[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 367 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 367
To promote economic and commercial opportunities internationally, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2023
Mr. Risch introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To promote economic and commercial opportunities internationally, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Economic and
Commercial Opportunities and Networks Act of 2023'' or the ``ECON
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STRENGTHENING THE DEPARTMENT OF STATE ECONOMIC CORPS
Sec. 101. Duties of Foreign Service economic officers.
Sec. 102. Establishment of new award of excellence for economic
officers.
Sec. 103. Report on chiefs of mission and deputy chiefs of mission by
cone.
Sec. 104. Report on recruitment, retention, and promotion of Foreign
Service economic officers.
Sec. 105. Mandate to revise Department of State metrics for successful
economic and commercial diplomacy.
TITLE II--UPPING AMERICA'S GAME IN THE FIELD
Sec. 201. Chief of Mission economic responsibilities.
Sec. 202. Direction to embassy deal teams.
Sec. 203. Establishment of a ``Deal Team of the Year'' award.
Sec. 204. Economic defense response teams.
TITLE III--COOPERATING WITH ALLIES AND PARTNERS
Sec. 301. Investing in talent in Southeast Asia and the Pacific
Islands.
Sec. 302. Regulatory exchanges with allies and partners.
Sec. 303. Infrastructure Transaction and Assistance Network.
Sec. 304. Digital Connectivity and Cybersecurity Partnership.
TITLE IV--BOOSTING INTERNATIONAL TRADE AND INVESTMENT
Sec. 401. Pilot program to audit barriers to trade in developing
partner countries.
Sec. 402. Promoting adoption of United Nations Convention on Assignment
of Receivables in International Trade.
TITLE V--COMBATING ANTI-COMPETITIVE BEHAVIOR
Sec. 501. Predatory pricing by entities owned, controlled, or directed
by a foreign state.
Sec. 502. Expansion of offense of theft of trade secrets to include
unauthorized development of products and
digital articles.
Sec. 503. Review of petitions related to intellectual property theft
and forced technology transfer.
TITLE I--STRENGTHENING THE DEPARTMENT OF STATE ECONOMIC CORPS
SEC. 101. DUTIES OF FOREIGN SERVICE ECONOMIC OFFICERS.
(a) In General.--Chapter 5 of title I of the Foreign Service Act of
1980 (22 U.S.C. 3981 et seq.) is amended by adding at the end the
following:
``SEC. 506. DUTIES OF ECONOMIC OFFICERS.
``(a) In General.--The Secretary of State shall direct the economic
officers of the Foreign Service--
``(1) to negotiate agreements with foreign governments and
international organizations;
``(2) to inform the Washington, DC, headquarters offices of
Federal agencies with respect to the positions of foreign
governments and international organizations in negotiations;
``(3) to advance and oversee--
``(A) the routine implementation and maintenance of
economic and commercial agreements; and
``(B) other initiatives in the countries to which
such officers are assigned related to improving
economic or commercial relations for the benefit of
United States persons, including businesses;
``(4) to identify, and help design and execute, in
consultation with other Federal agencies, United States
policies, programs, and initiatives, including capacity
building efforts, to advance policies of foreign governments
that improve local economic governance, market-based business
environments, and market access, increase trade and investment
opportunities, or provide a more level playing field for United
States persons, including with respect to--
``(A) improving revenue collection;
``(B) streamlining customs processes and improving
customs transparency and efficiency;
``(C) improving regulatory management;
``(D) improving procurement processes, including
facilitating transparency in tendering, bidding, and
contact negotiation;
``(E) advancing intellectual property protections;
``(F) eliminating anticompetitive subsidies and
improving the transparency of remaining subsidies;
``(G) improving budget management and oversight;
and
``(H) strengthening management of important
economic sectors;
``(5) to prioritize active support of economic and
commercial goals by United States persons abroad, in
conjunction with the United States and Foreign Commercial
Service (established by section 2301 of the Export Enhancement
Act of 1988 (15 U.S.C. 4721)), including by--
``(A) providing United States persons with leads,
information on open tenders, and introductions to
relevant contacts within foreign countries;
``(B) assisting United States persons in their
dealings with foreign governments and enterprises owned
by foreign governments;
``(C) providing United States persons with
information and assistance in using all types of United
States Government support with respect to international
economic matters, including such support provided by
the Department of State, the Department of Commerce,
the Export-Import Bank of the United States, the United
States International Development Finance Corporation,
the Trade and Development Agency, the Department of
Agriculture, and the Department of the Treasury; and
``(D) receiving feedback from United States persons
with respect to support described in subparagraph (C)
and reporting that feedback to the chief of mission and
to the headquarters of the Department of State;
``(6) to consult closely and regularly with the private
sector, as described in section 709 of the Championing American
Business through Diplomacy Act (22 U.S.C. 9905);
``(7) to identify and execute opportunities for the United
States to counter policies, initiatives, or activities by
authoritarian governments or enterprises affiliated with such
governments that are anticompetitive or undermine the
sovereignty or prosperity of the United States or a partner
country;
``(8) to identify and execute opportunities for the United
States in new and emerging areas of trade and investment, such
as digital trade and investment;
``(9) to monitor the development and implementation of
bilateral and multilateral economic agreements and provide
recommendations to the Secretary of State and the heads of
other relevant Federal agencies with respect to United States
actions and initiatives relating to those agreements;
``(10) to maintain complete and accurate records of the
performance measurements of the Department for economic and
commercial diplomacy activities, as directed by the chief of
mission and other senior officials of the Department;
``(11) to report on issues and developments with direct
relevance to United States economic and national security
interests, especially when accurate, reliable, timely, and
cost-effective information is unavailable from non-United
States Government sources; and
``(12) to coordinate all activities as necessary and
appropriate with counterparts in other agencies.
``(b) Regulatory Updates.--The Secretary of State shall update
guidance in the Foreign Affairs Manual and other regulations and
guidance as necessary to implement this section.
``(c) United States Person Defined.--In this section, the term
`United States person' means--
``(1) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
``(2) 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) Clerical Amendment.--The table of contents for the Foreign
Service Act of 1980 is amended by inserting after the item relating to
section 505 the following:
``Sec. 506. Duties of economic officers.''.
SEC. 102. ESTABLISHMENT OF NEW AWARD OF EXCELLENCE FOR ECONOMIC
OFFICERS.
Chapter 6 of the Foreign Service Act of 1980 (22 U.S.C. 4001 et
seq.), is amended by adding at the end the following new section:
``SEC. 615. FOREIGN SERVICE AWARDS FOR OUTSTANDING CONTRIBUTIONS TO
UNITED STATES ECONOMIC AND COMMERCIAL DIPLOMACY.
``(a) Establishment.--The Secretary of State shall establish an
award to recognize outstanding contributions to advancing United States
interests in the areas of economic diplomacy or commercial diplomacy.
The award shall be known as the `Congressional Award for High
Achievement in Economic and Commercial Diplomacy'.
``(b) Award Content.--The recipients of this award shall receive--
``(1) a certificate signed by the Secretary of State;
``(2) a cash award of $15,000; and
``(3) in the case of Foreign Service employees, inclusion
in the next employee evaluation report; or
``(4) in the case of Civil Service employees, inclusion in
the next annual performance evaluation.
``(c) Eligibility.--The following individuals are eligible for an
award under this section:
``(1) Economic officers in the Foreign Service with at
least three years of experience and one overseas posting with
responsibilities for United States economic and commercial
interests; and
``(2) Civil Service employees with at least three years of
experience and with direct responsibility for economic and
commercial matters.
