[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4142 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4142
To counter the military-civil fusion strategy of the Chinese Communist
Party and prevent United States contributions to the development of
dual-use technology in China.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2022
Mr. Rubio (for himself, Mr. Scott of Florida, Mrs. Blackburn, Mr.
Braun, Mr. Sasse, and Mr. Cotton) introduced the following bill; which
was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To counter the military-civil fusion strategy of the Chinese Communist
Party and prevent United States contributions to the development of
dual-use technology in China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing PLA Acquisition of United
States Technology Act of 2022''.
SEC. 2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE
COMMUNIST PARTY.
(a) Definitions.--In this section:
(1) Chinese entity of concern.--The term ``Chinese entity
of concern'' means--
(A) any college or university in the People's
Republic of China that is determined by the Secretary
of Defense to be involved in the implementation of the
military-civil fusion strategy, including--
(i) any college or university known as the
``Seven Sons of National Defense'';
(ii) any college or university that
receives funding from--
(I) the People's Liberation Army;
or
(II) the Equipment Development
Department, or the Science and
Technology Commission, of the Central
Military Commission;
(iii) any college or university in the
People's Republic of China involved in military
training and education, including any such
college or university in partnership with the
People's Liberation Army;
(iv) any college or university in the
People's Republic of China that conducts
military research or hosts dedicated military
initiatives or laboratories, including such a
college or university designated under the
``double first-class university plan'';
(v) any college or university in the
People's Republic of China that is designated
by the State Administration for Science,
Technology, and Industry for the National
Defense to host ``joint construction''
programs;
(vi) any college or university in the
People's Republic of China that has launched a
platform for military-civil fusion or created
national defense laboratories; and
(vii) any college or university in the
People's Republic of China that conducts
research or hosts dedicated initiatives or
laboratories for any other related security
entity beyond the People's Liberation Army,
including the People's Armed Police, the
Ministry of Public Security, and the Ministry
of State Security;
(B) any enterprise for which the majority
shareholder or ultimate parent entity is the Government
of the People's Republic of China at any level of that
government;
(C) any privately owned company in the People's
Republic of China--
(i) that has received a military production
license, such as the Weapons and Equipment
Research and Production Certificate, the
Equipment Manufacturing Unit Qualification, the
Weapons and Equipment Quality Management System
Certificate, or the Weapons and Equipment
Research and Production Unit Classified
Qualification Permit;
(ii) that is otherwise known to have set up
mechanisms for engaging in activity in support
of military initiatives;
(iii) that has a history of subcontracting
for the People's Liberation Army or its
affiliates;
(iv) that is participating in, or receiving
benefits under, a military-civil fusion
demonstration base; or
(v) that has an owner, director, or a
senior management official who has served as a
delegate to the National People's Congress, a
member of the Chinese People's Political
Consultative Conference, or a member of the
Central Committee of the Chinese Communist
Party; and
(D) any entity that--
(i) is identified by the Secretary of
Defense under section 1260H(a) of the William
M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10
U.S.C. 113 note) as a Chinese military company;
and
(ii) is included in the Non-SDN Chinese
Military-Industrial Complex Companies List
published by the Department of the Treasury.
(2) Covered entity.--The term ``covered entity'' means--
(A) any Federal agency that engages in research or
provides funding for research, including the National
Science Foundation and the National Institutes of
Health;
(B) any institution of higher education, or any
other private research institution, that receives any
Federal financial assistance; and
(C) any private company headquartered in the United
States that receives Federal financial assistance.
(3) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given the term in
section 200.1 of title 2, Code of Federal Regulations (or
successor regulations).
(4) Military-civil fusion strategy.--The term ``military-
civil fusion strategy'' means the strategy of the Chinese
Communist Party aiming to mobilize non-military resources and
expertise for military application, including the development
of technology, improvements in logistics, and other uses by the
People's Liberation Army.
(b) Prohibitions.--
(1) In general.--No covered entity may engage with a
Chinese entity of concern in any scientific research or
technical exchange that has a direct bearing on, or the
potential for dual use in, the development of technologies that
the Chinese Communist Party has identified as a priority of its
national strategy of military-civil fusion and that are listed
on the website under subsection (c)(1)(A).
(2) Private partnerships.--No covered entity described in
subsection (a)(2)(C) may form a partnership or joint venture
with another such covered entity for the purpose of engaging in
any scientific research or technical exchange described in
paragraph (1).
(c) Website.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary of
Commerce, shall establish, and periodically update not less
than twice a year, a website that includes--
(A) a list of the specific areas of scientific
research or technical exchange for which the
prohibitions under subsection (b) apply, which shall
initially include some or all aspects of the fields of
quantum computing, photonics and lasers, robotics, big
data analytics, semiconductors, new and advanced
materials, biotechnology (including synthetic biology
and genetic engineering), 5G and all future generations
of telecommunications, advanced nuclear technology
(including nuclear power and energy storage), aerospace
technology, and artificial intelligence; and
(B) to the extent practicable, a list of all
Chinese entities of concern.
(2) List of specific areas.--In developing the list under
paragraph (1)(A), the Secretary of Defense shall monitor and
consider the fields identified by the State Administration for
Science, Technology, and Industry for the National Defense of
the People's Republic of China as defense-relevant and
consider, including the more than 280 fields of study
designated as of the date of enactment of this Act, and any
others designated thereafter, as disciplines with national
defense characteristics that have the potential to support
military-civil fusion.
(3) Resources.--In establishing the website under paragraph
(1), the Secretary of Defense may use as a model any existing
resources, such as the China Defense Universities Tracker
maintained by the Australian Strategic Policy Institute,
subject to any other laws applicable to such resources.
(d) Exception.--The prohibitions under subsection (b) shall not
apply to any collaborative study or research project in fields
involving information that would not contribute substantially to the
goals of the military-civil fusion strategy, as determined by
regulations issued by the Secretary of Defense.
(e) Annual Reporting Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and December 31 of each year thereafter,
each covered entity shall submit to the Secretary of Defense a
report that discloses--
(A) any research relationships the covered entity
has with a Chinese entity of concern or has had during
the previous year;
(B) any research relationships the covered entity
has considered with a Chinese entity of concern during
the previous year and declined; and
(C) any research relationships the covered entity
has terminated with a Chinese entity of concern during
the previous year because the relationship violates
subsection (b) or as a result of related concerns.
(2) Audit.--The Secretary of Defense may enter into a
contract with an independent entity to conduct an audit of any
report submitted under paragraph (1) to ensure compliance with
the requirements of such paragraph.
(f) Enforcement.--
(1) In general.--Notwithstanding any other provision of
law, a covered entity described in subparagraph (B) or (C) of
subsection (a)(2) that violates a prohibition under subsection
(b), or violates subsection (e), on or after the date of
enactment of this Act shall be precluded from receiving any
Federal financial assistance on or after the date of such
violation.
(2) Regulations.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary of
Commerce, shall--
(A) promulgate regulations to enforce the
prohibitions under subsection (b), the auditing
requirements under subsection (e), and the requirement
under paragraph (1); and
(B) coordinate with the heads of other Federal
agencies to ensure the enforcement of such prohibitions
and requirements.
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