lead agency must pay $100 per day, to
the extent funding is provided in advance in an appropriations
Act, out of the office of the head of the department of the
lead agency to the applicant starting on the first day
immediately following the deadline described in paragraph (1)
or extended under paragraph (2) up until the date that an
applicant approves a new deadline. This paragraph does not
apply when the lead agency misses a deadline solely due to
delays caused by litigation.
``(i) Report.--
``(1) In general.--The head of each lead agency shall
annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that--
``(A) identifies any environmental assessment and
environmental impact statement that such lead agency
did not complete by the deadline described in
subsection (h); and
``(B) provides an explanation for any failure to
meet such deadline.
``(2) Inclusions.--Each report submitted under paragraph
(1) shall identify, as applicable--
``(A) the office, bureau, division, unit, or other
entity within the Federal agency responsible for each
such environmental assessment and environmental impact
statement;
``(B) the date on which--
``(i) such lead agency notified the
applicant that the application to establish a
right-of-way for the major Federal action is
complete;
``(ii) such lead agency began the scoping
for the major Federal action; or
``(iii) such lead agency issued a notice of
intent to prepare the environmental assessment
or environmental impact statement for the major
Federal action; and
``(C) when such environmental assessment and
environmental impact statement is expected to be
complete.
``SEC. 108. JUDICIAL REVIEW.
``(a) Limitations on Claims.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking judicial review of
compliance with this Act, of a determination made under this Act, or of
Federal action resulting from a determination made under this Act,
shall be barred unless--
``(1) in the case of a claim pertaining to a proposed
agency action for which--
``(A) an environmental document was prepared and an
opportunity for comment was provided;
``(B) the claim is filed by a party that
participated in the administrative proceedings
regarding such environmental document; and
``(C) the claim--
``(i) is filed by a party that submitted a
comment during the public comment period for
such administrative proceedings and such
comment was sufficiently detailed to put the
lead agency on notice of the issue upon which
the party seeks judicial review; and
``(ii) is related to such comment;
``(2) except as provided in subsection (b), such claim is
filed not later than 120 days after the date of publication of
a notice in the Federal Register of agency intent to carry out
the proposed agency action;
``(3) such claim is filed after the issuance of a record of
decision or other final agency action with respect to the
relevant proposed agency action;
``(4) such claim does not challenge the establishment or
use of a categorical exclusion under section 102; and
``(5) such claim concerns--
``(A) an alternative included in the environmental
document; or
``(B) an environmental effect considered in the
environmental document.
``(b) Supplemental Environmental Impact Statement.--
``(1) Separate final agency action.--The issuance of a
Federal action resulting from a final supplemental
environmental impact statement shall be considered a final
agency action for the purposes of chapter 5 of title 5, United
States Code, separate from the issuance of any previous
environmental impact statement with respect to the same
proposed agency action.
``(2) Deadline for filing a claim.--A claim seeking
judicial review of a Federal action resulting from a final
supplemental environmental review issued under section
102(2)(C) shall be barred unless--
``(A) such claim is filed within 120 days of the
date on which a notice of the Federal agency action
resulting from a final supplemental environmental
impact statement is issued; and
``(B) such claim is based on information contained
in such supplemental environmental impact statement
that was not contained in a previous environmental
document pertaining to the same proposed agency action.
``(c) Prohibition on Injunctive Relief.--Notwithstanding any other
provision of law, a violation of this Act shall not constitute the
basis for injunctive relief.
``(d) Rule of Construction.--Nothing in this section shall be
construed to create a right of judicial review or place any limit on
filing a claim with respect to the violation of the terms of a permit,
license, or approval.
``(e) Remand.--Notwithstanding any other provision of law, no
proposed agency action for which an environmental document is required
shall be vacated or otherwise limited, delayed, or enjoined unless a
court concludes allowing such proposed action will pose a risk of an
imminent and substantial environmental harm and there is no other
equitable remedy available as a matter of law.
``SEC. 109. DEFINITIONS.
``In this title:
``(1) Categorical exclusion.--The term `categorical
exclusion' means a category of actions that a Federal agency
has determined normally does not significantly affect the
quality of the human environment within the meaning of section
102(2)(C).
``(2) Cooperating agency.--The term `cooperating agency'
means any Federal, State, Tribal, or local agency that has been
designated as a cooperating agency under section 107(a)(3).
``(3) Council.--The term `Council' means the Council on
Environmental Quality established in title II.
``(4) Environmental assessment.--The term `environmental
assessment' means an environmental assessment prepared under
section 106(b)(2).
``(5) Environmental document.--The term `environmental
document' means an environmental impact statement, an
environmental assessment, or a finding of no significant
impact.
``(6) Environmental impact statement.--The term
`environmental impact statement' means a detailed written
statement that is required by section 102(2)(C).
``(7) Finding of no significant impact.--The term `finding
of no significant impact' means a determination by a Federal
agency that a proposed agency action does not require the
issuance of an environmental impact statement.
``(8) Involved federal agency.--The term `involved Federal
agency' means an agency that, with respect to a proposed agency
action--
``(A) proposed such action; or
``(B) is involved in such action because such
action is directly related, through functional
interdependence or geographic proximity, to an action
such agency has taken or has proposed to take.
``(9) Lead agency.--
``(A) In general.--Except as provided in
subparagraph (B), the term `lead agency' means, with
respect to a proposed agency action--
``(i) the agency that proposed such action;
or
``(ii) if there are 2 or more involved
Federal agencies with respect to such action,
the agency designated under section 107(a)(1).
``(B) Specification for mineral exploration or mine
permits.--With respect to a proposed mineral
exploration or mine permit, the term `lead agency' has
the meaning given such term in section 40206(a) of the
Infrastructure Investment and Jobs Act.
``(10) Major federal action.--
``(A) In general.--The term `major Federal action'
means an action that the agency carrying out such
action determines is subject to substantial Federal
control and responsibility.
``(B) Exclusion.--The term `major Federal action'
does not include--
``(i) a non-Federal action--
``(I) with no or minimal Federal
funding;
``(II) with no or minimal Federal
involvement where a Federal agency
cannot control the outcome of the
project; or
``(III) that does not include
Federal land;
``(ii) funding assistance solely in the
form of general revenue sharing funds which do
not provide Federal agency compliance or
enforcement responsibility over the subsequent
use of such funds;
``(iii) loans, loan guarantees, or other
forms of financial assistance where a Federal
agency does not exercise sufficient control and
responsibility over the effect of the action;
``(iv) farm ownership and operating loan
guarantees by the Farm Service Agency pursuant
to sections 305 and 311 through 319 of the
Consolidated Farmers Home Administration Act of
1961 (7 U.S.C. 1925 and 1941 through 1949);
``(v) business loan guarantees provided by
the Small Business Administration pursuant to
section 7(a) or (b) and of the Small Business
Act (15 U.S.C. 636(a)), or title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695
et seq.);
``(vi) bringing judicial or administrative
civil or criminal enforcement actions; or
``(vii) extraterritorial activities or
decisions, which means agency activities or
decisions with effects located entirely outside
of the jurisdiction of the United States.
``(C) Additional exclusions.--An agency action may
not be determined to be a major Federal action on the
basis of--
``(i) an interstate effect of the action or
related project; or
``(ii) the provision of Federal funds for
the action or related project.
``(11) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' has the meaning given such
term in section 40206(a) of the Infrastructure Investment and
Jobs Act.
``(12) Proposal.--The term `proposal' means a proposed
action at a stage when an agency has a goal, is actively
preparing to make a decision on one or more alternative means
of accomplishing that goal, and can meaningfully evaluate its
effects.
``(13) Reasonably foreseeable.--The term `reasonably
foreseeable' means likely to occur--
``(A) not later than 10 years after the lead agency
begins preparing the environmental document; and
``(B) in an area directly affected by the proposed
agency action such that an individual of ordinary
prudence would take such occurrence into account in
reaching a decision.
``(14) Special expertise.--The term `special expertise'
means statutory responsibility, agency mission, or related
program experience.''.
