[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5131 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5131
To advance a competitive strategy against the People's Republic of
China, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 19, 2024
Mr. Risch (for himself, Mr. Ricketts, Mr. Young, Mr. Barrasso, Mr.
Crapo, Mr. Cassidy, Mr. Sullivan, Mr. Romney, Mr. Cornyn, Mr. Grassley,
and Mrs. Capito) introduced the following bill; which was read twice
and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To advance a competitive strategy against 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``STRATEGIC Act of
2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--COUNTERING CHINESE COMMUNIST PARTY MALIGN INFLUENCE
Subtitle A--Amendments to the Foreign Agents Registration Act of 1938
Sec. 101. Definitions.
Sec. 102. Treatment of certain exemptions under the Foreign Agents
Registration Act of 1938.
Sec. 103. Foreign agents registration criminal enforcement.
Sec. 104. Foreign agents registration civil enforcement.
Sec. 105. Authorizing the Attorney General to issue civil investigative
demands to promote enforcement of
disclosure requirements for agents of
foreign principals.
Sec. 106. Effective date.
Subtitle B--Other Actions To Counter CCP Malign Influence
Sec. 111. Prohibition on certain gifts and contracts from the PRC to
certain United States institutions.
Sec. 112. Requirement for think tanks to disclose foreign funding.
Sec. 113. Amendment to the Mutual Education and Cultural Exchange Act
of 1961.
Sec. 114. Establishment of Countering the People's Republic of China
Influence Fund.
Sec. 115. Notification requirement for participation of Department of
State and USAID officials in private events
that include the participation of specially
designated and blocked persons.
Sec. 116. Determination with respect to imposition of sanctions with
respect to United Front Work Department of
Chinese Communist Party.
Sec. 117. Department of State list of foreign talent recruitment
programs of the PRC.
Sec. 118. Oversight on climate cooperation with the PRC.
Sec. 119. Restriction on issuance of visas.
Sec. 120. Modifying information about countries exporting
methamphetamine included in the annual
international narcotics control strategy
report.
Sec. 121. Report on violations of American Diplomatic Corps privileges
and immunities.
Sec. 122. Annual report on the PRC's diplomatic mission engagements.
Sec. 123. Restrictions on foreign missions of the PRC in elementary and
secondary schools in the United States.
Sec. 124. Office of the Special Envoy for Critical and Emerging
Technology.
Sec. 125. Enhanced congressional notification regarding science and
technology agreements with the PRC.
TITLE II--ADVANCING UNITED STATES AND PARTNER ECONOMIC PROSPERITY
Sec. 201. Defined term.
Sec. 202. Authorization of partnership for global infrastructure and
investment.
Sec. 203. Global Strategic Infrastructure Investment Fund.
Sec. 204. Infrastructure transaction and assistance network.
Sec. 205. Regulatory exchanges with allies and partners.
Sec. 206. Authorization to assist United States companies with global
supply chain diversification and
management.
Sec. 207. Investing in talent in Southeast Asia, the Pacific Islands,
Sub-saharan Africa, and Latin America.
Sec. 208. Pilot program to audit barriers to commerce in developing
partner countries.
Sec. 209. Promoting adoption of United Nations convention on the
assignment of receivables in international
trade.
Sec. 210. Opposing the provision of assistance to the People's Republic
of China by the multilateral development
banks.
Sec. 211. Prohibiting funding for the Montreal Protocol on substances
that deplete the ozone layer and the United
Nations framework convention on climate
change until China is no longer defined as
a developing country.
TITLE III--COUNTERING CHINA'S PREDATORY ECONOMIC PRACTICES
Subtitle A--Countering Economic Coercion
Sec. 301. Short title.
Sec. 302. Sense of Congress.
Sec. 303. Definitions.
Sec. 304. Determination of economic coercion.
Sec. 305. Authorities to respond to economic coercion.
Sec. 306. Coordination with allies and partners.
Sec. 307. Expedited consideration of economic coercion response
package.
Sec. 308. Process for joint resolutions of disapproval.
Subtitle B--Other Matters To Counter Predatory Economic Practices by
the People's Republic of China
Sec. 311. Predatory pricing by entities owned, controlled, or directed
by a foreign state.
Sec. 312. Expansion of offense of theft of trade secrets to include
unauthorized development of products and
digital articles.
Sec. 313. Review of petitions related to intellectual property theft
and forced technology transfer.
Sec. 314. Fostering energy development aligned with partner country
needs.
Sec. 315. Opposition of United States to an increase in weight of
Chinese renminbi in Special Drawing Rights
basket of International Monetary Fund.
Sec. 316. Strengthening congressional oversight of Special Drawing
Rights at International Monetary Fund.
Sec. 317. Security and oversight for international landholdings.
Sec. 318. Intellectual property violators list.
Sec. 319. Annual review of the presence of Chinese companies in United
States capital markets.
Sec. 320. Prohibition on availability of funds for procurement of
certain batteries.
Sec. 321. Ending support for PRC contracts at the World Bank.
Sec. 322. Report on United States development efforts to counter the
PRC's Belt and Road Initiative.
TITLE IV--STRENGTHENING SECURITY ALLIANCES AND PARTNERSHIPS
Subtitle A--International Security Partners
Sec. 401. Defined term.
Sec. 402. Restriction on Track 1.5 dialogues with the People's Republic
of China.
Sec. 403. Refocusing international security efforts for strategic
competition.
Sec. 404. Report on diplomatic outreach with respect to PRC military
installations overseas.
Sec. 405. Limitation on assistance to countries hosting PRC military
installations.
Sec. 406. Amendment to the Stop Harboring Iranian Petroleum Act.
Sec. 407. Missile Technology Control Regime provisions.
Sec. 408. Strengthening extended nuclear deterrence in the Korean
theater of operations.
Subtitle B--Indo-Pacific Allies and Partners
PART I--Taiwan
Sec. 411. Development of economic tools to deter aggression by People's
Republic of China against Taiwan.
Sec. 412. Treatment of the Government of Taiwan.
Sec. 413. War reserve stock program for Taiwan.
Sec. 414. Proper treatment of Taiwan government representatives.
Sec. 415. American Institute in Taiwan.
PART II--South China and East China Sea Sanctions
Sec. 421. Short title.
Sec. 422. Sanctions with respect to Chinese persons responsible for
China's activities in the South China Sea
and the East China Sea.
Sec. 423. Sense of Congress regarding portrayals of the South China Sea
or the East China Sea as part of China.
Sec. 424. Sense of Congress on 2016 Permanent Court of Arbitration's
tribunal ruling on arbitration case between
the Philippines and the People's Republic
of China.
Sec. 425. Report on countries that recognize Chinese sovereignty over
the South China Sea or the East China Sea.
PART III--Pacific Islands
Sec. 431. Establishing a senior official for the compacts of free
association at the Department of State.
Sec. 432. Enhancement of diplomatic support and economic engagement
with Pacific island countries.
PART IV--Indian Ocean Region Strategic Review
Sec. 441. Short title.
Sec. 442. Findings.
Sec. 443. Statement of policy.
Sec. 444. Definitions.
Sec. 445. Strategy and implementation plan relating to the Indian Ocean
region.
Sec. 446. Modification to United States-China Economic and Security
Review Commission.
Subtitle C--Countering Espionage and Surveillance Entities in Cuba
Sec. 451. Short titles.
Sec. 452. Imposition of sanctions with respect to military and
intelligence facilities of the People's
Republic of China in Cuba.
Sec. 453. Codification of Cuba restricted list.
Subtitle D--Countering China Globally
Sec. 461. Sense of Congress regarding China's support for Russia in
Ukraine.
Sec. 462. Enhancing United States-Africa trade and investment for
prosperity.
Sec. 463. Report on Horn of Africa.
Sec. 464. Amendment to Jackson-Vanik amendment.
Subtitle E--United States Interests in International Organizations
Sec. 471. Global peace operations initiative.
Sec. 472. Office on Multilateral Strategy and Personnel.
Sec. 473. Authorization of appropriations for Junior Professional
Officer positions and United States
candidates for leadership positions in
multilateral institutions.
Sec. 474. Safeguarding the integrity of the United Nations system.
Sec. 475. Department of State report on the People's Republic of
China's United Nations peacekeeping
efforts.
TITLE V--INVESTING IN OUR VALUES THROUGH SANCTIONS AND UNITED NATIONS
REFORMS
Sec. 501. Imposition of sanctions with respects to systematic rape,
coercive abortion, forced sterilization, or
involuntary contraceptive implantation in
the Xinjiang Uyghur Autonomous Region.
Sec. 502. Removal of members of the United Nations Human Rights Council
that commit human rights abuses.
Sec. 503. United Nations policy and international engagement on the
reincarnation of the Dalai Lama and
religious freedom of Tibetan Buddhists.
TITLE VI--ADVANCING OVERSIGHT OF INTERNATIONAL LIFE SCIENCES RESEARCH
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Statement of policy.
Sec. 604. Amendments to the Secretary of State's authority under the
Arms Control and Disarmament Act.
Sec. 605. Report on threats related to specific dual use research of
concern and other international life
sciences research of concern.
Sec. 606. Report on United States funding research with the PRC.
Sec. 607. Biological and toxin weapons review conference.
Sec. 608. Annual report by the United States Agency for International
Development.
Sec. 609. United Nations agencies, programs, and funds.
Sec. 610. Rule of construction.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as
provided in sections 125(b), 210, 211, 303, 313, 323, 411, and
452, part IV of subtitle B of title IV, and title VI, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) PRC.--The term ``PRC'' means the People's Republic of
China.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
TITLE I--COUNTERING CHINESE COMMUNIST PARTY MALIGN INFLUENCE
Subtitle A--Amendments to the Foreign Agents Registration Act of 1938
SEC. 101. DEFINITIONS.
Section 1 of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611) is amended--
(1) by striking the matter preceding subsection (a) and
inserting the following: ``In this Act:'';
(2) in each of subsections (a), (e), (f), (g), (h), (i),
(k), (l), (m), (n), and (o), by striking the semicolon at the
end and inserting a period;
(3) in subsection (b), by redesignating paragraphs (1),
(2), and (3) as subparagraphs (A), (B), and (C);
(4) by striking subsections (c) and (d);
(5) by redesignating subsections (a), (b), (e), (f), (g),
(h), (i), (k), (l), (m), (n), (o), and (p) as paragraphs (11),
(6), (7), (5), (16), (15), (8), (17), (2), (18), (14), (12),
and (13), respectively, arranging such paragraphs in numerical
order, and moving each such paragraph 2 ems to the right;
(6) by inserting before paragraph (2), as redesignated, the
following:
``(1) The term `agent of a foreign principal'--
``(A) means any person who--
``(i)(I) acts as an agent, representative,
employee, servant, or in any other capacity at
the order, request, or under the direction or
control, of--
``(aa) a foreign principal; or
``(bb) a person any of whose
activities are directly or indirectly
supervised, directed, controlled,
financed, or subsidized in whole or in
major part by a foreign principal; and
``(II) directly or through any other
person--
``(aa) engages within the United
States in political activities for or
in the interests of such foreign
principal;
``(bb) acts within the United
States as a public relations counsel,
publicity agent, information-service
employee, or political consultant for
or in the interests of such foreign
principal;
``(cc) within the United States,
solicits, collects, disburses, or
dispenses contributions, loans, money,
or other things of value for or in the
interest of such foreign principal; or
``(dd) within the United States
represents the interests of such
foreign principal before any agency or
official of the Government of the
United States; or
``(ii) agrees, consents, assumes or
purports to act as, or who is or holds himself
or herself out to be, whether or not pursuant
to contractual relationship, a person described
in clause (i); and
``(B) does not include--
``(i) any news or press service or
association organized under the laws of the
United States or of any State or other place
subject to the jurisdiction of the United
States if such entity--
``(I) is at least 80 percent
beneficially owned by, and its officers
and directors, if any, are, citizens of
the United States; and
``(II) is not owned, directed,
supervised, controlled, subsidized, or
financed, and none of its policies are
determined, by any foreign principal or
by any agent of a foreign principal
required to register under this Act; or
``(ii) any newspaper, magazine, periodical,
or other publication for which there is on file
with the United States Postal Service
information in compliance with section 3685 of
title 39, United States Code, published in the
United States, solely by virtue of any bona
fide news or journalistic activities, including
the solicitation or acceptance of
advertisements, subscriptions, or other
compensation if it meets the conditions set
forth in subclause (I) and (II) of clause
(i).'';
(7) by inserting after paragraph (2), as redesignated, the
following:
``(3) The term `appropriate committees of Congress' means--
``(A) the Committee on the Judiciary of the Senate;
``(B) the Committee on Foreign Relations of the
Senate;
``(C) the Committee on the Judiciary of the House
of Representatives; and
``(D) the Committee on Foreign Affairs of the House
of Representatives.
``(4) The term `documentary material' includes the original
or any copy of any book, record, report, memorandum, paper,
communication, tabulation, chart, or other document, or data
compilations stored in or accessible through computer or other
information retrieval systems, together with instructions and
all other materials necessary to use or interpret such data
compilations, and any product of discovery.'';
(8) by inserting after paragraph (8), as redesignated, the
following:
``(9) The term `investigation' means any inquiry conducted
for the purpose of ascertaining whether any person is or has
been engaged in any violation of this Act.
``(10) The term `Lobbying Disclosure Act exemption' means
the exemption set forth in section 3(h).''.
SEC. 102. TREATMENT OF CERTAIN EXEMPTIONS UNDER THE FOREIGN AGENTS
REGISTRATION ACT OF 1938.
(a) In General.--Section 3 of the Foreign Agents Registration Act
of 1938, as amended (22 U.S.C. 613) is amended--
(1) in the matter preceding subsection (a), by inserting
``, except as provided in subsection (i)'' after
``principals''-; and
(2) by adding at the end the following:
``(i) Limitations.--
``(1) In general.--The exemptions under subsections (d)(1),
(d)(2), and (h) shall not apply to any agent of a foreign
principal that is organized under the law of or has its
principal place of business or residence in 1 of the identified
countries listed in paragraph (2).
``(2) Identified countries.--The countries described in
this paragraph are:
``(A) the People's Republic of China.
``(B) the Russian Federation.
``(C) the Islamic Republic of Iran.''.
(b) Modification to Countries.--
(1) In general.--The Secretary, in consultation with the
Attorney General of the United States, may propose the addition
or deletion of countries listed in section 3(i)(2) of the
Foreign Agents Registration Act of 1938, as amended, as added
by subsection (a).
(2) Submission.--Any proposal described in paragraph (1)--
(A) shall be submitted to the Chairman and Ranking
Member of the Committee on Foreign Relations of the
Senate and the Chairman and Ranking Member of the
Committee on the Judiciary of the House of
Representatives; and
(B) shall become effective upon enactment of a
joint resolution of approval as described in subsection
(c).
(c) Joint Resolution of Approval.--
(1) In general.--For purposes of subsection (b), the term
``joint resolution of approval'' only means a joint
resolution--
(A) that does not have a preamble;
(B) that includes in the matter after the resolving
clause the following: ``That Congress approves the
modification of countries relating to the treatment of
certain exemptions under the Foreign Agents
Registration Act of 1938, as amended, as submitted by
the Secretary on ____; and section 3(i) of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C.
613) is amended by ______.'', the blank spaces being
appropriately filled in with the appropriate date and
the amendatory language required to add or delete 1 or
more countries from the list of countries described in
section 3(i) of the Foreign Agents Registration Act of
1938, as amended, as added by subsection (a)(2),
respectively; and
(C) the title of which is as follows: ``Joint
resolution approving modifications to countries
relating to the treatment of certain exemptions under
the Foreign Agents Registration Act of 1938, as
amended.''.
(2) Referral.--
(A) Senate.--A resolution described in paragraph
(1) that is introduced in the Senate shall be referred
to the Committee on Foreign Relations of the Senate.
(B) House of representatives.--A resolution
described in paragraph (1) that is introduced in the
House of Representatives shall be referred to the
Committee on the Judiciary of the House of
Representatives.
(d) Sunset.--This section and the amendments made by this section
shall terminate on October 1, 2028.
SEC. 103. FOREIGN AGENTS REGISTRATION CRIMINAL ENFORCEMENT.
(a) Increased Criminal Penalties.--Section 8 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 618) is amended--
(1) in subsection (a)(2), by striking ``$10,000 or by
imprisonment for not more than five years, or both, except that
in the case of a violation of subsection (b), (e), or (f) of
section 4 or of subsection (g) or (h) of this section the
punishment shall be a fine of not more than $5,000 or
imprisonment for not more than six months'' and inserting
``$200,000 or by imprisonment for not more than 5 years, or
both, except that in the case of a violation of subsection (b),
(e), or (f) of section 4 or of subsection (g), (h), or (i) of
this section the punishment shall be a fine of not more than
$15,000 or imprisonment for not more than 6 months''; and
(2) by adding at the end the following:
``(i) Congressional Notification.--It shall be unlawful for any
agent of a foreign principal registered under this Act to willfully
fail to disclose before or during any meeting with a Member of Congress
(as defined in section 3 of the Lobbying and Disclosure Act of 1995 (2
U.S.C. 1602) or a member of the staff of a Member or committee of
Congress that such agent is registered under this Act.''.
SEC. 104. FOREIGN AGENTS REGISTRATION CIVIL ENFORCEMENT.
Section 8 of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 618), as amended by section 103, is further amended
by adding at the end the following:
``(j) Civil Enforcement.--
``(1) Civil penalties.--
``(A) Registration statements.--
``(i) In general.--Any person who is
required to register under this Act and fails
to file a timely or complete registration
statement in accordance with section 2(a) shall
be subject to a civil fine of not more than
$10,000 for each such violation, without regard
to the state of mind of such person.
``(ii) No fines paid by foreign
principals.--If a person is subject to a civil
fine under clause (i), the civil fine may not
be paid, directly or indirectly, by a foreign
principal.
``(B) Supplements.--Any person who is required to
file a supplement to a registration statement under
section 2(b) and fails to file a timely or complete
supplement in accordance with such section shall be
subject to a civil fine of not more than $1,000 for
each such violation, without regard to the state of
mind of such person.
``(C) Failure to remedy deficient filings.--Any
person who is required to file a registration statement
under this Act, receives notice pursuant to subsection
(g) that the registration statement filed by the person
is deficient, and knowingly fails to remedy the
deficiency within 60 days after receiving such notice
shall, upon proof by a preponderance of the evidence of
such knowing failure to remedy the deficiency, be
subject to a civil fine of not more than $200,000,
depending on the extent and gravity of the violation.
``(D) Other violations.--Any person who knowingly
fails to comply with any other provision of this Act
shall, upon proof by a preponderance of the evidence of
such knowing failure to comply, be subject to a civil
fine of not more than $200,000, depending on the extent
and gravity of the violation.
``(2) Use of fines.--All fines collected under this
subsection shall be used to defray the cost of enforcing this
Act.''.
SEC. 105. AUTHORIZING THE ATTORNEY GENERAL TO ISSUE CIVIL INVESTIGATIVE
DEMANDS TO PROMOTE ENFORCEMENT OF DISCLOSURE REQUIREMENTS
FOR AGENTS OF FOREIGN PRINCIPALS.
The Foreign Agents Registration Act of 1938, as amended (22 U.S.C.
611 et seq.) is amended--
(1) by redesignating sections 9 through 14 (22 U.S.C. 619
through ), as sections 10 through 15, respectively; and
(2) by inserting after section 8, as amended by sections
103 and 104, the following:
``SEC. 9. CIVIL INVESTIGATIVE DEMANDS CONCERNING REGISTRATION OF AGENTS
OF FOREIGN PRINCIPALS.
``(a) Authority of the Attorney General.--
``(1) Authority described.--Whenever the Attorney General
or the Attorney General's designee has reason to believe that
any person may be in possession, custody, or control of any
documentary material, or may have any information, relevant to
an investigation under this Act, the Attorney General or such
designee may, before instituting a civil or criminal proceeding
on behalf of the United States with respect to such person,
issue in writing, and cause to be served upon such person, a
civil investigative demand requiring such person--
``(A) to produce such documentary material for
inspection and copying or reproduction;
``(B) to provide written answers to written
interrogatories with respect to such documentary
material or information;
``(C) to give oral testimony concerning such
documentary material or information; or
``(D) to furnish any combination of such material,
answers, or testimony.
``(2) Express demands.--Whenever a civil investigative
demand is an express demand for any product of discovery, the
Attorney General or the Attorney General's designee shall--
``(A) cause to be served, in any manner authorized
under this section, a copy of such demand upon the
person from whom the discovery was obtained; and
``(B) notify the person to whom such demand is
issued of the date on which such copy was served.
``(3) Limiting individuals who may serve as designees.--The
Attorney General may not designate any individual other than
the Assistant Attorney General for National Security or a
Deputy Attorney General to carry out the authority provided
under this subsection.
``(b) Contents and Deadlines.--
``(1) In general.--Each demand issued pursuant to
subsection (a) shall--
``(A) state the nature of the conduct constituting
the alleged violation of this Act that is under
investigation and the provision of this Act alleged to
have been violated;
``(B) if such demand is for the production of
documentary material--
``(i) describe each class of documentary
material to be produced with such definiteness
and certainty as to permit such material to be
fairly identified;
``(ii) prescribe a return date for each
such class which will provide a reasonable
period of time within which the material so
demanded may be assembled and made available
for inspection and copying or reproduction; and
``(iii) identify the custodian to whom such
material shall be made available;
``(C) if such demand is for answers to written
interrogatories--
``(i) set forth with specificity the
written interrogatories to be answered;
``(ii) prescribe dates by when answers to
written interrogatories shall be submitted; and
``(iii) identify the custodian to whom such
answers shall be submitted; and
``(D) if such demand is for the giving of oral
testimony--
``(i) prescribe a date, time, and place at
which oral testimony shall be commenced;
``(ii) identify an investigator who shall
conduct the examination and the custodian to
whom the transcript of such examination shall
be submitted;
``(iii) specify that such attendance and
testimony are necessary to the conduct of the
investigation;
``(iv) notify the person receiving the
demand of the right to be accompanied by an
attorney and any other representative; and
``(v) describe the general purpose for
which the demand is being issued and the
general nature of the testimony, including the
primary areas of inquiry, which will be taken
pursuant to the demand.
``(2) Product of discovery.--Any civil investigative demand
issued pursuant to this section that is an express demand for
any product of discovery may not be returned or returnable
until 20 days after a copy of such demand has been served upon
the person from whom the discovery was obtained.
``(3) Date.--The date prescribed for the commencement of
oral testimony pursuant to a civil investigative demand issued
under subsection (a) shall be a date that is not earlier than 7
days after the date on which demand is received, unless the
Attorney General or the Attorney General's designee determines
that exceptional circumstances warrant that such testimony
commence sooner.
``(4) Notification.--The Attorney General may not authorize
the issuance of more than 1 civil investigative demand under
this section for oral testimony by the same person unless--
``(A) such person requests otherwise; or
``(B) the Attorney General, after investigation,
notifies such person in writing that an additional
demand for oral testimony is necessary.
``(c) Protected Material or Information.--
``(1) In general.--A civil investigative demand issued
pursuant to subsection (a) may not require the production of
any documentary material, the submission of any answers to
written interrogatories, or the giving of any oral testimony if
such material, answers, or testimony would be protected from
disclosure under--
``(A) the standards applicable to subpoenas or
subpoenas duces tecum issued by a court of the United
States in aid of a grand jury investigation; or
``(B) the standards applicable to discovery
requests under the Federal Rules of Civil Procedure, to
the extent that the application of such standards to
any such demand is appropriate and consistent with the
provisions and purposes of this Act.
``(2) Effect on other orders, rules, and laws.--Any such
demand that is an express demand for any product of discovery
supersedes any inconsistent order, rule, or provision of law
(other than this Act) preventing or restraining disclosure of
such product of discovery to any person. Disclosure of any
product of discovery pursuant to any such express demand does
not constitute a waiver of any right or privilege, including
without limitation any right or privilege which may be invoked
to resist discovery of trial preparation materials, to which
the person making such disclosure may be entitled.
``(d) Service; Jurisdiction.--
``(1) By whom served.--Any civil investigative demand
issued pursuant to subsection (a) may be served by an
appropriate investigator, or by a United States marshal or
deputy marshal, at any place within the territorial
jurisdiction of any court of the United States.
``(2) Service in foreign nations.--Any such demand or
petition filed pursuant to subsection (k) may be served upon
any person who is not to be found within the territorial
jurisdiction of any court of the United States, in such manner
as the Federal Rules of Civil Procedure prescribe for service
in a foreign country. To the extent that the courts of the
United States can assert jurisdiction over any such person
consistent with due process, the United States District Court
for the District of Columbia shall have the same jurisdiction
to take any action respecting compliance with this Act by any
such person that such court would have if such person were
personally within the jurisdiction of such court.
``(e) Service Upon Legal Entities and Natural Persons.--
``(1) Legal entities.--Service of any civil investigative
demand issued pursuant to subsection (a) or of any petition
filed pursuant to subsection (k) may be made upon a
partnership, corporation, association, or other legal entity
by--
``(A) delivering a duly executed copy of such
demand or petition to any partner, executive officer,
managing agent, or general agent of the partnership,
corporation, association, or entity, or to any agent
thereof authorized by appointment or by law to receive
service of process on behalf of such partnership,
corporation, association, or entity;
``(B) delivering a duly executed copy of such
demand or petition to the principal office or place of
business of the partnership, corporation, association,
or entity to be served; or
``(C) depositing an executed copy of such demand or
petition in the United States mails by registered or
certified mail, with a return receipt requested, duly
addressed to such partnership, corporation,
association, or entity at its principal office or place
of business.
``(2) Natural persons.--Service of any such demand or
petition may be made upon any natural person by--
``(A) delivering a duly executed copy of such
demand or petition to the person to be served; or
``(B) depositing an executed copy of such demand or
petition in the United States mails by registered or
certified mail, with a return receipt requested, duly
addressed to such person at the person's residence or
principal office or place of business.
``(f) Proof of Service.--A verified return by the individual
serving any civil investigative demand pursuant to subsection (a) or
any petition filed pursuant to subsection (k) setting forth the manner
of such service shall be proof of such service. In the case of service
by registered or certified mail, such return shall be accompanied by
the return post office receipt of delivery of such demand.
``(g) Documentary Material.--
``(1) Sworn certificates.--The production of documentary
material in response to a civil investigative demand served
pursuant to this section shall be made under a sworn
certificate, in such form as the demand designates, by--
``(A) in the case of a natural person, the person
to whom the demand is directed; or
``(B) in the case of a person other than a natural
person, a person having knowledge of the facts and
circumstances relating to such production and
authorized to act on behalf of such person,
to the effect that all of the documentary material required by
the demand and in the possession, custody, or control of the
person to whom the demand is directed has been produced and
made available to the custodian.
``(2) Production of materials.--Any person upon whom any
civil investigative demand for the production of documentary
material has been served pursuant to this section shall make
such material available for inspection and copying to the
investigator identified in such demand at the principal place
of business of such person, or at such other place as the
investigator and the person thereafter may agree and prescribe
in writing, or as the court may direct pursuant to subsection
(k)(1). Such material shall be made so available on the return
date specified in such demand, or on such later date as the
investigator may prescribe in writing. Such person may, upon
written agreement between the person and the investigator,
substitute copies for originals of all or any part of such
material.
``(h) Interrogatories.--
``(1) Answers.--Each interrogatory in a civil investigative
demand served pursuant to this section shall be--
``(A) answered separately and fully in writing
under oath; and
``(B) submitted under a sworn certificate, in such
form as the demand designates, by--
``(i) in the case of a natural person, the
person to whom the demand is directed; or
``(ii) in the case of a person other than a
natural person, the person or persons
responsible for answering each interrogatory.
``(2) Contents of certificates.--Each certificate submitted
pursuant to paragraph (1)(B) shall state that all information
required by the demand and in the possession, custody, control,
or knowledge of the person to whom the demand is directed has
been submitted. To the extent that any information is not
furnished, the information shall be identified and reasons set
forth with particularity regarding the reasons why the
information was not furnished.
``(3) Objections.--If any interrogatory is objected to, the
reasons for the objection shall be stated in the certificate
instead of an answer.
``(i) Oral Examinations.--
``(1) Procedures.--The examination of any person pursuant
to a civil investigative demand for oral testimony served
pursuant to this section shall be taken before an officer
authorized to administer oaths and affirmations by the laws of
the United States or of the place where the examination is
held. The officer before whom the testimony is to be taken
shall place the witness under oath or affirmation and shall
personally, or by someone acting under the direction of the
officer and in the officer's presence, record the testimony of
the witness. The testimony shall be taken stenographically and
transcribed. When the testimony is fully transcribed, the
officer before whom the testimony is taken shall promptly
transmit a copy of the transcript of the testimony to the
custodian. Nothing in this subsection may be construed to
preclude the taking of testimony by any means authorized by,
and in a manner consistent with, the Federal Rules of Civil
Procedure.
``(2) Persons present.--The investigator conducting the
examination shall exclude from the place where the examination
is held all persons except the person giving the testimony, the
attorney for and any other representative of the person giving
the testimony, the attorney for the Government, any person who
may be agreed upon by the attorney for the Government and the
person giving the testimony, the officer before whom the
testimony is to be taken, and any stenographer taking such
testimony.
``(3) Where testimony taken.--The oral testimony of any
person taken pursuant to a civil investigative demand served
pursuant to this section shall be taken in the judicial
district of the United States within which such person resides,
is found, or transacts business, or in such other place as may
be agreed upon by the investigator conducting the examination
and such person.
``(4) Transcript of testimony.--When the testimony is fully
transcribed, the investigator or the officer before whom the
testimony is taken shall afford the witness (who may be
accompanied by counsel) a reasonable opportunity to examine and
read the transcript, unless such examination and reading are
waived by the witness. Any changes in form or substance which
the witness desires to make shall be entered and identified
upon the transcript by the officer or the investigator with a
statement of the reasons given by the witness for making such
changes. The transcript shall be signed by the witness, unless
the witness in writing waives the signing, is ill, cannot be
found, or refuses to sign. If the transcript is not signed by
the witness within 30 days after being afforded a reasonable
opportunity to examine it, the officer or the investigator
shall sign it and state on the record the fact of the waiver,
illness, absence of the witness, or the refusal to sign,
together with the reason, if any, given for such circumstance.
``(5) Certification and delivery to custodian.--The officer
before whom the testimony is taken shall certify on the
transcript that the witness was duly sworn by the officer and
that the transcript is a true record of the testimony given by
the witness. The officer or investigator shall promptly deliver
the transcript or send it by registered or certified mail to
the custodian.
``(6) Furnishing or inspection of transcript by witness.--
Upon payment of reasonable charges, the investigator shall
furnish a copy of the transcript to the witness only, except
that the Attorney General, or the Attorney General's designee
may, for good cause, limit such witness to inspection of the
official transcript of the witness's testimony.
``(7) Conduct of oral testimony.--
``(A) In general.--Any person compelled to appear
for oral testimony under a civil investigative demand
issued pursuant to subsection (a) may be accompanied,
represented, and advised by counsel. Counsel may advise
such person, in confidence, with respect to any
question asked of such person. Such person or counsel
may object on the record to any question, in whole or
in part, and shall briefly state for the record the
reason for such objection. An objection may be made,
received, and entered upon the record when it is
claimed that such person is entitled to refuse to
answer the question on the grounds of any
constitutional or other legal right or privilege,
including the privilege against self-incrimination.
Such person may not otherwise object to or refuse to
answer any question, and may not directly or through
counsel otherwise interrupt the oral examination. If
such person refuses to answer any question, a petition
may be filed in the district court of the United States
pursuant to subsection (k)(1) for an order compelling
such person to answer such question.
``(B) Compelled testimony.--If a person described
in subparagraph (A) refuses to answer any question on
the grounds of the privilege against self-
incrimination, the testimony of such person may be
compelled in accordance with the provisions of part V
of title 18, United States Code.
``(8) Witness fees and allowances.--Any person appearing
for oral testimony under a civil investigative demand issued
pursuant to subsection (a) shall be entitled to the same fees
and allowances that are paid to witnesses in the district
courts of the United States.
``(j) Custodians of Documents, Answers, and Transcripts.--
``(1) Designation.--The Attorney General, or the Attorney
General's designee shall designate--
``(A) an investigator to serve as custodian of
documentary material, answers to interrogatories, and
transcripts of oral testimony received under this
section; and
``(B) such additional investigators as the Attorney
General or designee determines from time to time to be
necessary to serve as deputies of the custodian.
``(2) Responsibility for materials; disclosure.--
``(A) In general.--An investigator who receives any
documentary material, answers to interrogatories, or
transcripts of oral testimony under this section shall
transmit such material to the custodian, who--
``(i) shall take physical possession of
such material, answers, or transcripts; and
``(ii) shall be responsible for the use
made of them and for the return of documentary
material in accordance with paragraph (4).
``(B) Preparation.--The custodian may cause the
preparation of such copies of such documentary
material, answers to interrogatories, or transcripts of
oral testimony as may be required for official use by
any investigator, or other officer or employee of the
Department of Justice. Such material, answers, and
transcripts may be used by any such authorized
investigator or other officer or employee in connection
with the taking of oral testimony under this section.
``(C) No examination.--Except as otherwise provided
in this subsection, no documentary material, answers to
interrogatories, or transcripts of oral testimony, or
copies thereof, while in the possession of the
custodian, may be made available for examination by any
individual other than an investigator or other officer
or employee of the Department of Justice authorized
under subparagraph (B). Such prohibition on the
availability of material, answers, or transcripts shall
not apply if consent is given by the person who
produced such material, answers, or transcripts, or, in
the case of any product of discovery produced pursuant
to an express demand for such material, consent is
given by the person from whom the discovery was
obtained. Nothing in this subparagraph may be construed
to prevent disclosure to Congress, including any
congressional committee or subcommittee, or to any
other agency of the United States for use by such
agency in furtherance of its statutory
responsibilities.
``(D) Examination by certain persons.--While in the
possession of the custodian and under such reasonable
terms and conditions as the Attorney General shall
prescribe--
``(i) documentary material and answers to
interrogatories shall be available for
examination by the person who produced such
material or answers, or by a representative of
that person authorized by that person to
examine such material and answers; and
``(ii) transcripts of oral testimony shall
be available for examination by the person who
produced such testimony, or by a representative
of that person authorized by that person to
examine such transcripts.
``(3) Use of material, answers, or transcripts in other
proceedings.--Whenever any attorney of the Department of
Justice has been designated to appear before any court, grand
jury, or Federal agency in any case or proceeding, the
custodian of any documentary material, answers to
interrogatories, or transcripts of oral testimony received
under this section may deliver to such attorney such material,
answers, or transcripts for official use in connection with any
such case or proceeding as such attorney determines to be
required. Upon the completion of any such case or proceeding,
such attorney shall return to the custodian any such material,
answers, or transcripts so delivered that have not passed into
the control of such court, grand jury, or agency through the
introduction thereof into the record of such case or
proceeding.
