,i #aagth ,,congress #ast ,session ,h4 ,r4 #dgib ,,in ,,the ,,house ,,of ,,representatives ,july #bi1 #bjba,mr4 ,banks 7for himself1 ,mr4 ,babin1 ,mr4 ,steube1 ,mr4 ,wilson of ,south ,carolina1 ,mrs4 ,mc,clain1 ,mr4 ,garcia of ,california1 ,mr4 ,fitzgerald1 ,mrs4 ,hinson1 ,mr4 ,norman1 ,mr4 ,keller1 ,mr4 ,duncan1 ,mr4 ,bergman1 ,mr4 ,murphy of ,north ,carolina1 ,mr4 ,crenshaw1 ,mr4 ,rouzer1 ,ms4 ,stefanik1 ,mr4 ,tiffany1 ,mr4 ,palazzo1 ,mr4 ,austin ,scott of ,georgia1 ,mr4 ,cawthorn1 ,mr4 ,johnson of ,louisiana1 ,mrs4 ,harshbarger1 ,ms4 ,tenney1 ,mr4 ,rose1 ,mr4 ,johnson of ,south ,dakota1 ,mr4 ,barr1 ,mr4 ,green of ,tennessee1 ,mr4 ,higgins of ,louisiana1 ,mrs4 ,hartzler1 ,mr4 ,la,malfa1 ,mr4 ,burchett1 ,mr4 ,hern1 ,mr4 ,reschenthaler1 and ,mr4 ,arrington7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on the ,judiciary1 ,ways and ,means1 ,oversight and ,reform1 ,financial ,services1 ,energy and ,commerce1 ,intelligence 7,permanent ,select71 ,agriculture1 ,rules1 ,transportation and ,infrastructure1 ,science1 ,space1 and ,technology1 ,natural ,resources1 ,education and ,labor1 and ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to counter the malign influence and theft perpetuated by the ,people's ,republic of ,china and the ,chinese ,communist ,party4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,countering ,communist ,china ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,severability4,title ,i--,matters ,relating to ,countering ,china's ,malign ,influence,sec4 #aja4 ,imposition of sanctions with respect to foreign persons that knowingly spread malign disinformation as part of or on behalf of a foreign government or political party for purposes of political warfare4,sec4 #ajb4 ,determination with respect to the imposition of sanctions on the ,united ,front ,work ,department of the ,chinese ,communist ,party4,sec4 #ajc4 ,authorities to regulate or prohibit mobile applications and software programs that engage in theft or unauthorized transmission of user data on behalf of a communist country1 foreign adversary1 or state sponsor of terrorism4,sec4 #ajd4 ,imposition of sanctions with respect to mobile applications or software programs that engage in theft or unauthorized transmission of user data4,sec4 #aje4 ,determination with respect to the imposition of sanctions on ,we,chat and ,tik,tok4,sec4 #ajf4 ,prohibiting lobbying contacts by former ,members of ,congress on behalf of communist countries4,sec4 #ajg4 ,annual disclosure of contributions from foreign governments and political parties by certain tax-exempt organizations4,sec4 #ajh4 ,position of sanctions with respect to senior officials of the ,chinese ,communist ,party4,sec4 #aji4 ,determination with respect to the imposition of sanctions on members of the ,,ccp ,politburo4,sec4 #aaj4 ,mandatory application of sanctions4,sec4 #aaa4 ,continuation in effect of certain export controls4,sec4 #aab4 ,exclusion of ,government of the ,people's ,republic of ,china from certain cultural exchanges4,sec4 #aac4 ,prohibition on any ,,tsp fund investing in entities based in the ,people's ,republic of ,china4,sec4 #aad4 ,enactment of ,executive order4,sec4 #aae4 ,review by ,committee on ,foreign ,investment in the ,united ,states of greenfield investments by ,people's ,republic of ,china4,sec4 #aaf4 ,modification of authorities to regulate or prohibit the importation or exportation of information or informational materials containing sensitive personal data under the ,international ,emergency ,economic ,powers ,act4,sec4 #aag4 ,prohibiting the purchase of agricultural land located in the ,united ,states4,title ,,ii--,matters ,relating to ,china's ,role in ,,covid-#ai,sec4 #bja4 ,declassification of information related to the origin of ,,covid-#ai4,sec4 #bjb4 ,amendment to ,department of ,state rewards program4,sec4 #bjc4 ,executive strategy to seek reimbursement from ,china of funds made available by the ,united ,states ,government to address ,,covid-#ai4,sec4 #bjd4 ,prohibition on use of funds to seek membership in the ,world ,health ,organization or to provide assessed or voluntary contributions to the ,world ,health ,organization4,sec4 #bje4 ,establishment of a joint select committee on the events and activities surrounding ,china's handling of the #bjai novel coronavirus4,sec4 #bjf4 ,membership4,sec4 #bjg4 ,investigation and report on the events surrounding ,china's handling of the #bjai novel coronavirus4,sec4 #bjh4 ,powers4,sec4 #bji4 ,staff2 funding4,sec4 #baj4 ,termination4,sec4 #baa4 ,statement of policy4,sec4 #bab4 ,amendments to the ,chemical and ,biological ,weapons ,control and ,warfare ,elimination ,act of #aiia4,sec4 #bac4 ,determination regarding the ,people's ,republic of ,china4,sec4 #bad4 ,regulatory authority4,sec4 #bae4 ,appropriate congressional committees defined4,sec4 #baf4 ,limitation on research by the ,national ,science ,foundation and ,national ,institutes of ,health4,sec4 #bag4 ,prohibition on certain human-animal chimeras4,sec4 #bah4 ,technical amendment4,title ,,iii--,matters ,relating to ,medical and ,national ,security ,supply ,chains,sec4 #cja4 ,report and recommendation on barriers to domestic manufacturing of medical products4,sec4 #cjb4 ,tax incentives for relocating manufacturing of pharmaceuticals and medical supplies and devices to the ,united ,states4,sec4 #cjc4 ,principal negotiating objectives of the ,united ,states relating to trade in covered pharmaceutical products4,sec4 #cjd4 ,reauthorization of trade agreements authority4,sec4 #cje4 ,securing essential medical materials4,sec4 #cjf4 ,investment in supply chain security4,sec4 #cjg4 ,permit process for projects relating to extraction1 recovery1 or processing of critical materials4,title ,,iv--,matters ,relating to ,research and ,development,sec4 #dja4 ,permanent full expensing for qualified property4,sec4 #djb4 ,research and experimental expenditures4,sec4 #djc4 ,repeal and codification of certain ,executive orders4,sec4 #djd4 ,educational assistance exclusion from gross income increased4,sec4 #dje4 ,research and experimental expenditures4,title ,v--,matters ,related to ,education,subtitle ,a--,restrictions relating to foreign funding of educational institutions,sec4 #eja4 ,restrictions on institutions partnering with the ,people's ,republic of ,china4,sec4 #ejb4 ,limiting exemption from foreign agent registration requirement for persons engaging in activities in furtherance of certain pursuits to activities not promoting political agenda of foreign governments4,sec4 #ejc4 ,reporting exchange visitor change in field of study4,sec4 #ejd4 ,reporting certain research program participation4,sec4 #eje4 ,review and revocation of certain nonimmigrant visas4,sec4 #ejf4 ,annual report4,subtitle ,b--,protecting ,our ,universities ,act,sec4 #eaa4 ,sensitive research project list4,sec4 #eab4 ,foreign student participation in sensitive research projects4,sec4 #eac4 ,foreign entities4,sec4 #ead4 ,enforcement4,sec4 #eae4 ,definitions4,subtitle ,c--,other matters,sec4 #eba4 ,report on ,china benefitting from ,united ,states taxpayer-funded research4,sec4 #ebb4 ,conditions on ,federal research grants4,sec4 #ebc4 ,protecting institutions1 laboratories1 and research institutes4,sec4 #ebd4 ,registration of participants in foreign talent recruitment programs of the ,people's ,republic of ,china as agents of the ,government of the ,people's ,republic of ,china4,sec4 #ebe4 ,economic espionage4,sec4 #ebf4 ,department of ,state list of foreign talent recruitment programs of the ,people's ,republic of ,china4,sec4 #ebg4 ,definitions4,sec4 #ebh4 ,disclosure on certain visa applications4,sec4 #ebi4 ,review by ,committee on ,foreign ,investment in the ,united ,states of certain foreign gifts to and contracts with institutions of higher education4,sec4 #ecj4 ,disclosures of foreign gifts and contracts at institutions of higher education4,title ,,vi--,matters ,related to ,democracy1 ,human ,rights and ,taiwan,sec4 #fja4 ,supporting a free and democratic ,china4,sec4 #fjb4 ,american ,institute in ,taiwan4,sec4 #fjc4 ,prohibitions against undermining ,united ,states policy regarding ,taiwan4,sec4 #fjd4 ,negotiation of a free trade agreement with ,taiwan4,sec4 #fje4 ,introduction and fast track consideration of implementing bill4,sec4 #fjf4 ,strategy to address genocide in the ,xinjiang ,uyghur ,autonomous ,region4,sec4 #fjg4 ,sanctions with respect to individuals committing responsible for or complicit in forced sterilizations1 forced abortions1 or other sexual violence4,sec4 #fjh4 ,sense of ,congress on the #bjbb ,winter ,olympics4,sec4 #fji4 ,limitations on funds made available for the ,united ,nations ,population ,fund4,sec4 #faj4 ,prohibition on use of funds for abortions and involuntary sterilizations4,sec4 #faa4 ,prohibition on certain funding relating to provision of an open platform for ,china4,sec4 #fab4 ,establishment of new ,mandarin ,chinese language platforms of the ,united ,states ,agency for ,global ,media4,sec4 #fac4 ,annual meetings of interparliamentary group between ,congress and ,legislature of ,taiwan4,sec4 #fad4 ,prohibition on importation of goods made in the ,xinjiang ,uyghur ,autonomous ,region4,title ,,vii--,matters ,related to ,defense,sec4 #gja4 ,modification to use of emergency sanctions authorities regarding ,communist ,chinese military companies4,sec4 #gjb4 ,prohibition on use of funds to purchase goods or services from ,communist ,chinese military companies4,sec4 #gjc4 ,enactment of ,executive ,order #aciei4,sec4 #gjd4 ,inclusion of certain ,chinese entities on the ,annex to ,executive ,order #aciei4,sec4 #gje4 ,arms exports to ,india4,title ,,viii--,matters ,related to the ,protection of ,intellectual ,property ,sec4 #hja4 ,imposition of sanctions related to the theft of intellectual property4,sec4 #hjb4 ,prohibition on use of funds4,sec4 #hjc4 ,prohibition on individuals with security clearances from being employed by certain entities4,sec4 #hjd4 ,restriction on issuance of visas4,sec4 #hje4 ,inter partes review4,sec4 #hjf4 ,post-grant review4,sec4 #hjg4 ,composition of post-grant review and inter partes review panels4,sec4 #hjh4 ,reexamination of patents4,sec4 #hji4 ,restoration of patents as property rights4,sec4 #haj4 ,inventor protections4,sec4 #haa4 ,registration of agent4,sec4 #hab4 ,exception to sovereign immunity4,sec4 #hac4 ,redress of theft of trade secrets extraterritorially4,sec4 #had4 ,restriction on ,federal grants and other forms of assistance4,sec4 #hae4 ,restriction on ,national ,science ,foundation grants and other forms of assistance to ,communist ,chinese military companies and their affiliates4,sec4 #haf4 ,expanding inadmissibility on security and related grounds4,title ,,ix--,matters ,related to ,financial ,services,sec4 #ija4 ,opposition of the ,united ,states to an increase in the weight of the ,chinese renminbi in the special drawing rights basket of the ,international ,monetary ,fund4,sec4 #ijb4 ,sunset4,sec4 #ijc4 ,strengthening congressional oversight of special drawing rights at the ,,imf4,sec4 #ijd4 ,prohibition on allocations for perpetrators of genocide and state sponsors of terrorism without congressional authorization4,sec4 #ije4 ,opposition to quota increase for countries that undermine ,,imf principles4,sec4 #ijf4 ,opposition of the ,united ,states to ,international ,monetary ,fund loan to a country whose public debt is not likely to be sustainable in the medium term4,sec4 #ijg4 ,congressional notification with respect to exceptional access lending4,sec4 #ijh4 ,condition on ,,imf quota increase for the ,people's ,republic of ,china4,sec4 #iji4 ,ensuring non-discrimination with respect to travel policies at the international financial institutions4,sec4 #iaj4 ,testimony requirement4,sec4 #iaa4 ,statement of ,united ,states policy regarding the dollar4,sec4 #iab4 ,report on dollar strategy4,sec4 #iac4 ,sunset4,title ,x--,offsets,sec4 #ajja4 ,rescission of certain ,federal funds appropriated for ,state1 city1 local1 and tribal governments4,title ,,xi--,national ,security ,authorizations,sec4 #aaja4 ,authorization to hire additional staff for the ,office of ,foreign ,asset ,control of the ,department of the ,treasury4,sec4 #aajb4 ,authorization of appropriations for ,,indopacom unfunded priorities4,sec4 #aajc4 ,authorization to hire additional staff for the ,office of ,customs and ,border ,protection force labor activities4,sec4 #aajd4 ,authorization for the ,department of ,justice's ,china initiative4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,people's ,republic of ,china and the ,chinese ,communist ,party represent the foremost national security threat faced by the ,united ,states4 7#b7 ,the ,people's ,republic of ,china and the ,chinese ,communist ,party are founded on the principles antithetical to human freedom and dignity including ,communism and authoritarianism4 7#c7 ,the ,people's ,republic of ,china and the ,chinese ,communist ,party seek to undermine free societies around the world and establish an alternative world order rooted in authoritarianism4 7#d7 ,in ,november #bjab1 at the #agth ,,ccp ,congress1 ,general ,secretary ,xi ,jinping first announced his vision for achieving the ,chinese dream of national rejuvenation and military and economic dominance4 7#e7 ,the ,people's ,republic of ,china currently has the world's second-largest economy in terms of nominal ,,gdp 7#ad4ad trillion7 and the largest in terms of purchasing power parity 7,,ppp7 ,,gdp 7#bg4ca trillion74 ,in #bjjj1 the ,people's ,republic of ,china controlled only #d percent of the global economy1 and the ,united ,states controlled #ca percent4 ,today1 the ,people's ,republic of ,china stands at #ae percent and the ,united ,states' share has dropped to #bd percent4 7#f7 ,the growth of the ,people's ,republic of ,china's centrally controlled economy has been fueled largely by tools of economic coercion1 including intellectual property theft and economic espionage of ,u4,s4 companies4 ,in #bjai alone1 one in five ,north ,american-based companies said that ,chinese firms had stolen their intellectual property 7,,ip7 within the last year4 7#g7 ,former ,secretary of ,defense ,mark ,esper has stated that the ,people's ,republic of ,china is perpetrating the greatest intellectual property theft in human history4 7#h7 ,in addition to its economic aggression and military modernization1 the ,people's ,republic of ,china conducts political warfare and disinformation campaigns against the ,united ,states and other democracies4 ,it frequently targets academia1 the media1 business1 and cultural institutions to suppress criticism and promote positive views of the ,,ccp4 7#i7 ,the foremost victims of the ,people's ,republic of ,china and the ,chinese ,communist ,party are the ,chinese people who continue to suffer under communist authoritarian rule4 7#aj7 ,the ,people's ,republic of ,china continues to perpetuate a genocide against the ,uyghur ,muslims in ,xinjiang province1 in addition to brutal crackdowns against the people of ,tibet and ,hong ,kong4 7#aa7 ,the ,,ccp continues to obfuscate the origins of the ,,covid-#ai pandemic which started in ,wuhan1 ,china and has refused to allow an impartial international investigation into the origins of the pandemic4 7#ab7 ,manifestations of expressions of racism1 bigotry1 discrimination1 anti-,asian rhetoric1 and xenophobia against people of ,asian descent are contrary to the values we hold dearest as ,americans1 counterproductive to countering the ,,ccp's malign influence1 and denounced by the ,congress of the ,united ,states4 #c4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 the amendments made by this ,act1 and the application of such provision and amendments to other persons or circumstances1 shall not be affected4 ,i ,matters ,relating to ,countering ,china's ,malign ,influence #aja4 ,imposition of sanctions with respect to foreign persons that knowingly spread malign disinformation as part of or on behalf of a foreign government or political party for purposes of political warfare 7a7 ,imposition of sanctions ,the ,president shall impose the sanctions described in subsection 7b7 with respect to any foreign person that the ,president determines knowingly commits a significant act of malign disinformation on behalf of the government of a foreign country or foreign political party that has the direct purpose or effect of influencing political1 diplomatic1 or educational activities in the ,united ,states for the purpose of harming-- 7#a7 the national security or defense of the ,united ,states2 or 7#b7 the safety and security of any ,united ,states citizen or alien lawfully admitted for permanent residence4 7b7 ,sanctions described 7#a7 ,in general ,the sanctions described in this subsection with respect to a foreign person determined by the ,president to be subject to subsection 7a7 are the following3 7,a7 ,asset blocking ,the ,president shall exercise of all powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7,b7 ,inadmissibility of certain individuals 7i7 ,ineligibility for visas1 admission1 or parole ,in the case of a foreign person who is an individual1 the foreign person is-- 7,i7 inadmissible to the ,united ,states2 7,,ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7,,iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7ii7 ,current visas revoked 7,i7 ,in general ,in the case of a foreign person who is an individual1 the visa or other documentation issued to the person shall be revoked1 regardless of when such visa or other documentation is or was issued4 7,,ii7 ,effect of revocation ,a revocation under subclause 7,i7 shall-- 7aa7 take effect immediately2 and 7bb7 automatically cancel any other valid visa or entry documentation that is in the person's possession4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of any regulation1 license1 or order issued to carry out paragraph 7#a77;,a7 shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7#c7 ,exception to comply with united nations headquarters agreement ,sanctions under paragraph 7#a77;,b7 shall not apply to a foreign person who is an individual if admitting the person into the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7c7 ,waiver ,the ,president may1 for one period not to exceed one year1 waive the application of sanctions imposed with respect to a foreign person under this section if the ,president certifies to the appropriate congressional committees not later than #ae days before such waiver is to take effect that the waiver is vital to the national security interests of the ,united ,states4 7d7 ,implementation authority ,the ,president may exercise all authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 for purposes of carrying out this section4 7e7 ,regulatory authority 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall promulgate such regulations as are necessary for the implementation of this section4 7#b7 ,notification to congress ,not less than #aj days before the promulgation of regulations under paragraph 7#a71 the ,president shall notify and provide to the appropriate congressional committees the proposed regulations and an identification of the provisions of this section that the regulations are implementing4 7f7 ,definitions ,in this section3 7#a7 ,admitted2 alien ,the terms admitted and alien have the meanings given those terms in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs1 the ,committee on the ,judiciary1 the ,committee on ,ways and ,means1 and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations1 the ,committee on the ,judiciary1 the ,committee on ,finance1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#c7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#d7 ,knowingly ,the term knowingly1 with respect to conduct1 a circumstance1 or a result1 means that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#e7 ,person ,the term person means an individual or entity4 7#f7 ,property2 interest in property ,the terms property and interest in property have the meanings given the terms property and property interest1 respectively1 in section #egf4cab of title #ca1 ,code of ,federal ,regulations1 as in effect on the day before the date of the enactment of this ,act4 7#g7 ,united states person ,the term ,united ,states person means-- 7,a7 an individual who is a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 7g7 ,sunset 7#a7 ,in general ,this section shall cease to be effective beginning on ,january #a1 #bjbe4 7#b7 ,inapplicability ,paragraph 7#a7 shall not apply with respect to sanctions imposed with respect to a foreign person under this section before ,january #a1 #bjbe4 #ajb4 ,determination with respect to the imposition of sanctions on the ,united ,front ,work ,department of the ,chinese ,communist ,party 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a determination1 including a detailed justification1 on whether the ,united ,front ,work ,department of the ,chinese ,communist ,party1 or any component or official thereof1 meets the criteria for the application of sanctions pursuant to-- 7#a7 section #aja of this ,act2 7#b7 section #abfc of the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note72 7#c7 section #f of the ,uyghur ,human ,rights ,policy ,act of #bjbj 7,public ,law #aaf-ade2 #bb ,u4,s4,c4 #fija note72 or 7#d7 ,executive ,order #acfid 7#ej ,u4,s4,c4 #agja note2 relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities74 7b7 ,form ,the determination required by subsection 7a7 shall be submitted in unclassified form but may contain a classified annex4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,affairs1 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,financial ,services1 and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#b7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,relations1 the ,select ,committee on ,intelligence1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on the ,judiciary of the ,senate4 #ajc4 ,authorities to regulate or prohibit mobile applications and software programs that engage in theft or unauthorized transmission of user data on behalf of a communist country1 foreign adversary1 or state sponsor of terrorism ,section #bjc of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 7#a7 ,notwithstanding subsection 7b71 the authority granted to the ,president by this section includes the authority to regulate or prohibit transactions with a mobile application or software program that-- 7,a7 engages in the theft or unauthorized transmission of a user's data2 and 7,b7 provides to a covered country or covered foreign political party access to such data4 7#b7 ,in this subsection1 the term covered country means any of the following3 7,a7 ,a communist country4 7,b7 ,a foreign adversary4 7,c7 ,a state sponsor of terrorism4 7#c7 ,in this subsection3 7,a7 ,the term communist country has the meaning given such term in section #fbj7;f77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgj7;f77#a774 7,b7 ,the term covered foreign political party means the ,chinese ,communist ,party 7,,ccp74 7,c7 ,the term foreign adversary has the meaning given such term in ,executive ,order #acibj1 issued on ,may #a1 #bjbj1 entitled ,securing the ,united ,states ,bulk,power ,system1 and including the list of foreign adversaries identified by the ,department of ,energy's ,office of ,electricity pursuant to such ,executive ,order on ,july #g1 #bjbj1 as in effect on ,january #ai1 #bjba4 7,d7 ,the term state sponsor of terrorism means a country the government of which the ,secretary of ,state determines has repeatedly provided support for international terrorism pursuant to-- 7i7 section #aged7;c77#a77;,a7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c77#a77;,a772 7ii7 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga72 7iii7 section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj72 or 7iv7 any other provision of law4 4 #ajd4 ,imposition of sanctions with respect to mobile applications or software programs that engage in theft or unauthorized transmission of user data 7a7 ,imposition of sanctions ,notwithstanding any other provision of law1 the ,president is authorized to impose the sanctions described in subsection 7b7 with respect to any foreign person that the ,president determines has developed1 maintains1 provides1 owns1 or controls a mobile application or software program that-- 7#a7 engages in the theft or unauthorized transmission of a user's data to servers located in ,china2 and 7#b7 provides to the ,government of the ,people's ,republic of ,china 7,,prc71 the ,chinese ,communist ,party 7,,ccp71 or any person owned by or controlled by the ,,prc or ,,ccp access to such data4 7b7 ,sanctions described 7#a7 ,in general ,the sanctions described in this subsection with respect to a foreign person determined by the ,president to be subject to subsection 7a7 are the following3 7,a7 ,asset blocking ,the ,president shall exercise of all powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7,b7 ,inadmissibility of certain individuals 7i7 ,ineligibility for visas1 admission1 or parole ,in the case of a foreign person who is an individual1 the foreign person is-- 7,i7 inadmissible to the ,united ,states2 7,,ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7,,iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7ii7 ,current visas revoked 7,i7 ,in general ,in the case of a foreign person who is an individual1 the visa or other documentation issued to the person shall be revoked1 regardless of when such visa or other documentation is or was issued4 7,,ii7 ,effect of revocation ,a revocation under subclause 7,i7 shall-- 7aa7 take effect immediately2 and 7bb7 automatically cancel any other valid visa or entry documentation that is in the person's possession4 7#b7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of regulations promulgated under subsection 7e7 to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section #bjf7;a7 of such ,act4 7#c7 ,exception to comply with united nations headquarters agreement ,sanctions under paragraph 7#a77;,b7 shall not apply to a foreign person who is an individual if admitting the person into the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7c7 ,waiver ,the ,president may1 on a case-by-case basis and for periods not to exceed #ahj days1 waive the application of sanctions imposed with respect to a foreign person under this section if the ,president certifies to the appropriate congressional committees not later than #ae days before such waiver is to take effect that the waiver is vital to the national security interests of the ,united ,states4 7d7 ,implementation authority ,the ,president may exercise all authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 for purposes of carrying out this section4 ,the exceptions to the ,president's authority described in section #bjc7;b7 of the ,international ,emergency ,economic ,powers ,act1 as amended by section #a1 shall not apply to the ,president's authority to exercise authorities under this section4 7e7 ,regulatory authority 7#a7 ,in general ,the ,president shall1 not later than #ahj days after the date of the enactment of this ,act1 prescribe regulations as necessary for the implementation of this ,act and the amendments made by this ,act4 7#b7 ,notification to congress ,no later than #aj days before the prescription of regulations under subsection 7#a71 the ,president shall notify the appropriate congressional committees regarding the proposed regulations and the provisions this ,act and the amendments made by this ,act that the regulations are implementing4 7f7 ,definitions ,in this section3 7#a7 ,admitted2 alien ,the terms admitted and alien have the meanings given those terms in section #aja7c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7c774 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs1 the ,committee on the ,judiciary1 the ,committee on ,ways and ,means1 and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#c7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 #aje4 ,determination with respect to the imposition of sanctions on ,we,chat and ,tik,tok 7a7 ,determination ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a determination1 including a detailed justification1 regarding whether ,we,chat and ,tik,tok1 or any component thereof1 or any entity owned or controlled by ,we,chat1 satisfies the criteria for the application of sanctions pursuant to-- 7#a7 section #aje of this ,act2 or 7#b7 ,executive ,order #acfid 7#ej ,u4,s4,c4 #agja note2 relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities74 7b7 ,form ,the determination required by subsection 7a7 shall be submitted in unclassified form but may contain a classified annex4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,affairs1 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,financial ,services1 and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#b7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,relations1 the ,select ,committee on ,intelligence1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on the ,judiciary of the ,senate4 #ajf4 ,prohibiting lobbying contacts by former ,members of ,congress on behalf of communist countries 7a7 ,prohibition ,the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq47 is amended by inserting after section #e the following new section3 #e;,a4 ,prohibiting lobbying contacts by former ,members of ,congress on behalf of communist countries 7a7 ,prohibition ,notwithstanding any other provision of this section1 a former ,member of ,congress may not make a lobbying contact under this ,act1 or any communication which would be a lobbying contact under this ,act if it were not disclosed under the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa et seq471 on behalf of a client which1 at the time of the lobbying contact or communication1 is a ,communist country or an entity owned or controlled by a ,communist country4 7b7 ,penalty ,in addition to any other penalty #bj under this ,act1 any person who violates subsection 7a7 shall be subject to a fine of not more than #be1jjj for #bb each such violation4 7c7 ,definition ,in this section1 a ,communist country means a country which is treated as a ,communist country under section #fbj7;f7 of the ,foreign ,assistance #bf ,act of #aifa 7#bb ,u4,s4,c4 #bcgj7;f774 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to lobbying contacts under the ,lobbying ,disclosure ,act of #aiie which are made on or after the date of the enactment of this ,act4 #ajg4 ,annual disclosure of contributions from foreign governments and political parties by certain tax-exempt organizations 7a7 ,reporting requirement ,section #fjcc7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of paragraph 7#ae71 by redesignating paragraph 7#af7 as paragraph 7#ag7 and by inserting after paragraph 7#ae7 the following new paragraph3 7#af7 with respect to each government of a foreign country 7within the meaning of section #a7;e7 of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa7;e777 and each foreign political party 7within the meaning of section #a7;f7 of such ,act 7#bb ,u4,s4,c4 #faa7;f77 which made aggregate contributions and gifts to the organization during the year in excess of #ej1jjj1 the name of such government or political party and such aggregate amount1 and 4 7b7 ,public disclosure ,section #fajd of such ,code is amended by adding at the end the following new subsection3 7e7 ,public disclosure of certain information ,the ,secretary shall make publicly available in a searchable database the following information3 7#a7 ,the information furnished under section #fjcc7;b77#af7 of the ,internal ,revenue ,code of #aihf1 as amended by this section4 7#b7 ,the name of the organization furnishing the information described in paragraph 7#a74 7#c7 ,the aggregate amount reported under such section as having been received as contributions or gifts in each year from the ,people's ,republic of ,china and 7stated separately7 from the ,chinese ,communist ,party4 4 7c7 ,effective date ,the amendments made by this section shall apply to returns filed for taxable years beginning after the date of the enactment of this ,act4 #ajh4 ,position of sanctions with respect to senior officials of the ,chinese ,communist ,party 7a7 ,imposition of sanctions ,notwithstanding any other provision of law1 the ,president is authorized to impose the sanctions described in subsection 7b7 with respect to any foreign person the ,president determines-- 7#a7 is a senior official of the ,,ccp1 including a member of the ,,ccp ,politburo2 and 7#b7 has engaged in or provided support to or for-- 7,a7 a malign disinformation campaign or political warfare operation against the ,united ,states2 7,b7 the theft of intellectual property of a ,united ,states person2 7,c7 threats or actions undermining the sovereignty of ,taiwan2 and 7,d7 the forced closure or destruction of churches1 mosques1 ,buddhist temples or any other place of worship in ,china1 or religious practice of ,christians1 ,muslims1 ,buddhists or any other religious group in ,china4 7b7 ,sanctions described 7#a7 ,in ,general ,the sanctions described in this subsection with respect to a foreign person determined by the ,president to be subject to subsection 7a7 are the following3 7,a7 ,asset blocking ,the ,president shall exercise of all powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7,b7 ,inadmissibility of certain individuals 7i7 ,ineligibility for visas1 admission1 or parole ,such a