SEC. 203. CODIFICATION OF NATIONAL ENVIRONMENTAL POLICY ACT
REGULATIONS.
The revisions to the Code of Federal Regulations made pursuant to
the final rule of the Council on Environmental Quality titled ``Update
to the Regulations Implementing the Procedural Provisions of the
National Environmental Policy Act'' and published on July 16, 2020 (85
Fed. Reg. 43304), shall have the same force and effect of law as if
enacted by an Act of Congress.
SEC. 204. NON-MAJOR FEDERAL ACTIONS.
(a) Exemption.--An action by the Secretary concerned with respect
to a covered activity shall be not considered a major Federal action
under section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)).
(b) Covered Activity.--In this section, the term ``covered
activity'' includes--
(1) geotechnical investigations;
(2) off-road travel in an existing right-of-way;
(3) construction of meteorological towers where the total
surface disturbance at the location is less than 5 acres;
(4) adding a battery or other energy storage device to an
existing or planned energy facility, if that storage resource
is located within the physical footprint of the existing or
planned energy facility;
(5) drilling temperature gradient wells and other
geothermal exploratory wells, including construction or making
improvements for such activities, where--
(A) the last cemented casing string is less than 12
inches in diameter; and
(B) the total unreclaimed surface disturbance at
any one time within the project area is less than 5
acres;
(6) any repair, maintenance, upgrade, optimization, or
minor addition to existing transmission and distribution
infrastructure, including--
(A) operation, maintenance, or repair of power
equipment and structures within existing substations,
switching stations, transmission, and distribution
lines;
(B) the addition, modification, retirement, or
replacement of breakers, transmission towers,
transformers, bushings, or relays;
(C) the voltage uprating, modification,
reconductoring with conventional or advanced
conductors, and clearance resolution of transmission
lines;
(D) activities to minimize fire risk, including
vegetation management, routine fire mitigation,
inspection, and maintenance activities, and removal of
hazard trees and other hazard vegetation within or
adjacent to an existing right-of-way;
(E) improvements to or construction of structure
pads for such infrastructure; and
(F) access and access route maintenance and repairs
associated with any activity described in subparagraph
(A) through (E);
(7) approval of and activities conducted in accordance with
operating plans or agreements for transmission and distribution
facilities or under a special use authorization for an electric
transmission and distribution facility right-of-way; and
(8) construction, maintenance, realignment, or repair of an
existing permanent or temporary access road--
(A) within an existing right-of-way or within a
transmission or utility corridor established by
Congress or in a land use plan;
(B) that serves an existing transmission line,
distribution line, or
(C) energy facility or activities conducted in
accordance with existing onshore oil and gas leases.
SEC. 205. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-WAY.
(a) In General.--Upon a determination by the Secretary concerned
that there will be no overall long-term net loss of vegetation, soil,
or habitat, as defined by acreage and function, resulting from a
proposed action, decision, or activity within an existing right-of-way,
within a right-of-way corridor established in a land use plan, or in an
otherwise designated right-of-way, that action, decision, or activity
shall not be considered a major Federal action under section 102(2)(C)
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
(b) Inclusion of Remediation.--In making a determination under
subsection (a), the Secretary concerned shall consider the effect of
any remediation work to be conducted during the lifetime of the action,
decision, or activity when determining whether there will be any
overall long-term net loss of vegetation, soil, or habitat.
SEC. 206. DETERMINATION OF NATIONAL ENVIRONMENTAL POLICY ACT ADEQUACY.
The Secretary concerned shall use previously completed
environmental assessments and environmental impact statements to
satisfy the requirements of section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) with respect to any major Federal
action, if such Secretary determines that--
(1) the new proposed action is substantially the same as a
previously analyzed proposed action or alternative analyzed in
a previous environmental assessment or environmental impact
statement; and
(2) the effects of the proposed action are substantially
the same as the effects analyzed in such existing environmental
assessments or environmental impact statements.
SEC. 207. DETERMINATION REGARDING RIGHTS-OF-WAY.
Not later than 60 days after the Secretary concerned receives an
application to grant a right-of-way, the Secretary concerned shall
notify the applicant as to whether the application is complete or
deficient. If the Secretary concerned determines the application is
complete, the Secretary concerned may not consider any other
application to grant a right-of-way on the same or any overlapping
parcels of land while such application is pending.
SEC. 208. TERMS OF RIGHTS-OF-WAY.
(a) Fifty-Year Terms for Rights-of-Way.--
(1) In general.--Any right-of-way for pipelines for the
transportation or distribution of oil or gas granted, issued,
amended, or renewed under Federal law may be limited to a term
of not more than 50 years before such right-of-way is subject
to renewal or amendment.
(2) Federal land policy and management act of 1976.--
Section 501 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1761) is amended by adding at the end the
following:
``(e) Any right-of-way granted, issued, amended, or renewed under
subsection (a)(4) may be limited to a term of not more than 50 years
before such right-of-way is subject to renewal or amendment.''.
(b) Mineral Leasing Act.--Section 28(n) of the Mineral Leasing Act
(30 U.S.C. 185(n)) is amended by striking ``thirty'' and inserting
``50''.
SEC. 209. FUNDING TO PROCESS PERMITS AND DEVELOP INFORMATION
TECHNOLOGY.
(a) In General.--In fiscal years 2023 through 2025, the Secretary
of Agriculture (acting through the Forest Service) and the Secretary of
the Interior, after public notice, may accept and expend funds
contributed by non-Federal entities for dedicated staff, information
resource management, and information technology system development to
expedite the evaluation of permits, biological opinions, concurrence
letters, environmental surveys and studies, processing of applications,
consultations, and other activities for the leasing, development, or
expansion of an energy facility under the jurisdiction of the
respective Secretaries.
(b) Effect on Permitting.--In carrying out this section, the
Secretary of the Interior shall ensure that the use of funds accepted
under subsection (a) will not impact impartial decision making with
respect to permits, either substantively or procedurally.
(c) Statement for Failure To Accept or Expend Funds.--Not later
than 60 days after the end of the applicable fiscal year, if the
Secretary of Agriculture (acting through the Forest Service) or the
Secretary of the Interior does not accept funds contributed under
subsection (a) or accepts but does not expend such funds, that
Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a statement explaining why such funds were not
accepted, were not expended, or both, as the case may be.
SEC. 210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.
The Secretary of the Interior shall authorize geological and
geophysical surveys related to oil and gas activities on the Gulf of
Mexico Outer Continental Shelf, except within areas subject to existing
oil and gas leasing moratoria. Such authorizations shall be issued
within 30 days of receipt of a completed application and shall, as
applicable to survey type, comply with the mitigation and monitoring
measures in subsections (a), (b), (c), (d), (f), and (g) of section
217.184 of title 50, Code of Federal Regulations (as in effect on
January 1, 2022), and section 217.185 of title 50, Code of Federal
Regulations (as in effect on January 1, 2022). Geological and
geophysical surveys authorized pursuant to this section are deemed to
be in full compliance with the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and their implementing regulations.
SEC. 211. DEFERRAL OF APPLICATIONS FOR PERMITS TO DRILL.
Section 17(p)(3) of the Mineral Leasing Act (30 U.S.C. 226(p)(3))
is amended by adding at the end the following:
``(D) Deferral based on formatting issues.--A
decision on an application for a permit to drill may
not be deferred under paragraph (2)(B) as a result of a
formatting issue with the permit, unless such
formatting issue results in missing information.''.
SEC. 212. PROCESSING AND TERMS OF APPLICATIONS FOR PERMITS TO DRILL.
(a) Effect of Pending Civil Actions.--Section 17(p) of the Mineral
Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the
following:
``(4) Effect of pending civil action on processing
applications for permits to drill.--Pursuant to the
requirements of paragraph (2), notwithstanding the existence of
any pending civil actions affecting the application or related
lease, the Secretary shall process an application for a permit
to drill or other authorizations or approvals under a valid
existing lease, unless a United States Federal court vacated
such lease. Nothing in this paragraph shall be construed as
providing authority to a Federal court to vacate a lease.''.