``(4) Conditions for return of material.--The custodian,
upon written request of the person who produced any documentary
material in the course of any investigation pursuant to a civil
investigative demand under this section, shall return to such
person any such material (other than copies furnished to the
investigator pursuant to subsection (g)(2) or made for the
Department of Justice pursuant to paragraph (2)(B)) that has
not passed into the control of any court, grand jury, or agency
through introduction into the record of such case or proceeding
if--
``(A) any case or proceeding before the court or
grand jury arising out of such investigation, or any
proceeding before any Federal agency involving such
material, has been completed; or
``(B) no case or proceeding in which such material
may be used has been commenced within a reasonable time
after completion of the examination and analysis of all
documentary material and other information assembled in
the course of such investigation.
``(5) Appointment of successor custodians.--
``(A) In general.--In the event of the death,
disability, or separation from service in the
Department of Justice of the custodian of any
documentary material, answers to interrogatories, or
transcripts of oral testimony produced pursuant to a
civil investigative demand under this section, or in
the event of the official relief of such custodian from
responsibility for the custody and control of such
material, answers, or transcripts, the Attorney General
or the Attorney General's designee shall promptly--
``(i) designate another investigator to
serve as custodian of such material, answers,
or transcripts; and
``(ii) transmit in writing to the person
who produced such material, answers, or
testimony notice of the identity and address of
the successor so designated.
``(B) Successor.--Any person who is designated to
be a successor pursuant to this paragraph shall have,
with regard to such material, answers, or transcripts,
the same duties and responsibilities as were imposed by
this section upon the predecessor in office of such
person, except that the successor shall not be held
responsible for any default or dereliction that
occurred before such designation.
``(k) Judicial Proceedings.--
``(1) Petition for enforcement.--Whenever any person fails
to comply with any civil investigative demand issued pursuant
to subsection (a), or whenever satisfactory copying or
reproduction of any material requested in such demand cannot be
done and such person refuses to surrender such material, the
Attorney General may file, in the district court of the United
States for any judicial district in which such person resides,
is found, or transacts business, and serve upon such person a
petition for an order of such court for the enforcement of such
civil investigative demand.
``(2) Petition to modify or set aside demand.--
``(A) In general.--Any person who has received a
civil investigative demand issued pursuant to
subsection (a) may file, in the district court of the
United States for the judicial district in which such
person resides, is found, or transacts business, and
serve upon the investigator identified in such demand a
petition for an order of the court to modify or set
aside such demand. In the case of a petition addressed
to an express demand for any product of discovery, a
petition to modify or set aside such demand may be
brought only in the district court of the United States
for the judicial district in which the proceeding in
which such discovery was obtained is or was last
pending. Any petition under this subparagraph shall be
filed--
``(i) not later than the earlier of--
``(I) the date that is 20 days
after the date of service of the civil
investigative demand; or
``(II) at any time before the
return date specified in the demand; or
``(ii) within such longer period as may be
prescribed in writing by any investigator
identified in the demand.
``(B) Grounds for relief.--Each petition filed
pursuant to subparagraph (A) shall specify each ground
upon which the petitioner relies in seeking relief, and
may be based upon any failure of the demand to comply
with the provisions of this section or upon any
constitutional or other legal right or privilege of
such person. During the pendency of the petition in the
court, the court may stay, as it deems proper, the
running of the time allowed for compliance with the
demand, in whole or in part, except that the person
filing the petition shall comply with any portions of
the demand not sought to be modified or set aside.
``(3) Petition to modify or set aside demand for product of
discovery.--
``(A) In general.--If a civil investigative demand
issued pursuant to subsection (a) is an express demand
for any product of discovery, the person from whom such
discovery was obtained may file, in the district court
of the United States for the judicial district in which
the proceeding in which such discovery was obtained is
or was last pending, and serve upon any investigator
identified in the demand and upon the recipient of the
demand, a petition for an order of such court to modify
or set aside those portions of the demand requiring
production of any such product of discovery. Any
petition under this subparagraph shall be filed--
``(i) not later than the earlier of--
``(I) the date that is 20 days
after the date of service of the civil
investigative demand; or
``(II) at any time before the
return date specified in the demand; or
``(ii) within such longer period as may be
prescribed in writing by any investigator
identified in the demand.
``(B) Grounds for relief.--Each petition filed
pursuant to subparagraph (A) shall specify each ground
upon which the petitioner relies in seeking relief, and
may be based upon any failure of the portions of the
demand from which relief is sought to comply with the
provisions of this section, or upon any constitutional
or other legal right or privilege of the petitioner.
During the pendency of the petition, the court may
stay, as it deems proper, compliance with the demand
and the running of the time allowed for compliance with
the demand.
``(4) Petition to require performance by custodian of
duties.--At any time during which any custodian is in custody
or control of any documentary material or answers to
interrogatories produced, or transcripts of oral testimony
given, by any person in compliance with any civil investigative
demand issued pursuant to subsection (a), such person, and in
the case of an express demand for any product of discovery, the
person from whom such discovery was obtained, may file, in the
district court of the United States for the judicial district
in which the office of such custodian is situated, and serve
upon such custodian, a petition for an order of such court to
require the performance by the custodian of any duty imposed
upon the custodian by this section.
``(5) Jurisdiction.--Whenever any petition is filed in any
district court of the United States pursuant to this
subsection, such court shall have jurisdiction to hear and
determine the matter so presented, and to enter such order or
orders as may be required to carry out the provisions of this
section. Any final order so entered shall be subject to appeal
under section 1291 of title 28, United States Code. Any
disobedience of any final order entered under this section by
any court shall be punished as a contempt of the court.
``(6) Applicability of federal rules of civil procedure.--
The Federal Rules of Civil Procedure shall apply to any
petition filed pursuant to this subsection, to the extent that
such rules are not inconsistent with the provisions of this
section.
``(l) Disclosure Exemption.--Any documentary material, answers to
written interrogatories, or oral testimony provided under any civil
investigative demand issued under subsection (a) shall be exempt from
disclosure under section 552 of title 5, United States Code, as
described in subsection (b)(3) of such section.
``(m) Definitions.--In this section:
``(1) Custodian.--The term `custodian' means the custodian,
or any deputy custodian, designated by the Attorney General
pursuant to subsection (j)(1).
``(2) Investigator.--The term `investigator' means any
attorney or investigator employed by the Department of Justice
who is charged with the duty of enforcing or carrying into
effect this Act, or any officer or employee of the United
States acting under the direction and supervision of such
attorney or investigator in connection with an investigation.
``(3) Official use.--The term `official use' means any use
that is consistent with the law and the regulations and
policies of the Department of Justice, including--
``(A) use in connection with internal Department of
Justice memoranda and reports;
``(B) communications between the Department of
Justice and a Federal, State, or local government
agency, or a contractor of a Federal, State, or local
government agency, undertaken in furtherance of a
Department of Justice investigation or prosecution of a
case;
``(C) oral examinations;
``(D) depositions;
``(E) preparation for and response to civil
discovery requests;
``(F) introduction into the record of a case or
proceeding;
``(G) applications, motions, memoranda and briefs
submitted to a court or other tribunal; and
``(H) communications with Government investigators,
auditors, consultants and experts, the counsel of other
parties, arbitrators and mediators, concerning an
investigation, case or proceeding.
``(4) Product of discovery.--The term `product of
discovery' includes--
``(A) the original or duplicate of any deposition,
interrogatory, document, thing, result of the
inspection of land or other property, examination, or
admission, which is obtained by any method of discovery
in any judicial or administrative proceeding of an
adversarial nature;
``(B) any digest, analysis, selection, compilation,
or derivation of any item listed in subparagraph (A);
and
``(C) any index or other manner of access to any
item listed in subparagraph (A).
``(n) Sunset.--The authority of the Attorney General to issue a
civil investigative demand under this section shall expire upon the
expiration of the 5-year period that begins on the date of enactment of
this section.''.
SEC. 106. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on the date
that is 180 days after the date of the enactment of this Act.
Subtitle B--Other Actions To Counter CCP Malign Influence
SEC. 111. PROHIBITION ON CERTAIN GIFTS AND CONTRACTS FROM THE PRC TO
CERTAIN UNITED STATES INSTITUTIONS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(2) Contract.--The term ``contract'' means any agreement to
acquire, by purchase, lease, or barter, property or services
for the direct benefit or use of either of party to the
agreement.
(3) Covered prc person.--The term ``covered PRC person''
means a person that, according to unclassified or publicly
available information--
(A) is a current or former member of the People's
Liberation Army of the People's Republic of China;
(B) is currently, or was formerly, employed in any
security or intelligence service of the People's
Republic of China;
(C) is, or is affiliated with, an entity identified
by the Secretary of Defense under section 1260H(a) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 113 note) as a Chinese military company
operating directly or indirectly in the United States;
(D) is, or is affiliated with, any entity that is
included in the Non-SDN Chinese Military-Industrial
Complex Companies List maintained by the Office of
Foreign Assets Control of by the Department of the
Treasury;
(E) is, or is affiliated with, the United Front
Work Department of the Government of the People's
Republic of China or any subsidiary or affiliate
organization, or is otherwise involved in activities
that support the goals of the United Front Work
Department;
(F) is an employee of any entity owned or
controlled by the Government of the People's Republic
of China;
(G) is or was an employee of any entity on the
Entity List maintained by the Bureau of Industry and
Security of the Department of Commerce and set forth in
Supplement No. 4 to part 744 of title 15, Code of
Federal Regulations;
(H) is or was an employee of an entity organized
under the laws of the People's Republic of China that--
(i) is in noncompliance with the auditing
rules and standards of the Public Company
Accounting Oversight Board; or
(ii) has been sanctioned by the Public
Company Accounting Oversight Board;
(I) is a think tank directed or funded by the
Chinese Communist Party or any entity of the Government
of the People's Republic of China;
(J) is any state key laboratory, including any
defense science and technology state key laboratory
identified in the 2022 report of the China Aerospace
Studies Institute of the Department of the Air Force
entitled ``The PRC State & Defense Laboratory System
Part Two: Defense S&T Key Lab Directory'' that is--
(i) working on critical emerging
technologies, including advanced computing,
advanced engineering materials, advanced gas
turbine engine technologies, advanced
manufacturing, advanced and networked sensing
and signature management, advanced nuclear
energy technologies, artificial intelligence,
autonomous systems and robotics,
biotechnologies, communication and networking
technologies, directed energy, financial
technologies, human-machine interfaces,
hypersonics, networked sensors and sensing,
quantum information technologies, renewable
energy generation and storage, semiconductors
and microelectronics, or space technologies and
systems; and
(ii) affiliated with, controlled, or
administratively managed by an agency of the
Government of the People's Republic of China,
the Chinese Academy of Sciences, or the Polar
Research Institute of China; or
(K) is, or was affiliated with, any entity owned or
controlled by an agency or instrumentality of any
person described in any of subparagraphs (A) through
(J).
(4) Covered united states institution.--The term ``covered
United States institution'' means any public or private
institution or, if a multicampus institution, any single campus
of such institution, in any State--
(A) that is legally authorized within such State to
provide a program of education beyond secondary school;
(B) that provides a program for which the
institution awards a bachelor's degree (or provides not
less than a 2-year program which is acceptable for full
credit toward such a degree) or a more advanced degree;
(C) that is accredited by a nationally recognized
accrediting agency or association; and
(D) to which the Federal Government extends Federal
financial assistance (directly or indirectly through
another entity or person), or that receives support
from the extension of Federal financial assistance to
any of the institution's subunits.
(5) Critical technologies.--The term ``critical
technologies'' has the meaning given such term in section
721(a)(6) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)(6)).
(6) Foreign source.--The term ``foreign source'' means--
(A) a foreign government, including an agency of a
foreign government;
(B) a legal entity, governmental or otherwise,
created solely under the laws of a foreign state or
states;
(C) an individual who is not a citizen or a
national of the United States or a trust territory or
protectorate thereof; and
(D) an agent, including a subsidiary or affiliate
of a foreign legal entity, acting on behalf of a
foreign source.
(7) Freely associated states.--The term ``Freely Associated
States'' means the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.
(8) Gift.--The term ``gift'' means any gift of money or
property.
(9) Restricted or conditional gift or contract.--The term
``restricted or conditional gift or contract'' means any
endowment, gift, grant, contract, award, present, or property
of any kind that includes provisions regarding--
(A) the employment, assignment, or termination of
faculty;
(B) the establishment of departments, centers,
research or lecture programs, or new faculty positions;
(C) the selection or admission of students; or
(D) the award of grants, loans, scholarships,
fellowships, or other forms of financial aid restricted
to students of a specified country, religion, sex,
ethnic origin, or political opinion.
(10) State.--The term ``State'' includes, in addition to
the several States of the United States, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, American Samoa,
the United States Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and the Freely Associated States.
(11) State key laboratory.--The term ``state key
laboratory'' means an institution in the People's Republic of
China that has been categorized as a national laboratory or
state key laboratory by, and receives funding, policy,
developmental guidance, or administrative support from, the
Government of the People's Republic of China.
(b) Prohibition.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall prescribe
regulations to prohibit a covered United States institution
from accepting a gift from, or entering into a contract with, a
covered PRC person if--
(A)(i) the value of the gift or contract equals or
exceeds $1,000,000; or
(ii) including the gift or contract, the institution would
receive, directly or indirectly, more than 1 gift from or enter
into more than 1 contract, directly or indirectly, with the
same covered PRC person, the aggregate of which, during a
period of 2 consecutive calendar years, would equal or exceed
$1,000,000; and
(B) the gift or contract--
(i) relates to research, development, or
production of critical technologies and
provides the covered PRC person making the gift
or providing the contract--
(I) access to regulated or
unregulated United States-developed
information, technology, or data in the
possession of the institution; or
(II) rights, including early
access, to intellectual property
created by or in the possession of the
institution; or
(ii) except as provided under paragraph
(2), is a restricted or conditional gift or
contract.
(2) Exception for operating agreements for branches of
covered united states institutions.--The Secretary shall
include, in the regulations prescribed pursuant to paragraph
(1), an exception to the prohibition under such paragraph for a
contract between a covered United States institution and a
branch of such institution located in the People's Republic of
China that provides funding for the operation of such branch.
(c) Penalties.--
(1) Fine.--
(A) In general.--A covered United States
institution that accepts a gift or enters into a
contract in violation of subsection (b) shall be
fined--
(i) for the first such violation, not more
than $250,000;
(ii) for the second such violation, not
more than $500,000; and
(iii) for the third such violation or a
subsequent such violation, not more than the
greater of--
(I) $1,000,000; or
(II) the total value of the gift or
contract, as the case may be.
(B) Availability of fines to administer this
section.--
(i) Establishment of fund.--There is
established in the Treasury of the United
States a fund, consisting of such amounts as
may be transferred to the fund pursuant to
clause (ii).
(ii) Transfer of amounts.--The Secretary of
the Treasury shall transfer to the fund
established under clause (i), from the general
fund of the Treasury, an amount determined by
the Secretary to be equivalent to the amount
received in the general fund and attributable
to fines collected under subparagraph (A)
during fiscal year 2024 and during each fiscal
year thereafter.
(iii) Availability and use of amounts.--
Amounts in the fund established under clause
(i) shall be available, as provided in advance
in appropriations Acts, to the Secretary for
fiscal year 2025 and for each fiscal year
thereafter to carry out this section.
(2) Requirement to return gift or terminate contract.--A
covered United States institution that accepts a gift or enters
into a contract in violation of subsection (b) shall return the
gift or terminate the contract, as the case may be.
(3) Restriction on funding from the department of state.--
(A) In general.--A covered United States
institution that accepts a gift or enters into a
contract in violation of subsection (b) is ineligible
to receive any grant or other funding from the
Department of State during the 5-year period beginning
on the date on which the institution accepts such gift
or enters into such contract, as the case may be.
(B) Restriction on grantees doing business with
violators.--A person that receives a grant or other
funding from the Department of State may not, as a
condition of the grant or funding, conduct any business
with a covered United States institution that accepts a
gift or enters into a contract in violation of
subsection (b) during the 5-year period beginning on
the date on which the institution accepts such gift or
enters into such contract, as the case may be.
(4) Waiver.--
(A) Authorization.--The Secretary may waive the
application of not more than 2 of the penalties under
paragraphs (1) through (3), with respect to a covered
United States institution that accepts a gift or enters
into a contract in violation of subsection (b), if the
President--
(i) determines that--
(I) such waiver is in the national
security interest of the United States;
and
(II) such gift or contract does not
result in any restrictions on academic
freedom or freedom of expression within
the United States; and
(ii) not later than 15 days after making
such determination, submits to the chairperson
and ranking member of the appropriate
committees of Congress a written report
regarding such determination that includes a
detailed justification for the determination.
(B) Elements.--Each report submitted pursuant to
subparagraph (A)(ii) shall--
(i) be accompanied by materials submitted
by the covered United States institution that
accepted a gift or entered into a contract in
violation of subsection (b) disclosing--
(I) the covered PRC person that
provided the gift or with which the
contract was entered into;
(II) the nature of the gift or
contract; and
(III) the purpose of the gift or
contract; and
(ii) include a detailed justification for
why the gift or contract does not result in--
(I) harm to the national security
of the United States; or
(II) any restrictions on academic
freedom or freedom of expression within
the United States.
(d) Guidance.--The regulations prescribed pursuant to subsection
(b)(1) shall--
(1) provide guidance to covered United States institutions
with respect to complying with this section; and
(2) provide a specific point of contact through which
covered United States institutions can communicate with the
Department of State on matters relating to compliance with this
section.
(e) Disclosure Reports.--
(1) In general.--A covered United States institution shall
submit to the Secretary a disclosure report relating to any
gift or contract received from or entered into with a foreign
source described in paragraph (5) that includes--
(A) the aggregate dollar amount or value of the
gift or contract;
(B) a detailed description of the nature and
purpose of the gift or contract, including--
(i) whether such gift or contract relates
to the research, development, or production of
critical technologies and, if so, a description
of the nature of such relationship; and
(ii) whether it is a restricted or
conditional gift or contract and, if so, a
description of the restrictions or conditions
on the gift or contract;
(C) in the case of a gift or contract that relates
to the research, development, or production of critical
technologies or that is a restricted or conditional
gift or contract, a justification for why the gift or
contract does not result in--
(i) harm to the national security of the
United States; or
(ii) any restrictions on academic freedom
or freedom of expression within the United
States;
(D) the name and verified address of the foreign
source;
(E) a description of any due diligence conducted by
such institution before accepting the gift or entering
into the contract; and
(F) an assurance that such institution will--
(i) maintain a true copy of the gift or
contract agreement until the later of--
(I) the date that is 4 years after
the date on which such institution
entered into such agreement; or
(II) the date on which such
agreement terminates;
(ii) produce a true copy of the gift or
contract agreement upon the request of the
Secretary during an audit of the compliance of
the institution with this section or another
institutional investigation; and
(iii) ensure that all gifts and contracts
from the foreign source are translated into
English by a third party that is unaffiliated
with the foreign source or institution.
(2) Provision of information to congress on request.--
(A) In general.--The Secretary shall provide the
information described in subparagraph (B) to the
chairperson or ranking member of the Committee on
Foreign Relations of the Senate or the Committee on
Foreign Affairs of the House of Representatives not
later than 15 days after receiving a request from the
chairperson or ranking member for such information.
(B) Information described.--The information
described in this subparagraph, with respect to any
disclosure report submitted under paragraph (1) is--
(i) any information required to be included
in the report; and
(ii) a justification for any decision by
the Secretary with respect to the gift or
contract that is the subject of the report.
(3) Public information.--The Secretary shall make public,
in a searchable database, with respect to each gift or contract
that is the subject of a disclosure report submitted under
paragraph (1)--
(A) the aggregate dollar amount or value of the
gift or contract;
(B) a summary of the purpose of the gift or
contract, including--
(i) whether the gift or contract relates to
the research, development, or production of
critical technologies and, if so, a description
of the nature of such relationship; and
(ii) whether it is a restricted or
conditional gift or contract and, if so, a
description of the restrictions or conditions
on the gift or contract; and
(C) with respect to the foreign source from which
the gift was received or with which the contract was
entered into--
(i) in the case of a foreign source that is
an individual, the primary professional
affiliation of the individual; and
(ii) in the case of a foreign source that
is an entity, the name and verified address of
the entity.
(4) Condition.--A gift received from, or a contract entered
into with, a foreign source described in paragraph (5) may not
be disclosed to the Department of State or to the chairperson
or ranking member of the Committee on Foreign Relations of the
Senate or of the Committee on Foreign Affairs of the House of
Representatives, or publicly reported, as anonymous.
(5) Foreign sources described.--A foreign source described
in this paragraph is a foreign source that is--
(A) the Chinese Communist Party or the Government
of the People's Republic of China, including an agency
of such government;
(B) a legal entity (governmental or otherwise)
created solely under the laws of the People's Republic
of China;
(C) an individual who is a citizen or a national of
the People's Republic of China; or
(D) an agent, including a subsidiary or affiliate
of a foreign legal entity, acting on behalf of--
(i) the Chinese Communist Party or the
Government of the People's Republic of China;
or
(ii) an entity or individual described in
subparagraph (B) or (C).
(f) Report.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, and annually thereafter for a period
of 7 years, the Secretary shall submit to the appropriate
committees of Congress a report that--
(A) describes steps taken during the period
described in paragraph (2) to implement this section;
(B) includes information or recommendations to
improve the implementation of this section; and
(C) includes any other information the Secretary
considers relevant.
(2) Period described.--The period described in this
paragraph is--
(A) in the case of the first report required by
paragraph (1), the 2-year period beginning on the date
of the enactment of this Act; and
(B) in the case of any subsequent such report, the
1-year period preceding submission of the report.
(3) Form of report.--
(A) In general.--The report required by paragraph
(1) shall be submitted in unclassified form, but
(subject to subparagraph (B)) may include a classified
annex.
(B) Material required to be unclassified.--The
Secretary shall include all information on foreign
donations received by covered United States
institutions in the unclassified portion of the report
required by paragraph (1).
SEC. 112. REQUIREMENT FOR THINK TANKS TO DISCLOSE FOREIGN FUNDING.
(a) Definitions.--In this section:
(1) Covered organization.--The term ``covered
organization'' means any United States think tank that--
(A) receives at least $2,500 in funding from the
Department in a single fiscal year;
(B) has significant participation in more than 3
Department-hosted events in a fiscal year that relate
to a subject or purpose for which the covered source of
funding was provided to the covered organization; or
(C) hosts an event, panel, presentation, or meeting
with any Department official at the Office Director
level or above more than 3 times in a fiscal year on a
subject or purpose for which the covered source of
funding was provided to the covered organization.
(2) Foreign governmental entity.--The term ``foreign
governmental entity'' means--
(A) any department, agency, or other entity of a
foreign government at the national, regional, or local
level;
(B) any governing party or coalition of a foreign
government at the national, regional, or local level;
(C) any entity majority-owned or majority-
controlled by a foreign government at the national,
regional, or local level; or
(D) any company, economic project, cultural
organization, exchange program, or nongovernmental
organization that is more than 33 percent owned or
controlled by the government of such country, or their
advisors, consultants, or representatives.
(3) Think tank.--The term ``think tank'' means a stand-
alone institution, organization, corporation, or group that
studies public policy issues with the primary objective of
providing information, ideas, and recommendations to United
States Government entities regarding the development and
implementation of policy.
(b) Rulemaking.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall develop and
promulgate regulations requiring covered organizations to
submit an annual disclosure to the Under Secretary of State for
Management that describes--
(A) any funding, cooperative research or staffing
agreements, or joint projects received from or executed
with the covered sources of funding specified in
paragraph (2) the purpose or subject of which relates
to a topic such covered organizations engage on with
the Department; and
(B) any practices or processes undertaken by a
covered organization to ensure that its research agenda
or products are not influenced by foreign donors.
(2) Covered sources of funding.--The sources of funding
referred to in paragraph (1) are foreign governmental entities
and political parties from the People's Republic of China, the
Islamic Republic of Iran, or the Russian Federation.
(c) Report.--Not later than 120 days after the effective date of
the regulations promulgated pursuant to subsection (b), the Secretary
shall submit a report to the appropriate congressional committees that
describes--
(1) the status of implementing such regulations and any
challenges or obstacles to implementation;
(2) the offices within the Department responsible for
implementing the regulations; and
(3) any recommendations to improve upon such regulations.
SEC. 113. AMENDMENT TO THE MUTUAL EDUCATION AND CULTURAL EXCHANGE ACT
OF 1961.
(a) Exclusion of Government of the People's Republic of China From
Certain Cultural Exchanges; Required Reviews.--Section 108A of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2458a)
is amended--
(1) in subsection (a), by adding at the end the following:
``(3) For purposes of this section, the term `foreign
government' does not include the Government of the People's
Republic of China.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Reviews.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the STRATEGIC Act of 2024, and every 3 years
thereafter, subject to the exception in paragraph (3), the
Secretary shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives that contains a review of each
educational or cultural exchange program approved in accordance
with this section to ensure such programs continue to adhere to
the purposes set forth in section 101.
``(2) Contents.--The report required under paragraph (1)
shall include--
``(A) information, including agendas or
itineraries, of activities carried out pursuant to
programs authorized under this section during the
covered reporting period; and
``(B) with respect to each cultural exchange
program, a written assessment and determination by the
Assistant Secretary of State for Educational and
Cultural Affairs and the Assistant Secretary of State
of the regional bureau responsible for the country or
countries in which the educational or cultural exchange
takes place regarding whether the program continues to
adhere to the purposes set forth in section 101, based
on the information collected pursuant to subparagraph
(A) and other relevant information jointly submitted by
such officials.
``(3) White list exception.--
``(A) In general.--For any program that takes place
within a country that is a United States ally or close
strategic partner and has been approved in accordance
with this section, the Department of State, following
the submission of the second report required under
paragraph (1), may place such program on a list of
programs authorized under this Act that the Secretary
determines, in 2 consecutive reports submitted pursuant
to this subsection, have demonstrated a track record of
full compliance with the purposes set forth in section
101. The list identifying such programs shall be
referred to in this paragraph as the `MECEA White
List'.
``(B) MECEA white list requirements.--The MECEA
White List shall be--
``(i) submitted as an addendum to the
review required under this section; and
``(ii) reviewed not less frequently than
every 6 years.
``(C) Exception to review.--The review requirement
described in paragraph (1) shall not apply with respect
to any program that is included on the MECEA White
List.
``(D) Countries ineligible for white list.--The
MECEA White List shall not include trips or exchanges
to the Bolivarian Republic of Venezuela, the People's
Republic of China, the Republic of Cuba, the Republic
of Nicaragua, or the Russian Federation.
``(4) Rule of construction.--The Secretary is not required
to provide advanced approval of a specific or individual trip
or activity if such trip or activity is undertaken as part of a
program reviewed and approved in accordance with this section.
``(d) Remediation and Termination.--If the Secretary determines
that a program is no longer in compliance with the purposes set forth
in section 101, the Secretary--
``(1) shall make all efforts to work with the foreign
government with whom the agreement for such program has been
made on remediation to ensure the program is in full compliance
with the purposes set forth in section 101; and
``(2) if the efforts described in paragraph (1) fail to
ensure such compliance, is authorized to suspend or terminate
such program.''.
(b) Reporting Requirements With Respect to Participation by United
States Entities in Cultural Exchange Programs Involving the People's
Republic of China.--The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.) is amended by inserting after section
108A the following:
``SEC. 108B. REPORTING REQUIREMENTS WITH RESPECT TO PARTICIPATION BY
UNITED STATES ENTITIES IN CULTURAL EXCHANGE PROGRAMS
INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
``(a) Sense of Congress.--It is the sense of Congress that State
and local entities in the United States and other organizations and
individuals in the United States who sponsor, carry out, or otherwise
participate in cultural, educational, or economic exchange programs
with the People's Republic of China should adopt measures to facilitate
rigorous oversight of such programs and corresponding activities
conducted pursuant to such programs, including compliance with the
oversight requirements described in this section, as applicable.
``(b) Initial Certification to Congress.--Not later than 30 days
before entering into an agreement to establish or reestablish any
exchange program that involves the Government of the People's Republic
of China, the Secretary shall certify to the appropriate congressional
committees that--
``(1) establishing or reestablishing such program is in the
national interests of the United States;
``(2) such program will adhere to the purposes set forth in
section 101; and
``(3) the Department of State has established mechanisms
requiring each United States entity supporting or carrying out
such program to submit to the Department of State, not later
than October 30 of each year, a report that includes, with
respect to all programs in which executive branch employees or
nongovernmental employees participated in the most recently
concluded fiscal year--
``(A) the total number of cultural exchange
activities conducted by such entity pursuant to section
108A;
``(B) a description and purpose of each such
activity;
``(C) a detailed agenda or itinerary for each such
activity;
``(D) the total number and agency affiliations of
the participants of each such activity;
``(E) any indication of whether any of the
participants during the reporting period participated
in another activity authorized under section 108A that
involves the People's Republic of China during the
preceding 2-year period; and
``(F) a summary of any feedback that was collected
on a voluntary basis from participants in an activity
authorized under section 108A, including any actions or
behavior by the People's Republic of China that
potentially undermine the purposes of set forth in
section 101; and
``(4) the Department of State has established mechanisms
requiring each United States entity supporting or carrying out
such program to submit to the Department of State, not less
frequently than annually, a report that includes, with respect
to all programs in which legislative branch employees
participate--
``(A) the total number of cultural exchange
activities conducted by the entity pursuant to section
108A;
``(B) a description and purpose of each such
activity;
``(C) a detailed agenda or itinerary for each such
activity;
``(D) the total number and congressional
affiliations of the participants of each such activity;
``(E) any indication of whether any of the
participants during the reporting period participated
in another activity authorized under section 108A that
involves the People's Republic of China during the
preceding 2-year period; and
``(F) a summary of any feedback that was collected
on a voluntary basis from participants in, or observers
of, an activity authorized under section 108A,
including any actions or behavior by the People's
Republic of China that potentially undermines the
purposes set forth in section 101.
``(c) Annual Certifications to Congress.--
``(1) In general.--Not later than 1 year after establishing
or reestablishing a cultural exchange program described in
subsection (b), and annually thereafter through September 30,
2029, the Secretary shall submit a certification to the
appropriate congressional committees that indicates whether--
``(A) the continuation of such exchange program is
in the national interests of the United States,
including a justification for such assessment;
``(B) the program is adhering to the purposes set
forth in section 101, including a justification for
such assessment; and
``(C) the mechanisms described in paragraphs (3)
and (4) of subsection (b) provide the Department of
State sufficient transparency and oversight of such
program and its activities, and an explanation of such
mechanisms.
``(2) Failure to certify.--If the Secretary fails to
certify that all of the requirements described under paragraph
(1) have been met with respect to a cultural exchange program
described in subsection (b), the Secretary shall--
``(A) suspend such program until the Secretary is
able make such a certification; or
``(B) terminate the corresponding agreement
described in subsection (b).
``(d) Transparency Report.--
``(1) In general.--The Secretary shall include, with the
annual certification required under subsection (c), a detailed
summary of the reports received pursuant to paragraphs (3) and
(4) of subsection (b) from United States entities that are
carrying out or otherwise participating in a cultural exchange
program that involves the Government of the People's Republic
of China.
``(2) Matters to be included.--The summary required under
paragraph (1) shall include, with respect to the reporting
period--
``(A) the total number of cultural exchange
programs conducted;
``(B) the total number of participants in such
cultural exchange programs;
``(C) a list of the agency that employs each such
participant;
``(D) an overview of such cultural exchange
programs, including the inclusion of not fewer than 3
sample itineraries or agendas and illustrative examples
of activities in which participants engaged;
``(E) an assessment of whether such cultural
programs comply with purposes set forth in section 101,
including a description of any noticeable deviations
from such purposes;
``(F) a description of all actions taken by the
Department of State to remediate deviations from such
purposes; and
``(G) a detailed rationale for continuing each such
program despite any deviations described in such
summary.
``(3) Form of report.--The summary required under paragraph
(1) shall be submitted in unclassified form.
``(e) Failure of United States Entity To Report.--The Secretary
shall promulgate regulations to disqualify any United States entity
from carrying out any activities associated with a cultural exchange
program described in subsection (b) if such entity fails to comply with
the reporting requirements described in subsection (b)(4) until the
sooner of--
``(1) 1 year after the first day of such disqualification;
or
``(2) the date on which such entity is in full compliance
with the reporting requirements described in subsection (b)(4).
``(f) Additional Matters.--
``(1) Notification requirement.--Any legislative branch
employee who participates in an activity covered by an
agreement described in subsection (b) with the People's
Republic of China shall notify the congressional entities
listed in paragraph (2)--
``(A) not later than 10 days before the beginning
of such activity, of the dates of travel, the agenda or
itinerary of such activity as of the date of
submission, and an indication of whether the employee
has participated in an activity covered by such an
agreement during either of the preceding 2 calendar
years; and
``(B) not later than 10 days after the end of such
activity, of the final agenda or itinerary relating to
such activity.
``(2) Congressional entities described.--The congressional
entities listed in this paragraph are--
``(A) the majority leader and minority leader of
the Senate;
``(B) the Select Committee on Ethics of the Senate;
``(C) the Committee on Foreign Relations of the
Senate;
``(D) the Speaker and minority leader of the House
of Representatives;
``(E) the Committee on Ethics of the House of
Representatives; and
``(F) the Committee on Foreign Affairs of the House
of Representatives.
``(3) Monitoring.--In order to monitor and evaluate
activities covered by an agreement described in subsection (b)
to ensure compliance with the purposes set forth in section
101, United States diplomats shall be permitted to observe
activities in which--
``(A) executive branch employees participate; or
``(B) legislative branch employees participate,
with the concurrence of such legislative branch
employees.
``(g) Rulemaking.--The Secretary shall promulgate regulations to
carry out this section.''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of State $45,000,000, for fiscal year
2025, for the purposes of exchange support within the Bureau of
Educational and Cultural Affairs, including creating 1 new position to
support the implementation and oversight of programs authorized under
the Mutual Educational and Cultural Exchange Act of 1961, as amended by
this section.
SEC. 114. ESTABLISHMENT OF COUNTERING THE PEOPLE'S REPUBLIC OF CHINA
INFLUENCE FUND.
(a) Definitions.--In this section:
(1) CCP.--The term ``CCP'' means the Chinese Communist
Party.
(2) Fund.--The term ``Fund'' means the Countering the
People's Republic of China Influence Fund established under
subsection (b).