foreign person is-- 7,i7 inadmissible to the ,united ,states2 7,,ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7,,iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7ii7 ,current visas revoked 7,i7 ,in general ,the visa or other documentation issued to such a foreign person shall be revoked1 regardless of when such visa or other documentation is or was issued4 7,,ii7 ,effect of revocation ,a revocation under subclause 7,i7 shall-- 7aa7 take effect immediately2 and 7bb7 automatically cancel any other valid visa or entry documentation that is in the person's possession4 7#b7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej #bd ,u4,s4,c4 #agje7 shall apply to a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of regulations promulgated under subsection 7f7 to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section #bjf7;a7 of that ,act4 7#c7 ,exception to comply with united nations headquarters agreement ,sanctions under paragraph 7#a77;,b7 shall not apply to a foreign person who is an individual if admitting the person into the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7c7 ,waiver ,the ,president may1 on a case-by-case basis and for one period not to exceed one year1 waive the application of sanctions imposed with respect to a foreign person under this section if the ,president certifies to the appropriate congressional committees not later than #ae days before such waiver is to take effect that such waiver is vital to the national security interests of the ,united ,states4 7d7 ,termination of sanctions ,the ,president may terminate the application of sanctions under this section if the ,president determines and reports to the appropriate congressional committees not later than #ae days before the termination takes effect that the ,president has determined that the foreign person no longer is involved in any of the activities described in subsection 7a74 7e7 ,implementation authority ,the ,president may exercise all authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 for purposes of carrying out this section4 7f7 ,regulatory authority 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall promulgate regulations as necessary for the implementation of this section4 7#b7 ,notification to congress ,not later than #aj days before the promulgation of regulations under paragraph 7#a71 the ,president shall notify and provide to the appropriate congressional committees the proposed regulations and the provisions of this section that such regulations are implementing4 7g7 ,sunset 7#a7 ,in general ,this section shall terminate on ,january #a1 #bjbe4 7#b7 ,inapplicability ,paragraph 7#a7 shall not apply with respect to sanctions imposed with respect to a foreign person under this section before ,january #a1 #bjbe4 7h7 ,definitions ,in this section3 7#a7 ,admitted ,the term admitted has the meaning given such term in section #aja7c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7c774 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs1 the ,committee on the ,judiciary1 the ,committee on ,ways and ,means1 and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#c7 ,foreign person ,the term foreign person means a person that is not a national or citizen of the ,united ,states or lawfully admitted for permanent residence in the ,united ,states4 #aji4 ,determination with respect to the imposition of sanctions on members of the ,,ccp ,politburo 7a7 ,determination ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury1 shall submit to the appropriate congressional committees a determination1 including a detailed justification1 regarding whether any member of the ,chinese ,communist ,party 7,,ccp7 ,politburo satisfies the criteria for the application of sanctions pursuant to any of the following3 7#a7 ,section #ajh of this ,act4 7#b7 ,executive ,order #acfid 7#ej ,u4,s4,c4 #agja note2 relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities74 7#c7 ,the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #bfef note74 7#d7 ,the ,uyghur ,human ,rights and ,policy ,act of #bjbj 7,public ,law #aaf-ade74 7#e7 ,the ,hong ,kong ,human ,rights and ,democracy ,act of #bjai 7,public ,law #aaf-gf74 7b7 ,form ,the determination required by subsection 7a7 shall be submitted in unclassified form but may contain a classified annex4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#b7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on the ,judiciary of the ,senate4 #aaj4 ,mandatory application of sanctions 7a7 ,in general ,no later than #ahj days after the date of the enactment of this ,act1 the ,president shall impose the sanctions described in section #ajh with respect to each individual specified in subsection 7b74 7b7 ,individuals and organizations described ,the individuals specified in this subsection are the following3 7#a7 ,wu ,yingjie4 7#b7 ,wang ,yang4 7#c7 ,han ,zheng4 7#d7 ,xia ,baolong4 #aaa4 ,continuation in effect of certain export controls 7a7 ,huawei ,technologies ,co4 ,ltd ,the ,secretary of ,commerce may not remove ,huawei ,technologies ,co4 ,ltd41 or its subsidiaries and affiliates1 from the entity list or modify any of the licensing policies pursuant to its designation on the entity list1 including the foreign direct product rule1 unless the ,secretary1 with the concurrence of the ,end-,user ,review ,committee by a unanimous vote of such ,committee1 certifies to the appropriate congressional committees that ,huawei ,technologies ,co4 ,ltd41 and its subsidiaries and affiliates-- 7#a7 have not engaged in activities that are contrary to ,united ,states national security or foreign policy interests and are unlikely to engage in such activities in the future2 and 7#b7 are not owned1 controlled1 or influenced by the ,communist ,party of ,china4 7b7 ,honor ,device ,co4 ,ltd ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,commerce-- 7#a7 shall designate ,honor ,device ,co4 ,ltd4 for inclusion on the entity list2 and 7#b7 shall publish a notification with respect to such designation in the ,federal ,register4 7c7 ,report 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 and on a monthly basis thereafter1 the ,secretary of ,commerce shall submit to the appropriate congressional committees a report that-- 7,a7 identifies and describes all license applications received by the ,department of ,commerce to export1 reexport1 or transfer 7in-country7 items subject to the ,export ,administration ,regulations to-- 7i7 ,huawei ,technologies ,co4 ,ltd41 or its subsidiaries and affiliates2 or 7ii7 ,honor ,device ,co4 ,ltd2 and 7,b7 identifies whether such license applications were approved or denied4 7#b7 ,form ,the report required by subsection 7a7 shall be submitted in unclassified form1 but may contain a classified annex4 7d7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#b7 ,end-user review committee ,the term ,end-,user ,review ,committee means the ,end-,user ,review ,committee described in ,supplement ,no4 #i to part #gdh of the ,export ,administration ,regulations4 7#c7 ,entity list ,the term entity list means the list maintained by the ,bureau of ,industry and ,security and set forth in ,supplement ,no4 #d to part #gdd of the ,export ,administration ,regulations4 7#d7 ,export administration regulations ,the term ,export ,administration ,regulations means subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations4 #aab4 ,exclusion of ,government of the ,people's ,republic of ,china from certain cultural exchanges ,subsection 7a7 of section #ajh;,a of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdeh;a7a77 is amended by adding at the end the following new paragraph3 7#c7 ,for purposes of this section1 the term foreign government does not include the ,government of the ,people's ,republic of ,china4 4 #aac4 ,prohibition on any ,,tsp fund investing in entities based in the ,people's ,republic of ,china 7a7 ,in general ,section #hdch of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,notwithstanding any other provision of this section1 no fund established or overseen by the ,board may include an investment in any security of-- 7#a7 an entity based in the ,people's ,republic of ,china2 or 7#b7 any subsidiary that is owned or operated by an entity described in paragraph 7#a74 4 7b7 ,divestiture of assets ,not later than #cj days after the date of enactment of this ,act1 the ,federal ,retirement ,thrift ,investment ,board established under section #hdgb7;a7 of title #e1 ,united ,states ,code1 shall-- 7#a7 review whether any sums in the ,thrift ,savings ,fund are invested in violation of subsection 7i7 of section #hdch of that title1 as added by subsection 7a7 of this section2 7#b7 if any sums are invested in the manner described in paragraph 7#a71 divest those sums in a manner that is consistent with the legal and fiduciary duties provided under chapter #hd of that title1 or any other applicable provision of law2 and 7#c7 reinvest any sums divested under paragraph 7#b7 in investments that do not violate subsection 7i7 of section #hdch of that title1 as added by subsection 7a7 of this section4 7c7 ,prohibition on investment of ,,tsp funds in entities based in the ,people's ,republic of ,china through the ,,tsp mutual fund window ,section #hdch7;b77#e7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,a mutual fund accessible through a mutual fund window authorized under this paragraph may not include an investment in any security of-- 7i7 an entity based in the ,people's ,republic of ,china2 or 7ii7 any subsidiary that is owned or operated by an entity described in clause 7i74 4 #aad4 ,enactment of ,executive order 7a7 ,in general ,the provisions of ,executive ,order #acibj 7#he ,fed4 ,reg4 #bfeie2 relating to securing the ,united ,states bulk-power system 7,may #a1 #bjbj77 7as in effect on ,may #a1 #bjbj7 are enacted into law4 7b7 ,publication ,in publishing this ,act in slip form and in the ,united ,states ,statutes at ,large pursuant to section #aab of title #a1 ,united ,states ,code1 the ,archivist of the ,united ,states shall include after the date of approval at the end an appendix setting forth the text of the ,executive order referred to in subsection 7a7 7as in effect on ,may #a1 #bjbj74 #aae4 ,review by ,committee on ,foreign ,investment in the ,united ,states of greenfield investments by ,people's ,republic of ,china 7a7 ,inclusion in definition of covered transaction ,section #gba7;a77#d7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7;a77#d77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i71 by striking 2 and and inserting a semicolon2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iii7 any transaction described in subparagraph 7,b77vi7 proposed or pending on or after the date of the enactment of the ,countering ,communist ,china ,act4 2 and 7#b7 in subparagraph 7,b71 by adding at the end the following3 7vi7 ,an investment by a foreign person that-- 7,i7 involves-- 7aa7 the completed or planned purchase or lease by1 or a concession to1 the foreign person of private or public real estate in the ,united ,states2 and 7bb7 the establishment of a ,united ,states business to operate a factory or other facility on that real estate2 and 7,,ii7 could result in control1 including through formal or informal arrangements to act in concert1 of that ,united ,states business by-- 7aa7 the ,government of the ,people's ,republic of ,china2 7bb7 a person owned or controlled by1 or acting on behalf of1 that ,government2 7cc7 an entity in which that ,government has1 directly or indirectly1 including through formal or informal arrangements to act in concert1 a #e percent or greater interest2 7dd7 an entity in which that ,government has1 directly or indirectly1 the right or power to appoint1 or approve the appointment of1 any members of the board of directors1 board of supervisors1 or an equivalent governing body 7including external directors and other individuals who perform the duties usually associated with such titles7 or officers 7including the president1 senior vice president1 executive vice president1 and other individuals who perform duties normally associated with such titles7 of any other entity that held1 directly or indirectly1 including through formal or informal arrangements to act in concert1 a #e percent or greater interest in the entity in the preceding #c years2 or 7ee7 an entity in which any members or officers described in item 7dd7 of any other entity holding1 directly or indirectly1 including through formal or informal arrangements to act in concert1 a #e percent or greater interest in the entity are members of the ,chinese ,communist ,party or have been members of the ,chinese ,communist ,party in the preceding #c years4 4 7b7 ,definition of ,government of ,people's ,republic of ,china ,section #gba7;a7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7;a77 is amended-- 7#a7 by redesignating paragraphs 7#h7 through 7#ac7 as paragraphs 7#i7 through 7#ad71 respectively2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#g7 ,government of people's republic of china ,the term ,government of the ,people's ,republic of ,china includes the national and subnational governments within the ,people's ,republic of ,china1 including any departments1 agencies1 or instrumentalities of such governments4 4 7c7 ,mandatory filing of declarations ,section #gba7;b77#a77;,c77v77,,iv77bb7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7;b77#a77;,c77v77,,iv77bb77 is amended by adding at the end the following3 7,,dd7 ,greenfield investments by people's republic of china ,the parties to a covered transaction described in subsection 7a77#d77;,b77vi7 shall submit a declaration described in subclause 7,i7 with respect to the transaction4 4 #aaf4 ,modification of authorities to regulate or prohibit the importation or exportation of information or informational materials containing sensitive personal data under the ,international ,emergency ,economic ,powers ,act 7a7 ,in general ,section #bjc of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking to regulate or prohibit1 directly or indirectly and inserting to directly regulate or prohibit2 and 7,b7 in the first sentence of paragraph 7#c7-- 7i7 by striking but not limited to12 and 7ii7 by inserting 1 but excluding sensitive personal data2 and 7#b7 by adding at the end the following3 7d7 ,sensitive personal data defined ,in subsection 7b77#c71 the term sensitive personal data means any of the following3 7#a7 ,personally identifiable information1 including the following3 7,a7 ,financial data that could be used to analyze or determine an individual's financial distress or hardship4 7,b7 ,the set of data in a consumer report1 as defined under section #fjc of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;a71 unless such data is obtained from a consumer reporting agency for one or more purposes identified in subsection 7a7 of such section4 7,c7 ,the set of data in an application for health insurance1 long-term care insurance1 professional liability insurance1 mortgage insurance1 or life insurance4 7,d7 ,data relating to the physical1 mental1 or psychological health condition of an individual4 7,e7 ,non-public electronic communications1 including email1 messaging1 or chat communications1 between or among users of a ,united ,states business's products or services if a primary purpose of such product or service is to facilitate third-party user communications4 7,f7 ,geolocation data collected using positioning systems1 cell phone towers1 or ,wi,fi access points such as via a mobile application1 vehicle ,,gps1 other onboard mapping tool1 or wearable electronic device4 7,g7 ,biometric enrollment data including facial1 voice1 retina_/iris1 and palm_/fingerprint templates4 7,h7 ,data stored and processed for generating a ,federal1 ,state1 tribal1 territorial1 or other government identification card4 7,i7 ,data concerning ,united ,states ,government personnel security clearance status4 7,j7 ,the set of data in an application for a ,united ,states ,government personnel security clearance or an application for employment in a position of public trust4 7#b7 ,genetic information1 which includes the results of an individual's genetic tests1 including any related genetic sequencing data1 whenever such results1 in isolation or in combination with previously released or publicly available data1 constitute identifiable data4 ,such results shall not include data derived from databases maintained by the ,united ,states ,government and routinely provided to private parties for purposes of research4 ,for purposes of this paragraph1 the term genetic test has the meaning provided in section #bgia7;d77#ag7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia7;d77#ag774 4 7b7 ,effective date ,the amendments made by this section-- 7#a7 take effect on the date of the enactment of this ,act2 and 7#b7 apply with respect to any exercise of the authority granted to the ,president under section #bjc of the ,international ,emergency ,economic ,powers ,act on or after such date of enactment4 #aag4 ,prohibiting the purchase of agricultural land located in the ,united ,states ,the ,secretary of ,agriculture shall take such actions as may be necessary to prohibit the purchase of agricultural land located in the ,united ,states by companies owned1 in full or in part1 by the ,people's ,republic of ,china4 ,beginning on the date of the enactment of this ,act1 agricultural land owned by the ,people's ,republic of ,china or companies owned1 in full or in part1 by the ,people's ,republic of ,china shall not be eligible for participation in programs administered by the ,secretary of ,agriculture4 ,,ii ,matters ,relating to ,china's ,role in ,,covid-#ai #bja4 ,declassification of information related to the origin of ,,covid-#ai ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall-- 7#a7 declassify any and all information relating to potential links between the ,wuhan ,institute of ,virology and the origin of the ,coronavirus ,disease #bjai 7,,covid-#ai71 including-- 7,a7 activities performed by the ,wuhan ,institute of ,virology with or on behalf of the ,people's ,liberation ,army2 7,b7 coronavirus research or other related activities performed at the ,wuhan ,institute of ,virology prior to the outbreak of ,,covid-#ai2 and 7,c7 researchers at the ,wuhan ,institute of ,virology who fell ill in autumn #bjai1 including for any such researcher-- 7i7 the researcher's name2 7ii7 the researcher's symptoms2 7iii7 the date of the onset of the researcher's symptoms2 7iv7 the researcher's role at the ,wuhan ,institute of ,virology2 7v7 whether the researcher was involved with or exposed to coronavirus research at the ,wuhan ,institute of ,virology2 7vi7 whether the researcher visited a hospital while they were ill2 and 7vii7 a description of any other actions taken by the researcher that may suggest they were experiencing a serious illness at the time2 and 7#b7 submit to ,congress an unclassified report that contains-- 7,a7 all of the information described under paragraph 7#a72 and 7,b7 only such redactions as the ,director determines necessary to protect sources and methods4 #bjb4 ,amendment to ,department of ,state rewards program ,subsection 7b7 of section #cf of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bgjh7 is amended-- 7#a7 in paragraph 7#ab71 by striking or after the semicolon at the end2 7#b7 in paragraph 7#ac71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new paragraph4 7#ad7 the identification of credible information regarding the origins of ,,covid-#ai1 or any person or entity involved in the coverup of the origins of ,,covid-#ai1 or the identification of any person or entity that provides nonpublic information related to gain of function research connected to ,chinese laboratories1 including the ,wuhan ,institute of ,virology1 with relation to coronaviruses that has been covered up by the ,government of ,china and the ,chinese ,communist ,party4 4 #bjc4 ,executive strategy to seek reimbursement from ,china of funds made available by the ,united ,states ,government to address ,,covid-#ai 7a7 ,executive strategy ,the ,president1 in consultation with the ,secretary of the ,treasury1 and the ,secretary of ,state1 shall develop and carry out a strategy to seek reimbursement from the ,people's ,republic of ,china of funds made available by the ,united ,states ,government to address ,,covid-#ai4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,president shall submit to the appropriate congressional committees a report on the strategy required under subsection 7a7 and its implementation4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,appropriations1 the ,committee on the ,budget1 and the ,committee on ,ways and ,means of the ,house of ,representatives2 7#b7 the ,committee on ,appropriations1 the ,committee on the ,budget1 and the ,committee on ,finance of the ,senate2 and 7#c7 the ,joint ,economic ,committee4 #bjd4 ,prohibition on use of funds to seek membership in the ,world ,health ,organization or to provide assessed or voluntary contributions to the ,world ,health ,organization 7a7 ,in general ,notwithstanding any other provision of law1 no funds available to any ,federal department or agency may be used to seek membership by the ,united ,states in the ,world ,health ,organization or to provide assessed or voluntary contributions to the ,world ,health ,organization until such time as the ,president certifies to ,congress that the ,world ,health ,organization meets the conditions described in subsection 7b74 7b7 ,conditions described ,the conditions described in this subsection are the following3 7#a7 ,the ,world ,health ,organization has adopted meaningful reforms to ensure that humanitarian assistance is not politicized and is to be provided to those with the most need4 7#b7 ,the ,world ,health ,organization is not under the control or significant malign influence of the ,chinese ,communist ,party4 7#c7 ,the ,world ,health ,organization is not involved in a coverup of the ,chinese ,communist ,party's response to the ,,covid-#ai pandemic4 7#d7 ,the ,world ,health ,organization grants observer status to ,taiwan4 7#e7 ,the ,world ,health ,organization does not divert humanitarian or medical supplies to ,iran1 ,north ,korea1 or ,syria4 7#f7 ,the ,world ,health ,organization has put in place mechanisms to increase transparency and accountability in its operations and eliminate waste1 fraud1 and abuse4 #bje4 ,establishment of a joint select committee on the events and activities surrounding ,china's handling of the #bjai novel coronavirus ,there is hereby established in the ,senate and the ,house of ,representatives a joint select committee to be known as the ,joint ,select ,committee on the ,events and ,activities ,surrounding ,china's ,handling of the #bjai ,novel ,coronavirus 7hereafter referred to as the ,joint ,select ,committee74 #bjf4 ,membership 7a7 ,selection and appointment 7#a7 ,in general ,the ,joint ,select ,committee shall be composed of #bj ,members of the ,house of ,representatives and ,senate1 of whom-- 7,a7 #aj shall be ,members of the ,house of ,representatives1 of whom #e shall be appointed by the ,speaker of the ,house of ,representatives and #e shall be appointed by the minority leader of the ,house of ,representatives2 and 7,b7 #aj shall be ,senators1 of whom #e shall be appointed by the majority leader of the ,senate and #e shall be appointed by the minority leader of the ,senate4 7#b7 ,treatment of delegate and resident commissioner ,for purposes of this section1 a ,member of the ,house of ,representatives includes a ,delegate or ,resident ,commissioner to the ,congress4 7b7 ,co-,chairs ,two of the members of the ,joint ,select ,committee shall serve as co-chairs of the ,joint ,select ,committee1 and shall be appointed as follows3 7#a7 ,one shall be a ,member of the ,house of ,representatives1 who shall be appointed as co-chair by the ,speaker of the ,house of ,representatives in consultation with the majority leader of the ,senate4 7#b7 ,one shall be a ,senator1 who shall be appointed as co-chair by the minority leader of the ,senate in consultation with the minority leader of the ,house of ,representatives4 7c7 ,vacancies ,a vacancy in the membership of the ,joint ,select ,committee 7including a vacancy resulting because a member ceases to be a ,member of the ,house of ,representatives or a ,senator7 shall not affect its powers1 and shall be filled not later than #ad calendar days after the date on which the vacancy occurs in the same manner as the original appointment was made4 7d7 ,deadlines ,members of the ,joint ,select ,committee and the co-chairs of the ,joint ,select ,committee shall be appointed not later than #ad calendar days after the date of the adoption of this concurrent resolution4 #bjg4 ,investigation and report on the events surrounding ,china's handling of the #bjai novel coronavirus 7a7 ,investigation and report ,the ,joint ,select ,committee is authorized and directed to conduct a full and complete investigation of1 and to issue a final report to the ,house of ,representatives and ,senate regarding1 the following3 7#a7 ,the origins and causes of the #bjai novel coronavirus4 7#b7 ,all policies1 decisions1 and activities by ,china regarding the origins and causes of such coronavirus4 7#c7 ,all policies1 decisions1 and activities by ,china in response to the initial outbreak and spread of such coronavirus4 7#d7 ,all policies1 decisions1 and activities by ,china to suppress facts and information regarding the spread1 origins1 causes1 and transmission of such coronavirus1 including efforts to silence those making early warnings1 punish whistleblowers1 and restrict freedom of information about such coronavirus4 7#e7 ,all policies1 decisions1 and activities by ,china to spread misinformation regarding the origins and causes of such coronavirus1 including accusations and misinformation that the coronavirus was brought to the city of ,wuhan by the ,united ,states military4 7#f7 ,all policies1 decisions1 and activities by ,china to sideline1 deny1 and suppress charitable service organizations1 institutions of civil society1 secular and faith-based non-governmental organizations1 international humanitarian organizations1 and foreign governments offering to provide information1 expertise1 resources1 and assistance to ,china and the ,chinese people to combat such coronavirus4 7#g7 ,accountability for policies1 decisions and activities related to influencing the ,world ,health ,organization's response to the outbreak of such coronavirus1 including individuals and entities responsible for those policies1 decisions1 and activities4 7#h7 ,all policies1 decisions1 and activities by ,china to manufacture1 produce1 procure1 possess1 or hoard personal protective equipment and critical pharmaceutical components to manipulate or weaponize the supply chain against the international community1 including the ,united ,states4 7#i7 ,vulnerabilities in the ,united ,states domestic and global supply chain to combat a global pandemic due to reliance on ,chinese manufacturing and recommendations for decreasing dependence on ,chinese manufacturing by improving and securing a domestic supply chain for antibiotics1 viral drugs1 critical pharmaceutical components1 masks1 and other personal protective equipment4 7#aj7 ,information related to lessons learned from ,china's handling of such coronavirus4 7#aa7 ,any other relevant issues relating to ,china's actions that led to further spread of such coronavirus1 ,china's response to such coronavirus1 or the investigation by the ,joint ,select ,committee into ,china regarding such coronavirus4 7#ab7 ,any recommendations to ,congress and the executive branch regarding actions the ,united ,states government should take in response to ,china's handling of such coronavirus4 7b7 ,transfer of records ,at the request of the co-chairs of the ,joint ,select ,committee1 any standing committee of the ,senate or ,house of ,representatives having custody of records in any form relating to the matters described in subsection 7a7 shall transfer such records to the ,joint ,select ,committee4 7c7 ,interim reports ,in addition to the final report issued under subsection 7a71 the ,joint ,select ,committee may issue such interim reports as it considers necessary4 7d7 ,classified annex ,the ,joint ,select ,committee may include a classified annex in any report issued under this section4 7e7 ,definitions 7#a7 ,china ,in this section1 the term ,china means the ,government of the ,people's ,republic of ,china and any of the following3 7,a7 ,an official of the ,chinese ,communist ,party4 7,b7 ,an official of the ,government of the ,people's ,republic of ,china4 7,c7 ,an agent or instrumentality of the ,government of the ,people's ,republic of ,china4 7,d7 ,any other person owned or controlled by or acting on behalf of any person described in subparagraphs 7,a7 through 7,c74 7#b7 #bjai novel coronavirus ,in this subsection1 the term #bjai novel coronavirus means the coronavirus disease 7,,covid-#ai7 and severe acute respiratory syndrome coronavirus #b 7,,sars-,co,v-#b74 #bjh4 ,powers 7a7 ,hearings and other activities ,for the purpose of carrying out its duties1 the ,joint ,select ,committee may hold such hearings and undertake such other activities as the ,joint ,select ,committee determines to be necessary to carry out its duties1 whether the ,congress is in session1 has recessed1 or has adjourned4 7b7 ,authority to use subpoenas ,the ,joint ,select ,committee may require by subpoena the attendance of such witnesses and the production of such books1 papers1 and documents1 as it considers appropriate4 7c7 ,access to legislative branch services ,the ,joint ,select ,committee shall have access to the services of the ,government ,accountability ,office1 the ,congressional ,budget ,office1 and the ,congressional ,research ,service in the same manner and under the same terms and conditions as any standing committee of the ,house of ,representatives or ,senate4 7d7 ,adoption of rules ,not later than #g days after all of its members have been appointed1 the ,joint ,select ,committee shall adopt rules governing its operations1 including rules governing the issuance of subpoenas and rules governing the use of official funds for travel by members and staff1 and shall submit such rules to the ,clerk of the ,house of ,representatives and ,secretary of the ,senate for publication in the ,congressional ,record4 #bji4 ,staff2 funding 7a7 ,staff 7#a7 ,use of existing staff ,to the greatest extent practicable1 the ,joint ,select ,committee shall utilize the services of staff of employing offices of the ,senate and ,house of ,representatives4 7#b7 ,authority to appoint staff 7,a7 ,in general ,each of the co-chairs of the ,joint ,select ,committee may appoint1 prescribe the duties and responsibilities of1 and fix the pay of such staff as the co-chair considers appropriate to assist the ,joint ,select ,committee in carrying out its duties1 so long as the number of staff appointed by one of the co-chairs does not exceed the number of staff appointed by the other co-chair4 7,b7 ,detail of congressional employees ,upon the joint request of the co-chairs1 the head of an employing office of the ,house of ,representatives or ,senate 7including a joint committee of the ,congress7 is authorized to detail1 without reimbursement1 any of the staff of the office to the ,joint ,select ,committee to assist the ,joint ,select ,committee in carrying out its duties4 7#c7 ,experts and consultants ,section #bjb7;i7 of the ,legislative ,reorganization ,act of #aidf 7#b ,u4,s4,c4 #dcja7;i77 shall apply with respect to the ,joint ,select ,committee in the same manner as such section applies with respect to a standing committee of the ,senate1 except that any consultant whose services are procured by the ,joint ,select ,committee shall be selected jointly by the co-chairs of the ,joint ,select ,committee4 7b7 ,funding 7#a7 ,vouchers ,payments for expenses of the ,joint ,select ,committee shall be made using vouchers authorized by the ,joint ,select ,committee1 signed by co-chairs of the ,joint ,select ,committee1 and approved in a manner directed by the ,committee on ,rules and ,administration of the ,senate and the ,committee on ,house ,administration of the ,house of ,representatives4 7#b7 ,source of funds ,there are authorized to be appropriated such sums as may be necessary for the operation of the ,joint ,select ,committee1 of which-- 7,a7 #ej percent shall be derived from the applicable accounts of the ,house of ,representatives2 and 7,b7 #ej percent shall be derived from the contingent fund of the ,senate4 #baj4 ,termination 7a7 ,termination date ,the ,joint ,select ,committee shall terminate #cj days after filing the final report required under section #bjg4 7b7 ,transfer of records ,upon termination of the ,joint ,select ,committee1 the records of the ,joint ,select ,committee shall be transferred to-- 7#a7 such committee or committees of the ,house of ,representatives as may be designated by the ,speaker of the ,house of ,representatives2 and 7#b7 such committee or committees of the ,senate as my be designated by the ,president pro tempore of the ,senate4 #baa4 ,statement of policy ,it shall be the policy of the ,united ,states to impose sanctions against governments of foreign states1 and take other measures if the governments of such foreign states engage in an act or acts of gross