(b) Term of Permit To Drill.--Section 17 of the Mineral Leasing Act
(30 U.S.C. 226) is further amended by adding at the end the following:
``(u) Term of Permit To Drill.--A permit to drill issued under this
section after the date of the enactment of this subsection shall be
valid for one four-year term from the date that the permit is approved,
or until the lease regarding which the permit is issued expires,
whichever occurs first.''.
SEC. 213. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.
Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is
amended to read as follows:
``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW.
``(a) National Environmental Policy Act Review.--Action by the
Secretary of the Interior, in managing the public lands, or the
Secretary of Agriculture, in managing National Forest System lands,
with respect to any of the activities described in subsection (c),
shall not be considered a major Federal action for the purposes of
section 102(2)(C) of the National Environmental Policy Act of 1969, if
the activity is conducted pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) for the purpose of exploration or development of
oil or gas.
``(b) Application.--This section shall not apply to an action of
the Secretary of the Interior or the Secretary of Agriculture on Indian
lands or resources managed in trust for the benefit of Indian Tribes.
``(c) Activities Described.--The activities referred to in
subsection (a) are as follows:
``(1) Reinstating a lease pursuant to section 31 of the
Mineral Leasing Act (30 U.S.C. 188).
``(2) The following activities, provided that any new
surface disturbance is contiguous with the footprint of the
original authorization and does not exceed 20 acres or the
acreage has previously been evaluated in a document previously
prepared under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such
activity:
``(A) Drilling an oil or gas well at a well pad
site at which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad
site to accommodate an additional well.
``(C) Expansion or modification of an existing oil
or gas well pad site, road, pipeline, facility, or
utility submitted in a sundry notice.
``(3) Drilling of an oil or gas well at a new well pad
site, provided that the new surface disturbance does not exceed
20 acres and the acreage evaluated in a document previously
prepared under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such
activity, whichever is greater.
``(4) Construction or realignment of a road, pipeline, or
utility within an existing right-of-way or within a right-of-
way corridor established in a land use plan.
``(5) The following activities when conducted from non-
Federal surface into federally owned minerals, provided that
the operator submits to the Secretary concerned certification
of a surface use agreement with the non-Federal landowner:
``(A) Drilling an oil or gas well at a well pad
site at which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad
site to accommodate an additional well.
``(C) Expansion or modification of an existing oil
or gas well pad site, road, pipeline, facility, or
utility submitted in a sundry notice.
``(6) Drilling of an oil or gas well from non-Federal
surface and non-Federal subsurface into Federal mineral estate.
``(7) Construction of up to 1 mile of new road on Federal
or non-Federal surface, not to exceed 2 miles in total.
``(8) Construction of up to 3 miles of individual pipelines
or utilities, regardless of surface ownership.''.
SEC. 214. ACCESS TO FEDERAL ENERGY RESOURCES FROM NON-FEDERAL SURFACE
ESTATE.
(a) Oil and Gas Permits.--Section 17 of the Mineral Leasing Act (30
U.S.C. 226) is further amended by adding at the end the following:
``(v) No Federal Permit Required for Oil and Gas Activities on
Certain Land.--
``(1) In general.--The Secretary shall not require an
operator to obtain a Federal drilling permit for oil and gas
exploration and production activities conducted on non-Federal
surface estate, provided that--
``(A) the United States holds an ownership interest
of less than 50 percent of the subsurface mineral
estate to be accessed by the proposed action; and
``(B) the operator submits to the Secretary a State
permit to conduct oil and gas exploration and
production activities on the non-Federal surface
estate.
``(2) No federal action.--An oil and gas exploration and
production activity carried out under paragraph (1)--
``(A) shall not be considered a major Federal
action for the purposes of section 102(2)(C) of the
National Environmental Policy Act of 1969;
``(B) shall require no additional Federal action;
``(C) may commence 30 days after submission of the
State permit to the Secretary; and
``(D) shall not be subject to--
``(i) section 306108 of title 54, United
States Code (commonly known as the National
Historic Preservation Act of 1966); and
``(ii) section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1536).
``(3) Royalties and production accountability.--(A) Nothing
in this subsection shall affect the amount of royalties due to
the United States under this Act from the production of oil and
gas, or alter the Secretary's authority to conduct audits and
collect civil penalties pursuant to the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
``(B) The Secretary may conduct onsite reviews and
inspections to ensure proper accountability, measurement, and
reporting of production of Federal oil and gas, and payment of
royalties.
``(4) Exceptions.--This subsection shall not apply to
actions on Indian lands or resources managed in trust for the
benefit of Indian Tribes.
``(5) Indian land.--In this subsection, the term `Indian
land' means--
``(A) any land located within the boundaries of an
Indian reservation, pueblo, or rancheria; and
``(B) any land not located within the boundaries of
an Indian reservation, pueblo, or rancheria, the title
to which is held--
``(i) in trust by the United States for the
benefit of an Indian tribe or an individual
Indian;
``(ii) by an Indian tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
``(iii) by a dependent Indian community.''.
(b) Geothermal Permits.--The Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) is amended by adding at the end the following:
``SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEOTHERMAL ACTIVITIES ON
CERTAIN LAND.
``(a) In General.--The Secretary shall not require an operator to
obtain a Federal drilling permit for geothermal exploration and
production activities conducted on a non-Federal surface estate,
provided that--
``(1) the United States holds an ownership interest of less
than 50 percent of the subsurface geothermal estate to be
accessed by the proposed action; and
``(2) the operator submits to the Secretary a State permit
to conduct geothermal exploration and production activities on
the non-Federal surface estate.
``(b) No Federal Action.--A geothermal exploration and production
activity carried out under paragraph (1)--
``(1) shall not be considered a major Federal action for
the purposes of section 102(2)(C) of the National Environmental
Policy Act of 1969;
``(2) shall require no additional Federal action;
``(3) may commence 30 days after submission of the State
permit to the Secretary; and
``(4) shall not be subject to--
``(A) section 306108 of title 54, United States
Code (commonly known as the National Historic
Preservation Act of 1966); and
``(B) section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536).
``(c) Royalties and Production Accountability.--(1) Nothing in this
section shall affect the amount of royalties due to the United States
under this Act from the production of electricity using geothermal
resources (other than direct use of geothermal resources) or the
production of any byproducts.
``(2) The Secretary may conduct onsite reviews and inspections to
ensure proper accountability, measurement, and reporting of the
production described in paragraph (1), and payment of royalties.
``(d) Exceptions.--This section shall not apply to actions on
Indian lands or resources managed in trust for the benefit of Indian
Tribes.
``(e) Indian Land.--In this section, the term `Indian land' means--
``(1) any land located within the boundaries of an Indian
reservation, pueblo, or rancheria; and
``(2) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which is
held--
``(A) in trust by the United States for the benefit
of an Indian tribe or an individual Indian;
``(B) by an Indian tribe or an individual Indian,
subject to restriction against alienation under laws of
the United States; or
``(C) by a dependent Indian community.''.
SEC. 215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL AND GAS LEASES.
An environmental review for an oil and gas lease or permit prepared
pursuant to the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and its implementing regulations--
(1) shall apply only to areas that are within or
immediately adjacent to the lease plot or plots and that are
directly affected by the proposed action; and
(2) shall not require consideration of downstream, indirect
effects of oil and gas consumption.
SEC. 216. EXPEDITING APPROVAL OF GATHERING LINES.
Section 11318(b)(1) of the Infrastructure Investment and Jobs Act
(42 U.S.C. 15943(b)(1)) is amended by striking ``to be an action that
is categorically excluded (as defined in section 1508.1 of title 40,
Code of Federal Regulations (as in effect on the date of enactment of
this Act))'' and inserting ``to not be a major Federal action''.
SEC. 217. LEASE SALE LITIGATION.