(3) Malign influence.--The term ``malign influence'', with
respect to the Government of the PRC and the CCP, includes acts
conducted by the Government of the PRC, the CCP, or entities
acting on their behalf, that--
(A) undermine a free and open international order;
(B) advance an alternative, repressive
international order that--
(i) bolsters the hegemonic ambitions of the
Government of the PRC and the CCP; and
(ii) is characterized by coercion and
dependency;
(C) undermine the national security or sovereignty
of the United States or of other countries; or
(D) undermine the economic security of the United
States or of other countries, including by promoting
corruption and advancing coercive economic practices.
(b) Countering the People's Republic of China Influence Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a trust fund, which--
(A) shall be known as the ``Countering the People's
Republic of China Influence Fund''; and
(B) shall consist of such amounts as may be
appropriated or otherwise made available to the Fund
pursuant to paragraph (2).
(2) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the Fund, for each of the fiscal years
2025 through 2029, $400,000,000, which shall be used to
counter the influence of the Government of the PRC and
the CCP and entities acting on their behalf globally,
and shall be in addition to amounts otherwise
authorized to be appropriated to counter such
influence.
(B) Availability of funds.--Amounts appropriated to
the Fund pursuant to subparagraph (A) shall remain
available until expended.
(c) Notification; Consultation.--Amounts in the Fund--
(1) shall be subject to the notification requirements under
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1); and
(2) may not be obligated without prior consultation with--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(d) Policy Guidance, Coordination, and Approval.--
(1) Coordinator.--The Secretary shall designate an existing
senior official of the Department of State at the rank of
Assistant Secretary or above to provide policy guidance,
coordination, and approval for the obligation of amounts
appropriated pursuant to subsection (b)(2).
(2) Duties.--The senior official designated pursuant to
paragraph (1) shall--
(A) annually identify specific strategic priorities
for using amounts in the Fund, such as geographic areas
of focus or functional categories of programming within
which such amounts are to be concentrated, in
accordance with the national interests of the United
States and the purposes of this section;
(B) coordinate and approve all programming
conducted using amounts in the Fund, based on an
assessment that such programming directly counters the
malign influence of the Government of the PRC and the
CCP (including specific activities or policies advanced
by the Government of the PRC or the CCP), pursuant to
the strategic objectives of the United States
established in the 2017 National Security Strategy, the
2018 National Defense Strategy, and other relevant
national and regional strategies;
(C) ensure that all approved programming--
(i) bears a sufficiently direct nexus to
acts by the Government of the PRC or the CCP
described in subsection (a)(3); and
(ii) adheres to the requirements described
in subsection (e); and
(D) conduct oversight, monitoring, and evaluation
of the effectiveness of all programming conducted using
the amounts appropriated pursuant to subsection (b)(2)
to ensure that it advances United States interests and
degrades the ability of the Government of the PRC or
the CCP, to advance activities that align with the
efforts described in subsection (e).
(3) Interagency coordination.--The senior official
designated pursuant to paragraph (1), in coordinating and
approving programming pursuant to paragraph (2), shall seek--
(A) to conduct appropriate interagency
consultation; and
(B) to ensure, to the maximum extent practicable,
that all approved programming functions in concert with
other Federal activities to counter the malign
influence and activities of the Government of the PRC
or the CCP.
(4) Assistant coordinator.--The Administrator of the United
States Agency for International Development shall designate a
senior official at the rank of Assistant Administrator or above
to assist and consult with the senior official designated
pursuant to paragraph (1), particularly with respect to such
assistance handled by USAID.
(e) Countering Malign Influence.--In this section, countering
malign influence through the use of amounts in the Fund shall include
efforts--
(1) to promote transparency and accountability, and reduce
corruption, including in governance structures targeted by the
malign influence of the Government of the PRC or the CCP;
(2) to support civil society and independent media to raise
awareness of, and increase transparency regarding, the negative
impact of activities and initiatives of the Government of the
PRC, the CCP, and entities acting on their behalf, including
the Global Security Initiative, the Global Development
Initiative, the Global Civilization Initiative, the Belt and
Road Initiative, associated initiatives, and other economic
initiatives with strategic or political purposes, and coercive
economic practices;
(3) to counter transnational criminal networks that
benefit, or benefit from, the malign influence of the
Government of the PRC, the CCP, or entities acting on their
behalf;
(4) to encourage economic development structures that help
protect against predatory lending schemes, including support
for market-based alternatives in key economic sectors, such as
digital economy, energy, and infrastructure;
(5) to counter activities that provide undue influence to
the security forces of the PRC;
(6) to expose foreign influence operations and propaganda
of the Government of the PRC, the CCP, and entities acting on
their behalf;
(7) to counter efforts by the CCP to legitimize or promote
authoritarian ideology and governance models, including its
model of a state-dominated cyber and digital ecosystem;
(8) to counter efforts by the Government of the PRC, the
CCP, or entities acting on their behalf to silence, intimidate,
or exact reprisal against individuals outside of the PRC's
internationally recognized sovereign borders, including members
of diaspora populations, such as political opponents, repressed
religious or spiritual practitioners, marginalized ethnic
community members, civil society activists, human rights
defenders, researchers, and journalists;
(9) to provide alternatives to problematic PRC technology
offerings which could provide the Government of the PRC undue
access to, or influence over, global data flows or sensitive
information and compete with problematic PRC efforts to
leverage or make gains in the development of advanced and
emerging technologies;
(10) to counter PRC activities that directly enable
critical supply chain monopolization or other monopolistic
practices;
(11) to counter aggressive PRC efforts to make inroads into
the nuclear energy sectors of countries to the detriment of
United States national security, strategic, and
nonproliferation interests; and
(12) to counter efforts by the Government of the PRC, the
CCP, and entities acting on their behalf to undermine the
democratic processes and institutions of United States allies
and partners.
SEC. 115. NOTIFICATION REQUIREMENT FOR PARTICIPATION OF DEPARTMENT OF
STATE AND USAID OFFICIALS IN PRIVATE EVENTS THAT INCLUDE
THE PARTICIPATION OF SPECIALLY DESIGNATED AND BLOCKED
PERSONS.
(a) Definitions.--In this section:
(1) Officials.--The term ``officials'' means 1 or more
individuals who are employed directly or through a contractual
arrangement by the Department of State or the United States
Agency for International Development.
(2) Private event.--The term ``private event'' means any
organized workshop, conference, forum, summit, or other
gathering that is primarily organized and financially sponsored
by an organization, business, or other entity that is not part
of the United States Government, a foreign government, or a
multilateral institution.
(b) Notification Requirement.--Not later than 15 days before
officials attend a private event held outside the United States
involving the participation of an individual or entity on the Specially
Designated Nationals and Blocked Persons List maintained by the Office
of Foreign Assets Control, the Secretary or the Administrator of the
United States Agency for International Development shall submit a
notification to the appropriate congressional committees that
includes--
(1) the name, position, and relevant department or agency
of such officials;
(2) the name, organizers, and dates of the private event;
(3) the names of all specially designated nationals who
will be attending the private event; and
(4) a certification and associated justification that the
participation of the officials in a private event alongside
specially designated nationals is in the national interest of
the United States.
(c) Limitation on Use of Funds.--No Federal funds may be used to
support any private event held outside the United States that--
(1) promotes commercial engagement, including with the
United States private sector; and
(2) includes the participation of specially designated
nationals or blocked persons.
SEC. 116. DETERMINATION WITH RESPECT TO IMPOSITION OF SANCTIONS WITH
RESPECT TO UNITED FRONT WORK DEPARTMENT OF CHINESE
COMMUNIST PARTY.
(a) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Foreign Relations of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(5) the Committee on the Judiciary of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Foreign Affairs of the House of
Representatives;
(8) the Permanent Select Committee on Intelligence of the
House of Representatives;
(9) the Committee on Financial Services of the House of
Representatives; and
(10) the Committee on the Judiciary of the House of
Representatives.
(b) Determination.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a determination, including a
detailed justification, of whether the United Front Work
Department of the Chinese Communist Party, or any component or
official of such Department, meets the criteria for the
application of sanctions pursuant to--
(A) section 1263 of the Global Magnitsky Human
Rights Accountability Act (22 U.S.C. 10102);
(B) section 6 of the Uyghur Human Rights Policy Act
of 2020 (Public Law 116-145; 22 U.S.C. 6901 note);
(C) section 7 of the Hong Kong Human Rights and
Democracy Act of 2019 (Public Law 116-76);
(D) Executive Order 13694 (50 U.S.C. 1701 note;
relating to blocking property of certain persons
engaged in significant malicious cyber-enabled
activities); or
(E) Executive Order 13848 (50 U.S.C. 1701 et seq.;
relating to foreign interference in United States
elections).
(2) Form.--The determination required under paragraph (1)
shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 117. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT
PROGRAMS OF THE PRC.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the Attorney
General, the Secretary of Defense, and the Director of National
Intelligence, shall compile and publish in the Federal Register a list
of foreign talent recruitment programs of the People's Republic of
China.
(b) Annual Review and Revision.--Not less frequently than annually,
the Secretary shall--
(1) review and revise the list compiled pursuant to
subsection (a); and
(2) publish such revised list in the Federal Register.
SEC. 118. OVERSIGHT ON CLIMATE COOPERATION WITH THE PRC.
(a) Report on Climate Cooperation With the PRC.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary shall submit a report to the appropriate
congressional committees that describes United States climate-
related engagements with the PRC, including--
(A) all dialogues, working groups, and bilateral or
multilateral climate-related engagements with the PRC;
(B) all United States and PRC entities
participating in collaborative projects on climate-
related issues resulting from United States climate-
related diplomatic engagements, agreements, or
initiatives with the PRC;
(C) all joint economic projects related to United
States-PRC diplomatic engagements, agreements, or
initiatives related to climate; and
(D) all subnational climate-related diplomacy
facilitated by the United States Government or
resulting from United States-PRC climate-related
diplomatic engagements, agreements, or initiatives,
including--
(i) the United States, States, local
governments, academic or research institutions,
think tanks, commercial entities, or other
organizations participating in such
initiatives; and
(ii) PRC national or provincial government
entities, academic or research institutions,
think tanks, commercial entities, or other
organizations participating in such
initiatives.
(2) Form of report.--The report required under paragraph
(1) shall be submitted in unclassified form.
(b) Prohibition on Climate-Related Exemptions From Application of
United States Sanctions, Export Controls, FARA Registration, and Other
Regulations and Statues.--Notwithstanding any other provision of law,
climate-related engagement may not, on its own, form the basis of any
decision to grant an exemption, approval, allowance, or exception
from--
(1) any statutory or regulatory actions or requirements
related to sanctions, export controls, foreign agent
registration or lobbying disclosure requirements; or
(2) any other United States statutory and regulatory
requirements pertaining to the PRC.
SEC. 119. RESTRICTION ON ISSUANCE OF VISAS.
(a) Restrictions for Senior PRC Officials and Members of the
People's Liberation Army.--The Secretary may not issue a visa to, and
the Secretary of Homeland Security shall deny entry to, the United
States of--
(1) senior officials of the Chinese Communist Party,
including the Politburo, the Central Committee, and delegates
to the 19th National Congress of the Chinese Communist Party;
(2) spouses and children of any senior official described
in paragraph (1);
(3) members of the cabinet of the Government of the
People's Republic of China;
(4) active duty members of the People's Liberation Army of
China; or
(5) applicants from PRC universities that have a Memorandum
of Understanding (referred to in this paragraph as ``MOU'') or
other research or academic exchange agreement with a United
States institution of higher education, and are seeking to
study or work in the United States pursuant to such an
agreement, unless--
(A) the United States university has submitted such
MOU or similar agreement for a security review by the
Secretary of State and other relevant Federal agencies;
and
(B) the Secretary of State, in coordination with
other relevant agencies, has determined such MOU or
similar agreement--
(i) has sufficient safeguards against
illicit knowledge and technology transfer to
the PRC; and
(ii) does not facilitate foreign malign
influence.
(b) Applicability.--The restriction under subsection (a) shall not
apply during any fiscal year in which the Director of National
Intelligence certifies to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives that
the Government of the PRC has ceased sponsoring, funding, facilitating,
and actively working to support efforts to infringe on the intellectual
property rights of citizens and companies of the United States.
SEC. 120. MODIFYING INFORMATION ABOUT COUNTRIES EXPORTING
METHAMPHETAMINE INCLUDED IN THE ANNUAL INTERNATIONAL
NARCOTICS CONTROL STRATEGY REPORT.
(a) International Narcotics Control Strategy Report.--Section
489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``March 1'' and inserting ``June 1''; and
(2) in paragraph (8)(A)(i), by striking ``pseudoephedrine''
and all that follows through ``chemicals)'' and inserting
``chemical precursors used in the production of methamphetamine
that significantly affected the United States''.
(b) Study and Report on Bilateral Efforts To Address Chinese
Fentanyl Trafficking.--
(1) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on the Judiciary of the
Senate;
(ii) the Committee on Foreign Relations of
the Senate;
(iii) the Committee on the Judiciary of the
House of Representatives; and
(iv) the Committee on Foreign Affairs of
the House of Representatives.
(B) China.--The term ``China'' means the People's
Republic of China.
(C) DEA.--The term ``DEA'' means the Drug
Enforcement Administration.
(2) China's class scheduling of fentanyl and synthetic
opioid precursors.--Not later than 180 days after the date of
the enactment of this Act, the Secretary and the Attorney
General shall jointly submit to the appropriate committees of
Congress an unclassified written report, with a classified
annex, that includes--
(A) a description of United States Government
efforts to gain a commitment from the Government of
China to submit unregulated fentanyl precursors, such
as 4-Aminopyridine, to controls;
(B) a plan for future steps the United States
Government will take to urge the Government of China to
combat illicit fentanyl production and trafficking
originating in China;
(C) a detailed description of cooperation by the
Government of China to address the role of the Chinese
financial system and Chinese money laundering
organizations in the trafficking of fentanyl and
synthetic opioid precursors;
(D) an assessment of expected impact that the
designation of principal corporate officers of Chinese
financial institutions for facilitating narcotics-
related money laundering would have on Chinese money
laundering organizations; and
(E) an assessment of whether the Trilateral
Fentanyl Committee, which was established by the United
States, Canada, and Mexico during the January 2023
North American Leaders' Summit, is improving
cooperation with law enforcement and financial
regulators in Canada and Mexico to combat the role of
Chinese financial institutions and Chinese money
laundering organizations in narcotics trafficking.
(3) Establishment of dea offices in china.--Not later than
180 days after the date of the enactment of this Act, the
Secretary and the Attorney General shall jointly provide to the
appropriate committees of Congress a classified briefing
regarding--
(A) outreach and negotiations that have been
undertaken by the United States Government with the
Government of China aimed at securing the approval of
the Government of China to establish United States Drug
Enforcement Administration offices in Shanghai and
Guangzhou, China; and
(B) additional efforts that have been undertaken to
establish new partnerships with provincial-level
authorities in China to counter the illicit trafficking
of fentanyl, fentanyl analogues, and their precursors.
(c) Prioritization of Identification of Persons From the People's
Republic of China.--Section 7211 of the Fentanyl Sanctions Act (21
U.S.C. 2311) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Prioritization.--
``(A) Defined term.--In this paragraph, the term
`person of the Peoples Republic of China' means--
``(i) an individual who is a citizen or
national of the People's Republic of China; or
``(ii) an entity organized under the laws
of the People's Republic of China or otherwise
subject to the jurisdiction of the Government
of the People's Republic of China.
``(B) In general.--In preparing the report required
under paragraph (1), the President shall prioritize, to
the greatest extent practicable, the identification of
persons of the People's Republic of China involved in
the shipment of fentanyl, fentanyl analogues, fentanyl
precursors, precursors for fentanyl analogues, pre-
precursors for fentanyl and fentanyl analogues, and
equipment for the manufacturing of fentanyl and
fentanyl-laced counterfeit pills to Mexico or any other
country that is involved in the production of fentanyl
trafficked into the United States, including--
``(i) any entity involved in the production
of pharmaceuticals; and
``(ii) any person that is acting on behalf
of any such entity.
``(C) Termination of prioritization.--The President
shall continue the prioritization required under
subparagraph (B) until the President certifies to the
appropriate congressional committees that the People's
Republic of China is no longer the primary source for
the shipment of fentanyl, fentanyl analogues, fentanyl
precursors, precursors for fentanyl analogues, pre-
precursors for fentanyl and fentanyl analogues, and
equipment for the manufacturing of fentanyl and
fentanyl-laced counterfeit pills to Mexico or any other
country that is involved in the production of fentanyl
trafficked into the United States.''; and
(2) in subsection (c), by striking ``the date that is 5
years after such date of enactment'' and inserting ``December
31, 2030''.
(d) Expansion of Sanctions Under the Fentanyl Sanctions Act.--
Section 7212 of the Fentanyl Sanctions Act (21 U.S.C. 2312) is
amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) the President determines has knowingly engaged in, or
attempted to engage in, an activity or transaction that has
materially contributed to opioid trafficking; or
``(4) the President determines--
``(A) has received any property or interest in
property that the foreign person knows--
``(i) constitutes or is derived from the
proceeds of an activity or transaction
described in paragraph (1); or
``(ii) was used or intended to be used to
commit or to facilitate such an activity or
transaction;
``(B) has knowingly provided, or attempted to
provide, financial, material, or technological support
for, including through the provision of goods or
services in support of--
``(i) any activity or transaction described
in paragraph (1); or
``(ii) any foreign person described in
paragraph (1); or
``(C) is or has been owned, controlled, or directed
by any foreign person described in paragraph (1) or
subparagraph (A) or (B), or has knowingly acted or
purported to act for or on behalf of, directly or
indirectly, such a foreign person.''.
(e) Imposition of Sanctions With Respect to Agencies or
Instrumentalities of Foreign States.--The President shall--
(1) impose one or more of the sanctions described in
section 7213 of the Fentanyl Sanctions Act (21 U.S.C. 2313)
with respect to each agency or instrumentality of a foreign
state (as defined in section 1603(b) of title 28, United States
Code) that the President determines--
(A) has engaged in, or attempted to engage in, an
activity or transaction that has materially contributed
to opioid trafficking; or
(B) has provided, or attempted to provide,
financial, material, or technological support for,
(including through the provision of goods or services
in support of) any activity or transaction described in
subparagraph (A); or
(2) impose the sanction described in section 7213(a)(6) of
the Fentanyl Sanctions Act (21 U.S.C. 2313(a)(6)) on each
foreign person the President determines--
(A) is a senior official of an agency or
instrumentality of a foreign state described in
paragraph (1); or
(B) is or has been owned, controlled, or directed
by an agency or instrumentality of a foreign state
described in paragraph (1), or has knowingly acted or
purported to act for or on behalf of, directly or
indirectly, such a foreign state.
SEC. 121. REPORT ON VIOLATIONS OF AMERICAN DIPLOMATIC CORPS PRIVILEGES
AND IMMUNITIES.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter for the following 5 years, the Secretary
shall submit a report to the appropriate congressional committees that
includes--
(1) a detailed description of each case when United States
diplomats had their privileges and immunities (as set forth in
the Convention on Diplomatic Relations, done at Vienna April
18, 1961) were violated while serving in the PRC; and
(2) a review of efforts undertaken by the Department of
State to mitigate or otherwise respond to such violations of
United States diplomats' privileges and immunities.
SEC. 122. ANNUAL REPORT ON THE PRC'S DIPLOMATIC MISSION ENGAGEMENTS.
(a) In General.--Not later than March 1, 2024, and annually
thereafter, the Secretary shall submit a report to the appropriate
congressional committees that details all official meetings,
conferences, events, activities, or travel within the United States
organized or participated in by PRC diplomatic missions in the United
States that were approved by or notified to the Office of Foreign
Missions.
(b) Elements.--The report required under subsection (a) shall
include--
(1) the date, time, and location of the engagement;
(2) the purpose and nature of the engagement, including any
official meetings, conferences, events, or activities organized
or participated in by the PRC diplomatic missions;
(3) the format of the engagement, including in-person, on-
site, virtually, or any other format that was approved by or
notified to the Office of Foreign Missions;
(4) the identities and official positions of all
individuals involved in the engagement, including members of
the PRC diplomatic missions and host organizations;
(5) a detailed description of the topics, matters, or
issues discussed or addressed during the engagement;
(6) any agreements, arrangements, or memoranda of
understanding reached during the engagement;
(7) any security or legal concerns raised or addressed as a
result of the engagement;
(8) a summary of the Department of State's evaluation of
the potential impact of the engagement on United States
national security, foreign policy, and economic interests;
(9) any actions or measures taken by the Department of
State to address concerns or mitigate risks related to the
engagement; and
(10) any other relevant information deemed necessary by the
Secretary.
(c) Form.--The report required under subsection (a) may be
submitted in classified or unclassified form.
SEC. 123. RESTRICTIONS ON FOREIGN MISSIONS OF THE PRC IN ELEMENTARY AND
SECONDARY SCHOOLS IN THE UNITED STATES.
(a) Definitions.--In this section:
(1) Covered school.--The term ``covered school'' means a
public or private elementary school or secondary school in the
United States that receives Federal funds.
(2) Elementary school; secondary school.--The terms
``elementary school'' and ``secondary school'' have the
meanings given such terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(b) In General.--A foreign mission of the PRC in the United States
may not engage in any activity described in subsection (c) with a
covered school unless United States missions in the PRC have comparable
access to educational institutions in the PRC.
(c) Activities Described.--Activities described in this subsection
are--
(1) providing financial support to a covered school;
(2) offering educational materials, textbooks, or
curriculum resources to a covered school;
(3) organizing a seminar, lecture, or other event at a
covered school;
(4) conducting political propaganda or promoting the
interests of the Chinese Communist Party, the Government of the
PRC, or affiliated groups in any form at a covered school;
(5) establishing or funding a Confucius Institute or
similar language or cultural entity at a covered school;
(6) coordinating a visit or exchange of students, teachers,
or administrators of a covered school to the PRC or with the
Government of the PRC or entities or members of the Chinese
Communist Party; and
(7) any other activity that may compromise the academic
independence and objectivity of elementary and secondary school
education in the United States.
(d) Enforcement.--
(1) Reporting.--Any covered school that discovers any
attempt by a foreign mission of the PRC to engage in an
activity described in subsection (c) at the covered school
shall immediately report such attempt to the Department of
State and the Federal Bureau of Investigation.
(2) Sanctions.--
(A) In general.--The Secretary, in coordination
with the heads of relevant Federal agencies, may impose
appropriate sanctions, including the sanctions
described in subparagraph (B), with respect to any
foreign mission of the PRC that has engaged in an
activity described in subsection (c) with a covered
school.
(B) Sanctions described.--The sanctions described
in this paragraph--
(i) diplomatic protests;
(ii) restrictions on the travel and
activities of diplomatic personnel of the PRC;
(iii) revocation or restriction of
diplomatic privileges and immunities for such
personnel;
(iv) expulsion of such personnel; and
(v) any other measures that the Secretary
deems necessary to protect the academic
independence and objectivity of elementary and
secondary school education in the United
States.
(e) Congressional Oversight.--Not later than 14 days after any
attempt by a foreign mission of the PRC to engage in an activity
described in subsection (c), the Secretary shall submit a report
describing such attempted engagement to the appropriate congressional
committees, the Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 124. OFFICE OF THE SPECIAL ENVOY FOR CRITICAL AND EMERGING
TECHNOLOGY.
(a) Defined Term.--In this section, the term ``critical and
emerging technologies'' means the technologies listed on the critical
and emerging technologies list published by the National Science and
Technology Council at the Office of Science and Technology Policy, as
amended by subsequent updates to such list.
(b) Establishment.--The Secretary shall establish an Office of the
Special Envoy for Critical and Emerging Technology (referred to in this
section as the ``Office''), which shall be located within the Bureau of
Cyberspace and Digital Policy.
(c) Leadership.--The Office shall be headed by a Special Envoy for
Critical and Emerging Technology (referred to in this section as the
``Special Envoy''), who shall--
(1) be appointed by the President, by and with the advice
and consent of the Senate;
(2) have the rank and status of ambassador; and
(3) report to the Ambassador at Large for Cyberspace and
Digital Policy.
(d) Membership.--The Office may include representatives, or expert
detailees from key Federal agencies or research and technology-focused
fellowship programs, as determined by the Special Envoy and with the
consent of the Ambassador-at-Large for Cyberspace and Digital Policy,
in coordination with appropriate senior officials of such agencies.
(e) Functions.--The Office shall--
(1) establish, in coordination with relevant bureaus,
offices, and other Federal agencies, an interagency security
review process for proposals regarding United States
Government-funded international collaboration on critical and
emerging technologies and associated research;
(2) establish and coordinate an interagency strategy to
facilitate international cooperation with United States allies
and partners regarding the development, use, and deployment of
critical and emerging technologies and associated standards and
safeguards for research security, intellectual property
protection, and illicit knowledge transfer;
(3) facilitate technology partnerships, particularly with
countries and relevant political and economic unions that are
committed to--
(A) the rule of law and respect for human rights,
including freedom of speech and expression;
(B) the safe and responsible development and use of
critical and emerging technologies and the
establishment of related norms and standards, including
for research security and the protection of sensitive
data and technology;
(C) a secure internet architecture governed by a
multi-stakeholder model instead of centralized
government control;
(D) robust international cooperation to promote
open and interoperable technological products and
services that are necessary to freedom, innovation,
transparency, and privacy; and
(E) multilateral coordination, including through
diplomatic initiatives, information sharing, and other
activities, to defend the principles described in
subparagraphs (A) through (D) against efforts by state
and non-state actors to undermine them;
(4) support efforts to harmonize technology governance
regimes with partners by--
(A) coordinating on basic and pre-competitive
research and development initiatives; and
(B) collaborating to pursue such opportunities in
certain critical and emerging technologies;
(5) coordinate with other technology partners regarding
export control policies for critical and emerging technologies
by countering illicit knowledge and data transfer relating to
critical and emerging technology research;
(6) conduct diplomatic engagement, in coordination with
other bureaus, offices, and relevant Federal departments and
agencies, with allies and partners to develop standards and
coordinate policies designed to counter illicit knowledge and
data transfer in academia relating to critical and emerging
technology research;
(7) coordinate with allies, partners, and other relevant
Federal agencies to prevent the exploitation of research
partnerships related to critical and emerging technologies;
(8) in coordination with the Bureau for Cyberspace and
Digital Policy's Digital Freedom Unit, share information
regarding--
(A) the threat posed by the transfer of critical
and emerging technologies to authoritarian governments,
including the PRC and the Russian Federation; and
(B) the ways in which autocratic regimes are
utilizing technology to erode individual freedoms and
other foundations of open, democratic societies; and
(9) collaborate with private companies, trade associations,
and think tanks to carry out the functions described in
paragraphs (1) through (8).
(f) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for the following 5 years, the
Secretary, in coordination with the Director of National Intelligence
and other relevant Federal agencies, as appropriate, shall submit to
the appropriate congressional committees an unclassified report, with a
classified index, if necessary, regarding--
(1) the activities of the Office described in subsection
(e), including--
(A) any cooperative initiatives and partnerships
pursued with United States allies and partners; and
(B) the results of such activities, initiatives,
and partnerships; and
(2) the activities of the Government of the PRC, the
Chinese Communist Party, and the Russian Federation in sectors
related to certain critical and emerging technologies and the
threats they pose to the United States; and
(3) an inventory of all international research and
development programs for critical and emerging technologies
funded by the United States Government that include
participation by institutions or organizations that are
affiliated with or receive support from the Government of the
PRC or the Government of the Russian Federation.
SEC. 125. ENHANCED CONGRESSIONAL NOTIFICATION REGARDING SCIENCE AND
TECHNOLOGY AGREEMENTS WITH THE PRC.
(a) Notification Required.--Title I of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding
at the end the following:
``SEC. 65. CONGRESSIONAL NOTIFICATION REGARDING SCIENCE AND TECHNOLOGY
AGREEMENTS WITH THE PEOPLE'S REPUBLIC OF CHINA.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Relations of the
Senate; and
``(B) the Committee on Foreign Affairs of the House
of Representatives.
``(2) 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--
``(A) collaborating on or otherwise engaging in
joint activities relating to scientific research,
technological development; or
``(B) sharing scientific or technical knowledge or
resources between such countries.
``(b) Notification Required.--The Secretary of State may not enter
into, renew, or extend any science and technology agreement with the
People's Republic of China unless--
``(1) the Secretary submits to the appropriate
congressional committees a notification containing each of the
matters described in subsection (c); and
``(2) a period of not less than 30 days has elapsed
following such submission.
``(c) Matters Described.--The matters described in this subsection
are, with respect to the science and technology agreement for which a
notification is submitted--
``(1) a written notice of such agreement, including the
full text of such agreement;
``(2) a detailed justification for such agreement,
including an explanation for why such agreement is in the
national security interests of the United States;
``(3) an assessment of the risks and potential effects of
such agreement, including any potential for the transfer under
such agreement of technology or intellectual property capable
of harming the national security interests of the United
States;
``(4) a detailed justification for how the Secretary of
State intends to address human rights concerns in any
scientific and technology collaboration proposed to be
conducted under such agreement;
``(5) an assessment of the extent to which the Secretary
will be able to continuously monitor the commitments made by
the People's Republic of China under such agreement; and
``(6) such other information relating to such agreement as
the Secretary may be determine appropriate.''.
(b) Applicability.--
(1) Definitions.--In this subsection, the terms
``appropriate congressional committees'' and ``science and
technology agreement'' have the meanings given such terms in
section 65(a) of the State Department Basic Authorities Act of
1956, as added by subsection (a),.
(2) In general.--The requirements under section 65 of such
Act shall apply with respect to science and technology
agreements entered into, renewed, or extended on or after the
date of the enactment of this Act.
(3) Existing agreements.--Any science and technology
agreement between the Secretary of State and the PRC in effect
as of the date of the enactment of this Act shall be revoked
unless, not later than 60 days after the date of the enactment
of this Act, the Secretary submits to the appropriate
congressional committees a notification of such agreement
containing each of the matters described in section 65(c) of
such Act.
TITLE II--ADVANCING UNITED STATES AND PARTNER ECONOMIC PROSPERITY
SEC. 201. DEFINED TERM.
In this title, the term ``strategic infrastructure'' means
infrastructure for which a primary driver of the United States national
interest in such infrastructure is--
(1) to advance the national security or economic security
interests of the United States or of the country in which such
infrastructure is located; or
(2) to deny foreign adversaries of the United States
ownership or control over such infrastructure.
SEC. 202. AUTHORIZATION OF PARTNERSHIP FOR GLOBAL INFRASTRUCTURE AND
INVESTMENT.
(a) In General.--The Partnership for Global Infrastructure and
Investment is authorized to deploy United States public and private
sector capital and expertise for the purpose of mobilizing foreign
public and private sector capital and expertise--
(1) to help identify and meet the strategic infrastructure
needs of countries that are allies and partners of the United
States; and
(2) to provide allies and partners of the United States
with mutually beneficial strategic infrastructure investment
solutions that are alternatives to exploitative, coercive, or
harmful foreign infrastructure investments.
(b) Prioritization.--In evaluating proposals for strategic
infrastructure projects funded through the Partnership for Global
Infrastructure and Investment, the Secretary shall prioritize--
(1) projects that have the highest strategic value to the
United States; and
(2) projects involving--
(A) strategic transport infrastructure, including
ports, airports, intermodal transfer facilities,
railroads, and highways;
(B) energy infrastructure, technology, and supply
chains, critical minerals, and related areas that align
with the officially conveyed energy needs of partner
countries and with the objective of maximizing such
countries' energy access, energy security, energy
transition and modernization, and resilience needs;
(C) secure information and communications
technology systems, networks and infrastructure to
strengthen the potential for economic growth and
facilitate open digital societies; and
(D) global health security, including
infrastructure projects that increase the availability,
accessibility, and affordability of health care in
partner countries.
(c) Standards.--In carrying out the purposes described in
subsection (a), the Secretary shall adhere to standards for transparent
and high-quality infrastructure investment and ensure projects include
opportunities to advance economic growth priorities in the partner
country and support good governance and the rule of law. The
Partnership for Global Infrastructure and Investment may only use
environmental, social, or governance standards, including as criteria
for project selection, which are consistent with United States law or
international agreements that have been approved by Congress.
(d) Projects in High Income Countries.--Support under the
Partnership for Global Infrastructure and Investment may not be
provided in countries with high-income economies (as defined by the
World Bank) unless the President certifies to the appropriate
congressional committees that such support--
(1) is necessary to preempt or counter efforts by a
strategic competitor of the United States to secure significant
political or economic leverage or acquire national security-
sensitive technologies or infrastructure in a country that is
an ally or partner of the United States; and
(2) includes cost-sharing arrangements with partner
countries to ensure effective burden-sharing and long-term
sustainability, including through the involvement of private
sector investments.
(e) Limitation.--The Secretary may not exclude or otherwise limit
the provision of funds that would otherwise have been available under
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support
natural gas and civil nuclear energy projects, including market
development, infrastructure, technology, or technical assistance,
solely on the basis that such projects result in new carbon emissions
or associated infrastructure.
(f) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for the following 2
years, the Secretary shall submit a report to the appropriate
congressional committees that--
(1) identifies all infrastructure projects supported by the
Partnership for Global Infrastructure and Investment;
(2) describes how the Partnership for Global Infrastructure
and Investment supported each project;
(3) explains why each project was chosen and how each
project advances the purposes of the Partnership for Global
Infrastructure and Investment and the priorities described in
subsection (b);
(4) describes how the Partnership for Global Infrastructure
and Investment cooperates with other entities in the United
States Government that support infrastructure, including
deconfliction of efforts; and
(5) describes the estimated timeline for completion of the
projects supported by the Partnership for Global Infrastructure
and Investment.
(g) Qualifying Nonbinding Instruments.--Any memorandum of
understanding or other non-binding instrument for projects supported by
the Partnership for Global Infrastructure and Investment shall be
considered a qualifying non-binding instrument for purposes of section
112b of title 1, United States Code.
SEC. 203. GLOBAL STRATEGIC INFRASTRUCTURE INVESTMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, which shall be known as the ``Strategic
Infrastructure Investment Fund'' (referred to in this section as the
``Fund''), consisting of such amounts as are deposited into the Fund
pursuant to subsection (b).
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated,
for each of the fiscal years 2025 through 2029, $75,000,000,
which shall be deposited into the Fund for the purpose of
providing assistance, including through contributions, for
strategic infrastructure projects globally in accordance with
this section.