negligence with respect to state owned1 operated1 or directed chemical or biological programs4 #bab4 ,amendments to the ,chemical and ,biological ,weapons ,control and ,warfare ,elimination ,act of #aiia 7a7 ,purposes and definitions ,section #ejb of the ,chemical and ,biological ,weapons ,control and ,warfare ,elimination ,act of #aiia 7#bb ,u4,s4,c4 #efja7 is amended-- 7#a7 in the section heading1 by adding at the end before the period the following3 and definitions2 7#b7 by striking ,the purposes and inserting 7a7 ,purposes4--,the purposes2 7#c7 in paragraph 7#a7-- 7,a7 by striking or use and insert use2 and 7,b7 by inserting 1 or engage in an act or acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of the government of a foreign state after nationals2 and 7#d7 by adding at the end the following3 7b7 ,definitions ,in this ,act3 7#a7 ,gross negligence ,the term gross negligence1 with respect to an act or acts of a government of a foreign state1 includes the government knew1 or should have known1 the act or acts would result in injury or damages to another foreign state or other such foreign states4 7#b7 ,foreign state ,the term foreign state-- 7,a7 7i7 has the meaning given that term in subsection 7a7 of section #afjc of title #bh1 ,united ,states ,code2 and 7ii7 includes an agency or instrumentality of a foreign state as that term is defined in subsection 7b7 of such section2 and 7,b7 includes an entity that is-- 7i7 7,i7 directly or indirectly owned1 controlled1 or beneficially owned by1 or in an official or unofficial capacity acting as an agent of or on behalf of1 the government of a foreign state2 or 7,,ii7 received significant material support from the government of a foreign state2 and 7ii7 engaged in providing commercial services1 shipping1 manufacturing1 producing1 or exporting4 4 7b7 ,determinations regarding use of chemical or biological weapons ,section #ejf of the ,chemical and ,biological ,weapons ,control and ,warfare ,elimination ,act of #aiia 7#bb ,u4,s4,c4 #efjd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,additional determination by the president 7,a7 ,when determination required2 nature of determination ,whenever credible information becomes available to the executive branch indicating a substantial possibility that1 on or after ,january #a1 #bjbj1 the government of a foreign country has engaged in an act or acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of the government of a foreign state1 the ,president shall1 within #fj days after the receipt of such information by the executive branch1 determine whether that government1 on or after such date1 has engaged in an act or acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of the government of a foreign state4 ,section #ejg applies if the ,president determines that that government has so engaged in such act or acts of gross negligence4 7,b7 ,matters to be considered ,in making the determination under subparagraph 7,a71 the ,president shall consider the following3 7i7 ,all physical and circumstantial evidence available bearing on the possibility that the government in question engaged in an act or acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of the government of a foreign state4 7ii7 ,whether evidence exists that such program or programs have civilian and military purposes or applications4 7iii7 ,whether the government in question attempted to conceal or otherwise withhold information from other governments or international organizations regarding an act or acts of gross negligence4 7iv7 ,whether1 and to what extent1 the government in question is compliant with its obligations under the ,biological and ,toxin ,weapons ,convention or ,convention on the ,prohibition of the ,development1 ,production1 ,stockpiling and ,use of ,chemical ,weapons and on their ,destruction1 as applicable4 7v7 ,whether1 and to what extent1 the government in question is providing or otherwise voluntarily disclosing substantive information to relevant international organizations4 2 and 7,c7 in paragraph 7#d7 7as redesignated7-- 7i7 in the first sentence1 by inserting or 7#c7 after paragraph 7#a72 7ii7 in the second sentence1 by inserting under paragraph 7#a7 after determination2 and 7iii7 by adding at the end the following3 ,if the determination under paragraph 7#c7 is that a foreign government had engaged in an act or acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of the government of a foreign state1 the report shall specify the sanctions to be imposed pursuant to section #ejg;,a42 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking whether a particular foreign government and inserting the following3 whether-- 7,a7 a particular foreign government 2 7ii7 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7,b7 a particular foreign government1 on or after ,january #a1 #bjbj1 has engaged in an act of acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of the government of a foreign state4 2 and 7,b7 in paragraph 7#b7-- 7i7 in the first sentence-- 7,i7 by striking whether the specified government and inserting the following3 whether-- 7,a7 the specified government 2 7,,ii7 by striking the period at the end and inserting 2 or2 and 7,,iii7 by adding at the end the following3 7,b7 the specified government1 on or after ,january #a1 #bjbj1 has engaged in an act or acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of the government of a foreign state4 2 and 7ii7 in the second sentence-- 7,i7 by inserting or 7#c77;,b71 as applicable after subsection 7a77#b72 and 7,,ii7 by moving the margin of the second sentence so it has the same level of indentation as margin of the matter preceding subparagraph 7,a7 of the first sentence4 7c7 ,sanctions against foreign states with respect to chemical or biological programs ,the ,chemical and ,biological ,weapons ,control and ,warfare ,elimination ,act of #aiia 7#bb ,u4,s4,c4 #efja et seq47 is amended by inserting after section #ejg the following3 #ejg;,a4 ,sanctions against foreign states with respect to chemical or biological programs 7a7 ,initial sanctions 7#a7 ,in general ,if the ,president makes a determination pursuant to section #ejf7;a77#c7 with respect to the government of a foreign state1 the ,president shall1 within #cj days of making such determination1 impose the sanctions described in paragraph 7#b7 with respect to the foreign state4 7#b7 ,sanctions described ,the sanctions described in this paragraph are the following3 7,a7 ,the ,united ,states ,government shall suspend all scientific cooperative programs and efforts with the government of the foreign state4 7,b7 ,the ,president shall prohibit the export to the foreign state of any goods1 services or technology under ,category #a and ,category #b of the ,commerce ,control ,list4 7,c7 ,the ,united ,states ,government may not procure1 or enter into any contract for the procurement of1 any goods or services from any person operating in the chemical or biological sectors of the foreign state4 7b7 ,intermediate application of sanctions 7#a7 ,determination ,not later than #abj days after making a determination pursuant to section #ejf7;a77#c7 with respect to a government of a foreign state1 the ,president shall submit to the appropriate congressional committees a determination as to whether-- 7,a7 such government has adequately addressed an act an act or acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of the government of a foreign state2 7,b7 such government has developed or is developing necessary measures to prevent any future act or acts of gross negligence2 7,c7 such government is providing or otherwise voluntarily disclosing substantive information to the ,united ,states and relevant international organizations2 and 7,d7 such government is compliant with its obligations under the ,biological and ,toxin ,weapons ,convention or the ,convention on the ,prohibition of the ,development1 ,production1 ,stockpiling and ,use of ,chemical ,weapons and on their ,destruction1 as applicable4 7#b7 ,effect of determination ,if the ,president is unable to certify that a government of a foreign state has taken the actions described in subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of paragraph 7#a71 the ,president shall impose #b or more of the sanctions described in paragraph 7#c7 with respect to the government of the foreign state4 7#c7 ,sanctions described ,the sanctions described in this paragraph are the following3 7,a7 ,the ,united ,states ,government shall terminate assistance to the government of the foreign state under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq471 except for urgent humanitarian assistance and food or other agricultural commodities or products4 7,b7 ,no sales of any defense articles1 defense services1 or design and construction services under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 may be made to the government of the foreign state4 7,c7 ,no licenses for export of any item on the ,united ,states ,munitions ,list that include the government of the foreign state as a party to the license may be granted4 7,d7 ,no exports of any goods or technologies controlled for national security reasons under the ,export ,administration ,regulations may be made to the government of the foreign state1 except that such prohibition shall not apply to any transaction subject to the reporting requirements of title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dac et seq42 relating to congressional oversight of intelligence activities74 7,e7 ,the ,president may order the ,united ,states ,government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the government of the foreign state under-- 7i7 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 7ii7 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq472 7iii7 the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 or 7iv7 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 services4 7c7 ,final application of sanctions 7#a7 ,determination ,not later than #baj days after making a determination pursuant to section #ejf7;a77#c7 with respect to a government of a foreign state1 the ,president shall submit to the appropriate congressional committees a determination as to whether the government of the foreign state has taken the actions described in subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of subsection 7b77#a74 7#b7 ,effect of determination ,if the ,president is unable to certify that a government of a foreign state has taken the actions described in subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of subsection 7b77#a71 the ,president shall impose the sanctions described in paragraph 7#c7 with respect to the government of the foreign state4 7#c7 ,sanctions ,the sanctions described in this paragraph are the following3 7,a7 ,the ,president shall1 pursuant to such regulations as the ,president may prescribe1 prohibit any transactions in foreign exchange that are subject to the jurisdiction of the ,united ,states and in which the government of the foreign state has any interest4 7,b7 ,the ,president shall1 pursuant to such regulations as the ,president may prescribe1 prohibit any transfers of credit or payments between one or more financial institutions or by1 through1 or to any financial institution1 to the extent that such transfers or payments are subject to the jurisdiction of the ,united ,states and involve any interest of the government of the foreign state4 7d7 ,removal of sanctions ,the ,president shall remove the sanctions imposed with respect to the government of a foreign state pursuant to this section if the ,president determines and so certifies to the ,congress1 after the end of the #ab-month period beginning on the date on which sanctions were initially imposed on that government of a foreign state pursuant to subsection 7a71 that-- 7#a7 such government has adequately addressed an act an act or acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of the government of a foreign state2 7#b7 such government has developed or is developing necessary measures to prevent any future act or acts of gross negligence2 7#c7 such government is providing or otherwise voluntarily disclosing substantive information to the ,united ,states and relevant international organizations2 7#d7 such government is compliant with its obligations under the ,biological and ,toxin ,weapons ,convention or ,convention on the ,prohibition of the ,development1 ,production1 ,stockpiling and ,use of ,chemical ,weapons and on their ,destruction1 as applicable2 and 7#e7 such government is making restitution to those affected by an act or acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of the government of a foreign state1 including ,united ,states persons4 7e7 ,waiver 7#a7 ,in general ,the ,president may1 for periods not to exceed #ahj days1 waive the imposition of sanctions under this section if the ,president certifies to the appropriate congressional committees that such waiver is vital to the national security interests of the ,united ,states4 7#b7 ,sunset ,the ,president may not exercise the authority described in paragraph 7#a7 beginning on the date that is #d years after the date of enactment of this section4 7f7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7#b7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 4 #bac4 ,determination regarding the ,people's ,republic of ,china 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall determine whether reasonable grounds exist for concluding that the ,government of the ,people's ,republic of ,china meets the criteria for engaging in an act or acts of gross negligence with respect to a chemical or biological program owned1 controlled1 or directed by1 or subject to the jurisdiction of that government under section #ejf7;a77#c7 of the ,chemical and ,biological ,weapons ,control and ,warfare ,elimination ,act of #aiia1 as amended by section #c of this ,act4 7b7 ,report required 7#a7 ,in general ,not later than #cj days after making a determination under subsection 7a71 the ,president shall submit to the appropriate congressional committees a report that includes the reasons for the determination4 7#b7 ,form ,a report required by paragraph 7#a7 shall be submitted in unclassified form but may include a classified annex4 #bad4 ,regulatory authority 7a7 ,in general ,the ,president shall1 not later than #ahj days after the date of the enactment of this ,act1 prescribe regulations as necessary for the implementation of sections #bab and #bac of this ,act and the amendments made by this ,act4 7b7 ,notification to congress ,not later than #aj days before the prescription of regulations under subsection 7a71 the ,president shall notify the appropriate congressional committees regarding the proposed regulations and the provisions of this ,act and the amendments made by this ,act that the regulations are implementing4 #bae4 ,appropriate congressional committees defined ,in this ,act1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7#b7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 #baf4 ,limitation on research by the ,national ,science ,foundation and ,national ,institutes of ,health ,notwithstanding any other provision of law1 none of the activities authorized for the ,national ,science ,foundation and ,national ,institutes of ,health may include1 conduct1 or support any research-- 7#a7 using fetal tissue obtained from an induced abortion or any derivatives thereof1 7#b7 in which a human embryo is created or destroyed1 discarded1 or put at risk of injury1 7#c7 in which an embryo-like entity is created wholly or in part from human cells or components1 7#d7 in which a human embryo is intentionally created or modified to include a heritable genetic modification1 or 7#e7 using any stem cell the derivation of which would be inconsistent with the standards established herein4 #bag4 ,prohibition on certain human-animal chimeras ,part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #ea the following3 #eb ,certain ,types of ,human-,animal ,chimeras ,prohibited ,sec4 #aaca4 ,definitions4 #aacb4 ,prohibition on certain human-animal chimeras4 #aaca4 ,definitions ,in this chapter the following definitions apply3 7#a7 ,prohibited human-animal chimera ,the term prohibited human-animal chimera means-- 7,a7 a human embryo into which a nonhuman cell or cells 7or the component parts thereof7 have been introduced to render the embryo's membership in the species ,homo sapiens uncertain2 7,b7 a human-animal embryo produced by fertilizing a human egg with nonhuman sperm2 7,c7 a human-animal embryo produced by fertilizing a nonhuman egg with human sperm2 7,d7 an embryo produced by introducing a nonhuman nucleus into a human egg2 7,e7 an embryo produced by introducing a human nucleus into a nonhuman egg2 7,f7 an embryo containing at least haploid sets of chromosomes from both a human and a nonhuman life form2 7,g7 a nonhuman life form engineered such that human gametes develop within the body of a nonhuman life form2 7,h7 a nonhuman life form engineered such that it contains a human brain or a brain derived wholly or predominantly from human neural tissues2 7,i7 a nonhuman life form engineered such that it exhibits human facial features or other bodily morphologies to resemble human features2 or 7,j7 an embryo produced by mixing human and nonhuman cells1 such that-- 7i7 human gametes develop within the body of the resultant organism2 7ii7 it contains a human brain or a brain derived wholly or predominantly from human neural tissues2 or 7iii7 it exhibits human facial features or other bodily morphologies to resemble human features4 7#b7 ,human embryo ,the term human embryo means an organism of the species ,homo sapiens during the earliest stages of development1 from #a cell up to #h weeks4 #aacb4 ,prohibition on certain human-animal chimeras 7a7 ,in general ,it shall be unlawful for any person to knowingly1 in or otherwise affecting interstate commerce-- 7#a7 create or attempt to create a prohibited human-animal chimera2 7#b7 transfer or attempt to transfer a human embryo into a nonhuman womb2 7#c7 transfer or attempt to transfer a nonhuman embryo into a human womb2 or 7#d7 transport or receive for any purpose a prohibited human-animal chimera4 7b7 ,penalties 7#a7 ,in general ,whoever violates subsection 7a7 shall be fined under this title1 imprisoned not more than #aj years1 or both4 7#b7 ,civil penalty ,whoever violates subsection 7a7 and derives pecuniary gain from such violation shall be subject to a civil fine of the greater of #a1jjj1jjj and an amount equal to the amount of the gross gain multiplied by #b4 7c7 ,rule of construction ,this section does not prohibit research involving the use of transgenic animal models containing human genes or transplantation of human organs1 tissues1 or cells into recipient animals1 if such activities are not prohibited under subsection 7a74 4 #bah4 ,technical amendment ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #ea the following3 #eb4;,certain ,types of ,human-,animal ,chimeras ,prohibited#aaca 4 ,,iii ,matters ,relating to ,medical and ,national ,security ,supply ,chains #cja4 ,report and recommendation on barriers to domestic manufacturing of medical products 7a7 ,report to congress ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary71 acting through the ,commissioner of ,food and ,drugs1 shall submit to ,congress a report on barriers1 including regulatory inefficiencies1 to domestic manufacturing of active pharmaceutical ingredients1 finished drug products1 and devices that are-- 7#a7 imported from outside of the ,united ,states2 and 7#b7 critical to the public health during a public health emergency declared by the ,secretary under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 7b7 ,content ,such report shall-- 7#a7 identify factors that limit the manufacturing of active pharmaceutical ingredients1 finished drug products1 and devices described in subsection 7a72 and 7#b7 recommend specific strategies to overcome the challenges identified under paragraph 7#a74 7c7 ,implementation ,the ,secretary may1 to the extent appropriate1 implement the strategies recommended under subsection 7b77#b74 7d7 ,definition ,in this section1 the term active pharmaceutical ingredient has the meaning given to such term in section #gdd;,a of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#da74 #cjb4 ,tax incentives for relocating manufacturing of pharmaceuticals and medical supplies and devices to the ,united ,states 7a7 ,accelerated depreciation for nonresidential real property ,section #afh of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7n7 ,accelerated ,depreciation for ,nonresidential ,real ,property ,acquired in ,connection ,with the ,relocation of ,manufacturing of ,pharmaceuticals and ,medical ,supplies and ,devices to the ,united ,states 7#a7 ,treatment as #bj-year property ,for purposes of this section1 qualified nonresidential real property shall be treated as #bj-year property4 7#b7 ,application of bonus depreciation ,for application of bonus depreciation to qualified nonresidential real property1 see subsection 7k74 7#c7 ,qualified nonresidential real property ,for purposes of this subsection1 the term qualified nonresidential real property means nonresidential real property placed in service in the ,united ,states by a qualified manufacturer if such property is acquired by such qualified manufacturer in connection with a qualified relocation of manufacturing4 7#d7 ,qualified manufacturer ,for purposes of this subsection1 the term qualified manufacturer means any person engaged in the trade or business of manufacturing a qualified medical product4 7#e7 ,qualified medical product ,for purposes of this subsection1 the term qualified medical product means any pharmaceutical1 medical device1 or medical supply4 7#f7 ,qualified relocation of manufacturing ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified relocation of manufacturing means1 with respect to any qualified manufacturer1 the relocation of the manufacturing of a qualified medical product from a foreign country to the ,united ,states4 7,b7 ,relocation of property not required ,for purposes of subparagraph 7,a71 manufacturing shall not fail to be treated as relocated merely because property used in such manufacturing was not relocated4 7,c7 ,relocation of not less than equivalent productive capacity required ,for purposes of subparagraph 7,a71 manufacturing shall not be treated as relocated unless the property manufactured in the ,united ,states is substantially identical to the property previously manufactured in a foreign country and the increase in the units of production of such property in the ,united ,states by the qualified manufacturer is not less than the reduction in the units of production of such property in such foreign country by such qualified manufacturer4 7#g7 ,application to possessions of the united states ,for purposes of this subsection1 the term ,united ,states includes any possession of the ,united ,states4 4 7b7 ,exclusion of gain on disposition of property in connection with qualified relocation of manufacturing 7#a7 ,in general ,part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after section #aci;,h the following new section3 #aci;,i4 ,exclusion of gain on disposition of property in connection with qualified relocation of manufacturing 7a7 ,in general ,in the case of a qualified manufacturer1 gross income shall not include gain from the sale or exchange of qualified relocation disposition property4 7b7 ,qualified relocation disposition property ,for purposes of this section1 the term qualified relocation disposition property means any property which-- 7#a7 is sold or exchanged by a qualified manufacturer in connection with a qualified relocation of manufacturing1 and 7#b7 was used by such qualified manufacturer in the trade or business of manufacturing a qualified medical product in the foreign country from which such manufacturing is being relocated4 7c7 ,other terms ,terms used in this section which are also used in subsection 7n7 of section #afh shall have the same meaning when used in this section as when used in such subsection4 4 7#b7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after the item relating to section #aci;,h the following new item3 ,sec4 #aci;,i4 ,exclusion of gain on disposition of property in connection with qualified relocation of manufacturing4 4 7c7 ,effective dates 7#a7 ,accelerated depreciation ,the amendment made by subsection 7a7 shall apply to property placed in service after the date of the enactment of this ,act4 7#b7 ,exclusion of gain ,the amendments made by subsection 7b7 shall apply to sales and exchanges after the date of the enactment of this ,act4 #cjc4 ,principal negotiating objectives of the ,united ,states relating to trade in covered pharmaceutical products ,section #ajb7;b7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbja7;b77 is amended by adding at the end the following3 7#bc7 ,trade in covered pharmaceutical products 7,a7 ,in general ,it is the objective of the ,united ,states to negotiate a plurilateral agreement among trusted allies relating to trade in covered pharmaceutical products to which section #ajc7;b7 will apply1 for which the principal negotiating objectives of the ,united ,states are the following3 7i7 ,to ensure that a party to the agreement adopts and maintains measures to eliminate the imposition or reimposition of tariffs on imports of such products1 particularly in the event of a declared emergency4 7ii7 ,to ensure that a party to the agreement-- 7,i7 will reduce or eliminate regulatory and other technical barriers in the pharmaceutical sector2 7,,ii7 will promote expedited approval of facilities for the production of such products being built by business enterprises that operate one or more such facilities in the territory of the party2 7,,iii7 will promote the use of good regulatory practices and streamlined regulatory review and approval processes for the production of such products in the territory of the party2 7,,iv7 will eliminate duplicated actions and other barriers to reduce the time for approvals of both facilities and such products2 and 7,v7 will expand transparency and cooperation with other parties and their manufacturers1 working collaboratively1 to ensure regulatory processes are streamlined and harmonized among other parties to the maximum extent possible4 7iii7 ,to prohibit export restraints against parties to the agreement1 particularly in the event of a declared emergency4 7iv7 ,with respect to use of subsidies-- 7,i7 to encourage the coordinated provision of those types of subsidies that are classified under ,world ,trade ,organization rules as non-prohibited1 such as subsidies that are not contingent on exports or import-substitution1 to incentivize manufacturing of such products1 including the provision of grants1 loans1 tax incentives1 and guaranteed price and volume contracts2 7,,ii7 to explicitly permit1 among parties to the agreement1 the use of production subsidies to build pharmaceutical manufacturing capacity2 7,,iii7 to affirm that subsidies provided by parties are not intended to be used primarily for export or to distort trade2 7,,iv7 to affirm parties' commitments under the ,antidumping ,agreement and the ,agreement on ,subsidies and ,countervailing ,measures1 including the recognition that dumping1 by which products of one country are introduced into the commerce of another country at less than the normal value of the products1 is to be condemned if it causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of a domestic industry2 and 7,v7 to encourage notification and consultation among parties as they are considering pharmaceutical #ad manufacturing subsidies to increase coordination and avoid creating conditions such as oversupply or market inefficiencies among the parties4 7v7 ,with respect to government procurement-- 7,i7 to provide reciprocal access to government procurements for such products in parties to the agreement2 7,,ii7 to increase coordination between participant countries and facilitate the involvement of participant countries' companies in bids to supply such products2 and 7,,iii7 to ensure that any participant in the agreement that is not already so designated1 becomes designated for purposes of section #cja of the ,trade ,agreements ,act of #aigi 7#ai ,u4,s4,c4 #beaa74 7vi7 ,with respect to trade in services-- 7,i7 to obtain fair1 open1 and transparent access to supply chain services in the markets of parties to the agreement1 such as distribution1 logistics1 and transportation services2 7,,ii7 to ensure any restrictions or regulatory requirements maintained on such services are adopted and maintained in a transparent and efficient manner2 and 7,,iii7 to require parties to establish an internal process for identifying restrictions or regulatory requirements that could be waived in the event of a declared emergency4 7vii7 ,with respect to transparency and trade facilitation-- 7,i7 to obtain commitments among parties to the agreement to develop mechanisms for sharing information on pharmaceutical supply chain constraints and coordinate approaches with parties to minimize risks that could lead to supply chain failures2 and 7,,ii7 to the extent they have not done so yet1 to obtain commitments from parties that they will fully implement the obligations under the ,world ,trade ,organization's ,agreement on ,trade ,facilitation prior to the date the agreement enters into force4 7viii7 ,with respect to enforcement-- 7,i7 to ensure that benefits under the agreement can only be obtained by parties that are fully meeting their obligations under the agreement2 7,,ii7 to ensure that parties will not bring a dispute under another agreement for actions that are consistent with the agreement2 and 7,,iii7 to provide a dispute settlement mechanism comparable to the dispute settlement provisions of the ,agreement between the ,united ,states of ,america1 the ,united ,mexican ,states1 and ,canada4 7ix7 ,to minimize the ability of parties to the agreement to undermine the effectiveness of the agreement by abusing exceptions in the agreement by including additional procedural requirements1 such as notification of intent to rely on an exception at the time an inconsistent action is taken1 and limiting the duration that participants may rely on an exception4 7,b7 ,definitions ,in this paragraph3 7i7 ,active pharmaceutical ingredient ,the term active pharmaceutical ingredient-- 7,i7 means any component that is intended to furnish pharmacological activity or other direct effect in the diagnosis1 cure1 mitigation1 treatment1 or prevention of a disease1 or to affect the structure or any function of the body of a human or animal2 and 7,,ii7 does not include-- 7aa7 intermediates used in the synthesis of a drug product2 or 7bb7 components that may undergo chemical change in the manufacture of a drug product and be present in a drug product in a modified form that is intended to furnish such activity or effect4 7ii7 ,agreement on subsidies and countervailing measures ,the term ,agreement on ,subsidies and ,countervailing ,measures means the agreement referred to in section #aja7;d77#ab7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceaa7;d77#ab774 7iii7 ,antidumping agreement ,the term ,antidumping ,agreement means the ,agreement on ,implementation of ,article ,,vi of the ,general ,agreement on ,tariffs and ,trade #aiid referred to in section #aja7;d77#g7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceaa7;d77#g774 7iv7 ,biological product ,the term biological product has the meaning given to such term in section #cea7;i7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7;i774 7v7 ,covered pharmaceutical product ,the term covered pharmaceutical product means-- 7,i7 a drug 7including a biological product72 or 7,,ii7 an active pharmaceutical ingredient4 4 #cjd4 ,reauthorization of trade agreements authority ,section #ajc of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbjb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,july #a1 #bjah each place it appears and inserting ,july #a1 #bjbc2 and 7,b7 by striking ,july #a1 #bjba each place it appears and inserting ,july #a1 #bjbf2 7#b7 in subsection 7b7-- 7,a7 by striking ,july #a1 #bjah each place it appears and inserting ,july #a1 #bjbc2 and 7,b7 by striking ,july #a1 #bjba each place it appears and inserting ,july #a1 #bjbf2 and 7#c7 in subsection 7c7-- 7,a7 by striking ,july #a1 #bjah each place it appears and inserting ,july #a1 #bjbc2 7,b7 by striking ,june #cj1 #bjah and inserting ,june #cj1 #bjbc2 7,c7 in paragraph 7#a77;,b71 by striking ,july #a1 #bjba and inserting ,july #a1 #bjbf2 7,d7 in paragraph 7#b71 by striking ,april #a1 #bjah and inserting ,april #a1 #bjbc2 and 7,e7 in paragraph 7#c71 by striking ,june #a1 #bjah and inserting ,june #a1 #bjbc4 #cje4 ,securing essential medical materials 7a7 ,statement of policy ,section #b7;b7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #dejb7 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#h7 as paragraphs 7#d7 through 7#i71 respectively2 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 authorities under this ,act should be used when appropriate to ensure the availability of medical materials essential to national defense1 including through measures designed to secure the drug supply chain1 and taking into consideration the importance of ,united ,states competitiveness1 