Notwithstanding any other provision of law, any oil and gas lease
sale held under section 17 of the Mineral Leasing Act (26 U.S.C. 226)
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) shall
not be vacated and activities on leases awarded in the sale shall not
be otherwise limited, delayed, or enjoined unless the court concludes
allowing development of the challenged lease will pose a risk of an
imminent and substantial environmental harm and there is no other
equitable remedy available as a matter of law. No court, in response to
an action brought pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. et seq.), may enjoin or issue any order preventing the
award of leases to a bidder in a lease sale conducted pursuant to
section 17 of the Mineral Leasing Act (26 U.S.C. 226) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Department
of the Interior has previously opened bids for such leases or disclosed
the high bidder for any tract that was included in such lease sale.
SEC. 218. LIMITATION ON CLAIMS.
(a) In General.--Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of a permit,
license, or approval issued by a Federal agency for a mineral project,
energy facility, or energy storage device shall be barred unless--
(1) the claim is filed within 120 days after publication of
a notice in the Federal Register announcing that the permit,
license, or approval is final pursuant to the law under which
the agency action is taken, unless a shorter time is specified
in the Federal law pursuant to which judicial review is
allowed; and
(2) the claim is filed by a party that submitted a comment
during the public comment period for such permit, license, or
approval and such comment was sufficiently detailed to put the
agency on notice of the issue upon which the party seeks
judicial review.
(b) Savings Clause.--Nothing in this section shall create a right
to judicial review or place any limit on filing a claim that a person
has violated the terms of a permit, license, or approval.
(c) Transportation Projects.--Subsection (a) shall not apply to or
supersede a claim subject to section 139(l)(1) of title 23, United
States Code.
(d) Mineral Project.--In this section, the term ``mineral project''
means a project--
(1) located on--
(A) a mining claim, millsite claim, or tunnel site
claim for any mineral;
(B) lands open to mineral entry; or
(C) a Federal mineral lease; and
(2) for the purposes of exploring for or producing
minerals.
SEC. 219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON PERMITS TO DRILL.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall issue a
report detailing--
(1) the approval timelines for applications for permits to
drill issued by the Bureau of Land Management from 2018 through
2023;
(2) the number of applications for permits to drill that
were not issued within 30 days of receipt of a completed
application; and
(3) the causes of delays resulting in applications for
permits to drill pending beyond the 30-day deadline required
under section 17(p)(2) of the Mineral Leasing Act (30 U.S.C.
226(p)(2)).
(b) Recommendations.--The report issued under subsection (a) shall
include recommendations with respect to--
(1) actions the Bureau of Land Management can take to
streamline the approval process for applications for permits to
drill to approve applications for permits to drill within 30
days of receipt of a completed application;
(2) aspects of the Federal permitting process carried out
by the Bureau of Land Management to issue applications for
permits to drill that can be turned over to States to expedite
approval of applications for permits to drill; and
(3) legislative actions that Congress must take to allow
States to administer certain aspects of the Federal permitting
process described in paragraph (2).
Subtitle C--Permitting for Mining Needs
SEC. 301. DEFINITIONS.
In this subtitle:
(1) Byproduct.--The term ``byproduct'' has the meaning
given such term in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a)).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Mineral.--The term ``mineral'' means any mineral of a
kind that is locatable (including, but not limited to, such
minerals located on ``lands acquired by the United States'', as
such term is defined in section 2 of the Mineral Leasing Act
for Acquired Lands) under the Act of May 10, 1872 (Chapter 152;
17 Stat. 91).
(4) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(5) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
SEC. 302. MINERALS SUPPLY CHAIN AND RELIABILITY.
Section 40206 of the Infrastructure Investment and Jobs Act (30
U.S.C. 1607) is amended--
(1) in the section heading, by striking ``critical
minerals'' and inserting ``minerals'';
(2) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Lead agency.--The term `lead agency' means the
Federal agency with primary responsibility for issuing a
mineral exploration or mine permit or lease for a mineral
project.
``(2) Mineral.--The term `mineral' has the meaning given
such term in section 301 of the TAPP American Resources Act.
``(3) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' means--
``(A) an authorization of the Bureau of Land
Management or the Forest Service, as applicable, for
exploration for minerals that requires analysis under
the National Environmental Policy Act of 1969;
``(B) a plan of operations for a mineral project
approved by the Bureau of Land Management or the Forest
Service; or
``(C) Any other federal permit or authorization for
a mineral project.
``(4) Mineral project.--The term `mineral project' means a
project--
``(A) located on--
``(i) a mining claim, millsite claim, or
tunnel site claim for any mineral;
``(ii) lands open to mineral entry; or
``(iii) a Federal mineral lease; and
``(B) for the purposes of exploring for or
producing minerals.'';
(3) in subsection (b), by striking ``critical'' each place
such term appears;
(4) in subsection (c)--
(A) by striking ``critical mineral production on
Federal land'' and inserting ``mineral projects'';
(B) by inserting ``, and in accordance with
subsection (h)'' after ``to the maximum extent
practicable'';
(C) by striking ``shall complete the'' and
inserting ``shall complete such'';
(D) in paragraph (1), by striking ``critical
mineral-related activities on Federal land'' and
inserting ``mineral projects'';
(E) in paragraph (8), by striking the ``and'' at
the end;
(F) in paragraph (9), by striking ``procedures.''
and inserting ``procedures; and''; and
(G) by adding at the end the following:
``(10) deferring to and relying on baseline data, analyses,
and reviews performed by State agencies with jurisdiction over
the environmental or reclamation permits for the proposed
mineral project.'';
(5) in subsection (d)--
(A) by striking ``critical'' each place such term
appears; and
(B) in paragraph (3), by striking ``mineral-related
activities on Federal land'' and inserting ``mineral
projects'';
(6) in subsection (e), by striking ``critical'';
(7) in subsection (f), by striking ``critical'' each place
such term appears;
(8) in subsection (g), by striking ``critical'' each place
such term appears; and
(9) by adding at the end the following:
``(h) Other Requirements.--
``(1) Memorandum of agreement.--For purposes of maximizing
efficiency and effectiveness of the Federal permitting and
review processes described under subsection (c), the lead
agency in the Federal permitting and review processes of a
mineral project shall (in consultation with any other Federal
agency involved in such Federal permitting and review
processes, and upon request of the project applicant, an
affected State government, local government, or an Indian
Tribe, or other entity such lead agency determines appropriate)
enter into a memorandum of agreement with a project applicant
where requested by the applicant to carry out the activities
described in subsection (c).
``(2) Timelines and schedules for nepa reviews.--
``(A) Extension.--A project applicant may enter
into 1 or more agreements with a lead agency to extend
the deadlines described in subparagraphs (A) and (B) of
subsection (h)(1) of section 107 of title I of the
National Environmental Policy Act of 1969 by, with
respect to each such agreement, not more than 6 months.
``(B) Adjustment of timelines.--At the request of a
project applicant, the lead agency and any other entity
which is a signatory to a memorandum of agreement under
paragraph (1) may, by unanimous agreement, adjust--
``(i) any deadlines described in
subparagraph (A); and
``(ii) any deadlines extended under
subparagraph (B).
``(3) Effect on pending applications.--Upon a written
request by a project applicant, the requirements of this
subsection shall apply to any application for a mineral
exploration or mine permit or mineral lease that was submitted
before the date of the enactment of the TAPP American Resources
Act''.
SEC. 303. FEDERAL REGISTER PROCESS IMPROVEMENT.
Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is
amended--
(1) in paragraph (2), by striking ``critical'' both places
such term appears; and
(2) by striking paragraph (4).
SEC. 304. DESIGNATION OF MINING AS A COVERED SECTOR FOR FEDERAL
PERMITTING IMPROVEMENT PURPOSES.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is
amended by inserting ``mineral production,'' before ``or any other
sector''.
SEC. 305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-11
FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.
(a) In General.--Except as provided by subsection (c), an action
described in subsection (b) shall be--
(1) treated as a covered project, as defined in section
41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard
to the requirements of that section; and
(2) included in the Permitting Dashboard maintained
pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
2(b)).
