,,ii #aahth ,,congress #ast ,session ,s4 #cfg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #i1 #bjbc,mr4 ,risch introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote economic and commercial opportunities internationally1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,economic and ,commercial ,opportunities and ,networks ,act of #bjbc or the ,,econ ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,strengthening the ,department of ,state ,economic ,corps,sec4 #aja4 ,duties of ,foreign ,service economic officers4,sec4 #ajb4 ,establishment of new award of excellence for economic officers4,sec4 #ajc4 ,report on chiefs of mission and deputy chiefs of mission by cone4,sec4 #ajd4 ,report on recruitment1 retention1 and promotion of ,foreign ,service economic officers4,sec4 #aje4 ,mandate to revise ,department of ,state metrics for successful economic and commercial diplomacy4,,title ,,ii--,upping ,america's game in the field,sec4 #bja4 ,chief of ,mission economic responsibilities4,sec4 #bjb4 ,direction to embassy deal teams4,sec4 #bjc4 ,establishment of a ,deal ,team of the ,year award4,sec4 #bjd4 ,economic defense response teams4,,title ,,iii--,cooperating with allies and partners,sec4 #cja4 ,investing in talent in ,southeast ,asia and the ,pacific ,islands4,sec4 #cjb4 ,regulatory exchanges with allies and partners4,sec4 #cjc4 ,infrastructure ,transaction and ,assistance ,network4,sec4 #cjd4 ,digital ,connectivity and ,cybersecurity ,partnership4,,title ,,iv--,boosting international trade and investment,sec4 #dja4 ,pilot program to audit barriers to trade in developing partner countries4,sec4 #djb4 ,promoting adoption of ,united ,nations ,convention on ,assignment of ,receivables in ,international ,trade4,,title ,v--,combating anti-competitive behavior,sec4 #eja4 ,predatory pricing by entities owned1 controlled1 or directed by a foreign state4,sec4 #ejb4 ,expansion of offense of theft of trade secrets to include unauthorized development of products and digital articles4,sec4 #ejc4 ,review of petitions related to intellectual property theft and forced technology transfer4 ,i ,strengthening the ,department of ,state ,economic ,corps #aja4 ,duties of ,foreign ,service economic officers 7a7 ,in general ,chapter #e of title ,i of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #ciha et seq47 is amended by adding at the end the following3 #ejf4 ,duties of economic officers 7a7 ,in general ,the ,secretary of ,state shall direct the economic officers of the ,foreign ,service-- 7#a7 to negotiate agreements with foreign governments and international organizations2 7#b7 to inform the ,washington1 ,,dc1 headquarters offices of ,federal agencies with respect to the positions of foreign governments and international organizations in negotiations2 7#c7 to advance and oversee-- 7,a7 the routine implementation and maintenance of economic and commercial agreements2 and 7,b7 other initiatives in the countries to which such officers are assigned related to improving economic or commercial relations for the benefit of ,united ,states persons1 including businesses2 7#d7 to identify1 and help design and execute1 in consultation with other ,federal agencies1 ,united ,states policies1 programs1 and initiatives1 including capacity building efforts1 to advance policies of foreign governments that improve local economic governance1 market-based business environments1 and market access1 increase trade and investment opportunities1 or provide a more level playing field for ,united ,states persons1 including with respect to-- 7,a7 improving revenue collection2 7,b7 streamlining customs processes and improving customs transparency and efficiency2 7,c7 improving regulatory management2 7,d7 improving procurement processes1 including facilitating transparency in tendering1 bidding1 and contact negotiation2 7,e7 advancing intellectual property protections2 7,f7 eliminating anticompetitive subsidies and improving the transparency of remaining subsidies2 7,g7 improving budget management and oversight2 and 7,h7 strengthening management of important economic sectors2 7#e7 to prioritize active support of economic and commercial goals by ,united ,states persons abroad1 in conjunction with the ,united ,states and ,foreign ,commercial ,service 7established by section #bcja of the ,export ,enhancement ,act of #aihh 7#ae ,u4,s4,c4 #dgba771 including by-- 7,a7 providing ,united ,states persons with leads1 information on open tenders1 and introductions to relevant contacts within foreign countries2 7,b7 assisting ,united ,states persons in their dealings with foreign governments and enterprises owned by foreign governments2 7,c7 providing ,united ,states persons with information and assistance in using all types of ,united ,states ,government support with respect to international economic matters1 including such support provided by the ,department of ,state1 the ,department of ,commerce1 the ,export-,import ,bank of the ,united ,states1 the ,united ,states ,international ,development ,finance ,corporation1 the ,trade and ,development ,agency1 the ,department of ,agriculture1 and the ,department of the ,treasury2 and 7,d7 receiving feedback from ,united ,states persons with respect to support described in subparagraph 7,c7 and reporting that feedback to the chief of mission and to the headquarters of the ,department of ,state2 7#f7 to consult closely and regularly with the private sector1 as described in section #gji of the ,championing ,american ,business through ,diplomacy ,act 7#bb ,u4,s4,c4 #iije72 7#g7 to identify and execute opportunities for the ,united ,states to counter policies1 initiatives1 or activities by authoritarian governments or enterprises affiliated with such governments that are anticompetitive or undermine the sovereignty or prosperity of the ,united ,states or a partner country2 7#h7 to identify and execute opportunities for the ,united ,states in new and emerging areas of trade and investment1 such as digital trade and investment2 7#i7 to monitor the development and implementation of bilateral and multilateral economic agreements and provide recommendations to the ,secretary of ,state and the heads of other relevant ,federal agencies with respect to ,united ,states actions and initiatives relating to those agreements2 7#aj7 to maintain complete and accurate records of the performance measurements of the ,department for economic and commercial diplomacy activities1 as directed by the chief of mission and other senior officials of the ,department2 7#aa7 to report on issues and developments with direct relevance to ,united ,states economic and national security interests1 especially when accurate1 reliable1 timely1 and cost-effective information is unavailable from non-,united ,states ,government sources2 and 7#ab7 to coordinate all activities as necessary and appropriate with counterparts in other agencies4 7b7 ,regulatory updates ,the ,secretary of ,state shall update guidance in the ,foreign ,affairs ,manual and other regulations and guidance as necessary to implement this section4 7c7 ,united ,states person defined ,in this section1 the term ,united ,states person means-- 7#a7 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 any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 4 7b7 ,clerical amendment ,the table of contents for the ,foreign ,service ,act of #aihj is amended by inserting after the item relating to section #eje the following3 ,sec4 #ejf4 ,duties of economic officers4 4 #ajb4 ,establishment of new award of excellence for economic officers ,chapter #f of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djja et seq471 is amended by adding at the end the following new section3 #fae4 ,foreign service awards for outstanding contributions to ,united ,states economic and commercial diplomacy 7a7 ,establishment ,the ,secretary of ,state shall establish an award to recognize outstanding contributions to advancing ,united ,states interests in the areas of economic diplomacy or commercial diplomacy4 ,the award shall be known as the ,congressional ,award for ,high ,achievement in ,economic and ,commercial ,diplomacy4 7b7 ,award content ,the recipients of this award shall receive-- 7#a7 a certificate signed by the ,secretary of ,state2 7#b7 a cash award of #ae1jjj2 and 7#c7 in the case of ,foreign ,service employees1 inclusion in the next employee evaluation report2 or 7#d7 in the case of ,civil ,service employees1 inclusion in the next annual performance evaluation4 7c7 ,eligibility ,the following individuals are eligible for an award under this section3 7#a7 ,economic officers in the ,foreign ,service with at least three years of experience and one overseas posting with responsibilities for ,united ,states economic and commercial interests2 and 7#b7 ,civil ,service employees with at least three years of experience and with direct responsibility for economic and commercial matters4 7d7 ,number of awardees ,for each fiscal year1 the ,secretary of ,state shall award-- 7#a7 no fewer than #c awards and no more than #e awards to members of the ,foreign ,service2 and 7#b7 no fewer than #c award and no more than #e awards to ,civil ,service employees4 7e7 ,criteria ,selection for an award under this section shall be based on-- 7#a7 the employee playing a key or decisive role in the establishment or improvement in an overseas market of free and fair market practice or practices2 7#b7 the employee playing a key or decisive role in assisting a ,united ,states company to achieve a substantial economic1 commercial1 or investment goal in an overseas market