``(d) Number of Awardees.--For each fiscal year, the Secretary of
State shall award--
``(1) no fewer than 3 awards and no more than 5 awards to
members of the Foreign Service; and
``(2) no fewer than 3 award and no more than 5 awards to
Civil Service employees.
``(e) Criteria.--Selection for an award under this section shall be
based on--
``(1) the employee playing a key or decisive role in the
establishment or improvement in an overseas market of free and
fair market practice or practices;
``(2) the employee playing a key or decisive role in
assisting a United States company to achieve a substantial
economic, commercial, or investment goal in an overseas market
or markets;
``(3) the employee playing a key or decisive role in the
expansion of trade or investment ties with another country or
countries;
``(4) the employee playing a key or decisive role in the
advancement of regional economic integration that has tangible
benefits for the United States economy;
``(5) the employee demonstrating excellence in advancing
United States interests and partnerships in the digital
economy;
``(6) the employee demonstrating excellence in advancing
United States interests and partnerships with respect to
infrastructure;
``(7) the employee demonstrating excellence in advancing
United States interests and partnerships with respect to
energy;
``(8) the employee advancing a concrete policy, action, or
initiative that counters authoritarian models of economic
governance or anti-competitive economic behavior that
undermines free markets; or
``(9) any combination of such criteria.
``(f) Restriction.--The Secretary of State shall not provide an
award solely on the basis of an employee demonstrating excellence in
one of the following activities:
``(1) Providing economic reporting through cables and via
other means.
``(2) Writing a Department report or reports on economic
matters.
``(g) Authorization of Appropriations.--For each of fiscal years
2024 through 2031, there is authorized to be appropriated to the
Department of State $150,000 for the purposes of providing cash awards
to recipients of the award established under this section.
``(h) Transmission to Congress.--Not later than the end of the
relevant fiscal year, the Secretary of State shall submit the following
information to the appropriate congressional committees:
``(1) The name of each awardee.
``(2) The current position and Foreign Service or General
Schedule rank of each awardee.
``(3) A description of the basis on which each awardee
received the award.''.
SEC. 103. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF MISSION BY
CONE.
(a) Report.--Not later than April 1, 2024, and annually thereafter
for four years, the Secretary of State shall submit to the appropriate
congressional committees a report that includes--
(1) the Foreign Service cone of each current chief of
mission and deputy chief of mission (or whoever is acting in
the capacity of chief or deputy chief of mission if none is
present) for each United States embassy in which there is a
Foreign Service office filling either of those positions; and
(2) the aggregated global data for chiefs of mission and
deputy chiefs of mission by cone.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 104. REPORT ON RECRUITMENT, RETENTION, AND PROMOTION OF FOREIGN
SERVICE ECONOMIC OFFICERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on the recruitment,
retention, and promotion of economic officers in the Foreign Service.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An overview of the key challenges the Department of
State faces in recruiting individuals to serve as economic
officers in the Foreign Service.
(2) An overview of the key challenges the Department faces
in retaining individuals serving as economic officers in the
Foreign Service, particularly at the level of GS-14 of the
General Schedule and higher.
(3) An overview of the key challenges in recruiting and
retaining qualified individuals to serve in economic positions
in the civil service.
(4) A comparison of promotion rates for economic officers
in the Foreign Service relative to other officers in the
Foreign Service.
(5) An identification by region of hard-to-fill posts and
proposed incentives to improve staffing of economic officers in
the Foreign Service at such posts.
(6) A summary and analysis of the factors that lead to the
promotion of economic officers in the Foreign Service.
(7) A summary and analysis of the factors that lead to the
promotion of individuals serving in economic positions in the
civil service.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 105. MANDATE TO REVISE DEPARTMENT OF STATE METRICS FOR SUCCESSFUL
ECONOMIC AND COMMERCIAL DIPLOMACY.
(a) Mandate To Revise Department of State Performance Measures for
Economic and Commercial Diplomacy.--The Secretary of State, acting
through the Under Secretary for Economic Growth, Energy, and the
Environment, shall conduct a full review and revision of Department of
State performance measures for economic and commercial diplomacy. The
revision shall identify outcome-oriented, and not process-oriented,
performance metrics, including metrics that--
(1) measure how Department of State efforts advanced
specific economic and commercial objectives and led to
successes for the United States or other private sector actors
overseas; and
(2) that focus on customer satisfaction with Department of
State services and assistance.
(b) Plan for Ensuring Complete Data for Performance Measures.--As
part of the review required under subsection (a), the Secretary of
State shall include a plan for ensuring that the Department of State,
both at main headquarters and at domestic and overseas posts, maintains
and fully updates data on performance measures to ensure that
Department of State leadership and the appropriate congressional
committees can evaluate the extent to which the Department is advancing
United States economic and commercial interests abroad through meeting
performance targets.
(c) Report on Private Sector Surveys.--The Secretary of State,
acting through the Under Secretary for Economic Growth, Energy, and the
Environment, shall prepare a report that lists and describes any and
all methods through which the Department of State conducts surveys of
the private sector to measure private sector satisfaction with
assistance and services provided by the Department of State to advance
private sector economic and commercial goals in foreign markets.
(d) Transmission to Congress.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees the revised
performance metrics required under subsection (b) and the
report required under subsection (d).
(2) Briefing.--Not later than 30 days after the report
submissions required under paragraph (1), the Under Secretary
for Economic Growth, Energy, and the Environment shall brief
the appropriate congressional committees.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
TITLE II--UPPING AMERICA'S GAME IN THE FIELD
SEC. 201. CHIEF OF MISSION ECONOMIC RESPONSIBILITIES.
Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is
amended by adding at the end the following new subsection:
``(e) Embassy Economic Team.--
``(1) Coordination and supervision responsibility.--The
chief of mission shall have responsibility for coordinating and
supervising the implementation of all United States economic
policy interests within the host country, among all United
States Government departments and agencies present in that
country.
``(2) Accountability.--The chief of mission shall be held
accountable for the performance of United States missions in
advancing United States economic policy interests within the
host country, including the activities and initiatives of all
United States Government departments and agencies present in
that country.
``(3) Mission economic team.--The chief of mission shall
form an economic team made up of appropriate embassy staff with
responsibility for--
``(A) monitoring notable economic developments in
the host country; and
``(B) developing plans and strategies for advancing
United States economic and commercial interests in the
host country including--
``(i) tracking legislative, regulatory,
judicial, and policy developments that could
affect United States economic interests;
``(ii) advocating for best practices with
respect to policy and regulatory developments;
``(iii) conducting a regular analysis of
market systems, trends, prospects, and
opportunities for value-addition, including
risk assessments and constraints analyses of
key sectors and of United States strategic
competitiveness, and other reporting on
commercial opportunities and investment
climate; and
``(iv) providing recommendations for
responding to such developments that may
adversely affect United States economic and
commercial interests.''.
SEC. 202. DIRECTION TO EMBASSY DEAL TEAMS.