(b) Actions Described.--An action described in this subsection is
an action taken by the Secretary of Defense pursuant to Presidential
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions
under section 303 of the Defense Production Act of 1950) or the
Presidential Memorandum of February 27, 2023, titled ``Presidential
Waiver of Statutory Requirements Pursuant to Section 303 of the Defense
Production Act of 1950, as amended, on Department of Defense Supply
Chains Resilience'' (88 Fed. Reg. 13015) to create, maintain, protect,
expand, or restore sustainable and responsible domestic production
capabilities through--
(1) supporting feasibility studies for mature mining,
beneficiation, and value-added processing projects;
(2) byproduct and co-product production at existing mining,
mine waste reclamation, and other industrial facilities;
(3) modernization of mining, beneficiation, and value-added
processing to increase productivity, environmental
sustainability, and workforce safety; or
(4) any other activity authorized under section 303(a)(1)
of the Defense Production Act of 1950 (50 U.S.C. 4533(a)(1)).
(c) Exception.--An action described in subsection (b) may not be
treated as a covered project or be included in the Permitting Dashboard
under subsection (a) if the project sponsor (as defined in section
41001(18) of the FAST Act (42 U.S.C. 21 4370m(18))) requests that the
action not be treated as a covered project.
SEC. 306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES WITH LIMITED
SURFACE DISTURBANCE.
(a) In General.--Not later than 15 days before commencing an
exploration activity with a surface disturbance of not more than 5
acres of public lands, the operator of such exploration activity shall
submit to the Secretary concerned a complete notice of such exploration
activity.
(b) Inclusions.--Notice submitted under subsection (a) shall
include such information the Secretary concerned may require, including
the information described in section 3809.301 of title 43, Code of
Federal Regulations (or any successor regulation).
(c) Review.--Not later than 15 days after the Secretary concerned
receives notice submitted under subsection (a), the Secretary concerned
shall--
(1) review and determine completeness of the notice; and
(2) allow exploration activities to proceed if--
(A) the surface disturbance of such exploration
activities on such public lands will not exceed 5
acres;
(B) the Secretary concerned determines that the
notice is complete; and
(C) the operator provides financial assurance that
the Secretary concerned determines is adequate.
(d) Definitions.--In this section:
(1) Exploration activity.--The term ``exploration
activity''--
(A) means creating surface disturbance greater than
casual use that includes sampling, drilling, or
developing surface or underground workings to evaluate
the type, extent, quantity, or quality of mineral
values present;
(B) includes constructing drill roads and drill
pads, drilling, trenching, excavating test pits, and
conducting geotechnical tests and geophysical surveys;
and
(C) does not include activities where material is
extracted for commercial use or sale.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to lands administered by the
Secretary of the Interior, the Secretary of the
Interior; and
(B) with respect to National Forest System lands,
the Secretary of Agriculture.
SEC. 307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30
U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) Claimant rights.--
``(A) Definition of operations.--In this paragraph,
the term `operations' means--
``(i) with respect to a locatable mineral,
any activity or work carried out in connection
with--
``(I) prospecting;
``(II) exploration;
``(III) discovery and assessment;
``(IV) development;
``(V) extraction; or
``(VI) processing;
``(ii) the reclamation of an area disturbed
by an activity described in clause (i); and
``(iii) any activity reasonably incident to
an activity described in clause (i) or (ii),
regardless of whether that incidental activity
is carried out on a mining claim, including the
construction and maintenance of any road,
transmission line, pipeline, or any other
necessary infrastructure or means of access on
public land for a support facility.
``(B) Rights to use, occupation, and operations.--A
claimant shall have the right to use and occupy to
conduct operations on public land, with or without the
discovery of a valuable mineral deposit, if--
``(i) the claimant makes a timely payment
of--
``(I) the location fee required by
section 10102; and
``(II) the claim maintenance fee
required by subsection (a); or
``(ii) in the case of a claimant who
qualifies for a waiver of the claim maintenance
fee under subsection (d)--
``(I) the claimant makes a timely
payment of the location fee required by
section 10102; and
``(II) the claimant complies with
the required assessment work under the
general mining laws.
``(2) Fulfillment of federal land policy and management act
of 1976.--A claimant that fulfills the requirements of this
section and section 10102 shall be deemed to satisfy any
requirements under the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.) for the payment of fair market
value to the United States for the use of public land and
resources pursuant to the general mining laws.
``(3) Savings clause.--Nothing in this subsection--
``(A) diminishes any right (including a right of
entry, use, or occupancy) of a claimant;
``(B) creates or increases any right (including a
right of exploration, entry, use, or occupancy) of a
claimant on lands that are not open to location under
the general mining laws;
``(C) modifies any provision of law or any prior
administrative action withdrawing lands from location
or entry;
``(D) limits the right of the Federal Government to
regulate mining and mining-related activities
(including requiring claim validity examinations to
establish the discovery of a valuable mineral deposit)
in areas withdrawn from mining (including under--
``(i) the general mining laws;
``(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.);
``(iii) the Wilderness Act (16 U.S.C. 1131
et seq.);
``(iv) sections 100731 through 100737 of
title 54, United States Code (commonly referred
to as the `Mining in the Parks Act');
``(v) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
``(vi) division A of subtitle III of title
54, United States Code (commonly referred to as
the `National Historic Preservation Act'); or
``(E) restores any right (including a right of
entry, use, or occupancy, or right to conduct
operations) of a claimant that existed prior to the
date that the lands were closed to or withdrawn from
location under the general mining laws and that has
been extinguished by such closure or withdrawal.''.
SEC. 308. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.
(a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act of 2020
(30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
``(i) oil, oil shale, coal, or natural
gas;''.
(b) Update.--Not later than 60 days after the date of the enactment
of this section, the Secretary, acting through the Director of the
United States Geological Survey, shall publish in the Federal Register
an update to the final list established in section 7002(c)(3) of the
Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection
(a) of this section.
Subtitle D--Federal Land Use Planning
SEC. 401. FEDERAL LAND USE PLANNING AND WITHDRAWALS.
(a) Resource Assessments Required.--Federal lands and waters may
not be withdrawn from entry under the mining laws or operation of the
mineral leasing and mineral materials laws unless--
(1) a quantitative and qualitative geophysical and
geological mineral resource assessment of the impacted area has
been completed during the 10-year period ending on the date of
such withdrawal;
(2) the Secretary, in consultation with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, conducts an assessment of the economic, energy,
strategic, and national security value of mineral deposits
identified in such mineral resource assessment;
(3) the Secretary conducts an assessment of the reduction
in future Federal revenues to the Treasury, States, the Land
and Water Conservation Fund, the Historic Preservation Fund,
and the National Parks and Public Land Legacy Restoration Fund
resulting from the proposed mineral withdrawal;
(4) the Secretary, in consultation with the Secretary of
Defense, conducts an assessment of military readiness and
training activities in the proposed withdrawal area; and
(5) the Secretary submits a report to the Committees on
Natural Resources, Agriculture, Energy and Commerce, and
Foreign Affairs of the House of Representatives and the
Committees on Energy and Natural Resources, Agriculture, and
Foreign Affairs of the Senate, that includes the results of the
assessments completed pursuant to this subsection.
(b) Land Use Plans.--Before a resource management plan under the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
or a forest management plan under the National Forest Management Act is
updated or completed, the Secretary or Secretary of Agriculture, as
applicable, in consultation with the Director of the United States
Geological Survey, shall--
(1) review any quantitative and qualitative mineral
resource assessment that was completed or updated during the
10-year period ending on the date that the applicable land
management agency publishes a notice to prepare, revise, or
amend a land use plan by the Director of the United States
Geological Survey for the geographic area affected by the
applicable management plan;
(2) the Secretary, in consultation with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, conducts an assessment of the economic, energy,
strategic, and national security value of mineral deposits
identified in such mineral resource assessment; and
(3) submit a report to the Committees on Natural Resources,
Agriculture, Energy and Commerce, and Foreign Affairs of the
House of Representatives and the Committees on Energy and
Natural Resources, Agriculture, and Foreign Affairs of the
Senate, that includes the results of the assessment completed
pursuant to this subsection.