(2) Transfers.--Amounts in the Fund may be transferred to
accounts within the Department of State, the United States
Agency for International Development, the Export-Import Bank,
the United States International Development Finance
Corporation, the Millennium Challenge Corporation, and the
United States Trade and Development Agency, as appropriate, to
be used for the purpose described in paragraph (1).
(3) Consultation.--The Secretary shall consult with the
Administrator of the United States Agency for International
Development regarding allocations from the Fund.
(4) Use of funds.--Amounts transferred to the Export-Import
Bank and the United States International Development Finance
Corporation may be made available for the costs of direct loans
and loan guarantees (as defined in section 502(3) of the
Congressional Budget Act of 1974 (2 U.S.C. 661a(3)), including
the cost of modifying such loans and loan guarantees.
(5) Notification.--Not later than 15 days before obligating
funds appropriated pursuant to paragraph (1), the Secretary
shall submit a written notification to the Committee on
Appropriations of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Appropriations of the
House of Representatives, and the Committee on Foreign Affairs
of the House of Representatives that outlines the amount and
proposed use of such funds.
(c) Prioritization.--In evaluating proposals for strategic
infrastructure projects receiving funding from the Fund, the Secretary
shall prioritize--
(1) projects that have the highest strategic value to the
United States; and
(2) projects involving--
(A) strategic transport infrastructure, including
ports, airports, railroads, and highways;
(B) energy infrastructure, technology, and supply
chains, critical minerals, and related areas that align
with the officially conveyed energy needs of partner
countries and with the objective of maximizing such
countries' energy access, energy security, energy
transition, and resilience needs;
(C) secure information and communications
technology networks and infrastructure to strengthen
the potential for economic growth and facilitate open
digital societies; and
(D) global health security, including through
infrastructure projects that increase the availability,
accessibility, and affordability of health care in
partner countries.
(d) Standards.--In evaluating proposals for strategic
infrastructure projects seeking funding from the Fund, the Secretary
shall--
(1) comply with standards for transparent and high-quality
infrastructure investment;
(2) ensure projects selected include opportunities--
(A) to advance economic growth priorities in the
partner country; and
(B) to support good governance and the rule of law;
and
(3) only use environmental, social, or governance
standards, including as criteria for project selection, which
are consistent with United States law or international
agreements that have been approved by Congress.
(e) Limitation.--The Secretary may not exclude or otherwise limit
the provision of funds that would otherwise have been available under
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support
natural gas and civil nuclear energy projects, including market
development, infrastructure, technology, or technical assistance,
solely on the basis that such projects result in new carbon emissions
or associated infrastructure.
(f) Projects in High-Income Countries.--Amounts from the Fund may
not be provided in countries with high-income economies (as defined by
the World Bank) unless the President certifies to the appropriate
congressional committees that such support--
(1) is necessary to preempt or counter efforts by a
strategic competitor of the United States to secure significant
political or economic leverage or acquire national security-
sensitive technologies or infrastructure in a country that is
an ally or partner of the United States; and
(2) includes cost-sharing arrangements with partner
countries to ensure effective burden-sharing and long-term
sustainability.
(g) Qualifying Non-Binding Instruments.--Any memorandum of
understanding or other non-binding instrument for projects supported by
the Fund shall be considered a qualifying non-binding instrument for
purposes of section 112b of title 1, United States Code.
SEC. 204. INFRASTRUCTURE TRANSACTION AND ASSISTANCE NETWORK.
(a) Authority.--The Secretary, in consultation with the
Administrator of the United States Agency for International
Development, is authorized to establish an initiative, to be known as
the ``Infrastructure Transaction and Assistance Network'', under which
the Secretary, in consultation with other relevant Federal agencies,
shall carry out various programs to advance the development of
sustainable, transparent, and quality infrastructure with higher
standards 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;
(3) coordinating the provision of United States assistance
for the development of infrastructure, including infrastructure
that uses United States-manufactured goods and services; and
(4) catalyzing investment led by the private sector.
(b) Transaction Advisory Fund.--As part of the Infrastructure
Transaction and Assistance Network established pursuant to subsection
(a), the Secretary 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 the
financial and environmental 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) Indo-Pacific Strategic Infrastructure Fund.--
(1) In general.--As part of the Infrastructure Transaction
and Assistance Network established pursuant to subsection (a),
the Secretary is authorized to provide support, including
through the Indo-Pacific Strategic Infrastructure Fund, for
technical assistance, project preparation, pipeline
development, and other infrastructure project support.
(2) Joint strategic infrastructure projects.--Funds made
available for the Indo-Pacific Strategic Infrastructure Fund
should be used, in consultation with the Department of Defense,
the United States 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 made
available for the Indo-Pacific 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) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and semiannually thereafter for the
following 3 years, the President shall submit a report to the
appropriate congressional committees that includes--
(A) the identification of infrastructure projects,
particularly in the transport, energy, and digital
sectors, that the United States is currently supporting
or is considering supporting through financing, foreign
assistance, technical assistance, or other means;
(B) for each project identified pursuant to
subparagraph (A)--
(i) the sector of the project; and
(ii) the recipient country of any such
United States support;
(C) a detailed explanation of the United States and
partner country interests served by such United States
support;
(D) a detailed accounting of the authorities and
programs upon which the United States Government has
relied in providing such support; and
(E) a detailed description of any support provided
by United States allies and partners for such projects.
(2) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Infrastructure Transaction and Assistance Network,
for each of the fiscal years 2025 through 2029, $75,000,000, of which--
(1) $20,000,000 shall be made available for the Transaction
Advisory Fund; and
(2) not less than $55,000,000 shall be made available for
the Indo-Pacific Strategic Infrastructure Fund.
SEC. 205. REGULATORY EXCHANGES WITH ALLIES AND PARTNERS.
(a) In General.--The Secretary, in coordination with the heads of
other participating executive branch 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
pursuant to 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;
(D) the Organization for Economic Cooperation and
Development; and
(E) multilateral development banks; and
(3) regulatory practices and standards-setting bodies
focused on key economic sectors and emerging technologies.
(c) Participation by Non-Governmental Entities.--With regard to the
program described in subsection (a), the Secretary 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, to the extent that such participation advances the
goals of such program.
(d) Delegation of Authority by the Secretary.--The Secretary is
authorized to delegate the responsibilities described in this section
to the Under Secretary of State for Economic Growth, Energy, and the
Environment.
SEC. 206. AUTHORIZATION TO ASSIST UNITED STATES COMPANIES WITH GLOBAL
SUPPLY CHAIN DIVERSIFICATION AND MANAGEMENT.
(a) Definitions.--The terms ``foreign ownership, control, or
influence'' and ``FOCI'' have the meanings given such terms in the
National Industrial Security Program Operating Manual (DOD 5220.22-M),
or a successor document.
(b) Authorization to Contract Services.--The Secretary, in
coordination with the Secretary of Commerce, is authorized to establish
a program to facilitate the contracting by the Department of State for
the professional services of qualified experts, on a reimbursable fee
for service basis, to assist interested United States persons and
business entities with supply chain management issues related to the
PRC, including--
(1) exiting from the PRC market or relocating certain
production facilities to locations outside the PRC;
(2) diversifying sources of inputs, and other efforts to
diversify supply chains to locations outside of the PRC;
(3) navigating legal, regulatory, or other challenges in
the course of the activities described in paragraphs (1) and
(2); and
(4) identifying alternative markets for production or
sourcing outside of the PRC, including through providing market
intelligence, facilitating contact with reliable local partners
as appropriate, and other services.
(c) Chief of Mission Oversight.--The persons hired to perform the
services described in subsection (b) shall--
(1) be under the authority of the United States Chief of
Mission in the country in which they are hired, in accordance
with existing United States laws;
(2) coordinate with Department of State and Department of
Commerce officers; and
(3) coordinate with United States missions and relevant
local partners in other countries as needed to carry out the
services described in subsection (b).
(d) Prioritization of Micro-, Small-, and Medium-Sized
Enterprises.--The services described in subsection (b) shall be
prioritized for assisting micro-, small-, and medium-sized enterprises
with regard to the matters described in subsection (b).
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$15,000,000, for each of the fiscal years 2025 through 2029,
for the purposes of carrying out this section.
(2) Prohibition on access to assistance by foreign
adversaries.--None of the amounts appropriated pursuant to
paragraph (1) may be provided to an entity--
(A) under the foreign ownership, control, or
influence of the Government of the People's Republic of
China or the Chinese Communist Party, or other foreign
adversary;
(B) determined to have beneficial ownership from
foreign individuals subject to the jurisdiction,
direction, or influence of foreign adversaries; and
(C) that has any contract in effect at the time of
the receipt of such funds, or has had a contract within
the previous year that is no longer in effect, with--
(i) the Government of the People's Republic
of China;
(ii) the Chinese Communist Party;
(iii) the Chinese military;
(iv) any entity majority-owned, majority-
controlled, or majority-financed by the
Government of the People's Republic of China,
the CCP, or the Chinese military; or
(v) a parent, subsidiary, or affiliate of
an entity described in clause (iv).
SEC. 207. INVESTING IN TALENT IN SOUTHEAST ASIA, THE PACIFIC ISLANDS,
SUB-SAHARAN AFRICA, AND LATIN AMERICA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Pacific islands.--The term ``Pacific Islands'' means
the countries 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
countries of Brunei Darussalam, Cambodia, Indonesia, Lao PDR,
Malaysia, Myanmar, the Philippines, Singapore, Thailand,
Vietnam, and Timor-Leste.
(4) Sub-saharan africa.--The term ``sub-Saharan Africa''
means a country or successor political entity defined in
section 107 of the African Growth and Opportunity Act (19
U.S.C. 3706).
(5) Latin america and the caribbean.--In this section, the
term ``Latin America and the Caribbean'' does not include Cuba,
Nicaragua, or Venezuela.
(b) Establishment of Centers 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 centers of excellence located in countries in Southeast Asia,
Pacific Islands, sub-Saharan Africa, and Latin America and the
Caribbean to build and enhance the technical capacity of officials,
emerging leaders, and other qualified persons from countries in those
regions.
(c) Priority Areas for Technical Assistance and Capacity
Building.--The centers of excellence established pursuant to subsection
(b) shall provide technical assistance and capacity building in--
(1) domestic resource mobilization;
(2) regulatory management;
(3) procurement processes, including tendering, bidding,
and contract negotiation;
(4) budget management and oversight; and
(5) management of key economic sectors, including energy,
digital economy, and infrastructure.
(d) Terms and Conditions.--In carrying out this section, the
Secretary shall--
(1) leverage existing United States foreign assistance
programs and activities in Southeast Asia, the Pacific Islands,
Sub-Saharan Africa, and Latin America, 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
program;
(C) the Millennium Challenge Act of 2003 (22 U.S.C.
7701 et seq.);
(D) United States Support for Economic Growth in
Asia;
(E) programs related to the Asia-Pacific Economic
Community;
(F) the Young African Leaders Initiative;
(G) the Young Leaders of the Americas Initiative;
and
(H) other relevant education or scholarship
programs;
(2) support the program by ensuring that participation of
instructors who--
(A)(i) are serving in relevant areas of the United
States Government with a rank of not less than 14 on
the General Schedule (GS-14); or
(ii) possess at least 10 years of experience relevant to
the areas of instruction described in subsection (c);
(B) meet high professional standards within their
fields; and
(C)(i) are contracted by any center of excellence
established pursuant to subsection (b); or
(ii) are deployed or detailed directly from a Federal
Government agency;
(3) seek to attract participants who--
(A)(i) are serving as senior or mid-career
officials in key technical ministries of participating
countries in Southeast Asia, the Pacific Islands, sub-
Saharan Africa, or Latin America and the Caribbean;
(ii) have demonstrated leadership potential and direct
responsibility for crafting or implementing policies relevant
to the areas of instruction described in subsection (c); or
(iii) demonstrate an intent to return to government service
after completing the program outlined in this section; or
(B) are employed in utilities, publicly or
privately owned companies, or other nongovernmental
entities responsible for implementing policy and
regulation or supporting government functions in the
areas of instruction described in subsection (c); and
(4) require financial or in-kind contributions from
participating governments that is commensurate with the gross
domestic product of the countries governed by such governments.
(e) Authorization To Enter Into Memoranda of Understanding.--In
order to fulfill the terms and conditions described in subsection (d),
the Secretary is authorized to enter into memoranda of understanding
with participating governments to determine--
(1) the financial or in-kind contributions that will be
made by the United States; and
(2) the financial or in-kind contributions will be made by
the participating government with respect to the activities
described in this section.
(f) Specification for Memoranda of Understanding.--The value of
financial or in-kind contributions by the United States and a
particular participating government should be assessed to ensure an
appropriate level of contribution by an entity mutually decided upon by
the United States and such government.
(g) Consultation and Reporting Requirements.--
(1) Consultation.--The Secretary shall consult with the
appropriate committees of Congress before obligating funds
appropriated pursuant to subsection (h).
(2) Annual report.--The Secretary shall submit an annual
report to the appropriate committees of Congress that--
(A) describes--
(i) the activities of the program
authorized under this section;
(ii) all of the major activities during the
most recently concluded fiscal year;
(iii) the financial and other contributions
of the United States Government to the program;
and
(iv) the contributions made by governments
in Southeast Asia, the Pacific Islands, sub-
Saharan Africa, or Latin America and the
Caribbean; and
(B) assesses--
(i) the program's successes; and
(ii) any required authorities, funding, or
other alterations to improve the program's
effectiveness.
(h) Authorization of Appropriations.--There is authorized to be
appropriated $45,000,000 for the 4-year period beginning on October 1,
2024, to carry out this section.
SEC. 208. PILOT PROGRAM TO AUDIT BARRIERS TO COMMERCE IN DEVELOPING
PARTNER COUNTRIES.
(a) Establishment.--The Secretary shall establish a pilot program--
(1) to identify and evaluate barriers to commerce in
developing countries that are allies and partners of the United
States; and
(2) to provide assistance to promote economic development
and commerce to such countries.
(b) Purposes.--Under the pilot program established pursuant to
subsection (a), the Secretary, in partnership with the countries
selected pursuant to subsection (c)(1), shall--
(1) identify barriers in such countries to enhancing
international commerce 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
commerce with those countries, consistent with their
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 commercial exchange;
(B) assisting such countries to identify and reduce
barriers through the provision of foreign assistance to
increase--
(i) international commerce; and
(ii) foreign investment;
(C) assisting each such country in undertaking
reforms that will promote economic development, and
promote conditions favorable for business and
commercial development and job growth in the country;
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 established pursuant to
subsection (a) from among countries--
(A) that are--
(i) developing countries; and
(ii) allies and partners of the United
States;
(B) the governments of which have clearly
demonstrated a willingness to make appropriate legal,
policy, and regulatory reforms 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 by the Secretary, in consultation with the
Administrator of the United States Agency for
International Development, and the head of any other
Federal agency, as appropriate.
(2) Considerations for additional criteria.--In
establishing additional criteria pursuant to paragraph (1)(C),
the Secretary and the Administrator shall--
(A)(i) identify and address structural weaknesses,
systemic flaws, or other impediments within countries
being considered for participation in the pilot program
that impact the effectiveness of United States
assistance; and
(ii) make recommendations for addressing such weaknesses,
flaws, and impediments;
(B) set priorities for commercial development
assistance building to focus resources on countries in
which the provision of such assistance can deliver the
best value in identifying and eliminating barriers to
trade and investment, including by fostering adherence
to international trade obligations;
(C) developing appropriate performance measures and
establishing annual targets to monitor and assess
progress toward such targets, including measures to be
used to terminate the provision of assistance
determined to be ineffective; and
(D) ensure representation from across multiple
geographic regions.
(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 for the following 3 years, the Secretary,
with the concurrence of the Administrator of the United
States Agency for International Development, shall
select countries for participation in the pilot program
established pursuant to subsection (a).
(B) Number.--The Secretary shall select for
participation in the pilot program--
(i) not fewer than 5 countries during the
1-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 for participation in the pilot
program, the Secretary shall prioritize--
(A) countries recommended by chiefs of mission and
other agencies present at the missions, such as the
United States Agency for International Development--
(i) that will be able to substantially
benefit from expanded commercial development
assistance; and
(ii) the governments of which have
demonstrated the political will to effectively
and sustainably implement such assistance; or
(B) groups of countries, including groups of
geographically contiguous countries recommended by
chiefs of mission, that--
(i) meet the criteria described in
subparagraph (A); and
(ii) as a result of expanded United States
commercial development assistance, will
contribute to greater intra-regional commerce
or regional economic integration.
(d) Plans of Action.--
(1) In general.--The Secretary, in consultation with the
Administrator of the United States Agency for International
Development, as appropriate, shall lead in engaging relevant
government officials of each country selected pursuant to
subsection (c) to participate in the pilot program established
pursuant to subsection (a) with respect to the development of a
plan of action to identify and evaluate barriers to economic
and commercial development that then informs United States
assistance.
(2) Analysis required.--The development of a plan of action
pursuant to paragraph (1) shall include a comprehensive
analysis of relevant legal, policy, and regulatory constraints
to economic and job growth in such country.
(3) Elements.--Each plan of action developed for a country
pursuant to paragraph (1) shall--
(A) set forth priorities for reform agreed to by
the government of such country and the United States;
(B) include clearly defined policy responses,
including regulatory and legal reforms, as may be
necessary, to achieve improvement in the business and
commercial environment in such country;
(C) identify the anticipated costs to establish and
implement such plan;
(D) identify appropriate sequencing and phasing of
the implementation of the plan to create cumulative
benefits, as appropriate;
(E) identify best practices and standards;
(F) include considerations with respect to how to
make the policy reform investments under such plan
long-lasting; and
(G) require appropriate consultation with affected
stakeholders in such country and in the United States.
(e) Termination.--The pilot program established pursuant to
subsection (a) shall terminate on the date that is 8 years after the
date of the enactment of this Act.
SEC. 209. PROMOTING ADOPTION OF UNITED NATIONS CONVENTION ON THE
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
(referred to in this section 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 (commonly 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 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
on January 2, 2019.
(12) The President ratified the Convention on October 15,
2019.
(b) Sense of the Senate.--It is the sense of the Senate that the
Secretary 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.
(c) Report to Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary shall submit a report to the
appropriate congressional committees detailing the activities
of the Department of State with respect to promoting
ratification and implementation by developing countries of the
Convention through fiscal year 2030.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) a list of countries expressing interest in
ratification of the Convention;
(B) a detailed description of efforts made by the
Department of State to promote the Convention as a tool
for economic development; and
(C) any requests made by interested countries for
technical and other assistance to facilitate adoption
of the Convention.
SEC. 210. OPPOSING THE PROVISION OF ASSISTANCE TO THE PEOPLE'S REPUBLIC
OF CHINA BY THE MULTILATERAL DEVELOPMENT BANKS.
(a) Findings.--Congress finds the following:
(1) The People's Republic of China is the world's second
largest economy and a major global lender.
(2) In the third quarter of 2022, the foreign exchange
reserves of the PRC totaled more than $3,000,000,000,000.
(3) The World Bank classifies the PRC as a country with an
upper-middle income economy.
(4) On February 25, 2021, President Xi Jinping announced
``complete victory'' over extreme poverty in the PRC.
(5) The Government of the PRC utilizes state resources to
create and promote the Asian Infrastructure Investment Bank,
the New Development Bank, and the Belt and Road Initiative.
(6) The PRC is the world's largest official creditor.
(7) Through a multilateral development bank, countries are
eligible to borrow until they can manage long-term development
and access to capital markets without financial resources from
the bank.
(8) The World Bank reviews the graduation of a country from
eligibility to borrow from the International Bank for
Reconstruction and Development once the country reaches the
graduation discussion income, which is equivalent to the gross
national income. For fiscal year 2023, the graduation
discussion income is a gross national income per capita
exceeding $7,455.
(9) Many of the other multilateral development banks, such
as the Asian Development Bank, use the gross national income
per capita benchmark used by the International Bank for
Reconstruction and Development to trigger the graduation
process.
(10) The PRC exceeded the graduation discussion income
threshold in 2016.
(11) Since 2016, the International Bank for Reconstruction
and Development has approved projects totaling $9,610,000,000
to the PRC.
(12) Since 2016, the Asian Development Bank has--
(A) continued to approve loans and technical
assistance to the PRC totaling more than
$10,600,000,000; and
(B) also approved non-sovereign commitments in the
PRC totaling more than $2,400,000,000.
(13) The World Bank calculates the PRC's 2019 gross
national income per capita as $10,390.
(b) Statement of Policy.--It is the policy of the United States to
oppose any additional lending from the multilateral development banks,
including the International Bank for Reconstruction and Development and
the Asian Development Bank, to the People's Republic of China as a
result of the PRC's successful graduation from the eligibility
requirements for assistance from those banks.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Financial Services of the
House of Representatives; and
(C) the Committee on Foreign Affairs of the House
of Representatives.
(2) Multilateral development banks.--The term
``multilateral development banks'' has the meaning given such
term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
(d) Opposition to Lending to People's Republic of China.--The
Secretary of the Treasury shall instruct the United States Executive
Director at each multilateral development bank to use the voice, vote,
and influence of the United States--
(1) to oppose any loan or extension of financial or
technical assistance by the bank to the PRC; and
(2) to end lending and assistance to countries that exceed
the graduation discussion income of the bank.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter, the Secretary of the Treasury
shall submit a report to the appropriate congressional committees that
includes--
(1) an assessment of the status of borrowing by the PRC
from each multilateral development bank;
(2) a description of voting power, shares, and
representation by the PRC at each such bank;
(3) a list of countries that have exceeded the graduation
discussion income at each such bank;
(4) a list of countries that have graduated from
eligibility for assistance from each such bank; and
(5) a full description of the efforts taken by the United
States to graduate countries from such eligibility once they
exceed the graduation discussion income at each such bank.
SEC. 211. PROHIBITING FUNDING FOR THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER AND THE UNITED NATIONS
FRAMEWORK CONVENTION ON CLIMATE CHANGE UNTIL CHINA IS NO
LONGER DEFINED AS A DEVELOPING COUNTRY.
(a) Short Title.--This section may be cited as the ``Ending China's
Unfair Advantage Act of 2024''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Montreal protocol.--The term ``Montreal Protocol''
means the Montreal Protocol on Substances that Deplete the
Ozone Layer, done at Montreal September 16, 1987.
(3) United nations framework convention on climate
change.--The term ``United Nations Framework Convention on
Climate Change'' means the United Nations Framework Convention
on Climate Change, adopted in Rio de Janeiro, Brazil in June
1992.
(c) Prohibition on Use of Funds for the Montreal Protocol on
Substances That Deplete the Ozone Layer Until China Is No Longer
Defined as a Developing Country.--Notwithstanding any other provision
of law, no Federal funds may be obligated or expended to implement the
Montreal Protocol, including its protocols and amendments, or any fund
established under the Protocol, until the President certifies to the
appropriate congressional committees that the Parties to the Montreal
Protocol have amended their Decision I/12E, ``Clarification of terms
and definitions: developing countries,'' made at the First Meeting of
the Parties to remove the People's Republic of China.
(d) Prohibition on Use of Funds for the United Nations Framework
Convention on Climate Change Until China Is Included Among the
Countries Listed in Annex I of the Convention.--Notwithstanding any
other provision of law, no Federal funds may be obligated or expended
to fund the operations and meetings of the United Nations Framework
Convention on Climate Change, including it's protocols or agreements,
or any fund established under the Convention or its agreements, until
the President certifies to the appropriate congressional committees
that the Parties to the Framework Convention have included the People's
Republic of China in Annex I of the Convention.
TITLE III--COUNTERING CHINA'S PREDATORY ECONOMIC PRACTICES
Subtitle A--Countering Economic Coercion
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ``Countering Economic Coercion
Act of 2024''.
SEC. 302. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) foreign adversaries are increasingly using economic
coercion to pressure, punish, and influence United States
allies and partners;
(2) economic coercion--
(A) causes economic harm to United States allies
and partners;
(B) creates malign influence on the sovereign
political actions of such allies and partners; and
(C) can threaten the essential security of the
United States and its allies;
(3) economic coercion is often characterized by--
(A) arbitrary, abusive, and discriminatory actions
that seek to interfere with sovereign actions, violate
international trade rules, and run counter to the
rules-based international order;
(B) capricious, pre-textual, and non-transparent
actions taken without due process afforded;
(C) intimidation or threats of punitive actions;
and
(D) informal actions that take place without
explicit government action;
(4) economic coercion violates norms of state behavior and
undermines the rules-based international order;
(5) existing mechanisms for trade dispute resolution and
international arbitration are often inadequate for responding
to economic coercion in a timely and effective manner as
foreign adversaries exploit plausible deniability and lengthy
processes to evade accountability;
(6) the United States should provide meaningful economic
and political support to foreign trading partners affected by
economic coercion, which can lead to opportunities for United
States businesses, investors, and workers to reach new markets
and customers;
(7) responding to economic coercion will be most effective
when the United States provides relief to affected foreign
trading partners in coordination with allies and like-minded
countries; and
(8) such coordination will further demonstrate broad
resolve against economic coercion.
SEC. 303. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' includes--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Foreign Affairs of the House
of Representatives;
(C) with respect to the exercise of any authority
under section 305(a)(2), subparagraphs (A), (I), (J),
and (K) of section 305(b)(1), and section 305(b)(2)--
(i) the Committee on Finance of the Senate;
and
(ii) the Committee on Ways and Means of the
House of Representatives;
(D) with respect to the exercise of any authority
under subparagraphs (F) and (H) of section 305(b)(1)--
(i) the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
(ii) the Committee on Financial Services of
the House of Representatives; and
(E) with respect to the exercise of any authority
under section 305(a)(1)(A) and subparagraph (B), (E),
or (G) of section 305(b)(1)--
(i) the Committee on Appropriations of the
Senate; and
(ii) the Committee on Appropriations of the
House of Representatives.
(2) Economic coercion.--The term ``economic coercion''
means actions, practices, or threats undertaken by a foreign
adversary to unreasonably restrain, obstruct, or manipulate
trade, foreign aid, investment, or commerce in an arbitrary,
capricious, or non-transparent manner with the intention to
cause economic harm to achieve strategic political objectives
or influence sovereign political actions.
(3) Export; export administration regulations; in-country
transfer; reexport.--The terms ``export'', ``Export
Administration Regulations'', ``in-country transfer'', and
``reexport'' have the meanings given such terms in section 1742
of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(4) Foreign adversary.--The term ``foreign adversary''
means any foreign government engaged in a long-term pattern or
serious instances of conduct significantly adverse to the
national security of the United States or the security and
safety of United States persons.
(5) Foreign trading partner.--The term ``foreign trading
partner'' means a foreign jurisdiction that is a trading
partner of the United States.
SEC. 304. DETERMINATION OF ECONOMIC COERCION.
(a) Extended Presidential Determination.--
(1) In general.--If the President determines that a foreign
trading partner is subject to an act of economic coercion by a
foreign adversary that constitutes a long-term national
security threat, after a comprehensive inter-agency review, the
President may--
(A) submit to Congress a detailed determination
(referred to as the ``Economic Coercion Response
Package''), which shall include--
(i) an assessment of why the economic
coercion by a foreign adversary constitutes a
national security threat and requires a
comprehensive response;
(ii) a request to exercise any authority--
(I) described in subsection (a)(1)
or (b)(1) of section 305 to support or
assist the foreign trading partner in a
manner proportionate to the economic
coercion; or
(II) described in subsection (a)(2)
or (b)(2) of section 305 to penalize
the foreign adversary in a manner
proportionate to the economic coercion;
(iii) justification for why the requested
authorities are appropriate for the specific
act of economic coercion; and
(iv) a statement of administration action
outlining the intended use of the requested
authorities.
(2) Information; hearings.--To inform the determination and
the formulation of a request under paragraph (1), the President
shall--
(A) obtain the written opinion and analysis of the
Secretary of State, the Secretary of Commerce, the
Secretary of the Treasury, the United States Trade
Representative, and the heads of other Federal
agencies, as the President considers appropriate;
(B) seek information and advice from and consult
with other relevant officers of the United States; and
(C) afford other interested parties an opportunity
to present relevant information and advice.
(3) Consultation with congress.--In developing the
determination and the formulation of the request under
paragraph (1), the President shall consult with the appropriate
congressional committees--
(A) during the 40-day period beginning 30 days
before such request is submitted to Congress; and
(B) not less frequently than once every 180 days
while exercising the requested authority.
(4) Notice.--Not later than 30 days after the date on which
the President determines that a foreign trading partner is
subject to economic coercion or submits the request under
paragraph (1), the President shall publish in the Federal
Register--
(A) a notice of the determination and the
submission of the request; and
(B) a description of the economic coercion that the
foreign adversary is applying to the foreign trading
partner and other circumstances that led to such
determination and the submission of the request.
(b) Emergency Presidential Determination.--
(1) In general.--If the President determines, on an
emergency basis, that a foreign trading partner is subject to
economic coercion by a foreign adversary, the President may
exercise, for a period not exceeding 90 days, any authority
described in section 305(a).
(2) Notices.--
(A) In general.--Not later than 5 days after an
emergency determination under paragraph (1), the
President shall submit to the appropriate congressional
committees a notice of such determination.
(B) Exercise of authority.--Not later than 5 days
after the exercise of any authority that relies on the
determination for which the President submitted notice
pursuant to subparagraph (A), the President shall
submit to the appropriate congressional committees a
notice of how the President intends to use such
authorities.
(c) Revocation of Determination.--
(1) Revocation of extended determination.--A determination
made by the President pursuant to subsection (a) shall be
revoked on the earliest of--
(A) the date that is 2 years after the date of such
determination;
(B) the date of the enactment of a joint resolution
of disapproval revoking such determination; or
(C) the date on which the President issues a
proclamation revoking such determination.
(2) Revocation of emergency determination.--A determination
made by the President pursuant to subsection (b) shall be
revoked on the earliest of--
(A) the date that is 90 days after the date of such
determination;
(B) the date of the enactment of a joint resolution
of disapproval revoking such determination; or
(C) the date on which the President issues a
proclamation revoking such determination.
(3) Termination of authorities.--Any authority described in
section 305 exercised pursuant to a determination that has been
revoked pursuant to paragraph (1) or paragraph (2) shall cease
to be exercised on the date of such revocation, except that
such revocation shall not affect--
(A) any action taken or proceeding pending not
finally concluded or determined on such date; or
(B) any rights or duties that matured or penalties
that were incurred before such date.
SEC. 305. AUTHORITIES TO RESPOND TO ECONOMIC COERCION.
(a) Authorities To Respond to Emergency Acts of Economic
Coercion.--
(1) Authorities relating to foreign trading partners.--The
authorities described in this paragraph are--
(A) providing immediate financial assistance to a
foreign trading partner through the provision of
existing unobligated funds, without further
appropriation;
(B) instructing the United States Executive
Director at each international financial institution of
the World Bank Group, the Executive Director at the
Inter-American Development Bank, the Executive Director
of the African Development Bank, the Director of the
European Bank for Reconstruction and Development, and
the Director of the Asian Development Bank, as
appropriate, to use the voice and vote of the United
States at the respective institution to vote for
emergency lending to a foreign trading partner of the
United States;
(C) providing technical assistance and analysis to
a United States Embassy hosted by a foreign trading
partner experiencing an act of economic coercion and to
the United States Government through a specialist
interagency team that--
(i) consists of international trade,
finance, and economic policy experts authorized
by the President from relevant Federal
departments and agencies, including--
(I) the Department of State;
(II) the Department of Commerce;
(III) the Department of
Agriculture;
(IV) the Department of the
Treasury;
(V) the Office of the United States
Trade Representative; and
(VI) the Office of the Director of
National Intelligence;
(ii) may provide specific advice to the
government of a foreign trading partner
regarding both short-term and long-term
vulnerabilities to economic coercion; and
(iii) shall have a duration of assignment
determined by the President, in consultation
with the heads of the relevant Federal
departments and agencies.
(2) Authorities with respect to foreign adversaries.--The
authorities described in this paragraph are--
(A) initiating an investigation of the economic
coercion in accordance with section 302 of the Trade
Act of 1974 (19 U.S.C. 2412); and
(B) an action authorized under section 301 of such
Act (19 U.S.C. 2411) if an affirmative determination
has been made pursuant to section 304 of such Act (19
U.S.C. 2414) in connection with an investigation
described in subparagraph (A).
(b) Authorities To Respond to Extended Acts of Economic Coercion.--
(1) Authorities with respect to foreign trading partners.--
The authorities described in this paragraph are--
(A) an expedited review of a country's eligibility
for trade preference programs;
(B) requesting appropriations for foreign aid to
the foreign trading partner;
(C) an expedited decision with respect to the
issuance of licenses for the export or reexport to, or
in-country transfer in, the foreign trading partner of
items subject to controls under the Export
Administration Regulations, consistent with the Export
Control Reform Act of 2018 (50 U.S.C. 4801 et seq.);
(D) the expedited regulatory processes related to
the importation of goods and services into the United
States from the foreign trading partner;
(E) requesting the necessary authority and
appropriations for sovereign loan guarantees to the
foreign trading partner;
(F) waiving policy requirements (other than policy
requirements mandated by an Act of Congress, including
the policies and procedures established pursuant to
section 11 of the Export-Import Bank Act of 1945 (12
U.S.C. 635i-5)), to the extent necessary to facilitate
the provision of financing to support exports to the
foreign trading partner;
(G) requesting appropriations for loan loss
reserves to facilitate the provision of financing to
support United States exports to the foreign trading
partner;
(H) the exemption of financing provided to support
United States exports to the foreign trading partner
under section 8(g)(1) of the Export-Import Bank Act of
1945 (12 U.S.C. 635g(g)(1));
(I) providing technical assistance and legal
expertise through the Office of the United States Trade
Representative to support the trading partner's pursuit
of a case at the World Trade Organization regarding the
economic coercion;
(J) United States participation as a third party in
support of any case brought by the trading partner at
the World Trade Organization regarding the economic
coercion; and
(K) expedited review of petitions under the
Generalized System of Preferences set forth in title V
of the Trade Act of 1974 (19 U.S.C. 2461 et seq.)
related to article and country eligibility, competitive
need limitation waivers, and product redesignations.
(2) Authorities with respect to foreign adversaries.--The
authorities described in this paragraph are--
(A) initiating an investigation of the economic
coercion in accordance with section 302 of the Trade
Act of 1974 (19 U.S.C. 2412);
(B) an action authorized under section 301 of such
Act (19 U.S.C. 2411) if an affirmative determination
has been made pursuant to section 304 of such Act (19
U.S.C. 2414) in connection with an investigation
described in subparagraph (A).
SEC. 306. COORDINATION WITH ALLIES AND PARTNERS.
