[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5245 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 5245
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 10, 2024
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To amend the State Department Basic Authorities Act of 1956 to require
certain congressional notification prior to entering into, renewing, or
extending a science and technology agreement with the People's Republic
of China, and for other purposes.
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 ``Science and Technology Agreement
Enhanced Congressional Notification Act of 2024''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The signing and implementation of the agreement between
the United States and the People's Republic of China, known as
the ``Agreement between the Government of the United States of
America and the Government of the People's Republic of China on
Cooperation in Science and Technology'', signed in Washington
on January 31, 1979 (``CST Agreement''), and its many
subsequent implementing arrangements, has led to the
development of many science and technology programs.
(2) Section 1207 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (22 U.S.C. 6901 note)
required the Secretary of State to publish biennial reports
detailing how the CST Agreement has benefitted the economy,
military, and industrial base of the People's Republic of
China, a requirement that was repealed by Congress in 2016.
(3) The CST Agreement was last extended in 2018 by the
Trump Administration after amending it to address United States
concerns about the science and technology practices of the
People's Republic of China.
(4) The People's Republic of China has restricted United
States researcher access in China despite its commitments in
the CST Agreement otherwise. This includes reportedly
withholding avian influenza strains vital for United States
vaccine development and cutting off United States access to
coronavirus research in 2019, including United States-funded
work at the Wuhan Institute of Virology.
(b) Sense of Congress.--It is the sense of Congress that--
(1) science and technology cooperation with the People's
Republic of China can be a useful tool of United States foreign
policy and should be pursued when it reinforces and advances
the values and interests of the United States;
(2) no research undertaken as part of a science and
technology agreement should enable the People's Republic of
China's development of dual-use and critical technologies that
threaten United States national security;
(3) a science and technology agreement with the People's
Republic of China should include human rights protections and
projects undertaken as part of it should not directly or
indirectly enable human rights abuses, including the
persecution of Uyghurs in Xinjiang;
(4) a science and technology agreement with the People's
Republic of China should include provisions to safeguard the
safety of United States researchers and their intellectual
property, as well as enhance their research access in China;
and
(5) any renewal, extension, or changes to the CST Agreement
should be made to ensure that United States and Chinese joint
research is safer and remains beneficial for United States
interests.
SEC. 3. ENHANCED CONGRESSIONAL NOTIFICATION REGARDING SCIENCE AND
TECHNOLOGY AGREEMENTS WITH THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Notification Required.--Not later than 15 days before the date
on which a renewal or extension of the CST Agreement, or the entry into
or a renewal or extension of any other science and technology agreement
with the Government of the People's Republic of China or an entity of
the People's Republic of China, enters into effect, the Secretary of
State shall submit to the appropriate congressional committees a
notification containing each of the matters described in subsection
(b).
(b) Matters Described.--The matters described in this subsection
are, with respect to the science and technology agreement for which a
notification is submitted under subsection (a), the following:
(1) The full text of such agreement and any annexes or side
letters.
(2) A detailed justification for such agreement, including
an explanation of the reasons for which entering into,
renewing, or extending such agreement, as applicable, is in the
national interest of the United States.
(3) An assessment of any risks posed by such agreement, and
the checks it includes to prevent the transfer of technology or
intellectual property capable of--
(A) harming the national security interests of the
United States; or
(B) enabling of the People's Republic of China's
military-civil fusion strategy.
(4) An explanation for how the Secretary of State intends
to build in human rights protections for any scientific and
technology collaboration conducted under such agreement.
(5) An assessment of the ways in which the Secretary will
be able to prescribe terms for, and continuously monitor, the
commitments and contracts made by the Government of the
People's Republic of China or entity of the People's Republic
of China under such agreement.
(6) A summary of changes or updates to the agreement that
were secured to strengthen the United States ability to engage
in science cooperation with the People's Republic of China in a
way that is safer, more beneficial for the United States, or
allows for stronger United States oversight over joint
research.
(7) Such other information relating to such agreement as
the Secretary of State may determine appropriate.
(c) Applicability.--
(1) In general.--The notification requirements under
subsection (a) shall apply with respect to any science and
technology agreements entered into, renewed, or extended on or
after the date of the enactment of this Act.
(2) Existing agreements.--For any science and technology
agreement between the United States Government and the People's
Republic of China that is in effect as of the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report that includes
each of the matters described in subsection (b) with respect to
such existing agreement, not later than 90 days after the date
of the enactment of this Act.
SEC. 4. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Secretary of State, in consultation with the heads of other appropriate
Federal departments and agencies, shall submit to Congress a report
on--
(1) the implementation of each science and technology
agreement with the People's Republic of China, including
implementing arrangements, entered into pursuant to the
notification requirements under section 3; and
(2) all activities conducted under each such agreement.
(b) Contents.--Each report required by subsection (a) shall also
include each of the following:
(1) An accounting of all joint projects and initiatives
conducted under the CST Agreement and its implementing
arrangements since the previous report (or, in the case of the
first report, since the CST Agreement was entered into),
including the name of each project, agreement, or implementing
arrangement.
(2) An evaluation of the benefits of the CST Agreement to
the United States economy, scientific leadership, innovation
capacity, and industrial base of the United States.
(3) An estimate of the costs to the United States to
administer the CST Agreement during the period covered by the
report.
(4) An evaluation of the benefits of the CST Agreement to
the economy, to the military, and to the industrial base of the
People's Republic of China.
(5) An assessment of how the CST Agreement has influenced
the foreign and domestic policies and scientific capabilities
of the People's Republic of China.
(6) Any plans of the Secretary of State for improving the
monitoring of the activities and the People's Republic of
China's commitments established under the CST Agreement.
(7) An assessment of any potential risks posed by ongoing
science cooperation with the People's Republic of China.
(c) Form.--Each report required by subsection (a) shall be
submitted in unclassified form and may include a classified annex.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Cst agreement.--The term ``CST Agreement'' means the
agreement between the United States and the People's Republic
of China known as the ``Agreement between the Government of the
United States of America and the Government of the People's
Republic of China on Cooperation in Science and Technology'',
signed in Washington on January 31, 1979, and its protocols, as
well as any sub-agreements entered into pursuant to such
Agreement on or before the date of the enactment of this Act.
(3) Implementing arrangement.--The term ``implementing
arrangement'', with respect to the CST Agreement or any other
science and technology agreement, includes any sub-agreement or
sub-arrangement entered into under the CST Agreement or other
science and technology agreement between--
(A) any Federal governmental entity of the United
States; and
(B) any governmental entity of the People's
Republic of China, including state-owned research
institutions.
(4) Science and technology agreement.--The term ``science
and technology agreement'' means any treaty, memorandum of
understanding, or other contract or agreement between the
United States and 1 or more foreign countries for the purpose
of collaborating on or otherwise engaging in joint activities
relating to scientific research, technological development, or
the sharing of scientific or
technical knowledge or resources between such countries.
Passed the House of Representatives September 9, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.