(c) New Information.--The Secretary shall provide recommendations
to the President on appropriate measures to reduce unnecessary impacts
that a withdrawal of Federal lands or waters from entry under the
mining laws or operation of the mineral leasing and mineral materials
laws may have on mineral exploration, development, and other mineral
activities (including authorizing exploration and development of such
mineral deposits) not later than 180 days after the Secretary has
notice that a resource assessment completed by the Director of the
United States Geological Survey, in coordination with the State
geological surveys, determines that a previously undiscovered mineral
deposit may be present in an area that has been withdrawn from entry
under the mining laws or operation of the mineral leasing and mineral
materials laws pursuant to--
(1) section 204 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1714); or
(2) chapter 3203 of title 54, United States Code.
SEC. 402. PROHIBITIONS ON DELAY OF MINERAL DEVELOPMENT OF CERTAIN
FEDERAL LAND.
(a) Prohibitions.--Notwithstanding any other provision of law, the
President shall not carry out any action that would pause, restrict, or
delay the process for or issuance of any of the following on Federal
land, unless such lands are withdrawn from disposition under the
mineral leasing laws, including by administrative withdrawal:
(1) New oil and gas lease sales, oil and gas leases, drill
permits, or associated approvals or authorizations of any kind
associated with oil and gas leases.
(2) New coal leases (including leases by application in
process, renewals, modifications, or expansions of existing
leases), permits, approvals, or authorizations.
(3) New leases, claims, permits, approvals, or
authorizations for development or exploration of minerals.
(b) Prohibition on Rescission of Leases, Permits, or Claims.--The
President, the Secretary, or Secretary of Agriculture as applicable,
may not rescind any existing lease, permit, or claim for the extraction
and production of any mineral under the mining laws or mineral leasing
and mineral materials laws on National Forest System land or land under
the jurisdiction of the Bureau of Land Management, unless specifically
authorized by Federal statute, or upon the lessee, permittee, or
claimant's failure to comply with any of the provisions of the
applicable lease, permit, or claim.
(c) Mineral Defined.--In subsection (a)(3), the term ``mineral''
means any mineral of a kind that is locatable (including such minerals
located on ``lands acquired by the United States'', as such term is
defined in section 2 of the Mineral Leasing Act for Acquired Lands)
under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).
SEC. 403. DEFINITIONS.
In this subtitle:
(1) Federal land.--The term ``Federal land'' means--
(A) National Forest System land;
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702));
(C) the outer Continental Shelf (as defined in
section 2 of the Outer Continental Shelf Lands Act (43
U.S.C. 1331)); and
(D) land managed by the Secretary of Energy.
(2) President.--The term ``President'' means--
(A) the President; and
(B) any designee of the President, including--
(i) the Secretary of Agriculture;
(ii) the Secretary of Commerce;
(iii) the Secretary of Energy; and
(iv) the Secretary of the Interior.
(3) Previously undiscovered deposit.--The term ``previously
undiscovered mineral deposit'' means--
(A) a mineral deposit that has been previously
evaluated by the United States Geological Survey and
found to be of low mineral potential, but upon
subsequent evaluation is determined by the United
States Geological Survey to have significant mineral
potential; or
(B) a mineral deposit that has not previously been
evaluated by the United States Geological Survey.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
Subtitle E--Ensuring Competitiveness on Federal Lands
SEC. 501. INCENTIVIZING DOMESTIC PRODUCTION.
(a) Offshore Oil and Gas Royalty Rate.--Section 8(a)(1) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) is amended--
(1) in subparagraph (A), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' each place it appears and inserting ``not less
than 12.5 percent'';
(2) in subparagraph (C), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' each place it appears and inserting ``not less
than 12.5 percent'';
(3) in subparagraph (F), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent''; and
(4) in subparagraph (H), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent''.
(b) Mineral Leasing Act.--
(1) Onshore oil and gas royalty rates.--
(A) Lease of oil and gas land.--Section 17 of the
Mineral Leasing Act (30 U.S.C. 226) is amended--
(i) in subsection (b)(1)(A)--
(I) by striking ``not less than
16\2/3\'' and inserting ``not less than
12.5''; and
(II) by striking ``or, in the case
of a lease issued during the 10-year
period beginning on the date of
enactment of the Act titled `An Act to
provide for reconciliation pursuant to
title II of S. Con. Res. 14', 16\2/3\
percent in amount or value of the
production removed or sold from the
lease''; and
(ii) by striking ``16\2/3\ percent'' each
place it appears and inserting ``12.5
percent''.
(B) Conditions for reinstatement.--Section 31(e)(3)
of the Mineral Leasing Act (30 U.S.C. 188(e)(3)) is
amended by striking ``20'' inserting ``16\2/3\''.
(2) Oil and gas minimum bid.--Section 17(b) of the Mineral
Leasing Act (30 U.S.C. 226(b)) is amended--
(A) in paragraph (1)(B), by striking ``$10 per acre
during the 10-year period beginning on the date of
enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res.
14'.'' and inserting ``$2 per acre for a period of 2
years from the date of the enactment of the Federal
Onshore Oil and Gas Leasing Reform Act of 1987.''; and
(B) in paragraph (2)(C), by striking ``$10 per
acre'' and inserting ``$2 per acre''.
(3) Fossil fuel rental rates.--Section 17(d) of the Mineral
Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:
``(d) All leases issued under this section, as amended by the
Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be
conditioned upon payment by the lessee of a rental of not less than
$1.50 per acre per year for the first through fifth years of the lease
and not less than $2 per acre per year for each year thereafter. A
minimum royalty in lieu of rental of not less than the rental which
otherwise would be required for that lease year shall be payable at the
expiration of each lease year beginning on or after a discovery of oil
or gas in paying quantities on the lands leased.''.
(4) Expression of interest fee.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is further amended by repealing
subsection (q).
(5) Elimination of noncompetitive leasing.--Section 17 of
the Mineral Leasing Act (30 U.S.C. 226) is further amended--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(I) in the first sentence, by
striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
and
(II) by adding at the end ``Lands
for which no bids are received or for
which the highest bid is less than the
national minimum acceptable bid shall
be offered promptly within 30 days for
leasing under subsection (c) of this
section and shall remain available for
leasing for a period of 2 years after
the competitive lease sale.''; and
(ii) by adding at the end the following:
``(3)(A) If the United States held a vested future interest
in a mineral estate that, immediately prior to becoming a
vested present interest, was subject to a lease under which oil
or gas was being produced, or had a well capable of producing,
in paying quantities at an annual average production volume per
well per day of either not more than 15 barrels per day of oil
or condensate, or not more than 60,000 cubic feet of gas, the
holder of the lease may elect to continue the lease as a
noncompetitive lease under subsection (c)(1).
``(B) An election under this paragraph is effective--
``(i) in the case of an interest which vested after
January 1, 1990, and on or before October 24, 1992, if
the election is made before the date that is 1 year
after October 24, 1992;
``(ii) in the case of an interest which vests
within 1 year after October 24, 1992, if the election
is made before the date that is 2 years after October
24, 1992; and
``(iii) in any case other than those described in
clause (i) or (ii), if the election is made prior to
the interest becoming a vested present interest.''; and
(B) by striking subsection (c) and inserting the
following:
``(c) Lands Subject to Leasing Under Subsection (b); First
Qualified Applicant.--
``(1) If the lands to be leased are not leased under
subsection (b)(1) of this section or are not subject to
competitive leasing under subsection (b)(2) of this section,
the person first making application for the lease who is
qualified to hold a lease under this chapter shall be entitled
to a lease of such lands without competitive bidding, upon
payment of a non-refundable application fee of at least $75. A
lease under this subsection shall be conditioned upon the
payment of a royalty at a rate of 12.5 percent in amount or
value of the production removed or sold from the lease. Leases
shall be issued within 60 days of the date on which the
Secretary identifies the first responsible qualified applicant.