scientific leadership and cooperation1 and innovative capacity2 4 7b7 ,strengthening domestic capability ,section #ajg of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deag7 is amended-- 7#a7 in subsection 7a71 by inserting 7including medical materials7 after materials2 and 7#b7 in subsection 7b77#a71 by inserting 7including medical materials such as drugs1 devices1 and biological products to diagnose1 cure1 mitigate1 treat1 or prevent disease that are essential to national defense7 after essential materials4 7c7 ,strategy on securing supply chains for medical materials ,title ,i of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deaa et seq47 is amended by adding at the end the following3 #aji4 ,strategy on securing supply chains for medical materials 7a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 the ,president1 in consultation with the ,secretary of ,health and ,human ,services1 the ,secretary of ,commerce1 the ,secretary of ,homeland ,security1 and the ,secretary of ,defense1 shall transmit a strategy to the appropriate ,members of ,congress that includes the following3 7#a7 ,a detailed plan to use the authorities under this title and title ,,iii1 or any other provision of law1 to ensure the supply of medical materials 7including drugs1 devices1 and biological products 7as that term is defined in section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb77 to diagnose1 cure1 mitigate1 treat1 or prevent disease7 essential to national defense1 to the extent necessary for the purposes of this ,act4 7#b7 ,an analysis of vulnerabilities to existing supply chains for such medical materials1 and recommendations to address the vulnerabilities4 7#c7 ,measures to be undertaken by the ,president to diversify such supply chains1 as appropriate and as required for national defense4 7#d7 ,a discussion of-- 7,a7 any significant effects resulting from the plan and measures described in this subsection on the production1 cost1 or distribution of biological products 7as that term is defined in section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb77 or any other devices or drugs 7as defined under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq4772 7,b7 a timeline to ensure that essential components of the supply chain for medical materials are not under the exclusive control of a foreign government in a manner that the ,president determines could threaten the national defense of the ,united ,states2 and 7,c7 efforts to mitigate any risks resulting from the plan and measures described in this subsection to ,united ,states competitiveness1 scientific leadership1 and innovative capacity1 including efforts to cooperate and proactively engage with ,united ,states allies4 7b7 ,progress report ,following submission of the strategy under subsection 7a71 the ,president shall submit to the appropriate ,members of ,congress an annual progress report until ,september #cj1 #bjbe1 evaluating the implementation of the strategy1 and may include updates to the strategy as appropriate4 ,the strategy and progress reports shall be submitted in unclassified form but may contain a classified annex4 7c7 ,appropriate ,members of ,congress ,the term appropriate ,members of ,congress means the ,speaker1 majority leader1 and minority leader of the ,house of ,representatives1 the majority leader and minority leader of the ,senate1 the ,chairman and ,ranking ,member of the ,committee on ,financial ,services of the ,house of ,representatives1 and the ,chairman and ,ranking ,member of the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 4 #cjf4 ,investment in supply chain security 7a7 ,in general ,section #cjc of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #decc7 is amended by adding at the end the following3 7h7 ,investment in supply chain security 7#a7 ,in general ,in addition to other authorities in this title1 the ,president may make available to an eligible entity described in paragraph 7#b7 payments to increase the security of supply chains and supply chain activities1 if the ,president certifies to ,congress not less than #cj days before making such a payment that the payment is critical to meet national defense requirements of the ,united ,states4 7#b7 ,eligible entity ,an eligible entity described in this paragraph is an entity that-- 7,a7 is organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states2 and 7,b7 produces-- 7i7 one or more critical components2 7ii7 critical technology2 or 7iii7 one or more products or raw materials for the security of supply chains or supply chain activities4 7#c7 ,definitions ,in this subsection1 the terms supply chain and supply chain activities have the meanings given those terms by the ,president by regulation4 4 7b7 ,regulations 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall prescribe regulations setting forth definitions for the terms supply chain and supply chain activities for the purposes of section #cjc7;h7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #decc7;h771 as added by subsection 7a74 7#b7 ,scope of definitions ,the definitions required by paragraph 7#a7-- 7,a7 shall encompass-- 7i7 the organization1 people1 activities1 information1 and resources involved in the delivery and operation of a product or service used by the ,government2 or 7ii7 critical infrastructure as defined in ,presidential ,policy ,directive #ba 7,february #ab1 #bjac2 relating to critical infrastructure security and resilience72 and 7,b7 may include variations as determined necessary and appropriate by the ,president for purposes of national defense4 #cjg4 ,permit process for projects relating to extraction1 recovery1 or processing of critical materials 7a7 ,definition of covered project ,section #dajja7f77;,a7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#f77;,a77 is amended-- 7#a7 in clause 7i77,,iii71 by striking 2 or and inserting a semicolon2 7#b7 in clause 7ii77,,ii71 by striking the period and inserting 2 or2 and 7#c7 by adding at the end the following3 7iii7 is related to the extraction1 recovery1 or processing from coal1 coal waste1 coal processing waste1 pre- or post-combustion coal byproducts1 or acid mine drainage from coal mines of one of the following materials3 7,i7 ,critical minerals 7as such term is defined in section #gjjb of the ,energy ,act of #bjbj74 7,,ii7 ,rare earth elements4 7,,iii7 ,microfine carbon or carbon from coal4 4 7b7 ,report ,not later than #f months after the date of enactment of this ,act1 the ,secretary of the ,interior shall submit to the ,committees on ,energy and ,natural ,resources and ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure1 ,natural ,resources1 and ,energy and ,commerce of the ,house of ,representatives a report evaluating the timeliness of implementation of reforms of the permitting process required as a result of the amendments made by this ,act on the following3 7#a7 ,the economic and national security of the ,united ,states4 7#b7 ,domestic production and supply of critical minerals1 rare earths1 and microfine carbon or carbon from coal4 ,,iv ,matters ,relating to ,research and ,development #dja4 ,permanent full expensing for qualified property 7a7 ,in general ,paragraph 7#f7 of section #afh7k7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#f7 ,applicable percentage ,for purposes of this subsection1 the term applicable percentage means1 in the case of property placed in service 7or1 in the case of a specified plant described in paragraph 7#e71 a plant which is planted or grafted7 after ,september #bg1 #bjag1 #ajj percent4 4 7b7 ,conforming amendments 7#a7 ,section #afh7k7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i77,v71 by inserting and at the end2 7,,ii7 in clause 7ii71 by striking clause 7ii7 of subparagraph 7,e71 and and inserting clause 7i7 of subparagraph 7,e742 and 7,,iii7 by striking clause 7iii72 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 by striking subclauses 7,,ii7 and 7,,iii72 and 7bb7 by redesignating subclauses 7,,iv7 through 7,,vi7 as subclauses 7,,ii7 through 7,,iv71 respectively2 7,,ii7 by striking clause 7ii72 and 7,,iii7 by redesignating clauses 7iii7 and 7iv7 as clauses 7ii7 and 7iii71 respectively2 7iii7 in subparagraph 7,c7-- 7,i7 in clause 7i71 by striking and subclauses 7,,ii7 and 7,,iii7 of subparagraph 7,b77i72 and 7,,ii7 in clause 7ii71 by striking subparagraph 7,b77iii7 and inserting subparagraph 7,b77ii72 and 7iv7 in subparagraph 7,e7-- 7,i7 by striking clause 7i72 and 7,,ii7 by redesignating clauses 7ii7 and 7iii7 as clauses 7i7 and 7ii71 respectively2 and 7,b7 in paragraph 7#e77;,a71 by striking planted before ,january #a1 #bjbg1 or is grafted before such date to a plant that has already been planted1 and inserting planted or grafted4 7#b7 ,section #dfj7;c77#f77;,b7 of such ,code is amended by striking which and all that follows through the period and inserting which has a recovery period of #g years or less44 7c7 ,effective date ,the amendments made by this section shall take effect as if included in section #acbja of ,public ,law #aae-ig4 #djb4 ,research and experimental expenditures 7a7 ,in general ,section #agd of the ,internal ,revenue ,code of #aihf is amended to read as follows3 #agd4 ,research and experimental expenditures 7a7 ,treatment as expenses 7#a7 ,in general ,a taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account4 ,the expenditures so treated shall be allowed as a deduction4 7#b7 ,when method may be adopted 7,a7 ,without consent ,a taxpayer may1 without the consent of the ,secretary1 adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph 7#a7 are paid or incurred4 7,b7 ,with consent ,a taxpayer may1 with the consent of the ,secretary1 adopt at any time the method provided in this subsection4 7#c7 ,scope ,the method adopted under this subsection shall apply to all expenditures described in paragraph 7#a74 ,the method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless1 with the approval of the ,secretary1 a change to a different method is authorized with respect to part or all of such expenditures4 7b7 ,amortization of certain research and experimental expenditures 7#a7 ,in general ,at the election of the taxpayer1 made in accordance with regulations prescribed by the ,secretary1 research or experimental expenditures which are-- 7,a7 paid or incurred by the taxpayer in connection with his trade or business1 7,b7 not treated as expenses under subsection 7a71 and 7,c7 chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section #afg 7relating to allowance for depreciation1 etc47 or section #faa 7relating to allowance for depletion71 may be treated as deferred expenses4 ,in computing taxable income1 such deferred expenses shall be allowed as a deduction ratably over such period of not less than #fj months as may be selected by the taxpayer 7beginning with the month in which the taxpayer first realizes benefits from such expenditures74 ,such deferred expenses are expenditures properly chargeable to capital account for purposes of section #ajaf7;a77#a7 7relating to adjustments to basis of property74 7#b7 ,time for and scope of election ,the election provided by paragraph 7#a7 may be made for any taxable year1 but only if made not later than the time prescribed by law for filing the return for such taxable year 7including extensions thereof74 ,the method so elected1 and the period selected by the taxpayer1 shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless1 with the approval of the ,secretary1 a change to a different method 7or to a different period7 is authorized with respect to part or all of such expenditures4 ,the election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election4 7c7 ,land and other property ,this section shall not apply to any expenditure for the acquisition or improvement of land1 or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section #afg 7relating to allowance for depreciation1 etc47 or section #faa 7relating to allowance for depletion72 but for purposes of this section allowances under section #afg1 and allowances under section #faa1 shall be considered as expenditures4 7d7 ,exploration expenditures ,this section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence1 location1 extent1 or quality of any deposit of ore or other mineral 7including oil and gas74 7e7 ,only reasonable research expenditures eligible ,this section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances4 4 7b7 ,clerical amendment ,the table of sections for part ,,vi of subchapter ,b of chapter #a of such ,code is amended by striking the item relating to section #agd and inserting the following new item3 ,sec4 #agd4 ,research and experimental expenditures4 4 7c7 ,conforming amendments 7#a7 ,section #da7;d77#a77;,a7 of such ,code is amended by striking specified research or experimental expenditures under section #agd and inserting expenses under section #agd4 7#b7 ,section #bhj;,c7c7 of such ,code is amended to read as follows3 7c7 ,credit for increasing research activities 7#a7 ,in general ,no deduction shall be allowed for that portion of the qualified research expenses 7as defined in section #da7;b77 or basic research expenses 7as defined in section #da7;e77#b77 otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section #da7;a74 7#b7 ,similar rule where taxpayer capitalizes rather than deducts expenses ,if-- 7,a7 the amount of the credit determined for the taxable year under section #da7;a77#a71 exceeds 7,b7 the amount allowable as a deduction for such taxable year for qualified research expenses or basic research expenses 7determined without regard to paragraph 7#a771 the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess4 7#c7 ,election of reduced credit 7,a7 ,in general ,in the case of any taxable year for which an election is made under this paragraph-- 7i7 paragraphs 7#a7 and 7#b7 shall not apply1 and 7ii7 the amount of the credit under section #da7;a7 shall be the amount determined under subparagraph 7,b74 7,b7 ,amount of reduced credit ,the amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of-- 7i7 the amount of credit determined under section #da7;a7 without regard to this paragraph1 over 7ii7 the product of-- 7,i7 the amount described in clause 7i71 and 7,,ii7 the rate of tax under section #aa7;b74 7,c7 ,election ,an election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year 7including extensions71 shall be made on such return1 and shall be made in such manner as the ,secretary may prescribe4 ,such an election1 once made1 shall be irrevocable4 7#d7 ,controlled groups ,paragraph 7#c7 of subsection 7b7 shall apply for purposes of this subsection4 4 7d7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after ,december #ca1 #bjba4 #djc4 ,repeal and codification of certain ,executive orders 7a7 ,repeal ,the ,executive order relating to the revocation of certain ,executive orders concerning ,federal regulation1 signed on ,january #bj1 #bjba1 is hereby rescinded4 7b7 ,codification of ,executive orders ,the following ,executive orders shall have the force and effect of law3 7#a7 ,executive ,order #acgga 7#hb ,fed4 ,reg4 #abhff2 relating to reducing regulation and controlling regulatory costs74 7#b7 ,executive ,order #acggg 7#hb ,fed4 ,reg4 #abbhe2 relating to enforcing the regulatory reform agenda74 7#c7 ,executive ,order #achia 7#hd ,fed4 ,reg4 #eebce2 relating to improving agency guidance documents74 7#d7 ,executive ,order #achib 7#hd ,fed4 ,reg4 #eebci2 relating to transparency in administrative enforcement and adjudication74 7#e7 ,executive ,order #achic 7#hd ,fed4 ,reg4 #eedhg2 relating to accountability for administrative actions74 #djd4 ,educational assistance exclusion from gross income increased 7a7 ,section #abg7;b77#b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#b7 ,maximum exclusion 7,a7 ,in general ,if but for this paragraph1 this section would exclude from gross income more than the maximum amount of educational assistance furnished to an individual during a calendar year1 this section shall apply only to the maximum amount of such assistance so furnished4 7,b7 ,maximum amount ,for purposes of subparagraph 7,b71 the term maximum amount means1 for any calendar year1 an amount equal to the applicable dollar amount for elective deferrals described in section #djb7;g77#a77;,b7 7as such amount is adjusted for inflation for such calendar year74 4 7b7 ,effective date ,the amendment made by this section shall apply to educational assistance furnished in taxable years beginning after ,december #ca1 #bjbj4 #dje4 ,research and experimental expenditures 7a7 ,in general ,section #agd of the ,internal ,revenue ,code of #aihf is amended to read as follows3 #agd4 ,research and experimental expenditures 7a7 ,treatment as expenses 7#a7 ,in general ,a taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account4 ,the expenditures so treated shall be allowed as a deduction4 7#b7 ,when method may be adopted 7,a7 ,without consent ,a taxpayer may1 without the consent of the ,secretary1 adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph 7#a7 are paid or incurred4 7,b7 ,with consent ,a taxpayer may1 with the consent of the ,secretary1 adopt at any time the method provided in this subsection4 7#c7 ,scope ,the method adopted under this subsection shall apply to all expenditures described in paragraph 7#a74 ,the method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless1 with the approval of the ,secretary1 a change to a different method is authorized with respect to part or all of such expenditures4 7b7 ,amortization of certain research and experimental expenditures 7#a7 ,in general ,at the election of the taxpayer1 made in accordance with regulations prescribed by the ,secretary1 research or experimental expenditures which are-- 7,a7 paid or incurred by the taxpayer in connection with his trade or business1 7,b7 not treated as expenses under subsection 7a71 and 7,c7 chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section #afg 7relating to allowance for depreciation1 etc47 or section #faa 7relating to allowance for depletion71 may be treated as deferred expenses4 ,in computing taxable income1 such deferred expenses shall be allowed as a deduction ratably over such period of not less than #fj months as may be selected by the taxpayer 7beginning with the month in which the taxpayer first realizes benefits from such expenditures74 ,such deferred expenses are expenditures properly chargeable to capital account for purposes of section #ajaf7;a77#a7 7relating to adjustments to basis of property74 7#b7 ,time for and scope of election ,the election provided by paragraph 7#a7 may be made for any taxable year1 but only if made not later than the time prescribed by law for filing the return for such taxable year 7including extensions thereof74 ,the method so elected1 and the period selected by the taxpayer1 shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless1 with the approval of the ,secretary1 a change to a different method 7or to a different period7 is authorized with respect to part or all of such expenditures4 ,the election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election4 7c7 ,land and other property ,this section shall not apply to any expenditure for the acquisition or improvement of land1 or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section #afg 7relating to allowance for depreciation1 etc47 or section #faa 7relating to allowance for depletion72 but for purposes of this section allowances under section #afg1 and allowances under section #faa1 shall be considered as expenditures4 7d7 ,exploration expenditures ,this section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence1 location1 extent1 or quality of any deposit of ore or other mineral 7including oil and gas74 7e7 ,only reasonable research expenditures eligible ,this section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances4 4 7b7 ,clerical amendment ,the table of sections for part ,,vi of subchapter ,b of chapter #a of such ,code is amended by striking the item relating to section #agd and inserting the following new item3 ,sec4 #agd4 ,research and experimental expenditures4 4 7c7 ,conforming amendments 7#a7 ,section #da7;d77#a77;,a7 of such ,code is amended by striking specified research or experimental expenditures under section #agd and inserting expenses under section #agd4 7#b7 ,section #bhj;,c7c7 of such ,code is amended to read as follows3 7c7 ,credit for increasing research activities 7#a7 ,in general ,no deduction shall be allowed for that portion of the qualified research expenses 7as defined in section #da7;b77 or basic research expenses 7as defined in section #da7;e77#b77 otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section #da7;a74 7#b7 ,similar rule where taxpayer capitalizes rather than deducts expenses ,if-- 7,a7 the amount of the credit determined for the taxable year under section #da7;a77#a71 exceeds 7,b7 the amount allowable as a deduction for such taxable year for qualified research expenses or basic research expenses 7determined without regard to paragraph 7#a771 the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess4 7#c7 ,election of reduced credit 7,a7 ,in general ,in the case of any taxable year for which an election is made under this paragraph-- 7i7 paragraphs 7#a7 and 7#b7 shall not apply1 and 7ii7 the amount of the credit under section #da7;a7 shall be the amount determined under subparagraph 7,b74 7,b7 ,amount of reduced credit ,the amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of-- 7i7 the amount of credit determined under section #da7;a7 without regard to this paragraph1 over 7ii7 the product of-- 7,i7 the amount described in clause 7i71 and 7,,ii7 the rate of tax under section #aa7;b74 7,c7 ,election ,an election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year 7including extensions71 shall be made on such return1 and shall be made in such manner as the ,secretary may prescribe4 ,such an election1 once made1 shall be irrevocable4 7#d7 ,controlled groups ,paragraph 7#c7 of subsection 7b7 shall apply for purposes of this subsection4 4 7d7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after ,december #ca1 #bjba4 ,v ,matters ,related to ,education ,a ,restrictions relating to foreign funding of educational institutions #eja4 ,restrictions on institutions partnering with the ,people's ,republic of ,china 7a7 ,funding restricted ,an institution of higher education or other post-secondary educational institution shall not be eligible to receive ,federal funds 7except funds under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 or other ,department of ,education funds that are provided directly to students7 if such institution3 7#a7 has a contractual partnership in effect with an entity that is owned or controlled1 directly or indirectly1 by the ,government of the ,people's ,republic of ,china2 7#b7 has a contractual partnership in effect with an entity that is organized under the laws of the ,people's ,republic of ,china2 or 7#c7 employs a ,,ccp-funded instructor4 7b7 ,restoring eligibility ,an institution ineligible to receive ,federal funds under subsection 7a7 may reestablish eligibility by-- 7#a7 in the case of a contractual partnership with an entity described in subsection 7a77#a7 or 7a77#b73 7,a7 disclosing to the ,secretary of ,education all contractual partnerships with the applicable entity from the previous #aj years2 and 7,b7 providing to the ,secretary of ,education sufficient evidence that such partnerships have been terminated2 or 7#b7 in the case of the employment of a ,,ccp-funded instructor as described in subsection 7a77#c71 by demonstrating1 to the satisfaction of the ,secretary of ,education1 that the institution no longer employs a ,,ccp-funded instructor4 7c7 ,,ccp-,funded instructor defined ,in this section1 the term ,,ccp-funded instructor means a professor1 teacher1 or any other individual who-- 7#a7 provides instruction directly to the students of an institution of higher education2 and 7#b7 received funds1 directly or indirectly1 from the ,chinese ,communist ,party while employed by such institution4 7d7 ,effective date ,the restrictions under this section shall take effect #ahj days after the date of the enactment of this ,act4 #ejb4 ,limiting exemption from foreign agent registration requirement for persons engaging in activities in furtherance of certain pursuits to activities not promoting political agenda of foreign governments 7a7 ,limitation on exemption ,section #c7;e7 of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #fac7;e77 is amended by striking the semicolon at the end and inserting the following3 1 but only if the activities do not promote the political agenda of a government of a foreign country24 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to activities carried out on or after the date of the enactment of this ,act4 #ejc4 ,reporting exchange visitor change in field of study ,with respect to a principal nonimmigrant exchange visitor admitted into the ,united ,states in the ,j-#a classification under section #aja7;a77#ae77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,j77 in order to study1 the ,secretary of ,state shall take such action as may be necessary to ensure that the applicable program sponsor is required to use the ,student and ,exchange ,visitor ,information ,system to report any change to the nonimmigrant's primary field of study4 ,in carrying out this section1 the ,secretary of ,state shall take into account the record keeping and reporting requirements of the ,secretary of ,homeland ,security with regard to nonimmigrants admitted into the ,united ,states in the ,f-#a and ,m-#a classifications under subparagraphs 7,f7 and 7,m7 of section #aja7;a77#ae7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 #ejd4 ,reporting certain research program participation 7a7 ,in general ,with respect to a principal nonimmigrant admitted into the ,united ,states in the ,j-#a classification under section #aja7;a77#ae77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,j771 in the ,f-#a classification under section #aja7;a77#ae77;,f7 of such ,act1 or in the ,m-#a classification under section #aja7;a77#ae77,m7 of such ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security shall take such action as may be necessary to ensure that the applicable program sponsor or academic or nonacademic institution is required to use the ,student and ,exchange ,visitor ,information ,system to report when the nonimmigrant is participating in a research program funded in whole or in part through a grant1 contract1 or other similar form of support provided by the ,federal ,government1 as well as program identification information4 7b7 ,notifications 7#a7 ,secretary ,in the case of a nonimmigrant described in subsection 7a71 the ,secretary of ,homeland ,security shall notify the appropriate program manager at an ,executive agency 7as defined in section #aje of title #e1 ,united ,states ,code7 if and when the ,secretary obtains information that the nonimmigrant is participating in a research program funded in whole or in part through a grant1 contract1 or other similar form of support provided by such agency prior to the commencement of that nonimmigrant's participation and not later than #ba days after authorizing such participation4 7#b7 ,sponsor or institution ,in the case of a nonimmigrant described in subsection 7a71 the applicable program sponsor or academic or nonacademic institution shall notify the appropriate program manager at an ,executive agency 7as defined in section #aje of title #e1 ,united ,states ,code7 if and when the sponsor or institution obtains information that the nonimmigrant is participating in a research program funded in whole or in part through a grant1 contract1 or other similar form of support provided by such agency prior to the commencement of that nonimmigrant's participation and not later than #ba days after authorizing such participation4 #eje4 ,review and revocation of certain nonimmigrant visas 7a7 ,in general ,the ,secretary of ,homeland ,security shall have the authority to review and revoke a nonimmigrant visa granted under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 if1 in consultation with the ,attorney ,general1 the ,secretary finds that-- 7#a7 the visa holder has misrepresented his or her intention to pursue a certain program or field of study2 7#b7 following a change to the nonimmigrant's primary field of study as described under section #ejd1 that the new primary field of study would have triggered a higher level of scrutiny during the visa application process1 and that the visa holder poses a risk to the homeland security of the ,united ,states1 the national security of the ,united ,states1 or research integrity at their applicable program sponsor or institution2 7#c7 the visa holder's enrollment in a research program funded in whole or in part through a grant1 contract1 or other similar form of support provided by the ,federal ,government poses a risk to the homeland security of the ,united ,states1 the national security of the ,united ,states1 or research integrity at their applicable program sponsor or institution2 or 7#d7 the visa was granted to an alien who is a citizen of the ,people's ,republic of ,china if the ,secretary of ,state determines that the alien seeks to enter the ,united ,states to participate in graduate-level or post-graduate-level coursework or academic research in a field of science1 technology1 engineering1 or mathematics at an institution of higher education4 7b7 ,notice ,thirty days before the commencement of a review under subsection 7a71 the ,secretary of ,homeland ,security shall provide the applicable program sponsor or institution with a notice containing the specific basis of the forthcoming review4 ,during this #cj-;day period1 the program sponsor or institution may take corrective action to alleviate any concerns raised by the ,secretary4 ,at the conclusion of the #cj-;day period1 the ,secretary shall determine whether the program sponsor or institution has satisfactorily addressed the concerns or a review remains necessary4 7c7 ,administrative and judicial review 7#a7 ,in general ,there shall be no administrative or judicial review of a determination to revoke a visa under this section except in accordance with this subsection4 7#b7 ,administrative review 7,a7 ,single level of administrative appellate review ,the ,secretary of ,homeland ,security shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination4 7,b7 ,standard for review ,such administrative appellate review shall be based solely upon the administrative record established at the time of the determination and upon such additional or newly discovered evidence as may not have been available at the time of the determination4 7#c7 ,judicial review 7,a7 ,limitation to review of removal ,there shall be judicial review of a determination to revoke a visa under this section only in the judicial review of an order of removal under section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb74 7,b7 ,standard for judicial review ,such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole4 #ejf4 ,annual report 7a7 ,in general ,the ,secretary of ,homeland ,security shall require the ,academic ,institutions ,subcommittee of the ,homeland ,security ,advisory ,council of the ,department of ,homeland ,security to provide an annual report to the ,committee on the ,judiciary1 the ,committee on ,homeland ,security1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,committee on the ,judiciary1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on ,foreign ,relations of the ,senate1 on-- 7#a7 the implementation and execution of any visa reviews and revocations undertaken under section #ejf2 7#b7 the number of alien students enrolled at academic or nonacademic institutions in the ,united ,states1 disaggregated by-- 7,a7 program of study2 7,b7 previous and current nationality2 and 7,c7 participation in a research program 7which may or may not be classified7 funded in whole or in part through a grant1 contract1 or other similar form of support provided by the ,federal ,government1 differentiated by agency1 sub-agency1 and program2 and 7#c7 the number of alien students who have changed their field of study1 including their original and subsequent field of study1 disaggregated by the information described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#b74 7b7 ,appendix ,each report under subsection 7a7 shall include an appendix containing any feedback provided on a voluntary basis by any program sponsor or institution affected by a visa review or revocation undertaken under section #ejf4 ,b ,protecting ,our ,universities ,act #eaa4 ,sensitive research project list 7a7 ,sensitive research project list ,the ,office of the ,director of ,national ,intelligence shall1 in consultation with the ,national ,security ,advisor shall actively maintain a list of sensitive research projects4 ,such list shall-- 7#a7 be referred to as the ,sensitive ,research ,projects ,list2 and 7#b7 for each project included on the list1 indicate-- 7,a7 the qualified funding agency that is funding the project2 7,b7 whether the project is open to student participation2 and 7,c7 whether the project is related to-- 7i7 an item listed on the ,commerce ,control ,list 7,,ccl7 maintained by the ,department of ,commerce2 7ii7 an item listed on the ,united ,states ,munitions ,list maintained by the ,department of ,state2 or 7iii7 technology designated by the ,secretary of ,defense as having a technology readiness level of #a1 #b1 or #c4 7b7 ,report to ,congress ,not later than one year after the date of enactment of this ,act1 and every six months thereafter1 the interagency working group described in section #agdf of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7#db ,u4,s4,c4 #ffja note7 shall provide a report to the ,committee on ,education and ,labor1 the ,committee on ,armed ,services1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 and to the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,armed ,services1 and the ,select ,committee on ,intelligence of the ,senate1 regarding the threat of espionage at institutions of higher education4 ,in each such briefing1 the interagency working group shall identify actions that may be taken to reduce espionage carried out through student participation in sensitive research projects4 ,the interagency working group shall also include in this report an assessment of whether the current licensing regulations relating to the ,international ,traffic in ,arms ,regulations and the ,export ,administration ,regulations are sufficient to protect the security of the projects listed on the ,sensitive ,research ,project ,list4 #eab4 ,foreign student participation in sensitive research projects 7a7 ,approval of foreign student participation required ,beginning on the date that is one year after the date of enactment of this ,act1 for each project on the ,sensitive ,research ,project ,list that is open to student participation1 the head of such project at the institution of higher education at which the project is being carried out shall ensure that each student participating in such project shall be required to provide proof of citizenship before the student is permitted to participate in such project4 ,a student who is a citizen of a country identified in subsection 7b7 shall be permitted to participate in such a project only if-- 7#a7 the student applies for1 and receives approval from1 the ,director of ,national ,intelligence to participate in such project1 based on a background check and any other information the ,director determines to be appropriate2 and 7#b7 in the case of such a project that is related to an item or technology described in subparagraph 7,c7 of section #c7;c77#b71 the student applies for1 and receives approval from1 the head of the qualified funding agency1 to participate in such project4 7b7 ,list of citizenship requiring approval ,approval under subsection 7a7 shall be required for any student who is a citizen of a country that is one of the following3 7#a7 ,the ,people's ,republic of ,china4 7#b7 ,the ,democratic ,people's ,republic of ,korea4 7#c7 ,the ,russian ,federation4 7#d7 ,the ,islamic ,republic of ,iran4 7#e7 ,any country identified by the head of the qualified funding agency as requiring approval for the purposes of this section4 #eac4 ,foreign entities 7a7 ,list of foreign entities that pose an intelligence threat ,not later than one year after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall identify foreign entities1 including governments1 corporations1 non-profit and for-profit organizations1 and any subsidiary or affiliate of such an entity1 that the ,director determines pose a threat of espionage with respect to sensitive research projects1 and shall develop and maintain a list of such entities4 ,the ,director may add or remove entities from such list at any time4 ,the initial list developed by the ,director shall include the following entities 7including any subsidiary or affiliate73 7#a7 ,huawei ,technologies ,company4 7#b7 ,,zte ,corporation4 7#c7 ,hytera ,communications ,corporation4 7#d7 ,hangzhou ,hikvision ,digital ,technology ,company4 7#e7 ,dahua ,technology ,company4 7#f7 ,kaspersky ,lab4 7#g7 ,any entity that is owned or controlled by1 or otherwise has demonstrated financial ties to1 the government of a country identified under section #d7;b74 7b7 ,notice to institutions of higher education ,the ,director of ,national ,intelligence shall make the initial list required under subsection 7a71 and any changes to such list1 available to the ,secretary of ,education1 the interagency working group1 and the head of each qualified funding agency as soon as practicable4 ,the ,secretary of ,education shall provide such initial list and subsequent amendments to each institution of higher education at which a project on the ,sensitive ,research ,project ,list is being carried out4 7c7 ,prohibition on use of certain technologies ,beginning on the date that is one year after the date of the enactment of this ,act1 the head of each sensitive research project shall1 as a condition of receipt of funds from a qualified funding agency1 provide an assurance to such qualified funding agency that1 beginning on the date that is two years after the date of the enactment of this ,act1 any technology developed by an entity included on the list maintained under subsection 7a7 shall not be utilized in carrying out the sensitive research project4 #ead4 ,enforcement ,the head of each qualified funding agency shall take such steps as may be necessary to enforce the provisions of sections #eaj and #eaa of this ,act4 ,upon determination that the head of a sensitive research project has failed to meet the requirements of either section #eaj or section #eaa1 the head of a qualified funding agency may determine the appropriate enforcement action1 including-- 7#a7 imposing a probationary period1 not to exceed #f months1 on the head of such project1 or on the project2 7#b7 reducing or otherwise limiting the funding for such project until the violation has been remedied2 7#c7 permanently cancelling the funding for such project2 or 7#d7 any other action the head of the qualified funding agency determines to be appropriate4 #eae4 ,definitions ,in this subtitle3 7#a7 ,citizen of a country ,the term citizen of a country1 with respect to a student1 includes all countries in which the student has held or holds citizenship or holds permanent residency4 7#b7 ,institution of higher education ,the term institution of higher education means an institution described in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7 that receives ,federal funds in any amount and for any purpose4 7#c7 ,intelligence community ,the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#d7 ,qualified funding agency ,the term qualified funding agency1 with respect to a sensitive research project1 means-- 7,a7 the ,department of ,defense1 if the sensitive research project is funded in whole or in part by the ,department of ,defense2 7,b7 the ,department of ,energy1 if the sensitive research project is funded in whole or in part by the ,department of ,energy2 or 7,c7 an element of the intelligence community1 if the sensitive research project is funded in whole or in part by the element of the intelligence community4 7#e7 ,sensitive research project ,the term sensitive research project means a research project at an institution of higher education that is funded by a qualified funding agency1 except that such term shall not include any research project that is classified or that requires the participants in such project to obtain a security clearance4 7#f7 ,student participation ,the term student participation shall not include student activity in-- 7,a7 a research project that is required for completion of a course in which the student is enrolled at an institution of higher education2 or 7,b7 a research project for which the student is conducting unpaid research4 ,c ,other matters #eba4 ,report on ,china benefitting from ,united ,states taxpayer-funded research 7a7 ,in general ,not later than one year after the date of enactment of the ,act1 the ,attorney ,general1 in consultation with the ,secretary of the ,treasury1 the ,secretary of ,commerce1 the ,secretary of ,state1 and the ,director of ,national ,intelligence1 shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report on the extent to which ,china has benefitted from ,united ,states taxpayer-funded research4 7b7 ,elements ,the report under subsection 7a7 shall include the following3 7#a7 ,the extent to which ,united ,states taxpayer-funded research has benefitted ,china1 including a list of ,united ,states ,government-funded entities1 such as research institutions1 laboratories1 and institutions of higher education1 which have hired ,chinese nationals or allowed ,chinese nationals to conduct research1 including an estimate in the number of nationals hired or involved in research projects4 7#b7 ,a list of ,united ,states ,government programs1 grants1 and other forms of research funding in the fields of science1 technology1 engineering1 and math 7,,stem7 fields that have directly or indirectly cooperated or affiliated with research institutions in ,china or ,chinese ,communist ,party entities4 7#c7 ,the extent to which ,china's funding of ,united ,states taxpayer-funded research institutions has benefitted ,china4 7#d7 ,how the ,government of ,china and the ,chinese ,communist ,party have used ,united ,states taxpayer-funded research1 including as part of ,china's efforts to support civil-military fusion and human rights abuses4 7c7 ,definition ,in this section1 the term ,united ,states taypayer-funded research means research-- 7#a7 funded by a grant from the ,federal ,government or a ,state government2 or 7#b7 conducted at an institution that receives funding from the ,federal ,government or a ,state government4 #ebb4 ,conditions on ,federal research grants ,as a condition of receiving a ,federal research and development grant in a field of science1 technology1 engineering1 or mathematics1 a grant recipient shall certify that the recipient-- 7#a7 is not-- 7,a7 a citizen of the ,people's ,republic of ,china2 or 7,b7 a participant in a foreign talent recruitment program of the ,people's ,republic of ,china listed by the ,secretary of ,state in accordance with section #eba2 and 7#b7 will not knowingly employ to carry out activities funded by the ,federal research and development grant-- 7,a7 a citizen of the ,people's ,republic of ,china2 or 7,b7 a participant in a foreign talent recruitment program of the ,people's ,republic of ,china listed by the ,secretary of ,state in accordance with section #eba4 #ebc4 ,protecting institutions1 laboratories1 and research institutes 7a7 ,in general ,notwithstanding any other provision of law1 the head of each ,federal agency shall ensure that any institution of higher education1 laboratory1 or research institute receiving ,federal assistance agrees1 as a condition of such assistance1 to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the ,people's ,republic of ,china4 7b7 ,program participation agreements ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,the institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the ,people's ,republic of ,china listed by the ,secretary of ,state in accordance with section #g of the ,,secure ,,campus ,act of #bjba4 4 #ebd4 ,registration of participants in foreign talent recruitment programs of the ,people's ,republic of ,china as agents of the ,government of the ,people's ,republic of ,china ,notwithstanding section #c of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #fac71 any individual in the ,united ,states who is associated with a foreign talent recruitment program of the ,people's ,republic of ,china1 either as a recruiter or as a recruit-- 7#a7 shall be deemed to be an agent of a foreign principal 7as defined in section #a7;c7 of such ,act 7#bb ,u4,s4,c4 #faa7;c772 and 7#b7 shall comply with the registration requirements set forth in section #b of such ,act 7#bb ,u4,s4,c4 #fab7 not later than #cj days after the later of-- 7,a7 the date of the enactment of this ,act2 or 7,b7 the date on which the individual entered the ,united ,states4 #ebe4 ,economic espionage ,section #ahci7a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting education1 research1 after commercial12 and 7#b7 by inserting or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership after foreign government4 #ebf4 ,department of state list of foreign talent recruitment programs of the ,people's ,republic of ,china 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,attorney ,general1 the ,secretary of ,defense1 and the ,director of ,national ,intelligence1 shall compile and publish in the ,federal ,register a list of foreign talent recruitment programs of the ,people's ,republic of ,china4 7b7 ,annual review and revision ,not less frequently than annually1 the ,secretary of ,state shall-- 7#a7 review and revise the list compiled under subsection 7a72 and 7#b7 publish the revised list in the ,federal ,register4 #ebg4 ,definitions ,for purposes of sections #eba through #ebf3 7#a7 ,foreign talent recruitment program of the ,people's ,republic of ,china ,the term foreign talent recruitment program of the ,people's ,republic of ,china means any effort organized1 managed1 funded1 or otherwise controlled by the ,government of the ,people's ,republic of ,china or the ,chinese ,communist ,party to employ1 contract1 or otherwise compensate #a or more individuals to conduct research1 development1 testing1 or any other science or technology activity for the direct or indirect benefit of the ,people's ,republic of ,china4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 #ebh4 ,disclosure on certain visa applications 7a7 ,disclosure requirement for f and m visas ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall update ,form ,i-#bj1 or a successor form with respect to eligibility for nonimmigrant student status1 to require an alien submitting such form to report-- 7#a7 whether the alien has received or plans to receive certain funds2 7#b7 the amount of any certain funds received by the alien2 and 7#c7 a description of the entity providing any certain funds to the alien4 7b7 ,disclosure requirement for ,j visas ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall update ,form ,,ds-#bjai1 or a successor form with respect to eligibility for a exchange visitor status1 to require an alien submitting such form to report-- 7#a7 whether the alien has received or plans to receive certain funds2 7#b7 the amount of any certain funds received by the alien2 and 7#c7 a description of the entity providing any certain funds to the alien4 7c7 ,updated disclosure requirement 7#a7 ,in general ,an alien who receives certain funds after receiving a visa under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 shall report to the ,secretary of ,homeland ,security and the ,secretary of ,state the receipt of such funds not more than #ij days after the date on which such funds are received4 7#b7 ,provisional revocation based on failure to comply with disclosure requirement ,an alien who receives certain funds and does not report such receipt pursuant to paragraph 7#a7 is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation was issued4 7d7 ,disclosure for alien spouse and minor children ,the disclosure requirements under subsections 7a7 through 7c7 shall apply to an alien spouse or any minor children applying for or receiving a visa under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 7e7 ,applicability ,not later than #ahj days after the date of the enactment of this ,act1 an alien1 alien spouse1 or any minor children who have a valid visa under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 on the date of the enactment of this ,act1 shall report to the ,secretary of ,homeland ,security-- 7#a7 whether such alien has received or plans to receive certain funds2 7#b7 the amount of any certain funds received by the alien2 and 7#c7 a description of the entity providing any certain funds to the alien4 7f7 ,certain funds defined ,in this section1 the term certain funds includes any amount of money provided to an alien from-- 7#a7 the ,government of the ,people's ,republic of ,china2 7#b7 the ,chinese ,communist ,party2 or 7#c7 any entity owned or controlled by the ,government of the ,people's ,republic of ,china or the ,chinese ,communist ,party4 #ebi4 ,review by ,committee on ,foreign ,investment in the ,united ,states of certain foreign gifts to and contracts with institutions of higher education 7a7 ,amendments to ,defense ,production ,act of #aiej 7#a7 ,definition of covered transaction ,subsection 7a77#d7 of section #gba of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i71 by striking 2 and and inserting a semicolon2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 any transaction described in subparagraph 7,b77vi7 proposed or pending after the date of the enactment of the ,china ,strategic ,competition ,act of #bjba4 2 7,b7 in subparagraph 7,b71 by adding at the end the following3 7vi7 ,any gift to an institution of higher education from a foreign person1 or the entry into a contract by such an institution with a foreign person1 if-- 7,i7 7aa7 the value of the gift or contract equals or exceeds #a1jjj1jjj2 or 7bb7 the institution receives1 directly or indirectly1 more than one gift from or enters into more than one contract1 directly or indirectly1 with the same foreign person for the same purpose the aggregate value of which1 during the period of #b consecutive calendar years1 equals or exceeds #a1jjj1jjj2 and 7,,ii7 the gift or contract-- 7aa7 relates to research1 development1 or production of critical technologies and provides the foreign person potential access to any material nonpublic technical information 7as defined in subparagraph 7,d77ii77 in the possession of the institution2 or 7bb7 is a restricted or conditional gift or contract 7as defined in section #aag7;h7 of the ,higher ,education ,act of 7#bj ,u4,s4,c4 #ajaa;f7h777 that establishes control4 2 and 7,c7 by adding at the end the following3 7,g7 ,foreign gifts to and contracts with institutions of higher education ,for purposes of subparagraph 7,b77vi73 7i7 ,contract ,the term contract means any agreement for the acquisition by purchase1 lease1 or barter of property or services by a foreign person1 for the direct benefit or use of either of the parties4 7ii7 ,gift ,the term gift means any gift of money or property4 7iii7 ,institution of higher education ,the term institution of higher education means any institution1 public or private1 or1 if a multicampus institution1 any single campus of such institution1 in any ,state-- 7,i7 that is legally authorized within such ,state to provide a program of education beyond secondary school2 7,,ii7 that provides a program for which the institution awards a bachelor's degree 7or provides not less than a #b-year program which is acceptable for full credit toward such a degree7 or a more advanced degree2 7,,iii7 that is accredited by a nationally recognized accrediting agency or association2 and 7,,iv7 to which the ,federal ,government extends ,federal financial assistance 7directly or indirectly through another entity or person71 or that receives support from the extension of ,federal financial assistance to any of the institution's subunits4 4 7#b7 ,mandatory declarations ,subsection 7b77#a77;,c77v77,,iv77aa7 of such section is amended by adding at the end the following3 ,such regulations shall require a declaration under this subclause with respect to a covered transaction described in subsection 7a77#d77;,b77vi77,,ii77aa744 7#c7 ,factors to be considered ,subsection 7f7 of such section is amended-- 7,a7 in paragraph 7#aj71 by striking 2 and and inserting a semicolon2 7,b7 by redesignating paragraph 7#aa7 as paragraph 7#ab72 and 7,c7 by inserting after paragraph 7#aj7 the following3 7#aa7 as appropriate1 and particularly with respect to covered transactions described in subsection 7a77#d77;,b77vi71 the importance of academic freedom at institutions of higher education in the ,united ,states2 and 4 7#d7 ,membership of cfius ,subsection 7k7 of such section is amended-- 7,a7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,h71 7,i71 and 7,j7 as subparagraphs 7,i71 7,j71 and 7,k71 respectively2 and 7ii7 by inserting after subparagraph 7,g7 the following3 7,h7 ,in the case of a covered transaction involving an institution of higher education 7as defined in subsection 7a77#d77;,g771 the ,secretary of ,education4 2 and 7,b7 by adding at the end the following3 7#h7 ,inclusion of other agencies on committee ,in considering including on the ,committee under paragraph 7#b77,k7 the heads of other executive departments1 agencies1 or offices1 the ,president shall give due consideration to the heads of relevant research and science agencies1 departments1 and offices1 including the ,secretary of ,health and ,human ,services1 the ,director of the ,national ,institutes of ,health1 and the ,director of the ,national ,science ,foundation4 4 7#e7 ,contents of annual report relating to critical technologies ,subsection 7m77#c7 of such section is amended-- 7,a7 in subparagraph 7,b71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,d7 an evaluation of whether there are foreign malign influence or espionage activities directed or directly assisted by foreign governments against institutions of higher education 7as defined in subsection 7a77#d77;,g77 aimed at obtaining research and development methods or secrets related to critical technologies2 and 7,e7 an evaluation of1 and recommendation for any changes to1 reviews conducted under this section that relate to institutions of higher education1 based on an analysis of disclosure reports submitted to the chairperson under section #aag7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f7a774 4 7b7 ,effective date2 applicability ,the amendments made by subsection 7a7 shall-- 7#a7 take effect on the date of the enactment of this ,act1 subject to the requirements of subsections 7d7 and 7e72 and 7#b7 apply with respect to any covered transaction the review or investigation of which is initiated under section #gba of the ,defense ,production ,act of #aiej on or after the date that is #cj days after the publication in the ,federal ,register of the notice required under subsection 7e77#b74 7c7 ,regulations 7#a7 ,in general ,the ,committee on ,foreign ,investment in the ,united ,states 7in this section referred to as the ,committee71 which shall include the ,secretary of ,education for purposes of this subsection1 shall prescribe regulations as necessary and appropriate to implement the amendments made by subsection 7a74 7#b7 ,elements ,the regulations prescribed under paragraph 7#a7 shall include-- 7,a7 regulations accounting for the burden on institutions of higher education likely to result from compliance with the amendments made by subsection 7a71 including structuring penalties and filing fees to reduce such burdens1 shortening timelines for reviews and investigations1 allowing for simplified and streamlined declaration and notice requirements1 and implementing any procedures necessary to protect academic freedom2 and 7,b7 guidance with respect to-- 7i7 which gifts and contracts described in described in clause 7vi77,,ii77aa7 of subsection 7a77#d77;,b7 of section #gba of the ,defense ,production ,act of #aiej1 as added by subsection 7a77#a71 would be subject to filing mandatory declarations under subsection 7b77#a77;,c77v77,,iv7 of that section2 and 7ii7 the meaning of control1 as defined in subsection 7a7 of that section1 as that term applies to covered transactions described in clause 7vi7 of paragraph 7#d77;,b7 of that section1 as added by subsection 7a77#a74 7#c7 ,issuance of final rule ,the ,committee shall issue a final rule to carry out the amendments made by subsection 7a7 after assessing the findings of the pilot program required by subsection 7e74 7d7 ,pilot program 7#a7 ,in general ,beginning on the date that is #cj days after the publication in the ,federal ,register of the matter required by paragraph 7#b7 and ending on the date that is #egj days thereafter1 the ,committee shall conduct a pilot program to assess methods for implementing the review of covered transactions described in clause 7vi7 of section #gba7;a77#d77;,b7 of the ,defense ,production ,act of #aiej1 as added by subsection 7a77#a74 7#b7 ,proposed determination ,not later than #bgj days after the date of the enactment of this ,act1 the ,committee shall1 in consultation with the ,secretary of ,education1 publish in the ,federal ,register-- 7,a7 a proposed determination of the scope of and procedures for the pilot program required by paragraph 7#a72 7,b7 an assessment of the burden on institutions of higher education likely to result from compliance with the pilot program2 7,c7 recommendations for addressing any such burdens1 including shortening timelines for reviews and investigations1 structuring penalties and filing fees1 and simplifying and streamlining declaration and notice requirements to reduce such burdens2 and 7,d7 any procedures necessary to ensure that the pilot program does not infringe upon academic freedom4 7#c7 ,report on findings ,upon conclusion of the pilot program required by paragraph 7#a71 the ,committee shall submit to ,congress a report on the findings of that pilot program that includes-- 7,a7 a summary of the reviews conducted by the ,committee under the pilot program and the outcome of such reviews2 7,b7 an assessment of any additional resources required by the ,committee to carry out this section or the amendments made by subsection 7a72 7,c7 findings regarding the additional burden on institutions of higher education likely to result from compliance with the amendments made by subsection 7a7 and any additional recommended steps to reduce those burdens2 and 7,d7 any recommendations for ,congress to consider regarding the scope or procedures described in this section or the amendments made by subsection 7a74 #ecj4 ,disclosures of foreign gifts and contracts at institutions of higher education 7a7 ,disclosures of foreign gifts ,section #aag of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f7 is amended to read as follows3 #aag4 ,disclosures of foreign gifts and agreements 7a7 ,disclosure reports 7#a7 ,aggregate gifts and contract disclosures ,an institution shall file a disclosure report described in subsection 7b7 with the ,secretary and the ,secretary of the ,treasury 7in the capacity of the ,secretary as the chairperson of the ,committee on ,foreign ,investment in the ,united ,states under section #gba7k77#c7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7k77#c777 not later than ,march #ca immediately following any calendar year in which the institution receives a gift from1 or enters into a contract with1 a foreign source1 the value of which is #ej1jjj or more1 considered alone or in combination with all other gifts from1 or contracts with1 that foreign source within the calendar year4 7#b7 ,disclosure of contracts with undetermined monetary value ,an institution shall file a disclosure report described in subsection 7b7 with the ,secretary and the ,secretary of the ,treasury 7in the capacity of the ,secretary as the chairperson of the ,committee on ,foreign ,investment in the ,united ,states under section #gba7k77#c7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7k77#c777 not later than ,march #ca immediately following any calendar year in which the institution enters into a contract with a foreign source that has an undetermined monetary value4 7#c7 ,foreign source ownership or control disclosures ,in the case of an institution that is owned or controlled by a foreign source1 the institution shall file a disclosure report described in subsection 7b7 with the ,secretary and the ,secretary of the ,treasury 7in the capacity of the ,secretary as the chairperson of the ,committee on ,foreign ,investment in the ,united ,states under section #gba7k77#c7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7k77#c777 not later than ,march #ca of every year4 7b7 ,contents of report ,each report to the ,secretary required by subsection 7a7 shall contain the following3 7#a7 7,a7 ,in the case of an institution required to file a report under paragraph 7#a7 or 7#b7 of subsection 7a7-- 7i7 for gifts received from or contracts entered into with a foreign government1 the aggregate amount of such gifts and contracts received from each foreign government1 including the content of each such contract2 and 7ii7 for gifts received from or contracts entered into with a foreign source other than a foreign government1 the aggregate dollar amount of such gifts and contracts attributable to a particular country and the legal or formal name of the foreign source1 and the content of each such contract4 7,b7 ,for purposes of this paragraph1 the country to which a gift is attributable is-- 7i7 the country of citizenship1 or if unknown1 the principal residence1 for a foreign source who is a natural person2 or 7ii7 the country of incorporation1 or if unknown1 the principal place of business1 for a foreign source which is a legal entity4 7#b7 ,in the case of an institution required to file a report under subsection 7a77#c7-- 7,a7 the information described in paragraph 7#a77;,a7 7without regard to any gift or contract threshold described in subsection 7a77#a772 7,b7 the identity of the foreign source that owns or controls the institution2 7,c7 the date on which the foreign source assumed ownership or control2 and 7,d7 any changes in program or structure resulting from the change in ownership or control4 7#c7 ,an assurance that the institution will maintain a true copy of each gift or contract agreement subject to the disclosure requirements under this section1 until the latest of-- 7,a7 the date that is #d years after the date of the agreement2 7,b7 the date on which the agreement terminates2 or 7,c7 the last day of any period that applicable ,state public record law requires a true copy of such agreement to be maintained4 7#d7 ,an assurance that the institution will produce true copies of gift and contract agreements subject to the disclosure requirements under this section upon request of the ,secretary during a compliance audit or other institutional investigation and shall ensure all gifts and contracts from the foreign source are translated into ,english by a third party unaffiliated with the foreign source or institution for this purpose4 7c7 ,additional disclosures for restricted and conditional gifts and contracts ,notwithstanding the provisions of subsection 7b71 whenever any institution receives a restricted or conditional gift or contract from a foreign source1 the institution shall disclose the following to the ,department translated into ,english by a third party unaffiliated with the foreign source or institution3 7#a7 ,for such gifts received from or contracts entered into with a foreign source other than a foreign government1 the amount1 the date1 and a description of such conditions or restrictions4 ,the report shall also disclose the country of citizenship1 or if unknown1 the principal residence for a foreign source which is a natural person1 and the country of incorporation1 or if unknown1 the principal place of business for a foreign source which is a legal entity4 7#b7 ,for gifts received from or contracts entered into with a foreign government1 the amount1 the date1 a description of such conditions or restrictions1 and the name of the foreign government4 7d7 ,relation to other reporting requirements 7#a7 ,state requirements ,if an institution that is required to file a disclosure report under subsection 7a7 is within a ,state which has enacted requirements for public disclosure of gifts from or contracts with a foreign source that includes all information required under this section for the same or an equivalent time period1 a copy of the disclosure report filed with the ,state may be filed with the ,secretary and the ,secretary of the ,treasury in lieu of the report required under such subsection4 ,the ,state in which the institution is located shall provide to the ,secretaries such assurances as the ,secretaries may require to establish that the institution has met the requirements for public disclosure under ,state law if the ,state report is filed4 7#b7 ,use of other federal reports ,if an institution receives a gift from1 or enters into a contract with1 a foreign source1 where any other department1 agency1 or bureau of the executive branch requires a report containing all the information required under this section for the same or an equivalent time period1 a copy of the report may be filed with the ,secretary and the ,secretary of the ,treasury in lieu of a report required under subsection 7a74 7e7 ,confucius ,institute agreements 7#a7 ,defined term ,in this subsection1 the term ,confucius ,institute means a cultural institute directly or indirectly funded by the ,government of the ,people's ,republic of ,china4 7#b7 ,disclosure requirement ,any institution that has entered into an agreement with a ,confucius ,institute shall immediately make the full text of such agreement available-- 7,a7 on the publicly accessible website of the institution2 7,b7 to the ,department of ,education2 7,c7 to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,d7 to the ,committee on ,education and ,labor of the ,house of ,representatives4 7#c7 ,in subsection 7i71 as redesignated-- 7,a7 in paragraph 7#b71 by amending subparagraph 7,a7 to read as follows3 7,a7 a foreign government1 including-- 7i7 any agency of a foreign government1 and any other unit of foreign governmental authority1 