or markets2 7#c7 the employee playing a key or decisive role in the expansion of trade or investment ties with another country or countries2 7#d7 the employee playing a key or decisive role in the advancement of regional economic integration that has tangible benefits for the ,united ,states economy2 7#e7 the employee demonstrating excellence in advancing ,united ,states interests and partnerships in the digital economy2 7#f7 the employee demonstrating excellence in advancing ,united ,states interests and partnerships with respect to infrastructure2 7#g7 the employee demonstrating excellence in advancing ,united ,states interests and partnerships with respect to energy2 7#h7 the employee advancing a concrete policy1 action1 or initiative that counters authoritarian models of economic governance or anti-competitive economic behavior that undermines free markets2 or 7#i7 any combination of such criteria4 7f7 ,restriction ,the ,secretary of ,state shall not provide an award solely on the basis of an employee demonstrating excellence in one of the following activities3 7#a7 ,providing economic reporting through cables and via other means4 7#b7 ,writing a ,department report or reports on economic matters4 7g7 ,authorization of appropriations ,for each of fiscal years #bjbd through #bjca1 there is authorized to be appropriated to the ,department of ,state #aej1jjj for the purposes of providing cash awards to recipients of the award established under this section4 7h7 ,transmission to ,congress ,not later than the end of the relevant fiscal year1 the ,secretary of ,state shall submit the following information to the appropriate congressional committees3 7#a7 ,the name of each awardee4 7#b7 ,the current position and ,foreign ,service or ,general ,schedule rank of each awardee4 7#c7 ,a description of the basis on which each awardee received the award4 4 #ajc4 ,report on chiefs of mission and deputy chiefs of mission by cone 7a7 ,report ,not later than ,april #a1 #bjbd1 and annually thereafter for four years1 the ,secretary of ,state shall submit to the appropriate congressional committees a report that includes-- 7#a7 the ,foreign ,service cone of each current chief of mission and deputy chief of mission 7or whoever is acting in the capacity of chief or deputy chief of mission if none is present7 for each ,united ,states embassy in which there is a ,foreign ,service office filling either of those positions2 and 7#b7 the aggregated global data for chiefs of mission and deputy chiefs of mission by cone4 7b7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 #ajd4 ,report on recruitment1 retention1 and promotion of ,foreign ,service economic officers 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report on the recruitment1 retention1 and promotion of economic officers in the ,foreign ,service4 7b7 ,elements ,the report required by subsection 7a7 shall include the following3 7#a7 ,an overview of the key challenges the ,department of ,state faces in recruiting individuals to serve as economic officers in the ,foreign ,service4 7#b7 ,an overview of the key challenges the ,department faces in retaining individuals serving as economic officers in the ,foreign ,service1 particularly at the level of ,,gs-#ad of the ,general ,schedule and higher4 7#c7 ,an overview of the key challenges in recruiting and retaining qualified individuals to serve in economic positions in the civil service4 7#d7 ,a comparison of promotion rates for economic officers in the ,foreign ,service relative to other officers in the ,foreign ,service4 7#e7 ,an identification by region of hard-to-fill posts and proposed incentives to improve staffing of economic officers in the ,foreign ,service at such posts4 7#f7 ,a summary and analysis of the factors that lead to the promotion of economic officers in the ,foreign ,service4 7#g7 ,a summary and analysis of the factors that lead to the promotion of individuals serving in economic positions in the civil service4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 #aje4 ,mandate to revise ,department of ,state metrics for successful economic and commercial diplomacy 7a7 ,mandate ,to revise ,department of ,state performance measures for economic and commercial diplomacy ,the ,secretary of ,state1 acting through the ,under ,secretary for ,economic ,growth1 ,energy1 and the ,environment1 shall conduct a full review and revision of ,department of ,state performance measures for economic and commercial diplomacy4 ,the revision shall identify outcome-oriented1 and not process-oriented1 performance metrics1 including metrics that-- 7#a7 measure how ,department of ,state efforts advanced specific economic and commercial objectives and led to successes for the ,united ,states or other private sector actors overseas2 and 7#b7 that focus on customer satisfaction with ,department of ,state services and assistance4 7b7 ,plan for ensuring complete data for performance measures ,as part of the review required under subsection 7a71 the ,secretary of ,state shall include a plan for ensuring that the ,department of ,state1 both at main headquarters and at domestic and overseas posts1 maintains and fully updates data on performance measures to ensure that ,department of ,state leadership and the appropriate congressional committees can evaluate the extent to which the ,department is advancing ,united ,states economic and commercial interests abroad through meeting performance targets4 7c7 ,report on private sector surveys ,the ,secretary of ,state1 acting through the ,under ,secretary for ,economic ,growth1 ,energy1 and the ,environment1 shall prepare a report that lists and describes any and all methods through which the ,department of ,state conducts surveys of the private sector to measure private sector satisfaction with assistance and services provided by the ,department of ,state to advance private sector economic and commercial goals in foreign markets4 7d7 ,transmission to ,congress 7#a7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees the revised performance metrics required under subsection 7b7 and the report required under subsection 7d74 7#b7 ,briefing ,not later than #cj days after the report submissions required under paragraph 7#a71 the ,under ,secretary for ,economic ,growth1 ,energy1 and the ,environment shall brief the appropriate congressional committees4 7e7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 ,,ii ,upping ,america's game in the field #bja4 ,chief of mission economic responsibilities ,section #bjg of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cibg7 is amended by adding at the end the following new subsection3 7e7 ,embassy economic team 7#a7 ,coordination and supervision responsibility ,the chief of mission shall have responsibility for coordinating and supervising the implementation of all ,united ,states economic policy interests within the host country1 among all ,united ,states ,government departments and agencies present in that country4 7#b7 ,accountability ,the chief of mission shall be held accountable for the performance of ,united ,states missions in advancing ,united ,states economic policy interests within the host country1 including the activities and initiatives of all ,united ,states ,government departments and agencies present in that country4 7#c7 ,mission economic team ,the chief of mission shall form an economic team made up of appropriate embassy staff with responsibility for-- 7,a7 monitoring notable economic developments in the host country2 and 7,b7 developing plans and strategies for advancing ,united ,states economic and commercial interests in the host country including-- 7i7 tracking legislative1 regulatory1 judicial1 and policy developments that could affect ,united ,states economic interests2 7ii7 advocating for best practices with respect to policy and regulatory developments2 7iii7 conducting a regular analysis of market systems1 trends1 prospects1 and opportunities for value-addition1 including risk assessments and constraints analyses of key sectors and of ,united ,states strategic competitiveness1 and other reporting on commercial opportunities and investment climate2 and 7iv7 providing recommendations for responding to such developments that may adversely affect ,united ,states economic and commercial interests4 4 #bjb4 ,direction to embassy deal teams 7a7 ,purposes ,the purposes of deal teams at ,united ,states embassies and consulates are-- 7#a7 to promote a private sector-led approach to advance economic growth and job creation1 tailored as appropriate to specific economic sectors and while advancing strategic partnerships2 7#b7 to prioritize efforts to identify commercial opportunities1 advocate for improvements in the business and investment climate1 engage and consult with private sector partners1 and report on such activities1 in compliance with the applicable requirements of the ,championing ,american ,business ,through ,diplomacy ,act of #bjai 7title ,,vii of division ,j of ,public ,law #aaf-id2 #bb ,u4,s4,c4 #iija et seq472 7#c7 to identify trade and investment opportunities for ,united ,states companies in foreign markets1 or assist with existing trade and investment opportunities already identified by ,united ,states companies1 and deploy ,united ,states ,government economic and other tools to help such ,united ,states companies to secure their objectives2 7#d7 to identify and facilitate opportunities for entities in a host country to increase exports to or investment in the ,united ,states in order to grow two-way trade and investment2 7#e7 to modernize1 streamline1 and