(a) Coordination by President.--After a determination by the
President that a foreign trading partner is subject to economic
coercion by a foreign adversary, the President shall endeavor to
coordinate--
(1) the exercise of the authorities described in section
305 with the exercise of relevant authorities by allies and
partners to broaden economic support to the foreign trading
partner affected by economic coercion; and
(2) with allies and partners to issue joint condemnation of
the actions of the foreign adversary and support for the
foreign trading partner.
(b) Coordination by Secretary.--The Secretary, in coordination with
the heads of relevant Federal agencies, shall endeavor--
(1) to encourage allies and partners to identify or create
mechanisms and authorities necessary to facilitate the
coordination described in subsection (a)(1);
(2) to coordinate with allies and partners to increase
opposition to economic coercion in the international community;
(3) to coordinate with allies and partners to deter the use
of economic coercion by foreign adversaries; and
(4) to engage with foreign trading partners to gather
information about possible instances of economic coercion and
share such information with the appropriate congressional
committees.
(c) Coordination by United States Trade Representative.--The United
States Trade Representative shall examine the viability and utility of
working with allies and partners at the World Trade Organization to
negotiate a multilateral agreement regarding cooperation to address
economic coercion.
SEC. 307. EXPEDITED CONSIDERATION OF ECONOMIC COERCION RESPONSE
PACKAGE.
(a) Definitions.--In this section:
(1) Implementation bill.--The term ``implementation bill''
means a bill of Congress consisting solely of the authorities
requested by the President (referred to in this section as the
``Economic Coercion Response Package'') pursuant to section
304(a).
(2) Instructions.--The term ``instructions'' refers to the
specific recommendations or actions requested by the President
that detail the authorities to be exercised to respond to
economic coercion.
(b) Instructions.--
(1) Presidential submission.--If the President determines
that a foreign trading partner is subject to economic coercion,
the President shall submit to Congress an Economic Coercion
Response Package pursuant to section 304(a), including detailed
instructions outlining the specific actions and authorities
requested.
(2) Committee instructions.--Each Economic Coercion
Response Package submitted pursuant to paragraph (1) shall
include instructions to the relevant congressional committees
specifying the actions to be taken within their respective
jurisdictions.
(c) Committee Action.--
(1) Referral to committees.--Each Economic Coercion
Response Package, submitted to Congress pursuant to section
304(a) shall be immediately referred to the congressional
committees with subject matter jurisdiction over the specific
actions and authorities requested.
(2) Committee responsibility.--Each congressional committee
identified in the instructions described in subsection (b)
shall, not later than 15 legislative days after receiving such
instructions--
(A) draft its portion of the implementation bill;
and
(B) report such portion to the clerk of the Senate
or of the House of Representatives, as appropriate.
(3) Failure to report.--If any congressional committee
fails to report its respective portion within the period
provided under paragraph (2), such portion may not be included
in the implementation bill.
(4) Amendments.--Members of the congressional committees
with jurisdiction over the subject matter of a portion of the
implementation bill may offer germane amendments to such
portion before it is reported by the committee.
(d) Aggregation of Provisions.--
(1) Committee reports.--After all of the congressional
committee in either the Senate or the House of Representatives
with subject matter jurisdiction have reported their respective
portions of the implementation bill or have failed to report
such portion within the period prescribed under subsection
(c)(2), all of the reported provisions shall be combined into a
single implementation bill.
(2) No reports.--If none of the congressional committees
with subject matter jurisdiction reports their assigned
provisions, no implementation bill may be introduced.
(3) Final bill.--The implementation bill described in
paragraph (1) shall--
(A) include all of the provisions that have been
reported by the congressional committees with subject
matter jurisdiction; and
(B) be considered on the floor of the Senate or the
House of Representatives, as appropriate.
(e) Consideration in the House of Representatives.--
(1) Introduction.--If the President submits an Economic
Coercion Response Package pursuant to section 304(a) and 1 or
more committees of the House of Representatives have reported
their respective provisions, the implementation bill may be
introduced in the House of Representatives (by request)--
(A) by the majority leader of the House of
Representatives, or by a member of the House of
Representatives designated by the majority leader, on
the next legislative day following the combination of
provisions pursuant to subsection (d); or
(B) if the implementation bill is not introduced
pursuant to subparagraph (A), by any member of the
House of Representatives on any subsequent legislative
day.
(2) Proceeding to consideration.--After the introduction of
the implementation bill, it shall be in order to move to
proceed to consider the implementation bill in the House of
Representatives. The previous question shall be considered as
ordered on the motion to its adoption without intervening
motion. A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(3) Consideration.--The implementation bill shall be
considered as read. All points of order against the
implementation bill and against its consideration are waived.
The previous question shall be considered as ordered on the
request to its passage without intervening motion except 2
hours of debate equally divided and controlled by the proponent
and an opponent, and 1 motion to limit debate on the request. A
motion to reconsider the vote on passage of the implementation
bill shall not be in order.
(4) Amendments.--Amendments to the implementation bill
shall be in order, and debate on any amendment shall be limited
to 10 minutes, equally divided by the proponent and an
opponent.
(5) Vote on passage.--The vote on passage of the
implementation bill shall occur not later than 3 legislative
days after the date of its introduction in the House of
Representatives.
(f) Expedited Procedure in the Senate.--
(1) Introduction in the senate.--If the President submits
an Economic Coercion Response Package pursuant to section
304(a) and 1 or more committees of the Senate with subject
matter jurisdiction have reported their respective provisions,
the implementation bill shall be introduced in the Senate, by
request, by the majority leader of the Senate (for himself or
herself and the minority leader of the Senate) or by any member
of the Senate designated by the majority leader. If the Senate
is not in session on the day on which the implementation bill
is ready for introduction, the implementation bill shall be
introduced as provided on the first day thereafter on which the
Senate is in session.
(2) Proceeding to consideration.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order, not later
than 2 session days after the date on which the implementation
bill is introduced, for the majority leader of the Senate or
his or her designee to move to proceed to the consideration of
the implementation bill. A motion to proceed is in order even
though a previous motion to the same effect has been disagreed
to. All points of order against the motion to proceed to the
bill are waived. The motion to proceed is not debatable. The
motion is not subject to a motion to postpone. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the bill is agreed to, the bill shall
remain the unfinished business until disposed of. All points of
order against the bill and against consideration of the bill
are waived.
(3) Consideration.--Debate on the implementation bill, and
on all debatable motions and appeals in connection with such
bill, shall be limited to not more than 10 hours, which shall
be divided equally between the majority and minority leaders or
their respective designees. Germane amendments to the
implementation bill shall be in order, and debate on any
amendment shall be limited to 10 minutes, equally divided
between the proponent of the bill and an opponent of the bill.
A motion to further limit debate is not in order. No motion to
postpone, motion to proceed to the consideration of other
business, or motion to recommit the bill is in order.
(4) Vote on passage.--The vote on passage of the
implementation bill shall occur immediately following the
conclusion of the debate on the request and a single quorum
call at the conclusion of the debate, if requested in
accordance with the rules of the Senate.
(g) Consideration by the Other House.--
(1) In general.--If, before passing an implementation bill,
1 House of Congress receives from the other House an
implementation bill consisting solely of the text of the
Economic Coercion Response Package submitted by the President
pursuant to section 304(a)--
(A) the implementation bill of the other House
shall not be referred to a committee of such House; and
(B) the procedure in the receiving House shall be
the same as if no implementation bill had been received
from the other House until the vote on passage, when
the implementation bill received from the other House
shall supplant the implementation bill of the receiving
House.
(2) No implementation bill in the senate.--If, after the
President submits an Economic Coercion Response Package
pursuant to section 304(a), an implementation bill is not
introduced in the Senate or if the Senate fails to consider an
implementation bill pursuant to this section, the
implementation bill of the House of Representatives shall be
entitled to expedited floor procedures under this section.
(3) Treatment of companion measure in the senate.--If,
after the Senate passes an implementation bill, the Senate
receives from the House of Representatives an implementation
bill consisting of text that is identical to the Senate-passed
implementation bill, the House-passed implementation bill shall
not be debatable. The vote on passage of the implementation
bill in the Senate shall be considered to be the vote on
passage of the implementation bill received from the House of
Representatives.
(h) Vetoes.--If the President vetoes an implementation bill,
consideration of a veto message in the Senate shall be limited to 10
hours, equally divided between the majority and minority leaders of the
Senate or the designees of the majority and minority leaders of the
Senate.
(i) Constructive Resubmission.--
(1) In general.--In addition to the expedited procedures
otherwise provided under this section, in case of an
implementation bill consisting solely of the text of the
Economic Coercion Response Package submitted by the President
pursuant to section 304(a), the expedited procedures under this
section shall apply to such implementation bill during the
period--
(A) beginning on the date occurring--
(i) in the case of the Senate, 30 session
days before the date on which Congress adjourns
a session of Congress; or
(ii) in the case of the House of
Representatives, 30 days before the date on
which Congress adjourns a session of Congress;
and
(B) ending on the date on which the same or
succeeding Congress first convenes its next session.
(2) Application.--In applying this section for the purposes
of constructive resubmission, an implementation bill described
under paragraph (1) shall be treated as though such
implementation bill were submitted on--
(A) in the case of the Senate, the 15th session
day; or
(B) in the case of the House of Representatives,
the 15th legislative day, after the succeeding session
of Congress first convenes.
(3) Limitation.--A constructive resubmission of an
implementation bill pursuant to this subsection shall not apply
if a vote with respect to the implementation bill was taken in
either House in a preceding session of Congress.
SEC. 308. PROCESS FOR JOINT RESOLUTIONS OF DISAPPROVAL.
(a) Definitions.--In this section, the term ``joint resolution of
disapproval'' means, with respect to an emergency determination
pursuant to section 304(b), per the revocation outlined in section
304(c), only a joint resolution of either House of Congress--
(1) that does not have a preamble;
(2) the title of which is as follows: ``A joint resolution
disapproving the emergency authorities to act against economic
coercion, as exercised by the President under section 304(b) of
the Countering Economic Coercion Act of 2024; and
(3) the sole matter after the resolving clause of which is
as follows: ``That Congress disapproves the authorities
exercised by the President under section 304(b) of the
Countering Economic Coercion Act of 2024, submitted to Congress
on ___.'', with the blank space being filled with the
appropriate date.
(b) Joint Resolution of Disapproval for Emergency Determination.--
(1) Introduction.--
(A) Introduction in the house of representatives.--
During a period of 5 legislative days beginning on the
date that a notice of action is submitted to the
appropriate congressional committees in accordance with
section 4(b)(2)(B), a joint resolution of disapproval
may be introduced in the House of Representatives by
the majority leader or the minority leader.
(B) Introduction in the senate.--During a period of
5 days on which the Senate is in session beginning on
the date that a notice of action is submitted to the
appropriate congressional committees in accordance with
section 4(b)(2)(B), a joint resolution of disapproval
may be introduced in the Senate by the majority leader
(or the majority leader's designee) or the minority
leader (or the minority leader's designee).
(c) Floor Consideration in the House of Representatives.--
(1) Reporting and discharge.--If a committee of the House
of Representatives to which a joint resolution of disapproval
has been referred has not reported such joint resolution within
10 legislative days after the date of such referral, such
committee shall be discharged from further consideration of the
joint resolution.
(2) Proceeding to consideration.--In the House of
Representatives, the following procedures shall apply to a
joint resolution of disapproval:
(A) Beginning on the third legislative day after
each committee to which a joint resolution of
disapproval has been referred reports it to the House
of Representatives or has been discharged from further
consideration of the joint resolution, it shall be in
order to move to proceed to consider the joint
resolution in the House of Representatives.
(B) All points of order against the motion are
waived. Such a motion shall not be in order after the
House of Representatives has disposed of a motion to
proceed on a joint resolution with regard to the same
certification. The previous question shall be
considered as ordered on the motion to its adoption
without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
(3) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to final passage without intervening motion except 2
hours of debate, equally divided and controlled by the sponsor
of the joint resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
(d) Consideration in the Senate.--
(1) Committee referral.--A joint resolution of disapproval
introduced in the Senate shall be referred to the Committee on
Foreign Relations of the Senate.
(2) Reporting and discharge.--If the Committee on Foreign
Relations of the Senate does not report a joint resolution of
disapproval within 10 days during which the Senate is in
session after the date such resolution was referred to such
committee, the committee shall be discharged from further
consideration of such joint resolution and the joint resolution
shall be placed on the appropriate calendar.
(3) Motion to proceed.--Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order at any time after
the Committee on Foreign Relations of the Senate reports the
joint resolution of disapproval to the Senate or has been
discharged from its consideration (even though a previous
motion to the same effect has been disagreed to) to move to
proceed to the consideration of the joint resolution, and all
points of order against the joint resolution (and against
consideration of the joint resolution) shall be waived. The
motion to proceed is not debatable. The motion is not subject
to a motion to postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of the joint
resolution of disapproval is agreed to, the joint resolution
shall remain the unfinished business until disposed.
(4) Debate.--Debate on a joint resolution of disapproval,
and on all debatable motions and appeals in connection with
such joint resolution, shall be limited to not more than 10
hours, which shall be divided equally between the majority and
minority leaders or their designees. A motion to further limit
debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration
of other business, or a motion to recommit the joint resolution
is not in order.
(5) Vote on passage.--The vote on passage of a joint
resolution of disapproval shall occur immediately following the
conclusion of the debate on the joint resolution of disapproval
and a single quorum call at the conclusion of the debate, if
requested in accordance with the rules of the Senate.
(6) Rules of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate, as the case may be, to the procedure relating to
the joint resolution of disapproval shall be decided without
debate.
(7) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to a joint resolution of
disapproval, including all debatable motions and appeals in
connection with such joint resolution, shall be limited to 10
hours, to be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
(e) Procedures in the Senate.--Except as otherwise provided in this
section, the following procedures shall apply in the Senate to a joint
resolution of disapproval to which this section applies:
(1) Except as provided in paragraph (2), a joint resolution
of disapproval that has been passed by the House of
Representatives shall, when received in the Senate, be referred
to the Committee on Foreign Relations of the Senate for
consideration in accordance with this subsection.
(2) If a joint resolution of disapproval to which this
section applies was introduced in the Senate before receipt of
a joint resolution of disapproval that has passed the House of
Representatives, the joint resolution from the House of
Representatives shall, when received in the Senate, be placed
on the calendar. If this paragraph applies, the procedures in
the Senate with respect to a joint resolution of disapproval
introduced in the Senate that contains the identical matter as
a joint resolution of disapproval that passed the House of
Representatives shall be the same as if no joint resolution of
disapproval had been received from the House of
Representatives, except that the vote on passage in the Senate
shall be on the joint resolution of disapproval that passed the
House of Representatives.
(f) Rules of the House of Representatives and the Senate.--This
section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution of disapproval
under this paragraph, and supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
Subtitle B--Other Matters To Counter Predatory Economic Practices by
the People's Republic of China
SEC. 311. 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 under paragraph (1), the plaintiff
may 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 such terms are
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 violated subsection (a); and
(2) the defendant has the burden of rebutting such case by
establishing that the defendant did not violate subsection (a).
(e) Filing of Amicus Briefs by the Department of State and the
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.
(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. 312. 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 striking
``(3)'' each place it appears and inserting ``(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'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) in the case of a violation of section 1832(a)(4), the
offender attempts to import a product or digital article
described in such 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'' at the end;
(3) in paragraph (7)--
(A) by inserting an end quote after ``purposes'';
and
(B) by striking the end quote and final period at
the end and inserting ``; and''; and
(4) by adding at the end the following:
``(8) the term `digital article' means an algorithm,
digitized process, or database, or any other electronic
technology that generates, stores, or processes data.''.
SEC. 313. 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 of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Commerce, Science, and
Transportation of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Foreign Affairs of the House
of Representatives;
(F) the Committee on Financial Services of the
House of Representatives;
(G) the Committee on Energy and Commerce of the
House of Representatives; and
(H) the Committee on the Judiciary of the House of
Representatives.
(2) Committee.--The term ``Committee'' means the committee
established or designated pursuant to 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 such existing
committee has the relevant expertise and personnel to
carry out this section.
(2) Membership.--Except as provided under paragraph (3),
the Committee shall be comprised of--
(A) the Secretary of the Treasury;
(B) the Secretary of Commerce;
(C) the Secretary;
(D) the Attorney General;
(E) the Director of National Intelligence; and
(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, in accordance with 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 pursuant to
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 pursuant to 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 pursuant to
subsection (c), the Committee shall conduct a review of the
petition in order to determine whether the imposition of
sanctions pursuant to 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 pursuant to
paragraph (1) of a petition submitted pursuant to 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 pursuant to 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 pursuant to 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
pursuant to paragraph (1) with respect to a foreign person
identified in a petition submitted pursuant to 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 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.--Any 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 such 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 pursuant to 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 pursuant to subsection (c).
SEC. 314. FOSTERING ENERGY DEVELOPMENT ALIGNED WITH PARTNER COUNTRY
NEEDS.
(a) In General.--The Secretary may not exclude or otherwise limit
the provision of funds that would otherwise have been available under
any Federal law or regulation to support natural gas and civil nuclear
energy projects, including market development, infrastructure,
technology, or technical assistance on the basis that--
(1) such projects result in new carbon emissions or
associated infrastructure;
(2) a higher-cost and lower-emissions alternative is
available; or
(3) lower cost alternatives are available where pricing
does not take into account dispatchability, given the
importance of flexible generation for ensuring a stable and
reliable power supply.
(b) Partner Country Driven Energy Projects.--In prioritizing energy
projects for which United States allies and partners are seeking
assistance authorized to be appropriated under Federal law the
Secretary should take into consideration--
(1) the objectives of improving--
(A) energy access within the partner country;
(B) energy security; and
(C) economic needs of the host country;
(2) appropriate coordination with host country government
authorities; and
(3) the national security or foreign policy interests of
the United States.
(c) Additional Funding.--Federal foreign assistance funds allocated
to an energy project--
(1) shall be in addition to investments made by the United
States private sector and the private sector of United States
partners or allied countries; and
(2) should not displace or complicate private sector
involvement in the development of host country energy
resources.
(d) Chief of Mission Authority.--The Secretary shall be responsible
for the management and operation of commercial engagements on all
energy projects conducted under chief of mission authority at all
United States embassies.
SEC. 315. OPPOSITION OF UNITED STATES TO AN INCREASE IN WEIGHT OF
CHINESE RENMINBI IN SPECIAL DRAWING RIGHTS BASKET OF
INTERNATIONAL MONETARY FUND.
(a) In General.--The Secretary of the Treasury shall instruct the
United States Governor of, and the United States Executive Director at,
the International Monetary Fund to use the voice and vote of the United
States to oppose any increase in the weight of the Chinese renminbi in
the basket of currencies used to determine the value of Special Drawing
Rights, unless the Secretary of the Treasury has submitted a written
report to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives that includes a certification that--
(1) the PRC is in compliance with all its obligations under
Article VIII of the Articles of Agreement of the Fund;
(2) during the preceding 12 months, there has not been a
report submitted under section 3005 of the Omnibus Trade and
Competitiveness Act of 1988 (22 U.S.C. 5305) or section 701 of
the Trade Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4421) in which the PRC has been found to have
manipulated its currency; and
(3) the PRC has instituted and is implementing the policies
and practices necessary to ensure that the renminbi is freely
usable (within the meaning of Article XXX(f) of the Articles of
Agreement of the Fund).
(b) Sunset.--Subsection (a) shall have no force or effect beginning
on the date that is 10 years after the date of the enactment of this
Act.
SEC. 316. STRENGTHENING CONGRESSIONAL OVERSIGHT OF SPECIAL DRAWING
RIGHTS AT INTERNATIONAL MONETARY FUND.
Section 6 of the Special Drawing Rights Act (22 U.S.C. 286q) is
amended--
(1) in subsection (a)--
(A) by striking ``each basic period'' and inserting
``any 10-year period''; and
(B) by inserting ``25 percent of'' before ``the
United States quota''; and
(2) in subsection (b)(1)--
(A) by inserting ``, or consent to or acquiesce in
such an allocation,'' before ``without consultations'';
and
(B) by striking ``90 days'' and inserting ``180
days''.
SEC. 317. SECURITY AND OVERSIGHT FOR INTERNATIONAL LANDHOLDINGS.
(a) Review by Committee on Foreign Investment in the United States
of Certain Agricultural Real Estate Transactions.--Section 721(a)(4)(B)
of the Defense Production Act of 1950, as amended by section 308, is
further amended by adding at the end the following:
``(vii) Any acquisition or transfer of an
interest, other than a security, in
agricultural land held by a person that is a
national of, or is organized under the laws or
otherwise subject to the jurisdiction of, a
country--
``(I) designated as a nonmarket
economy country pursuant to section
771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18)); or
``(II) identified as a country that
poses a risk to the national security
of the United States in the most recent
annual report on worldwide threats
issued by the Director of National
Intelligence pursuant to section 108B
of the National Security Act of 1947
(50 U.S.C. 3043b) (commonly known as
the `Annual Threat Assessment').''.
(b) Review by Committee on Foreign Investment in the United States
of Real Estate Transactions Near Military Installations.--Section
721(a)(4)(B) of the Defense Production Act of 1950, as amended by
subsection (a) and sections 102(a)(1)(B) and 308(a), is further amended
by adding at the end the following:
``(viii) Any acquisition or transfer of an
interest, other than a security, in any form of
real estate that is located not more than 50
miles from a military installation (as defined
in section 2801(c)(4) of title 10, United
States Code) other than residential property
held by a person that is a national of, or is
organized under the laws or otherwise subject
to the jurisdiction of, a country described in
clause (vii).''.
(c) Expansion of Membership in Committee on Foreign Investment in
the United States.--Section 721(k)(6) of the Defense Production Act of
1950 (50 U.S.C. 4565(k)(6)) is amended to read as follows:
``(6) Other members.--The chairperson shall include the
heads of relevant departments, agencies, and offices (or the
designee of any such head) in any review or investigation under
subsection (b), on the basis of the facts and circumstances of
the covered transaction under review or investigation.''.
(d) Prohibition on Use of Funds for Certain Agricultural Real
Estate Holdings.--No assistance, including subsidies, may be provided
by any Federal agency to a person for an agricultural real estate
holding wholly or partly owned by a person that is a national of, or is
organized under the laws or otherwise subject to the jurisdiction of, a
country described in section 721(a)(4)(B)(viii) of the Defense
Production Act of 1950, as added by subsection (a).
(e) Disclosure Requirements for Foreign Agricultural Real Estate
Holdings.--
(1) Reporting requirements.--Section 2(a) of the
Agricultural Foreign Investment Disclosure Act of 1978 (7
U.S.C. 3501(a)) is amended--
(A) in the first sentence of the matter preceding
paragraph (1)--
(i) by inserting ``, or enters into a
leasing agreement the period of which is longer
than 5 years with respect to agricultural
land,'' after ``agricultural land''; and
(ii) by striking ``acquisition or
transfer'' and inserting ``acquisition,
transfer, or lease''; and
(B) in paragraph (4), by striking ``acquired or
transferred'' and inserting ``acquired, transferred, or
leased''.
(2) Revocation of minimum acreage requirement.--Section
9(1) of the Agricultural Foreign Investment Disclosure Act of
1978 (7 U.S.C. 3508(1)) is amended by inserting ``, subject to
the condition that the Secretary may not exclude land from this
definition based on the acreage of the land'' before the
semicolon at the end.
(f) Reports of Holdings of Agricultural Land in the United States
by Foreign Persons.--Section 6 of the Agricultural Foreign Investment
Disclosure Act of 1978 (7 U.S.C. 3505) is amended--
(1) by striking the section designation and heading and all
that follows through ``Not later than'' and inserting the
following:
``SEC. 6. REPORTS.
``(a) Transmission of Reports to States.--Not later than''; and
(2) by adding at the end the following:
``(b) Annual Report.--
``(1) In general.--The Secretary shall prepare and make
publicly available an annual report describing holdings of
agricultural land by foreign persons, as determined by the
reports submitted pursuant to section 2, including--
``(A) an analysis of the countries with the most
extensive agricultural land holdings on a State-by-
State and county-by-county basis;
``(B) data and an analysis of agricultural land
holdings in each county in the United States by a
foreign person from--
``(i) the People's Republic of China;
``(ii) the Russian Federation; or
``(iii) any other country that the
Secretary determines to be appropriate;
``(C) an analysis of the sectors and industries for
which the agricultural land holdings are used; and
``(D) in consultation with the Director of the
United States Geological Survey, an identification of
countries that own or lease water rights and mineral
deposits on a State-by-State and county-by-county
basis.
``(2) Transmission to states.--The Secretary shall transmit
each report prepared pursuant to paragraph (1) to each State
department of agriculture or appropriate State agency described
in subsection (a) in conjunction with the applicable reports
transmitted pursuant to that subsection.''.
SEC. 318. INTELLECTUAL PROPERTY VIOLATORS LIST.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and not less frequently than annually thereafter
for the following 5 years, the Secretary, in coordination with the
Secretary of Commerce, the Attorney General, the United States Trade
Representative, and the Director of National Intelligence, shall create
a list (referred to in this section as the ``IP violators list'') that
identifies--
(1) all centrally administered state-owned enterprises
incorporated in the People's Republic of China that have
benefitted from--
(A) a significant act or series of acts of
intellectual property theft that subjected a United
States economic sector or particular company
incorporated in the United States to harm; or
(B) an act or government policy of involuntary or
coerced technology transfer of intellectual property
ultimately owned by a company incorporated in the
United States; and
(2) any corporate officer of, or principal shareholder with
controlling interests in, an entity described in paragraph (1).
(b) Rules for Identification.--To determine whether there is a
credible basis for determining that a company should be included on the
IP violators list, the Secretary, in coordination with the Secretary of
Commerce, the United States Trade Representative, and the Director of
National Intelligence, shall consider--
(1) any finding by a United States court that the company
has violated relevant United States laws intended to protect
intellectual property rights; or
(2) substantial and credible information received from any
entity described in subsection (c) or other interested persons.
(c) Consultation.--In carrying out this section, the Secretary, in
coordination with the Secretary of Commerce, the United States Trade
Representative, and the Director of National Intelligence, may consult,
as necessary and appropriate, with--
(1) other Federal agencies, including independent agencies;
(2) the private sector;
(3) civil society organizations with relevant expertise;
and
(4) the Governments of Australia, of Canada, of the
European Union, of Japan, of New Zealand, of South Korea, and
of the United Kingdom.
(d) Report.--
(1) In general.--The Secretary shall publish, in the
Federal Register, an annual report that--
(A) lists the companies engaged in the activities
described in subsection (a)(1);
(B) describes the circumstances surrounding actions
described in subsection (a)(2), including any role of
the Government of the People's Republic of China;
(C) assesses, to the extent practicable, the
economic advantage derived by the companies engaged in
the activities described in subsection (a)(1); and
(D) assesses whether each company engaged in the
activities described in subsection (a)(1) is using or
has used the stolen intellectual property in commercial
activity in Australia, Canada, the European Union,
Japan, New Zealand, South Korea, the United Kingdom, or
the United States.
(2) Form.--The report published pursuant to paragraph (1)
shall be published in unclassified form, but may include a
classified annex.
(e) Declassification and Release.--The Director of National
Intelligence may authorize the declassification of information, as
appropriate, used to prepare the report published pursuant to
subsection (d).
(f) Requirement To Protect Business-Confidential Information.--
(1) In general.--The Secretary and the heads of all other
Federal agencies involved in the production of the IP violators
list shall protect from disclosure any proprietary information
submitted by a private sector participant and marked as
business-confidential information, unless the party submitting
the confidential business information--
(A) had notice, at the time of submission, that
such information would be released by the Secretary; or
(B) subsequently consents to the release of such
information.
(2) Nonconfidential version of report.--If confidential
business information is provided by a private sector
participant, a nonconfidential version of the report under
subsection (d) shall be published in the Federal Register that
summarizes or deletes, if necessary, such confidential business
information.
(3) Treatment as trade secrets.--Proprietary information
submitted by a private party pursuant to this section--
(A) shall be considered to be trade secrets and
commercial or financial information (as defined under
section 552(b)(4) of title 5, United States Code); and
(B) shall be exempt from disclosure without the
express approval of the private party.
SEC. 319. ANNUAL REVIEW OF THE PRESENCE OF CHINESE COMPANIES IN UNITED
STATES CAPITAL MARKETS.
(a) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary, in consultation with the
Director of National Intelligence and the Secretary of the
Treasury, shall submit an unclassified report to the
appropriate committees of Congress that describes the risks
posed to the United States by the presence in United States
capital markets of companies incorporated in the PRC.
(2) Matters to be included.--The report required under
paragraph (1) shall--
(A) identify companies incorporated in the PRC
that--
(i) are listed or traded on 1 or more stock
exchanges within the United States, including
over-the-counter market and ``A Shares'' added
to indexes and exchange-traded funds out of
mainland exchanges in the PRC; and
(ii) based on the factors for consideration
described in paragraph (3), have knowingly and
materially contributed to--
(I) activities that undermine
United States national security;
(II) serious abuses of
internationally recognized human
rights; or
(III) a substantially increased
financial risk exposure for United
States-based investors;
(B) describe the activities of the companies
identified pursuant to subparagraph (A), and their
implications for the United States; and
(C) develop policy recommendations for the United
States Government, State governments, United States
financial institutions, United States equity and debt
exchanges, and other relevant stakeholders to address
the risks posed by the presence in United States
capital markets of the companies identified pursuant to
subparagraph (A).
(3) Factors for consideration.--In preparing the report
required under paragraph (1), the President shall consider
whether a company identified pursuant to paragraph (2)(A)--
(A) has materially contributed to the development
or manufacture, or sold or facilitated procurement by
the People's Liberation Army, of lethal military
equipment or component parts of such equipment;
(B) has contributed to the construction and
militarization of features in the South China Sea;
(C) has been sanctioned by the United States or has
been determined to have conducted business with
sanctioned entities;
(D) has engaged in an act or a series of acts of
intellectual property theft;
(E) has engaged in corporate or economic espionage;
(F) has contributed to the proliferation of nuclear
or missile technology in violation of United Nations
Security Council resolutions or United States
sanctions;
(G) has contributed to the repression of religious
and ethnic minorities within the PRC, including in the
Xinjiang Uyghur Autonomous Region or the Tibet
Autonomous Region;
(H) has contributed to the development of
technologies that enable censorship directed or
directly supported by the Government of the PRC;
(I) has failed to comply fully with Federal
securities laws (including required audits by the
Public Company Accounting Oversight Board) and
``material risk'' disclosure requirements of the
Securities and Exchange Commission; or
(J) has contributed to other activities or behavior
determined to be relevant by the President.
(c) Form.--The report required under subsection (b)(1) shall be
submitted in unclassified form, but may include a classified annex.
(d) Publication.--The unclassified portion of the report under
subsection (b)(1) shall be made accessible to the public online through
relevant United States Government websites.
SEC. 320. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF
CERTAIN BATTERIES.
(a) Limitation.--Beginning on October 1, 2027, none of the funds
appropriated or otherwise made available for the Department of State
may be obligated or expended to procure a battery produced by an entity
specified in subsection (b).
(b) Entities Specified.--The entities specified in this subsection
are the following:
(1) Contemporary Amperex Technology Company, Limited (also
known as ``CATL'').
(2) BYD Company, Limited.
(3) Envision Energy, Limited.
(4) EVE Energy Company, Limited.
(5) Gotion High tech Company, Limited.
(6) Hithium Energy Storage Technology company, Limited.
(7) Any successor to an entity specified in paragraphs (1)
through (6).
(c) Treatment of Production.--For purposes of this section, a
battery shall be treated as having been produced by an entity specified
in subsection (b) if such entity--
(1) assembles or manufactures the final product; or
(2) creates or otherwise provides a majority of the
components used in the battery.
(d) National Interest Waiver.--The Secretary may waive the
limitation under subsection (a) if the Secretary submits to the
appropriate congressional committees--
(1) a written determination that such waiver is important
to the national interests of the United States; and
(2) a detailed explanation of how such waiver is important
to such interests.
SEC. 321. ENDING SUPPORT FOR PRC CONTRACTS AT THE WORLD BANK.
(a) Investment Project Financing Contracts.--The Secretary of the
Treasury shall instruct the United States Executive Director at the
International Bank for Reconstruction and Development to use the voice,
vote, and influence of the United States--
(1) to limit the awarding of Investment Project Financing
contracts to entities or individuals organized under the laws
of, or otherwise subject to the jurisdiction of, the People's
Republic of China, including entities owned or controlled by
the Government of the People's Republic of China;
(2) to limit the awarding of Investment Project Financing
contracts to entities listed on--
(A) the Non-SDN Chinese Military-Industrial Complex
Entities List (``NS-CMIC List'') or any of their
subsidiaries;
(B) entities or individuals on the Specially
Designated Nationals List (``SDN List'');
(C) the Consolidated Sanctions List (``Non-SDN
List'');
(D) the Sectoral Sanctions Identifications List
(``SSI List'');
(E) the Foreign Sanctions Evaders List (``FSE
List'');
(F) the List of Foreign Financial Institutions
Subject to Correspondent Account or Payable-Through
Account Sanctions (``CAPTA List'');
(G) the Non-SDN Menu-Based Sanctions List (``NS-MBS
List'');
(H) the Covered List;
(I) the Entity List;
(J) the Military End-User List; and
(K) the Consolidated Screening List; and
(3) to encourage the adoption of sanctions and export
control lists as appropriate as criteria in future iterations
of the World Bank Procurement Framework or successor guidance
documents for Investment Project Financing projects.
(b) Report.--Beginning in the first calendar year beginning after
the date of the enactment of this Act, the Department of the Treasury,
as part of the Annual Report to Congress from the Chairman of the
National Advisory Council on International Monetary and Financial
Policies, shall include--
(1) information regarding any contracts awarded by the
World Bank Group, the European Bank for Reconstruction and
Development, the Asian Development Bank, the African
Development Bank, and the Inter-American Development Bank to
entities described in paragraphs (1) and (2) of subsection (a)
during the preceding calendar year, including--
(A) the title or other identifying name of the
project;
(B) a description of the project;
(C) the location of the project;
(D) the amount of funding or financing allocated
for the project;
(E) the amount of funding or financing disbursed
under the project; and
(F) a summary of the status of the implementation
of the project;
(2) to the greatest extent possible, information regarding
any other entities that submitted bids for Investment Project
Financing contracts ultimately awarded to persons or entities
described in paragraph (1) or (2) of subsection (a) during the
preceding calendar year;
(3) records of votes held by the World Bank Group Boards of
Governors in the preceding calendar year regarding policies
related to the World Bank Procurement Framework; and
(4) any changes to the Framework resulting from such votes.