including any foreign national1 ,state1 local1 and municipal government2 7ii7 any international or multinational organization whose membership is composed of any unit of foreign government described in clause 7i72 and 7iii7 any agent or representative of any such unit or such organization1 while acting as such2 2 and 7,b7 in paragraph 7#c71 by inserting before the semicolon at the end the following3 1 or the fair market value of an in-kind gift4 7f7 ,public disclosure and modification of reports 7#a7 ,in general ,not later than #cj days after receiving a disclosure report under this section1 the ,secretary shall make such report electronically available to the public for downloading on a searchable database under which institutions can be individually identified and compared4 7#b7 ,modifications ,the ,secretary shall incorporate a process permitting institutions to revise and update previously filed disclosure reports under this section to ensure accuracy1 compliance1 and ability to cure4 7g7 ,sanctions for noncompliance 7#a7 ,in general ,as a sanction for noncompliance with the requirements under this section1 the ,secretary may impose a fine on an institution that in any year knowingly or willfully violates this section1 that is-- 7,a7 in the case of a failure to disclose a gift or contract with a foreign source as required under this section or to comply with the requirements of subsection 7b77#d71 in an amount that is not less than #bej but not more than the amount of the gift or contract with the foreign source2 or 7,b7 in the case of any violation of the requirements of subsection 7a77#c71 in an amount that is not more than #be percent of the total amount of funding received by the institution under this ,act4 7#b7 ,repeated failures 7,a7 ,knowing and willful failures ,in addition to a fine for a violation in any year in accordance with paragraph 7#a7 and subject to subsection 7e77#b71 the ,secretary shall impose a fine on an institution that knowingly and willfully fails in #c consecutive years to comply with the requirements of this section1 that is-- 7i7 in the case of a failure to disclose a gift or contract with a foreign source as required under this section or to comply with the requirements of subsection 7b77#d71 in an amount that is not less than #ajj1jjj but not more than twice the amount of the gift or contract with the foreign source2 or 7ii7 in the case of any violation of the requirements of subsection 7a77#c71 in an amount that is not more than #be percent of the total amount of funding received by the institution under this ,act4 7,b7 ,administrative failures ,the ,secretary shall impose a fine on an institution that fails to comply with the requirements of this section in #c consecutive years1 in an amount that is not less than #bej but not more than the amount of the gift or contract with the foreign source4 7,c7 ,compliance plan requirement ,an institution that fails to file a disclosure report for a receipt of a gift from or contract with a foreign source in #b consecutive years1 shall be required to submit a compliance plan to ,secretary4 7h7 ,compliance officer ,any institution that is required to report a gift or contract under this section shall designate and maintain a compliance officer who-- 7#a7 shall be a current employee or legally authorized agent of such institution2 and 7#b7 shall be responsible1 on behalf of the institution1 for compliance with the foreign gift reporting requirement under this section and section #abd1 if applicable4 7i7 ,single point of contact ,the ,secretary shall maintain a single point of contact to-- 7#a7 receive and respond to inquiries and requests for technical assistance from institutions of higher education regarding compliance with the requirements of this section2 and 7#b7 coordinate the disclosure of information on the searchable database1 and process for modifications of disclosures and ability to cure1 as described in subsection 7e74 7j7 ,treatment of certain payments and gifts 7#a7 ,exclusions ,the following shall not be considered a gift from a foreign source under this section3 7,a7 ,any payment of one or more elements of a student's cost of attendance 7as defined in section #dgb7 to an institution by1 or scholarship from1 a foreign source who is a natural person1 acting in their individual capacity and not as an agent for1 at the request or direction of1 or on behalf of1 any person or entity 7except the student71 made on behalf of no more than #ae students that is not made under contract with such foreign source1 except for the agreement between the institution and such student covering one or more elements of such student's cost of attendance4 7,b7 ,assignment or license of registered industrial and intellectual property rights1 such as patents1 utility models1 trademarks1 or copyrights1 or technical assistance1 that are not identified as being associated with a national security risk or concern by the ,federal ,research ,security ,council as described under section #gijb of title #ca1 ,united ,states ,code1 as added by section #ddic of the ,securing ,america's ,future ,act4 7#b7 ,inclusions ,any gift to1 or contract with1 an entity or organization1 such as a research foundation1 that operates substantially for the benefit or under the auspices of an institution shall be considered a gift to or with respectively1 such institution4 7k7 ,definitions ,in this section-- 7#a7 the term contract-- 7,a7 means any-- 7i7 agreement for the acquisition by purchase1 lease1 or barter of property or services by the foreign source1 for the direct benefit or use of either of the parties1 except as provided in subparagraph 7,b72 or 7ii7 affiliation1 agreement1 or similar transaction with a foreign source and is based on the use or exchange of an institution's name1 likeness1 time1 services1 or resources1 except as provided in subparagraph 7,b72 and 7,b7 does not include any agreement made by an institution located in the ,united ,states for the acquisition1 by purchase1 lease1 or barter1 of property or services from a foreign source2 7#b7 the term foreign source means-- 7,a7 a foreign government1 including an agency of a foreign government2 7,b7 a legal entity1 governmental or otherwise1 created under the laws of a foreign state or states2 7,c7 an individual who is not a citizen or a national of the ,united ,states or a trust territory or protectorate thereof2 and 7,d7 an agent1 including a subsidiary or affiliate of a foreign legal entity1 acting on behalf of a foreign source2 7#c7 the term gift means any gift of money1 property1 resources1 staff1 or services2 7#d7 the term institution means an institution of higher education1 as defined in section #ajb1 or1 if a multicampus institution1 any single campus of such institution1 in any ,state2 and 7#e7 the term restricted or conditional gift or contract means any endowment1 gift1 grant1 contract1 award1 present1 or property of any kind which includes provisions regarding-- 7,a7 the employment1 assignment1 or termination of faculty2 7,b7 the establishment of departments1 centers1 institutes1 instructional programs1 research or lecture programs1 or new faculty positions2 7,c7 the selection or admission of students2 or 7,d7 the award of grants1 loans1 scholarships1 fellowships1 or other forms of financial aid restricted to students of a specified country1 religion1 sex1 ethnic origin1 or political opinion4 4 7b7 ,policy regarding conflicts of interest from foreign gifts and contracts ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by adding at the end the following3 #abd4 ,institutional policy regarding foreign gifts and contracts to faculty and staff 7a7 ,requirement ,to maintain policy and database ,each institution of higher education described in subsection 7b7 shall-- 7#a7 maintain a policy requiring faculty1 professional staff1 and other staff engaged in research and development 7as determined by the institution7 employed at such institution to disclose to such institution any gifts received from1 or contracts entered into with1 a foreign source2 7#b7 maintain a searchable database of information disclosed in paragraph 7#a7 for the previous five years1 except an institution shall not be required to include in the database gifts or contracts received or entered into before the date of enactment of the ,securing ,america's ,future ,act2 and 7#c7 maintain a plan to effectively identify and manage potential information gathering by foreign sources through espionage targeting faculty1 professional staff1 and other staff engaged in research and development 7as determined by the institution7 that may arise from gifts received from1 or contracts entered into with1 a foreign source1 including through the use of periodic communications and enforcement of the policy described in paragraph 7#a74 7b7 ,institutions ,an institution of higher education shall be subject to the requirements of this section if such institution-- 7#a7 is an institution of higher education as defined under section #ajb2 and 7#b7 had more than #e1jjj1jjj in research and development expenditures in any of the previous five years4 7c7 ,sanctions for noncompliance 7#a7 ,in general ,as a sanction for noncompliance with the requirements under this section1 the ,secretary may impose a fine on an institution that in any year knowingly or willfully violates this section1 in an amount that is not less than #bej but not more than #a1jjj4 7#b7 ,second failure ,in addition to a fine for a violation in accordance with paragraph 7#a71 the ,secretary shall impose a fine on an institution that knowingly1 willfully1 and repeatedly fails to comply with the requirements of this section in a second consecutive year in an amount that is not less than #a1jjj but not more than #be1jjj4 7#c7 ,third and additional failures ,in addition to a fine for a violation in accordance with paragraph 7#a7 or 7#b71 the ,secretary shall impose a fine on an institution that knowingly1 willfully1 and repeatedly fails to comply with the requirements of this section in a third consecutive year1 or any consecutive year thereafter1 in an amount that is not less than #be1jjj but not more than #ej1jjj4 7#d7 ,administrative failures ,the ,secretary shall impose a fine on an institution that fails in #c consecutive years to comply with the requirements of this section in an amount that is not less than #bej but not more than #be1jjj4 7#e7 ,compliance plan requirement ,an institution that fails to comply with the requirements under this section for #b consecutive years shall be required to submit a compliance plan to the ,secretary4 7d7 ,definitions ,in this section-- 7#a7 the terms foreign source and gift have the meaning given the terms in section #aag2 7#b7 the term contract means any-- 7,a7 agreement for the acquisition by purchase1 lease1 or barter of property or services by the foreign source1 for the direct benefit or use of either of the parties2 or 7,b7 affiliation1 agreement1 or similar transaction with a foreign source based on the use or exchange of the name1 likeness1 time1 services1 or resources of faculty1 professional staff1 and other staff engaged in research and development 7as determined by the institution72 and 7#c7 the term professional staff means professional employees1 as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 4 7c7 ,regulations 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,education shall begin the negotiated rulemaking process under section #dib of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;a7 to carry out the amendments made by subsections 7a7 and 7b74 7#b7 ,issues ,regulations issued pursuant to paragraph 7#a7 to carry out the amendment made by subsection 7a7 shall1 at a minimum1 address the following issues3 7,a7 ,instructions on reporting structured gifts and contracts4 7,b7 ,the inclusion in institutional reports of gifts received from1 and contracts entered into with1 foreign sources by entities and organizations1 such as research foundations1 that operate substantially for the benefit or under the auspices of the institution4 7,c7 ,procedures to protect confidential or proprietary information included in gifts and contracts4 7,d7 ,the alignment of such regulations with the reporting and disclosure of foreign gifts or contracts required by other ,federal agencies4 7,e7 ,the treatment of foreign gifts or contracts involving research or technologies identified as being associated with a national security risk or concern by the ,federal ,research ,security ,council as described under section #gijb of title #ca1 ,united ,states ,code1 as added by section #ddic of this ,act4 7#c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect on the date on which the regulations issued under paragraph 7#a7 take effect4 ,,vi ,matters ,related to ,democracy1 ,human ,rights and ,taiwan #fja4 ,supporting a free and democratic ,china ,it is the policy of the ,united ,states to support a free and democratic ,china which respects the human rights and civil liberties of the people of ,china4 #fjb4 ,american ,institute in ,taiwan ,the position of ,director of the ,american ,institute in ,taiwan's ,taipei office shall be subject to the advice and consent of the ,senate1 and effective upon enactment of this ,act shall have the title of ,representative4 #fjc4 ,prohibitions against undermining ,united ,states policy regarding ,taiwan 7a7 ,finding ,congress finds that the efforts by the ,government of the ,people's ,republic of ,china 7,,prc7 and the ,chinese ,communist ,party to compel private ,united ,states businesses1 corporations1 and nongovernmental entities to use ,,prc-mandated language to describe the relationship between ,taiwan and ,china are an intolerable attempt to enforce political censorship globally and should be considered an attack on the fundamental underpinnings of all democratic and free societies1 including the constitutionally protected right to freedom of speech4 7b7 ,sense of congress ,it is the sense of ,congress that the ,united ,states ,government1 in coordination with ,united ,states businesses and nongovernmental entities1 should formulate a code of conduct for interacting with the ,government of the ,people's ,republic of ,china and the ,chinese ,communist ,party and affiliated entities1 the aim of which is-- 7#a7 to counter ,,prc sharp power operations1 which threaten free speech1 academic freedom1 and the normal operations of ,united ,states businesses and nongovernmental entities2 and 7#b7 to counter ,,prc efforts to censor the way the world refers to issues deemed sensitive to the ,government of the ,people's ,republic of ,china and ,chinese ,communist ,party leaders1 including issues related to ,taiwan1 ,tibet1 the ,tiananmen ,square ,massacre1 and the mass internment of ,uyghurs and other ,turkic ,muslims1 among many other issues4 7c7 ,prohibition on recognition of ,,prc claims to sovereignty over ,taiwan 7#a7 ,sense of congress ,it is the sense of ,congress that-- 7,a7 issues related to the sovereignty of ,taiwan are for the people of ,taiwan to decide through the democratic process they have established2 7,b7 the dispute between the ,people's ,republic of ,china and ,taiwan must be resolved peacefully and with the assent of the people of ,taiwan2 7,c7 the primary obstacle to peaceful resolution is the authoritarian nature of the ,,prc political system under one-party rule of the ,chinese ,communist ,party1 which is fundamentally incompatible with ,taiwan's democracy2 and 7,d7 any attempt to coerce the people of ,taiwan to accept a political arrangement that would subject them to direct or indirect rule by the ,,prc1 including a one country1 two systems framework1 would constitute a grave challenge to ,united ,states security interests in the region4 7#b7 ,statement of policy ,it is the policy of the ,united ,states to oppose any attempt by the ,,prc authorities to unilaterally impose a timetable or deadline for unification on ,taiwan4 7#c7 ,prohibition on recognition of prc claims without assent of people of taiwan ,no department or agency of the ,united ,states ,government may formally or informally recognize ,,prc claims to sovereignty over ,taiwan without the assent of the people of ,taiwan1 as expressed directly through the democratic process4 7#d7 ,treatment of taiwan government 7,a7 ,in general ,the ,department of ,state and other ,united ,states ,government agencies shall treat the democratically elected government of ,taiwan as the legitimate representative of the people of ,taiwan and end the outdated practice of referring to the government in ,taiwan as the authorities4 ,notwithstanding the continued supporting role of the ,american ,institute in ,taiwan in carrying out ,united ,states foreign policy and protecting ,united ,states interests in ,taiwan1 the ,united ,states ,government shall not place any restrictions on the ability of officials of the ,department of ,state and other ,united ,states ,government agencies from interacting directly and routinely with counterparts in the ,taiwan government4 7,b7 ,rule of construction ,nothing in this paragraph shall be construed as entailing restoration of diplomatic relations with the ,republic of ,china1 which were terminated on ,january #a1 #aigi1 or altering the ,united ,states ,government's position on ,taiwan's international status4 7d7 ,strategy ,to protect ,united ,states businesses and nongovernmental entities from coercion ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of ,commerce1 the ,secretary of the ,treasury1 and the heads of other relevant ,federal agencies1 shall submit an unclassified report1 with a classified annex if necessary1 to protect ,united ,states businesses and nongovernmental entities from sharp power operations1 including coercion and threats that lead to censorship or self-censorship1 or which compel compliance with political or foreign policy positions of the ,government of the ,people's ,republic of ,china and the ,chinese ,communist ,party4 ,the strategy shall include the following elements3 7#a7 ,information on efforts by the ,government of the ,people's ,republic of ,china to censor the websites of ,united ,states airlines1 hotels1 and other businesses regarding the relationship between ,taiwan and the ,people's ,republic of ,china4 7#b7 ,information on efforts by the ,government of the ,people's ,republic of ,china to target ,united ,states nongovernmental entities through sharp power operations intended to weaken support for ,taiwan4 7#c7 ,information on ,united ,states ,government efforts to counter the threats posed by ,chinese state-sponsored propaganda and disinformation1 including information on best practices1 current successes1 and existing barriers to responding to this threat4 7#d7 ,details of any actions undertaken to create a code of conduct pursuant to subsection 7b7 and a timetable for implementation4 #fjd4 ,negotiation of a free trade agreement with ,taiwan ,subject to section #fje1 the ,president is authorized to enter into an agreement with ,taiwan consistent with the policy described in section #fjc1 and the provisions of section #aea7;c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baia7;c77 shall apply with respect to a bill to implement such agreement4 #fje4 ,introduction and fast track consideration of implementing bill 7a7 ,introduction in house of representatives and senate ,whenever the ,president submits to ,congress a bill to implement a trade agreement described in section #fjd1 the bill shall be introduced 7by request7 in the ,house of ,representatives and in the ,senate as described in section #aea7;c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baia7;c774 7b7 ,permissible content in implementing legislation ,a bill to implement a trade agreement described in section #fjd shall contain provisions that are necessary to implement the trade agreement1 and shall include trade-related labor and environmental protection standards1 but may not include amendments to title ,,vii of the ,tariff ,act of #aicj1 title ,,ii of the ,trade ,act of #aigd1 or any antitrust law of the ,united ,states4 7c7 ,applicability of fast track procedures ,section #aea of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baia7 is amended-- 7#a7 in subsection 7b77#a71 by inserting section #fjd of the ,countering ,communist ,china ,act1 after section #bhb of the ,uruguay ,round ,agreements ,act12 and 7#b7 in subsection 7c77#a71 by inserting section #fjd of the ,countering ,communist ,china ,act1 after the ,uruguay ,round ,agreements ,act14 #fjf4 ,strategy to address genocide in the ,xinjiang ,uyghur ,autonomous ,region 7a7 ,strategy required ,not later than #fj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a report that includes a strategy specifically describing-- 7#a7 the steps already taken to tangibly address atrocity crimes occurring in the ,xinjiang ,uyghur ,autonomous ,region1 especially during the period following the ,january #ai1 #bjba1 determination that genocide and crimes against humanity were occurring in the ,xinjiang ,uyghur ,autonomous ,region2 and 7#b7 a strategy for ending the atrocity crimes occurring in the ,xinjiang ,uyghur ,autonomous ,region1 including by-- 7,a7 holding accountable persons or entities responsible for committing such atrocity crimes by addressing1 through existing or new export controls or import restrictions1 the issues of mass biometric surveillance and forced labor programs in ,china2 7,b7 gaining access for ,united ,nations1 ,united ,states1 and other diplomats and foreign journalists to the ,xinjiang ,uyghur ,autonomous ,region2 and 7,c7 protecting ,uyghurs1 ,kazakhs1 ,kyrgyz1 and other ethnic minorities affected by the atrocities committed by the ,government of the ,people's ,republic of ,china4 7b7 ,form and publication ,the report required under subsection 7b7 shall be submitted in unclassified form and shall be made publicly available1 but may include a classified annex4 7c7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 ,the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,senate4 #fjg4 ,sanctions with respect to individuals committing responsible for or complicit in forced sterilizations1 forced abortions1 or other sexual violence 7a7 ,statement of policy ,it is the policy of the ,united ,states to consider any foreign person or entity responsible for1 complicit in1 or having directly or indirectly engaged in forced sterilizations1 forced abortions1 or other sexual violence targeting any individual in the ,xinjiang ,uyghur ,autonomous ,region as having committed gross violations of internationally recognized human rights for purposes of imposing the sanctions detailed in the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #bfef note74 7b7 ,denial of entry for foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy ,section #hja of the ,admiral ,james ,w4 ,nance and ,meg ,donovan ,foreign ,relations ,authorization ,act1 ,fiscal ,years #bjjj and #bjja 7,public ,law #ajf-aac2 #h ,u4,s4,c4 #aahb;e7 is amended-- 7#a7 in subsection 7b71 by striking minister4 and inserting minister1 unless-- 7#a7 the ,secretary of ,state makes a public determination that the forced sterilizations1 forced abortions1 or other coercive population control policies were being committed or enforced with the intent to destroy1 in whole or in part1 a national1 ethnic1 racial or religious group and therefore constitute genocide or crimes against humanity2 or 7#b7 the ,secretary of ,state finds that such coercive population control policies were targeting ,uyghurs1 ,kazakhs1 ,tibetan or other ethnic minorities or individuals peacefully expressing internationally recognized human rights in the ,people's ,republic of ,china4 2 7#b7 in subsection 7c71 by striking national interest and inserting national security interest2 and 7#c7 by adding at the end the following new subsections3 7d7 ,notice ,the ,secretary of ,state shall make a public announcement each time sanctions are imposed under this section as a result of a determination or finding described in subsection 7b77#a7 or 7b77#b71 respectively4 7e7 ,information requested by congress ,the ,secretary of ,state shall1 upon request of a ,member of ,congress-- 7#a7 provide information about the use of the sanctions described in this section1 including the number of times imposed1 disaggregated by country and by year2 or 7#b7 provide a classified briefing that includes information about the individuals or entities sanctioned pursuant to this section and any other ,act authorizing sanctions with respect to the conduct of such individuals or entities4 4 #fjh4 ,sense of ,congress on the #bjbb ,winter ,olympics ,it is the sense of ,congress that1 consistent with the principles of the ,international ,olympic ,committee1 unless the ,government of the ,people's ,republic of ,china demonstrates significant progress in securing fundamental human rights1 including the freedoms of religion1 speech1 movement1 association1 and assembly1 the ,international ,olympic ,committee should rebid the #bjbb ,winter ,olympics to be hosted by a country that recognizes and respects human rights4 #fji4 ,limitations on funds made available for the ,united ,nations ,population ,fund ,chapter #c of part ,i of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbba et seq47 is amended by adding at the end the following3 #cjh4 ,limitations on funds made available for the ,united ,nations ,population ,fund 7a7 ,availability of funds 7#a7 ,in general ,funds made available to carry out this part for the ,united ,nations ,population ,fund 7,,unfpa7 that are not made available for ,,unfpa because of the operation of any provision of law shall be transferred to the ,global ,health ,programs account and shall be made available for family planning1 maternal1 and reproductive health activities4 7#b7 ,notification ,the ,president shall notify the appropriate congressional committees of any transfer of funds under this subsection not later than #aj days after the date on which funds are so transferred4 7b7 ,prohibition on use of funds in china ,none of the funds made available to carry out this part may be used by ,,unfpa for a country program in the ,people's ,republic of ,china4 7c7 ,conditions on availability of funds ,funds made available to carry out this part for ,,unfpa may not be made available unless-- 7#a7 ,,unfpa maintains funds made available to carry out this part in an account separate from other accounts of ,,unfpa and does not commingle such funds with other sums2 and 7#b7 ,,unfpa does not fund abortions4 7d7 ,report to congress and dollar-for-,dollar withholding of funds 7#a7 ,in general ,not later than #d months after the start of each fiscal year1 the ,secretary of ,state shall submit to the appropriate congressional committees a report indicating the amount of funds that ,,unfpa is budgeting for the year in which the report is submitted for a country program in the ,people's ,republic of ,china4 7#b7 ,deduction of funds ,if a report under paragraph 7#a7 indicates that ,,unfpa plans to spend funds for a country program in the ,people's ,republic of ,china in the year covered by the report1 then an amount of funds equal to the amount of funds ,,unfpa plans to spend in the ,people's ,republic of ,china shall be deducted from the funds made available to ,,unfpa after ,march #a for obligation for the remainder of the fiscal year in which the report is submitted4 7e7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,appropriations and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7#b7 the ,committee on ,appropriations and the ,committee on ,foreign ,relations of the ,senate4 4 #faj4 ,prohibition on use of funds for abortions and involuntary sterilizations ,section #ajd7;f7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea;b7f77 is amended by adding at the end the following3 7#d7 ,none of the funds made available to carry out this ,act nor any unobligated balances from prior appropriations ,acts may be made available to any organization or program which supports or participates in the management of a program of coercive abortion or involuntary sterilization4 4 #faa4 ,prohibition on certain funding relating to provision of an open platform for ,china 7a7 ,funding prohibition ,notwithstanding any other provision of law1 no funding made available to the ,united ,states ,agency for ,global ,media 7,,usagm7 may be used to provide an open platform for representatives of the ,people's ,republic of ,china 7,,prc71 members of the ,chinese ,communist ,party 7,,ccp71 or any entity owned or controlled by the ,,prc or ,,ccp4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,,usagm shall submit to the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate a report describing whether or not any of its broadcast entities1 including its grantee organizations1 has provided at any time during the five year period immediately preceding such report an open platform for representatives of the ,,prc1 members of the ,,ccp1 or any entity owned or controlled by the ,,prc or ,,ccp4 ,such report shall be made available on a publicly available website by the ,federal ,government4 #fab4 ,establishment of new ,mandarin ,chinese language platforms of the ,united ,states ,agency for ,global ,media 7a7 ,in general ,the ,chief ,executive ,officer of the ,united ,states ,agency for ,global ,media 7,,usagm7 shall establish new platforms in the ,mandarin ,chinese language1 including new social media accounts1 an internet website hosting radio channels and video and audio podcasts1 and an interactive website and mobile application1 for the following purposes3 7#a7 ,exposing the corruption and human rights abuses of the ,chinese ,communist ,party4 7#b7 ,supporting the right for the people of the ,people's ,republic of ,china to live in democracy4 7#c7 ,explaining the failures of ,communism4 7#d7 ,explaining to a ,chinese audience the concepts of rule of law1 constitutionalism1 limited government1 separation of powers1 democracy1 and human rights4 7#e7 ,highlighting the voices of ,chinese civil society1 democracy activists1 and opposition movements advocating for a free and democratic ,china4 7b7 ,strategy ,in carrying out subsection 7a71 the ,chief ,executive ,officer of ,,usagm shall develop a strategy for-- 7#a7 bypassing the firewall and internet censorship of the ,people's ,republic of ,china2 and 7#b7 supporting programs for bypassing such firewall and internet censorship in order to reach the people of ,china4 #fac4 ,annual meetings of interparliamentary group between ,congress and ,legislature of ,taiwan 7a7 ,meetings ,the ,speaker of the ,house of ,representatives and the ,president pro tempore of the ,senate shall each appoint members to serve on an interparliamentary group which will meet annually with representatives of the ,legislative ,yuan of ,taiwan to discuss areas of mutual interest between the ,united ,states and ,taiwan1 including-- 7#a7 deterring military aggression by the ,people's ,republic of ,china and countering the malign influence of the ,chinese ,communist ,party in both the ,united ,states and ,taiwan2 7#b7 strengthening security cooperation between the ,united ,states and ,taiwan2 and 7#c7 enhancing bilateral trade between the ,united ,states and ,taiwan4 7b7 ,appointment of members 7#a7 ,house ,the ,speaker of the ,house of ,representatives shall appoint #f ,members of the ,house to serve on the group under this section1 based on recommendations made by the ,majority ,leader and the ,minority ,leader of the ,house1 and shall designate one of the ,members as the co-chair of the group4 7#b7 ,senate ,the ,president pro tempore of the ,senate shall appoint #f ,senators to serve on the group under this section1 based on recommendations made by the ,majority ,leader and the ,minority ,leader of the ,senate1 and shall designate one of the ,senators as the co-chair of the group4 7c7 ,source of funding ,of the amounts obligated and expended to carry out this section-- 7#a7 #ej percent shall be derived from the applicable accounts of the ,house of ,representatives2 and 7#b7 #ej percent shall be derived form the contingent fund of the ,senate4 7d7 ,repeal of existing interparliamentary group between ,senate and ,people's ,republic of ,china ,section #aec of the ,miscellaneous ,appropriations and ,offsets ,act1 #bjjd 7#bb ,u4,s4,c4 #bgfn7 is hereby repealed4 #fad4 ,prohibition on importation of goods made in the ,xinjiang ,uyghur ,autonomous ,region 7a7 ,in general ,except as provided in subsection 7b71 all goods1 wares1 articles1 and merchandise mined1 produced1 or manufactured wholly or in part in the ,xinjiang ,uyghur ,autonomous ,region of ,china1 or by persons working with the ,xinjiang ,uyghur ,autonomous ,region government for purposes of the 8poverty alleviation0 program or the pairing-assistance program which subsidizes the establishment of manufacturing facilities in the ,xinjiang ,uyghur ,autonomous ,region1 shall be deemed to be goods1 wares1 articles1 and merchandise described in section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg7 and shall not be entitled to entry at any of the ports of the ,united ,states4 7b7 ,exception ,the prohibition described in subsection 7a7 shall not apply if the ,commissioner of ,u4,s4 ,customs and ,border ,protection-- 7#a7 determines1 by clear and convincing evidence1 that any specific goods1 wares1 articles1 or merchandise described in subsection 7a7 were not