improve access to resources and services designed to promote increased trade and investment opportunities2 7#f7 to identify and secure ,united ,states or allied government support1 including through the ,strategic ,infrastructure ,fund authorized under section #cjc7;c71 of strategic projects1 including projects vulnerable to predatory investment by an authoritarian country or entity in such country1 where support or investment serves an important ,united ,states interest2 7#g7 to coordinate across the ,unites ,states ,government to ensure the appropriate and most effective use of ,united ,states ,government tools to support ,united ,states economic and commercial objectives2 and 7#h7 to coordinate with the ,central ,deal ,team located in the ,united ,states on all these and other relevant matters4 7b7 ,clarification ,a deal team may1 but does not have to1 consist of the same personnel as a mission economic team formed pursuant to subsection 7e77#c7 of section #bjg of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cibg71 as added by section #bja of this ,act4 7c7 ,restrictions ,deal teams may not provide support for1 or assist a ,united ,states person with a transaction with1 a government1 or an entity owned or controlled by a government1 if the ,secretary of ,state has determined that the government-- 7#a7 has repeatedly provided support for acts of international terrorism for purposes of-- 7,a7 section #aged7;c77#a77;,a77i7 of the ,export ,control ,reform ,act of #bjah 7subtitle ,b of title ,,xvii of ,public ,law #aae-bcb72 7,b7 section #fbj;,a7a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga7;a772 7,c7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 or 7,d7 any other relevant provision of law2 or 7#b7 has engaged in a consistent pattern of gross violations of internationally recognized human rights for purposes of section #aaf7;a7 or #ejb;,b7a77#b7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7a7 and #bcjd7;a77#b77 or any other relevant provision of law4 7d7 ,further restrictions 7#a7 ,prohibition on support of sanctioned persons ,deal teams may not carry out activities prohibited under ,united ,states sanctions laws or regulations1 including dealings with persons on the list of specially designated persons and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury1 except to the extent otherwise authorized by the ,secretary of the ,treasury or the ,secretary of ,state4 7#b7 ,prohibition on support of activities subject to sanctions ,any person receiving support from a deal team must be in compliance with all ,united ,states sanctions laws and regulations as a condition for receiving such assistance4 7e7 ,chief of ,mission authority and accountability ,the chief of mission is the designated leader of a deal team in a given partner country1 and shall be held accountable for the performance and effectiveness of ,united ,states deal teams in that country4 7f7 ,annual guidance cable ,not later than ,january #ca each year1 the ,secretary of ,state shall send an ,all ,diplomatic and ,consular ,posts 7,,aldac7 guidance cable on the role of deal teams that includes relevant and up-to-date information to enhance the effectiveness of deal teams in-country4 7g7 ,additional guidance cables ,the requirement of an annual ,,aldac shall not be construed to preclude the ,secretary of ,state from sending other communications to overseas posts regarding deal teams4 7h7 ,certification ,not later than ,february #aj of each year1 the ,secretary of ,state shall certify to ,congress that the cable required under subsection 7f7 was transmitted as an ,all ,diplomatic and ,consular ,posts 7,,aldac7 cable1 and shall provide a brief summary of the cable1 including any major updates or changes compared with the prior annual guidance cable4 7i7 ,report ,concurrently with the certification required under subsection 7h71 the ,secretary of ,state shall submit an unclassified report to the appropriate congressional committees on the activities1 achievements1 and failures of deal teams1 which shall include-- 7#a7 a description of the nature and extent of coordination among relevant ,federal departments and agencies2 7#b7 the dollar value of deals successfully completed by deal teams1 disaggregated by country2 7#c7 the number of ,united ,states companies assisted by deal teams who achieved their objectives2 7#d7 the percentage of ,united ,states companies assisted by deal teams who achieved their objectives2 7#e7 a description of any exports to or investment into the ,united ,states by partner countries facilitated by deal teams2 7#f7 examples of successful investments1 deals1 or transactions in the infrastructure1 energy1 and digital sectors2 7#g7 examples where deal team support prevented predatory financing or other involvement by an authoritarian actor2 and 7#h7 examples of failures of deal teams to achieve stated objectives1 any lessons learned1 and how deal teams will improve based on those lessons learned4 7j7 ,confidentiality of information 7#a7 ,in general ,in preparing the certification and the report required under this section1 the ,secretary of ,state shall protect from disclosure any proprietary information of a ,united ,states person marked as business confidential information1 unless the person submitting the information-- 7,a7 had notice1 at the time of submission1 that the information would be released by2 or 7,b7 subsequently consents to the release of the information4 7#b7 ,treatment as trade secrets ,proprietary information obtained by the ,united ,states ,government from a ,united ,states person pursuant to the activities of deal teams shall be-- 7,a7 considered to be trade secrets and commercial or financial information 7as those terms are used for purposes of section #eeb;b7c77#d7 of title #e1 ,united ,states ,code72 and 7,b7 exempt from disclosure without the express approval of the person4 7k7 ,sunset ,the requirements under subsections 7f7 through 7h7 shall terminate five years after the date of the enactment of this ,act4 #bjc4 ,establishment of a ,deal ,team of the ,year award 7a7 ,establishment ,the ,secretary of ,state shall establish a new award to be awarded to one deal team per region at a ,united ,states mission annually to recognize outstanding achievements in supporting a ,united ,states company or companies pursuing commercial deals abroad or in identifying new deal prospects for ,united ,states companies4 ,the award shall be known as the ,deal ,team of the ,year ,award4 7b7 ,award content 7#a7 ,department of ,state ,each member of a deal team receiving an award pursuant to this section shall receive a certificate that is signed by the ,secretary of ,state and-- 7,a7 in the case of a member of the ,foreign ,service1 is included in the next employee evaluation report2 or 7,b7 in the case of a ,civil ,service employee1 is included in the next annual performance review4 7#b7 ,other ,federal agencies ,in the case of a ,united ,states ,government employee that is not employed by the ,department of ,state1 the employing agency may determine whether to provide the employee receiving an award under this section any recognition or benefits in addition to those provided by the ,department of ,state4 7c7 ,eligibility ,any interagency economics team at a ,united ,states overseas mission under chief of mission authority that assists ,united ,states companies with identifying1 navigating1 and securing trade and investment opportunities in a foreign country1 or that facilitates beneficial foreign investment into the ,united ,states is eligible for an award under this section4 7d7 ,transmission to ,congress ,not later than the end of the relevant fiscal year1 the ,secretary of ,state shall submit the following information to the appropriate congressional committees3 7#a7 ,the mission receiving the ,deal ,team of the ,year ,award4 7#b7 ,the names and agencies of each awardee within the deal team4 7#c7 ,a detailed description of the reason the deal team received the award4 #bjd4 ,economic defense response teams 7a7 ,pilot program ,not later than #ahj days after the date of the enactment of this ,act1 the ,president1 acting through the ,secretary of ,state1 who shall coordinate with other relevant ,federal departments and agencies1 shall develop and implement a pilot program for the creation of deployable economic defense response teams to help provide targeted assistance and support to a country subjected to an urgent or specific threat or use of coercive economic practices by an adversary of the ,united ,states4 ,such assistance and support may include the following activities3 7#a7 ,reducing the partner country's vulnerability to coercive economic measures4 7#b7 ,minimizing the damage that such measures by an adversary could cause to that country4 7#c7 ,identifying sectors most susceptible to coercive economic behavior and providing suggested tools and strategies for an action plan4 7#d7 ,implementing any bilateral or multilateral contingency plans that may exist for responding to the threat or use of such measures4 7#e7 ,in coordination with the partner country1 developing or improving plans and strategies by the country for reducing vulnerabilities and improving responses to such measures in the future4 7#f7 ,assisting the partner country in addressing foreign sovereign investment in infrastructure1 the defense-industrial base1 digital sector1 or other strategic sectors that may undermine the partner country's sovereignty or harm ,united ,states national interests4 7#g7 ,assisting the partner country in responding to specific efforts from