(a) Purposes.--The purposes of deal teams at United States
embassies and consulates are--
(1) to promote a private sector-led approach to advance
economic growth and job creation, tailored as appropriate to
specific economic sectors and while advancing strategic
partnerships;
(2) to prioritize efforts to identify commercial
opportunities, advocate for improvements in the business and
investment climate, engage and consult with private sector
partners, and report on such activities, in compliance with the
applicable requirements of the Championing American Business
Through Diplomacy Act of 2019 (title VII of division J of
Public Law 116-94; 22 U.S.C. 9901 et seq.);
(3) to identify trade and investment opportunities for
United States companies in foreign markets, or assist with
existing trade and investment opportunities already identified
by United States companies, and deploy United States Government
economic and other tools to help such United States companies
to secure their objectives;
(4) to identify and facilitate opportunities for entities
in a host country to increase exports to or investment in the
United States in order to grow two-way trade and investment;
(5) to modernize, streamline, and improve access to
resources and services designed to promote increased trade and
investment opportunities;
(6) to identify and secure United States or allied
government support, including through the Strategic
Infrastructure Fund authorized under section 303(c), of
strategic projects, including projects vulnerable to predatory
investment by an authoritarian country or entity in such
country, where support or investment serves an important United
States interest;
(7) to coordinate across the Unites States Government to
ensure the appropriate and most effective use of United States
Government tools to support United States economic and
commercial objectives; and
(8) to coordinate with the Central Deal Team located in the
United States on all these and other relevant matters.
(b) Clarification.--A deal team may, but does not have to, consist
of the same personnel as a mission economic team formed pursuant to
subsection (e)(3) of section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927), as added by section 201 of this Act.
(c) Restrictions.--Deal teams may not provide support for, or
assist a United States person with a transaction with, a government, or
an entity owned or controlled by a government, if the Secretary of
State has determined that the government--
(1) has repeatedly provided support for acts of
international terrorism for purposes of--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (subtitle B of title XVII of Public
Law 115-232);
(B) section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)); or
(D) any other relevant provision of law; or
(2) has engaged in a consistent pattern of gross violations
of internationally recognized human rights for purposes of
section 116(a) or 502B(a)(2) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant
provision of law.
(d) Further Restrictions.--
(1) Prohibition on support of sanctioned persons.--Deal
teams may not carry out activities prohibited under United
States sanctions laws or regulations, including dealings with
persons on the list of specially designated persons and blocked
persons maintained by the Office of Foreign Assets Control of
the Department of the Treasury, except to the extent otherwise
authorized by the Secretary of the Treasury or the Secretary of
State.
(2) Prohibition on support of activities subject to
sanctions.--Any person receiving support from a deal team must
be in compliance with all United States sanctions laws and
regulations as a condition for receiving such assistance.
(e) Chief of Mission Authority and Accountability.--The chief of
mission is the designated leader of a deal team in a given partner
country, and shall be held accountable for the performance and
effectiveness of United States deal teams in that country.
(f) Annual Guidance Cable.--Not later than January 31 each year,
the Secretary of State shall send an All Diplomatic and Consular Posts
(ALDAC) guidance cable on the role of deal teams that includes relevant
and up-to-date information to enhance the effectiveness of deal teams
in-country.
(g) Additional Guidance Cables.--The requirement of an annual ALDAC
shall not be construed to preclude the Secretary of State from sending
other communications to overseas posts regarding deal teams.
(h) Certification.--Not later than February 10 of each year, the
Secretary of State shall certify to Congress that the cable required
under subsection (f) was transmitted as an All Diplomatic and Consular
Posts (ALDAC) cable, and shall provide a brief summary of the cable,
including any major updates or changes compared with the prior annual
guidance cable.
(i) Report.--Concurrently with the certification required under
subsection (h), the Secretary of State shall submit an unclassified
report to the appropriate congressional committees on the activities,
achievements, and failures of deal teams, which shall include--
(1) a description of the nature and extent of coordination
among relevant Federal departments and agencies;
(2) the dollar value of deals successfully completed by
deal teams, disaggregated by country;
(3) the number of United States companies assisted by deal
teams who achieved their objectives;
(4) the percentage of United States companies assisted by
deal teams who achieved their objectives;
(5) a description of any exports to or investment into the
United States by partner countries facilitated by deal teams;
(6) examples of successful investments, deals, or
transactions in the infrastructure, energy, and digital
sectors;
(7) examples where deal team support prevented predatory
financing or other involvement by an authoritarian actor; and
(8) examples of failures of deal teams to achieve stated
objectives, any lessons learned, and how deal teams will
improve based on those lessons learned.
(j) Confidentiality of Information.--
(1) In general.--In preparing the certification and the
report required under this section, the Secretary of State
shall protect from disclosure any proprietary information of a
United States person marked as business confidential
information, unless the person submitting the information--
(A) had notice, at the time of submission, that the
information would be released by; or
(B) subsequently consents to the release of the
information.
(2) Treatment as trade secrets.--Proprietary information
obtained by the United States Government from a United States
person pursuant to the activities of deal teams shall be--
(A) considered to be trade secrets and commercial
or financial information (as those terms are used for
purposes of section 552b(c)(4) of title 5, United
States Code); and
(B) exempt from disclosure without the express
approval of the person.
(k) Sunset.--The requirements under subsections (f) through (h)
shall terminate five years after the date of the enactment of this Act.
SEC. 203. ESTABLISHMENT OF A ``DEAL TEAM OF THE YEAR'' AWARD.
(a) Establishment.--The Secretary of State shall establish a new
award to be awarded to one deal team per region at a United States
mission annually to recognize outstanding achievements in supporting a
United States company or companies pursuing commercial deals abroad or
in identifying new deal prospects for United States companies. The
award shall be known as the ``Deal Team of the Year Award''.
(b) Award Content.--
(1) Department of state.--Each member of a deal team
receiving an award pursuant to this section shall receive a
certificate that is signed by the Secretary of State and--
(A) in the case of a member of the Foreign Service,
is included in the next employee evaluation report; or
(B) in the case of a Civil Service employee, is
included in the next annual performance review.
(2) Other federal agencies.--In the case of a United States
Government employee that is not employed by the Department of
State, the employing agency may determine whether to provide
the employee receiving an award under this section any
recognition or benefits in addition to those provided by the
Department of State.
(c) Eligibility.--Any interagency economics team at a United States
overseas mission under chief of mission authority that assists United
States companies with identifying, navigating, and securing trade and
investment opportunities in a foreign country, or that facilitates
beneficial foreign investment into the United States is eligible for an
award under this section.
(d) Transmission to Congress.--Not later than the end of the
relevant fiscal year, the Secretary of State shall submit the following
information to the appropriate congressional committees:
(1) The mission receiving the ``Deal Team of the Year
Award''.
(2) The names and agencies of each awardee within the deal
team.
(3) A detailed description of the reason the deal team
received the award.
SEC. 204. ECONOMIC DEFENSE RESPONSE TEAMS.
(a) Pilot Program.--Not later than 180 days after the date of the
enactment of this Act, the President, acting through the Secretary of
State, who shall coordinate with other relevant Federal departments and
agencies, shall develop and implement a pilot program for the creation
of deployable economic defense response teams to help provide targeted
assistance and support to a country subjected to an urgent or specific
threat or use of coercive economic practices by an adversary of the
United States. Such assistance and support may include the following
activities:
(1) Reducing the partner country's vulnerability to
coercive economic measures.
(2) Minimizing the damage that such measures by an
adversary could cause to that country.
(3) Identifying sectors most susceptible to coercive
economic behavior and providing suggested tools and strategies
for an action plan.
(4) Implementing any bilateral or multilateral contingency
plans that may exist for responding to the threat or use of
such measures.
(5) In coordination with the partner country, developing or
improving plans and strategies by the country for reducing
vulnerabilities and improving responses to such measures in the
future.