produced wholly or in part by convict labor1 forced labor1 or indentured labor under penal sanctions2 and 7#b7 submits to the appropriate congressional committees and makes available to the public a report that contains such determination4 7c7 ,effective date ,this section shall take effect on the date that is #abj days after the date of the enactment of this ,act4 ,,vii ,matters ,related to ,defense #gja4 ,modification to use of emergency sanctions authorities regarding ,communist ,chinese military companies 7a7 ,in general ,section #abcg7;a77#a7 of the ,strom ,thurmond ,national ,defense ,authorization ,act for ,fiscal ,year #aiii 7#ej ,u4,s4,c4 #agja note7 is amended-- 7#a7 by striking may exercise and inserting shall exercise2 7#b7 by striking clause 7ii72 7#c7 in the matter preceding clause 7i71 by striking that-- and inserting that is engaged in providing commercial services1 manufacturing1 producing1 or exporting and--2 7#d7 in clause 7i71 by striking 2 and and inserting 2 or2 and 7#e7 by adding at the end the following new clause3 7ii7 7,i7 is owned or controlled by1 or affiliated with1 the ,chinese ,communist ,party or any person who has ever been a delegate of a ,national ,people's ,congress of the ,chinese ,communist ,party2 and 7,,ii7 is engaged in significant investment in the sectors of fifth-generation wireless communications1 artificial intelligence1 advanced computing1 big data analytics1 autonomy1 robotics1 directed energy1 hypersonics1 or biotechnology4 4 7b7 ,extension of list requirement ,notwithstanding section #ajfa7;i77#f7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#aj ,u4,s4,c4 #aaa note71 the submission required by subsection 7b7 of section #abcg of the ,strom ,thurmond ,national ,defense ,authorization ,act for ,fiscal ,year #aiii-- 7#a7 shall not terminate on ,december #ca1 #bjba2 and 7#b7 shall continue in effect until ,december #ca1 #bjbf4 #gjb4 ,prohibition on use of funds to purchase goods or services from ,communist ,chinese military companies 7a7 ,in general ,none of the funds authorized to be appropriated or otherwise made available for fiscal year #bjbj and available for obligation as of the date of the enactment of this ,act1 or authorized to be appropriated or otherwise made available for fiscal year #bjba or any fiscal year thereafter1 may be obligated or expended to purchase goods or services from a person on the list required by section #abcg7;b7 of the ,strom ,thurmond ,national ,defense ,authorization ,act for ,fiscal ,year #aiii 7,public ,law #aje-bfa2 #ej ,u4,s4,c4 #agja note74 7b7 ,application to private entities and state and local governments 7#a7 ,in general ,the prohibition under subsection 7a7 includes a prohibition on the obligation or expenditure of funds described in that subsection for the purchase of goods or services from persons described in that subsection by a private entity or a ,state or local government that received such funds through a grant or any other means4 7#b7 ,certification required to receive future funds 7,a7 ,in general ,on and after the date of the enactment of this ,act1 the head of an executive agency shall ensure that funds described in subsection 7a7 are not provided to a private entity or a ,state or local government unless the entity or government certifies that the entity or government1 as the case may be1 is not purchasing goods or services from a person described in subsection 7a74 7,b7 ,review ,the head of an executive agency shall conduct a review of the use of funds described in subsection 7a7 that are provided to a private entity or a ,state or local government to ensure compliance with the requirements of subparagraph 7,a74 7c7 ,executive agency defined ,in this section1 the term executive agency has the meaning given that term in section #acc of title #da1 ,united ,states ,code4 #gjc4 ,enactment of ,executive ,order #aciei 7a7 ,in general ,the provisions of ,executive ,order #aciei 7#he ,fed4 ,reg4 #gcahe2 relating to addressing the threat from securities investments that finance ,communist ,chinese military companies 7,november #ab1 #bjbj771 as in effect on ,january #ad1 #bjba1 are enacted into law4 7b7 ,publication ,in publishing this ,act in slip form and in the ,united ,states ,statutes at ,large pursuant to section #aab of title #a1 ,united ,states ,code1 the ,archivist of the ,united ,states shall include after the date of approval at the end an appendix setting forth the text of the ,executive order referred to in subsection 7a71 as in effect on ,january #ad1 #bjba4 #gjd4 ,inclusion of certain ,chinese entities on the ,annex to ,executive ,order #aciei 7a7 ,in general ,notwithstanding any other provision of a law1 an entity described in subsection 7b7 shall be deemed to be included on the ,annex to ,executive ,order #aciei1 as in effect on ,january #ad1 #bjba1 and enacted into law by section #a7;a7 for purposes of carrying out the provisions of such ,executive order4 7b7 ,entity described ,an entity described in this subsection is an entity that-- 7#a7 is organized under the laws of the ,people's ,republic of ,china or otherwise subject to the jurisdiction of the ,government of the ,people's ,republic of ,china2 and 7#b7 is included on the list maintained and set forth in ,supplement ,no4 #d to part #gdd of the ,export ,administration ,regulations4 7c7 ,export administration regulations defined ,in this section1 the term ,export ,administration ,regulations means the regulations set forth in subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations1 or successor regulations4 #gje4 ,arms exports to ,india 7a7 ,eligibility for arms exports ,section #c of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgec7 is amended-- 7#a7 in subsection 7b77#b71 by striking or the ,government of ,new ,zealand and inserting the ,government of ,new ,zealand1 or the ,government of ,india2 and 7#b7 in subsection 7d71 by striking or ,new ,zealand each place it appears and inserting ,new ,zealand1 or ,india4 7b7 ,sales from stocks ,section #ba of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfa7 is amended-- 7#a7 in subsection 7e77#b77;,a71 by striking or ,new ,zealand and inserting ,new ,zealand1 or ,india2 and 7#b7 in subsection 7h71 by striking or ,israel each place it appears and inserting ,israel1 or ,india4 7c7 ,reports on commercial and governmental military exports2 congressional action ,section #cf of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7 is amended by striking or ,new ,zealand each place it appears and inserting ,new ,zealand1 or ,india4 7d7 ,reports to the congress ,section #fb7;c77#a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgif;a7 is amended by striking or ,new ,zealand and inserting ,new ,zealand1 or ,india4 7e7 ,legislative review ,section #fc7;a77#b7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgif;b7 is amended by striking or ,new ,zealand and inserting ,new ,zealand1 or ,india4 ,,viii ,matters ,related to the ,protection of ,intellectual ,property #hja4 ,imposition of sanctions related to the theft of intellectual property 7a7 ,in general ,the ,president shall impose the sanctions described in subsection 7b7 with respect to each person described in subsection 7c7 the ,president determines1 on or after the date of enactment of this ,act1 operates in a sector of ,china's economy wherein persons have engaged in a pattern of significant theft of the intellectual property of a ,united ,states person1 or received the intellectual property of a ,united ,states person obtained through a pattern of significant theft4 7b7 ,sanctions imposed ,the sanctions described in this subsection are the following3 7#a7 ,asset blocking ,the exercise of all powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in all property and interests in property of a person described in subsection 7a7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,aliens ineligible for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,an alien described in subsection 7a7 is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,the issuing consular officer1 the ,secretary of ,state1 or the ,secretary of ,homeland ,security 7or a designee of one of such ,secretaries7 shall1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 revoke any visa or other entry documentation issued to an alien who the ,secretary of ,state or the ,secretary of ,homeland ,security 7or a designee of one of such ,secretaries7 determines is described in subsection 7a71 regardless of when the visa or other documentation is issued4 7ii7 ,effect of revocation ,a revocation under clause 7i7 shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien's possession4 7#c7 ,exception to comply with united nations headquarters agreement ,the authority to impose the sanctions described in paragraph 7#b77;,b7 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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7c7 ,persons described ,a person described in this section is one of the following3 7#a7 ,an individual who-- 7,a7 is a national of the ,people's ,republic of ,china or acting at the direction of a national or entity of the ,people's ,republic of ,china2 and 7,b7 is not a ,united ,states person4 7#b7 ,an entity that is-- 7,a7 organized under the laws of the ,people's ,republic of ,china or of any jurisdiction within the ,people's ,republic of ,china2 7,b7 owned or controlled by individuals who are nationals of the ,people's ,republic of ,china2 or 7,c7 owned or controlled by an entity described in subparagraph 7,a7 and is not a ,united ,states person4 7d7 ,penalties2 implementation 7#a7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7a7 or any regulation1 license1 or order issued to carry out subsection 7a7 shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7#b7 ,implementation ,the ,president may exercise all authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 for purposes of carrying out this section4 7e7 ,report required 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate a report that specifies each person the ,president determines meets the criteria described in subsection 7a7 for the imposition of sanctions4 7#b7 ,termination of sanctions ,the ,president may terminate sanctions imposed under subsection 7a7 with respect to a person if the ,president certifies to the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate that such person is no longer engaging in efforts to steal ,united ,states intellectual property4 7f7 ,waiver ,the ,president may waive the imposition of sanctions under subsection 7a7 on a case-by-case basis with respect to a person if the ,president-- 7#a7 certifies to the ,committee on ,foreign ,affairs and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,foreign ,relations and the ,committee on the ,judiciary of the ,senate that such waiver is in the national security interests of the ,united ,states2 and 7#b7 includes a justification for such certification4 7g7 ,definitions ,in this ,act3 7#a7 ,admitted2 alien ,the terms admitted and alien have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,united states person ,the term ,united ,states person means-- 7,a7 an individual who is a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states4 #hjb4 ,prohibition on use of funds ,none of the funds authorized to be appropriated or otherwise made available to the ,united ,states ,trade ,representative may be used to support1 allow1 or facilitate the negotiation or approval of-- 7#a7 the ,waiver from ,certain ,provisions of the ,,trips ,agreement for the ,prevention1 ,containment1 and ,treatment of ,,covid-#ai put forth by ,india and ,south ,africa2 or 7#b7 any other measure at the ,world ,trade ,organization to waive intellectual property rights4 #hjc4 ,prohibition on individuals with security clearances from being employed by certain entities 7a7 ,prohibition ,section #cjjb of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccdc7 is amended by adding at the end the following new subsection3 7e7 ,prohibition on certain employment 7#a7 ,prohibition ,a covered person may not be employed by1 contract with1 or otherwise receive funding from1 any covered entity during the following periods3 7,a7 ,a period in which the person holds a security clearance4 7,b7 ,the #e-year period beginning on the date that the security clearance of a person becomes inactive4 7#b7 ,penalties ,any person who knowingly violates the prohibition in paragraph 7#a7 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #e years1 or both4 7#c7 ,notification ,a person who holds a security clearance shall be notified of the prohibition in paragraph 7#a71 including a list of the covered entities1 as follows3 7,a7 ,at the time at which the person is issued the security clearance4 7,b7 ,at the time at which the security clearance of the person is renewed4 7,c7 ,at the time at which the security clearance of the person becomes inactive4 7#d7 ,covered entity 7,a7 ,definition ,subject to subparagraph 7,b71 in this subsection1 the term covered entity means any of the following entities 7including any subsidiary or affiliate of such entities73 7i7 ,huawei ,technologies ,company4 7ii7 ,,zte ,corporation4 7iii7 ,hytera ,communications ,corporation4 7iv7 ,hangzhou ,hikvision ,digital ,technology ,company4 7v7 ,dahua ,technology ,company4 7vi7 ,kaspersky ,lab4 7,b7 ,modifications ,the ,director of ,national ,intelligence1 in consultation with the ,secretary of ,defense or the ,director of the ,federal ,bureau of ,investigation1 may add or remove entities to the list of covered entities in subparagraph 7,a7 based on whether the ,director determines there is reasonable belief that the entity is owned or controlled by1 or otherwise connected to or receiving financial support from1 the government of the ,people's ,republic of ,china1 the government of the ,russian ,federation1 the government of the ,islamic ,republic of ,iran1 or the government of the ,democratic ,people's ,republic of ,korea4 4 7b7 ,application 7#a7 ,in general ,subsection 7e7 of section #cjjb of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccdc7 shall apply with respect to an individual who is employed by1 contracts with1 or otherwise receives funding from1 any covered entity under such subsection on or after the date of the enactment of this ,act4 7#b7 ,notification ,not later than #cj days after the date of the enactment of this ,act1 each person who holds a security clearance as of such date shall be notified of the prohibition in such subsection 7e71 including a list of the covered entities under such subsection4 #hjd4 ,restriction on issuance of visas 7a7 ,restriction ,the ,secretary of ,state may not issue a visa to1 and the ,secretary of ,homeland ,security shall deny entry to the ,united ,states of1 each of the following3 7#a7 ,senior officials in the ,chinese ,communist ,party1 including the ,politburo1 the ,central ,committee1 and each delegate to the #aith ,national ,congress of the ,chinese ,communist ,party4 7#b7 ,the spouses and children of the senior officials described in paragraph 7#a74 7#c7 ,members of the cabinet of the ,government of the ,people's ,republic of ,china4 7#d7 ,active duty members of the ,people's ,liberation ,army of ,china4 7b7 ,applicability ,the restriction under subsection 7a7 shall not apply for any year in which the ,director of ,national ,intelligence certifies to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate that the ,government of the ,people's ,republic of ,china has ceased sponsoring1 funding1 facilitating1 and actively working to support efforts to infringe on the intellectual property rights of citizens and companies of the ,united ,states4 #hje4 ,inter partes review 7a7 ,claim construction ,section #caf7;a7 of title #ce1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#i71 by inserting after substitute claims1 the following3 including the standard for how substitute claims should be construed12 7#b7 in paragraph 7#ab71 by striking 2 and and inserting a semicolon2 7#c7 in paragraph 7#ac71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following new paragraph3 7#ad7 providing that for all purposes under this chapter-- 7,a7 each challenged claim of a patent1 or claim proposed in a motion to amend1 shall be construed as the claim would be construed under section #bhb7;b7 in an action to invalidate a patent1 including by construing each such claim in accordance with-- 7i7 the ordinary and customary meaning of the claim as understood by a person having ordinary skill in the art to which the claimed invention pertains2 and 7ii7 the prosecution history pertaining to the patent2 and 7,b7 if a court has previously construed a challenged claim of a patent or a challenged claim term in a civil action to which the patent owner was a party1 the ,office shall consider that claim construction4 4 7b7 ,burden of proof ,section #caf7;e7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7e7 ,evidentiary standards 7#a7 ,presumption of validity ,the presumption of validity under section #bhb7;a7 shall apply to a previously issued claim that is challenged during an inter partes review under this chapter4 7#b7 ,burden of proof ,in an inter partes review instituted under this chapter1 the petitioner shall have the burden of proving a proposition of unpatentability of a previously issued claim by clear and convincing evidence4 4 7c7 ,standing ,section #caa of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 ,persons that may petition 7#a7 ,definition ,in this subsection1 the term charged with infringement means a real and substantial controversy regarding infringement of a patent exists such that the petitioner would have standing to bring a declaratory judgment action in ,federal court4 7#b7 ,necessary conditions ,a person may not file with the ,office a petition to institute an inter partes review of a patent unless the person1 or a real party in interest or privy of the person1 has been-- 7,a7 sued for infringement of the patent2 or 7,b7 charged with infringement under the patent4 4 7d7 ,limitation on reviews ,section #cad7;a7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7a7 ,threshold 7#a7 ,likelihood of prevailing ,subject to paragraph 7#b71 the ,director may not authorize an inter partes review to be instituted unless the ,director determines that the information presented in the petition filed under section #caa and any response filed under section #cac show that there is a reasonable likelihood that the petitioner would prevail with respect to at least one of the claims challenged in the petition4 7#b7 ,previous institution ,the ,director may not authorize an inter partes review to be instituted on a claim challenged in a petition if the ,director has previously instituted an inter partes review or post-grant review with respect to that claim4 4 7e7 ,reviewability of institution decisions ,section #cad of title #ce1 ,united ,states ,code1 is amended by striking subsection 7d7 and inserting the following3 7d7 ,no appeal 7#a7 ,nonappealable determinations 7,a7 ,threshold determination ,a determination by the ,director on the reasonable likelihood that the petitioner will prevail under subsection 7a77#a7 shall be final and nonappealable4 7,b7 ,denials of institution ,a determination by the ,director not to institute an inter partes review under this section shall be final and nonappealable4 7#b7 ,appealable determinations ,any aspect of a determination by the ,director to institute an inter partes review under this section1 other than a determination described in paragraph 7#a77;,a71 may be reviewed during an appeal of a final written decision issued under section #cah7;a74 4 7f7 ,eliminating repetitive proceedings ,section #cae7;e7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7e7 ,estoppel 7#a7 ,proceedings before the office ,a person petitioning for an inter partes review of a claim in a patent under this chapter1 or the real party in interest or privy of the petitioner1 may not petition for a subsequent inter partes review before the ,office with respect to that patent on any ground that the petitioner raised or reasonably could have raised in the initial petition1 unless1 after the filing of the initial petition1 the petitioner1 or the real party in interest or privy of the petitioner1 is charged with infringement of additional claims of the patent4 7#b7 ,civil actions and other proceedings ,a person petitioning for an inter partes review of a claim in a patent under this chapter that results in an institution decision under section #cad1 or the real party in interest or privy of the petitioner1 may not assert either in a civil action arising in whole or in part under section #acch of title #bh or in a proceeding before the ,international ,trade ,commission under section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg7 that the claim is invalid based on section #ajb or #ajc of this title1 unless the invalidity argument is based on allegations that the claimed invention was in public use1 on sale1 or otherwise available to the public before the effective filing date of the claimed invention4 4 7g7 ,real party in interest 7#a7 ,clarification of definition ,section #cae of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7f7 ,petitioner ,for purposes of this chapter1 a person that directly or through an affiliate1 subsidiary1 or proxy makes a financial contribution to the preparation for1 or conduct during1 an inter partes review on behalf of the petitioner shall be considered a real party in interest of the petitioner4 4 7#b7 ,discovery of real party in interest ,section #caf7;a77#e7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7#e7 setting forth standards and procedures for discovery of relevant evidence1 including that such discovery shall be limited to-- 7,a7 the deposition of witnesses submitting affidavits or declarations2 7,b7 evidence identifying the petitioner's real parties in interest2 and 7,c7 what is otherwise necessary in the interest of justice2 4 7h7 ,priority of ,federal court validity determinations 7#a7 ,in general ,section #cae of title #ce1 ,united ,states ,code1 as amended by subsections 7f7 and 7g71 is further amended-- 7,a7 by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively2 and 7,b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,federal court validity determinations 7#a7 ,institution barred ,an inter partes review of a patent claim may not be instituted if1 in a civil action arising in whole or in part under section #acch of title #bh or in a proceeding before the ,international ,trade ,commission under section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg71 a court has entered a final judgment-- 7,a7 that decides the validity of the patent claim with respect to section #ajb or #ajc2 and 7,b7 from which an appeal under section #abie of title #bh may be taken1 or from which an appeal under section #abie of title #bh was previously available but is no longer available4 7#b7 ,stay of proceedings 7,a7 ,in general ,if1 in a civil action arising in whole or in part under section #acch of title #bh or in a proceeding before the ,international ,trade ,commission under section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg71 a court has entered a final judgment that decides the validity of a patent claim with respect to section #ajb or #ajc and from which an appeal under section #abie of title #bh may be taken1 the ,patent ,trial and ,appeal ,board shall stay any ongoing inter partes review of that patent claim pending a final decision4 7,b7 ,termination ,if the validity of a patent claim described in subparagraph 7,a7 is finally upheld by a court or the ,international ,trade ,commission1 as applicable1 the ,patent ,trial and ,appeal ,board shall terminate the inter partes review4 4 7#b7 ,technical and conforming amendments ,chapter #ca of title #ce1 ,united ,states ,code1 is amended-- 7,a7 in section #cae7;b71 by striking subsection 7c7 and inserting subsection 7d72 7,b7 in section #caf7;a7-- 7i7 in paragraph 7#aa71 by striking section #cae7;c7 and inserting section #cae7;d72 and 7ii7 in paragraph 7#ab71 by striking section #cae7;c7 and inserting section #cae7;d72 and 7,c7 in section #cag7;a71 by striking section #cae7;e7 and inserting section #cae7;f74 #hjf4 ,post-grant review 7a7 ,claim construction ,section #cbf7;a7 of title #ce1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#i71 by inserting after substitute claims1 the following3 including the standard for how substitute claims should be construed12 7#b7 in paragraph 7#aa71 by striking 2 and and inserting a semicolon2 7#c7 in paragraph 7#ab71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following new paragraph3 7#ac7 providing that for all purposes under this chapter-- 7,a7 each challenged claim of a patent shall be construed as the claim would be construed under section #bhb7;b7 in an action to invalidate a patent1 including by construing each challenged claim of the patent in accordance with-- 7i7 the ordinary and customary meaning of the claim as understood by a person having ordinary skill in the art to which the claimed invention pertains2 and 7ii7 the prosecution history pertaining to the patent2 and 7,b7 if a court has previously construed a challenged claim of a patent or a challenged claim term in a civil action to which the patent owner was a party1 the ,office shall consider that claim construction4 4 7b7 ,burden of proof ,section #cbf7;e7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7e7 ,evidentiary standards 7#a7 ,presumption of validity ,the presumption of validity under section #bhb7;a7 shall apply to a previously issued claim that is challenged during a proceeding under this chapter4 7#b7 ,burden of proof ,in a post-grant review instituted under this chapter1 the petitioner shall have the burden of proving a proposition of unpatentability of a previously issued claim by clear and convincing evidence4 4 7c7 ,standing ,section #cba of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 ,persons that may petition 7#a7 ,definition ,in this subsection1 the term charged with infringement means a real and substantial controversy regarding infringement of a patent exists such that the petitioner would have standing to bring a declaratory judgment action in ,federal court4 7#b7 ,necessary conditions ,a person may not file with the ,office a petition to institute a post-grant review of a patent unless the person1 or a real party in interest or privy of the person1 demonstrates-- 7,a7 a reasonable possibility of being-- 7i7 sued for infringement of the patent2 or 7ii7 charged with infringement under the patent2 or 7,b7 a competitive harm related to the validity of the patent4 4 7d7 ,limitation on reviews ,section #cbd7;a7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7a7 ,threshold 7#a7 ,likelihood of prevailing ,subject to paragraph 7#b71 the ,director may not authorize a post-grant review to be instituted unless the ,director determines that the information presented in the petition filed under section #cba1 if such information is not rebutted1 would demonstrate that it is more likely than not that at least one of the claims challenged in the petition is unpatentable4 7#b7 ,previous institution ,the ,director may not authorize a post-grant review to be instituted on a claim challenged in a petition if the ,director has previously instituted an inter partes review or post-grant review with respect to that claim4 4 7e7 ,reviewability of institution decisions ,section #cbd of title #ce1 ,united ,states ,code1 is amended by striking subsection 7e7 and inserting the following3 7e7 ,no appeal 7#a7 ,non-appealable determinations 7,a7 ,threshold determination ,a determination by the ,director on the likelihood that the petitioner will prevail under subsection 7a77#a7 shall be final and nonappealable4 7,b7 ,exercise of discretion ,a determination by the ,director not to institute a post-grant review under this section shall be final and nonappealable4 7#b7 ,appealable determinations ,any aspect of a determination by the ,director to institute a post-grant review under this section1 other than a determination described in paragraph 7#a77;,a71 may be reviewed during an appeal of a final written decision issued under section #cbh7;a74 4 7f7 ,eliminating repetitive proceedings ,section #cbe7;e77#a7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7#a7 ,proceedings before the office ,a person petitioning for a post-grant review of a claim in a patent under this chapter1 or the real party in interest or privy of the petitioner1 may not petition for a subsequent post-grant review before the ,office with respect to that patent on any ground that the petitioner raised or reasonably could have raised in the initial petition1 unless1 after the filing of the initial petition1 the petitioner1 or the real party in interest or privy of the petitioner1 is charged with infringement of additional claims of the patent4 4 7g7 ,real party in interest 7#a7 ,clarification of definition ,section #cbe of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7g7 ,real party in interest ,for purposes of this chapter1 a person that directly or through an affiliate1 subsidiary1 or proxy1 makes a financial contribution to the preparation for1 or conduct during1 a post-grant review on behalf of the petitioner shall be considered a real party in interest of the petitioner4 4 7#b7 ,discovery of real party in interest ,section #cbf7;a77#e7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7#e7 setting forth standards and procedures for discovery of relevant evidence1 including that such discovery shall be limited to-- 7,a7 the deposition of witnesses submitting affidavits or declarations2 7,b7 evidence identifying the petitioner's real parties in interest2 and 7,c7 what is otherwise necessary in the interest of justice2 4 7h7 ,priority of ,federal court validity determinations 7#a7 ,in general ,section #cbe of title #ce1 ,united ,states ,code1 as amended by subsections 7f7 and 7g71 is further amended-- 7,a7 by redesignating subsections 7c7 through 7g7 as subsections 7d7 through 7h71 respectively2 and 7,b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,federal court validity determinations 7#a7 ,institution barred ,a post-grant review of a patent claim may not be instituted if1 in a civil action arising in whole or in part under section #acch of title #bh or in a proceeding before the ,international ,trade ,commission under section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg71 a court has entered a final judgment-- 7,a7 that decides the validity of the patent claim with respect to section #ajb or #ajc2 and 7,b7 from which an appeal under section #abie of title #bh may be taken1 or from which an appeal under section #abie of title #bh was previously available but is no longer available4 7#b7 ,stay of proceedings 7,a7 ,in general ,if1 in a civil action arising in whole or in part under section #acch of title #bh or in a proceeding before the ,international ,trade ,commission under section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg71 a court has entered a final judgment that decides the validity of a patent claim with respect to section #ajb or #ajc and from which an appeal under section #abie of title #bh may be taken1 the ,patent ,trial and ,appeal ,board shall stay any ongoing post-grant review of that patent claim pending a final decision4 7,b7 ,termination ,if the validity of a patent claim described in subparagraph 7,a7 is finally upheld by a court or the ,international ,trade ,commission1 as applicable1 the ,patent ,trial and ,appeal ,board shall terminate the post-grant review4 4 7#b7 ,technical and conforming amendments ,chapter #cb of title #ce1 ,united ,states ,code1 is amended-- 7,a7 in section #cbf7;a77#aa71 by striking section #cbe7;c7 and inserting section #cbe7;d72 and 7,b7 in section #cbg7;a71 by striking section #cbe7;e7 and inserting section #cbe7;f74 #hjg4 ,composition of post-grant review and inter partes review panels ,section #f7;c7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7c7 #c-,member panels 7#a7 ,in general ,each appeal1 derivation proceeding1 post-grant review1 and inter partes review shall be heard by at least #c members of the ,patent ,trial and ,appeal ,board1 who shall be designated by the ,director4 7#b7 ,ineligibility to hear review ,a member of the ,patent ,trial and ,appeal ,board who participates in the decision to institute a post-grant review or an inter partes review of a patent shall be ineligible to hear the review4 7#c7 ,rehearings ,only the ,patent ,trial and ,appeal ,board may grant rehearings4 4 #hjh4 ,reexamination of patents 7a7 ,request for reexamination ,section #cjb of title #ce1 ,united ,states ,code1 is amended to read as follows3 #cjb4 ,request for reexamination ,any person at any time may file a request for reexamination by the ,office of any claim of a patent on the basis of any prior art cited under the provisions of section #cja4 ,the request must be in writing and must be accompanied by payment of a reexamination fee established by the ,director pursuant to the provisions of section #da4 ,the request must identify all real parties in interest and certify that reexamination is not barred under section #cjc7;d74 ,the request must set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested4 ,unless the requesting person is the owner of the patent1 the ,director promptly will