an adversary attempting to employ coercive economic practices that undermine the partner country's sovereignty1 including efforts that undermine cybersecurity or digital infrastructure of the partner country or initiatives that introduce digital technologies in a manner that undermines freedom1 security1 and sovereignty of the partner country or its citizens4 7#h7 ,otherwise providing direct and relevant short-to-medium term economic or other assistance from the ,united ,states and marshalling other resources in support of effective responses to coercive economic practices4 7b7 ,institutional support ,the pilot program required by subsection 7a7 should include the following elements3 7#a7 ,identification and designation of relevant personnel or ongoing lines of effort within the ,united ,states ,government with expertise relevant to the objectives specified in subsection 7a71 including personnel in-- 7,a7 the ,department of ,state1 for overseeing the economic defense response team's activities1 engaging with the partner country government and other stakeholders1 and other purposes relevant to advancing the success of the mission of the economic defense response team2 7,b7 the ,united ,states ,agency for ,international ,development1 for the purposes of providing technical and other assistance1 generally2 7,c7 the ,department of the ,treasury1 for the purposes of providing advisory support and assistance on all financial matters and fiscal implications of the crisis at hand2 7,d7 the ,department of ,commerce1 for the purposes of providing economic analysis and assistance in market development relevant to the partner country's response to the crisis at hand1 technology security as appropriate1 and other matters that may be relevant2 7,e7 the ,department of ,energy1 for the purposes of providing advisory services and technical assistance with respect to energy needs as affected by the crisis at hand2 7,f7 the ,department of ,homeland ,security1 for the purposes of providing assistance with respect to digital and cybersecurity matters1 and assisting in the development of any contingency plans referred to in paragraphs 7#c7 and 7#f7 of subsection 7a7 as appropriate2 7,g7 the ,department of ,agriculture1 for providing advisory and other assistance with respect to responding to coercive practices such as arbitrary market closures that affect the partner country's agricultural sector2 7,h7 the ,office of the ,united ,states ,trade ,representative with respect to providing support and guidance on trade and investment matters2 7,i7 the ,department of ,defense with respect to providing support or assistance on defense sector1 transportation infrastructure1 and national security-sensitive technologies2 and 7,j7 other ,federal departments and agencies as determined by the ,president4 7#b7 ,negotiation of memoranda of understanding1 where appropriate1 with other ,united ,states ,government components for the provision of any relevant participating or detailed non-,department of ,state personnel identified under paragraph 7#a74 7#c7 ,negotiation of contracts1 as appropriate1 with private sector representatives or other individuals with relevant expertise to advance the objectives specified in subsection 7a74 7#d7 ,development within the ,united ,states ,government of-- 7,a7 appropriate training curricula for relevant experts identified under paragraph 7#a7 and for ,united ,states diplomatic personnel in a country actually or potentially threatened by coercive economic practices2 7,b7 operational procedures and appropriate protocols for the rapid assembly of such experts into one or more teams for deployment to a country actually or potentially threatened by coercive economic measures2 and 7,c7 procedures for ensuring appropriate support for such teams1 including1 as applicable1 logistical assistance1 office space1 information support1 and communications4 7#e7 ,clear direction to ,united ,states diplomatic missions on the rapid and effective deployment of such teams1 if necessary1 and the establishment of appropriate liaison relationships with local public and private sector officials and entities4 7c7 ,reports required 7#a7 ,report on establishment ,upon establishment of the pilot program required by subsection 7a71 the ,secretary of ,state shall provide the appropriate committees of ,congress with a detailed report and briefing describing the pilot program1 the major elements of the program1 the personnel and institutions involved1 and the degree to which the program incorporates the elements described in subsection 7a74 7#b7 ,follow-up report ,not later than one year after the report required by paragraph 7#a71 the ,secretary of ,state shall provide the appropriate committees of ,congress with a detailed report and briefing describing the operations over the previous year of the pilot program established pursuant to subsection 7a71 as well as the ,secretary's assessment of its performance and suitability for becoming a permanent program4 7#c7 ,form ,each report required under this subsection shall be submitted in unclassified form1 but may include a classified annex4 7d7 ,declaration of a major economic threat required 7#a7 ,notification ,the ,president may activate an economic defense response team for a period of #ahj days under the authorities of this section to assist a partner country in responding to an unusual and extraordinary economic coercive threat by an adversary of the ,united ,states upon the declaration of a coercive economic emergency1 together with notification to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,extension authority ,the ,president may activate the response team for an additional #ahj days upon the submission of a detailed analysis to the committees described in paragraph 7#a7 justifying why the continued deployment of the economic defense response team in response to the economic emergency is in the national interests of the ,united ,states4 7e7 ,sunset ,the authorities provided under this section shall expire on ,december #ca1 #bjbg4 7f7 ,authorization of appropriations ,there is authorized to be appropriated #bj1jjj1jjj for each of fiscal years #bjbd through #bjbh4 7g7 ,rule of construction ,neither the authority to declare an economic crisis provided for in subsection 7d71 nor the declaration of an economic crisis pursuant to subsection 7d71 shall confer or be construed to confer any authority1 power1 duty1 or responsibility to the ,president other than the authority to activate an economic defense response team as described in this section4 7h7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,energy and ,natural ,resources1 the ,committee on ,agriculture1 ,nutrition1 and ,forestry1 the ,committee on ,armed ,services1 and the ,committee on ,finance of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 the ,committee on ,energy and ,commerce1 the ,committee on ,agriculture1 the ,committee on ,armed ,services1 and the ,committee on ,ways and ,means of the ,house of ,representatives4 ,,iii ,cooperating with allies and partners #cja4 ,investing in talent in ,southeast ,asia and the ,pacific ,islands 7a7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,pacific ,islands ,the term ,pacific ,islands means the nations of ,federated ,states of ,micronesia1 ,fiji1 ,kiribati1 ,nauru1 ,palau1 ,papua ,new ,guinea1 ,republic of ,marshall ,islands1 ,samoa1 ,solomon ,islands1 ,tonga1 ,tuvalu1 and ,vanuatu4 7#c7 ,southeast ,asia ,the term ,southeast ,asia means the nations of ,brunei ,darussalam1 ,cambodia1 ,indonesia1 ,lao ,,pdr1 ,malaysia1 ,myanmar1 the ,philippines1 ,singapore1 ,thailand1 ,vietnam1 and ,timor-,leste4 7b7 ,establishment of center of excellence ,the ,secretary1 in coordination with the heads of relevant ,federal departments and agencies1 is authorized to enter into public-private partnerships and establish a center of excellence located in a ,southeast ,asian country to build and enhance the technical capacity of officials1 emerging leaders1 and other qualified persons from countries in ,southeast ,asia and the ,pacific ,islands4 7c7 ,priority areas for technical assistance and capacity building ,the center of excellence established under subsection 7b7 will provide technical assistance and capacity building in the following areas3 7#a7 ,revenue1 customs1 and income4 7#b7 ,regulatory management4 7#c7 ,procurement processes1 including tendering1 bidding1 and contract negotiation4 7#d7 ,budget management and oversight4 7#e7 ,management of key economic sectors1 including energy1 digital economy1 and infrastructure4 7d7 ,terms and conditions ,the program authorized under this section shall-- 7#a7 leverage existing ,united ,states foreign assistance programs and activities in ,southeast ,asia and the ,pacific ,islands1 which may include assistance provided under-- 7,a7 future leaders initiatives1 such as the ,young ,southeast ,asia ,leaders ,initiative and the ,young ,pacific ,leaders ,program2 7,b7 the ,american ,schools and ,hospitals ,abroad ,act 7#bb ,u4,s4,c4 #bagd72 7,c7 the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggja72 7,d7 ,u4,s4-,support for ,economic ,growth in ,asia 7,,us-,,sega72 and 7,e7 other relevant education or scholarship programs2 7#b7 be supported by instructors that-- 7,a7 7i7 currently serve in relevant areas of the ,united ,states ,government with a rank of not less than #ab on the ,,gs scale2 or 7ii7 possess at least ten years of experience relevant to the areas of instruction identified in subsection 7c72 7,b7 meet high professional standards within their fields2 and 7,c7 are contracted