(6) Assisting the partner country in addressing foreign
sovereign investment in infrastructure, the defense-industrial
base, digital sector, or other strategic sectors that may
undermine the partner country's sovereignty or harm United
States national interests.
(7) Assisting the partner country in responding to specific
efforts from an adversary attempting to employ coercive
economic practices that undermine the partner country's
sovereignty, including efforts that undermine cybersecurity or
digital infrastructure of the partner country or initiatives
that introduce digital technologies in a manner that undermines
freedom, security, and sovereignty of the partner country or
its citizens.
(8) Otherwise providing direct and relevant short-to-medium
term economic or other assistance from the United States and
marshalling other resources in support of effective responses
to coercive economic practices.
(b) Institutional Support.--The pilot program required by
subsection (a) should include the following elements:
(1) Identification and designation of relevant personnel or
ongoing lines of effort within the United States Government
with expertise relevant to the objectives specified in
subsection (a), including personnel in--
(A) the Department of State, for overseeing the
economic defense response team's activities, engaging
with the partner country government and other
stakeholders, and other purposes relevant to advancing
the success of the mission of the economic defense
response team;
(B) the United States Agency for International
Development, for the purposes of providing technical
and other assistance, generally;
(C) the Department of the Treasury, for the
purposes of providing advisory support and assistance
on all financial matters and fiscal implications of the
crisis at hand;
(D) the Department of Commerce, for the purposes of
providing economic analysis and assistance in market
development relevant to the partner country's response
to the crisis at hand, technology security as
appropriate, and other matters that may be relevant;
(E) the Department of Energy, for the purposes of
providing advisory services and technical assistance
with respect to energy needs as affected by the crisis
at hand;
(F) the Department of Homeland Security, for the
purposes of providing assistance with respect to
digital and cybersecurity matters, and assisting in the
development of any contingency plans referred to in
paragraphs (3) and (6) of subsection (a) as
appropriate;
(G) the Department of Agriculture, for providing
advisory and other assistance with respect to
responding to coercive practices such as arbitrary
market closures that affect the partner country's
agricultural sector;
(H) the Office of the United States Trade
Representative with respect to providing support and
guidance on trade and investment matters;
(I) the Department of Defense with respect to
providing support or assistance on defense sector,
transportation infrastructure, and national security-
sensitive technologies; and
(J) other Federal departments and agencies as
determined by the President.
(2) Negotiation of memoranda of understanding, where
appropriate, with other United States Government components for
the provision of any relevant participating or detailed non-
Department of State personnel identified under paragraph (1).
(3) Negotiation of contracts, as appropriate, with private
sector representatives or other individuals with relevant
expertise to advance the objectives specified in subsection
(a).
(4) Development within the United States Government of--
(A) appropriate training curricula for relevant
experts identified under paragraph (1) and for United
States diplomatic personnel in a country actually or
potentially threatened by coercive economic practices;
(B) operational procedures and appropriate
protocols for the rapid assembly of such experts into
one or more teams for deployment to a country actually
or potentially threatened by coercive economic
measures; and
(C) procedures for ensuring appropriate support for
such teams, including, as applicable, logistical
assistance, office space, information support, and
communications.
(5) Clear direction to United States diplomatic missions on
the rapid and effective deployment of such teams, if necessary,
and the establishment of appropriate liaison relationships with
local public and private sector officials and entities.
(c) Reports Required.--
(1) Report on establishment.--Upon establishment of the
pilot program required by subsection (a), the Secretary of
State shall provide the appropriate committees of Congress with
a detailed report and briefing describing the pilot program,
the major elements of the program, the personnel and
institutions involved, and the degree to which the program
incorporates the elements described in subsection (a).
(2) Follow-up report.--Not later than one year after the
report required by paragraph (1), the Secretary of State shall
provide the appropriate committees of Congress with a detailed
report and briefing describing the operations over the previous
year of the pilot program established pursuant to subsection
(a), as well as the Secretary's assessment of its performance
and suitability for becoming a permanent program.
(3) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a classified
annex.
(d) Declaration of a Major Economic Threat Required.--
(1) Notification.--The President may activate an economic
defense response team for a period of 180 days under the
authorities of this section to assist a partner country in
responding to an unusual and extraordinary economic coercive
threat by an adversary of the United States upon the
declaration of a coercive economic emergency, together with
notification to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
(2) Extension authority.--The President may activate the
response team for an additional 180 days upon the submission of
a detailed analysis to the committees described in paragraph
(1) justifying why the continued deployment of the economic
defense response team in response to the economic emergency is
in the national interests of the United States.
(e) Sunset.--The authorities provided under this section shall
expire on December 31, 2027.
(f) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 for each of fiscal years 2024 through 2028.
(g) Rule of Construction.--Neither the authority to declare an
economic crisis provided for in subsection (d), nor the declaration of
an economic crisis pursuant to subsection (d), shall confer or be
construed to confer any authority, power, duty, or responsibility to
the President other than the authority to activate an economic defense
response team as described in this section.
(h) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Commerce,
Science, and Transportation, the Committee on Energy and
Natural Resources, the Committee on Agriculture, Nutrition, and
Forestry, the Committee on Armed Services, and the Committee on
Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Energy and Commerce, the
Committee on Agriculture, the Committee on Armed Services, and
the Committee on Ways and Means of the House of
Representatives.
TITLE III--COOPERATING WITH ALLIES AND PARTNERS
SEC. 301. INVESTING IN TALENT IN SOUTHEAST ASIA AND THE PACIFIC
ISLANDS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Pacific islands.--The term ``Pacific Islands'' means
the nations of Federated States of Micronesia, Fiji, Kiribati,
Nauru, Palau, Papua New Guinea, Republic of Marshall Islands,
Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.
(3) Southeast asia.--The term ``Southeast Asia'' means the
nations of Brunei Darussalam, Cambodia, Indonesia, Lao PDR,
Malaysia, Myanmar, the Philippines, Singapore, Thailand,
Vietnam, and Timor-Leste.
(b) Establishment of Center of Excellence.--The Secretary, in
coordination with the heads of relevant Federal departments and
agencies, is authorized to enter into public-private partnerships and
establish a center of excellence located in a Southeast Asian country
to build and enhance the technical capacity of officials, emerging
leaders, and other qualified persons from countries in Southeast Asia
and the Pacific Islands.
(c) Priority Areas for Technical Assistance and Capacity
Building.--The center of excellence established under subsection (b)
will provide technical assistance and capacity building in the
following areas:
(1) Revenue, customs, and income.
(2) Regulatory management.
(3) Procurement processes, including tendering, bidding,
and contract negotiation.
(4) Budget management and oversight.
(5) Management of key economic sectors, including energy,
digital economy, and infrastructure.
(d) Terms and Conditions.--The program authorized under this
section shall--
(1) leverage existing United States foreign assistance
programs and activities in Southeast Asia and the Pacific
Islands, which may include assistance provided under--
(A) future leaders initiatives, such as the Young
Southeast Asia Leaders Initiative and the Young Pacific
Leaders Program;
(B) the American Schools and Hospitals Abroad Act
(22 U.S.C. 2174);
(C) the Millennium Challenge Act of 2003 (22 U.S.C.