``(2)(A) Lands--
``(i) which were posted for sale under subsection
(b)(1) of this section but for which no bids were
received or for which the highest bid was less than the
national minimum acceptable bid; and
``(ii) for which, at the end of the period referred
to in subsection (b)(1) of this section no lease has
been issued and no lease application is pending under
paragraph (1) of this subsection, shall again be
available for leasing only in accordance with
subsection (b)(1) of this section.
``(B) The land in any lease which is issued under paragraph
(1) of this subsection or under subsection (b)(1) of this
section which lease terminates, expires, is cancelled or is
relinquished shall again be available for leasing only in
accordance with subsection (b)(1) of this section.''; and
(C) by striking subsection (e) and inserting the
following:
``(e) Primary Term.--Competitive and noncompetitive leases issued
under this section shall be for a primary term of 10 years: Provided,
however, That competitive leases issued in special tar sand areas shall
also be for a primary term of 10 years. Each such lease shall continue
so long after its primary term as oil or gas is produced in paying
quantities. Any lease issued under this section for land on which, or
for which under an approved cooperative or unit plan of development or
operation, actual drilling operations were commenced prior to the end
of its primary term and are being diligently prosecuted at that time
shall be extended for two years and so long thereafter as oil or gas is
produced in paying quantities.''.
(6) Conforming amendments.--Section 31 of the Mineral
Leasing Act (30 U.S.C. 188) is amended--
(A) in subsection (d)(1), by striking ``section
17(b)'' and inserting ``subsection (b) or (c) of
section 17 of this Act'';
(B) in subsection (e)--
(i) in paragraph (2)--
(I) insert ``either'' after
``rentals and''; and
(II) insert ``or the inclusion in a
reinstated lease issued pursuant to the
provisions of section 17(c) of this Act
of a requirement that future rentals
shall be at a rate not less than $5 per
acre per year, all'' before ``as
determined by the Secretary''; and
(ii) by amending paragraph (3) to read as
follows:
``(3)(A) payment of back royalties and the inclusion in a
reinstated lease issued pursuant to the provisions of section
17(b) of this Act of a requirement for future royalties at a
rate of not less than 16\2/3\ percent computed on a sliding
scale based upon the average production per well per day, at a
rate which shall be not less than 4 percentage points greater
than the competitive royalty schedule then in force and used
for royalty determination for competitive leases issued
pursuant to such section as determined by the Secretary:
Provided, That royalty on such reinstated lease shall be paid
on all production removed or sold from such lease subsequent to
the termination of the original lease; and
``(B) payment of back royalties and inclusion in a
reinstated lease issued pursuant to the provisions of section
17(c) of this Act of a requirement for future royalties at a
rate not less than 16\2/3\ percent: Provided, That royalty on
such reinstated lease shall be paid on all production removed
or sold from such lease subsequent to the cancellation or
termination of the original lease; and'';
(C) in subsection (f)--
(i) in paragraph (1), strike ``in the same
manner as the original lease issued pursuant to
section 17'' and insert ``as a competitive or a
noncompetitive oil and gas lease in the same
manner as the original lease issued pursuant to
subsection (b) or (c) of section 17 of this
Act'';
(ii) by redesignating paragraphs (2) and
(3) as paragraph (3) and (4), respectively; and
(iii) by inserting after paragraph (1) the
following:
``(2) Except as otherwise provided in this section, the
issuance of a lease in lieu of an abandoned patented oil placer
mining claim shall be treated as a noncompetitive oil and gas
lease issued pursuant to section 17(c) of this Act.'';
(D) in subsection (g), by striking ``subsection
(d)'' and inserting ``subsections (d) and (f)'';
(E) by amending subsection (h) to read as follows:
``(h) Royalty Reductions.--
``(1) In acting on a petition to issue a noncompetitive oil
and gas lease, under subsection (f) of this section or in
response to a request filed after issuance of such a lease, or
both, the Secretary is authorized to reduce the royalty on such
lease if in his judgment it is equitable to do so or the
circumstances warrant such relief due to uneconomic or other
circumstances which could cause undue hardship or premature
termination of production.
``(2) In acting on a petition for reinstatement pursuant to
subsection (d) of this section or in response to a request
filed after reinstatement, or both, the Secretary is authorized
to reduce the royalty in that reinstated lease on the entire
leasehold or any tract or portion thereof segregated for
royalty purposes if, in his judgment, there are uneconomic or
other circumstances which could cause undue hardship or
premature termination of production; or because of any written
action of the United States, its agents or employees, which
preceded, and was a major consideration in, the lessee's
expenditure of funds to develop the property under the lease
after the rent had become due and had not been paid; or if in
the judgment of the Secretary it is equitable to do so for any
reason.'';
(F) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively; and
(G) by inserting after subsection (e) the
following:
``(f) Issuance of Noncompetitive Oil and Gas Lease; Conditions.--
Where an unpatented oil placer mining claim validly located prior to
February 24, 1920, which has been or is currently producing or is
capable of producing oil or gas, has been or is hereafter deemed
conclusively abandoned for failure to file timely the required
instruments or copies of instruments required by section 1744 of title
43, and it is shown to the satisfaction of the Secretary that such
failure was inadvertent, justifiable, or not due to lack of reasonable
diligence on the part of the owner, the Secretary may issue, for the
lands covered by the abandoned unpatented oil placer mining claim, a
noncompetitive oil and gas lease, consistent with the provisions of
section 17(e) of this Act, to be effective from the statutory date the
claim was deemed conclusively abandoned. Issuance of such a lease shall
be conditioned upon:
``(1) a petition for issuance of a noncompetitive oil and
gas lease, together with the required rental and royalty,
including back rental and royalty accruing from the statutory
date of abandonment of the oil placer mining claim, being filed
with the Secretary--
``(A) with respect to any claim deemed conclusively
abandoned on or before January 12, 1983, on or before
the one hundred and twentieth day after January 12,
1983; or
``(B) with respect to any claim deemed conclusively
abandoned after January 12, 1983, on or before the one
hundred and twentieth day after final notification by
the Secretary or a court of competent jurisdiction of
the determination of the abandonment of the oil placer
mining claim;
``(2) a valid lease not having been issued affecting any of
the lands covered by the abandoned oil placer mining claim
prior to the filing of such petition: Provided, however, That
after the filing of a petition for issuance of a lease under
this subsection, the Secretary shall not issue any new lease
affecting any of the lands covered by such abandoned oil placer
mining claim for a reasonable period, as determined in
accordance with regulations issued by him;
``(3) a requirement in the lease for payment of rental,
including back rentals accruing from the statutory date of
abandonment of the oil placer mining claim, of not less than $5
per acre per year;
``(4) a requirement in the lease for payment of royalty on
production removed or sold from the oil placer mining claim,
including all royalty on production made subsequent to the
statutory date the claim was deemed conclusively abandoned, of
not less than 12\1/2\ percent; and
``(5) compliance with the notice and reimbursement of costs
provisions of paragraph (4) of subsection (e) but addressed to
the petition covering the conversion of an abandoned unpatented
oil placer mining claim to a noncompetitive oil and gas
lease.''.
Subtitle F--Energy Revenue Sharing
SEC. 601. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.
(a) Distribution of Outer Continental Shelf Revenue to Gulf
Producing States.--Section 105 of the Gulf of Mexico Energy Security
Act of 2006 (43 U.S.C. 1331 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``50'' and
inserting ``37.5''; and
(B) in paragraph (2)--
(i) by striking ``50'' and inserting
``62.5'';
(ii) in subparagraph (A), by striking
``75'' and inserting ``80''; and
(iii) in subparagraph (B), by striking
``25'' and inserting ``20''; and
(2) by striking subsection (f) and inserting the following:
``(f) Treatment of Amounts.--Amounts disbursed to a Gulf producing
State under this section shall be treated as revenue sharing and not as
a Federal award or grant for the purposes of part 200 of title 2, Code
of Federal Regulations.''.
(b) Exemption of Certain Payments From Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Payments to
Social Security Trust Funds (28-0404-0-1-651).'' the following:
``Payments to States pursuant to section 105(a)(2)(A) of the Gulf
of Mexico Energy Security Act of 2006 (Public Law 109-432; 43 U.S.C.