by the center of excellence established under subsection 7b7 or are deployed or detailed directly from a ,federal ,government agency2 7#c7 seek to attract participants who-- 7,a7 7i7 are currently senior or mid-career officials in key technical ministries of participating countries in ,southeast ,asia or the ,pacific ,islands2 7ii7 have demonstrated leadership potential and direct responsibility for crafting or implementing policies relevant to the areas of instruction identified in subsection 7c72 and 7iii7 commit to return to government service for a period of not less than five years after completing the program outlined in this section2 or 7,b7 are currently employed in utilities1 publicly or privately owned companies1 or other non-government entities with direct responsibility for crafting or implementing policies relevant to the areas of instruction identified in subsection 7c72 and 7#d7 require financial or in-kind contributions from participating governments1 commensurate with the gross domestic product of the countries4 7e7 ,authorization ,to enter into memoranda of understanding ,to fulfill the terms and conditions specified by subsection 7d71 the ,secretary of ,state is authorized to enter into memoranda of understanding with participating governments to determine what financial or in-kind contributions will be made by the ,united ,states and what financial or in-kind contributions will be made by the participating government4 7f7 ,specification for memoranda of understanding ,the value of financial or in-kind contributions by the ,united ,states and a particular participating government shall be determined and audited by an independent entity chosen by mutual agreement of the ,united ,states and such government4 7g7 ,consultation and reporting requirements 7#a7 ,consultation ,the ,secretary shall consult with the appropriate congressional committees prior to the obligation of funds authorized to be appropriated under this ,act4 7#b7 ,consultation on expansion outside ,southeast ,asia and the ,pacific ,islands ,the ,secretary shall consult with the appropriate congressional committees prior to expanding the availability of this program to nations outside of ,southeast ,asia and the ,pacific ,islands4 7#c7 ,annual report ,the ,secretary shall submit to the appropriate congressional committees an annual report on the activities of the program authorized under this subsection through fiscal year #bjbf4 ,the report shall include-- 7,a7 a description of all major activities in the previous year2 7,b7 a description of the financial and other contributions of the ,united ,states ,government2 7,c7 a description of the contributions made by governments in ,southeast ,asia or the ,pacific ,islands2 7,d7 an assessment of the program's successes2 and 7,e7 an assessment of any required authorities1 funding1 or other alterations to improve the program's effectiveness4 7h7 ,authorization of appropriations ,there is authorized to be appropriated #ae1jjj1jjj for each of fiscal years #bjbd through #bjbh to carry out this section4 #cjb4 ,regulatory exchanges with allies and partners 7a7 ,in general ,the ,secretary of ,state1 in coordination with the heads of other participating ,federal agencies1 shall establish and develop a program to facilitate and encourage regular dialogues between ,united ,states ,government regulatory and technical agencies and their counterpart organizations in allied and partner countries1 both bilaterally and in relevant multilateral institutions and organizations-- 7#a7 to promote best practices in regulatory formation and implementation2 7#b7 to collaborate to achieve optimal regulatory outcomes based on scientific1 technical1 and other relevant principles2 7#c7 to seek better harmonization and alignment of regulations and regulatory practices2 7#d7 to build consensus around industry and technical standards in emerging sectors that will drive future global economic growth and commerce2 and 7#e7 to promote ,united ,states standards regarding environmental1 labor1 and other relevant protections in regulatory formation and implementation1 in keeping with the values of free and open societies1 including the rule of law4 7b7 ,prioritization of activities ,in facilitating expert exchanges under subsection 7a71 the ,secretary shall prioritize-- 7#a7 bilateral coordination and collaboration with countries where greater regulatory coherence1 harmonization of standards1 or communication and dialogue between technical agencies is achievable and best advances the economic and national security interests of the ,united ,states2 7#b7 multilateral coordination and collaboration where greater regulatory coherence1 harmonization of standards1 or dialogue on other relevant regulatory matters is achievable and best advances the economic and national security interests of the ,united ,states1 including with-- 7,a7 the ,european ,union2 7,b7 the ,asia-,pacific ,economic ,cooperation2 7,c7 the ,association of ,southeast ,asian ,nations 7,,asean72 7,d7 the ,organization for ,economic ,cooperation and ,development 7,,oecd72 and 7,e7 multilateral development banks2 and 7#c7 regulatory practices and standards-setting bodies focused on key economic sectors and emerging technologies4 7c7 ,participation by nongovernmental entities ,with regard to the program described in subsection 7a71 the ,secretary of ,state may facilitate1 including through the use of amounts appropriated pursuant to subsection 7e71 the participation of private sector representatives1 and other relevant organizations and individuals with relevant expertise1 as appropriate and to the extent that such participation advances the goals of such program4 7d7 ,delegation of authority by the ,secretary ,the ,secretary of ,state is authorized to delegate the responsibilities described in this section to the ,under ,secretary of ,state for ,economic ,growth1 ,energy1 and the ,environment4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated #b1ejj1jjj for each of fiscal years #bjbd through #bjbh to carry out this section4 7#b7 ,use of funds ,the ,secretary may make available amounts appropriated pursuant to paragraph 7#a7 in a manner that-- 7,a7 facilitates participation by representatives from technical agencies within the ,united ,states ,government and their counterparts2 and 7,b7 complies with applicable procedural requirements under the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a et seq47 and the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq474 #cjc4 ,infrastructure ,transaction and ,assistance ,network 7a7 ,authority ,the ,secretary of ,state is authorized to establish an initiative1 to be known as the ,infrastructure ,transaction and ,assistance ,network1 under which the ,secretary of ,state1 in consultation with other relevant ,federal agencies1 may carry out various programs to advance the development of sustainable1 transparent1 and high-quality infrastructure in the ,indo-,pacific region by-- 7#a7 strengthening capacity-building programs to improve project evaluation processes1 regulatory and procurement environments1 and project preparation capacity of countries that are partners of the ,united ,states in such development2 7#b7 providing transaction advisory services and project preparation assistance to support sustainable infrastructure2 and 7#c7 coordinating the provision of ,united ,states assistance for the development of infrastructure1 including infrastructure that utilizes ,united ,states-manufactured goods and services1 and catalyzing investment led by the private sector4 7b7 ,transaction ,advisory ,fund ,as part of the ,infrastructure ,transaction and ,assistance ,network described under subsection 7a71 the ,secretary of ,state is authorized to provide support1 including through the ,transaction ,advisory ,fund1 for advisory services to help boost the capacity of partner countries to evaluate contracts and assess financial1 environmental1 or other relevant impacts of potential infrastructure projects1 including through providing services such as-- 7#a7 legal services2 7#b7 project preparation and feasibility studies2 7#c7 debt sustainability analyses2 7#d7 bid or proposal evaluation2 and 7#e7 other services relevant to advancing the development of sustainable1 transparent1 and high-quality infrastructure4 7c7 ,strategic ,infrastructure ,fund 7#a7 ,in general ,as part of the ,infrastructure ,transaction and ,assistance ,network described under subsection 7a71 the ,secretary of ,state is authorized to provide support1 including through the ,strategic ,infrastructure ,fund1 for technical assistance1 project preparation1 pipeline development1 and other infrastructure project support4 7#b7 ,joint infrastructure projects ,funds authorized for the ,strategic ,infrastructure ,fund should be used in coordination with the ,department of ,defense1 the ,international ,development ,finance ,corporation1 like-minded donor partners1 and multilateral banks1 as appropriate1 to support joint infrastructure projects in the ,indo-,pacific region4 7#c7 ,strategic infrastructure projects ,funds authorized for the ,strategic ,infrastructure ,fund should be used to support strategic infrastructure projects that are in the national security interest of the ,united ,states and vulnerable to strategic competitors4 7d7 ,authorization of appropriations ,there is authorized to be appropriated1 for each of fiscal years #bjbd to #bjbh1 #ge1jjj1jjj to the ,infrastructure ,transaction and ,assistance ,network1 of which #bj1jjj1jjj is to be provided for the ,transaction ,advisory ,fund4 #cjd4 ,digital ,connectivity and ,cybersecurity ,partnership 7a7 ,digital ,connectivity and ,cybersecurity ,partnership ,the ,secretary of ,state is authorized to establish a program1 to be known as the ,digital ,connectivity and ,cybersecurity ,partnership to help foreign countries-- 7#a7 expand and increase secure internet access and digital infrastructure in emerging markets2 7#b7 protect technological assets1 including data2 7#c7 adopt policies and regulatory positions that foster and encourage open1 interoperable1 reliable1 and secure internet1 the free flow of data1 multi-stakeholder models of internet governance1 and pro-competitive and secure information and communications technology 7,,ict7 policies and regulations2 7#d7 promote exports of ,united ,states ,,ict goods and services and increase ,united ,states company market share in target markets2 7#e7 promote the diversification of ,,ict goods and supply chain services to be less reliant on imports from the ,people's ,republic of ,china2 and 7#f7 build cybersecurity capacity1 expand interoperability1 and promote best practices for a national approach to cybersecurity4 7b7 ,implementation plan ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate committees of ,congress an implementation plan for the coming year to advance the goals identified in subsection 7a74 7c7 ,consultation ,in developing the action plan required by subsection 7b71 the ,secretary of ,state shall consult with-- 7#a7 the appropriate congressional committees2 7#b7 leaders of the ,united ,states industry2 7#c7 other relevant technology experts1 including the ,open ,technology ,fund2 7#d7 representatives from relevant ,united ,states ,government agencies2 and 7#e7 representatives from like-minded allies and partners4 7d7 ,briefing requirement ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for five years1 the ,secretary of ,state shall provide the appropriate congressional committees a briefing on the implementation of the plan required by subsection 7b74 7e7 ,authorization of appropriations ,there is authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjbd through #bjbh to carry out this section4 ,,iv ,boosting international trade and investment #dja4 ,pilot program to audit barriers to trade in developing partner countries 7a7 ,establishment ,the ,secretary of ,state shall establish a pilot program-- 7#a7 to identify and evaluate barriers to trade and investment in developing countries that are partners of the ,united ,states2 and 7#b7 to provide assistance relating to trade capacity building and trade facilitation to those countries4 7b7 ,purposes ,under the pilot program established under subsection 7a71 the ,secretary shall1 in partnership with the countries selected under subsection 7c77#a7 to participate in the pilot program-- 7#a7 identify barriers in those countries to enhancing international trade and investment with the goal of setting priorities for the efficient use of ,united ,states trade-related assistance2 7#b7 focus ,united ,states trade-related assistance on building self-sustaining institutional capacity for expanding international trade in those countries1 consistent with international obligations and commitments2 and 7#c7 further the national interests of the ,united ,states by-- 7,a7 expanding prosperity through the elimination of foreign barriers to trade and investment2 7,b7 assisting the countries selected under subsection 7c77#a7 to identify and reduce barriers to-- 7i7 the movement of goods in international commerce2 and 7ii7 foreign investment2 7,c7 assisting those countries in undertaking reforms that will encourage economic engagement and sustainable development2 and 7,d7 assisting private sector entities in those countries to engage in reform efforts and enhance productive global supply chain partnerships with the ,united ,states and allies and partners of the ,united ,states4 7c7 ,selection of countries 7#a7 ,in general ,the ,secretary shall select countries for participation in the pilot program under subsection 7a7 from among countries-- 7,a7 that are developing countries and partners of the ,united ,states2 7,b7 the governments of which have clearly demonstrated a willingness to make appropriate legal1 policy1 and regulatory reforms by adopting internationally recognized best practices that are proven to stimulate economic growth and job creation1 consistent with international trade rules and practices2 and 7,c7 that meet such additional criteria as may be established jointly by the ,secretary and the ,administrator of the ,united ,states ,agency for ,international ,development4 7#b7 ,considerations for additional criteria ,in establishing additional criteria under paragraph 7#a77;,c71 the ,secretary and the ,administrator shall-- 7,a7 identify and address structural weaknesses1 systemic flaws1 or other impediments within countries that may be considered for participation in the pilot program under subsection 7a7 that impact the effectiveness of ,united ,states trade-related assistance and make recommendations for addressing those weaknesses1 flaws1 and impediments2 7,b7 set priorities for trade capacity building to focus resources on countries where the provision of trade-related assistance can deliver the best value in identifying and eliminating barriers to trade and investment1 including by fostering adherence to international trade obligations2 and 7,c7 developing appropriate performance measures and establishing annual targets to monitor and assess progress toward those targets1 including measures to be used to terminate the provision of assistance determined to be ineffective4 7#c7 ,number and deadline for selections 7,a7 ,in general ,not later than #bgj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary1 with the concurrence of the ,united ,states ,trade ,representative and the ,administrator1 shall select countries under paragraph 7#a7 for participation in the pilot program under subsection 7a74 7,b7 ,number ,the ,secretary shall select for participation in the pilot program under subsection 7a7-- 7i7 not fewer than #e countries during the one-year period beginning on the date of the enactment of this ,act2 and 7ii7 not fewer than #ae countries during the #e-year period beginning on such date of enactment4 7#d7 ,prioritization based on recommendations from chiefs of mission ,in selecting countries under paragraph 7#a7 for participation in the pilot program under subsection 7a71 the ,secretary1 with the concurrence of the ,trade ,representative and the ,administrator1 shall prioritize countries recommended by chiefs of mission that-- 7,a7 will be able to substantially benefit from expanded ,united ,states trade-related assistance2 and 7,b7 the governments of which have demonstrated the political will to effectively and sustainably implement such assistance4 7d7 ,evaluation of areas of cooperation ,in carrying out the pilot program established under subsection 7a71 the ,secretary of ,state shall use the principal trade negotiating objectives set forth in section #ajb7;b7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbja7;b77 to determine areas of cooperation with a country selected under subsection 7c77#a7 to participate in the pilot program4 7e7 ,plans of action 7#a7 ,in general ,the ,administrator1 in coordination with the ,secretary1 shall lead efforts to engage relevant officials of each country selected under subsection 7c77#a7 to participate in the pilot program under subsection 7a7 with respect to the development of a plan of action to promote conditions favorable for business and commercial development and economic and job growth in the country4 7#b7 ,analysis required ,the development of a plan of action under paragraph 7#a7 shall include a comprehensive analysis of relevant legal1 policy1 and regulatory constraints to economic and job growth in that country4 7#c7 ,elements ,a plan of action developed under paragraph 7#a7 for a country shall include the following3 7,a7 ,priorities for reform agreed to by the government of that country and the ,united ,states4 7,b7 ,clearly defined policy responses1 including regulatory and legal reforms1 as necessary1 to achieve improvement in the business and commercial environment in the country4 7,c7 ,identification of the anticipated costs to establish and implement the plan4 7,d7 ,identification of appropriate sequencing and phasing of implementation of the plan to create cumulative benefits1 as appropriate4 7,e7 ,identification of best practices and standards4 7,f7 ,considerations with respect to how to make the policy reform investments under the plan long-lasting4 7,g7 ,appropriate consultation with affected stakeholders in that country and in the ,united ,states4 7f7 ,termination ,the pilot program established under subsection 7a7 shall terminate on the date that is #e years after the date of the enactment of this ,act4 #djb4 ,promoting adoption of ,united ,nations ,convention on ,assignment of ,receivables in ,international ,trade 7a7 ,findings ,congress makes the following findings3 7#a7 ,the ,united ,nations ,convention on the ,assignment of ,receivables in ,international ,trade1 done at ,new ,york ,december #ab1 #bjja1 and signed by the ,united ,states on ,december #cj1 #bjjc 7in this section referred to as the ,convention71 establishes uniform international rules governing a form of financing widely used in the ,united ,states involving the assignment of receivables4 7#b7 ,receivables financing is an important tool in helping ,united ,states businesses secure working capital financing4 ,within the ,united ,states1 