7701);
(D) U.S.-Support for Economic Growth in Asia (US-
SEGA); and
(E) other relevant education or scholarship
programs;
(2) be supported by instructors that--
(A)(i) currently serve in relevant areas of the
United States Government with a rank of not less than
12 on the GS scale; or
(ii) possess at least ten years of experience
relevant to the areas of instruction identified in
subsection (c);
(B) meet high professional standards within their
fields; and
(C) are contracted by the center of excellence
established under subsection (b) or are deployed or
detailed directly from a Federal Government agency;
(3) seek to attract participants who--
(A)(i) are currently senior or mid-career officials
in key technical ministries of participating countries
in Southeast Asia or the Pacific Islands;
(ii) have demonstrated leadership potential and
direct responsibility for crafting or implementing
policies relevant to the areas of instruction
identified in subsection (c); and
(iii) commit to return to government service for a
period of not less than five years after completing the
program outlined in this section; or
(B) are currently employed in utilities, publicly
or privately owned companies, or other non-government
entities with direct responsibility for crafting or
implementing policies relevant to the areas of
instruction identified in subsection (c); and
(4) require financial or in-kind contributions from
participating governments, commensurate with the gross domestic
product of the countries.
(e) Authorization To Enter Into Memoranda of Understanding.--To
fulfill the terms and conditions specified by subsection (d), the
Secretary of State is authorized to enter into memoranda of
understanding with participating governments to determine what
financial or in-kind contributions will be made by the United States
and what financial or in-kind contributions will be made by the
participating government.
(f) Specification for Memoranda of Understanding.--The value of
financial or in-kind contributions by the United States and a
particular participating government shall be determined and audited by
an independent entity chosen by mutual agreement of the United States
and such government.
(g) Consultation and Reporting Requirements.--
(1) Consultation.--The Secretary shall consult with the
appropriate congressional committees prior to the obligation of
funds authorized to be appropriated under this Act.
(2) Consultation on expansion outside southeast asia and
the pacific islands.--The Secretary shall consult with the
appropriate congressional committees prior to expanding the
availability of this program to nations outside of Southeast
Asia and the Pacific Islands.
(3) Annual report.--The Secretary shall submit to the
appropriate congressional committees an annual report on the
activities of the program authorized under this subsection
through fiscal year 2026. The report shall include--
(A) a description of all major activities in the
previous year;
(B) a description of the financial and other
contributions of the United States Government;
(C) a description of the contributions made by
governments in Southeast Asia or the Pacific Islands;
(D) an assessment of the program's successes; and
(E) an assessment of any required authorities,
funding, or other alterations to improve the program's
effectiveness.
(h) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for each of fiscal years 2024 through 2028 to
carry out this section.
SEC. 302. REGULATORY EXCHANGES WITH ALLIES AND PARTNERS.
(a) In General.--The Secretary of State, in coordination with the
heads of other participating Federal agencies, shall establish and
develop a program to facilitate and encourage regular dialogues between
United States Government regulatory and technical agencies and their
counterpart organizations in allied and partner countries, both
bilaterally and in relevant multilateral institutions and
organizations--
(1) to promote best practices in regulatory formation and
implementation;
(2) to collaborate to achieve optimal regulatory outcomes
based on scientific, technical, and other relevant principles;
(3) to seek better harmonization and alignment of
regulations and regulatory practices;
(4) to build consensus around industry and technical
standards in emerging sectors that will drive future global
economic growth and commerce; and
(5) to promote United States standards regarding
environmental, labor, and other relevant protections in
regulatory formation and implementation, in keeping with the
values of free and open societies, including the rule of law.
(b) Prioritization of Activities.--In facilitating expert exchanges
under subsection (a), the Secretary shall prioritize--
(1) bilateral coordination and collaboration with countries
where greater regulatory coherence, harmonization of standards,
or communication and dialogue between technical agencies is
achievable and best advances the economic and national security
interests of the United States;
(2) multilateral coordination and collaboration where
greater regulatory coherence, harmonization of standards, or
dialogue on other relevant regulatory matters is achievable and
best advances the economic and national security interests of
the United States, including with--
(A) the European Union;
(B) the Asia-Pacific Economic Cooperation;
(C) the Association of Southeast Asian Nations
(ASEAN);
(D) the Organization for Economic Cooperation and
Development (OECD); and
(E) multilateral development banks; and
(3) regulatory practices and standards-setting bodies
focused on key economic sectors and emerging technologies.
(c) Participation by Nongovernmental Entities.--With regard to the
program described in subsection (a), the Secretary of State may
facilitate, including through the use of amounts appropriated pursuant
to subsection (e), the participation of private sector representatives,
and other relevant organizations and individuals with relevant
expertise, as appropriate and to the extent that such participation
advances the goals of such program.
(d) Delegation of Authority by the Secretary.--The Secretary of
State is authorized to delegate the responsibilities described in this
section to the Under Secretary of State for Economic Growth, Energy,
and the Environment.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$2,500,000 for each of fiscal years 2024 through 2028 to carry
out this section.
(2) Use of funds.--The Secretary may make available amounts
appropriated pursuant to paragraph (1) in a manner that--
(A) facilitates participation by representatives
from technical agencies within the United States
Government and their counterparts; and
(B) complies with applicable procedural
requirements under the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
SEC. 303. INFRASTRUCTURE TRANSACTION AND ASSISTANCE NETWORK.
(a) Authority.--The Secretary of State is authorized to establish
an initiative, to be known as the ``Infrastructure Transaction and
Assistance Network'', under which the Secretary of State, in
consultation with other relevant Federal agencies, may carry out
various programs to advance the development of sustainable,
transparent, and high-quality infrastructure in the Indo-Pacific region
by--
(1) strengthening capacity-building programs to improve
project evaluation processes, regulatory and procurement
environments, and project preparation capacity of countries
that are partners of the United States in such development;
(2) providing transaction advisory services and project
preparation assistance to support sustainable infrastructure;
and
(3) coordinating the provision of United States assistance
for the development of infrastructure, including infrastructure
that utilizes United States-manufactured goods and services,
and catalyzing investment led by the private sector.
(b) Transaction Advisory Fund.--As part of the ``Infrastructure
Transaction and Assistance Network'' described under subsection (a),
the Secretary of State is authorized to provide support, including
through the Transaction Advisory Fund, for advisory services to help
boost the capacity of partner countries to evaluate contracts and
assess financial, environmental, or other relevant impacts of potential
infrastructure projects, including through providing services such as--
(1) legal services;
(2) project preparation and feasibility studies;
(3) debt sustainability analyses;
(4) bid or proposal evaluation; and
(5) other services relevant to advancing the development of
sustainable, transparent, and high-quality infrastructure.
(c) Strategic Infrastructure Fund.--
(1) In general.--As part of the ``Infrastructure
Transaction and Assistance Network'' described under subsection
(a), the Secretary of State is authorized to provide support,
including through the Strategic Infrastructure Fund, for
technical assistance, project preparation, pipeline
development, and other infrastructure project support.
(2) Joint infrastructure projects.--Funds authorized for
the Strategic Infrastructure Fund should be used in
coordination with the Department of Defense, the International
Development Finance Corporation, like-minded donor partners,
and multilateral banks, as appropriate, to support joint
infrastructure projects in the Indo-Pacific region.
(3) Strategic infrastructure projects.--Funds authorized
for the Strategic Infrastructure Fund should be used to support
strategic infrastructure projects that are in the national
security interest of the United States and vulnerable to
strategic competitors.
(d) Authorization of Appropriations.--There is authorized to be
appropriated, for each of fiscal years 2024 to 2028, $75,000,000 to the
Infrastructure Transaction and Assistance Network, of which $20,000,000
is to be provided for the Transaction Advisory Fund.