SEC. 322. REPORT ON UNITED STATES DEVELOPMENT EFFORTS TO COUNTER THE
PRC'S BELT AND ROAD INITIATIVE.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
House Committee on Foreign Affairs;
(2) the Committee on Commerce, Science, and Transportation
of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Finance of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on Energy and Commerce of the House of
Representatives;
(7) the Committee on Financial Services of the House of
Representatives; and
(8) the Committee on Ways and Means of the House of
Representatives.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that includes--
(1) a description of the current interagency process for
coordinating international development projects and investments
among--
(A) the Department of State;
(B) the United States Agency for International
Development;
(C) the Millennium Challenge Corporation;
(D) the United States Trade and Development Agency;
(E) the Department of Commerce;
(F) the Department of the Treasury;
(G) the Export-Import Bank of the United States;
(H) the Office of the United States Trade
Representative; and
(I) other executive branch agencies that the
Secretary considers relevant to such report;
(2) a list of interagency priorities when identifying and
pursing joint or complementary international development
projects;
(3) the extent to which the interagency process for
identifying and pursing international development projects
considers competition with the PRC and its Belt and Road
Initiative;
(4) the extent to which such interagency process consults
with the Department of Defense for guidance on projects or
investments that might advance United States national security
interests as laid out in the National Security Strategy and the
National Defense Strategy;
(5) an interagency strategy for identifying international
development projects that can be pursued jointly or in a
complementary fashion with other United States development
agencies and initiatives, including how United States
Government development agencies can work together to counter
the PRC's Belt and Road Initiative;
(6) how the interagency process works with global partners
and allies, including international development bodies, to
compete with the PRC and its Belt and Road Initiative; and
(7) strategic industries or regions where the United States
Government and its foreign partners should pursue more
international development projects in order to compete with the
PRC and its Belt and Road initiative.
TITLE IV--STRENGTHENING SECURITY ALLIANCES AND PARTNERSHIPS
Subtitle A--International Security Partners
SEC. 401. DEFINED TERM.
In this subtitle, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Armed Services of the House of
Representatives.
SEC. 402. RESTRICTION ON TRACK 1.5 DIALOGUES WITH THE PEOPLE'S REPUBLIC
OF CHINA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the PRC has undertaken a breathtaking expansion of its
nuclear weapons and missile arsenal and is now engaged in a
sprint to strategic parity with the United States;
(2) the PRC has failed to respond to United States efforts
to participate in confidence-building measures related to
strategic issues or to establish official dialogues with the
United States on crisis stability and arms race stability;
(3) the PRC is not implementing previously agreed to
military-to-military confidence-building measures that require
notification of major military exercises, nor is it adhering to
the Memorandum of Understanding on the Rules of Behavior for
Safety of Air and Maritime Encounters between the Department of
Defense of the United States of America and the Ministry of
National Defense of the People's Republic of China, done at
Washington and Beijing November 9, 2014, or its supplemental
agreements;
(4) the PRC is failing to adhere to its commitment under
Article VI of the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Washington, London, and Moscow July 1, 1968
(commonly referred to as the ``Nuclear Nonproliferation
Treaty'' or the ``NPT''), ``to pursue negotiations in good
faith on effective measures relating to cessation of the
nuclear arms race at an early date and to nuclear disarmament,
and on a treaty on general and complete disarmament under
strict and effective international control'';
(5) the PRC's nuclear weapons expansion is designed to
undermine extended deterrence commitments made by the United
States to allies in the Indo-Pacific region;
(6) Sino-Russian nuclear energy cooperation is designed in
part to generate additional fissile material to help fuel the
PRC's nuclear weapons expansion;
(7) the Chinese Communist Party (CCP) does not share the
United States interest in preventing proliferation and has been
a central contributor to fostering the nuclear weapons and
ballistic missile programs of Pakistan, North Korea, and Iran;
(8) the United States should not continue to solicit
Chinese participation in arms control talks;
(9) multilateral fora like P-5 meetings of the nuclear-
weapon states (as defined in the Nuclear Nonproliferation
Treaty) are ineffective and are used by the Chinese Communist
Party to create the appearance of cooperation; and
(10) the United States should cease funding and
participating in Track 1.5 dialogues with the PRC on nuclear
weapons, strategic space, and missile defense, which--
(A) have not led to beneficial outcomes in
government-to-government discussions on those topics;
and
(B) provide the PRC with insight and know-how into
nuclear strategy and other topics without providing
reciprocal insight for the United States.
(b) Defined Term.--In this section, the term ``Track 1.5 dialogue''
means a dialogue or other meeting on a policy issue or issues that
includes nongovernment representatives and government representatives.
(c) Limitation on Use of Funds.--No amounts appropriated or
otherwise made available to the Department of State or the Department
of Defense may be obligated or expended for any diplomatic or military-
to-military Track 1.5 dialogues on nuclear, missile defense, or space
policy with any entity under the direct control of the Chinese
Communist Party or the Government of the People's Republic of China,
including the Ministry of Foreign Affairs, the Ministry of Defense, or
the People's Liberation Army of the People's Republic of China.
SEC. 403. REFOCUSING INTERNATIONAL SECURITY EFFORTS FOR STRATEGIC
COMPETITION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the size of the United States diplomatic corps and the
civil service workforce of the Department of State must be
sufficient to meet the current and emerging security challenges
of the 21st century, particularly those posed by the People's
Republic of China and the Russian Federation;
(2) an increased focus on the PRC in the international
security sphere is necessary to achieve objectives of the
Department in strategic affairs and nonproliferation;
(3) the focus described in paragraph (2) must be
implemented with attention on increasing the number of Foreign
Service officers and civil servants at the Department--
(A) to ensure the Department is resourced at
sufficient levels such that diplomatic tools remain
central to the implementation of a long-term
competitive strategy with the PRC; and
(B) to coordinate with efforts of allies and
partners to improve the security of the United States
and advance allied interests in the face of the
military modernization and expansion of the PRC;
(4) the centrality of traditional legally binding arms
control agreements in United States national security policy is
likely to diminish in an era of strategic competition with the
Russian Federation and the PRC;
(5) emerging technologies such as cyber, artificial
intelligence, quantum technologies, space, hypersonic missiles,
and fractional orbit bombardment systems, and advances in
missile defense systems, will increasingly impact the strategic
balance between the United States and its great power
adversaries; and
(6) strategic threats will be increasingly addressed
through risk reduction measures such as the promotion of
international norms in multilateral forums, increasing
communication and predictability with adversaries, and close
cooperation and security integration with allies and partners.
(b) Statement of Policy.--It shall be the policy of the United
States--
(1) to ensure funding levels for the Department of State
for international security reflect the importance and
significance of the Indo-Pacific region to the political,
economic, and security interests of the United States;
(2) to increase funding and the proportion of personnel
dedicated to the Indo-Pacific region respective to the
international security budget of the Department of State; and
(3) to confront the current limitations on United States
Foreign Service Officer exposure to the Russian Federation by
maintaining education and focus on Russian culture, politics,
military strategy, and language.
(c) Action Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees an action plan that--
(A) identifies the requirements to advance the
international security objectives of the United States
in the Indo-Pacific region and the personnel and
budgetary resources needed to meet those requirements,
assuming an unconstrained resource environment;
(B) identifies the offices responsible for managing
bilateral and multilateral arms control,
nonproliferation, and disarmament agreements that are
expired, are expiring, or the United States has
withdrawn from, and a description of how the missions
of those offices could be revised to focus on
competitive strategies and risk reduction initiatives
in the Indo-Pacific region;
(C) identifies any staff positions related to arms
control efforts that adversaries are not participating
in or cooperating with, and a description of how those
positions could be reallocated;
(D) includes a plan for increasing the portion of
the international security budget of the Department of
State dedicated to the Indo-Pacific region, including
through the reallocation of personnel and resources,
with a focus on the threat posed by the military
modernization and expansion of the PRC;
(E) includes a plan for increasing the number of
positions in bureaus of the Department that report to
the Under Secretary of State for Arms Control and
International Security and in overseas missions with
responsibility for the Indo-Pacific region, including a
description of such increases and how such increases
will advance United States objectives in the Indo-
Pacific region;
(F) describes concrete, annual benchmarks that the
Department will meet in implementing the action plan;
and
(G) describes any barriers to implementing the
action plan.
(2) Updates.--During the 2-year period beginning on the
date on which the action plan is submitted pursuant to
paragraph (1), the Secretary shall submit to the appropriate
congressional committees semiannual updates on the
implementation of the action plan that includes--
(A) supporting data; and
(B) a detailed assessment of benchmarks that have
been met.
SEC. 404. REPORT ON DIPLOMATIC OUTREACH WITH RESPECT TO PRC MILITARY
INSTALLATIONS OVERSEAS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of Defense, shall submit a report to the appropriate
committees of Congress regarding United States diplomatic engagement
with other countries that host or are considering hosting any military
installation of the Government of the PRC.
(b) Matters To Be Included.--The report required under subsection
(a) shall--
(1) list the countries that currently host or are
considering hosting any military installation of the Government
of the PRC;
(2) describe in detail United States diplomatic and related
efforts to engage countries that are considering hosting a
military installation of the Government of the PRC, and the
results of such efforts;
(3) assess the adverse impact on United States interests of
the Government of the PRC successfully establishing a military
installation at any of the locations it is currently
considering;
(4) describe and list any commercial ports outside of the
PRC that the United States Government assesses could be used by
the Government of the PRC for military purposes, and any
diplomatic efforts to engage the governments of the countries
where such ports are located;
(5) describe the impact of the military installations of
the Government of the PRC on United States interests; and
(6) include lessons learned from the diplomatic experience
of addressing the PRC's first overseas base in Djibouti.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in classified form, but may include an unclassified
summary.
SEC. 405. LIMITATION ON ASSISTANCE TO COUNTRIES HOSTING PRC MILITARY
INSTALLATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) although it casts the Belt and Road Initiative as a
development initiative, the PRC is also utilizing the Belt and
Road Initiative to advance its own security interests,
including to expand its power projection capabilities and
facilitate greater access for the People's Liberation Army
through overseas military installations; and
(2) the expansion of the People's Liberation Army globally
through overseas military installations will undermine the
medium- and long-term security of the United States and the
security and development of strategic partners in critical
regions around the world, which is at odds with United States
goals to promote peace, prosperity, and self-reliance among
partner nations, including through the Millennium Challenge
Corporation.
(b) Limitation on Assistance.--Except as provided under subsection
(c), for fiscal years 2024 through 2033, the government of a country
that is hosting on its territory a military installation of the
Government of the People's Republic of China or facilitates the
expansion of the presence of the People's Liberation Army for purposes
other than participating in United Nations peacekeeping operations or
for temporary humanitarian, medical, and disaster relief operations in
such country shall not be eligible for assistance under section 609 or
616 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708, 7715).
(c) National Interest Waiver.--The President, on a case by case
basis, may waive the limitation under subsection (b) if the President
submits to the appropriate congressional committees--
(1) a written determination that such waiver is important
to the national interests of the United States; and
(2) a detailed explanation of how the waiver is important
to such interests.
SEC. 406. AMENDMENT TO THE STOP HARBORING IRANIAN PETROLEUM ACT.
The Stop Harboring Iranian Petroleum Act (division J of Public Law
118-50) is amended--
(1) by redesignating section 6 as section 7; and
(2) inserting after section 5 the following:
``SEC. 6. COOPERATIVE AGREEMENTS TO PROTECT AMERICANS FROM DRONE
ATTACKS.
``(a) Sense of Congress.--It is the sense of Congress that--
``(1) the United States condemns the January 28, 2024,
drone attack on Tower 22 in Jordan by Iranian-backed militias
that tragically took the lives of 3 American servicemembers and
wounded 47 others;
``(2) one-way attack drones and similar low-cost armed
unmanned aerial systems are the most dangerous asymmetric
threat employed by Iranian-aligned militias against Americans
and American interests;
``(3) United States defense against drones relies on a
patchwork of defensive systems, and the United States and like-
minded partners need to develop defensive systems that leverage
innovation and are responsive to rapidly changing technology
and attack methodologies;
``(4) the United States should improve cooperation with
like-minded partners to systematically map out, expose, and
disrupt missile and drone procurement networks used by the
Iran-backed Houthi rebels in Yemen and other Iranian proxies
targeting United States forces and assets and United States
allies and partners in the region;
``(5) the partner countries of the United States, including
Iraq, Jordan, and countries on the Arabian Peninsula, face
urgent and emerging threats from unmanned aerial systems and
other unmanned aerial vehicles;
``(6) joint research and development to counter unmanned
aerial systems will serve the national security interests of
the United States and its partners in Iraq, Jordan, and on the
Arabian Peninsula;
``(7) development of counter Unmanned Aircraft Systems
technology will reduce the impacts of these attacks, build
deterrence, and increase regional stability; and
``(8) the United States and partners in Iraq, Jordan, and
on the Arabian Peninsula should continue to work together to
protect against the threat from unmanned aerial systems.
``(b) Defined Term.--In this section, the term `Arabian Peninsula'
means Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab
Emirates, and Yemen.
``(c) Authority To Enter Into a Cooperative Agreement To Protect
Americans in Iraq, Jordan, and on the Arabian Peninsula From Weaponized
Unmanned Aerial Systems.--
``(1) In general.--The President is authorized to enter
into a cooperative project agreement with Iraq, Jordan, and
countries on the Arabian Peninsula under the authority of
section 27 of the Arms Export Control Act (22 U.S.C. 2767) to
carry out research on and development, testing, evaluation, and
joint production (including follow-on support) of defense
articles and defense services to detect, track, and destroy
armed unmanned aerial systems that threaten the United States
and its partners in Iraq, Jordan, and on the Arabian Peninsula.
``(2) Applicable requirements.--
``(A) In general.--The cooperative project
agreement described in paragraph (1)--
``(i) shall provide that any activities
carried out pursuant to such agreement are
subject to--
``(I) the applicable requirements
described in subparagraphs (A), (B),
and (C) of section 27(b)(2) of the Arms
Export Control Act (22 U.S.C.
2767(b)(2)); and
``(II) any other applicable
requirements of the Arms Export Control
Act (22 U.S.C. 2751 et seq.) with
respect to the use, transfer, and
security of such defense articles and
defense services under such Act;
``(ii) shall establish a framework to
negotiate the rights to intellectual property
developed under such agreement; and
``(iii) shall be defensive in nature.
``(B) Congressional notification requirements.--
Notwithstanding section 27(g) of the Arms Export
Control Act (22 U.S.C. 2767(g)), any defense articles
that result from a cooperative project agreement shall
be subject to the requirements under subsections (b)
and (c) of section 36 of such Act (22 U.S.C. 2776).
``(d) Rule of Construction With Respect To Use of Military Force.--
Nothing in this section may be construed as an authorization for the
use of military force.''.
SEC. 407. MISSILE TECHNOLOGY CONTROL REGIME PROVISIONS.
(a) Definitions.--In this section, the terms ``Missile Technology
Control Regime'', ``MTCR'', and ``MTCR equipment or technology'' have
the meanings given such terms in section 74(a) of the Arms Export
Control Act (22 U.S.C. 2797c(a)).
(b) Modification of Certain Provisions Relating to Bilateral
Agreements and AUKUS Defense Trade Cooperation Under the Arms Export
Control Act.--Section 38(j)(1)(C)(ii) of the Arms Export Control Act
(22 U.S.C. 2778(j)(1)(C)(ii)) is amended--
(1) by striking subclauses (I), (II), and (III); and
(2) by redesignating subclauses (IV), (V), (VI), and (VII)
as subclauses (I), (II), (III), and (IV), respectively.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit a report
to the appropriate congressional committees that includes--
(A) the opportunities and challenges United States
participation in the Missile Technology Control Regime
create--
(i) in addressing missile proliferation
threats, including a comprehensive description
of diplomatic and technical engagements with
allies and partners regarding MTCR
participation, guidelines, and standards; and
(ii) regarding security cooperation with
allies and partners, including a comprehensive
description of diplomatic and technical
engagements with allies and partners regarding
MTCR participation, guidelines, and standards;
(B) an update on MTCR-related deliberations and
engagements specific to North Atlantic Treaty
Organization allies, Australia, and other partners and
allies in the Indo-Pacific, including--
(i) technical consultations, diplomatic
engagements, and export control regime
consultations and assistance; and
(ii) an enumeration of planned
modifications to or recommended changes to
address the need for expedited sales and
transfer of MTCR-controlled systems to address
threats to United States national security,
including in the Indo-Pacific region;
(C) a detailed description and assessment of
disinformation and misinformation campaigns or
activities seeking to discredit or undermine global
nonproliferation regimes, including such campaigns or
activities conducted by the PRC, Iran, Russia, and
North Korea and their assessed impact on such regimes;
(D) a detailed description of Russia's efforts to
disrupt consensus based decisions at the MTCR;
(E) a detailed description and assessment of
cooperation between the PRC, Iran, Russia, and North
Korea relating to MTCR equipment or technologies;
(F) a comprehensive list, disaggregated by category
of MTCR equipment or technology, of all countries that
sought to purchase MTCR equipment or technologies
during the 10-year period ending on the date of the
enactment of this Act, including--
(i) average time for an approval or
disapproval decision;
(ii) reasoning and procedures that led to
an approval or disapproval decision; and
(iii) details about countries that have
repeatedly overcome the presumption of denial
standard if and how the Department of State
expedited considerations for further requests;
and
(G) a comprehensive list, disaggregated by category
of MTCR equipment or technology, of United States
persons that have sought to export MTCR equipment or
technologies to other countries, including--
(i) average time for an approval or
disapproval decision;
(ii) reasoning and procedures that led to
an approval or disapproval decision;
(iii) information on those United States
persons who have challenged any disapproval
decision; and
(iv) a detailed explanation of the process
United States persons can follow to appeal a
disapproval decision, including a detailed
licensing process that such persons should
expect to follow to in order to receive
consideration for an approval decision.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 408. STRENGTHENING EXTENDED NUCLEAR DETERRENCE IN THE KOREAN
THEATER OF OPERATIONS.
(a) Findings.--Congress finds the following:
(1) United States extended deterrence commitments to South
Korea have failed to keep pace with the nuclear and strategic
threats in East Asia, in particular those posed by North Korea.
(2) In response to North Korea's nuclear and missile
program and the March 2010 sinking of the ROKS Cheonan (a South
Korean Navy frigate) the Department of Defense established the
United States-Republic of Korea Extended Deterrence Policy
Committee (referred to in this section as the ``EDPC'') in
October 2010--
(A) to strengthen deterrence of North Korea; and
(B) to enhance assurance of the South Korean
public.
(3) In 2012, the EDPC agreed to begin work on a Tailored
Deterrence Strategy which was endorsed at the 45th United
States-Republic of Korea Security Consultative Meeting on
October 2nd, 2013 and completed in 2014.
(4) In 2015, the EDPC was merged with the Counter Missile
Capabilities Committee and renamed the Deterrence Strategy
Committee with the express purpose of strengthening extended
deterrence in response to advances in North Korea's nuclear and
missile programs.
(5) North Korea conducted 2 nuclear weapons tests in 2016.
In response to urgent requests from the Government of South
Korea to further strengthen extended deterrence, the United
States and South Korea formed the Extended Deterrence Strategy
Consultation Group (referred to in this section as the
``EDSCG'') with the Department of State and the Department of
Defense co-chairing the EDSCG in a ``2+2'' format.
(6) The purposes of the EDSCG are--
(A) to elevate consultations to more senior levels;
(B) to develop concrete deterrence measures in
response to the evolving threat from North Korea; and
(C) to strengthen assurance of the South Korean
public.
(7) The establishment of the Nuclear Consultative Group
(referred to in this section as the ``NCG'') between the United
States and the Republic of Korea during President Yoon Suk
Yeol's visit to the United States on April 26, 2023, reflected
a recognition--
(A) of the accelerating threat posed by the North
Korea's nuclear weapons and missile program; and
(B) that previous alliance attempts to strengthen
assurance of South Korea had proven unsuccessful.
(8) It is clear that the EDPC and the EDSCG were
unsuccessful in assuring South Korea or strengthening
deterrence because they failed to identify concrete changes to
our defense posture in the Korean theater of operations and
United States officials were unwilling to adjust long-standing
policies with regard to extended deterrence.
(9) For the NCG to be more effective than its predecessor
groups, the NCG must adopt a program of work embracing the
need--
(A) to adjust the United States defense posture in
the Korean theater of operations to include
consideration of deploying United States nuclear assets
and restoring United States nuclear infrastructure in
the region;
(B) to establish a crisis consultation mechanism to
be convened in response to North Korean nuclear threats
and consult on alliance deterrence related decision
making;
(C) to increase alliance nuclear planning
activities related to consequence management and the
conduct conventional operations in a weapons of mass
destruction environment; and
(D) to explore options to increase South Korean
contributions to operations related to nuclear burden
sharing.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States-Republic of Korea alliance is a
bilateral, integrated alliance that benefits both countries;
(2) South Korea shares the burden of maintaining stability
on the Korean Peninsula and the larger region by maintaining a
large standing army of more than 3,000,000 personnel, with
500,000 on active duty, and spends 2.7 percent of its gross
domestic product on defense-related expenditures; and
(3) the NCG can strengthen the alliance between the
Government of the United States and the Government of South
Korea by deepening the ability of such governments to plan,
consult, and conduct exercises on issues related to nuclear
deterrence.
(c) Report on the Implementation of the Nuclear Consultative
Group.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary and the Secretary of
Defense shall jointly submit a report to the appropriate
congressional committees and the congressional defense
committees that includes a description of--
(A) the organization of the NCG, including co-
chairs and interagency participants from the United
States;
(B) the scope of the operations, activities and
initiatives of the NCG and how such activities connect
to the Security Consultative Mechanism and the Military
Consultative Mechanism between South Korea and the
United States;
(C) the relationship of the NCG to existing
extended deterrence mechanisms of the South Korea and
the United States, including the DSC and the EDSCG;
(D) the frequency and circumstances under which the
NCG convenes; and
(E) how the NCG addresses strategic planning,
crisis consultation, and military exercises.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Briefing.--Not later than 180 days after date of the
enactment of this Act, and every 180 days thereafter until
December 31, 2026, the Secretary and the Secretary of Defense
shall brief the appropriate congressional committees, the
Committee on Armed Services of the Senate, and the Committee on
Armed Services of the House of Representatives regarding the
outcomes of NCG meetings.
Subtitle B--Indo-Pacific Allies and Partners
PART I--TAIWAN
SEC. 411. DEVELOPMENT OF ECONOMIC TOOLS TO DETER AGGRESSION BY PEOPLE'S
REPUBLIC OF CHINA AGAINST TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that the United
States must be prepared to take immediate action to impose sanctions
with respect to any military or non-military entities owned,
controlled, or acting at the direction of the Government of the PRC or
the Chinese Communist Party that are supporting actions by the
Government of the PRC or the Chinese Communist Party to--
(1) overthrow or dismantle the governing institutions in
Taiwan;
(2) occupy any territory controlled or administered by
Taiwan;
(3) violate the territorial integrity of Taiwan; or
(4) take significant action against Taiwan, including--
(A) conducting a naval blockade of Taiwan;
(B) seizing any outlying island of Taiwan; or
(C) perpetrating a significant cyber attack on
Taiwan.
(b) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(3) the Committee on Commerce, Science, and Transportation
of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Financial Services of the House of
Representatives; and
(6) the Committee on Energy and Commerce of the House of
Representatives.
(c) Task Force.--Not later than 180 days after the date of the
enactment of this Act, the Office of Sanctions Coordination of the
Department of State and the Office of Foreign Asset Control of the
Department of the Treasury, in coordination with the Office of the
Director of National Intelligence, shall establish an interagency task
force (referred to in this section as the ``Task Force'') to identify
military or non-military entities that could be subject to sanctions
imposed by the United States immediately following any action or
actions taken by the PRC that demonstrate an attempt to achieve or has
the significant effect of achieving the physical or political control
of Taiwan, including by taking any of the actions described in
paragraphs (1) through (4) of subsection (a).
(d) Strategy.--Not later than 180 days after the establishment of
the Task Force, the Task Force shall submit to the appropriate
congressional committees a strategy for identifying targets under this
section, which shall include--
(1) an assessment of how existing sanctions regimes could
be used to impose sanctions with respect to entities identified
pursuant to subsection (c);
(2) a strategy for developing or proposing, as appropriate,
new sanctions authorities that might be required to impose
sanctions with respect to such entities;
(3) an analysis of the potential economic consequences to
the United States, and to allies and partners of the United
States, of imposing various types of sanctions with respect to
those entities and assess measures that could be taken to
mitigate those consequences, including through the use of
licenses, exemptions, carve-outs, and other forms of relief;
(4) a strategy for working with allies and partners of the
United States--
(A) to leverage sanctions and other economic tools
to deter or respond to aggression against Taiwan;
(B) to identify and resolve potential impediments
to coordinating sanctions-related efforts with respect
to responding to or deterring aggression against
Taiwan; and
(C) to identify industries, sectors, or goods and
services with respect to which the United States and
allies and partners of the United States can take
coordinated action through sanctions or other economic
tools that will have a significant negative impact on
the economy of the PRC;
(5) an assessment of the resource gaps and needs at the
Department of State, the Department of the Treasury, and other
Federal agencies, as appropriate, to most effectively use
sanctions and other economic tools to respond to the threat
posed by the PRC;
(6) recommendations on how best to target sanctions and
other economic tools against individuals, entities, and
economic sectors in the PRC, taking into account the role of
those targets in supporting policies and activities of the
Government of the PRC or the Chinese Communist Party that pose
a threat to the national security or foreign policy interests
of the United States, the negative economic implications of
those sanctions and tools for that government, including its
ability to achieve its objectives with respect to Taiwan, and
the potential impact of those sanctions and tools on the
stability of the global financial system, including with
respect to--
(A) state-owned enterprises;
(B) officials of the Government of the PRC;
(C) financial institutions associated with the
Government of the PRC; and
(D) companies in the PRC that are not formally
designated by the Government of the PRC as state-owned
enterprises; and
(7) the identification of any foreign military or non-
military entities that would likely be used to achieve the
outcomes specified in subsection (a)(1), including entities in
the shipping, logistics, energy (including oil and gas),
aviation, ground transportation, and technology sectors.
(e) Report.--
(1) In general.--Not later than 60 days after the
submission of the strategy required under subsection (d), and
semiannually thereafter, the Task Force shall submit a report
to the appropriate congressional committees that includes
information regarding--
(A) any entities identified pursuant to subsection
(c) or (d)(7);
(B) any new authorities needed to impose sanctions
with respect to those entities;
(C) potential economic impacts on the PRC, the
United States, and allies and partners of the United
States of imposing sanctions with respect to those
entities, as well as mitigation measures that could be
employed to limit deleterious impacts on the United
States and allies and partners of the United States;
(D) the status of coordination with allies and
partners of the United States on sanctions and other
economic tools identified under this section;
(E) resource gaps and recommendations to enable the
Department of State and the Department of the Treasury
to use sanctions to more effectively respond to the
malign activities of the Government of the PRC; and
(F) any additional resources that may be necessary
to carry out the strategy.
(2) Form.--Each report required under paragraph (1) shall
be submitted in classified/form.
SEC. 412. TREATMENT OF THE GOVERNMENT OF TAIWAN.
(a) In General.--The Department of State and other United States
Government agencies shall--
(1) treat the democratically elected Government of Taiwan
as the legitimate representative of the people of Taiwan; and
(2) end the outdated practice of referring to the
Government in Taiwan as the ``authorities''.
(b) No Restrictions.--Notwithstanding the continued supporting role
of the American Institute in, Taiwan in carrying out United States
foreign policy and protecting United States interests in Taiwan, the
United States Government shall not place any restrictions on the
ability of officials of the Department of State and other United States
Government agencies from interacting directly and routinely with
counterparts in the Government of Taiwan, including restricting the
travel of senior officials of Taiwan in the United States, including
restricting the travel of senior officials of Taiwan in the United
States.
SEC. 413. WAR RESERVE STOCK PROGRAM FOR TAIWAN.
(a) In General.--Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may transfer to
Taiwan any or all of the items described in subsection (b).
(b) Items Described.--The items referred to in subsection (a) are
armor, artillery, automatic weapons ammunition, missiles, and other
munitions that are--
(1) obsolete or surplus items;
(2) in the inventory of the Department of Defense;
(3) intended for use as reserve stocks for Taiwan; and
(4) located in a stockpile in Taiwan.
(c) Congressional Notification.--Not later than 30 days before
making any transfer under this section, the President shall submit a
notification identifying the items to be transferred and the
concessions to be received to the appropriate congressional committees,
the Committee on Armed Services of the Senate, and the Committee on
Armed Services of the House of Representatives.
SEC. 414. PROPER TREATMENT OF TAIWAN GOVERNMENT REPRESENTATIVES.
(a) Defined Term.--In this section, the term ``official purposes''
means--
(1) the wearing of official uniforms;
(2) conducting government-hosted ceremonies or functions;
and
(3) appearances on Department of State social media
accounts promoting engagements with Taiwan.
(b) In General.--Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available for the
Department of State for fiscal year 2025 may be used to prepare,
propose, draft, review, or promulgate any regulation, guidance, or
executive order, or to otherwise implement, administer, or enforce any
policy that restricts the ability of members of the armed forces and
government representatives from the Republic of China (Taiwan) or the
Taipei Economic and Cultural Representative Office (TECRO) to display,
for official purposes--
(1) the flag of the Republic of China (Taiwan); or
(2) the corresponding emblems or insignia of military
units.
SEC. 415. AMERICAN INSTITUTE IN TAIWAN.
The position of Director of the American Institute in Taiwan's
Taipei office--
(1) shall be subject to the advice and consent of the
Senate; and
(2) shall have the title of ``Representative''.
PART II--SOUTH CHINA AND EAST CHINA SEA SANCTIONS
SEC. 421. SHORT TITLE.
This part may be cited as the ``South China Sea and East China Sea
Sanctions Act of 2024''.
SEC. 422. SANCTIONS WITH RESPECT TO CHINESE PERSONS RESPONSIBLE FOR
CHINA'S ACTIVITIES IN THE SOUTH CHINA SEA AND THE EAST
CHINA SEA.
(a) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given such terms
in section 5318A of title 31, United States Code.
(2) Alien.--The term ``alien'' has the meaning given such
term in section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).
(3) Chinese person.--The term ``Chinese person'' means--
(A) an individual who is a citizen or national of
the People's Republic of China; or
(B) an entity organized under the laws of the
People's Republic of China or otherwise subject to the
jurisdiction of the Government of the People's Republic
of China.
(4) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2)
of title 31, United States Code.
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given such term in
section 1010.605 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
(6) Good.--The term ``good'' means any article, natural or
manmade substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(7) Person.--The term ``person'' means any individual or
entity.
(8) 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;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
(b) Initial Imposition of Sanctions.--On or after the date that is
120 days after the date of the enactment of this Act, the President may
impose the sanctions described in subsection (c) with respect to any
Chinese person, including any senior official of the Government of the
People's Republic of China, that the President determines--
(1) is responsible for or significantly contributes to
large-scale reclamation, construction, militarization, or
ongoing supply of outposts in disputed areas of the South China
Sea;
(2) is responsible for or significantly contributes to, or
has engaged in, directly or indirectly, actions, including the
use of coercion, to inhibit another country from protecting its
sovereign rights to access offshore resources in the South
China Sea, including in such country's exclusive economic zone,
consistent with such country's rights and obligations under
international law;
(3) is responsible for or complicit in, or has engaged in,
directly or indirectly, actions that significantly threaten the
peace, security, or stability of disputed areas of the South
China Sea or areas of the East China Sea administered by Japan
or the Republic of Korea, including through the use of vessels
and aircraft by the People's Republic of China to occupy or
conduct extensive research or drilling activity in those areas;
(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to, or in support of, any person subject to sanctions
pursuant to paragraph (1), (2), or (3); or
(5) is owned or controlled by, or has acted for or on
behalf of, directly or indirectly, any person subject to
sanctions pursuant to paragraph (1), (2), or (3).
(c) Sanctions Described.--The sanctions that may be imposed with
respect to a person described in subsection (b) are the following:
(1) Blocking of property.--The President may, in accordance
with the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), block and prohibit all transactions in all
property and interests in property of the person if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an
alien, the alien may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subparagraph (A) may be subject to revocation
of any visa or other entry documentation
regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) may--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
alien's possession.
(3) Exclusion of corporate officers.--The President may
direct the Secretary 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.
(4) 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--
(A) the Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.); or
(B) 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.
(5) Inclusion on entity list.--The President may include
the entity on the entity list maintained by the Bureau of
Industry and Security of the Department of Commerce and set
forth in Supplement No. 4 to part 744 of the Export
Administration Regulations, for activities contrary to the
national security or foreign policy interests of the United
States.
(6) 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 equity or debt
instruments of the person.
(7) 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.
(8) Correspondent and payable-through accounts.--In the
case of a foreign financial institution, the President may
prohibit the opening, and prohibit or impose strict conditions
on the maintaining, in the United States of a correspondent
account or a payable-through account by the foreign financial
institution.
(d) Exceptions.--
(1) Inapplicability of national emergency requirement.--The
requirements under section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of subsection (c)(1).
(2) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(3) Compliance with united nations headquarters
agreement.--Paragraphs (2) and (3) of subsection (c) shall not
apply if admission of an alien to the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success, June 26, 1947, and entered into force,
November 21, 1947, between the United Nations and the United
States.
(4) Exception relating to importation of goods.--The
authority or a requirement to impose sanctions under this
section shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(e) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under subsection
(c)(1) to the same extent that such penalties apply to a person
that commits an unlawful act described in subsection (a) of
such section 206.
SEC. 423. SENSE OF CONGRESS REGARDING PORTRAYALS OF THE SOUTH CHINA SEA
OR THE EAST CHINA SEA AS PART OF CHINA.
It is the sense of Congress that the Government Publishing Office
should not publish any map, document, record, electronic resource, or
other paper of the United States (other than materials relating to
hearings held by committees of Congress or internal work product of a
Federal agency) portraying or otherwise indicating that it is the
position of the United States that the territory or airspace in the
South China Sea that is disputed among 2 or more parties or the
territory or airspace of areas administered by Japan or the Republic of
Korea, including in the East China Sea, is part of the territory or
airspace of the People's Republic of China.
SEC. 424. SENSE OF CONGRESS ON 2016 PERMANENT COURT OF ARBITRATION'S
TRIBUNAL RULING ON ARBITRATION CASE BETWEEN THE
PHILIPPINES AND THE PEOPLE'S REPUBLIC OF CHINA.