lenders and buyers of receivables provide financing based on the use of receivables from debtors located within the ,united ,states as working capital collateral4 7#c7 ,receivables financing occurs in transactions in which businesses either sell their rights to payments from their customers 7known as receivables7 to a bank or other financial institution1 or use their rights to those payments as collateral for a loan from a lender4 ,the businesses selling or using their receivables as collateral are referred to as assignors and buyers and lenders are referred to as assignees4 7#d7 ,many countries1 however1 do not have the kinds of modern commercial finance laws on the assignment of receivables required to implement the ,convention4 7#e7 ,united ,states-based lenders are less willing to make loans secured by receivables owed by debtors located outside the ,united ,states1 as such cross-border transactions may involve countries the laws of which are inconsistent with modern financial practices4 7#f7 ,because of the risk1 cost1 and uncertainty created by receivables financing laws in other countries1 which vary greatly or can be vague or unpredictable1 the ability of small and medium-sized ,united ,states businesses to access financing from lenders using international accounts receivables derived from exports or other cross-border transactions is severely limited4 7#g7 ,expanded access to receivables financing in international trade1 which the ,convention would promote1 will provide ,united ,states businesses with an additional source of capital at no cost to the ,united ,states taxpayer1 benefitting small and medium-sized businesses that use receivables financing4 7#h7 ,the ,convention is consistent with article #i of the ,united ,states ,uniform ,commercial ,code1 as adopted by all #ej ,states1 the ,district of ,columbia1 and the territories of ,puerto ,rico and the ,virgin ,islands4 7#i7 ,the ,convention includes extensive rules on the use of receivables to finance operations1 using receivables as collateral1 and how to resolve potential conflicts of law arising from the use of receivables4 7#aj7 ,adoption of the ,convention would establish more predictability and uniformity with respect to receivables financing in cross-border transactions1 thereby opening up new opportunities for trade and economic growth between the ,united ,states and its partners in the developing world4 7#aa7 ,the ,senate consented to ratification of the ,convention in ,january #bjai4 7#ab7 ,the ,president ratified the ,convention in ,october #bjai4 7b7 ,sense of the ,senate ,it is the sense of the ,senate that the ,secretary of ,state should1 in the regular course of economic dialogues with developing countries that are partners of the ,united ,states1 promote the adoption and implementation of the ,convention as an important tool-- 7#a7 to help attract foreign investment to and trade with such countries2 and 7#b7 to establish a predictable1 rules-based framework that can help such countries create additional sources of capital at no cost1 benefitting small and medium-sized businesses that use receivables financing4 ,v ,combating anti-competitive behavior #eja4 ,predatory pricing by entities owned1 controlled1 or directed by a foreign state 7a7 ,prohibited acts 7#a7 ,in general ,no entity owned1 controlled1 or directed by a foreign state or an agent or instrumentality of a foreign state 7as defined in section #afjc of title #bh1 ,united ,states ,code7 and participating in international commerce may establish or set prices below the average variable cost in a manner that may foreseeably harm competition4 7#b7 ,economic support ,in determining the average variable cost under paragraph 7#a71 the court may take into account the effects of economic support provided by the owning or controlling foreign state to the entity on a discriminatory basis that may allow the entity to unfairly price at or below marginal cost4 7#c7 ,government subsidies ,in determining the foreseeability of the elimination of market competitors under paragraph 7#a71 the court may take into account the aggravating factor of the actions of the foreign state owning or controlling the entity referred to in such paragraph to use government resources to subsidize or underwrite the losses of the entity in a manner that allows the entity to sustain the predatory period and recoup its losses4 7#d7 ,market power not required ,for the purpose of establishing the elements of 7a77#a71 the plaintiff shall not be required to demonstrate that the defendant has monopoly or market power4 7b7 ,recovery of damages ,any person 7as defined in section #a7;a7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ab7;a77 whose business or property is injured as a result of the actions of an entity described in subsection 7a7 shall be entitled to recovery from the defendant for damages and other related costs under section #d of such ,act 7#ae ,u4,s4,c4 #ae74 7c7 ,elements of prima facie case ,a plaintiff may initiate a claim against a defendant in an appropriate ,federal court for a violation of subsection 7a7 in order to recover damages under subsection 7b7 by-- 7#a7 establishing1 by a preponderance of the evidence1 that the defendant-- 7,a7 is a foreign state or an agency or instrumentality of a foreign state 7as defined in section #afjc of title #bh1 ,united ,states ,code72 and 7,b7 is not immune from the jurisdiction of the ,federal court pursuant to section #afje7;a77#b7 of title #bh1 ,united ,states ,code2 and 7#b7 setting forth sufficient evidence to establish a reasonable inference that the defendant has violated subsection 7a74 7d7 ,court determination leading to evidentiary burden shifting to defendant ,if a ,federal court finds that a plaintiff has met its burden of proof under subsection 7c71 the court may determine that-- 7#a7 the plaintiff has established a prima facie case that the conduct of the defendant is in violation of subsection 7a72 and 7#b7 the defendant has the burden of rebutting such case by establishing that the defendant is not in violation of subsection 7a74 7e7 ,filing of amicus briefs by the ,department of ,state and ,department of ,justice regarding international comity and harm to competition 7#a7 ,in general ,for the purposes of considering questions of international comity with respect to making decisions regarding commercial activity and the scope of applicable sovereign immunity1 the ,federal court may receive and consider relevant amicus briefs filed by the ,secretary of ,state4 7#b7 ,attorney ,general ,for the purposes of considering questions regarding assessing potential harm to competition1 the ,federal court may receive and consider relevant amicus briefs filed by the ,attorney ,general4 7#c7 ,savings provision ,nothing in paragraph 7#a7 may be construed to limit the ability of the ,federal court to receive and consider any other amicus briefs4 #ejb4 ,expansion of offense of theft of trade secrets to include unauthorized development of products and digital articles 7a7 ,in general ,section #ahcb7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 without authorization modifies or develops a product or digital article that could not have been modified or developed in the same way without access to such information2 2 and 7#c7 in paragraphs 7#e7 and 7#f71 as redesignated by paragraph 7#a71 by striking through 7#c7 and inserting through 7#d74 7b7 ,applicability ,to conduct outside the ,united ,states ,section #ahcg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking 2 or and inserting a semicolon2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new paragraph3 7#c7 in the case of a violation of section #ahcb7;a77#d71 the offender attempts to import a product or digital article described in that section into the ,united ,states4 4 7c7 ,definitions ,section #ahci of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by inserting data1 after programs12 7#b7 in paragraph 7#f77;,b71 by striking 2 and and inserting a semicolon2 7#c7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following new paragraph3 7#h7 the term digital article means an algorithm1 digitized process1 or database1 or any other electronic technology that generates1 stores1 or processes data4 4 #ejc4 ,review of petitions related to intellectual property theft and forced technology transfer 7a7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 the ,committee on ,energy and ,commerce1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,committee ,the term ,committee means the committee established or designated under subsection 7b74 7#c7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#d7 ,intellectual property ,the term intellectual property means-- 7,a7 any work protected by a copyright under title #ag1 ,united ,states ,code2 7,b7 any property protected by a patent granted by the ,united ,states ,patent and ,trademark ,office under title #ce1 ,united ,states ,code2 7,c7 any word1 name1 symbol1 or device1 or any combination thereof1 that is registered as a trademark with the ,united ,states ,patent and ,trademark ,office under the ,act entitled ,an ,act to provide for the registration and protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes1 approved ,july #e1 #aidf 7commonly known as the ,lanham ,act or the ,trademark ,act of #aidf7 7#ae ,u4,s4,c4 #ajea et seq472 7,d7 a trade secret 7as defined in section #ahci of title #ah1 ,united ,states ,code72 or 7,e7 any other form of intellectual property4 7#e7 ,united states person ,the term ,united ,states person means-- 7,a7 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 