SEC. 304. DIGITAL CONNECTIVITY AND CYBERSECURITY PARTNERSHIP.
(a) Digital Connectivity and Cybersecurity Partnership.--The
Secretary of State is authorized to establish a program, to be known as
the ``Digital Connectivity and Cybersecurity Partnership'' to help
foreign countries--
(1) expand and increase secure internet access and digital
infrastructure in emerging markets;
(2) protect technological assets, including data;
(3) adopt policies and regulatory positions that foster and
encourage open, interoperable, reliable, and secure internet,
the free flow of data, multi-stakeholder models of internet
governance, and pro-competitive and secure information and
communications technology (ICT) policies and regulations;
(4) promote exports of United States ICT goods and services
and increase United States company market share in target
markets;
(5) promote the diversification of ICT goods and supply
chain services to be less reliant on imports from the People's
Republic of China; and
(6) build cybersecurity capacity, expand interoperability,
and promote best practices for a national approach to
cybersecurity.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit to the
appropriate committees of Congress an implementation plan for the
coming year to advance the goals identified in subsection (a).
(c) Consultation.--In developing the action plan required by
subsection (b), the Secretary of State shall consult with--
(1) the appropriate congressional committees;
(2) leaders of the United States industry;
(3) other relevant technology experts, including the Open
Technology Fund;
(4) representatives from relevant United States Government
agencies; and
(5) representatives from like-minded allies and partners.
(d) Briefing Requirement.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for five years,
the Secretary of State shall provide the appropriate congressional
committees a briefing on the implementation of the plan required by
subsection (b).
(e) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000 for each of fiscal years 2024 through 2028 to
carry out this section.
TITLE IV--BOOSTING INTERNATIONAL TRADE AND INVESTMENT
SEC. 401. PILOT PROGRAM TO AUDIT BARRIERS TO TRADE IN DEVELOPING
PARTNER COUNTRIES.
(a) Establishment.--The Secretary of State shall establish a pilot
program--
(1) to identify and evaluate barriers to trade and
investment in developing countries that are partners of the
United States; and
(2) to provide assistance relating to trade capacity
building and trade facilitation to those countries.
(b) Purposes.--Under the pilot program established under subsection
(a), the Secretary shall, in partnership with the countries selected
under subsection (c)(1) to participate in the pilot program--
(1) identify barriers in those countries to enhancing
international trade and investment with the goal of setting
priorities for the efficient use of United States trade-related
assistance;
(2) focus United States trade-related assistance on
building self-sustaining institutional capacity for expanding
international trade in those countries, consistent with
international obligations and commitments; and
(3) further the national interests of the United States
by--
(A) expanding prosperity through the elimination of
foreign barriers to trade and investment;
(B) assisting the countries selected under
subsection (c)(1) to identify and reduce barriers to--
(i) the movement of goods in international
commerce; and
(ii) foreign investment;
(C) assisting those countries in undertaking
reforms that will encourage economic engagement and
sustainable development; and
(D) assisting private sector entities in those
countries to engage in reform efforts and enhance
productive global supply chain partnerships with the
United States and allies and partners of the United
States.
(c) Selection of Countries.--
(1) In general.--The Secretary shall select countries for
participation in the pilot program under subsection (a) from
among countries--
(A) that are developing countries and partners of
the United States;
(B) the governments of which have clearly
demonstrated a willingness to make appropriate legal,
policy, and regulatory reforms by adopting
internationally recognized best practices that are
proven to stimulate economic growth and job creation,
consistent with international trade rules and
practices; and
(C) that meet such additional criteria as may be
established jointly by the Secretary and the
Administrator of the United States Agency for
International Development.
(2) Considerations for additional criteria.--In
establishing additional criteria under paragraph (1)(C), the
Secretary and the Administrator shall--
(A) identify and address structural weaknesses,
systemic flaws, or other impediments within countries
that may be considered for participation in the pilot
program under subsection (a) that impact the
effectiveness of United States trade-related assistance
and make recommendations for addressing those
weaknesses, flaws, and impediments;
(B) set priorities for trade capacity building to
focus resources on countries where the provision of
trade-related assistance can deliver the best value in
identifying and eliminating barriers to trade and
investment, including by fostering adherence to
international trade obligations; and
(C) developing appropriate performance measures and
establishing annual targets to monitor and assess
progress toward those targets, including measures to be
used to terminate the provision of assistance
determined to be ineffective.
(3) Number and deadline for selections.--
(A) In general.--Not later than 270 days after the
date of the enactment of this Act, and annually
thereafter, the Secretary, with the concurrence of the
United States Trade Representative and the
Administrator, shall select countries under paragraph
(1) for participation in the pilot program under
subsection (a).
(B) Number.--The Secretary shall select for
participation in the pilot program under subsection
(a)--
(i) not fewer than 5 countries during the
one-year period beginning on the date of the
enactment of this Act; and
(ii) not fewer than 15 countries during the
5-year period beginning on such date of
enactment.
(4) Prioritization based on recommendations from chiefs of
mission.--In selecting countries under paragraph (1) for
participation in the pilot program under subsection (a), the
Secretary, with the concurrence of the Trade Representative and
the Administrator, shall prioritize countries recommended by
chiefs of mission that--
(A) will be able to substantially benefit from
expanded United States trade-related assistance; and
(B) the governments of which have demonstrated the
political will to effectively and sustainably implement
such assistance.
(d) Evaluation of Areas of Cooperation.--In carrying out the pilot
program established under subsection (a), the Secretary of State shall
use the principal trade negotiating objectives set forth in section
102(b) of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 (19 U.S.C. 4201(b)) to determine areas of
cooperation with a country selected under subsection (c)(1) to
participate in the pilot program.
(e) Plans of Action.--
(1) In general.--The Administrator, in coordination with
the Secretary, shall lead efforts to engage relevant officials
of each country selected under subsection (c)(1) to participate
in the pilot program under subsection (a) with respect to the
development of a plan of action to promote conditions favorable
for business and commercial development and economic and job
growth in the country.
(2) Analysis required.--The development of a plan of action
under paragraph (1) shall include a comprehensive analysis of
relevant legal, policy, and regulatory constraints to economic
and job growth in that country.
(3) Elements.--A plan of action developed under paragraph
(1) for a country shall include the following:
(A) Priorities for reform agreed to by the
government of that country and the United States.
(B) Clearly defined policy responses, including
regulatory and legal reforms, as necessary, to achieve
improvement in the business and commercial environment
in the country.
(C) Identification of the anticipated costs to
establish and implement the plan.
(D) Identification of appropriate sequencing and
phasing of implementation of the plan to create
cumulative benefits, as appropriate.
(E) Identification of best practices and standards.
(F) Considerations with respect to how to make the
policy reform investments under the plan long-lasting.
(G) Appropriate consultation with affected
stakeholders in that country and in the United States.
(f) Termination.--The pilot program established under subsection
(a) shall terminate on the date that is 5 years after the date of the
enactment of this Act.
SEC. 402. PROMOTING ADOPTION OF UNITED NATIONS CONVENTION ON ASSIGNMENT
OF RECEIVABLES IN INTERNATIONAL TRADE.
(a) Findings.--Congress makes the following findings:
(1) The United Nations Convention on the Assignment of
Receivables in International Trade, done at New York December
12, 2001, and signed by the United States on December 30, 2003
(in this section referred to as the ``Convention''),
establishes uniform international rules governing a form of
financing widely used in the United States involving the
assignment of receivables.