(a) Finding.--Congress finds that on July 12, 2016, a tribunal of
the Permanent Court of Arbitration found in the arbitration case
between the Philippines and the PRC under the United Nations Convention
on the Law of the Sea that the People's Republic of China's claims,
including those to offshore resources and ``historic rights'', were
unlawful, and that the tribunal's ruling is final and legally binding
on both parties.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the international community
should reject the unlawful claims of the PRC within the
exclusive economic zone or on the continental shelf of the
Philippines, as well as the maritime claims of the PRC beyond a
12-nautical-mile territorial sea from the islands it claims in
the South China Sea;
(2) the provocative behavior of the PRC, including coercing
other countries with claims in the South China Sea and
preventing those countries from accessing offshore resources,
undermines peace and stability in the South China Sea;
(3) the international community should--
(A) support and adhere to the ruling described in
subsection (a) in compliance with international law;
and
(B) take all necessary steps to support the rules-
based international order in the South China Sea; and
(4) all claimants in the South China Sea should--
(A) refrain from engaging in destabilizing
activities, including illegal occupation or efforts to
unlawfully assert control over disputed claims;
(B) ensure that disputes are managed without
intimidation, coercion, or force;
(C) clarify or adjust claims in accordance with
international law; and
(D) uphold the principle that territorial and
maritime claims, including over territorial waters or
territorial seas, must be derived from land features
and otherwise comport with international law.
SEC. 425. REPORT ON COUNTRIES THAT RECOGNIZE CHINESE SOVEREIGNTY OVER
THE SOUTH CHINA SEA OR THE EAST CHINA SEA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter until the date that is 3
years after such date of enactment, the Secretary shall submit to the
appropriate congressional committees a report identifying each country
that the Secretary determines has taken an official and stated position
to recognize, after such date of enactment, the sovereignty of the
People's Republic of China over territory or airspace disputed by one
or more countries in the South China Sea or the territory or airspace
of areas of the East China Sea administered by Japan or the Republic of
Korea.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex if the
Secretary determines it is necessary for the national security
interests of the United States to do so.
(c) Public Availability.--The Secretary shall publish the
unclassified part of the report required by subsection (a) on a
publicly available website of the Department of State.
PART III--PACIFIC ISLANDS
SEC. 431. ESTABLISHING A SENIOR OFFICIAL FOR THE COMPACTS OF FREE
ASSOCIATION AT THE DEPARTMENT OF STATE.
(a) In General.--The Secretary shall designate a senior official at
the Department of State, who shall--
(1) negotiate and oversee the Department of State's role in
implementing and maintaining the Compacts of Free Association
(referred to in this section as the ``Compacts'') at the
Department of State and the conduct of United States foreign
policy with respect to countries affiliated with the United
States under such Compacts; and
(2) report to the Assistant Secretary of State for Indo-
Pacific Affairs.
(b) Duties.--The senior official designated pursuant to subsection
(a) shall--
(1) be responsible for the conduct of United States foreign
policy with respect to--
(A) the Republic of Palau;
(B) the Marshall Islands; and
(C) the Federated States of Micronesia;
(2) assist the Assistant Secretary of State for Indo-
Pacific Affairs in providing overall direction, coordination,
and supervision of interdepartmental activities of the United
States Government in the countries listed under paragraph (1),
including ensuring the timely transfer of assistance and
provision of benefits through the Department of the Interior,
as laid out in the Compacts;
(3) oversee and evaluate the adequacy and effectiveness of
United States policy with respect to these countries as well as
the plans, programs, resources, and performance for
implementing that policy, including activities implemented by
the Department of the Interior;
(4) directly supervise the policy and operations of the
Compacts and provide guidance to relevant United States
missions within the Indo-Pacific region;
(5) direct and oversee the provision of an adequate,
regular flow of information to posts abroad about United States
Government policies, policy deliberations, and diplomatic
exchanges with regards to the Compacts and the freely
associated states, especially on matters that may result in
initiatives, policy actions, or other official representations
of Department policy abroad; and
(6) ensure the continuity of responsibilities and benefits
as laid out in the Compacts, consistent with United States
national interests in the Indo-Pacific region.
SEC. 432. ENHANCEMENT OF DIPLOMATIC SUPPORT AND ECONOMIC ENGAGEMENT
WITH PACIFIC ISLAND COUNTRIES.
(a) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Commerce, Science, and Transportation
of the Senate;
(3) the Committee on Energy and Natural Resources of the
Senate;
(4) the Committee on Appropriations of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on Energy and Commerce of the House of
Representatives;
(7) the Committee on Natural Resources of the House of
Representatives; and
(8) the Committee on Appropriations of the House of
Representatives.
(b) Hiring Authority.--The Secretary and the Secretary of Commerce
may hire local staff in Pacific island countries for the purpose of
providing increased diplomatic support and promoting increased economic
and commercial engagement between the United States and Pacific island
countries.
(c) Availability of Funds.--
(1) In general.--Of the amounts appropriated or otherwise
made available to the Department of State for fiscal year 2025,
not more than $10,000,000 may used to carry out the Department
of State's responsibilities under this section.
(2) In general.--Of the amounts appropriated or otherwise
made available to the Department of Commerce for fiscal year
2025, not more than $10,000,000 may be used to carry out the
Department of Commerce's responsibilities under this section.
(3) Termination.--The availability of funds under
paragraphs (1) and (2) shall expire on October 1, 2028.
(d) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for the following 5 years, the
Secretary and the Secretary of Commerce shall submit a report to the
appropriate committees of Congress that describes the activities of the
Department of State and the Department of Commerce locally-employed
staff in Pacific island countries, including--
(1) a detailed description of the additional diplomatic,
economic, and commercial engagement and activities in the
Pacific island countries provided by locally-employed staff;
and
(2) an assessment of the impact of the activities with
respect to the diplomatic, economic, and security interests of
the United States.
(e) Exception for American Samoa.--The Secretary may treat the
territory of American Samoa as a foreign country, as appropriate, while
carrying out this section.
PART IV--INDIAN OCEAN REGION STRATEGIC REVIEW
SEC. 441. SHORT TITLE.
This part may be cited as the ``Indian Ocean Region Strategic
Review Act of 2024''.
SEC. 442. FINDINGS.
Congress finds the following:
(1) The United States--
(A) has vitally important political, economic, and
security interests in the Indian Ocean region; and
(B) is uniquely positioned to capitalize on
opportunities that will advance such interests.
(2) The United States needs to engage and cooperate with
partners in the Indo-Pacific region, including India, Japan,
Australia, and island countries located within such region--
(A) to bolster regional governance;
(B) to increase sustainable economic development;
and
(C) to strengthen cooperation on security
challenges such as threats to freedom of navigation and
environmental disasters.
(3) It is within the United States interests to better
understand the political, security, economic, and environmental
issues faced by the governments of Indian Ocean region
countries.
SEC. 443. STATEMENT OF POLICY.
It is the policy of the United States, with respect to the Indian
Ocean region, as part of the United States broader strategy for
engagement in the Indo-Pacific to strengthen engagement with Indian
Ocean region countries (including the governments, civil society,
academia, and private sectors of such countries) and to enhance
meaningful diplomatic, security, and economic relations with allies and
partners of the United States in the Indian Ocean region by--
(1) promoting cohesive political ties between the United
States and Indian Ocean region countries through active
participation in regional organizations and strengthening
bilateral diplomatic relations with such allies and partners;
(2) continuing to strengthen bilateral security
relationships between the United States and partners within the
Indian Ocean region and build the bilateral security
relationship between the United States and India, for the
purpose of regularizing security cooperation by building upon
foundational agreements concerning intelligence sharing,
military communication, and naval cooperation;
(3) engaging with India to better understand and
operationalize economic and political opportunities across the
Indian Ocean region;
(4) enhancing economic connectivity and commercial exchange
between the United States and Indian Ocean region countries;
(5) maintaining the freedom of navigation of international
waters within the Indian Ocean region in accordance with
international law;
(6) cooperating with the Governments of Indian Ocean region
countries regarding security challenges, including issues
relating to piracy and illegal fishing;
(7) supporting the ability of such governments, and of
nongovernmental organizations within the Indian Ocean region,
to respond to environmental disasters and work to mitigate
potential future disasters with resilient infrastructure;
(8) facilitating cooperation between the United States and
allies and partners of the United States in the Indian Ocean
region to build capacity in maritime security and maritime
domain awareness;
(9) promoting cooperation with United States allies in the
Indo-Pacific region (including Japan and Australia), major
defense partners (including India), and NATO allies (including
the United Kingdom and France), to support a rules-based order
in the Indo-Pacific region; and
(10) understanding resources and costs required for the
United States to effectively engage diplomatically and
economically in the Indian Ocean region.
SEC. 444. DEFINITIONS.
In this part:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Armed Services of the House of
Representatives.
(2) Indian ocean region.--The term ``Indian Ocean region''
means--
(A) the Indian Ocean, including the Arabian Sea and
the Bay of Bengal; and
(B) the littoral areas surrounding the Indian
Ocean, including the east coast of Africa.
(3) Indian ocean region country.--The term ``Indian Ocean
region country'' means any country located within or
surrounding the Indian Ocean region.
SEC. 445. STRATEGY AND IMPLEMENTATION PLAN RELATING TO THE INDIAN OCEAN
REGION.
(a) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Secretary of Defense and the Administrator of the United States Agency
for International Development, shall submit to the appropriate
congressional committees a multi-year strategy and implementation plan
for United States engagements and posture to support the interests of
the United States in the Indian Ocean region.
(b) Matters.--The strategy submitted pursuant to subsection (a)
shall include--
(1) the identification of the political, economic, and
security goals and opportunities of the United States in the
Indian Ocean region;
(2) an explanation of the political, economic, and security
goals of Indian Ocean region countries and a detailed
description of areas with respect to which such interests align
with the goals of the United States;
(3) a list detailing the economic and political efforts of
the PRC with respect to the Indian Ocean region, particularly
with respect to the engagement by the PRC with each country
located within the Indian Ocean region;
(4) a description and analysis of challenges, including
countries and specific projects, to the engagement with Indian
Ocean region countries as a result of--
(A) disparate policy goals across the departments
and agencies of the United States Government; and
(B) disparate definitions of the term ``Indian
Ocean region'' across the Department of State, the
Department of Defense, and the United States Agency for
International Development;
(5) a list detailing efforts to improve cooperation between
the United States and Australia, India, and Japan (referred to
in this section as the ``Quadrilateral Dialogue'' or the
``Quad'') through coordination between members of the Quad with
respect to diplomacy and development priorities, joint military
exercises and operations, and other activities that promote and
balance the political, economic, and security interests of the
United States with respect to Indian Ocean region countries;
(6) an overview of efforts to support the economic
connectivity and development of island countries located within
the Indian Ocean region, including through--
(A) the United States-India-Japan Trilateral
Infrastructure Working Group;
(B) the Asia-Africa Growth Corridor; and
(C) other efforts to expand and enhance
connectivity across the Indo-Pacific region (including
with the countries of Southeast Asia) that maintain
high standards of investment and support for civil
society and people-to-people connectivity;
(7) a description of how the United States may engage with
regional intergovernmental organizations and multilateral
organizations, including the Indian Ocean Rim Association and
the United Nations, to promote the political, economic, and
security goals of the United States in the Indian Ocean region;
(8) a description of how the United States may facilitate
cooperation between Indian Ocean region countries (including
the governments, civil society, academia, and private sectors
of such countries) and Taiwan through Taiwan's New Southbound
Policy;
(9) a review of the diplomatic posture of the United States
in the Indian Ocean region, including--
(A) an assessment of United States diplomatic
engagement with Indian Ocean region countries without a
permanent United States embassy or diplomatic mission;
(B) an assessment of means by which to improve
cooperation by the United States with the Maldives, the
Seychelles, and Comoros;
(C) an assessment of the sufficiency of United
States diplomatic personnel and facilities available in
the Indian Ocean region to achieve the policy described
in section 444;
(D) a description of any resources required to fill
identified gaps with respect to such diplomatic
posture; and
(E) a description of the bilateral and multilateral
diplomatic goals of the Department of State that the
Secretary of State deems necessary to achieve the
policy described in section 444;
(10) a review of the agreements entered into between the
United States and Indian Ocean region countries for the purpose
of facilitating the military operations of the United States
pursuant to bilateral and multilateral agreements;
(11) a description of any efforts to expand the naval and
coast guard cooperation between the United States and India and
other Indian Ocean region countries through the negotiation of
additional agreements;
(12) a strategy for strengthening security cooperation
between the United States and partners within the Indian Ocean
region, including through the provision of security assistance,
which should include--
(A) a summary of the security priorities,
objectives, and actions of the prospective recipient
country;
(B) a description of the means by which the United
States may support such security priorities,
objectives, and actions while promoting the political,
economic, and security goals of the United States in
the Indian Ocean region; and
(C) an assessment of the capabilities, training,
and funding needed for Indian Ocean region countries to
push back against shared challenges in the region; and
(13) a plan to expand the diplomatic and development
presence of the United States with respect to the governments
of island countries located within the Indian Ocean region,
including a description of any resources or policy tools
required to expand the ability of the United States to support
high-quality infrastructure resiliency projects in such
countries.
(c) Inclusion.--The strategy submitted pursuant to subsection (a)
may be submitted to the appropriate congressional committees as a part
of any other strategy relating to the Indo-Pacific region.
(d) Reports on Implementation.--Not later than 1 year after the
date on which the Secretary submits the strategy required under
subsection (a), and 1 year later, the Secretary shall submit a report
to the appropriate congressional committees that describes the progress
made toward implementing such strategy.
SEC. 446. MODIFICATION TO UNITED STATES-CHINA ECONOMIC AND SECURITY
REVIEW COMMISSION.
(a) Modification.--Section 1238(c)(2)(E) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C.
7002(c)(2)(E)) is amended--
(1) by inserting ``(including in the Indian Ocean region)''
after ``deployments of the People's Republic of China
military''; and
(2) by adding at the end the following: ``In this
subparagraph, the term `Indian Ocean region' means the Indian
Ocean (including the Arabian Sea and the Bay of Bengal) and the
littoral areas surrounding the Indian Ocean (including the East
Coast of Africa).''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to each report submitted pursuant to section 1238(c)
of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (22 U.S.C. 7002(c)) on or after the date of the enactment of
this Act.
Subtitle C--Countering Espionage and Surveillance Entities in Cuba
SEC. 451. SHORT TITLES.
This subtitle may be cited as the ``Countering Espionage and
Surveillance Entities in Cuba Act'' or the ``CEASE Act''.
SEC. 452. IMPOSITION OF SANCTIONS WITH RESPECT TO MILITARY AND
INTELLIGENCE FACILITIES OF THE PEOPLE'S REPUBLIC OF CHINA
IN CUBA.
(a) Definitions.--In this section:
(1) Alien.--The term ``alien'' has the meaning given such
term in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Permanent Select Committee on Intelligence
of the House of Representatives.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Good.--The term ``good'' means any article, natural or
manmade substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(5) Person.--The term ``person'' means an individual or
entity.
(6) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
(b) In General.--The President shall impose the sanctions described
in subsection (c) with respect to any foreign person that the President
determines engages in or has engaged in a significant transaction or
transactions, or any significant dealings with, or has provided
significant material support to or for a military or intelligence
facility of the PRC in Cuba.
(c) Sanctions Described.--The sanctions described in this
subsection with respect to a foreign person are the following:
(1) Asset blocking.--The exercise of all powers granted to
the President by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) to the extent necessary to block
and prohibit all transactions in all property and interests in
property of the foreign person if such property and interests
in property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(2) Exclusion from the united states and revocation of visa
or other documentation.--In the case of a foreign person who is
an alien, denial of a visa to, and exclusion from the United
States of, the alien, and revocation in accordance with section
221(i) of the Immigration and Nationality Act (8 U.S.C.
1201(i)), of any visa or other documentation of the alien.
(d) Implementation; Penalties.--
(1) Implementation.--The President shall exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (c)(1) or any regulation, license, or order issued
to carry out that subsection shall be subject to the penalties
set forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of such section.
(e) Exceptions.--
(1) Importation of goods.--The authorities and requirements
to impose sanctions under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(2) Compliance with united nations headquarters
agreement.--Sanctions described in subsection (c)(2) shall not
apply to an alien if admitting the alien into the United States
is necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(f) National Security Waiver.--The President may waive the
imposition of sanctions under this section with respect to a foreign
person, on a case-by-case basis for renewable periods of 180 days, if
the President submits to the appropriate congressional committees a
determination that such waiver is in the vital national security
interests of the United States.
(g) Termination of Sanctions.--Notwithstanding any other provision
of law, this section shall terminate on the date that is 30 days after
the date on which the President determines and certifies to the
appropriate congressional committees (and Congress has not enacted
legislation disapproving the determination within that 30-day period)
that all military or intelligence facilities of the PRC in Cuba have
been closed.
SEC. 453. CODIFICATION OF CUBA RESTRICTED LIST.
The President may not remove any entity or subentity from the List
of Restricted Entities and Subentities Associated with Cuba of the
Department of State (commonly known as the ``Cuba Restricted List'') if
that entity or subentity was on such list as of July 1, 2024.
Subtitle D--Countering China Globally
SEC. 461. SENSE OF CONGRESS REGARDING CHINA'S SUPPORT FOR RUSSIA IN
UKRAINE.
It is the sense of Congress that--
(1) the PRC and the Russian Federation are strengthening
their relationship to advance their mutual fundamental
interests in countering and weakening the United States and the
transatlantic alliance as well as creating divisions between
the United States and its allies and partners;
(2) the PRC is supporting Russia's unprovoked, full-scale,
and brutal invasion of Ukraine, including through--
(A) increasing trade with Russia by 30 percent in
2022, and by another 26.3 percent in 2023;
(B) purchasing massive amounts of Russian crude
oil, coal, and natural gas under embargo by the
transatlantic alliance;
(C) selling high-precision machinery, electronics,
microelectronics, components of weapons and weapons
systems, base metals, textiles and apparel, vehicles,
ships, and aircraft to Russia;
(D) abetting sanctions evasion in countries
bordering Russia; and
(E) amplifying Russian propaganda and false
information;
(3) the PRC has explored providing weapons and ammunition
to the Russian Federation in order to support that country's
unlawful, imperialist war of aggression against Ukraine;
(4) the Government of the PRC is not taking sufficient
action to prevent PRC-based companies from exporting lethal
equipment to the Russian Federation, as revealed by the
credible evidence that PRC companies and entities have--
(A) shipped unmanned aerial vehicles to Russia that
were designated on customs forms as being ``for use in
the special military operation'';
(B) supplied Iran with drone parts that were later
used by Russian forces in Ukraine;
(C) sent ``Tiger'' armored personnel carriers to
Chechen forces, raising the possibility that these
vehicles being could be deployed to Ukraine;
(D) shipped tens of thousands of kilograms of
smokeless gunpowder to a munitions factory in Russia;
(E) provided Russia with optical parts used in
tanks and armored vehicles;
(F) permitted Russian purchases of nitrocellulose;
and
(G) allowed the shipment of engines for both
missiles and drones to Russia;
(5) because of this ongoing support for Russia's war
against Ukraine, the United States has sanctioned dozens of PRC
and Hong Kong-based entities;
(6) the PRC's support for Russia's war against Ukraine
threatens European stability and security, including that of
those countries that the United States is committed to defend
under the terms of the North Atlantic Treaty;
(7) the United States, the European Union, and European
countries must continue and increase implementation of
sanctions and other appropriate punitive economic tools against
PRC firms supporting the Russian Federation's war against
Ukraine, including those supporting Russian paramilitary
organizations;
(8) the North Atlantic Treaty Organization's (referred to
in this section as ``NATO'') 2022 Strategic Concept correctly
recognizes the need to prepare for and respond to the threats
posed by the PRC to Euro-Atlantic security, including threats
derived from its relationship with the Russian Federation and
its efforts to divide United States and European allies;
(9) NATO members must work to implement and build on steps
identified in NATO's Strategic Concept, including--
(A) building greater NATO expertise on the PRC and
its military and intelligence apparatuses;
(B) using NATO summits as an opportunity to check
progress and update priorities;
(C) making any needed adjustments to NATO's
operational plans to account for the ownership or
involvement of PRC state-owned enterprises and other
entities in space, key seaports, communications nodes,
and airports; and
(D) instituting standards for NATO member nations'
sales to the PRC or purchases of PRC-owned, security-
related infrastructure, companies, and capabilities;
(10) the PRC has been clear about its desire to be included
in diplomatic discussions about ending Russia's war in Ukraine,
including through the February 2023 publication of a 12-point
position paper on the ``political settlement of the Ukraine
crisis'' and the appointment of a Special Envoy for Eurasian
Affairs;
(11) the PRC has done nothing to deliver tangible outcomes
on the elements of its position paper beyond symbolic actions,
including a statement warning against nuclear saber rattling
and a single phone call with Ukraine's president;
(12) although the PRC's position paper calls for the full
implementation of the July 2022 United Nations-brokered Black
Sea Grain Initiative as a means to maintain global food
security, and despite Xi Jinping's emphasis on food security
for his own country, Beijing did nothing to pressure the
Russian Federation to return to the deal, which it abrogated in
July 2023;
(13) in February 2023, President Joseph R. Biden rightly
dismissed the PRC's ``peace plan'' (referring to the 12-point
position paper), stating that it would not help ``anyone other
than Russia'';
(14) the Biden Administration's statements to PRC officials
and public pronouncements since May 2023 that the United States
is open to a ``constructive role'' for the PRC in Ukraine, even
describing it as potentially ``beneficial,'' are deeply
misguided and concerning;
(15) given the PRC's full support for Russia, Xi Jinping
and the Government of the PRC should not be viewed as impartial
brokers that will bring this war to an end on terms that will
be positive for Ukraine, its independence, and the security of
Europe;
(16) although Russia and the PRC have disagreements, both
countries--
(A) have independently concluded that their
partnership is critical to their shared objective of
countering the United States power; and
(B) will not be swayed from this belief by
strategies to drive a wedge between the 2 countries;
(17) openness to PRC diplomatic involvement in Ukraine
would set a precedent for allowing further PRC involvement in
European security issues, while also allowing Xi Jinping to
present himself as a responsible party to the international
community;
(18) the PRC's role in a diplomatic peace settlement in
Ukraine would clear the way for that country's substantial
involvement in Ukraine's reconstruction, allowing the PRC to
benefit economically after it supported the aggressor and
undermining broader United States efforts to counter PRC malign
influence in Europe;
(19) as earlier PRC investments in Ukraine targeted
strategic sectors, any post-war PRC investments in Ukraine
would give the PRC access to valuable military technology and
know-how, as Ukraine inherited roughly one third of the Soviet
Union's defense-industrial base and 15 percent of Soviet
military research and development facilities, and during its
war against Russia, has made great strides in the development
of certain defense items;
(20) given China's documented track record on corruption, a
role for the PRC in Ukraine's reconstruction would undercut
extensive ongoing United States and European efforts to align
Ukrainian governance and anti-corruption standards with those
of Western institutions, as well as the European Union's
progress in helping Ukraine adhere to the standards required
for its prospective entry into the European Union;
(21) it is of vital importance that the United States and
Europe remain united in confronting the security and economic
risks posed by a significant PRC role in diplomatic efforts to
end Russia's war in Ukraine, executing policies that account
for greater Sino-Russian alignment, and working together
closely on planning ahead for reconstruction to ensure that the
PRC does not become Ukraine's only option;
(22) the United States, in collaboration with its partners,
should support European countries targeted by Chinese economic
coercion and other attempts to exert undue influence , either
with respect to Ukraine or other issues; and
(23) United States allies and partners in the Indo-Pacific,
including Australia, Japan, Taiwan, and South Korea--
(A) view the success of Ukraine's struggle against
Russian aggression as a key factor for deterring
Chinese aggression in the Indo-Pacific; and
(B) have demonstrated this conviction by providing
humanitarian and military assistance to Ukraine and
building ties with allies in Europe through defense
industry relationships.
SEC. 462. ENHANCING UNITED STATES-AFRICA TRADE AND INVESTMENT FOR
PROSPERITY.
(a) Statement of Policy.--It is the policy of the United States to
increase United States investment in Africa, and to promote and
facilitate trade between the United States and Africa, focused on key
countries and sectors, that supports mutual economic growth and
development outcomes, long-term development of markets, and the
strategic interests of the United States.
(b) In General.--
(1) Establishment.--The President shall establish an office
within a bureau of the United States Agency for International
Development (referred to in this section as ``USAID'') to
coordinate the activities of the United States Government
related to increasing trade and investment between the United
States and Africa, which--
(A) should include representation from relevant
agencies designated by the President;
(B) identifies priority countries and sectors for
United States foreign investment in countries in Africa
and sectors and countries that support United States
economic growth and promotes trade based on the
analysis required in subsection (c);
(C) coordinates activities and implementing
mechanisms, including at United States embassies in
Africa, to carry out the policy set forth in subsection
(a), including by--
(i) providing program support and guidance
to implement the policy described in subsection
(a);
(ii) providing information and analysis to
United States companies and investors in
countries and sectors identified pursuant to
subparagraph (B);
(iii) serving, as needed, as an information
clearinghouse for the United States Government
for businesses, investors, and civic
organizations, and others in the United States
seeking information related to investing in
Africa; and
(iv) connecting such entities with teams at
United States embassies overseas; and
(D) identifies barriers to trade and investment in
priority countries and sectors and identifies concrete
actions that will be taken to address them, including
strengthening programs and activities aimed at
improving the enabling environment in those countries.
(2) Organization.--
(A) In general.--The office established pursuant to
paragraph (1) shall be led by an Executive Director who
shall be designated by the USAID Administrator, and who
shall--
(i) lead the interagency efforts described
in subsection (a);
(ii) identify, not later than 90 days of
the release of the analysis required in
subsection (c), a list of priority countries
for the purposes of carrying out this Act;
(iii) plan, coordinate, and oversee the
policies, activities, and programs of United
States Government Agencies, in the United
States and in overseas missions, involved in
promoting or facilitating trade, and investment
activities between the United States and
Africa, and development and coordination of
relevant activities meant to improve the
enabling environment;
(iv) identify and provide information about
investment opportunities, market information,
and United States Government programs to
support trade and investment activities in
priority countries and sectors identified in
paragraph (1)(A); and
(v) convene, not less frequently than
quarterly, a committee consisting of the
directors from each agency designated under
subparagraph (B) to provide strategic guidance
and coordination for the policy, programs, and
activities of Prosper Africa.
(B) Designation of participating departments.--The
President shall designate Federal departments and
agencies to participate in support of the policy set
forth in subsection (a) and direct the head of each of
designated agency--
(i) to designate an employee to serve as a
focal point for each agencies' respective
activities related to subsection (a), who shall
coordinate the relevant activities of their
respective agency and liaise with the Executive
Director designated pursuant to subparagraph
(A); and
(ii) to designate an employee to serve at
United States embassies in priority countries
identified in paragraph (1)(A).
(3) Staffing.--In order to carry out subsection (a)--
(A) the Executive Director shall have the
authority, as appropriate, to hire employees and
contractors in a manner that is consistent with
existing hiring authorities of USAID to support the
execution of efforts in paragraph (2), and shall be
supported, as appropriate, by staff detailed from any
Federal agency designated pursuant to paragraph (2)(B);
and
(B) the Chief of Mission in priority countries--
(i) shall take an active and direct
leadership role in promoting, supporting, and
facilitating activities pursuant to subsection
(a);
(ii) shall designate a Foreign Service
Officer, a Foreign Commercial Service Officer,
or other direct hire person under Chief of
Mission Authority to lead an interagency team
to support activities pursuant to subsection
(a) who shall--
(I) conduct assessments of market
conditions and business operating
environments;
(II) identify investment
opportunities;
(III) foster relationships and
communications between United States
investors and businesses and African
businesses and individuals within their
country of responsibility; and
(IV) carry out other duties as
necessary; and
(iii) is authorized to hire locally
employed staff with relevant experience to
support the activities of the team established
pursuant to clause (ii).
(c) Market and Sector Analysis.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 4 years thereafter until
2031, the Executive Director of Prosper Africa shall commission
and publish a study of the investment environment in Africa
that incorporates--
(A) an analysis of which markets are the most
promising for private investment;
(B) an analysis of African markets that identifies
which industries and sectors United States firms have
an advantage in comparison to other sources of foreign
direct investment; and
(C) an analysis of perceived and actual barriers to
United States private investment, including--
(i) significant legal and regulatory
constraints to foreign investment and business
operating environments;
(ii) reputational risks;
(iii) investor information gaps; and
(iv) access to and affordability of
capital, labor markets, currency volatility,
and infrastructure.
(2) Agreement.--To produce the study required under
paragraph (1), the Executive Director may enter into an
agreement with a qualified United States private sector
consultant or subject matter expert who shall conduct the
study.
(3) Distribution.--The Administrator of the United States
Agency for International Development shall submit each study
required under paragraph (1) to the appropriate congressional
committees and shall make each such study publicly available.
(4) Priority countries.--The Executive Director shall
identify the priority countries of the Prosper Africa program,
pursuant to subsection (b)(2)(A)(2), based on the findings of
the study required under paragraph (1).
(d) Small and Medium Enterprises.--To the extent practicable,
Prosper Africa shall promote and facilitate investments in small and
medium enterprises, including by establishing and supporting
relationships between United States Government institutions,
philanthropic institutions, and private lenders to mobilize blended
finance for small and medium enterprises in Africa.
(e) Support for Diaspora Investment.--
(1) In general.--Prosper Africa shall seek to support and
facilitate investments in Africa by United States citizens and
residents who identify as members of the African Diaspora.
(2) President's advisory council on african diaspora
engagement in the united states.--The Prosper Africa
Coordinator shall consult with the President's Advisory Council
on African Diaspora Engagement in the United States (referred
to in this subsection as ``the Council''), established by
Executive Order 14089, on issues relating to increasing,
developing, and sustaining investments in Africa by United
States members of the African diaspora.
(A) Membership.--The Executive Director shall
recommend to the President for appointment to the
Council not fewer than 3 individuals who have
significant relevant experience in the fields of trade,
private investment, economics, or international
development, or other relevant fields.
(B) Annual report.--The Council shall publish an
annual report on investment in Africa by United States
members of the African diaspora and barriers to
increased investment by the diaspora.
(3) Diaspora business forums.--The Prosper Africa
Coordinator shall organize public meetings throughout the
United States with members of the African Diaspora community
that--
(A) provide a forum for communication, education,
and information about investment opportunities; and
(B) may be coordinated with local civic, community,
and business organizations, as appropriate.
(f) Business Enabling Environment.--The Prosper Africa Coordinator,
in coordination with the respective Chiefs of Mission at designated
United States Embassies, shall seek to strengthen the business enabling
environment in Africa by--
(1) identifying barriers to United States investment on a
country-by-country basis;
(2) identifying existing development and technical
assistance programs that can serve to eliminate the barriers in
paragraph (1);
(3) ensuring country development cooperation strategies and
regional development cooperation strategies incorporate program
and activities, focused on addressing specific barriers to
private sector investment as identified in paragraph (1); and
(4) providing policy advice and technical assistance to
select African countries to develop and improve regulatory and
legal structures, taxation and customs regimes, policy
frameworks, and other relevant structures and practices to
improve the operating environments for businesses and eliminate
other barriers to competition.
(g) Evaluation.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the appropriate congressional committees a report containing
recommendations for improving effectiveness of United States Government
actions to carry out subsection (a), including by evaluating the
effectiveness of the organizational structure and staffing of this
section the effectiveness of the steps undertaken to carry out
subsection (d) and the applicability of metrics used to produce this
report.
SEC. 463. REPORT ON HORN OF AFRICA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the interest of the United States to engage in
diplomatic efforts in the Red Sea region that counter PRC
influence through increased United States engagement that--
(A) promotes the strengthening of free, open,
transparent, democratic partners;
(B) encourages international dialogue on shared
transnational security issues;
(C) assesses the root causes of forced migration
and cooperatively responds to vulnerable refugees;
(D) maintains secure and free navigation of
international waters to encourage international
economic integration and mitigate threats;
(E) prevents and counters violent extremism, as
well as the illicit activities that enable terrorist
activities; and
(F) monitors and combats illegal, unreported, and
unregulated fishing;
(2) increased United States engagement in the Horn of
Africa and Red Sea region has presented an opportunity to build
and strengthen security cooperation with key partners in that
region;
(3) the Red Sea region includes a strategic maritime choke
point, the Bab-al-Mandeb Strait, which--
(A) connects the Red Sea to the Gulf of Aden; and
(B) is essential to support United States national
security interests, including countering the flows of
Iranian lethal aid to Yemen and facilitating the free
flow of commerce;
(4) increased United States engagement with Somaliland,
which occupies a strategic geographic location in the Horn of
Africa and is adjacent to strategic maritime routs in the Red
Sea and Gulf of Aden could--
(A) contribute to the achievement of United States
national security interests given the evolving security
situating in the region; and
(B could provide flexibility with regards to the
delivery of humanitarian assistance in the Horn of
Africa region and beyond; and
(5) security cooperation in the Red Sea and Gulf of Aden
region is critical--
(A) to maintaining a de facto ceasefire in Yemen;
and
(B) to further a political resolution to the Yemeni
conflict.
(b) Statement of Policy.--It is the policy of the United States--
(1) to establish and maintain an approach towards the Red
Sea region that promotes United States economic, political, and
security interests in the region;
(2) to facilitate and support sustained regional dialogue
between the United States and countries in the Red Sea region
and other non-littoral states that have interests in the Red
Sea region by creating lasting mechanisms for cooperative,
multinational efforts to advance democracy, human rights, good
governance, combat illegal, unregulated, and unreported
fishing; counter-terrorism, counter-smuggling, conflict
prevention, resolution, and adaptation in and surrounding the
Red Sea region;
(3) to preserve and enhance a free, stable, prosperous Red
Sea region by supporting and defending principles that
contribute to such conditions, including by supporting--
(A) the sovereignty and self-determination of
countries in the Red Sea region;
(B) sustainable economic development;
(C) increased democratization and respect for
internationally recognized human rights;
(D) transparent and accountable governance;
(E) prudent management of natural resources and
enhanced food security;
(F) protection of migrants and refugees; and
(G) women and girls with attention to gender-based
violence in the region;
(4) to secure the safe transit of vessels through the Red
Sea waterways and mitigate threats to maritime security posed
by malign actors, including the Houthis in Yemen, by--
(A) helping build the capacity of partner countries
and sharing information with regional partners, where
appropriate;
(B) securing coastal infrastructure critical to the
interests of the United States, including United States
military bases, ports, undersea communication cables,
oil pipelines, and depots;
(C) supporting, where appropriate, law enforcement
and defense capabilities of Red Sea region partners;
(D) enabling partner nations' defensive
capabilities and encouraging counter-smuggling
operations; and
(E) reducing human, narcotics, and arms
trafficking, piracy, and illegal, unregulated, and
unreported fishing;
(5) to bolster preventative diplomacy to prevent conflicts
and to support the peaceful resolution of conflict within and
among countries;
(6) to analyze and address natural and man-made
environmental threats in cooperation with our partners in the
region, including risk of oil spills, locusts, threats to
regional water supplies, and developmental activities;
(7) to encourage principled, transparent foreign investment
and trade, with a particular emphasis on the Horn of Africa,
including by United States and Western corporations;
(8) to ensure foreign investments and presence, including
economic, military, or otherwise, do not result in the
destabilization of any countries;
(9) to help countries address opaque investments and undue
influence by malign actors and promote and assist with the
development of strategies to ensure transparency and fair
treatment by foreign actors;
(10) to help countries respond to violent extremist groups
that threaten stability and disrupt their funding and weapons
supplies;
(11) to increase United States diplomatic presence and
influence;
(12) to counter PRC military, diplomatic, economic and
cultural influence in the Red Sea region through increased
United States engagement, including democracy and governance
assistance, economic assistance, infrastructure investment and
security assistance and cooperation; and
(13) to mitigate threats posed by the Houthis in Yemen to
regional stability and to vessels transiting the Red Sea or
Gulf of Aden by enabling partner nations' defensive
capabilities and encouraging counter-smuggling operations.