any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 7b7 ,establishment of a committee 7#a7 ,in general ,the ,president shall-- 7,a7 establish a multi-agency committee to carry out this section2 or 7,b7 designate an existing multi-agency committee within the executive branch to carry out this section if the ,president determines that the existing committee has the relevant expertise and personnel to carry out this section4 7#b7 ,membership ,the ,committee shall be comprised of the following officials 7or1 subject to paragraph 7#c71 a designee of any such official73 7,a7 ,the ,secretary of the ,treasury4 7,b7 ,the ,secretary of ,commerce4 7,c7 ,the ,secretary of ,state4 7,d7 ,the ,attorney ,general4 7,e7 ,the ,director of ,national ,intelligence4 7,f7 ,the heads of such other agencies as the ,president determines appropriate1 generally or on a case-by-case basis4 7#c7 ,designee ,an official specified in paragraph 7#b7 may select a designee to serve on the ,committee from among individuals serving in positions appointed by the ,president by and with the advice and consent of the ,senate4 7#d7 ,chair and vice chair ,the ,president shall appoint a chairperson and a vice chairperson of the ,committee from among the members of the ,committee4 7c7 ,submission of petitions 7#a7 ,in general ,a ,united ,states person described in paragraph 7#c7 may submit a petition to the ,committee requesting that the ,committee-- 7,a7 review1 under subsection 7d71 a significant act or series of acts described in paragraph 7#b7 committed by a foreign person2 and 7,b7 refer the matter to the ,president with a recommendation to impose sanctions under subsection 7e7 to address any threat to the national security of the ,united ,states posed by the significant act or series of acts4 7#b7 ,significant act or series of acts described ,a significant act or series of acts described in this paragraph is a significant act or series of acts of-- 7,a7 theft of intellectual property of a ,united ,states person2 or 7,b7 forced transfer of technology that is the intellectual property of a ,united ,states person4 7#c7 ,united states person described ,a ,united ,states person is described in this paragraph if-- 7,a7 a court of competent jurisdiction in the ,united ,states has rendered a final judgment in favor of the ,united ,states person that-- 7i7 the foreign person identified in the petition submitted under paragraph 7#a7 committed the significant act or series of acts identified in the petition2 7ii7 the ,united ,states person is the owner of the intellectual property identified in the petition2 and 7iii7 the foreign person is using that intellectual property without the permission of the ,united ,states person2 and 7,b7 the ,united ,states person can provide clear and convincing evidence to the ,committee that the value of the economic loss to the ,united ,states person resulting from the significant act or series of acts exceeds #aj1jjj1jjj4 7d7 ,review and action by the committee 7#a7 ,review ,upon receiving a petition under subsection 7c71 the ,committee shall conduct a review of the petition in order to determine whether the imposition of sanctions under subsection 7e7 is necessary and appropriate to address any threat to the national security of the ,united ,states posed by the significant act or series of acts identified in the petition4 7#b7 ,action ,after conducting a review under paragraph 7#a7 of a petition submitted under subsection 7c71 the ,committee may take no action1 dismiss the petition1 or refer the petition to the ,president with a recommendation with respect to whether to impose sanctions under subsection 7e74 7e7 ,imposition of sanctions 7#a7 ,in general ,the ,president may impose the sanctions described in paragraph 7#c7 with respect to a foreign person identified in a petition submitted under subsection 7c7 if the ,president determines that imposing such sanctions is necessary and appropriate to address any threat to the national security of the ,united ,states posed by the significant act or series of acts identified in the petition4 7#b7 ,notice to congress ,not later than #cj days after the ,committee refers a petition to the ,president with a recommendation under subsection 7d77#b71 the ,president shall submit to the appropriate congressional committees a notice of the determination of the ,president under paragraph 7#a7 with respect to whether or not to impose sanctions described in paragraph 7#c7 with respect to each foreign person identified in the petition4 ,each notice required under this paragraph shall be submitted in unclassified form1 but may include a classified annex4 7#c7 ,sanctions described ,the sanctions that may be imposed under paragraph 7#a7 with respect to a foreign person identified in a petition submitted under subsection 7c7 are the following3 7,a7 ,export sanction ,the ,president may order the ,united ,states ,government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under-- 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 7,b7 ,loans from ,united ,states financial institutions ,the ,president may prohibit any ,united ,states financial institution from making loans or providing credits to the person totaling more than #aj1jjj1jjj in any #ab-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities4 7,c7 ,loans from international financial institutions ,the ,president may direct the ,united ,states executive director to each international financial institution to use the voice and vote of the ,united ,states to oppose any loan from the international financial institution that would benefit the person4 7,d7 ,prohibitions on financial institutions ,the following prohibitions may be imposed against the person if the person is a financial institution3 7i7 ,prohibition on designation as primary dealer ,neither the ,board of ,governors of the ,federal ,reserve ,system nor the ,federal ,reserve ,bank of ,new ,york may designate1 or permit the continuation of any prior designation of1 the financial institution as a primary dealer in ,united ,states ,government debt instruments4 7ii7 ,prohibition on service as a repository of government funds ,the financial institution may not serve as agent of the ,united ,states ,government or serve as repository for ,united ,states ,government funds4 7,e7 ,procurement sanction ,the ,president may prohibit the ,united ,states ,government from procuring1 or entering into any contract for the procurement of1 any goods or services from the person4 7,f7 ,foreign exchange ,the ,president may1 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 person has any interest4 7,g7 ,banking transactions ,the ,president may1 pursuant to such regulations as the ,president may prescribe1 prohibit any transfers of credit or payments between 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 person4 7,h7 ,property transactions ,the ,president may1 pursuant to such regulations as the ,president may prescribe1 prohibit any person from-- 7i7 acquiring1 holding1 withholding1 using1 transferring1 withdrawing1 transporting1 importing1 or exporting any property that is subject to the jurisdiction of the ,united ,states and with respect to which the person identified in the petition has any interest2 7ii7 dealing in or exercising any right1 power1 or privilege with respect to such property2 or 7iii7 conducting any transaction involving such property4 7,i7 ,ban on investment in equity or debt of sanctioned person ,the ,president may1 pursuant to such regulations or guidelines as the ,president may prescribe1 prohibit any ,united ,states person from investing in or purchasing significant amounts of equity or debt instruments of the person4 7,j7 ,exclusion of corporate officers ,the ,president may direct the ,secretary of ,state to deny a visa to1 and the ,secretary of ,homeland ,security to exclude from the ,united ,states1 any alien that the ,president determines is a corporate officer or principal of1 or a shareholder with a controlling interest in1 the person identified in the petition4 7,k7 ,sanctions on principal executive officers ,the ,president may impose on the principal executive officer or officers of the person1 or on individuals performing similar functions and with similar authorities as such officer or officers1 any of the sanctions described in this paragraph4 7f7 ,implementation2 penalties 7#a7 ,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 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out this section 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 7g7 ,confidentiality of information 7#a7 ,in general ,the ,committee shall protect from disclosure any proprietary information submitted by a ,united ,states person and marked as business confidential information1 unless the person submitting the information-- 7,a7 had notice1 at the time of submission1 that the information would be released by the ,committee2 or 7,b7 subsequently consents to the release of the information4 7#b7 ,treatment as trade secrets ,proprietary information submitted by a ,united ,states person under this section shall be-- 7,a7 considered to be trade secrets and commercial or financial information 7as those terms are used for purposes of section #eeb;b7c77#d7 of title #e1 ,united ,states ,code72 and 7,b7 exempt from disclosure without the express approval of the person4 7h7 ,rulemaking ,the ,president may prescribe such licenses1 orders1 and regulations as are necessary to carry out this section1 including with respect to the process by which ,united ,states persons may submit petitions under subsection 7c74