(2) Receivables financing is an important tool in helping
United States businesses secure working capital financing.
Within the United States, lenders and buyers of receivables
provide financing based on the use of receivables from debtors
located within the United States as working capital collateral.
(3) Receivables financing occurs in transactions in which
businesses either sell their rights to payments from their
customers (known as ``receivables'') to a bank or other
financial institution, or use their rights to those payments as
collateral for a loan from a lender. The businesses selling or
using their receivables as collateral are referred to as
``assignors'' and buyers and lenders are referred to as
``assignees''.
(4) Many countries, however, do not have the kinds of
modern commercial finance laws on the assignment of receivables
required to implement the Convention.
(5) United States-based lenders are less willing to make
loans secured by receivables owed by debtors located outside
the United States, as such cross-border transactions may
involve countries the laws of which are inconsistent with
modern financial practices.
(6) Because of the risk, cost, and uncertainty created by
receivables financing laws in other countries, which vary
greatly or can be vague or unpredictable, the ability of small
and medium-sized United States businesses to access financing
from lenders using international accounts receivables derived
from exports or other cross-border transactions is severely
limited.
(7) Expanded access to receivables financing in
international trade, which the Convention would promote, will
provide United States businesses with an additional source of
capital at no cost to the United States taxpayer, benefitting
small and medium-sized businesses that use receivables
financing.
(8) The Convention is consistent with article 9 of the
United States Uniform Commercial Code, as adopted by all 50
States, the District of Columbia, and the territories of Puerto
Rico and the Virgin Islands.
(9) The Convention includes extensive rules on the use of
receivables to finance operations, using receivables as
collateral, and how to resolve potential conflicts of law
arising from the use of receivables.
(10) Adoption of the Convention would establish more
predictability and uniformity with respect to receivables
financing in cross-border transactions, thereby opening up new
opportunities for trade and economic growth between the United
States and its partners in the developing world.
(11) The Senate consented to ratification of the Convention
in January 2019.
(12) The President ratified the Convention in October 2019.
(b) Sense of the Senate.--It is the sense of the Senate that the
Secretary of State should, in the regular course of economic dialogues
with developing countries that are partners of the United States,
promote the adoption and implementation of the Convention as an
important tool--
(1) to help attract foreign investment to and trade with
such countries; and
(2) to establish a predictable, rules-based framework that
can help such countries create additional sources of capital at
no cost, benefitting small and medium-sized businesses that use
receivables financing.
TITLE V--COMBATING ANTI-COMPETITIVE BEHAVIOR
SEC. 501. PREDATORY PRICING BY ENTITIES OWNED, CONTROLLED, OR DIRECTED
BY A FOREIGN STATE.
(a) Prohibited Acts.--
(1) In general.--No entity owned, controlled, or directed
by a foreign state or an agent or instrumentality of a foreign
state (as defined in section 1603 of title 28, United States
Code) and participating in international commerce may establish
or set prices below the average variable cost in a manner that
may foreseeably harm competition.
(2) Economic support.--In determining the average variable
cost under paragraph (1), the court may take into account the
effects of economic support provided by the owning or
controlling foreign state to the entity on a discriminatory
basis that may allow the entity to unfairly price at or below
marginal cost.
(3) Government subsidies.--In determining the
foreseeability of the elimination of market competitors under
paragraph (1), the court may take into account the aggravating
factor of the actions of the foreign state owning or
controlling the entity referred to in such paragraph to use
government resources to subsidize or underwrite the losses of
the entity in a manner that allows the entity to sustain the
predatory period and recoup its losses.
(4) Market power not required.--For the purpose of
establishing the elements of (a)(1), the plaintiff shall not be
required to demonstrate that the defendant has monopoly or
market power.
(b) Recovery of Damages.--Any person (as defined in section 1(a) of
the Clayton Act (15 U.S.C. 12(a)) whose business or property is injured
as a result of the actions of an entity described in subsection (a)
shall be entitled to recovery from the defendant for damages and other
related costs under section 4 of such Act (15 U.S.C. 15).
(c) Elements of Prima Facie Case.--A plaintiff may initiate a claim
against a defendant in an appropriate Federal court for a violation of
subsection (a) in order to recover damages under subsection (b) by--
(1) establishing, by a preponderance of the evidence, that
the defendant--
(A) is a foreign state or an agency or
instrumentality of a foreign state (as defined in
section 1603 of title 28, United States Code); and
(B) is not immune from the jurisdiction of the
Federal court pursuant to section 1605(a)(2) of title
28, United States Code; and
(2) setting forth sufficient evidence to establish a
reasonable inference that the defendant has violated subsection
(a).
(d) Court Determination Leading to Evidentiary Burden Shifting to
Defendant.--If a Federal court finds that a plaintiff has met its
burden of proof under subsection (c), the court may determine that--
(1) the plaintiff has established a prima facie case that
the conduct of the defendant is in violation of subsection (a);
and
(2) the defendant has the burden of rebutting such case by
establishing that the defendant is not in violation of
subsection (a).
(e) Filing of Amicus Briefs by the Department of State and
Department of Justice Regarding International Comity and Harm to
Competition.--
(1) In general.--For the purposes of considering questions
of international comity with respect to making decisions
regarding commercial activity and the scope of applicable
sovereign immunity, the Federal court may receive and consider
relevant amicus briefs filed by the Secretary of State.
(2) Attorney general.--For the purposes of considering
questions regarding assessing potential harm to competition,
the Federal court may receive and consider relevant amicus
briefs filed by the Attorney General.
(3) Savings provision.--Nothing in paragraph (1) may be
construed to limit the ability of the Federal court to receive
and consider any other amicus briefs.
SEC. 502. EXPANSION OF OFFENSE OF THEFT OF TRADE SECRETS TO INCLUDE
UNAUTHORIZED DEVELOPMENT OF PRODUCTS AND DIGITAL
ARTICLES.
(a) In General.--Section 1832(a) of title 18, United States Code,
is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(2) by inserting after paragraph (3) the following:
``(4) without authorization modifies or develops a product
or digital article that could not have been modified or
developed in the same way without access to such
information;''; and
(3) in paragraphs (5) and (6), as redesignated by paragraph
(1), by striking ``through (3)'' and inserting ``through (4)''.
(b) Applicability To Conduct Outside the United States.--Section
1837 of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) in the case of a violation of section 1832(a)(4), the
offender attempts to import a product or digital article
described in that section into the United States.''.
(c) Definitions.--Section 1839 of title 18, United States Code, is
amended--
(1) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``data,'' after ``programs,'';
(2) in paragraph (6)(B), by striking ``; and'' and
inserting a semicolon;
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(8) the term `digital article' means an algorithm,
digitized process, or database, or any other electronic
technology that generates, stores, or processes data.''.
SEC. 503. REVIEW OF PETITIONS RELATED TO INTELLECTUAL PROPERTY THEFT
AND FORCED TECHNOLOGY TRANSFER.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Commerce, Science, and Transportation, and
the Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Energy and
Commerce, and the Committee on the Judiciary of the
House of Representatives.
(2) Committee.--The term ``Committee'' means the committee
established or designated under subsection (b).