(c) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of Defense, the Administrator of the United States Agency for
International Development, and the heads of other relevant Federal
Government agencies, shall submit to the appropriate congressional
committees a 5-year integrated strategy for the Red Sea region that
includes--
(1) a clear articulation of the security, political, and
economic interests of the United States, with special emphasis
on the promotion of the policy objectives in subsection (b);
(2) plans for ensuring the Red Sea Security Forum required
under subsection (f) will further shared interests between the
United States and partners and allies in democracy, human
rights, inclusive governance, economic development, anti-
corruption, counter-terrorism, conflict prevention and
resolution, and other relevant areas;
(3) plans for fostering regional cooperation on issues,
such as migration, including forced migration and its root
causes, and supporting refugee assistance;
(4) plans for increasing United States economic engagement
in the region through diplomatic and, where applicable,
programmatic support for--
(A) a rules-based investment climate;
(B) United States private sector investment;
(C) regional economic integration, if and as
appropriate; and
(D) an assessment that clearly identifies the
implications of investment schemes of malign actors and
strategic competitors in the Red Sea region;
(5) plans for ensuring engagement, as appropriate, of
initiatives such as Prosper Africa, Power Africa, the Middle
East Partnership Initiative, and expertise of independent
United States Government agencies, such as the Development
Finance Corporation, the United States African Development
Foundation, and other relevant United States Government
programs to carry out activities that advance United States
security, environment, energy, and economic interests in the
Red Sea region;
(6) plans for supporting specific programs and activities
required to help bolster military and civilian capacity to
prevent and counter violent extremism, to reduce human,
narcotics, and arms trafficking, and to maintain the secure and
free flow of United States and partner military and commercial
vessels informed by a county by country assessment of the gaps
left by current programming, and in accordance with
international humanitarian law;
(7) plans for protecting coastal infrastructure critical to
United States interests and, where appropriate, enhance partner
government capacity to that end, including United States
military bases, ports, undersea communication cables, and oil
pipelines and depots; and
(8) plans for countering Russian and PRC military,
diplomatic, economic and cultural influence in the Red Sea
region.
(d) Consultation.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall consult with the appropriate
congressional committees on the strategy detailed in subsection (c).
(e) Policy and Diplomatic Coordination.--
(1) Establishment of new position.--There may be
established within the Department of State an Office of the
United States Senior Coordinator for the Red Sea Region, which
shall be led by a Senate-confirmed Senior Coordinator who shall
work closely with the Bureaus of African Affairs, Near Eastern
Affairs, relevant Department bureaus and offices, the
Department of Defense, the United States Agency for
International Development and others in the United States
Government to develop, integrate, and coordinate a strategic
approach towards the Red Sea region and who shall--
(A) be subject to the advice and consent of the
Senate;
(B) report directly to the Under Secretary of State
for Political Affairs;
(C) coordinate the development and lead the
implementation of the strategy required under
subsection (c);
(D) ensure, in consultation with the Assistant
Secretary of State for African Affairs and the
Assistant Secretary of State for Near Eastern Affairs,
that United States Ambassadors in the Red Sea region--
(i) are aware of such strategy; and
(ii) are taking concrete actions on a
regular basis in the countries in which they
serve to help further such strategy;
(E) ensure relevant Department of State programs
and activities being carried out in the Red Sea region
are coordinated in such a way that they advance the
policy and strategy described in [section b and c];
(F) coordinate, through the establishment of an
interagency working group, with the Assistant
Administrators for Africa, the Middle East, and other
relevant USAID bureaus, and with the Deputy Assistant
Secretaries of Defense for Africa and the Middle East
at Department of Defense to identify programs and
activities of their respective bureaus and agencies
that will support the strategy described in subsection
(c);
(G) lead United States diplomatic efforts on
transnational issues in the Red Sea region; and
(H) ensure that appropriate congressional
committees are regularly informed relative to Red Sea
and Gulf of Aden issues.
(2) Diplomatic posts.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees that
examines--
(A) the feasibility of adding at least 1 additional
position to United States diplomatic posts at each of
the embassies in the Red Sea region;
(B) any other explicit personnel plans to increase
reporting on, among other issues, political, economic,
and security engagement in the Red Sea region by actors
from outside the region, especially the PRC, the
Russian Federation, Iran, the Republic of Turkiye, and
the Arabian Gulf countries; and
(C) actions taken by countries that could have a
destabilizing effect on the Red Sea region.
(3) Establishment of reporting category.--Not later than 30
days after the date of the enactment of this Act, the Secretary
shall create a Red Sea region category within the internal
reporting system of the Department of State to enable readers
from throughout the United States Government to better identify
and access reporting pertaining to the Red Sea region.
(f) Red Sea Security Forum.--The Secretary, in consultation with
the Secretary of Defense and the Administrator of the United States
Agency for International Development, shall convene an annual security
forum involving United States and foreign diplomatic, development and
defense officials, representatives of multilateral organizations, and
civil society to identify and develop approaches to shared challenges
in the Red Sea region, including--
(1) countering PRC influence;
(2) maritime security and transnational threats including
counter-terrorism, piracy and arms, and narcotics trafficking;
(3) food security;
(4) trade;
(5) forced migration; and
(6) environmental security.
(g) Reporting Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually for the following 4 years, the
Secretary shall submit a report to the appropriate congressional
committees that includes--
(1) the status of the implementation of the strategy
required under subsection (c);
(2) a description of the engagement of international actors
in countries in Africa that are part of the Red Sea region,
with special emphasis on the PRC, the Russian Federation, Iran,
the Republic of Turkiye, and Arabian Gulf countries, the
implications of their engagement for the national security
interests of the United States, and steps taken to counter the
influence of the aforementioned international actors;
(3) a detailed description of the illicit networks that
move people, narcotics, and arms across the Red Sea region;
(4) a discussion of key foreign investors and investments
in the Red Sea region initiated over the previous year,
including by United States and foreign actors;
(5) a country-by-country itemization of all United States
democracy and governance assistance provided to countries in
the Red Sea region, broken down by program and by funding
sources and levels, along with an identification of the
intended and actual outcomes;
(6) a country-by-country itemization of all United States
security assistance provided to countries in the Red Sea
region, along with an identification of the security
capabilities of countries in the Red Sea region, intended gaps
in capabilities that United States assistance is intended to
fill, and actual outcomes;
(7) an assessment of the extent to which a sustained United
States presence in Somaliland would--
(A) support United States policy focused on the Red
Sea region, including the ``promotion of conflict
avoidance and resolution'';
(B) improve cooperation on counter-terrorism and
intelligence sharing, including by--
(i) degrading and ultimately defeating the
terrorist threat posed by Al-Shabaab, the
Islamic State in Somalia, and other terrorist
groups operating in Somalia; and
(ii) countering the malign influence of the
Iranian regime and its terror proxies;
(C) enhance cooperation on counter-trafficking,
including the trafficking of humans, wildlife, weapons,
and illicit goods;
(D) support trade and development in the region;
(8) recommendations for facilitating the distribution of
humanitarian assistance in the Horn of Africa; and
(9) recommendation for countering the presence of the
Russian Federation and the PRC in the Horn of Africa, including
by detailing--
(A) the PRC's interest in access to port facilities
in Djibouti, Mombasa, Massawa, and Assab;
(B) the PRC's role in fomenting unrest in the Sool
region of Somaliland; and
(C) the role Somaliland's relationship with the
Republic of China (Taiwan) counters PRC influence in
the region and contributes to United States interests.
(h) Form.--The report required under this section shall be
unclassified to the maximum extent practicable, but may include a
classified annex.
SEC. 464. SENSE OF CONGRESS ON JACKSON-VANIK.
It is the sense of Congress that it is in the interests of the
United States to waive the application of section 402(e) of the Trade
Act of 1974 (19 U.S.C. 2432(e)) with respect to Uzbekistan (upon
Uzbekistan's accession to the World Trade Organization) and with
respect to Kazakhstan.
Subtitle E--United States Interests in International Organizations
SEC. 471. GLOBAL PEACE OPERATIONS INITIATIVE.
Section 552 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348a)
is amended by adding at the end the following:
``(e) None of the funds authorized to be appropriated or otherwise
made available to carry out this chapter, including for the Global
Peace Operations Initiative of the Department of State, may be used to
train or support foreign military forces in peacekeeping training
exercises implemented by the Government of the People's Republic of
China or the People's Liberation Army, unless, by not later than
October 1 of each year, the Secretary certifies to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives that such training or support is important
to the national security interests of the United States.''.
SEC. 472. OFFICE ON MULTILATERAL STRATEGY AND PERSONNEL.
The Bureau of International Organization Affairs of the Department
of State shall create and maintain, within the Bureau, the Office on
Multilateral Strategy and Personnel, which shall--
(1) create, coordinate, and maintain a whole-of-government
strategy to strengthen United States engagement and leadership
with multilateral institutions;
(2) coordinate United States Government efforts related to
the United Nations Junior Professional Office program (referred
to in this section as ``JPO''), including--
(A) recruiting qualified individuals who represent
the United States rich diversity to apply for United
States-sponsored JPO positions;
(B) collecting and collating information about
United States-sponsored JPOs from across the United
States Government;
(C) establishing and providing orientation and
other training to United States-sponsored JPOs;
(D) maintaining regular contact with current and
former United States-sponsored JPOs, including
providing career and professional advice to United
States-sponsored JPOs;
(E) making strategic decisions, including regarding
the location and duration of United States-sponsored
JPO positions, to strengthen United States national
security interests and the competitive advantage of
United States-sponsored JPOs for future employment;
(F) sponsoring events, including representational
events, as appropriate, to support United States-
sponsored JPOs; and
(G) evaluating the efficacy of the United States
JPO strategy and its implementation at regular
intervals;
(3) coordinate and oversee a whole-of-government United
States strategy and efforts in relation to promoting qualified
candidates, including candidates from partner or allied
nations, to elected or appointed to senior positions at
multilateral institutions, including--
(A) creating a whole-of-government strategy that
identifies and prioritizes upcoming openings of
leadership positions at multilateral organizations;
(B) identifying and recruiting qualified candidates
to apply or run for such positions; and
(C) creating and implementing a strategy to obtain
the support necessary for candidates for such
positions, including--
(i) liaising and coordinating with
international partners to promote candidates;
and
(ii) working with embassies to lobby other
officials needed to support relevant
candidates;
(4) promote detail and transfer opportunities for qualified
United States personnel to multilateral organizations under
section 3343 or 3581 of title 5, United States Code,
including--
(A) by liaising with multilateral institutions to
promote and identify detail and transfer opportunities;
(B) by developing and maintaining a database of
detail and transfer opportunities to multilateral
organizations;
(C) by promoting such detail and transfer
opportunities within the United States Government and
making such database available to those eligible for
details and transfers; and
(D) by facilitating any relevant orientation,
training, or materials for detailees and transferees,
including debriefing detailees and transferees upon
their return to the United States Government; and
(5) develop and oversee official and regular United States
Government fellowships at multilateral institutions to provide
United States Government personnel additional opportunities to
undertake details at multilateral institutions.
SEC. 473. AUTHORIZATION OF APPROPRIATIONS FOR JUNIOR PROFESSIONAL
OFFICER POSITIONS AND UNITED STATES CANDIDATES FOR
LEADERSHIP POSITIONS IN MULTILATERAL INSTITUTIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000, for each of the fiscal years 2024 through
2030, which, upon appropriation, shall remain available until expended
and shall be used by the Secretary to support Junior Professional
Officer positions at multilateral institutions, including by--
(1) recruiting, training, and hosting events related to
such positions; and
(2) promoting United States candidates for leadership
positions at multilateral institutions.
(b) Congressional Notification.--Not later than 15 days before
obligating any funds appropriated pursuant to subsection (a), the
Secretary shall notify the Committee on Foreign Relations of the
Senate, the Committee on Appropriations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives regarding the amount and
proposed use of such funds.
SEC. 474. SAFEGUARDING THE INTEGRITY OF THE UNITED NATIONS SYSTEM.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) the United Nations system is critical to advancing
peace and security, internationally recognized human rights,
and development;
(2) the United States benefits from opportunities at the
United Nations to engage in multilateral diplomacy--
(A) to advance its own interests; and
(B) to work with other members of the international
community to address complex and shared challenges; and
(3) the United States has an interest in safeguarding the
integrity the United Nations system.
(b) Prioritizing the United Nations System.--The Secretary, in
coordination with the Permanent Representative of the United States to
the United Nations, as appropriate, shall prioritize the United Nations
system, including by instructing the senior leadership of the United
States Mission to the United Nations and other United States missions
to the United Nations--
(1) to promote United States participation in the United
Nations system, and that of United States allies and partners
who are committed to upholding the integrity of the United
Nations;
(2) to ensure that United Nations employees are held
accountable to their obligation to uphold the United Nations
charter, rules, and regulations;
(3) to monitor and counter undue influence, especially by
authoritarian governments, within the United Nations system;
(4) to promote the participation and inclusion of Taiwan
throughout the United Nations system and its affiliated
agencies and bodies; and
(5) to advance other priorities deemed relevant by the
Secretary and the Permanent Representative of the United States
to the United Nations to safeguard the integrity of the United
Nations system.
SEC. 475. DEPARTMENT OF STATE REPORT ON THE PEOPLE'S REPUBLIC OF
CHINA'S UNITED NATIONS PEACEKEEPING EFFORTS.
(a) Annual Report.--Not later than January 31 of each year through
January 31, 2027, the Secretary shall submit a report to the
appropriate congressional committees describing the People's Republic
of China's United Nations peacekeeping efforts.
(b) Elements.--The report required under subsection (a) shall
include an assessment of the PRC's contributions to United Nations
peacekeeping missions, including--
(1) a detailed list of the placement of PRC peacekeeping
troops;
(2) a list of the number of troops participating in the
United Nations Peacekeeping Mission from the PRC, the United
States, and other permanent members of the United Nations
Security Council;
(3) an estimate of when the PRC is expected to surpass the
United States as the top financial contributor to the United
Nations peacekeeping operations;
(4) an estimate of the amount of money that the PRC
receives from the United Nations for its peacekeeping efforts;
(5) an estimate of the portion of the money the PRC
receives for its peacekeeping operations and troops that comes
from United States contributions to United Nations peacekeeping
efforts;
(6) an analysis comparing the locations of PRC peacekeeping
troops and the locations of ``One Belt, One Road'' projects;
and
(7) an assessment of the number of Chinese United Nations
peacekeepers who are part of the People's Liberation Army or
the People's Armed Police, including the rank, division,
branch, and theater command of such peacekeepers.
TITLE V--INVESTING IN OUR VALUES THROUGH SANCTIONS AND UNITED NATIONS
REFORMS
SEC. 501. IMPOSITION OF SANCTIONS WITH RESPECTS TO SYSTEMATIC RAPE,
COERCIVE ABORTION, FORCED STERILIZATION, OR INVOLUNTARY
CONTRACEPTIVE IMPLANTATION IN THE XINJIANG UYGHUR
AUTONOMOUS REGION.
(a) In General.--Section 6(a)(1) of the Uyghur Human Rights Policy
Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) Systematic rape, coercive abortion, forced
sterilization, involuntary contraceptive implantation
policies and practices, or any other type of sexual or
gender based violence.''.
(b) Effective Date; Applicability.--The amendment made by
subsection (a)--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply with respect to the first report required
under section 6(a)(1) of the Uyghur Human Rights Policy Act of
2020 (Public Law 116-145; 22 U.S.C. 6901 note) submitted after
such date of enactment.
SEC. 502. REMOVAL OF MEMBERS OF THE UNITED NATIONS HUMAN RIGHTS COUNCIL
THAT COMMIT HUMAN RIGHTS ABUSES.
The President shall direct the Permanent Representative of the
United States to the United Nations to use the voice, vote, and
influence of the United States--
(1) to reform the process for suspending the rights of
membership on the United Nations Human Rights Council for
countries whose governments commit gross and systemic
violations of human rights, including--
(A) seeking to lower the threshold vote at the
United Nations General Assembly for suspension of the
rights of membership to a simple majority;
(B) ensuring information detailing a member
country's human rights record is publicly available
before a vote on suspension of its rights of
membership; and
(C) making the vote of each country on the
suspension of rights of membership from the United
Nations Human Rights Council publicly available;
(2) to reform the rules for electing members to the United
Nations Human Rights Council to seek to ensure United Nations
members whose governments have committed gross and systemic
violations of internationally recognized human rights are not
elected to the Human Rights Council; and
(3) to oppose the election to the Human Rights Council of
any United Nations member--
(A) the government of which has been determined to
be engaging in a consistent pattern of gross violations
of internationally recognized human rights pursuant to
section 116 or section 502B of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n and 2304);
(B) currently designated as a state sponsor of
terrorism;
(C) currently designated as a Tier 3 country under
section 110(b)(1)(C) the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7101(b)(1)(C));
(D) the government of which is identified on the
list published by the Secretary pursuant to section
404(b) of the Child Soldiers Prevention Act of 2008 (22
U.S.C. 2370c-1(b)) as a government that recruits and
uses child soldiers; or
(E) the government of which the United States
determines to have committed genocide, crimes against
humanity, war crimes, or ethnic cleansing.
SEC. 503. UNITED NATIONS POLICY AND INTERNATIONAL ENGAGEMENT ON THE
REINCARNATION OF THE DALAI LAMA AND RELIGIOUS FREEDOM OF
TIBETAN BUDDHISTS.
(a) Reaffirmation of Policy.--It is the policy of the United
States, as provided under section 342(b) of division FF of the
Consolidated Appropriations Act, 2021 (Public Law 116-260), that any
``interference by the Government of the People's Republic of China or
any other government in the process of recognizing a successor or
reincarnation of the 14th Dalai Lama and any future Dalai Lamas would
represent a clear abuse of the right to religious freedom of Tibetan
Buddhists and the Tibetan people''.
(b) International Efforts To Protect Religious Freedom of Tibetan
Buddhists.--The Secretary should engage with United States allies and
partners to--
(1) support Tibetan Buddhist religious leaders' sole
religious authority to identify and install the 15th Dalai
Lama;
(2) oppose claims by the Government of the People's
Republic of China that the PRC has the authority to decide for
Tibetan Buddhists the 15th Dalai Lama; and
(3) reject interference by the Government of the People's
Republic of China in the religious freedom of Tibetan
Buddhists.
TITLE VI--ADVANCING OVERSIGHT OF INTERNATIONAL LIFE SCIENCES RESEARCH
SEC. 601. SHORT TITLE.
This title may be cited as the ``Biological Weapons Act of 2024''.
SEC. 602. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Armed Services of the House of
Representatives; and
(F) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Biological weapons convention.--The term ``Biological
Weapons Convention'' means the Convention on the Prohibition of
the Development, Production and Stockpiling of Bacteriological
and Toxin Weapons and on their Destruction, done at Washington,
London, and Moscow, April 10, 1972.
(3) Dual use research of concern.--The term ``dual-use
research of concern'' is life sciences research that--
(A) involves an international partner; and
(B) based on current understanding, can be
reasonably anticipated to provide knowledge,
information, products, or technologies that could be
directly misapplied to pose a significant threat with
broad potential consequences to public health and
safety, agricultural crops and other plants, animals,
the environment, materiel, or national security.
(4) Other international life sciences research of
concern.--The term ``other international life sciences research
of concern'' means research that--
(A) is conducted by or with an international
partner;
(B) involves, or is anticipated to involve--
(i) enhancing a potential pandemic
pathogen;
(ii) the characterization of pathogens with
pandemic potential; or
(iii) modifying a pathogen in such a way
that it could acquire pandemic potential; or
(C) involves enhancing the pathogenicity,
contagiousness, or transmissibility of viruses or
bacteria in ways or for purposes that can be reasonably
anticipated to pose a threat to public health and
safety or national security.
SEC. 603. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to conduct rigorous scrutiny of and regularly review
international biological, bacteriological, virological, and
other relevant research collaboration that could be weaponized
or reasonably considered dual-use research of concern, and
incorporate national security and nonproliferation
considerations and country-specific conditions into decisions
regarding such collaborations;
(2) to ensure that, in the search for solutions to pressing
global health challenges, United States Government support for
public health research and other actions does not advance the
capabilities of foreign adversaries in the area of dual-use
research of concern or inadvertently contribute to the
proliferation of biological weapons technologies; and
(3) to declassify, to the maximum extent possible, all
intelligence relevant to the PRC's compliance or lack of
compliance with its obligations under the Biological Weapons
Convention, and other national security concerns regarding PRC
biological, bacteriological, virological, and other relevant
research that could be weaponized or reasonably considered
dual-use research of concern that may be outside the scope of
the Biological Weapons Convention.
SEC. 604. AMENDMENTS TO THE SECRETARY OF STATE'S AUTHORITY UNDER THE
ARMS CONTROL AND DISARMAMENT ACT.
(a) Research, Development, and Other Studies.--Section 301(a) of
the Arms Control and Disarmament Act (22 U.S.C. 2571(a)) is amended by
inserting ``biological, virological,'' after ``bacteriological''.
(b) Oversight of Dual-Use Research.--
(1) In general.--Title III of the Arms Control and
Disarmament Act (22 U.S.C. 2571 et seq.) is amended by adding
at the end the following:
``SEC. 309. AUTHORITIES WITH RESPECT TO DUAL-USE RESEARCH OF CONCERN
AND OTHER INTERNATIONAL LIFE SCIENCES RESEARCH OF
CONCERN.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Foreign Relations of the
Senate;
``(B) the Committee on Health, Education, Labor,
and Pensions of the Senate;
``(C) the Committee on Foreign Affairs of the House
of Representatives; and
``(D) the Committee on Energy and Commerce of the
House of Representatives.
``(2) Dual-use research of concern.--The term ` dual-use
research of concern' has the meaning given such term in section
602 of the Biological Weapons Act of 2024.
``(3) Other international life sciences research of
concern.--The term `other international life sciences research
of concern' has the same meaning as defined by section 602 of
the Biological Weapons Act of 2024.
``(b) Oversight of Dual Use Research of Concern and Other
International Life Sciences Research of Concern.--The Secretary, with
respect to oversight of dual-use research of concern and other
international life sciences research of concern, shall--
``(1) ensure robust and consistent Department of State
participation in interagency processes and review mechanisms;
``(2) require the Administrator of the United States Agency
for International Development to report to, and consult with,
the Department of State regarding any proposed programs,
projects, initiatives, or funding for dual-use research of
concern or other international life sciences research of
concern;
``(3) evaluate whether proposed international scientific
and technological cooperation activities in which the United
States Government participates that involves dual-use research
of concern or other international life sciences research of
concern, including research related to biological agents,
toxins, and pathogens, aligns with the United States National
Security Strategy and related strategic documents;
``(4) direct the Department of State--
``(A) to implement prohibitions and enhanced
restrictions on high-risk life sciences research with
United States adversaries, especially the People's
Republic of China, the Russian Federation, the Islamic
Republic of Iran, and the Democratic People's Republic
of Korea; and
``(B) to adhere to such prohibitions and enhanced
restrictions when participating in interagency
processes and review mechanisms related to dual-use
research of concern and other international life
sciences research of concern;
``(5) create, in consultation with other Federal
departments and agencies, policies and processes for post-award
oversight of grants and funding for dual-use research of
concern and other international life sciences research of
concern that--
``(A) are aligned with existing laws and
regulations;
``(B) provide grants or funding from other Federal
departments and agencies; and
``(C) keep the Department of State apprised of any
national security or foreign policy concerns that may
arise with respect to a project funded by another
Federal department or agency;
``(6) conduct periodic reviews of the adequacy of
consultative mechanisms with other Federal departments and
agencies with respect to oversight of dual-use research of
concern and other international life sciences research of
concern, especially consultative mechanisms mandated in United
States law, and identify recommendations for improving such
consultative mechanisms;
``(7) direct Chiefs of Mission to ensure--
``(A) country team assessments are submitted to the
Department of State and the head of the Federal
department or agency proposing to sponsor programs and
collaborations to scrutinize whether such programs or
collaborations involve dual-use research of concern or
other life international life sciences research of
concern; and
``(B) such assessments are integrated into relevant
interagency processes; and
``(8) direct Chiefs of Mission to increase embassy
reporting in other countries on dual-use research of concern,
other international life sciences research of concern,
biosecurity hazards trends in the development of synthetic
biology and biotechnology, and other related matters.
``(c) Reports to Congress.--Not later than 1 year after the date of
the enactment of this Act, and biennially thereafter for the following
5 years, the Secretary shall submit a report to the appropriate
congressional committees that describes the implementation of
subsection (b).
``(d) Annual Report on Approvals of Collaboration.--Not later than
1 year after the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary should shall submit
to the appropriate committees of Congress a report describing any
research or other collaboration, including transfer agreements,
memoranda of understanding, joint research projects, training, and
conferences that involve significant knowledge transfer, that meets the
definitions outlined in subsection (c) that was approved or not
objected to by the Secretary of State and the justification for such
approval or lack of an objection.''.
SEC. 605. REPORT ON THREATS RELATED TO SPECIFIC DUAL USE RESEARCH OF
CONCERN AND OTHER INTERNATIONAL LIFE SCIENCES RESEARCH OF
CONCERN.
Not later than 1 year after the date of enactment of this Act and
annually thereafter, the Secretary shall submit to the Foreign
Relations Committee of the Senate and the Foreign Affairs Committee of
the House of Representatives an assessment of the key national security
risks of dual-use research of concern or other international life
sciences research of concern, including--
(1) major issues the Department of State is prioritizing
with respect to the misuse or weaponization of, or that be
reasonably anticipated to be misused or weaponized, biological,
bacteriological, and virological research, or the misuse or
weaponization of, or that be reasonably anticipated to be
misused or weaponized, any other category of dual-use research
of concern or other international life sciences research of
concern by state and non-state actors;
(2) the Department of State's efforts to develop and
promote measures to prevent such misuse, weaponization, or
proliferation of dual-use research of concern or other
international life sciences research of concern;
(3) an assessment of targeted national level and government
directed policies, research initiatives, or other relevant
efforts focused on dual-use research of concern or other
international life sciences research of concern, including--
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Islamic Republic of Iran;
(D) the Democratic People's Republic of Korea;
(E) any other nation identified in the report
required under section 403 of the Arms Control and
Disarmament Act (22 U.S.C. 2593a); and
(F) any terrorist group or malign non-state actor;
(4) an assessment of the national security concerns posed
by any of the activities described in paragraph (1) or (3);
(5) a description of collaboration between ostensibly
civilian entities, including research laboratories, and
military entities, involving the activities identified in
paragraph (3);
(6) a description of the confidence-building measures or
other attempts by the countries referred to in paragraph (3) to
justify, clarify, or explain the activities described in such
paragraph;
(7) the extent to which the Secretary assesses the
Biological Weapons Convention and any other relevant
international agreements account for or keep pace with the
security threats of the activities identified in paragraph (3);
(8) a description of the process used by the United States
Government, including the role of the Department of State, to
approve and review funding or other support, including
subgrants in other countries for dual-use research of concern
or other life sciences research of concern, including research
related to biological agents, toxins, and pathogens that poses,
or can reasonably be anticipated to pose, a risk of misuse,
weaponization, or other threat to United States national
security;
(9) a list and description of United States Government
interagency mechanisms and international groups or coordinating
bodies on biosecurity and dual-use research of concern in which
the Department of State is a member or has a formal role; and
(10) a description of any obstacles or challenges to the
ability of United States Government to address the requirements
specified in this section, including a description of gaps in
authorities, intelligence collection and analysis,
organizational responsibilities, and resources.
SEC. 606. REPORT ON UNITED STATES FUNDING RESEARCH WITH THE PRC.
(a) In General.--The President shall--
(1) not later than 400 days after the date of the enactment
of this Act, conduct a formal review regarding all United
States Government-funded research collaboration initiatives
conducted with international partners during the 20-year period
ending on such date of enactment with the PRC related to
research areas that pose potential biological weapons
proliferation risks or meet the criteria of dual-use research
of concern or other international life sciences research of
concern; and
(2) not later than 15 days after completing the review
pursuant to paragraph (1), submit a written, unclassified
report, which may include a classified annex, to--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Energy and Commerce of the
House of Representatives; and
(F) the Committee on Armed Services of the House of
Representatives.
(b) Elements.--The report required under subsection (a)(2) shall--
(1) provide a detailed description and example of projects
of the initiatives identified pursuant to subsection (a), the
current status of such programs, including--
(A) dates of initiation and termination; and
(B) the criteria for granting approval of funding;
(2) outline the procedures used to approve or deny such
grants or other funding, including the coordination, if any,
between agencies responsible for public health preparedness and
biomedical research agencies, including the Department of
Health and Human Services, and national security agencies,
including the Department of State, the Department of Defense,
and the intelligence community;
(3) identify gaps in United States Government safeguards
regarding sufficient measures to prevent any such research
intended for civilian purposes from being diverted for military
research in the PRC;
(4) include an assessment of how to best address any such
procedural gaps, especially regarding greater interagency
input;
(5) explain how the research conducted with the grants and
funding requests referred to in paragraph (1) may have
contributed to the development of biological weapons, or the
development of technology and advancements that meet the
criteria of dual-use research of concern or other international
life sciences research of concern in the PRC;
(6) explain how the United States Government's
understanding of the PRC's ``military-civil fusion'' national
strategy--
(A) informed and affected such funding decisions;
and
(B) will inform future funding decisions in
research related to gain-of-function, synthetic
biology, biotechnology, or other research areas that
pose biological weapons proliferation or dual-use
concerns;
(7) explain whether any United States Government funding
was used to support gain-of-function research in the PRC during
the United States moratorium on such research between 2014 and
2017;
(8) identify the steps taken the by United States
Government, if any, to apply additional scrutiny to United
States Government funding, including subgrants, to support
gain-of-function research in the PRC after the United States
Government lifted the moratorium on gain-of-function research
in 2017; and
(9) include any other relevant matter discovered during the
course of such review.
SEC. 607. BIOLOGICAL AND TOXIN WEAPONS REVIEW CONFERENCE.
(a) Statement of Policy.--In order to promote international peace
and security, it is the policy of the United States to promote
compliance with the Biological Weapons Convention in accordance with
subsections (b) through (d).
(b) Activities To Advance United States Interests at Meetings of
the Biological Weapons Convention.--Before each Review Conference of
the Biological Weapons Convention, the Secretary shall--
(1) demand greater transparency from the Government of the
PRC's activities on dual-use research of concern and the
applications of such research that raise concerns regarding its
compliance with Article I of the Biological Weapons Convention;
(2) engage with other governments, the private sector
(including in relevant science and technology fields), and
other stakeholders, as appropriate, regarding--
(A) United States concerns about the PRC's
compliance with the Biological Weapons Convention; and
(B) the national security, public health, and non-
proliferation implications of such concerns;
(3) emphasize that the PRC's national strategy of military-
civil fusion undermines the underlying utility and
effectiveness of the Biological Weapons Convention, which may
not adequately capture the full range of technologies with
dual-use implications being pursued by the PRC.
(c) Declassification of Intelligence.--The President should, as
appropriate, declassify intelligence relevant to the PRC's obligations
under the Biological Weapons Convention and concerns about its
compliance the such Convention.
(d) Security Council Complaint.--If the questions and concerns
raised pursuant to subsection (b) are not adequately addressed and the
Secretary determines that another state party is in breach of an
obligation under the Biological Weapons Convention, the President
should consider lodging a complaint to the Security Council pursuant to
Article VI of the Convention.
SEC. 608. ANNUAL REPORT BY THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for the following 5
years, the Administrator of the United States International Development
shall submit a report to the appropriate congressional committees
describing all funding, including subgrants, for research involving or
related to the study of pathogens, viruses, and toxins provided to
entities subject to the jurisdiction of countries listed in subsection
(b), which shall include a national security justification by the
Secretary for such funding.
(b) List of Countries Specified.--The countries list in this
subsection are--
(1) the People's Republic of China;
(2) the Russian Federation;
(3) the Islamic Republic of Iran;
(4) the Democratic People's Republic of Korea; and
(5) any other country specified in the report assessing
compliance with the Biological Weapons Convention, as required
under section 403(a) of the Arms Control and Disarmament Act
(22 U.S.C. 2593a(a)) during the relevant calendar year.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 609. UNITED NATIONS AGENCIES, PROGRAMS, AND FUNDS.
(a) Requirement.--The Permanent Representative of the United States
to the United Nations shall use the voice, vote, and influence of the
United States at the United Nations to block representatives from any
country specified in the report required under section 403(a) of the
Arms Control and Disarmament Act (22 U.S.C. 2593a(a)) from serving in
leadership positions within any United Nations organ, fund, program, or
related specialized agency with responsibility for global health
security (including animal health), biosecurity, atomic, biological or
chemical weapons, or food security and agricultural development.
(b) List of Countries Specified.--The countries to be covered by
the report required under subsection (a), are--
(1) the People's Republic of China;
(2) the Russian Federation;
(3) the Islamic Republic of Iran;
(4) the Democratic People's Republic of Korea;
(5) the Assad Regime of Syria; and
(6) any other country specified in the report required
under section 403(a) of the Arms Control and Disarmament Act
(22 U.S.C. 2593a(a)) during the relevant calendar year.
(c) Sunset.--This section shall cease to have any force or effect
beginning on the date that is 5 years after the date of the enactment
of this Act.
SEC. 610. RULE OF CONSTRUCTION.
Nothing in this Act may be construed as authorizing or endorsing
United States Government funding for dual-use research of concern and
other international life sciences research of concern with
international partners that present risks to the national security and
public health of the United States.
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