1331 note) (014-5535-0-2-302).''.
(2) Applicability.--The amendment made by this subsection
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
SEC. 602. PARITY IN OFFSHORE WIND REVENUE SHARING.
(a) Payments and Revenues.--Section 8(p)(2) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended--
(1) in subparagraph (A), by striking ``(A) The Secretary''
and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary'';
(2) in subparagraph (B), by striking ``(B) The Secretary''
and inserting the following:
``(B) Disposition of revenues for projects located
within 3 nautical miles seaward of state submerged
land.--The Secretary''; and
(3) by adding at the end the following:
``(C) Disposition of revenues for offshore wind
projects in certain areas.--
``(i) Definitions.--In this subparagraph:
``(I) Covered offshore wind
project.--The term `covered offshore
wind project' means a wind powered
electric generation project in a wind
energy area on the outer Continental
Shelf that is not wholly or partially
located within an area subject to
subparagraph (B).
``(II) Eligible state.--The term
`eligible State' means a State a point
on the coastline of which is located
within 75 miles of the geographic
center of a covered offshore wind
project.
``(III) Qualified outer continental
shelf revenues.--The term `qualified
outer Continental Shelf revenues' means
all royalties, fees, rentals, bonuses,
or other payments from covered offshore
wind projects carried out pursuant to
this subsection on or after the date of
enactment of this subparagraph.
``(ii) Requirement.--
``(I) In general.--The Secretary of
the Treasury shall deposit--
``(aa) 12.5 percent of
qualified outer Continental
Shelf revenues in the general
fund of the Treasury;
``(bb) 37.5 percent of
qualified outer Continental
Shelf revenues in the North
American Wetlands Conservation
Fund; and
``(cc) 50 percent of
qualified outer Continental
Shelf revenues in a special
account in the Treasury from
which the Secretary shall
disburse to each eligible State
an amount determined pursuant
to subclause (II).
``(II) Allocation.--
``(aa) In general.--Subject
to item (bb), for each fiscal
year beginning after the date
of enactment of this
subparagraph, the amount made
available under subclause
(I)(cc) shall be allocated to
each eligible State in amounts
(based on a formula established
by the Secretary by regulation)
that are inversely proportional
to the respective distances
between the point on the
coastline of each eligible
State that is closest to the
geographic center of the
applicable leased tract and the
geographic center of the leased
tract.
``(bb) Minimum
allocation.--The amount
allocated to an eligible State
each fiscal year under item
(aa) shall be at least 10
percent of the amounts made
available under subclause
(I)(cc).
``(cc) Payments to coastal
political subdivisions.--
``(AA) In
general.--The Secretary
shall pay 20 percent of
the allocable share of
each eligible State, as
determined pursuant to
item (aa), to the
coastal political
subdivisions of the
eligible State.
``(BB)
Allocation.--The amount
paid by the Secretary
to coastal political
subdivisions under
subitem (AA) shall be
allocated to each
coastal political
subdivision in
accordance with
subparagraphs (B) and
(C) of section 31(b)(4)
of this Act.
``(iii) Timing.--The amounts required to be
deposited under subclause (I) of clause (ii)
for the applicable fiscal year shall be made
available in accordance with such subclause
during the fiscal year immediately following
the applicable fiscal year.
``(iv) Authorized uses.--
``(I) In general.--Subject to
subclause (II), each eligible State
shall use all amounts received under
clause (ii)(II) in accordance with all
applicable Federal and State laws, only
for 1 or more of the following
purposes:
``(aa) Projects and
activities for the purposes of
coastal protection and
resiliency, including
conservation, coastal
restoration, estuary
management, beach nourishment,
hurricane and flood protection,
and infrastructure directly
affected by coastal wetland
losses.
``(bb) Mitigation of damage
to fish, wildlife, or natural
resources, including through
fisheries science and research.
``(cc) Implementation of a
federally approved marine,
coastal, or comprehensive
conservation management plan.
``(dd) Mitigation of the
impact of outer Continental
Shelf activities through the
funding of onshore
infrastructure projects.
``(ee) Planning assistance
and the administrative costs of
complying with this section.
``(II) Limitation.--Of the amounts
received by an eligible State under
clause (ii)(II), not more than 3
percent shall be used for the purposes
described in subclause (I)(ee).
``(v) Administration.--Subject to clause
(vi)(III), amounts made available under items
(aa) and (cc) of clause (ii)(I) shall--
``(I) be made available, without
further appropriation, in accordance
with this subparagraph;
``(II) remain available until
expended; and
``(III) be in addition to any
amount appropriated under any other
Act.
``(vi) Reporting requirement.--
``(I) In general.--Not later than
180 days after the end of each fiscal
year, the Governor of each eligible
State that receives amounts under
clause (ii)(II) for the applicable
fiscal year shall submit to the
Secretary a report that describes the
use of the amounts by the eligible
State during the period covered by the
report.
``(II) Public availability.--On
receipt of a report submitted under
subclause (I), the Secretary shall make
the report available to the public on
the website of the Department of the
Interior.
``(III) Limitation.--If the
Governor of an eligible State that
receives amounts under clause (ii)(II)
fails to submit the report required
under subclause (I) by the deadline
specified in that subclause, any
amounts that would otherwise be
provided to the eligible State under
clause (ii)(II) for the succeeding
fiscal year shall be deposited in the
Treasury.
``(vii) Treatment of amounts.--Amounts
disbursed to an eligible State under this
subsection shall be treated as revenue sharing
and not as a Federal award or grant for the
purposes of part 200 of title 2, Code of
Federal Regulations.''.
(b) Wind Lease Sales for Areas of the Outer Continental Shelf
Offshore of Territories of the United States.--Section 33 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356c) is amended by adding at
the end the following:
``(b) Wind Lease Sale Procedure.--Any wind lease granted pursuant
to this section shall be considered a wind lease granted under section
8(p), including for purposes of the disposition of revenues pursuant to
subparagraphs (B) and (C) of section 8(p)(2).''.
(c) Exemption of Certain Payments From Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Payments to
Social Security Trust Funds (28-0404-0-1- 651).'' the
following:
``Payments to States pursuant to subparagraph (C)(ii)(I)(cc) of
section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(2)).''.
(2) Applicability.--The amendment made by this subsection
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
SEC. 603. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL LEASING
ACT.
(a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C.
191) is amended--
(1) in subsection (a), in the first sentence, by striking
``and, subject to the provisions of subsection (b),'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in paragraph (3)(B)(ii) of subsection (b) (as so
redesignated), by striking ``subsection (d)'' and inserting
``subsection (c)''; and
(5) in paragraph (3)(A)(ii) of subsection (c) (as so
redesignated), by striking ``subsection (c)(2)(B)'' and
inserting ``subsection (b)(2)(B)''.
(b) Conforming Amendments.--
(1) Section 6(a) of the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 355(a)) is amended--
(A) in the first sentence, by striking ``Subject to
the provisions of section 35(b) of the Mineral Leasing
Act (30 U.S.C. 191(b)), all'' and inserting ``All'';
and
(B) in the second sentence, by striking ``of the
Act of February 25, 1920 (41 Stat. 450; 30 U.S.C.
191),'' and inserting ``of the Mineral Leasing Act (30
U.S.C. 191)''.
(2) Section 20(a) of the Geothermal Steam Act of 1970 (30
U.S.C. 1019(a)) is amended, in the second sentence of the
matter preceding paragraph (1), by striking ``the provisions of
subsection (b) of section 35 of the Mineral Leasing Act (30
U.S.C. 191(b)) and section 5(a)(2) of this Act'' and inserting
``section 5(a)(2)''.
(3) Section 205(f) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
(A) in the first sentence, by striking ``this
Section'' and inserting ``this section''; and
(B) by striking the fourth, fifth, and sixth
sentences.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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 Financial Services, Ways and Means, Rules, the Judiciary, Oversight and Accountability, Energy and Commerce, Intelligence (Permanent Select), Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans' Affairs, 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.