send a copy of the request to the owner of record of the patent4 4 7b7 ,reexamination barred by civil action ,section #cjc of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 ,an ex parte reexamination may not be instituted if the request for reexamination is filed more than #a year after the date on which the requester or a real party in interest or privy of the requester is served with a complaint alleging infringement of the patent4 4 #hji4 ,restoration of patents as property rights ,section #bhc of title #ce1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the several courts and inserting the following3 7a7 ,in general ,the several courts 2 and 7#b7 by adding at the end the following3 7b7 ,injunction ,upon a finding by a court of infringement of a patent not proven invalid or unenforceable1 the court shall presume that-- 7#a7 further infringement of the patent would cause irreparable injury2 and 7#b7 remedies available at law are inadequate to compensate for that injury4 4 #haj4 ,inventor protections 7a7 ,inventor-,owned patent protections ,chapter #cb of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new section3 #ccj4 ,inventor protections 7a7 ,protection from post issuance proceedings in the united states patent and trademark office ,the ,united ,states ,patent and ,trademark ,office shall not undertake a proceeding to reexamine1 review1 or otherwise make a determination about the validity of an inventor-owned patent without the consent of the patentee4 7b7 ,choice of venue ,any civil action for infringement of an inventor-owned patent or any action for a declaratory judgment that an inventor-owned patent is invalid or not infringed may be brought in a judicial district-- 7#a7 in accordance with section #adjj7;b7 of title #bh2 7#b7 where the defendant has agreed or consented to be sued in the instant action2 7#c7 where an inventor named on the patent in suit conducted research or development that led to the application for the patent in suit2 7#d7 where a party has a regular and established physical facility that such party controls and operates1 not primarily for the purpose of creating venue1 and has-- 7,a7 engaged in management of significant research and development of an invention claimed in a patent in suit prior to the effective filing date of the patent2 7,b7 manufactured a tangible good that is alleged to embody an invention claimed in a patent in suit2 or 7,c7 implemented a manufacturing process for a tangible good in which the process is alleged to embody an invention claimed in a patent in suit2 or 7#e7 in the case of a foreign defendant that does not meet the requirements of section #adjj7;b7 of title #bh1 in accordance with section #acia7;c77#c7 of such title4 4 #haa4 ,registration of agent 7a7 ,in general ,chapter #aij of title #bh1 ,united ,states ,code1 is amended by adding at the end the following new section3 #ejjb4 ,registration of an agent for the service of process on covered entities 7a7 ,in general ,a covered entity conducting business in the ,united ,states shall register with the ,department of ,commerce not less than one agent residing in the ,united ,states if the covered entity-- 7#a7 is owned by officers1 members1 or affiliates of the ,chinese ,communist ,party1 the ,people's ,liberation ,army of ,china1 or any governmental organ of the ,people's ,republic of ,china1 including regional and local governments2 7#b7 is traded in shares and such shares are held in majority by any individual or group of individuals who are officers1 members1 or affiliates of the ,chinese ,communist ,party1 the ,people's ,liberation ,army of ,china1 or any governmental organ of the ,people's ,republic of ,china1 including regional and local governments2 7#c7 is owned by individuals or other entities who reside or are headquartered outside of the ,united ,states and the majority of business earnings of the covered entity are derived from commerce with entities owned by officers1 members1 or affiliates of the ,chinese ,communist ,party1 the ,people's ,liberation ,army of ,china1 or any governmental organ of the ,people's ,republic of ,china1 including regional and local governments of the ,chinese ,communist ,party1 of the ,people's ,liberation ,army of ,china1 or in the ,people's ,republic of ,china2 or 7#d7 is organized under the laws of1 or has its principal place of business in1 the ,people's ,republic of ,china4 7b7 ,filing ,a registration required under subsection 7a7 shall be filed with the ,department of ,commerce not later than #cj days after-- 7#a7 the date of enactment of this ,act1 or 7#b7 the departure of the previously registered agent from employment or contract with the covered entity4 7c7 ,purpose of registered agent 7#a7 ,availability ,a covered entity shall ensure that not less than one registered agent on whom process may be served is available at the business address of the registered agent each day from #i a4m4 to #e p4m4 in the time zone of the business address1 excluding ,saturdays1 ,sundays1 and ,federal holidays4 7#b7 ,communication ,the registered agent shall be required to be available to accept service of process on behalf of the covered entity under which the agent is registered by the means of any communication included in the registration submitted to the ,department of ,commerce4 7d7 ,cooperation ,a registered agent shall cooperate in good faith with the ,united ,states ,government and representatives of other individuals and entities4 7e7 ,required information ,the registration submitted to the ,department of ,commerce shall include the following information3 7#a7 ,the name of the covered entity registering an agent under this section4 7#b7 ,the name of the ,chief ,executive ,officer1 ,president1 ,partner1 ,chairman1 or other controlling individual of the covered entity4 7#c7 ,the name of the individual who is being registered as the agent for the service of process4 7#d7 ,the business address of the covered entity registering an agent under this section4 7#e7 ,the business address of the individual who is being registered as the agent for the service of process4 7#f7 ,contact information1 including an email address and phone number for the individual who is being registered as the agent for the service of process4 7#g7 ,the date on which the agent shall begin to accept service of process under this section4 7f7 ,website ,the information submitted to the ,department of ,commerce pursuant to this section shall be made available on a publicly accessible database on the website of the ,department of ,commerce4 7g7 ,personal jurisdiction ,a covered entity that registers an agent under this section thereby consents to the personal jurisdiction of the ,state or ,federal courts of the ,state in which the registered agent is located for the purpose of any regulatory proceeding or civil action relating to such covered entity4 7h7 ,definitions ,in this section3 7#a7 ,covered entity ,the term covered entity means-- 7,a7 a corporation1 partnership1 association1 organization1 or other combination of persons established for the purpose of commercial activities2 or 7,b7 a trust or a fund established for the purpose of commercial activities4 7#b7 ,department of commerce ,the term ,department of ,commerce means the ,united ,states ,department of ,commerce4 4 7b7 ,clerical amendment ,the table of sections for chapter #aij of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #ejjb4 ,registration of an agent for the service of process on covered entities4 4 #hab4 ,exception to sovereign immunity ,section #afjc7;b77#b7 of title #bh1 ,united ,states ,code1 is amended by inserting except the ,people's ,republic of ,china1 after owned by a foreign state14 #hac4 ,redress of theft of trade secrets extraterritorially ,section #ahcf of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7e7 ,applicability to conduct outside united states ,notwithstanding any other provision of law1 this section shall apply to conduct occurring outside the ,united ,states and impacting ,united ,states commerce1 including conduct by an offender who is-- 7#a7 not a ,united ,states person or an alien lawfully admitted for permanent residence into the ,united ,states2 or 7#b7 an organization which is created or organized under the laws of a foreign government or which has its principal place of business located outside of the ,united ,states4 4 #had4 ,restriction on ,federal grants and other forms of assistance 7a7 ,restriction 7#a7 ,in general ,notwithstanding any other provision of law1 the head of each ,federal department or agency may not provide grants1 awards1 or other forms of assistance1 that is currently authorized in law1 to a ,united ,states business to improve the resilience or competitiveness of a business unless such business agrees that it3 7,a7 will not engage in expanded cooperation activities with any ,chinese entity1 and 7,b7 will not expand its own activities within the ,people's ,republic of ,china 7including ,hong ,kong and ,macau74 7#b7 ,ineligibility ,if a ,united ,states business that has received a grant or other form of assistance described in paragraph 7#a7 engages in expanded cooperation activities with any ,chinese entity1 or expands its own activities within the ,people's ,republic of ,china1 such business-- 7,a7 shall provide reimbursement to the ,federal ,government in an amount equal to the amount of the grant or other form of assistance2 and 7,b7 shall be ineligible for any other grants or other forms of assistance described in paragraph 7#a7 from any ,federal department or agency4 7b7 ,report ,the ,secretary of the ,treasury shall submit to ,congress on an annual basis a report on investments made by ,united ,states businesses that receive grants or other forms of assistance described in subsection 7a7 in-- 7#a7 production in the ,people's ,republic of ,china2 and 7#b7 production elsewhere by any ,chinese entity4 7c7 ,chinese entity defined ,in this section3 7#a7 ,chinese entity ,the term ,chinese entity means any entity organized under the laws of the ,people's ,republic of ,china or otherwise subject to the jurisdiction of the ,government of the ,people's ,republic of ,china1 and any entity owned or controlled by the ,government of the ,people's ,republic of ,china1 or an entity subject to the jurisdiction of the ,government of the ,people's ,republic of ,china4 7#b7 ,expanded cooperation activities ,the term expanded cooperation activities1 with respect to a ,chinese entity1 means investments in1 exports of technology to1 any activity that provides capital1 technology1 or expertise to the entity1 or any other form of cooperation with1 the entity4 7d7 ,rule of construction ,nothing in this section shall be construed to authorize a new ,federal grant or award program4 #hae4 ,restriction on ,national ,science ,foundation grants and other forms of assistance to ,communist ,chinese military companies and their affiliates 7a7 ,in general ,notwithstanding any other provision of law1 the ,director of the ,national ,science ,foundation may not provide grants or other forms of assistance to any individual or entity that is affiliated or otherwise has a relationship1 including but not limited to a research partnership1 joint venture1 or contract with-- 7#a7 an entity included on the list maintained and set forth in ,supplement ,no4 #d to part #gdd of the ,export ,administration ,regulations2 7#b7 a company on the list required by section #abcg of the ,strom ,thurmond ,national ,defense ,authorization ,act for ,fiscal ,year #aiii 7,public ,law #aje-bfa2 #ej ,u4,s4,c4 #agja note71 or required by section #abfj;,h of the ,mac ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc71 or on the ,non-,,sdn ,chinese ,military-,industrial ,complex ,companies ,list 7,,ns-,,cmic ,list7 or any successor list2 or 7#c7 any parent1 subsidiary1 affiliate of1 or entity owned by or controlled by1 an entity described in 7a77#a7 and 7a77#b74 7b7 ,export administration regulations defined ,in this section1 the term ,export ,administration ,regulations means the regulations set forth in subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations1 or successor regulations4 #haf4 ,expanding inadmissibility on security and related grounds 7a7 ,in general ,section #bab7;a77#c77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,a77 is amended to read as follows3 7,a7 ,in general ,any alien is inadmissible who a consular officer or the ,secretary of ,homeland ,security knows1 or has reasonable ground to believe-- 7i7 engages1 has engaged1 or will engage in any activity-- 7,i7 in violation of any law of the ,united ,states relating to espionage or sabotage2 or 7,,ii7 that would violate any law of the ,united ,states relating to espionage or sabotage if the activity occurred in the ,united ,states2 7ii7 engages1 has engaged1 or will engage in any activity in violation or evasion of any law prohibiting the export from the ,united ,states of goods1 technology1 or sensitive information2 7iii7 seeks to enter the ,united ,states to engage solely1 principally1 or incidentally in any other unlawful activity2 7iv7 seeks to enter the ,united ,states to engage solely1 principally1 or incidentally in any activity a purpose of which is the opposition to1 or the control or overthrow of1 the ,government of the ,united ,states by force1 violence1 or other unlawful means2 or 7v7 is the spouse or child of an alien who is inadmissible under this subparagraph1 if the activity causing the alien to be found inadmissible occurred within the last #e years4 4 7b7 ,waiver authority ,section #bab7;d77#c77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#c77;,a77 is amended-- 7#a7 by striking 7#c77;,a77i77,i71 7#c77;,a77ii71 each place such term appears2 and 7#b7 by inserting 7#c77;,a77iv71 after 7#c77;,a77iii71 each place such term appears4 ,,ix ,matters ,related to ,financial ,services #ija4 ,opposition of the ,united ,states to an increase in the weight of the ,chinese renminbi in the special drawing rights basket of the ,international ,monetary ,fund 7#a7 ,the ,secretary of the ,treasury shall instruct the ,united ,states ,governor of1 and the ,united ,states ,executive ,director at1 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 ,rights1 unless the ,secretary of the ,treasury has submitted to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate a written report which includes a certification that-- 7,a7 the ,people's ,republic of ,china is in compliance with all its obligations under ,article ,,viii of the #ai ,articles of ,agreement of the ,fund2 7,b7 in the preceding #ab months1 there has not been a report submitted under section #cjje of the ,omnibus ,trade and ,competitiveness ,act of #aihh or section #gja of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae in which the ,people's ,republic of ,china has been found to have manipulated its currency2 7,c7 the ,people's ,republic of ,china has instituted and is implementing the policies and practices necessary to ensure that the renminbi is freely usable 7within the meaning of ,article ,,xxx7f7 of the ,articles of ,agreement of the ,fund72 and 7,d7 the ,people's ,republic of ,china adheres to the rules and principles of the ,paris ,club and the ,,oecd ,arrangement on ,officially ,supported ,export ,credits4 #ijb4 ,sunset ,section #ija shall have no force or effect beginning #aj years after the date of the enactment of this ,act4 #ijc4 ,strengthening congressional oversight of special drawing rights at the ,,imf ,section #f of the ,special ,drawing ,rights ,act 7#bb ,u4,s4,c4 #bhfq7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking each basic period and inserting any #aj-year period2 and 7,b7 by inserting #be percent of before the ,united ,states quota2 and 7#b7 in subsection 7b7-- 7,a7 by inserting 1 or consent to or acquiesce in such an allocation1 before without consultations2 7,b7 by striking #ij and inserting #ahj2 and 7,c7 by inserting ,chairman and ranking minority members of before the appropriate subcommittees4 #ijd4 ,prohibition on allocations for perpetrators of genocide and state sponsors of terrorism without congressional authorization ,section #f7;b7 of the ,special ,drawing ,rights ,act 7#bb ,u4,s4,c4 #bhfq7b77 is amended by adding at the end the following3 7#c7 ,unless ,congress by law authorizes such action1 neither the ,president nor any person or agency shall on behalf of the ,united ,states vote to allocate ,special ,drawing ,rights under article ,,xviii1 sections #b and #c1 of the ,articles of ,agreement of the ,fund to a member country of the ,fund1 if the ,president of the ,united ,states has found that the government of the member country-- 7,a7 has committed genocide at any time during the #aj-year period ending with the date of the vote2 or 7,b7 has repeatedly provided support for acts of international terrorism4 4 #ije4 ,opposition to quota increase for countries that undermine ,,imf principles ,the ,bretton ,woods ,agreements ,act 7#bb ,u4,s4,c4 #bhf-bhfzz7 is amended-- 7#a7 by redesignating the #bnd section #gc 7as added by section #aija of division ,p of ,public ,law #aaf-id7 as section #gd2 and 7#b7 by adding at the end the following3 #ge4 ,opposition to quota increase for countries that undermine fund principles 7a7 ,in general ,not less than #g days before consideration of any proposal to increase the quota of a foreign member of the ,fund that is one of the #aj largest shareholders in the ,fund1 the ,secretary of the ,treasury shall submit a report to the ,committee on ,financial ,services of the ,house and the ,committee on ,foreign ,relations of the ,senate that determines whether the foreign member meets the following criteria3 7#a7 ,the member is in compliance with all obligations set forth in ,article ,,viii of the ,articles of ,agreement of the ,fund4 7#b7 ,the member1 in the preceding #ab months1 was not found to have manipulated its currency1 as determined in a report required by section #cjje of the ,omnibus ,trade and ,competitiveness ,act of #aihh or section #gja of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae4 7#c7 ,in the case of a member whose currency is included in the ,special ,drawing ,rights basket of the ,fund1 the currency of the member is freely usable 7within the meaning of ,article ,,xxx7f7 of the ,articles of ,agreement of the ,fund7 and the ,secretary concurs with the determinations of the ,fund described in that ,article1 and1 in the preceding #ab months1 the member has demonstrated its commitment to ensuring that its currency is widely used and traded internationally4 7#d7 ,the member is committed to the rules and principles of the ,paris ,club4 7b7 ,effect of determination ,on determining that a member of the ,fund has failed to meet any of the criteria set forth in subsection 7a71 the ,secretary shall instruct the ,governor of the ,fund to use the voice and vote of the ,united ,states to oppose the proposal to increase the quota of the member in the ,fund4 7c7 ,waiver ,the ,president may waive subsection 7b7 with respect to a member of the ,fund on reporting to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate that-- 7#a7 the waiver is important to the national interest of the ,united ,states1 with an explanation of the reasons therefor2 or 7#b7 the member is attempting to rectify the failure1 with a description of the actions the member is taking to fulfill any unmet criteria4 7d7 ,prohibition ,notwithstanding subsection 7c71 the ,governor of the ,fund may not use the voice or vote of the ,united ,states to support a proposal to increase the quota of a member in the ,fund if the ,president of the ,united ,states determines that the government of the member interfered in a ,united ,states election for ,federal office 7as defined in section #cja of the ,federal ,election ,campaign ,act of #aiga7 in the #d years preceding consideration of the proposal4 7e7 ,proposal consideration ,for the purposes of this section1 consideration of a proposal to increase the quota of a foreign member of the ,fund does not include consent to an amendment to the ,articles of ,agreement of the ,fund that has been authorized by law4 7f7 ,sunset ,this section shall cease to have force or effect #aj years after the date of the enactment of this ,act4 4 #ijf4 ,opposition of the ,united ,states to ,international ,monetary ,fund loan to a country whose public debt is not likely to be sustainable in the medium term 7a7 ,in general ,section #fh7;a7 of the ,bretton ,woods ,agreements ,act 7#bb ,u4,s4,c4 #bhftt7a77 is amended-- 7#a7 in paragraph 7#b71 by inserting after the comma the following3 or a staff analytical report of the ,fund states that there is not a high probability that the public debt of the country is sustainable in the medium term12 and 7#b7 by adding at the end the following3 7#c7 ,waiver authority ,the ,secretary of the ,treasury may waive paragraph 7#b7 on a case-by-case basis if the ,secretary provides a written certification to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate that the waiver is important to the national interest of the ,united ,states1 and includes with the certification a written statement of the reasons therefor4 4 7b7 ,sunset ,this section shall cease to have force or effect #aj years after the date of the enactment of this ,act4 #ijg4 ,congressional notification with respect to exceptional access lending 7a7 ,in general ,the ,bretton ,woods ,agreements ,act 7#bb ,u4,s4,c4 #bhf-bhfzz71 as amended by section #b of this ,act1 is amended by adding at the end the following3 #gf4 ,congressional notification with respect to exceptional access lending 7a7 ,in general ,the ,united ,states ,executive ,director at the ,international ,monetary ,fund may not support any proposal that would alter the criteria used by the ,fund for exceptional access lending if the proposal would permit a country that is ineligible1 before the proposed alteration1 to receive exceptional access lending1 unless1 not later than #ae days before consideration of the proposal by the ,board of ,executive ,directors of the ,fund1 the ,secretary of the ,treasury has submitted to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate a report on the justification for the proposal and the effects of the proposed alteration on moral hazard and repayment risk at the ,fund4 7b7 ,waiver ,the ,president may reduce the applicable notice period required under subsection 7a7 to not less than #g days on reporting to the ,committee on ,financial ,services of the ,house of ,representatives and ,committee on ,foreign ,relations of the ,senate that the reduction is important to the national interest of the ,united ,states1 with an explanation of the reasons therefor4 4 7b7 ,sunset ,this section shall cease to have force or effect #aj years after the date of the enactment of this ,act4 #ijh4 ,condition on ,,imf quota increase for the ,people's ,republic of ,china 7a7 ,in general ,the ,united ,states ,governor of the ,international ,monetary ,fund 7in this section referred to as the ,fund7 shall use the voice and vote of the ,united ,states to oppose1 and may not consent to1 an increase in the quota of the ,people's ,republic of ,china in the ,fund1 unless the ,secretary of the ,treasury reports to the ,congress that-- 7#a7 the ,board of ,governors of the ,fund is considering admission of ,taiwan as a member of the ,fund1 pursuant to the recommendation of the ,board of ,executive ,directors of the ,fund2 or 7#b7 ,taiwan enjoys meaningful participation in the ,fund1 including through-- 7,a7 participation in regular surveillance activities of the ,fund with respect to the economic and financial policies of ,taiwan1 consistent with ,article ,,iv consultation procedures of the ,fund2 7,b7 employment opportunities for ,taiwan nationals1 without regard to any consideration that1 in the determination of the ,secretary1 does not generally restrict the employment of nationals of member countries of the ,fund2 and 7,c7 the ability to receive appropriate technical assistance and training by the ,fund4 7b7 ,waiver ,the ,secretary of the ,treasury may waive subsection 7a7 of this section with respect to a proposal on reporting to the ,congress that providing the waiver will substantially promote the objective of securing more equitable treatment of ,taiwan at each international financial institution 7as defined in section #agja7;c77#b7 of the ,international ,financial ,institutions ,act74 7c7 ,sunset ,this section shall have no force or effect beginning with the date that is #g years after the date of the enactment of this ,act4 #iji4 ,ensuring non-discrimination with respect to travel policies at the international financial institutions 7a7 ,in general ,the ,secretary shall instruct the ,united ,states ,executive ,director at each international financial institution to use the voice and vote of the ,united ,states to ensure that the travel policies and procedures of the respective institution with respect to ,taiwan as a destination or transit point do not impose any administrative conditions1 including through restrictions on logistical arrangements or meeting participants1 that do not generally apply to a member country of the institution as a destination or transit point1 except as required temporarily for reasons of public safety or public health4 7b7 ,definitions ,in this section3 7#a7 ,international financial institution ,the term international financial institution has the meaning given the term in section #agja7;c77#b7 of the ,international ,financial ,institutions ,act4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7c7 ,waiver ,the ,secretary may waive subsection 7a7 with respect to an international financial institution for up to #a year at a time on reporting to the ,congress that providing the waiver-- 7#a7 will substantially promote the objective of securing more equitable treatment of ,taiwan at the international financial institution2 or 7#b7 is in the national interest of the ,united ,states1 with a detailed explanation of the reasons therefor4 7d7 ,progress report ,the ,chairman of the ,national ,advisory ,council on ,international ,monetary and ,financial ,policies shall submit to the ,congress an annual report that describes the progress made in advancing the travel policies and procedures described in subsection 7a71 and may consolidate that report with the annual report required by section #agja of the ,international ,financial ,institutions ,act or any other report required to be submitted to the ,secretary4 7e7 ,sunset ,this section shall have no force or effect beginning with the earlier of-- 7#a7 the date that is #g years after the date of the enactment of this ,act2 or 7#b7 the date on which the ,secretary reports to the ,congress that each international financial institution has adopted the travel policies and procedures described in subsection 7a74 #iaj4 ,testimony requirement ,in each of the next #g years in which the ,secretary of the ,treasury is required by section #agje7;b7 of the ,international ,financial ,institutions ,act to present testimony1 the ,secretary shall include in the testimony a description of the efforts of the ,united ,states to support the greatest participation practicable by ,taiwan at each international financial institution 7as defined in section #agja7;c77#b7 of such ,act74 #iaa4 ,statement of ,united ,states policy regarding the dollar ,it is the policy of the ,united ,states to facilitate the position of the dollar as the primary global reserve currency1 including through vigorous support of-- 7#a7 deep1 open1 and transparent financial markets2 7#b7 continuous improvements to domestic and international payment methods that facilitate dollar transactions2 7#c7 sound macroeconomic governance and a rules-based system of international trade2 and 7#d7 clear and realistic objectives in the deployment of financial restrictions arising from national security considerations4 #iab4 ,report on dollar strategy 7a7 ,in general ,the ,secretary of the ,treasury 7in this section referred to as the ,secretary7 shall establish a strategy that implements the policy described in section #b4 7b7 ,consultation ,the ,secretary shall1 as appropriate1 consult with the ,board of ,governors of the ,federal ,reserve ,system when establishing the strategy pursuant to subsection 7a74 7c7 ,report ,not later than #ahj days after the date of the enactment of this section1 the ,secretary shall submit to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate a report that describes-- 7#a7 the strategy established by the ,secretary pursuant to subsection 7a72 7#b7 key measures taken by the ,secretary to implement the strategy2 7#c7 any legislative recommendations that would strengthen the ability of the ,united ,states to advance the policy described in section #b2 7#d7 a description of efforts by major foreign central banks1 including the ,people's ,bank of ,china1 to create an official digital currency1 as well as any risks to the national interest of the ,united ,states posed by such efforts2 7#e7 the status of efforts to assess or develop an official ,united ,states digital currency by the ,board of ,governors of the ,federal ,reserve ,system2 and 7#f7 any implications for the strategy established by the ,secretary pursuant to subsection 7a7 arising from the relative state of development of an official digital currency by the ,united ,states and other nations1 including the ,people's ,republic of ,china4 7d7 ,renminbi assessment ,the report described in subsection 7c7 shall-- 7#a7 evaluate the role of the renminbi in international payments and foreign exchange reserves2 7#b7 assess currency-related policies in ,china1 including-- 7,a7 the provision of ,chinese government-backed assets2 7,b7 the extension of credit abroad by the ,chinese government2 and 7,c7 the development of cross-border payment systems as tools to advance strategic objectives of the government of the ,people's ,republic of ,china2 and 7#c7 recommend policy options aimed at mitigating medium-term and long-term risks to the national interest of the ,united ,states that may arise as a result of the internationalization of the renminbi4 7e7 ,annual updates ,after submitting an initial report in accordance with subsection 7c71 the ,secretary shall submit1 to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 an updated version of such report each year4 #iac4 ,sunset ,section #iab shall have no force or effect after the date that is #g years after the date of the enactment of this ,act4 ,x ,offsets #ajja4 ,rescission of certain ,federal funds appropriated for ,state1 city1 local1 and tribal governments ,notwithstanding any other provision of law1 the total amount of unobligated funds available under any of sections #fja through #fjc of title ,,vi of the ,social ,security ,act are hereby permanently rescinded4 ,,xi ,national ,security ,authorizations #aaja4 ,authorization to hire additional staff for the ,office of ,foreign ,asset ,control of the ,department of the ,treasury ,the ,secretary of the ,treasury1 acting through the ,director of the ,office of ,foreign ,assets ,control1 is authorized to hire an additional #aj full-time employees to carry out activities of the ,office associated with the ,people's ,republic of ,china4 #aajb4 ,authorization of appropriations for ,,indopacom unfunded priorities ,there is authorized to be appropriated to the ,department of ,defense each of the following amounts for the purpose specified3 7#a7 ,for the ,guam ,defense ,system1 #bca1gjj1jjj4 7#b7 ,for the ,mission ,partner ,environment1 #hd1edj1jjj4 7#c7 ,for the ,pacific ,multi-,domain ,training and ,experimentation ,capability1 #aad1daj1jjj4 7#d7 ,for ,homeland ,defense ,radar-,hawaii1 #ge1jjj1jjj4 7#e7 ,for ,military ,information ,support ,operations1 #bh1jjj1jjj4 7#f7 ,for ,wargaming ,analytical ,tools 7,,stormbreaker71 #hh1jjj1jjj4 7#g7 ,for the ,joint ,staff ,,ce#b,t#b_/;,joint ,exercise ,program1 #ce1ajj1jjj4 7#h7 ,for ,critical ,manpower ,positions1 #d1fbj1jjj4 7#i7 ,for the ,pacific ,movement ,coordination ,center1 #ejj1jjj4 7#aj7 ,for ,,milcon3 ,planning and ,design1 #fh1bjj1jjj4 7#aa7 ,for ,future ,fusion ,centers1 #c1cjj1jjj4 7#ab7 ,for ,building ,partnership ,capacity1 #acj1fjj1jjj4 7#ac7 ,for ,enhanced ,,isr ,augmentation1 #da1jjj1jjj4 #aajc4 ,authorization to hire additional staff for the ,office of ,customs and ,border ,protection force labor activities ,the ,director of the ,office of ,trade is authorized to hire an additional #bh full time employees for carrying out section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg74 #aajd4 ,authorization for the ,department of ,justice's ,china initiative 7a7 ,in general ,not later than #ij days after the date of the enactment of this section1 the ,attorney ,general shall establish an initiative to be known as the ,china ,initiative1 which shall be carried out by ,assistant ,attorney ,general for ,national ,security 7hereinafter in this ,act referred to as the ,,aagns7 to counter and deter the wide range of national security threats posed by the policies and practices of the ,people's ,republic of ,china 7,,prc7 government4 7b7 ,staff ,the ,assistant ,attorney ,general for ,national ,security is authorized to direct employees assigned to the ,national ,security ,division of the ,department of ,justice to assist with the ,china ,initiative and shall hire an additional #aj full-time employees to carry out activities of the ,china ,initiative4