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Intellectual property.--The term ``intellectual
property'' means--
(A) any work protected by a copyright under title
17, United States Code;
(B) any property protected by a patent granted by
the United States Patent and Trademark Office under
title 35, United States Code;
(C) any word, name, symbol, or device, or any
combination thereof, that is registered as a trademark
with the United States Patent and Trademark Office
under the Act entitled ``An Act to provide for the
registration and protection of trademarks used in
commerce, to carry out the provisions of certain
international conventions, and for other purposes'',
approved July 5, 1946 (commonly known as the ``Lanham
Act'' or the ``Trademark Act of 1946'') (15 U.S.C. 1051
et seq.);
(D) a trade secret (as defined in section 1839 of
title 18, United States Code); or
(E) any other form of intellectual property.
(5) 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) Establishment of a Committee.--
(1) In general.--The President shall--
(A) establish a multi-agency committee to carry out
this section; or
(B) designate an existing multi-agency committee
within the executive branch to carry out this section
if the President determines that the existing committee
has the relevant expertise and personnel to carry out
this section.
(2) Membership.--The Committee shall be comprised of the
following officials (or, subject to paragraph (3), a designee
of any such official):
(A) The Secretary of the Treasury.
(B) The Secretary of Commerce.
(C) The Secretary of State.
(D) The Attorney General.
(E) The Director of National Intelligence.
(F) The heads of such other agencies as the
President determines appropriate, generally or on a
case-by-case basis.
(3) Designee.--An official specified in paragraph (2) may
select a designee to serve on the Committee from among
individuals serving in positions appointed by the President by
and with the advice and consent of the Senate.
(4) Chair and vice chair.--The President shall appoint a
chairperson and a vice chairperson of the Committee from among
the members of the Committee.
(c) Submission of Petitions.--
(1) In general.--A United States person described in
paragraph (3) may submit a petition to the Committee requesting
that the Committee--
(A) review, under subsection (d), a significant act
or series of acts described in paragraph (2) committed
by a foreign person; and
(B) refer the matter to the President with a
recommendation to impose sanctions under subsection (e)
to address any threat to the national security of the
United States posed by the significant act or series of
acts.
(2) Significant act or series of acts described.--A
significant act or series of acts described in this paragraph
is a significant act or series of acts of--
(A) theft of intellectual property of a United
States person; or
(B) forced transfer of technology that is the
intellectual property of a United States person.
(3) United states person described.--A United States person
is described in this paragraph if--
(A) a court of competent jurisdiction in the United
States has rendered a final judgment in favor of the
United States person that--
(i) the foreign person identified in the
petition submitted under paragraph (1)
committed the significant act or series of acts
identified in the petition;
(ii) the United States person is the owner
of the intellectual property identified in the
petition; and
(iii) the foreign person is using that
intellectual property without the permission of
the United States person; and
(B) the United States person can provide clear and
convincing evidence to the Committee that the value of
the economic loss to the United States person resulting
from the significant act or series of acts exceeds
$10,000,000.
(d) Review and Action by the Committee.--
(1) Review.--Upon receiving a petition under subsection
(c), the Committee shall conduct a review of the petition in
order to determine whether the imposition of sanctions under
subsection (e) is necessary and appropriate to address any
threat to the national security of the United States posed by
the significant act or series of acts identified in the
petition.
(2) Action.--After conducting a review under paragraph (1)
of a petition submitted under subsection (c), the Committee may
take no action, dismiss the petition, or refer the petition to
the President with a recommendation with respect to whether to
impose sanctions under subsection (e).
(e) Imposition of Sanctions.--
(1) In general.--The President may impose the sanctions
described in paragraph (3) with respect to a foreign person
identified in a petition submitted under subsection (c) if the
President determines that imposing such sanctions is necessary
and appropriate to address any threat to the national security
of the United States posed by the significant act or series of
acts identified in the petition.
(2) Notice to congress.--Not later than 30 days after the
Committee refers a petition to the President with a
recommendation under subsection (d)(2), the President shall
submit to the appropriate congressional committees a notice of
the determination of the President under paragraph (1) with
respect to whether or not to impose sanctions described in
paragraph (3) with respect to each foreign person identified in
the petition. Each notice required under this paragraph shall
be submitted in unclassified form, but may include a classified
annex.
(3) Sanctions described.--The sanctions that may be imposed
under paragraph (1) with respect to a foreign person identified
in a petition submitted under subsection (c) are the following:
(A) Export sanction.--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
person 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.
(B) Loans from united states financial
institutions.--The President may prohibit any United
States financial institution from making loans or
providing credits to the person totaling more than
$10,000,000 in any 12-month period unless the person is
engaged in activities to relieve human suffering and
the loans or credits are provided for such activities.
(C) Loans from international financial
institutions.--The President may direct the United
States executive director to each international
financial institution to use the voice and vote of the
United States to oppose any loan from the international
financial institution that would benefit the person.
(D) Prohibitions on financial institutions.--The
following prohibitions may be imposed against the
person if the person is a financial institution:
(i) Prohibition on designation as primary
dealer.--Neither the Board of Governors of the
Federal Reserve System nor the Federal Reserve
Bank of New York may designate, or permit the
continuation of any prior designation of, the
financial institution as a primary dealer in
United States Government debt instruments.
(ii) Prohibition on service as a repository
of government funds.--The financial institution
may not serve as agent of the United States
Government or serve as repository for United
States Government funds.
(E) Procurement sanction.--The President may
prohibit the United States Government from procuring,
or entering into any contract for the procurement of,
any goods or services from the person.
(F) Foreign exchange.--The President may, 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 person has any interest.
(G) Banking transactions.--The President may,
pursuant to such regulations as the President may
prescribe, prohibit any transfers of credit or payments
between 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
person.
(H) Property transactions.--The President may,
pursuant to such regulations as the President may
prescribe, prohibit any person from--
(i) acquiring, holding, withholding, using,
transferring, withdrawing, transporting,
importing, or exporting any property that is
subject to the jurisdiction of the United
States and with respect to which the person
identified in the petition has any interest;
(ii) dealing in or exercising any right,
power, or privilege with respect to such
property; or
(iii) conducting any transaction involving
such property.
(I) Ban on investment in equity or debt of
sanctioned person.--The President may, pursuant to such
regulations or guidelines as the President may
prescribe, prohibit any United States person from
investing in or purchasing significant amounts of
equity or debt instruments of the person.
(J) Exclusion of corporate officers.--The President
may direct the Secretary of State to deny a visa to,
and the Secretary of Homeland Security to exclude from
the United States, any alien that the President
determines is a corporate officer or principal of, or a
shareholder with a controlling interest in, the person
identified in the petition.
(K) Sanctions on principal executive officers.--The
President may impose on the principal executive officer
or officers of the person, or on individuals performing
similar functions and with similar authorities as such
officer or officers, any of the sanctions described in
this paragraph.
(f) Implementation; Penalties.--
(1) 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) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section 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.
(g) Confidentiality of Information.--
(1) In general.--The Committee shall protect from
disclosure any proprietary information submitted by a United
States person and marked as business confidential information,
unless the person submitting the information--
(A) had notice, at the time of submission, that the
information would be released by the Committee; or
(B) subsequently consents to the release of the
information.
(2) Treatment as trade secrets.--Proprietary information
submitted by a United States person under this section shall
be--
(A) considered to be trade secrets and commercial
or financial information (as those terms are used for
purposes of section 552b(c)(4) of title 5, United
States Code); and
(B) exempt from disclosure without the express
approval of the person.
(h) Rulemaking.--The President may prescribe such licenses, orders,
and regulations as are necessary to carry out this section, including
with respect to the process by which United States persons may submit
petitions under subsection (c).
<all>